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Home My WebLink About120892 CC AgendaAGENDA : TEMECULA CITY COUNCIL A REGULAR MEETING TEMECULA COMMUNITY CENTER - 28816 PUJOL STREET DECEMBER 8, 1992 - 7:00 PM EXECUTIVE SESSION: '5:'30' PM -ClOSed:Session ofthe City :Council pursuant to Government Code SectiOn 54956.9 |el, regarding Lake =Villagee.v. City Of Temecula; McDoweil v: .City=of TemeCule~:M~)daffa~e:v.. City.of.!;emeCula;.PiedmOnt. v.' City of Temecula; and Siater v. Oilvet Brothers, City Of TemecUla,.et. 'al:'and (b). and (c). At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM and may continue ell other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM Next in Order: Ordinance: No. 92-18 Resolution: No. 92-90 CALL TO ORDER: Mayor Patricia H. Birdsall presiding Invocation Pastor Charles Graham, New Covenant Fellowship Flag Salute Brownie Girl Scout Troop 1524 and Cub Scout Pack 301 -.Den No. 6 ROLL CALL: Mu~oz, Parks, Roberrs, Stone, Birdsall PRESENTATIONS/ PROCLAMATIONS Family Night Out in Temecula Proclamation 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 he filled out and filed with the City Clerk. 21agerole/1 20e92 1 12/02/e2 For all other agenda items a "Requestto 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. CITY COUNCIL REORGANIZATION Election of Mayor At this time the Mayor will entertain motions from the City Councilmembers to select the Mayor to preside until the end of calendar year 1993. 2 Election of Mayor Pro Tam At this time the Mayor will entertain motions from the City Councilmembers to select the Mayor Pro Tempore who will assume the duties of the Mayor in the Mayor's absence and will hold this office until the end of calendar year 1993. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and ell 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 3 4 5 Standard Ordinance Adoorion Procedure RECOMMENDATION 3.1 Motion to waive the reading of the text of all ordinances end resolutions included in the agenda. Minutes RECOMMENDATION: 4.1 Approve the minutes of November 18, 1992; Resolution Aoorovina List of Demands RECOMMENDATION: 5.1 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 2JaOendaJ 120892 2 12A)2Jt2 " 6 City Treasurer's ReDOR Endina October 31.1992 - RECOMMENDATION: 6.1 Receive and file report. 7 Sales Tax Aoreement with Hinderliter. de Llamas and Associates RECOMMENDATION: 7.1 Appropriate $19,000 from the unappropriated General Fund Balance for Consulting Fees to cover unanticipated costs associated with a finders fee relating to the Sales Tax Audit Agreement with Hinderliter, de Llamas and Associates (HdL); 7.2 Extend the agreement with HdL for one year. 8 1992-93 Fire Protection Aoreement RECOMMENDATION: 8.1 Approve the Fiscal Year 1992-93 Fire Protection Agreement with the Riverside County Fire Department and authorize the Mayor to execute the contract. Award of Contract for Modification of Traffic Sipnal at the Intersection of Jefferson Avenue and Winchester Road (RFP NO. 011) RECOMMENDATION: 9.1 Approve award of contract for the modification of the existing tra'ffic signal at Jefferson Avenue and Winchester Road to Alexander Traffic Signal/Lighting Company, Inc. for $14,590, and authorize the Mayor to execute said contract; 9.2 Transfer $14,590 from the Traffic Engineering Account No. 100-164- 999-5406 to the Public Works Equipment Account No. 100-164-999- 5610. 10 AODrOval Of Final Parcel MaD No. 27336 RECOMMENDATION: 10.1 Approve Final Parcel Map No. 27336, subject to the Conditions of Approval. 2/agenda/12OM2 3 12/02/12 11 o Completion and Acceptance of Bike Lanes StriDing Project No. PW92-03 RECOMMENDATION: 11.1 Accept the Bike Lane Striping, Project No. PW92-03, as complete and direct the City Clerk to file the Notice of Completion; 11.2 Release the Performance Bonds; 11.3 Authorize the release of the construction retention thirty-five (35) days after filing of the Notice of completion; 11.4 Authorize the release of the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. 12 Implementation of Worker's Compensation for Volunteer Workers RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING SPECIFIED VOLUNTEER WORKERS TO BE EMPLOYEES FOR THE PURPOSES OF WORKER'S COMPENSATION AND INSURANCE LAW SECOND READING OF ORDINANCE 13 Second Reading of Ordinance AODrOvina Chanae of Zone No. 5724' - Acacia Homes RECOMMENDATION: 13.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 92-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY BY APPROVING THE CHANGE OF ZONE APPLICATION NO. 5724 CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL} TO R-1 (ONE FAMILY DWELLINGS) ON PROPERTY LOCATED ON THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF TEMECULA CREEK INN 2/eReride/12OI92 4 12/02/12 PUBLIC HEARINGS Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. 14 ADoeel No. 28 for Plot Plan No. 245. Amendment No. 1. Adams AdvertisinQ RECOMMENDATION: 14.1 .Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING APPEAL NO. 28, UPHOLDING PLANNING COMMISSION'S DECISION TO DENY PLOT PLAN NO. 245, AMENDMENT NO. 1, TO ALLOW THE CONSTRUCTION OF ONE (1) V-TYPE OUTDOOR ADVERTISING DISPLAY LOCATED ON THE EAST SIDE OF WINCHESTER ROAD APPROXIMATELY 1,200 FEET NORTH OF THE INTERSECTION OF WINCHESTER AND NICOLAS ROADS, AND KNOWN AS ASSESSOR'S PARCEL NO. 911-150-005 15 ADoeal No. 29 for Plot Plan NO. 246. Amendment No. 1. Adems Advertisino RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING APPEAL NO. 29, UPHOLDING PLANNING COMMISSION'S DECISION TO DENY PLOT PLAN NO. 246, AMENDMENT NO. 1, TO ALLOW THE CONSTRUCTION OF ONE (1| V-TYPE OUTDOOR ADVERTISING DISPLAY' LOCATED ON THE EAST SIDE OF WINCHESTER ROAD APPROXIMATELY 1,850 FEET NORTH OF THE INTERSECTION OF WINCHESTER AND NICOLAS ROADS, AND KNOWN AS ASSESSOR'S PARCEL NO. 911-150-005 2/egeetd~120112 6 ,12/02/12 16 AOOrOVal Of DevelOPment Aareement. Specific Plan No. 219.: Extensions of Time. Vesting Tentative Tract No. 24182. No. 24184, No. 24185, No. 24186, No. 24187 and No. 24188 and Environmental Impact RePort No. 235 Addendum RECOMMENDATION: 16.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 92- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 92-0013, THE DEVELOPMENT AGREEMENT FOR SPECIFIC PLAN NO. 219, AMENDMENT NO. 3; TO APPROVE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND BEDFORD DEVELOPMENT CORPORATION FOR A TEN YEAR PERIOD, TO · COLLECT DEVELOPMENT FEES, RECEIVE CREDIT FOR QUIMBY ACT REQUIREMENTS BY DEVELOPING AND DEDICATING PUBLIC PARKS AND OPEN SPACE AND THE TIMING OF IMPROVEMENTS LOCATED TO THE SOUTH OF PAUBA ROAD, NORTH OF STATE HIGHWAY 79, WEST OF BUTTERFIELD STAGE ROAD AND EAST OF MARGARITA ROAD 16.2 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 92- AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF TEMECULA APPROVING SPECIFIC PLAN NO. 219, AMENDMENT NO. 3; AMENDING SPECIFIC PLAN NO. 219 TO ADD AN EIGHT ACRE PARK TO PLANNING AREA 6, TO MAKE THE SPECIFIC PLAN CONSISTENT WITH THE EAST SIDE MAPS AND TO MAKE ALL THE SECTIONS OF THE SPECIFIC PLAN CONSISTENT WITH EACH OTHER AND LOCATED TO THE SOUTH OF PAUBA ROAD, NORTH OF STATE HIGHWAY 79, WEST OF BUTTER FIELD STAGE ROAD AND EAST OF MARGARITA ROAD 16.3 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SPECIFIC PLAN NO. 219, AMENDMENT NO. 3 AMENDING SPECIFIC PLAN NO. 219 TO ADD AN EIGHT ACRE PARK TO PLANNING AREA 6, TO MAKE THE SPECIFIC PLAN CONSISTENT WITH THE EAST SIDE MAPS AND TO MAKE ALL THE SECTIONS OF THE SPECIFIC PLAN CONSISTENT WITH EACH OTHER AND LOCATED TO THE SOUTH OF PAUBA ROAD, NORTH OF STATE HIGHWAY 79, WEST OF BUTTERFIELD STAGE ROAD AND EAST OF MARGARITA ROAD 2/ageIda/120892 e 12/o2j,12 16.4 16.5 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST EXTENSIONS OF TIME FOR VESTING TENTATIVE TRACT MAP NO. 24182, AMENDMENT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24184., AMENDMENT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24184, AMENDMENT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24185, AMENDMENT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24186, AMENDMENT NO. 5, VESTING TENTATIVE TRACT MAP NO. 24187, AMENDMENT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24188, AMENDMENT NO. 3 (EAST SIDE MAPS) TO CREATE 443 SINGLE FAMILY RESIDENTIAL, 21 OPEN SPACE AND 4 MULTIFAMILY LOTS (VESTING TENTATIVE TRACT MAP NO. 24182, AMENDMENT NO. 3), 198 SINGLE FAMILY RESIDENTIAL, 12 OPEN SPACE LOTS (VESTING TENTATIVE TRACT MAP NO. 24814, AMENDMENT NO. 3), 351 SINGLE FAMILY RESIDENTIAL, 18 OPEN SPACE LOTS (VESTING TENTATIVE TRACT MAP NO. 24185, AMENDMENT NO. 3), 445 SINGLE FAMILY RESIDENTIAL, 14 OPEN SPACE AND 1 ELEMENTARY SCHOOL LOTS (VESTING TENTATIVE TRACT MAP NO. 24186, AMENDMENT NO 5), 363 SINGLE FAMILY RESIDENTIAL, 10 OPEN SPACE LOTS (VESTING TENTATIVE TRACT MAP NO. 24187, AMENDMENT NO. 3), 351 SINGLE FAMILY RESIDENTIAL, 26 OPEN SPACE, I ELEMENTARY SCHOOL, AND 1 NEIGHBORHOOD COMMERCIAL LOTS (VESTING TENTATIVE TRACT MAP NO. 24188, AMENDMENT NO. 3) LOCATED TO THE SOUTH OF PAUBA ROAD, NORTH OF STATE HIGHWAY 79, WEST OF BUTTERFIELD STAGE ROAD AND EAST OF MEADOWS PARKWAY Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE .CITY OF TEMECULA CERTIFYING THE ADDENDUM TO EIR NO. 235; TO CERTIFY.ANADDENDUM TO EIR NO. 235 DETERMINING NO ADDITIONAL IMPACTS AS A RESULT OF THE APPROVAL OF THE DEVELOPMENT AGREEMENT, THE SPECIFIC PLAN AMENDMENT AND THE EXTENSIONS OF TIME FOR THE EAST SIDE MAPS LOCATED TO THE SOUTH OF PAUBA ROAD, NORTH OF STATE HIGHWAY 79, WEST OF BUTTERFIELD STAGE ROAD AND EAST OF MARGARITA ROAD COUNCIL BUSINESS 17 Consideration of Cancellation of December 22, 1992 City Council Meeting 2Jagenela/120892 7 1WO2m2 18 Maintenance of Streets Not Within Maintained Road Svstem ~ ~'. RECOMMENDATION: 18.1 Establish the TCSD as a potential financing mechanism that will finance the design and construction cost associated with the expense of upgrading non-maintained streets within the City to publicly maintained standards (paved). 18.2 Direct Staff to expand the TCSD Service Levels to include road maintenance for pre-existing roads that do not meet current standards for acceptance into the Maintained Road System; 18.3 Establish a policy requiring a signed petition by 50% of the property owners within a proposed Road Maintenance Service Level accepting the service rates, when established, prior to forming a new Road Service Maintenance Service Level. 18.4 Direct Staff to develop low volume, paved, rural road standards similar to those currently existing in the Los Ranchitos Development for use in rural areas that have pre-existing roads that are not publicly maintained or are within a proposed Road Maintenance Service Level 18.5 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING OFFERS OF DEDICATION FOR STREET AND PUBLIC UTILITY PURPOSES, BUT NOT ACCEPTING INTO THE CITY-MAINTAINED STREET SYSTEM, LIEFER ROAD 18.6 Authorize the Public Works Department to solicit informal bids forthe construction of culverts on John Warner Road (5) and Liefer Road (1). The associated design and construction costs will be reimbursed to the City from the TCSD Road Maintenance Service Level or an Assessment District when they are formed. 19 Temecula Film Commission RECOMMENDATION: 19.1 Direct staff to create an ordinance establishing an application procedure and associated fee. 2/aoendd120612 $ 1WO~'I2 20 21 Temoorarv Signs in Old Town Historic District RECOMMENDATION: 20.1 Provide direction .to City Staff on the implementation of temporary sign regulations in the Old Town Temecula Historic District. Discussion of Boys and Girls Club Grant Reouest CITY MANAGER REPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS ADJOURNMFNT Next regular meeting: December 22, 1992, 7:00 PM, Temecula CommUnity Center, 28816 Pujol Street, Temecula, California 2/eOenda/120892 e 12/02/92 TEMECULA COMMUNITY' SERVICES DISTRICT 'MEETING - ~o:be held .at 8:00)' CALL TO ORDER: President Ronald J. Parks ROLL CALL: DIRECTORS: Birdsall, Mur~oz, Roberts, Stone, Parks PUBLIC COMMENT: 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 November 24, 1992. 2 Calle Araoon Park Proiect RECOMMENDATION: 2.1 Approve a transfer of $48,800 from the Quimby Fund to the Capital Projects Account; 2.2 Appropriate $48,800 to Capital Projects Account #210-190-135-5804. 3 Contract Change Order No. 001 for Community Recreation Center - Phase I RECOMMENDATION: 3.1 Approve Contract Change Order No. 001 with R.W. Cash Construction increasing the contract amount $38,700 due to additional over- excavation and recompaction of existing alluvium subgrade for the Community Recreation Center (CRC) Project - Phase I. 4 Grant of Easement to Rancho California Water District RECOMMENDATION: 4.1 Approve Grant of Easement within the Rancho California Sports Park to the Rancho California Water District for maintenance purposes. 21ageride/120882 10 12/02/12 PUBLIC HEARING 5 Park Site on Pala Road Proiect RECOMMENDATION: 5.1 Adopt Negative Declaration for Park Site on Pala Road Project; 5.2 Approve the master plan of the Park Site on Pala Road; 5.3 Authorize the preparation of construction documents and release a formal public bid for the Park Site'on Pala Road Project. DISTRICT BUSINESS 6 Election of President At this time the President will entertain motions from the members of the Board of Directors to select the President to preside until the end of calendar year 1993. 7 Election of Vice President ' At this time the President will entertain motions from the members of the Board of Directors to select the Vice President who will assume the duties of the President in the President's absence and who will 'hold this office until the end of calendar year 1993. 8 Community Recreation Center (CRC) Project Phase II RECOMMENDATION: 8.1 Approve the plans and specifications and award construction contract of $4,306,400 to T. B. Penick & Sons, Inc.. for Phase II of the Community Recreation Center (CRC) Project. 9 Naming of Park Site on Pala Road RECOMMENDATION: 9.1 Consider, and if desired, approve a name for the park site on Pala Road. 2/ageride/120892 11 12/02/12 GENERAL MANAGERS REPORT - Dixon DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next regular meeting: December 22, 1992, 8:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California 2/egee'de/120112 12 I ,?jo3/e2 CALL TO ORDER: Chairperson J. Sal Mu~oz presiding ROLL CALL: AGENCY MEMBERS: Birdsall, Parks, Roberts, Stone, Mur~oz PUBLIC COMMENT: CONSENT CALENDAR 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. I Minutes RECOMMENDATION: 1.1 Approve the minutes of November 24, 1992. 2 Redevelooment Aoencv Annual Financial and Comoliance Reoort for the Fiscal Year Ended June 30. 1992 RECOMMENDATION: 2.1 Approve the Redevelopment Agency's Annual Financial and Compliance Report for the Fiscal Year Ended June 30, 1992. AGENCY BUSINESS 3 4 Election of Chairperson At this time the Chairman will entertain motions from the members of the Agency to select the Chairperson to preside until the end of calendar year 1993. Election of Vice Chairoerson At this time the Chairman will entertain motions from the members of the Agency to select the Vice Chairperson who will assume the duties of the Chairperson in his/her absence and who will hold this office until the end of calendar year 1993. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT: Next regular meeting: December 22, 1992, 8:00 PM, Temecula Community Center, 28816 Pujol Street, Tamecula, California 21ageride/120112 13 12/02/~2 P'ROCLAMATIONS The City of Temecula PROCLAMATION WHEREAS, the City of Temecula wishes to ring in the Holiday Season in a bright and festive manner, and; 'WHEREAS, the City's Community Services DeparUnent will join with I-aMasters of Fine Jewelry, Toyota of Temecula Valley and the Californian in sponsoring "Holiday Lights and Festive Sights", an outdoor lighting and decoration contest in the City, and; WHEREAS, the merchants in Old Town Temecula, the four major shopping centers and many of the smaller shopping areas within the City will be participating in this colorful event, and; WHEREAS, the merchants will provide free family style entertainment and special events as well as the convenience of remaining open until 10:00 PM on the evening of December 15, 1992, during the preliminary judging of the Holiday Lights and Festive Sights contest, and; WHEREAS, the Temeeula Valley Chamber of Commerce joins with the City in encouraging Temeculans to enjoy a leisurely shopping experience and the beauty of the community during this festive holiday program; NOW, THEREFORE, I, Patricia H. Birdsall, on behalf of the City Council of the City of Temecula, hereby proclaim December 15, 1992 to be "FAMILY NIGHT OUT IN TEMECULA" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 8th day of December, 1992. Patricia H. Birdsall, Mayor June S. Greek, City Clerk ITEM NO. 1 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: City Manager DATE: December 8, 1992 SUBJECT: Election of Mayor PREPARED BY: June S. Greek, City Clerk RECOMMENDATION: The Mayor will entertain motions from the City Councilmembers to select the Mayor to preside until the end of calendar year 1993. BACKGROUND: The City Council selects a member to serve as Mayor annually. This office is assumed at the first meeting of the City Council in January and the newly elected Mayor presides through the calendar year of 1992. ITEM NO. 2 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: City Manager DATE: December 8, 1992 SUBJECT: Election of Mayor Pro Tempore PREPARED BY: June S. Greek, City Clerk RECOMMENDATION: The Mayor will entertain motions from the City Councilmembers to select the Mayor Pro Tempore who will assume the duties of the Mayor in the Mayor's absence and 'will hold this office until the end of calendar year 1993. BACKGROUND: The City Council selects a member to serve as Mayor Pro Tempore annually. This office is assumed at the first meeting of the City Council in January and the newly elected Mayor Pro Tempore presides through the calendar year of 1992. ITEM NO. 3 ITEM NO., 4 A JOINT MEETING OF THE CITY OF TEMECULA CITY COUNCIL AND CITY OF TEMECULA PLANNING COMMISSION WEDNESDAY, NOVEMBER 18, 1992 A joint meeting of the City of Temecula City Council and Planning Commission was called to order Wednesday, November 18, 1992, 6:35 P.M., Temecula City Hall Main Conference Room, 43174 Business Park Drive, Temecula, California. Mayor Patricia Ho Birdsall presiding. Mayor Pro Tem Karel Lindemans led the flag salute. PRESENT: 2 ABSENT: 3 PRESENT: 3 ABSENT: 2 COUNCILMEMBERS: COUNCILMEMBERS: COMMISSIONERS: COMMISSIONERS: Birdsall, Lindemans .Moore, Muf~oz, Parks Blair, Chiniaeff, Hoagland Fahey, Ford Also present were City Manager David F. Dixon, City Clerk June S. Greek, Senior Planner John Meyer, and Minute Clerk Gail Zigler. · Mayor .Pro Tem Lindemans indicated that he had a potential conflict of interest and excused himself at 6:40 P.M. Chairman Linda Fahey arrived at 6:40 P.M. PRESENTATIONS/ PROCLAMATIONS None PUBLIC COMMENTS Anne Greenstone, 31051 Pauba Road, Temecula, representing the Old 'l:own Temecula Gunfighters Association, expressed 'the clubs support of the "Shoot Out Zone" being developed. Ms. Greenstone stated the area would be ideal for staging both local and national events. COUNCIL BUSINESS 1. Introduction John Meyer provided an overview of the Committee. progress by the Old Town Steering JCCPCMIN11118192 -1- 11130/92 JOINT CITY COUNCIL/PLANNING COMMISSION MINUTES Councilmember Parks arrived at 6:45 P.M. NOVEMBER 18, 1992 Discussion of Preferred Land Use Plan Mark Brodeur, of the Urban Design Studio, provided an overview of the Old Town Specific Plan process, the proposed Land Use District maps and the Old Town Development Conceptual Plan. Commissioner Chiniaeff expressed concern about the back-up of traffic on Main Street which would occur if people drive down to the parking area, realize it is full and attempt to get back out. Commissioner Chiniaeff suggested there be an outlet at the end of Main Street near the parking area. Discussion of Circulation Alternatives John Kain of Robert Kahn and John Kain Associates. provided an overview of the CirculatiOn Options. After discussion, the overal! consensus of the Councilmembers and Commissioners was to eliminate Circulation Option 2. The Next SteD and Future Meetings John Meyer advised that the Circulation Alternatives will be presented to the Traffic and Transportation Commission on December 2.1992 and the Land Use Element to Parks and Recreation on December 14, 1992. Staff will hold an Open House on December 5, 1992 in Old Town to give the various shop owners an opportunity to come in and review the plans. Councilmember Parks questioned how the plan deals with the edge Of the creek. Mark Brodeur stated the majority of the buildings will face Main Street, however some will overlook the creek and will be enhanced with a riparian open space area. CITY MANAGER'S REPORT None CITY COUNCIL REPORTS None JCCPCMIN11 I18192 -2- 11130192 JOINT CITY COUNCIL/PLANNING COMMISSION MINUTES NOVEMBER 18, 1992 PLANNING COMMISSION REPORTS None ADJOURNMENT Councilmember Parks moved to adjourn at 7:50 P.M. to the regular City Council meeting of November 24, 1992. It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to adjourn at 7:50 P.M. to the regular Planning Commission meeting of November 23, 1992. ATTEST: Mayor Patricia H.' Birdsall June S. Greek, City Clerk JCCPCMIN1111 8182 -3- 1 II30192 ITEM NO. 5 RESOLUTION NO. 92- A RESOLIYrION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EX/-IIRIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A have been audited by the City Manager, and that the same are hereby allowed in the amount of $951,612.31 Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 8th day of December, 1992. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, City Clerk [SEAL] R=sos 288 STATE OF CALIFORNIA) COUNTY OF PjVERSIDE) SS crrY OF TEMF, C~) I, June S. Greek, City Clerk of the City of Temecula, I41~.ny 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 8th day of December, 1992 by the following roll call vote: AYES: 0 NOES: 0 ABSENT: 0 COUNCILM1~-MBERS: None COUNC~ERS: None COUNCIl,MEMBERS: None June S. ~, City Clerk 288 CITY OF TEMECULA LIST OF DEMANDS 11/20/92 TOTAL CHECK RUN: 11/25/92 TOTAL CHECK RUN: 11/30/92 TOTAL CHECK RUN: 12/06/92 TOTAL CHECK RUN: 11 I18/92 PAYROLL: TOTAL LIST OF DEMANDS FOR 12/(Ij92 COUNCIL MEETING: $71,627.98 $12,742.21 $3,400.00 rr/3,329.43 $30,512.69 $i151,612~1 DISBURSEMENTS BY FUND: CHECKS: 001 100 190 191 192 193 210 280 0 32O GENERAL GAS TAX FUND TCSD TC~D ZONE A TCSD ZONE B TCBD ZONE C CAPITAL IMPROVEMENT PROJ. FUND REDEVELOPMENT AGENCY-CIP INSURANCE FUND VEHICLE FUND INFORMATIONS SYSTEMS COPY CENTER FUND PAYROLL: 001 100 190 191 192 193 300 320 330 GENERAL (PAYROLL) GAS TAX FUND (PAYROLL) TCSD (PAYROLL) TCSD ZONE A (PAYROLL) TCSD ZONE B (PAYROLL) TCSD ZONE C (PAYROLL) INSURANCE FUND INFORMATION SYSTEM8 (PAYROLL) COPY CENTER FUND (PAYROLL) lli4,462. 14 $82,615.73 149,422.81 15,272.65 $74.78 $3Q,eso. le 8338.162.22 $1 J77.45 $4.~.o.4 $327.36 5,374,43 $10,170.38 $15,530.67 $,460.47 $1.539.40 $558.~ S899.76 $1,278.75 860,512.68 TOTAL BY FUND: 1151,612.31 PREPARED BY MICHELLE LARBON uAVE DIXON, CITY MANAGER THE FOLLOWING IS TRUE AND CORRECT. . HEREBY CERTIFY THAT THE FOLLOVeqNG IS TI:IUE AND CORRECT. VOUCHRE2 11/20/92 14:49 CITY OF TEHEClJLA VOUCHER/CHECK REGISTER FOR ALL PERIODS FOND TITLE 001 GENERAL FUND 100 GAS TAX FUND 1~0 C(II4UNZTY SERVICES DISTRICT 191 TCSD ZONE A 192 TCSD ZONE e 193 TCSD ZONE C 300 INSURANCE FOND 310 VEHICLES FUND 320 ]NFORI4ATION SYSTENS 330 COPY CENTER FUND TOTAL AHOUNT 37,~7.15 5,350.~ 19,705.~ 4,386.~ ~.~ 2,1~.10 2~.55 35.05 327.36 71,627.~8 14:49 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER CHECK DATE VEIl)OR NU!IER VENDOR NAME ITEM DESCRZPTZON ACCOUNT' NUMBER ITEM AMOUNT CHECK AMOUNT 13267 · 313/~8 313448 313448 313448 313448 3134~8 313448 313448 .313z~8 313z~,8 313448 313448 313448 31~8 31~ 313~8 31~8 395377 39r"'- 39~,,, / 395377 395377 395377 395377 395377 395377 395377 395377 395377 395377 3953?? 3953?? 3953?? 3953?? 13271 13272 13273 13274 13275 13276 11/13/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/19/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 000~12 00028~ 000283 000283 000283 00028~ 00028;3 000283 000283 00028~ 000283 000283 000283 00028~ 000283 000283 000283 00028~ 000444 00()4~ 000~ 0004~ 0004~ 000/:~ 000~44 0004~ 00044~ 0004~ 000444 0004~4 0004~ 000444 000444 WILLIANS, KAY SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATIOR SECURITY PACIFIC NATION SECURITY PACIFIC NATIOR SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NAT]OR SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION 80~ OF CONTRACT/NODELIN 000283 FICA/NED 000283 FICA/NED O002IG FIr. A/NED 000283 FICA/NED 000283 FIr. A/NED 000283 FIr. A/NED 000283 FIr. A/NED 000283 FICA/MED 000283 FICA/NED 000283 USIT 00028~ USIT 00028~ USIT 000283 USIT 00028~ USIT 000283 USIT 000283 USIT 000283 USIT EMPLOYMENT DEVELOPMENT ~ CAIT EMPLOYMENT DEVELOPIqENT 000444 CAIT EMPLOYMENT DEVELOPMENT O~ CAIT EMPLOYMENT DEVELOPMENT 00044~, CAIT EMPLOYMENT DEVELOP~ENT 000444 CAIT EMPLOYMENT DEVELOPIENT 00044/, CAIT EMPLOYMENT DEVELOPMENT 000444 CAIT EMPLOYMENT DEVELOP~ENT 0{)044~ CAIT EMPLOYMENT DEVELOPMENT 00044/, SD! EMPLOYMENT DEVELOPMENT 000~-~ SD l EMPLOYMENT' DEVELOPMENT 000444 SDI EMPLOYMENT DEVELOPMENT 00044,(, EMPLOYMENT DEVELOPMENT 000~ EMPLOYMENT DEVELOPMENT 000444 EMPLOYMENT DEVELOP~ENT 000444 SD! EMPLOYMENT DEVELOPMENT OOO~ EMPLOYMENT DEVELOPtENT BROWN, MARY BETH SHITH, NAN CISSELL, RORY AMES, CHRIST[HA ANDERSON, DAVID HERRERA, VERA CONSTRUCTION ELECTRONIC REFUND/CLASS CANCELLED REFUND FOR HALF SESSON REFUND FOR SPONGE PAINT REFUND/C AMES & K. glLH REFUND SPONGE PAINTING REFUND QUILTING CLASS C REFUND OF CRC PLAN OVER 190-183-817-5300 001-2070 100-2070 190-20~0 191-2070 192-Z070 193-2070 300-2070 320-2070 330-2070 001-2070 100-2070 190-2070 191-2070 193-2070 300-2070 320-2070 330-2070 001-2070 100-2070 190-2070 191-2070 19S-2070 300-~070 320-2070 330-2070 001-2070 100-2070 190-2070 191-2070 192-2070 193-2070 300-2070 320-2070 330-2070 1~0-183-4~0 190-18~-4809 190-183-48~8 1~0-1834848 190-18~-48~8 190-183-4827 001-199-4060 1,040.00 2,099.88 367.96 543.6& 17.54 18.62 54.18 19.19 37.30 40.08 8,882.21 1,667.31 2,029.12 100.55 231.18 208.34 57.25 2,101.35 353.73 426.76 27.09 47.33 15.90 43.57 8.32 488.08 56.79 147.15 7.56 8.02 23.35 3.22 16.08 17.27 27.00 65.00 15.00 30.00 15.00 55.00 10.00 1,040.00 16,446.66 3,791.57 27. O0 65.00 15.00 30. O0 15.00 55.00 10.00 VOUCHRE2 11/20/~2 14:49 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUI46ER 1327'8 1327V 13280 13281 13281 13282 13282 13282 13282 13282 13282 13283 132~ 13285 13286 13286 13286 13286 13287 13287 13287 13287 13287 13287 13287 13287 13287 13287 13287 13287 13287 13287 13287 13287 13287 13287 13287 13287 13287 13281 13287 13287 CHECK VENDOR VENDOR DATE NUI4BER BANE 11/20/92 11/20/92 11/20/92 11/20/92 11/20/9Z 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11120192 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/~2 11/20/92 11/20/92 11/20/92 11/20/92 11/20/~2 11/20/~2 11/20/92 00.0100 ANDERSOR, JIHNI FLORES, RUSTZCA ALLIED BARRICADE CONPAN 000114 AT & T 000114 AT & T 000127 CALIFORNIAN 000127 CALIFORNIAN 000127 CALIFORNIAN 000127 CAL/FORNIAN 000127 CALIFORNIAN 000127 CALIFORNIAN .00014& COUNTS UNLINITED 000155 DAVLIN 000165 FEDERAL EXPRESS 000174 GET PAGED 000174 GET PAGED 00017/* GET PACED 00017/* GET PAGED 000177 GLENNIES OFFICE PRODUCT 000177 GLENNIES OFFICE PRODUCT 000177 GLENHIES OFFICE PRODUCT 000177 GLENHIES OFFICE PRODUCT 000177 GLENHIES OFFICE PRODUCT 000177 GLENN]IS OFFICE PRODUCT 000177 GLENHIES OFFICE PRODUCT 000177 GLENHIES OFFICE PRODUCT 000177 GLENHIES OFFICE PRODUCT 000177 GLENHIES OFFICE PRODUCT 000177 GLENHIES OFFICE PRODUCT 000177' GLENHIES OFFICE PRODUCT 000177 GLENBIES OFFICE PRODUCT 000177 GLENHIES OFFICE PROOUCT 000177 GLENNIES OFFICE PRODUCT 000177 GLENN]IS OFFICE PROOUCT 000177 GLENIdlES OFFICE PRODUCT 000177 GLENHIES OFFICE PRODUCT 000177 GLENHIES OFFICE PRODUCT 0001.77 GLENHIES OFFICE PRODUCT 000177 GLENHIES OFFICE PROOUCT 000177 GLENBIES OFFICE PRODUCT 000177 GLENNIES OFFICE PRODUCT 000177 GLENN]IS OFFICE PRODUCT ITEM ACCOUNT DESCRIPTION NUMBER REFUND gUILTING CLASS C 1~0-183-~827 REFUND OF CRAFT CLAss 190-183-4948 EHERGENCY SIGN SUPPLIES 100-164-~-52~4 619-~87-1828-O/UCTORER 001-140-~-5208 T520696034001/OCTORER B 320-1~J~j~-5208 OPEN PURCHASE ORDER FOR LEGAL ADVERTISING FY 92 OPEN PURCHASE ORDER FOR CONTRACT ORDER FOR THE HALLOVEEN ADS; OCT, 22, CONTRACT ORDER FOR THE 190-180-999-5228 001-120-999-5256 190-180-999-5228 001-161-999-5256 190-180-999-5254 001-161-999-5256 NINE (9) OIIE-D/RECTIONA 001-163-~-5250 AIJOIO/VIDEO PROD. NOV. 001-100-~;~-5250 ACCT.#1339-1107-3 001-110-~-52.38 PAGERS; PUBLIC MOltKS DE 8 PACERS; TCSD; 11.50/P PACER RENTAL FOR ORE YE RENTAL OF 3 PAGERS FOR 100-164-~-5238 1~)-180-9q~-5238 320-1~-~-5238 001-162-~-5238 YT-334CJ CARAFE ONLY TAX SUPPLY ORDER SUPPLY ORDER 5A-F2-/*152X2 BOx BOTTON DISCOUNT TAX C6'8835; 2 1/6' CALC. T 16-C0R59; 12 X 15 1/2" 143-COR57; 10 X 15" ENVE 16-COeS5; 9 1/2 X 12 1/ P)-10200; 3//*" B]NOER C F2-C13N; LETTER SIZE PE F2-150~; NtESSKIARD FO J/*-SKB-O0; HONTHLY NINO D3-6S3-YV; POST-iT; 11 001-100-~-5220 001-100-~-5220 001-150-~-5220 001-150-~-5220 001-162-~-5220 001-162-~-5220 001-162-~-5220' 001-14~0-~-5220 001-140-~-5220 001-140-~-5220 001-140-~-5220 001-14~0-~-5220 001-140-~-5220 001-140-~-5220 001-14~0-~-5220 001-14,0-~-5220 D3-654~-YW; POST-IT; 3X3 001-140-~-5220 01-UO-EVIIT; UIIITE OUT P2-72240; JUN80 PAPER C N9-4~711; NOTE PADS Kg-PR-T&; INK ROLLERS DISCOUNT TAX L5-7135; ADDRESS LABELS 001-160-999-5220 001-1/*0-999-5220 001-160-999-5220 001-14~0-999-5220 001-1~0-999-5220 001-140-999-5220 001-140-999-5220 ITEN NCOUNT 55.00 3.00 215.50 14.60 55.10 6.26 22.~& 55.36 32.52 165.50 142.83 450.00 900.28 15.25 ~4.00 88.00 11.00 55.00 69.&0 5.39 216.76 14.07- 21.45 5.35- 1.25 9.98 52. O0 37.60 5.90 41.25 22.68 5.50 14.~5 14.75 30. O0 6.24 18.65 8.50 36.75- 19.82 ~.20 CHECK N~UNT 55.00 3.00 215.50 69.70 422.~ 450. O0 900.28 198.00 14:49 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE VOUCHER/ CHECK NUMBER 13287 13287 13287 13287 13287 13287 13287 13287 13287 13288 13288 13288 13289 13289 132~0 13291 13293 13294 13294. 132~5 13296 13296 13297 13297 13297 13297 13297 13298 13299 1329~ 13299 132~9 132~9 13299 132~9 132~9 13,~ CHECK DATE 11/20/92 11/20/92 11/Z0/92 11/20/92 11120192 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11120192 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 VENDOR NUMBER 000177 000177 000177 000177 000177 000177 000177 000177 000177 000180 000180 000180 000184 000186 000186 000201 000206 000214 000218 000218 000219 000228 000228 000228 000228 000228 000243 000266 000266 000246 000266 000266 000246 0002~6 000266 000266 VENDOR GLENN]ES OFFICE PRODUCT GLENN]ES OFFICE PROI)UCT GLENNIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PROOUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GRAY BAR ELECTRIC GBAY BAR ELECTRIC GBAY BAR ELECTR]C GTE GTE. HANKS HARDWARE JENNACO KINKO'S COPIES LUNCH & STUFF CATER/NG HARILYN'S COFFEE SERVIC MAR]LYN'S COFFEE SERVIC HARTIN 1-HOUR PHOTO JOHN MCTIGHE & AS$OCIAT JOHN MCTIGHE & ASSOCIAT MOBIL MOBIL MOBIL MOBIL NOBIL PAYLESS DRUG STORE PERS ENPLOYEES' RET]REM PERS EMPLOYEES' RETIREM PER$ ENPLOYEES' RET[REM PERS ENPLOYEES' RETIREN PERS EHPLOYEES' RET]REM PERS EMPLOYEES/ RET]REM PERS EMPLOYEES' RETIREN PERS ENPLOYEES' RETIREN PERS ENPLOYEES' RETIREN PERS ENPLOYEES' RET]REM ITEM DESCRIPTIOH DISCOUNT TAX S/~3797 2TONE PASTEL LA 011353502 PINWHEEL II Y999655 GLUE STICK 1.41 H25474 HAIL & MEHO RACK DISCOUNT SALES TAX OPEN P.O. NiSC. iTEMS; 31-153 IDEAL FISH TAPE FREIGHT TAX 7146~2475/SEPT. 92 7168~86321 OCT. 92 MISC. CITY ACCOUNT TEEN CENTER JANI'TORIAL GENERAL PLAN XEROXING CATERING/OLD TOgN SPECF COFFEE SERVICE; CITY HA COFFEE SERVICE; CITY HA FILM DEVELOPING, PURCHA USER FEE COST RECOVERY PROFESSIONAL SERVICES T GAS CREDIT CARD/OCT/CN GAS CREDIT CARD/OCT/TCS GAS CREDIT CARD/OCT/PW GAS CREDIT CARD/OCT/PLA GAS CREDIT CARD/OCT/B&S FILM PROCESSING SERVICE 000246 PER REDE 000246 PER REDE 000246 PERS RET 0002~6 PERS RET 0002~6 PERS RET 000246 PERS RET 000246 PERS RET 0002/~ PERS RET 0002~6 PERS RET 000268 PERS RET ACCOUNT NUI!ER 001-160-999-5220 001-140-999-5220 001-120-999-5220 OD1-120-999-5220 001-120-999-5220 001-120-999-5220 001-120-999-5220 00~-120-999-5220 001-140-999-5220 320-199-999-5242 320-199-999-5242 320-199-999-5242 001-163-999-5240 320-199-999-5208 001-199-999-5242 190-182-999-5212 001-161-999-5220 001-100-999-5260 001-199-999-5250 001-199-999-5250 001-163-999-5250 001-140-999-5248 001-140-999-5248 001-110-999-5263 190-180-999-5263 100-166-999-5263 001-161-999-5262 001-162-999-5263 190-180-999-5250 001-2130 100-2130 001-2390 100-2390 190-2190 191-2390 193-2390 320-239O 330-239O ITEM AMOUNT 5.80- 1.35 5.95 20.28 19.50 7.48- 4.82 100.06 125.10 2.28 9.70 250.17 17.05 41.37 9.68 80.00 64.30 27.01 40.55 580.43 136.10 138.97 287.22 17.05 125.83 42.9~ 171.76 9,666.49 1,537.94 2,335.63 87.04 267.27 92.26 183.21 202.58 CHECK ANOUNT 756.43 137.08 267.22 41.37 400.00 9.4,8 80.00 91.31 40.55 723.63 703.15 6.W VOUCHRE2 11/20/92 1,6:,69 CITY OF TEHECULA VOUCHER/CHECK REGISTER FOg ALL PERIODS VOUCHER/ CHECK ~llER 132~ 13299 13299 132~9 132~9 132~9 13299 13300 13300 13300 13300 13300 13300 13300 13300 13300 13300 13300 13300 13300 13300 13300 13300 13300 13300 13301 13301 13301 13301 13302 13303 13303 13303 13303 13303 13303 13303 13304 13304 13305 13305 13305 13305 CHECK VENDOg VENDOg DATE IllER WARE 11/20/~2 ODO2`6& PERS 11/20/92 0002~6 PER$ 11/20/92 0002/,6 PERS 11/20/92 0002~6 PERS 11/20/92 0002~6 PERS 11/20/92 0002~6 PERS 11/20/92 0002~6 PERS 11/20/~2 000246 PER$ ]TEN DESCRZPTZOg EMPLOYEES, RETIREM 0002~ SURVIVOR EMPLOYEES, RETIREN 0002`66 SURVIVOR EMPLOYEES' BETlIEN 0002/,6 SURVIVOR ENPLOYEES, RETIREH 000246 SURVIVOR EMPLOYEES, RETIREM 0002/,6 SURVIVOR EMPLOYEES' RETIREH 00024~ SURVIVOR EMPLOYEES' RET]REM 00024~ SURVIVOR EMPLOYEES' RETIREM 000246 SURVIVO~ 11/20/92 000249 PETTY CASH 11/20/~2 0002`69 PETTY CASH 11/20/92 0002`69 PETTY CASH 11/20/92 000249 PETTY CASH 11/20/92 000249 PETTY CASH 11/20/92 0002`69 PETTY CASH 11/20/g2 000249 PETTY CASH 11/20/92 000249 PETTY CASH 11/20/92 0002,69 PETTY CASH 11/20/92 000249 PETTY CASH 11/20/92 0002`69 PETTY CASH 11/20/92 000249 PETTY CASH 11/20/92 0002`69 PETTY CASH 11/20/92 000249 PETTY CASH 11/20/92 000249 PETTY CASH 11/20/92 000249 PETTY CASH 11/20/92 0002`69 PETTY CASH 11/20/92 000249 PETTY CASH 11/20/92 000249 PETTY CASH 11/20/92 000253 POSTHASTER 11/20/92 000253 POSTMASTER 11/20/92 000253 POSTMASTER 11/20/92 000253 POSTMASTER 11/20/92 000254 PRESS ENTERPRISE 11/20/92 O002&O RAN-TEC RUBBER STAMP MF 11/20/92 O002&O PAN-TEC RUBBER STAle MF 11/20/92 OOO26O RAN-TEC RUBBER STNqP MF 11/20/92 000260 RAN-TEC RUBBER $TRRP MF 11120192 000260 RAN-TEC RUBBER STAMP MF 11/20/92 000260 RAN-TEC RUBBER STAMP MF 11/20/92 000260 RAN-TEC RUBBER STAHP MF 11/20/92 000261 PANCliO BLUEPRINT- 11/20/92 000261 PANCHO BLUEPRINT 11/20/92 000262 PANCHO MATER 11/20/92 000262 RANCNO MATER 11/20/92 000262 PANCHOMATER 11/20/92 000262 PANCHO ~ATER CASH REZMB./OCT. 92 CASH REII./OCT. 92 CASH REII./OCT. 92 CASH REINB./OCT. ~2 CASH REIMB./OCT. 92 CASH REIMB,/OCT. ~2 CASH RE]II./OCT. 92 CASH REIMB./OCT. 92 CASH REIMB.IOCT. 92 CASH REINB./OCT. 92 CASH REIII./OCT.'92 CASH REINB./OCT. 92 CASH REIll./OCT. ~2 CASH REINB./OCT. 92 CASH RE]MS./OCT. 92 CASH REIMB./OCT. 92 CASH REIN8./OCT. 92 CASH REIN8./OCT. 92 CASH REIMB./OCT. 92 EXPRESS NAIL EXPRESS NAIL EXPRESS NAIL EXPRESS NAIL OPEN ACCOUNT FOg JOg NN4EPLATE INSERTS AS FO RON ROgERTS; 11/6" COUNCZLNEMBER; 1" JEFF STONE; 1 COUNC/LHEHBER; 1" TAX TAX OPEN P.O. BLUEPRINTING MISC. BLUEPRINTS, ETC. 0102063500/08117-0~10~ · 01020635OD/0~/0f-10/08 '0102(t3600/0~/09-10/08 0102,650002/'0~/0~-10/08 ACCOUNT NLIEER 001-23~0 100-23~0 1~0-23~0 · 191-23~0 lf3-23~0 ~-~ 320-~ ~0-~ 1~0-183-800-53OD 190-180-999-5300 190-183-819-5300 lf0-183-9`61-5300 190-180-999-5260 1~0-180-~-5230 lf0-180-~-5250 001 - 1 lO-f~- 5220 001-1,60-f~-5220 001 - 150-~-5260 O01 - 120 - ~ - 5220 001 - 162-~;~-5263 001 - 163-~-5220 001-162-~-5220 001 - 163-f~-5230 001-110-~-5262 001 - 110 - ~-5220 001 - 1~0-~-5260 320-1~-~-5220 001-120-~-5230 001-1,60-~-5230 001-161-999-5730 1~0-180-~-5230 001-150-~-525,6 001-110-~-5220 001-100-~-5220 001-100-~-5220 001-100-~-5220 001-100-~X~-5220 001-100-~-5220 001-110-~-5E0 1~0-180-999-5268 001-163-~-52~8 1~0-180-~-52,60 1~0-180-~-5260 1fO-180-f~-52,60 lfO- 180-~-52,60 ITEM NI)UNT 66.91 7.65 13.02 .42 1.64 .93 1.86 5.82 7~.05 61.58 36.~ 17.~ 42.87 20.61 2.69 _129.,69 17,~ 5,00 2.~ 7.90 19.40 3.21 11.69 9.05 61.75 23.90 55.75 134.78 6.00 6.00 6.00 6.00 6.00 1.87 18.32 3.55 75.57 1,275.04 I 471 .~8 CHECK AROUNT 14,659.80 511.~ '151.35 134.78 32.33 21.87 ;1.OL~;~ CITY OF TEMECULA 14:49 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR, ITEM ACCOUNT NUMBER DATE NLIIBER MANE DESCRIPTION NLINBER ITEM ANOUNT CHECK AMOUNT 13305 11/20/92 000262 RANCHO MATER 010~01069Z/09/10-10/12 19~-180-999-52/d) 13305 11/20/92 000262 RANCHO WATER 010/d)10802/09/10-10/12 193-180-999-52/.0 13305 11/20/92 000262 RANCHO WATER 010~0~0151/09/10-10/12 191-180-999-5510 15305 11/20/92 000262 RANCHO WATER 010~145110/09/10-10/12 191-180-999-5510 13305 11/20/92 000262 IL~NCHO MATER 0104620002/09/10-10/12 193-180-999-5240 13305 11/20/92 000262 RANCNO WATER 010~630852/09/10-10/12 193-180-999-5240 13305 11/20/92 000262 RANCHO WATER 0106272003/09/11-10/13 191-180-999-5510 13305 11/20/92 000262 RANCliO WATER 0106279002/09/11-10/13 190-180-999-52/.0 13305 11/20/92 000262 RANCHO WATER 0107600092/09/~4-10/13 193-180-999-52/,0 13305 11/20/92 000262 RANCliO MATER 0107600771/09/14-10/13 190-180-999-52/.0 13305 11/20/92 000262 RANCNO MATER 0107600781/09/14-10/13 190-180-999-5240 13305 11/20/92 000262 RANCNO WATER 0107700732/09/1/*-10/13 193-180-999-5240 13305 11/20/92 000262 RANCHO WATER 011~B000012/09/14-10/14 193-180-999-5240 13305 11/20/92 000262 RANCliO MATER 0108001511/09/14-10/1/* 193-180-999-5240 13305 11/20/92 000262 R~CHO MATER 0124018971/08/24-09/22 193-180-999-52/.0 13305 11/20/92 000262 RANCNO WATER 012/*039911/08/24-09/22 193-180-999-52/*0 13306 11/20/92 O002&& RIGHTWAY TOILETS FOR HAUNTED HOU 190-183-9~1-5300 13306 11/20/92 000266 RIGHTWAY TAX 190-183-941-5300 13306 11/20/92 000266 RIGHTWAY 4 PORTABLE TOILETS; SPO 1~)-180-~)9-5238 16 ./.7 31.10 60.95 50.11 113.11 135.52 106.28 100.92 233.10 312.14 280.32 27.53 609.36 18.76 86.01 122.51 112.00 f.55 229.55 5,798.94 343.10 1r''7 11/20/92 000282 SCNAF MEMBERSHIP DUES FOR 199 190-1'80-999-5226 1. / 11/20/92 000282 SCNAF NEliERSHIP DUES FOR 199 190-180-999-5226 13307 11/20/92 000282 SC]iAF NENBERSHIP DUES FOR 199 190-180-9~9-5226 13307 11/Z0/92 000282 SC3iAF MEMBERSHTP DUES FOR 199 190-180-999-52Z6 15.00 15.00 15.00 15.00 60.00 13308 11/20/92 000291 SPEE DEE OIL CHANGE & T REPAIR & NAINTENANCE;VE 310-16~-999-5214 35.05 35.05 13309 11/20/92 000302 SYSTEM SOURCE Z BRACKETS FOR VAL'S O 001-161-999-5Z20 13309 11/20/92 000302 SYSTEM SOURCE TAX 001-161-999-5220 25.00 1.93 26.93 13310 11/20/92 000306 TEMECULA VALLEY PIPE RAINBIRD RETRO - 1800 191-180-999-5510 13310 11/20/92 000306 TENECULA VALLEY PiPE HARD[E .720 X .630 DURA 191-180-999-5510 13310 11/20/92 000306 TEMEOULA VALLEY PIPE E-2 EMITTER 1GPH EA. 191-180-999~5510 13310 11/20/92 000306 TE~CIJLA VALLEY PIPE NqES 0014 RAI( #18-826 191-180-999-5510 13310 11/20/92 000306 TEIqECULA VALLEY PIPE E-2 EMITTER PUNCN/INSTA 191-180-999-5510 13310 11/20/92 008306 TENEOULA VALLEY PiPE DRIP CONP. ELL X 1/2': F 191-180-999-5510 13310 11/20/92 000306 TENECIJLA VALLEY PIPE DRIP END CLOSER FIG 8 191-180-999-5510 13310 11/20/92 000306 TENEOULA VALLEY PiPE DRIP CONP TEE 191-180-999-5510 13310 11/20/92 000306 TENEOULA VALLEY PIPE TAX 191-180-999-5510 13310 11/20/92 000306 TENEOULA VALLEY PIPE OPEN P.O. NISC. ]TENS; 190-180-999-5212 143;10 31.61 62.40 27.14 6.00 8.77 2.78 4.64 22.20 32.77 13311 11/20/92 000307 TENEOULA TROPHY 3/8 X 3 1/2; SATIN BRAS 001-100-999-5220 13311 11/20/92 OO0307 TEN~CULA TROPHY 2 X 4 NOTCHED SATIN BRA 001-100-999-5220 13311 11/20/92 000307 TENEOULA TROPHY TAX 001-100-999-5220 13312 11/20/92 000325 UNITED MAY OF THE ]NLAN 000325 IN 081-2120 13312 11/20/92 000325 UNITED MAY OF THE INLAM 000325 IN 100-2120 13312 11/20/92 000325' UNITED MAY OF THE ZNLAN 000325 IN 190-2120 13~.~ 11/20/92 000325 UNITED MAY OF THE INLAN 080325 IN 300-2120 103.25 50.50 11.92 67.76 8.00 14.00 1.24 165.67 91.00 VOUCHRE2 11/20/92 14:69 VOUCHER/ CHECK CHECK VENDOR VENDOR NUHBER DATE NLI~R MANE 13313 11/20/92 0003~6 UNITIX; RENTAL 13313 11/20/~2 00032~ UNITOR RENTAL 13313 11/20/92 000326 UNITOR RENTAL 13314 11/20192 000331 VALLEY MICRO 1~314 11/20/92 000,~1 VALLEY MICRO 13314 11/20/92 000331 VALLEY MICRO 1~314 11/20/92 000331 VALLEY MICRO 13315 11/20192 000360 GREEK, HAROLD F. SERVICE SERVICE SERVICE 13316 11/20/92 000373 SEOURZTY PACZFZC NATION 13317 11/20/92 000,$74 SOUTHERN CALIF EDISON 13317 11/20/92 00037/, SOUTHERN CALIF EDISON 13317. 11/20/92 000374 SOUTHERN CAL]F EDISON 13317 11/20/92 000374 SOUTHERN CALZF EDISON 13317 11/20/92 OOO374 SOUTHERN CALZF EDISON 13317 11/20/92 000374 SOUTHERN CAL]F EDISON 13317 11/20/92 000374 SOUTHERN CALIF EDISON 13317 11/20/92 0O0374 SOUTHERN CALIF EDISON 13317 11/20/92 000374 SOUTHERN CALZ~ EDISON 13317 11/20/92 000374 SOUTHERN CALIF EDISON 13317 11/20/92 000374 SOUTHERN CAL]F EDISON 13317 11/20/92 00037~ SOUTHERN CALIF 13317 11/20/92 00O374 SOUTHERN CALIF EDISON 13317 11/20/92 000374 SOUTHERN CAL]F EDISON 13317 '11/20/92 000374 SOUTHERN CALIF EDISON 13317 11/20/92 000374 SOUTHERN CALIF EDISON 13317 11/20/92 000374 SOUTHERN CALIF EDISON 1~317 11/20/92 000374 SOUTHERN CALIF EDISON 13317 11/20/92 000~74 SOUTHERN CAL]F EDISON 13317 11/20/92 00037~ SOUTHERN CALIF EDISON 13317 11/20/92 0O0374 SIXITHERN CALIF EDISON 13317 11/20/92 000~74 SOUTHERN CALIF EDISON 13317 11/20/92 000374 SOUTHERN CALIF EDISON 13317 11/20/92 000374 SOUTHERN CALIF EDISON 13317 11/20/92 00037~ SOUTHERN CALIF EDISON 13317 11/20/92 000374 SOUTHERN CALIF EDISON 13317 11/20/92 000374 SOUTHERN CAL]F EDISON 13317 11/20/92 00037~ SOUTHERN CALIF ED]$ON 13317 11/20/92 000374 SOUTHERN CALIF EDISON 13317 11/20/92 000374 SOUTHERN CALIF EDISON 13317 11/20/~2 000374 SOUTHERN CALIF EDISON 13317 11/20/92 000374 SOUTHERN CALIF EDISON 13317 11/20/92 00037~ SOUTHERN CAL]F EDISON 13317 11/20/92 000374 SOUTHERN CALIF EDISON 13317 ~1120192 000374 SOUTHERN CAL]F EDISON 13317 11/20/~2 000574 SQJTRERN CALIF EDISON 13317 11/20/92 00037~ SOUTHERN CALIF EDISON 13317 11/20/92 000374 SOUTHERN CAL]F EDISON CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM ACCOUNT ITEM DESCRIPTION NUMBER AIOUNT 2-SETS OF UNIFORMS; CLE RENTAL OF UNIFORMS AND RENTAL OF UNIFORMS AND 100-16~-999-5243 190-180-999-5243 190-180-999-5243 REPAIR KFC NONITOR 2900 320-199-~-5215 KEYBOARD 101-KEY 320-1~9-999-5221 C0 RON C~DY 320-199-~-5221 TAX 320-109-f~-5221 AMENDMENT TO CONTRACT 0 190-180-999-5250 CHECKING CHARGES/SEPT .001-199-999-5232 5177905010102/ 5177905081202/ 517'/905180201/ 5177905579602/ 51T/V05900102/ 51T/V05~O0102/ 5277796081602/ 5377800140102/ 5377806181103/ 5377813015302/ 5377813112003/ 5377813210~01/ 5377813320102/ 537785000~002/ 5377850930101/ 54T/807761402/ 5477807762602/ 5477828010202/ 5477828200202/ 54778286A0602/ 5477828~50302/ 5477878650502/ 5577126050002/ 5577126754304/ 5577126790103/ 607741107.5503/ 6677405067702/ 6677403104002/ 6677586805701/ 66T/586805901/ 6677584806301/ 6677584806501/ 6677584806702/ 66T/'584806901/ 6677586807102/ 6677586808501/ 6677585090002/ 66/7795015001/ 09/25-10 191-180-999-5510 09/25-10 193-180-~-5240 09/25-10 191-180-999-5500 09/25-10 1~3-180-999-5240 JULY 92 191-180-999-5500 09/25-10 191-180-999-5500 09/28-10 191-180-999-5500 09/29-10 191-180-999-5500 09/30-10 190-180-999-5240 09/29-10 191-180-999-5500 09/29-10 190-180-999-5240 09/29-10 109-180-999-5240 09/29-10 191-180-999-5500 09/29-10 191-180-999-5500 09/29-10 191-180-999-5500 09/30-10 193-180-999-5240 09/30-10 193-180-999-5240 09/30-11 193-180-999-5240 09/30-11 193-180-999-5240 09/30-11 193-180-999-5260 09/30-11 193-180-999-5240 09/30-11 193-180-999-5240 10/01-11 190-180-999-5240 10/01-11 193-180-999-5240 10/01-11 193-180-999-5240 09/09-10 193-180-999-5240 09/17-10 191-180-999-5240 09/17-10 191-180-999-5240 09/16-10 001-109-999-5240 09/16-10 001-109-999-5240 09/16-10 001-109-999-5240 09/16-10 001-109-999-5240 09/16-10 001-109-999-5240 09/16-10 001-109-999-5240 09/16-10 001-109-999-5240 09/16-10 001-109-999-524.0 09/17-10 191-180-999-5500 08/19-10 191-180-999-5500 12.50 13.60 13.60 35.00 258.00 19.90 21.54 680.00 128.61 48.08 13.20 53.26 13.20 179.57 198.6/, 202.07 226.96 12.40 173.29 1,718.19 1,380.15 145.13 1~.47 12.88 12.40 13 13.20 18.77 13.20 13.20 13.20 13.20 13.32 12.07. 170.61 1,155.93 81.18 352.76 354.20 160.14 113.07 559.52 146.78 249.41 CHECK AMOUNT 39.?0 334.44 680.00 128.61 14:49 CITY OF TENECULA VOUCHER/CHECK REGISTER FOG ALL PERIODS PAGE VOUCHER/ CHECK NtNBER 13317 13317 13317 13317 13317 13317 13317 13317 13317 13318 13318 13318 13318 13318 13318 13318 13318 13318 13318 13318 13319 13319 13320 13320 13320 13320 13321 13322 13323 13324 13325 13325 13326 13327 13327 13327 13327 13327 13/~ lZ CHECK DATE 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 11/20/92 VENDOG NUMBER 000374 000376 0003~ 000374 000374 00037~ 0003~ 000375 000375 000375 000375 000375 000375 000375 '000375 000375 000375 000375 000386 000386 000386 000389 000389 000389 000389 000601 000412 000426 000428 000446 000446 000459 000532 000532 000532 000532 000532 000532 000532 VENDOG NAME SOUTHERN CAL]F EDISON SOUTHERN CALXF EDISON SOUTHERN CAtIF EDISON SOUTHERN CALXF EDISON SOUTHERN CAL]F EDISON SOUTHERN CAL]F EDISON SOUTHERN CALZF SOUTHERN CAL[F SOUTHERN CALIF EDISON SOUTHERN CALZF TELEPHON SOUTHERN CAtIF TELEPHON SOUTHERN CAL[F TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALI F TELEPNOG SOUTHERN CALZF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CAL]F TELEPHON SOUTHERN CAL]F TELEPHON SOUTHERN CALI F TELEPHON LAN]ER VOICE PRODUCTS LAN]ER VOICE PRODUCTS LANIER VOICE PRODUCTS USCN USCH USCN USC~ LEON PERRAULT MATERIALS WILL]AMS, KAY RANCHO INDUSTRIAL SUPPL HOGIZON MATER ENHANCED COlNUNICATIONS ENHANCED COINUNICAT]OGS TUMBLE JUMBLE SECURITY PACIFIC NAT'L SECURITY PACIFIC NAT'L SECURITY PACIFIC NAT'L SECURITY PACIFIC NAT'L SECURITY PACIFIC HAT'L SECURITY PACIFIC NATAL SECURITY PACIFIC NAT'L ]TEN DESCRIPTION ACCOUNT NUMBER 66TI795015201/08/19-10 66Tr!95698603/09/17-10 6677795698805/09/17-10 66777956W004/09/17-10 66T/795846203/09/17-10 6677795991302/09/17-10 6Tr/863961402/09/18-10 6977678010702/09/22-10 6977678165102/09/22-10 714 - 287~840 - OCtrOBE R 7142874~/ OCT. 92 714-3231559/UCTOBER 71434.57418/OCT. 92 714X57421/OCT. 92 714-345 -7425/OCTOBER 714-3~9-3436-OCTOBER 714- )49- )&37/OCTOGER ?14-349-)438/OCTOBER 714-3~9-)~39/OCTOGER 714745855O/OCT. 92 191-180-999-5500 191-180-999-5240 191 - 180-999-5240 191 - 180-~-5240 191-180-999-5240 191-180-999-5500 191-180-999-5240 193-180-999-5240 191 - 180-999-5500 001 - 163- 999- 5208 190-180-999-5208 001-110-999-5208 190-180-999-5208 001 - 163-999-5208 001-110-999-5208 001-163-999-5208 001-161-999-5208 001 - 140- 999- 5208 001-120-999-5208 190-180-999-5208 MICROPHONES, ONNI MICROPHONE STANDS TAX 001-199-999-5242 001-199-999-5242 001-199-999-5242 000389 PT RETIR 001-2160 000389 PT RET[R 100-2160 000389 PT RETIR 190-2160 000389 PT RETIR 192-2160 EQUIPMENT RENTAL FOG CH 100-164-999-5238 80~OF CONTRACT CLASS/N 190-183-817-5300 OPEN P.O. MZSC. JANITOG 190-180-999-5212 ACCT eO2-1200/OCT & NOV 190-182-999-5240 240110 4TLT CIRCUIT CAR 320-199-999-5215 FREIGHT 320-199-~-5215 80~ PAYMENT OF CONTRACT 190-183-802-5300 OCT. 92 EXPENSES/D.D. OCT. EXPENSES/J.G. OCT. 92 EXPENSES/R.P. OCT. EXPENSES/P.B. OCT. 92 EXPENSES/K.L. OCT. 92 EXPENSES/ OCT. EXPENSES/ 001-110-999-5258 001-120-999-5258 001-100-999-5258 001-100-999-5258 001-100-999-5258 001-100-999-5258 001-100-999-5258 [TEN AMOUNT 241.75 218.80 231.87 69.48 170.62 201.10 12.80 184.40 170.10 38.68 39.89 92.54 49.47 63.99 42.56 6].25 71.81 39.78 53.76 150.00 30.00 13.95 335.26 120.00 162.78 48.14 500.00 160.00 18.08 133.55 9.00 686.62 315.51 381.55 326.23 549.67 439.36 608.90 CHECK AMOUNT 10,830.25 725.8~ 193.95 666.18 500. O0 160.00 18.08 133.55 VOUCHRE2 11/20/92 16:69 VOUCHER/ CHECK CHECK VENI)O~ NUMBER DATE NUMBER 13327 11/20/92 (X)Q532 153z? 11/20/92 ooo532 13.~28 11/20/92 0005~9 13329 11/20/92 000602 1332~ 11/20/92 000602 1:~2~ 11/20/92 000602 13330 11/20/92 000632 13331 11/20/92 000643 13331 11/Z0/92 000~3 13532 11/20/92 000672 13332 11/20/92 000672 13332 11/20/92.000672 · 13332 11/20/92 000672 13332 11/20/92 000672 13332 11/20/92 000672 1:~T~12 11/20/92 000672 13:532 11/20/92 000672 13332 11/20/92 000672 1:B32 11/20/92 000672 1:r$'$5 11/20/92 000685 153:$4 11/20/92 O006r/' 15335 11/20/92 O00e~8 13:B& 11/20/92 O00&~ 13337 11/20/92 000700 13338 11/20/92 000701 13339 11/20/92 000702 VENDOR NAME SECURITY PACIFIC NAT'L SECURITY PACIFIC EAT'L ASSOC OF BAY AREA GOVER DEAN'S PHOTO DEAN'S PHOTO DEAN'S PHOTO EL CHICANO FORTNER HARDVARE FORTNER HARDVARE GRAINGER GRAINGER GRAINGER GRAINGER GRAINGER GRAINGER GRA]NGER GRA Z NGER GRAINGER GRAINGER JOHNHIE-ON-THE-SPOT TOil AFFILIATION ASSOCt Sk/AR-LAI4 FLOHER SHOP CPOA ARTS COUNC]L, THE SHIPLEY, PAN CADDY GRAPHICS CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERZODS ITEM DESCRIPT]OR OCT. 92 EXPENSES OCT. 92 EXPENSES/T.S. REGZSTRATION-EROSION/SE NINOLTA 3000 CAMERA CASE TAX NOTICE ZNV/TING B/DS ~0 GAL - GALVANIZED STE TAX 3Z8~ SPEEDAIRE AIR 6~76 SPEEDAIRE PO~TAB 2Z010 SPEEDA]RE HEAVY 5X78& $PEEDAIRE SLOI~ 6X707 RIGHT ANGLE AIR 6Z036, $PEEDAIRE AIRLINE SPEEDAIRE SLEEVE TYPE C SPEEDAIRE PLUG 1/6' M FREIGHT TAX STEAM CLEAN CARPET AT H DUES/SISTER CITIES INTE FLO~ERS/B. BURON'S S1$T TUIT. iON/1Qg) LEGISLATIV HADRIGAL DINNER/GAL NUN REI!!B OF NAUIITED HME STAT SHEET FOR HOLIDAY ACCOUNT NUMBER 1~)- 180-9~-5260 001-18-~-5260 001-1~-~-52~8 190-180-999-5220 1~0-180-;-5220 190-180-999-5220 001-120-~-5256 1~0-180-~-5212 1~0-180-~-5212 1~0-180-~q~-5262 190-180-~-5262 1~0-180-~-5262 1 ~0-180- ~- 5262 1~0-180-~-5262 190-180-~-5262 1~0-180-~-5262 190-180-~-5262 1~0-180-~-5262 190-180-9~;~-5262 183-961-5300 001-100-;-5226 001-2170 001-170-;-5258 001-100-;-5260 · 190-183-961-53OD 190 - 183 - 939 - 5300 ITEM MqOUNT 34.9O 30.95 650.00 360.00 20.00 29.45 164.25 329.70 25.55 565. O0 76.06 22.~5 5.30 1.65 26.35 14.04. 5.66 26.50 56.20 220. O0 380. O0 37.27 390. O0 25.00 61.28 100.00 CHECK AMOUNT 3,373.69 650.00 40~. 45 166.25 355 777.51 220.00 380.00 37.27 390.OO 25.00 61 .Za 100.00 TOTAL CHECKS 71,627.98 15:35 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 COII4UNITY SERVICES DiSTRiCT 210 CAPITAL ]FFROVEHENT PROJ FUND 320 INFOR!4ATIUN SYSTEMS TOTAL Ali0UNT. 2,193.34 1~2.21 1,~45.21 5,7(~.00 3,175.45 12,742.21 VOUCHRE2 11/25/92 15:35 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NRHE 13356 11/25/92 000358 DIXON, DAVID F. 13357 11125192 000375 SOUTHERN CALIF TELEPHOM 13357 11125192 000375 SOUTHERN CALIF TELEPHON 13358 11/25/92 000513 SIMMONS, BECKY MCLEAN 13359 11/25/92 000532 SECURITY PACIFIC NAT#L 13:~0 11125192 000580 PHOTO MORK$ 13361 11/25/92 000583 RANClIO RUNNERS 13362 11/25/92 O00&03 CABLE & VZRELESS CONHUN 133&~ 11/25/92 000708 SOUTHERN CAL. ROOGERY 133~ 11t25/92 00070~ GOLD COAST HOTEL 13365 11/25/92 000712 FOP. D, $TEVEN J. CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION k/ESCON '92 CONFERENCE 7142924020/OCT. 92 7143456005/OCT. 92 HORDPERFECT TRAINING CR OCT. 92 EXPENSES FILM PROCESSING FOR FIR MESSENGER SERVICE; DAIL XCA8114361/OCT-NOV 92 SEMINAR/REG. FEE HOTEL ROCI!/]NVEST. SEMI REINBURSENENT/PASADERA TOTAL'CHECKS ACCOUNT NUHOER 001-110-~99-5258 190-180-999-5208 001 - 110-999-5208 320-199-999- 5250 001 - 140-~9-5258 001-171-~-5250 001 - 140-~-5210 320-1~j~-~-5208 001-170-~9~-5258 001-170-~-5258 001 - 161 -~-5258 ITEM AMOUNT 29.26 (~.10 2.39.63 850.00 741.33 31.33 135.00 1,621.69 150.00 120.00 301.56 CHECK ANOUNT 29.26 303.75 850.00 741.33 31.33 135.00 1,621.69 150.00 120.00 301.56 12,742.21 Votr-unE2 113 32 15:35 CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK HUMBER 133~, 133~5 13346 133~6 133/.6 13346 133~6 133~6 133~6 133~6 133/,7 13347 13347 13347 13347 13347 13347 13347 1~_ .~ 133~8 13349 13349 13349 13350 13351 13351 13351 13351 13351 13351 13351 13351 13351 13351 13352 13353 1335/, 1335/, 1335/, CHECK DATE 11/25/92 11/25/92 11/25/92 11/25/92 11/25/92 11/75/92 11/25/92 11/25/92 11/25/92 11/25/92 11/25/92 11/25/92 11/25/9Z 11/25/92 11/25/92 11/25/92 11/25/92 11/25/92 11/25/92 11/25192 11/25/92 11/25/92 11/25/92 11/25/92 11/25/92 11/25/92 11/25/92 11/25/92 11/25/92 11/25/92 11/25/92 11/25/92 11/25/92 11/25/92 11/25/92 11/25/92 11/25/92 11/25/92 11/25/~2 11/25/92 VENDOR NUIiER 000155 000170 000170 000170 000170 000170 000170 000170 000170 00017/, 00017/, 000174 00017/, 00017/, 00017/, 00017/, 00017/, 000177 000177 000180 000180 000180 000184 000209 000209 000209 000209 000209 000209 00020~ 000209 000209 000209 000217 000262 000266 000266 000266 0003/*8 VENDOR NAME CHILCOTT, DONNA H. DAVL[N FRANKLIN QUEST COMPANY FRANKLIN QUEST COMPANY FRANKLIN QUEST COHPANY FRANKLIN GUEST COHPANY FRANKLIN GUEST COI4PANY FRANKLIN QUEST COI4PANY FRANKLIN QUEST COleAMY FRANKLIN GUEST COMPANY GET PAGED GET PACED GET PAGED GET PACED GET PAGED GET PAGED CET PAGED GET PAGED GLENNIES OFFICE PRODUCT GLENN[ES OFFICE PRODUCT GRAY BAR ELECTRIC GRAY BAR ELECTRIC GRAY BAR ELECTRIC GTE L & M FERTILIZER L & M FERTiLiZER L & M FERT]L]ZER L & M FERTiLiZER L & M FERTILIZER L & M FERTILIZER L & M FERTILIZER L & M FERTILIZER L & M FERTILIZER L & N FERTILIZER HARGARITA OFFiCiALS ASS RANCHO MATER RIGHTMAY RiGHTIIY RIGHTMAY ZIGLER, GAIL iTEM DESCRIPTION REFUND/CRAFT CLASS PLANNING COHH./NOV.16, 9~1 JAN-DEC FILLERS 7755 NAVY SIHULATED BIN /,063 MH]TE L]NED PAGES FREIGHT TAX 7755 NAVY SIMULATED BiN FRE ] GH T TAX 2 PAGERS TRAFFIC POLICE 2 PAGERS TRAFFIC POLICE 2 PAGERS TRAFFIC POLICE PACERS; NOV, 92 8 PAGER$; NOV, 92 PAGER RENTAL/NOV, 92 PAGER/NOV, 92/HANGUSI 3 PAGERS/NOV, 92 ELDON .HOT FILE I] HAGAZ TAX FPP96A/,-ZSF SIENON FLEX FREIGHT TAX 71/.6992475/OCT. 92 OPEN P.O. NISC, PARTS; FS81AVRE STIHL/LINE TR! TAX AIR FILTER KIT SPARK PLUG OiL FILTER KIT FUEL FILTER CABLE LATCH TAX TOURNAMENT SOFTBALL/SEP INSTAL. METERS i LONA L PORTABLE TOILETS FOR F! 2 PORTABLE TOILETS; ZER PORTABLE TOILETS FOR F/ ANNIVERSARY RECEPTION ACCOUNT NUMBER 190-183-~.~50 001 - 161 -~99-5250 001-161-999-5220 001-161-999-5220 001-161-f99-5220 001-161-999-5220 001-161-~-5220 001-161-9~9-5220 001-161-~9~-5220 001-161-~f9-5220 001-170-9~9-52/.2 001-140-999-5250 100-164-~99-5238 100-164-~99-5238 190-180-999-5238 320-199-999-5238 100-164-999-5238 001-162-~99-5238 001-163-999-5220 001-163-~99-5220 320-199-999-5221 320-1~9-~-5221 320-199-~99-5221 001-163-~-5208 190-180-999-52/.2 190-180-999-52/.2 190-180-999-52/,2 190-180-999-52/.2 190-180-999-52/.2 190-180-999-52/.2 190-180-999-52/.2 190-180-999-52/.2 190-180-~9~-52/.2 190-180-999-52/.2 190-183-932-5300 210-190-134-5804 100-164-~9-5238 190-180-999-5238 100-164-999-5238 001-100-9~9-5260 ITEM AHOUNT 6.00 15/,.20 59.85 28. O0 16.50 9.50 8.82 28.00- 1.55- 2.29- 7.33 7.33 7.3/, 4/,.00 88.00 11.00 11.00 33.00 39,99 3.10 640. O0 3.16 /,9.60 21.95 192./.7 382.95 29.68 103.93 7.89 36.99 8./,0 16.68 7./,8 1/,.06 371.80 5,766.00 156.65 11/,.78 56.78- 87.50 CHECK AHOtJNT 6.00 15/,.20 90.85 209.00 /.3.09 692.76 21.95 800.53 371.80 5,766.00 21/,.65 87.50 VOUCHRE2 1 '1/)O/9Z 13:54 CITY OF TEHECULA VOUCHER/CHECK REGZSTER FOR ALL PERZODS PAGE 2 FUND TITLE 280 REDEVELOPI4ENT AGENCY - CIP TOTAL AJ4OUNT 3~00.00 3,~00.00 VOUCHRE2 VOUCHER/ CHECK HUHBER 13268 13340 13:5~ CHECK VENDOR VENDOR DATE NUHBER MANE 11/20/92 11/24/92 000710 MED. DESIGN & HANUFACTU 000707 MEDICAL DESIGN & HANUFA CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCR/PTIOR DEPOSZT/BOOTH HANUF. EX BOOTH/NED. DESIGN EXPO. ACCOUNT NUHBER 280-1ff-~-5808 280-1~-~-5808 ITEM AHOUNT 1,150.00 2,250.00 PAGE 1 CHECK ANOUHT 1,150.00 2,250.00 TOTAL CHECKS 3,400.00 VOUCHRE2 11/~5/9~ 15:59 CITY OF TEH~CULA VOUCHER/CHECK REGISTER FOR ALL PERZOOS PA'~ FUND TZTLE 001 GENERAL FUND 100 GAS TAX FUND 190 CC)IINN]TY SERVICES DISTRICT 191 TCSD ZONE A 193 TCSD ZONE C 210 CAPITAL IMPROVEMENT PROJFUND 300 ]NSURANCE FUND TOTAL mT 3.%,381.65 27,103.16 28,272.56 885.85 28,ea7.09 332,426.22 1,572.90 1VI~J(,CUR~ 15:59 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR flUfiBER DATE NUI4BER 13368 12/08/92 000102 13368 12/08/92 000102 13369 12/08/~2 008107 13370 12108192 000123 13370 12/08/92 000123 13370 12/08/92 000123 13370 12/08/92 000123 13370 12/08/92 000123 13370 12/08/92 000123 13370 12/08/92 000123 VENDOR MANE AMERICAN FENCE COMPANY AHERICAN FENCE COI4PANY ALHAHBRA GROUP BURKE WILLIAHS & SORENS BURKE WlLLIANS & SOREMS BURKE VILLIANS & SORENS BURKE ~ILLIAHS & SORENS BURKE W[LLIAHS & SOREMS BURKE UILLIANS & SOltENS BURKE WILLIAHS & SORENS 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 lZ/08/92 000126 CALIFORN]A LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12/08/9Z 000126 CALIFORNIA LANDSCAPE 172` 12/08/92 000126 CALIFORNIA LANDSCAPE 1~ 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371-12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 lZ/08/92 000126 CALIFORN/A LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12/08/9Z 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12108192 000126 CALIFORNIA LANDSCAPE 13371 12108192 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12108192 000126 CALIFORNIA LANDSCAPE 13371 12108192 000126 CALIFORNIA LANDSCAPE 13371 12/08/92 000126 CALIFORNIA LANDSCAPE 13371 12108192 000126 CALIFORNIA LANDSCAPE 1337-~ 12108192 000126 CALIFORNIA LANDSCAPE 133 12108192 000126 CALIFORNIA LANDSCAPE [TEN DESCRIPTION TEMPORARY FENCING AT SP SAFETY FENCE FOR DE POR ARCHITECTURAL SERV./RI PRO. SERV. OCT. 92 RETAINER SERVICES OCT. PRO. SERV. OCT. 92 PRO. SERV. OCT. 92 PRO. SERV. OCT. 92 PRO. SERV. OCT. 92 PRO. SERV. OCT. 92 SQUARE FEET "MEDALLION" RE IMPACT PLASTIC HARDIE D]APHRAN IRRIGATION TECHNICIAN IRRIGATION TECHNICIAN LABORER REPAIR A (24) STATION R EXTRA WORK ORDER 2541 EXTRA gORK ORDER 2695 EXTRA gORK ORDER .2696 EXTRA MORK ORDER 2699 F EXTRA i40RK ORDER 2701 F EXTRA HORK ORDER 2702 F EXTRA 140eK ORDER 2703 F EXTRA I~ORK ORDER 2706 F 2 1/2'* TEE 2 1/2' SLIP FIX COUPLIN 2 1/2' COUPLING IRRIGATION TECHNICIAN LABORER 11/2" RB EFA BRASS VAL 11/2" SLIP FIX COUPLIN 11/2" COUPLING IRRIGATION TECHNICIAN LABORER FOR REPAIR OF RETROFIT IRR/GATION NOZ LABOR TORO XP300 HI/POP RB NAXI BIRD IMPACT RB 11/4 EFA BRASS VALV IRRIGATION TECHNICIAN LABORER KEYBORN) REPLACEHINT PROVIDE LABOR TO REgIRE AS PER EgA 2775 MEADOIJV 30 1 GAL SCHRURS ACCOUNT NUMBER 190-180-999-5212 100-164-999-5402 210-190-131-5804 001-130-999-5266 00!-130-999-524~ 001-130-999-5246 081-1280 190-180-999-5266 001-130-999-5246 001-130-999-5266 193-180-~-5510 193-180-999-5510 190-180-999-5212 190-180-999-5212 190-180-999-5212 190-180-999-5212 190-180-999-5212 190-180-999-5212 193-180-999-5510 193-180-999-5510 193-180-999-5510 193-180-999-5510 193-180-9c~-5510 19~-180-999-5510 193-180-999-5510 193-180-999-5510 191-180-999-5510 191-180-999-5510 191-180-999-5510 191-180-999-5510 191-180-c~9-5510 191-180-999-5510 191-180-999-5510 191-180-99~-5510 191-180-999-5510 191-180-999-5510 193-180-999-5510 193-180-~-5510 190-180-999-5250 190-180-999-5250 190-180-999-5250 190-180-999-5250 190-180-999-5250 193-180-999-5510 193-180-999-5510 190-180-999-5212 193-180-999-5510 193-180-999-5510 ITEM AMOUNT 4U.O0 1,159.00 3,514.40 Z,040.31 3,150.00 24,211.54 4c~.41 1,430.84 3,891.95 3,322.45 136.50 32. O0 31.50 11.60 50-. O0 150.00 96.00 108.38 484.89 151.00 28~ .60 90.90 87.80 91.25 106.95 89.70 3.10 18.45 2.55 62.50 40.00 127.50 8.40 ,85 37.50 24. OO 26.25 16.00 20.87 24.20 112.35 50. O0 32. O0 89.28 30.00 Z~.O0 180.00 166.50 CHECK AMOUNT 1,632.00 3,514.40 38,546.50 VOUCHRE2 11/25/92 15:59 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK NLNBER DATE 13371 12/08/92 13371 12/08/92 13371 12/08/92 13371 12/08/92 13371 12/08/92 13371 12/08/92 13371 12/08/92 13371 12/08/92 13371 12/08/92 13371 12/08/92 13371 12/08/92 13371 12/08/92 13371 12/08/92 13371 12/08/92 13371 12/08/92 13371 12/08/92 1337112/08/92 13371 12/08/92 13371 12/08/92 13371 12/08/92 13372 12/08/92 13372 12/08/92 13372 12/08/92 13372 12/08/92 1337'3 12/08/92 12/08/92 12/08/92 12/08/92 12/08/92 12/08/92 13375 12/08/92 13376 12/08/92 13376 12/08/92 13376 12/08/92 13376 12/08/92 13377 12/08/92 13377 12/08/92 13377 12/08/92 13377 12/08/92 13377 12/08/92 13377 12/08/92 13377 12/08/92 13377 12/08/92 13377 12/08/92 VENDOR 000126 008126 000126 000126 000126 000126 000126 000126 000126 000126 080126 000126 000126 000126 000126 000126 000126 000126 000126 000131 000131 000131 000131 00016~ 000220 000220 000220 000220 000220 000231 000235 000235 000235 000235 000257 000257 000257 000257 000257 000257 000257 000257 000257 NAIE CALIFORNIA LANDSCAPE CALl FORNIA LAll)SCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALl FORNIA LAll)SCAPE CALl FORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALl FORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA IjMIDSCAPE CALl FORN]A LANDSCAPE CALIFORNIA LANDSCAPE CARL MARREN & CO. CARL MARREN & OD. CARL IJARREN & CO. CARL tiARREN & CO. ESGIL CORPORATION NAURICE PRINTERS ~UICK IqAURZCE PRINTERS GUICK NAURICE PRINTERS ~UICK NAURICE PRINTERS ~UICK NAUR]CE PRINTERS ~UICK NBS/LOI./RY OCB REPROGRAPHICS OCB REPRORRAPH]CS OCB REPROGRAPHICS OCB RENtOGRAPHIC$ RAHTEK RANTEK RANTEK RANTEK RN4TEK RANTEK RANTEK RN4TEK RN4TEK ITEN DESCRIPTION IRRIGATION NODIFICATION LABOR AND NATERIAL$ TO EIJO 2339 TRACT NATRINIQ EMA 2772 INSTALL SOD EMA 2768 REPAIR OF TklO EMA 2777 REPAIR OF BROK EMA 2?62 RANCHO SOLAliO ElM 2771 VILLAGE OROVE EkIA 2778 VILLAGE GROVE EMA 2779 RIDGEVIEV TRAC EMA 2780 PAVILION POINT EXTRA iJORK ORDER 2687 EXTRA MC)RK ORDER 2686 IMTERIAL PROVIDE LABON AND HATER LANDSCAPE CONTRACT/IKN. LANDSCAPE CONTRACT/NOV. LAli)SCAPE CONTRACT/NOV. CLAIN/SPRANGLER THOI4AS CLAZN/FAIR $J~IJEL CLAIN/HEIqERT/LAN. E CLAIN/NOOAFFANE CAROL 69X OF PLAN CHECK FEES/ NEIGHB.gATCH LETTER/NOV TAX FRONT & BACK COVERS; ANNUAL FINANCIAL REPORT TAX PRO. $ERV. OCT. 92 ADJUSTHINT PER ACCOUNTA SEPT. 92 BLUEPRINTING SEPT. 92 BLUEPRINTING SEPT. 92 BLUEPRINTING DRAINAGE CLEANING FY 92 STREET NAINTENANCE, STR DRAINAlE CLEANING FY 92 DRAINAlE CLEANING FY 92 STREET NAINTENANCE. STR DRAINAGE CLEANING FY 92 STREET NAINTEIUICE, $TR CR. OVERCHARIED ON I TEN 'CONSTRUCT]ON OF PROJECT ACCOUNT NUNBER 193-180-999-5510 193-180-999-5510 193-180-999-5510 190-180-999-5212 190-180-999-5212 190-180-999-5212 193.-180-999-5510 193-180-999-5510 193-180-999-5510 193-180-999-5510 193-180-999-5510 193-180-999-5510 193-180-999-5510 193-180-999-5510 193-180-999-5510 193-180-999-5510 193-180-999-5510 190-180-~99-5250 191-180-999-5510 193-180-999-5510 300-199-999-5205 300-199-999-5205 300-199-999-5205 300-199-999-5205 001-162-999-5248 001-170-999-5222 081-170-999-5222 001 - 1/.0-999-5222 001 - 1/.0-999-5222 001 - 1/*.0 - 999- 5222 210-190-129-5806 210-190-129-5802 210-190-129-5802 210-190-129-5802 210-190-129-5802 100-166-999-5/.01 100-16/,-999-5602 100-166-999-5/,01 100-164-999-5601 100-t66-999-5/*02 100-164-999-5601 108'166-999-5602 108-t64-999-5~02 210-163-62t-580/, ITEM ANOUNT 220.O0 179.00 845.00 156.00 397.05 163.20 56.80 219.20 139.20 65.71 522.50 7/*9.15 1,110.10 75.00 1,120.10 75.00 561.00 21,152.16 2/*6.50 270.75 315.32 3,039./*0 176.00 158.00 1,339.00 116.02 10,755.00 2,008.56 4/>6.95 310.12 1,364.10 293. O0 2,512.00 268.84 1,878.32 15,565.50 1,037.fi)' /.0,912.57 CHECK ANOUNT /*0,936.89 1,572.90 3,039./*0 1,'802.66 10,735.00 4,229.71 11; ;2 15:59 VOUCHER/ CHECK CHECK NUMBER DATE 1337"8 1 Z/08/92 13379 12/Q8/92 000280 13379 12/08/92 000280 13380 12/08/92 000341 13380 lZ/08/92 000341 13381 12/08/92 000~06 13381 12/08/92 000406 13381 12/08/92 000406 13381 12/08/92 000/,06 13381 12/08/92 000406 13381 12/08/92 000406 13381 12/08/92 000406 13381 12/08/~2 000406 13382 12/08/92 000479 13382 12/08/92 000479 13383 12/08/92 000483 1. o 12/08/92 000520 13385 12/08/92 000538 13386 12/08/92 000584 13387 12/08/92 000648 13387 12/08/92 00064,8 13388 12/08/92 000660 1338~ 12/08/92 000687 13390 12/08/92 000713 13391 12/08/92 00071/, VENDOR VENDOR NUMBER NAME 000276 PItKISS, ROBE SC SIGNS SC SIGNS HILLDAN ASSOCIATES WILLDAN ASSOCIATES R/VERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERZF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHER]F RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERZF WORKS STRIPING & MARKIN MXtKS STRIPING &/'UUtKIN INLAND ASPHALT & COATIN HINDERLITER DE LAMAS, A R.J. NOBLE COffi>ANY RICK ENGINEERING CONPAN BANANA BLUEPRINT BANANA BLUEPRINT CASH CONSTRUCTION ROGERS ENGINEERING NORTHERN BANK NOTE CONP STANDARD & POOR'S CORPO CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS [TEN DESCRIPTION DEVELOPMENT OF MASTER P PORT]NG PUBL. HEAR/SEPT HEW SIGN CONSTRUCTION PRO. SERV. AJ>RZL-~. 9 AUG.-SEPT. 92 SERV. LAU ENFORCEMENT/SEPT. 9 LAg ENFORCERENT/SEPT. 9 LAW ENFORCERENT/SEPT. 9 LAW ENFORCERENT/SEPT. 9 LAW ENFORCEMENT/SEPT. 9 LAW ENFORCEMENT/SEPT. 9 LAW ENFORCEMENT/SEPT. 9 LAW ENFORCEMENT/SEPT. 9 ADJUSTRENT PER ACCOUNTA ADJUSTHENT PER ACCOUNTA AHENDRENT TO PROPERTY TAX ANAL/91-g2 HARGARZTA ROAD EXTENS]O PRO. SERV. SEPT. 92 OCT. 92 BLUEPRINTING OCT. 92 BLUEPRINTING PRO. SERV. OCT. 92 PRO, SERV. 9/28-10/30/9 REG. CERT. PARTICIPATIO ANALYTICAL SERV./TCSD ACCOUNT NUMBER 1~0-180-9q9-5248 001-161-~-5256 001-120-~-5256 001-1370 210-190-129-5804 001-170-~-5288 001-170-~9-52~9 001-170-~-5298 001-170-~-5290 001-170-~-5291 001-170-f99-5281 001-170-~-5282 001-170-~9-5262 210-1~0-133-5804 210-1~0-133-5804 210-165-607-5804. 001-160-9f9-5248 210-165-606-5806 210-165-606-5804 210-190-129-5802 210-190-129-5802 210-190-129-5804 210-1~0-120-5802 190-1990 190-1~0 ITEM AMOUNT 6,844.38 65.00 1,200.00 6,440.00 5,826.00 217,385,00 19,875.20 17,142.36 2,316.16 6,079.92 18,261.45 2,682.80 17,396.04 8,768.90 2,658~71 2,212,75 3,600.00 174,778.94 2,562.50 5,619.83 1,912.13 62,006.78 7,090.00 2,260.39 5,900.00 PAGE CHECK AMOUNT 6,844.38 1,265.00 12,266.00 301,138.93 11,227,61 2,212.75 3,600.00 174,778.94 2,562.50 7,331.96 62,004.78 7,090.00 2,260.39 5,900.00 TOTAL CHECKS 77'3,329.43 ITEM NO. 6 APPROV]~r. CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane McLarney, Finance Officer December 8, 1992 City Treasurer's Report as of October 31, 1992 RECOMMENDATION: That the City Council receive and file the City Treasurer's report. as of October 31, 1992. DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. The City's investment portfolio is in compliance with the Code Sections as of October 31, 1992. FISCAL IMPACT: None ATTACHMENT: City Treasurer's Report as of October 31, 1992 City of Temecule City Treasurer's Report As of October31, 1992 Cash Activity for the Month of October:. Cash and Investments as of October 1, 1992 Cash Reoaipts Cash Disbursements Cash and Investments as of October 31, 1992 16,090,067 1,727, 495 (2,068,245') 15, 749,317 Cash and Investments Portfolio: Type of Investment Petty Cash Demand Deposits Banefit demand deposits Treasun/Service Shares Deferred Comp. Fund Local Agency Investment Fund Institution N/A Bank of America Bank of America Pacific Horizons ICMA Stme Treesurer Yield N/A N/A N/A 2.770% N/A 4.730% Balance 800 202,168 3,815 0 254,587 15,287,947 15,749,317 (1) (1) (1)-This mount includes outstanding ohacks. Per Govemment Code Requirements, this Treasurer's Report is in compliance with the City of Temacuia's Investment Policy and there are adequate funds available to meet budgeted and actual expenditures for the next thirty days of the City of Temeouia. Prepared by Carole Serfling, Senior Acooummnt -{ ITEM NO. 7 TO: FROM: DATE: SUBJECT: FINANCe. OFFICER CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane McLarney, Finance Officer December 8, 1992 Sales Tax Audit Agreement with Hinderliter, de Llamas and Associates Prepared By: Grant M. Yates, Senior Management Analyst RECOMMENDATION: That the City Council 1) appropriate 819,000 from the unappropriated General Fund Balance for Consulting Fees to cover unanticipated costs associated with a finders fee relating to the Sales Tax Audit Agreement with Hinderliter, de Llamas and Associates (HdL), and 2) extend the agreement with HdL for one year. DISCUSSION: On July 24, 1990 the City Council approved an agreement with HdL to provide current and projected sales tax information for all businesses in the City. This service included establishing a sales tax audit data base which provides the City with quarterly updates of sales tax information and projections. In addition, the agreement called for HdL to collect a 15% finders fee to be applied to all local sales tax generators they locate which are allocated to other jurisdictions in error. Recently HdL has uncovered a number of firms that have been incorrectly reporting sales tax to another jurisdiction. Therefore, based upon the terms Of the agreement, the City is required to pay HdL a 15% finders fee. This expenditure was not budgeted because it was not known if HdL would find any misclassified businesses. In addition, the finders fee does not apply until the name of the misclassified company is accepted and correctly classified by the State of California and the City actually receives payment. For purposes of this staff report, the companies are not named because all sales tax information is strictly confidential. FISCAL IMPACT: A transfer from the unappropriated fund balance of the General Fund to account number 001-140-999-5248 is requested for the 15% finders fee. The revenue the City receives from these businesses will increase to offset this additional appropriation. ITEM NO. 8 APPROVAt. CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mary Jane McLarney, Finance Officer DATE: December 8, 1992 SUBJECT: 1992-93 Fire Protection Agreement Prepared by: Grant M. Yates, Senior Management Analyst RECOMMENDATION: That the City Council approve the Fiscal Year 1992-93 Fire Protection Agreement with the Riverside County Fire Department and authorize the Mayor to execute the contract. DISCUSSION: The City of Temecula contracts with the County of Riverside and the California Department of Forestry to provide fire protection, fire prevention, and rescue and medical aid services for the City of Temecula. The contract calls for a total of 24.6 positions and service delivery and support services for Stations 12 and 73 as outlined in "Exhibit A" of the agreement. The approved Fiscal Year 1992-93 budget included a total of $661,293 in personnel services and delivery costs. The attached agreement calls for a net City billing of $594,148 for a total reduction of $67,145 over the-approved budget. This reduction is a direct result of the temporary pay reductions that the employees of the California Department of Forestry have taken as a result of the State's budget problems. FISCAL IMPACT: The funds for this contract have been appropriated in the Fiscal Year 1992-93 Operating Budget. The funds that have been budgeted but are not called for in this agreement will be adjusted during the Mid-Year Budget process. Attachments: Cooperative Agreement for City of Temecula Fire Protection Services FZMT AK~NDMEIff COOPIIt~TZV] kgRJFJ~lff TO PROVIDE FIRE P~OTECTZON, FIRE P~IVENTZON, It~BCU] 3~ND NJDZCXL kID FOR TI~ CITY OF TFJ~CULA TBZB FZ~T AMF~DMIIff is made and entered into by the City of Temecula and the County of Riverside. WBXRF~, The parties heretofore entered into an agreement entitled -& COOPEI~TIVE AGltEI~ENT TO ~OVIDE FI~ ~~ION, FI~ P~ION, ~S~E ~D ~DZ~L AID FOR Cl~ OF T~~w (~e "AG~~.) dated Au~st 21, 1990~ and ~~, the pa~ies are re~esting an ~e~~ ~o ~d agree~n~ a~ac~ent E~ibi~ "A"~ and ~~, the pu~ose of this amen~t is to u~a~e ~e rates. COVENANTS NOW, TKERXFORE, in consideration of ~he mutual promises and agreements herein contained, the parties agree as follows= 1. AMXNDMENT. The parties agree that Exhibit. cam .of the Agreement is hereby amended to provide as follows: The attached Exhibit "A" shall be in place for the Fiscal Year 1992/93. 2. EFFECTIVE DATE. This First Amendment shall become effective upon execution by all of the above-mentioned parties. /// III III 1 2 3 4 5 6 '7 8 10 11 12 1'i 15i 16 1'/ 18 19 20 21 24 25 26 2'7 28 IN WITHESS WHBKEOY, the City has caused this agreement to be signed by its Mayor and sealed by its Clerk-and the County of Riverside by order of its Board of Supervisors, made , has caused this agreement to be subscribed b~ ~he Chainnan of said Board and sealed and a~tested by the Clerk of the Board, all on the day and year first above written. DATED: CITY OF TEMECULA ATTEST= BY: MAYOR APPROVED AS TO FORM: BY: TITLE: COUNTY OF.RIVERSIDE BY: CHAIRMAN, BOARD OF 8UrratVlSORS ATTEST: BY: GERALD MALONEY. CLERK OF THE BOARD TEM~CUIa FIPa SERVICES FY 1992-93 PERSONNEL AND SERVICE DELIVERY COSTS "EXHIBIT A" Personnel Class{f{cat~on Battalion Chief Fire Prevention Captain Fire Prevention Assistant Fire Captains Fire Apparatus Engineers Firefighter II Positions 1.0 1.0 1.0 2.0 3.2 10.4 *50%.Aerial Truck Staffing Fire Captain Fire Apparatus Engineer Firefighter II 1.5 1.5 .3.0 Total Positions ....... 24.6 Salaries, benefits, State Administrative Charge ....... $1,426,853 Total Uniform Allowance ....... $20,734 Total ........ $1,447,587 Service Delivery/Department SUDDOrt Services Station 13 .................. $183,360 Station 73 .................. $194.801 Total ....................... $378,161 Total Cost for personnel and Service Delivery.. ....... $1,825,748 * Less estimated structural fire tax credit .......... ~.~31.600 Net City Billing ............ $ 594,148 ITEM NO. 9 APPROVAL CITY ~ ATTORNEY FINANCE OFFICE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager /~Tim D. Serlet, Director of Public Works/City Engineer December 8, 1992 Award of Contract for Modification of the Traffic Signal at the Intersection of Jefferson Avenue and Winchester Road (RFP No. 011 ) PREPARED BY: Ben Dobbins, Traffic Engineer RECOMMENDATION: That the City Council: Approve award of contract for the modification of the existing traffic signal at Jefferson Avenue and Winchester Road to Alexander Traffic Signal/Lighting Company, Inc. for $14,590, and authorize the Mayor to execute said contract. Transfer $14,590 from the Traffic Engineering Account No. 100-164-999-5406 to the Public Works Equipment Account No. 100-164-999-5610. BACKGROUND: . The existing traffic signals at the intersection of Jefferson Avenue and Winchester Road are not interconnected with the existing signals at the I-15 ramps. Although the conduit and interc0nnect wires are in place, the existing controller was not constructed to specifications that will permit it to electronically communicate with the signals at the I-15. ramps. The proposed contract will replace the existing controller with a new controller that will allow the interconnect to be connected and permit the signal at the intersection of Jefferson Avenue and Winchester Road to be coordinated with the ramp signals. The California Department of Transportation will be responsible for the coordination and associated timing of the signals. Staff requested proposals for this work and received the following bids: Alexander Traffic Signal/Lighting Company, San Diego Signal Maintenance Incorporated, Anaheim $14,590 $19,500 FISCAL IMPACT: It is necessary to transfer $14,590 from the Traffic Engineering Account No. 100-164-999- 5406 to the Public Works Equipment Account No. 1.00-164-999-5610. pw01%egdrpt%92~,1208~,HpO11 .ewd 1123e CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT ""' CONTRACT FOR RFP NO. 011 MODIFICA T/ON OF TRAFFIC SIGNAL A T INTERSECTION OF JEFFERSON AVENUE AND WINCHESTER ROAD THIS CONTRACT, made and entered into the day of ,19 , by and between the City of Temecula, 'a municipal corporation, hereinafter referred to as "CITY", and ALEXANDER TRAFRC SIGNAL/LIGHTING COMPANY, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.8. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Request for Proposal No. 011, Scope of Services, Plans, and Bid Proposal entitled RFP NO. 011 - MODIFICATION OF TRAFFIC SIGNAL AT INTERSECTION OF JEFFERSON AVENUE AND WINCHESTER ROAD, Insurance Forms, this Contract, and all modifications and amendments thereto, and the latest version .of the Standard SDecifications for Public Works Construction, 'including all supplements as written and promulgated by ~he Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors 'of California (hereinafter, "Standard Specifications") or amended by the General Specifications, Special Provisions, and Technical Specifications for said project. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications will contrQl the general provisions, construction materials, and construction methods for this Contract except as amended by the Plans and Specifications of this Contract. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over and be used in lieu of such conflicting portions. Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT CA- 1 pwO 1%rfp~O 11%;ontreet 1201 S2 e The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: RFP NO. 011 MODIFICATION OF TRAFFIC SIGNAL AT INTERSECTION OF JEFFERSON AVENUE AND WINCHESTER ROAD All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for the work above-agreed to be done, the sum of: FOURTEEN THOUSAND FIVE HUNDRED NINETY DOLLARS and ZERO CENTS ($14,590.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed THIRTY (30) working days, commencing with delivery of Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in a cumulative amount not to exceed $10,000, and in an individual amount not to exceed $5,000. PAYMENTS/ACCEPTANCE OF WORK. On or about the 30th day of the month next following the commencement of the work, there shall be paid to the CONTRACTOR a sum equal to ninety percent (90%) of the value of the work completed since the commencement of the work. Thereafter, on or about the 30th day of each successive month as the work progresses, the CONTRACTOR shall be paid such sum as will bring the payments each month up to ninety percent (90%) of the previous payments, provided that the CONTRACTOR submits his request for payment prior to the last day of each preceding month. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after CITY's acceptance of the work and the CONTRACTOR filing a one year warranty with the CITY on a warranty form provided by the CITY. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. CONTRACT CA-2 pwO1~,rfp~O11~.eontreet 120192 e e 10. 11. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. LInUIDATED DAMAGES: EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of One Thousand Dollars (~ 1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. Unless a shorter time is specified elsewhere in this Contract, on or before making final request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation under or arising out of this Contract; the acceptance by CONTRACTOR of the final payment shall constitute a waiver of all claims against CITY under or arising out of this Contract except those previously made in .writing and request for payment. CONTRACTOR shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the LabOr Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. LIABILITY INSURANCE. CONTRACTOR, by executing this Agreement, hereby Certifies: "1 am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." TIME OF THE ESSENCE. Time is of the essence in this Contract. CONTRACT CA-3 pw01%rfp%011%contreet 120192 12. 13. 14. 15. 16. 17. INDEMNIFICATION. All work covered by this Contract done at_the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included). and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that · exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by CITY for purposes of letting this Contract out to bid will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other puerperal of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in his/her employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. SIGNATURE OF CONTRACTOR CorDorations: The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of e resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk's office. CONTRACT CA-4 pw01 ~rfp~011%contrect - 120192 Partnerships: 18. 19. 20. 21. 22. 23. The names of all persons comprising the partnership or co-partnership must be stated. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging the signer to be a general partner is presented to the City Clerk, in which case the general partner may sign. Joint Ventures: Bids submitted as joint ventures must so state and be signed by each joint venturer. Individuals: Bids submitted by individuals must be signed by the bidder, unless an up-to-date power of attorney is on file in the City Clerk's office, in which case said person may sign for the individual. The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where the fictitious name is used, it must be so indicated in the signature. SUBSTITUTED SECURITY. In accordance with Section 22300 of the Public Contracts Code, CONTRACTOR may substitute securities for 'any monies withheld by the CITY to ensure performance under the Contract. At the request and expanse of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY or with a State or Federally chartered bank or an escrow agent who shall pay such monies to the CONTRACTOR upon notification by CITY of CONTRACTOR's satisfactory completion of the Contract. The type of securities deposited and the method of release shall be approved by the City Attorney's office. RESOLUTION OF CLAIMS. Any dispute or claim arising out of this Contract shall be arbitrated pursuant to Section 10240 of the California Public Contracts Code. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor. d,spute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. UTILITY LOCATION. CITY acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. REGIONAL NOTIFICATION CENTERS. CONTRACTOR agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. .. CONTRACT CA-5 pw01 ~fp%011%contrac~ '1201 g2 24. 25. TRENCH PROTECTION AND EXCAVATION. CONTRACTOR shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. CONTRACTOR shall, without disturbing the condition, notify CITY in writing as soon as CONTRACTOR, or any of CONTRACTOR's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: (1) The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; (2) Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or (3) Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. .CITY shall promptly investigate the reported'conditions. If CITY, through, and in the exercise of' its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the CONTRACTOR's cost of~ or time required for, performance of any part of the work, then CITY shall issue a change order. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times end places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. CONTRACT CA-6 pwO1~rfp~O11~eontreot 120192 26. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 27. GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California. 28. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Tim D. Serlet, Director of Public Works/City Engineer City of Temecula 43174 Business Park Drive Temecula, CA 92590-3606 29. LICENSFS. Including, but not limited to, City business license. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR By: Print or type NAME Print or type TITLE DATED: APPROVED AS TO FORM: CITY OF TEMECULA By: Patricia H. Birdsall, Mayor Scott F. Field, City Attorney ATTEST: June S. Greek, City Clerk CONTRACT CA-7 pwOl~rfp~011%co~tre~t 120192 ITEM NO. 10 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Tim D. Setlet, Director of Public Works, City Engineer December 8,1992 Final Parcel Map No. 27336 PREPARED BY: Kris Winchak, Senior Project Manager RECOMMRNDATION: That City Council APPROVE Final Parcel Map No. 27336, subject to the Conditions of Approval. BACKGROUND: Tentative Parcel Map No. 27336 was approved by the City of Temecula Planning Commission on May 26, 1992. Final Parcel Map No. 2?336 is a Reversion to Acreage to ellminAte underlying lot lines for the construction of the Rancho California Water District Headquarters Facility. The recording of Final Parcel Map No. 27336 prior to certificate of occupancy,is a requirement under Conditions of Approval for-Plot Plan No. 239. Staff recommends that City Council APPROVE Final Parcel Map No. 27336 subject to the Conditions of Approval. FISCAL II~ACT: NONE. The following fees have been paid (or deferred) for Final Parcel Map No. 27336. * Area Drainage Fees * Fire Mitigation Fees * T~fffic Signal Mitigation * Stephen's K-Rat Fees $ PAID $ PAID $ PAID $ PAID The following bonds have been posted for Final Parcel Map No. 27336: Faithful Other PerformAnce Bonds Streets and Drainage $ 0.00 Water $ 0.00 Sewer $ 0.00 Survey Monuments $ 0.00 Labor and Materials $ O. O0 $ o.oo $ o.oo KW/TN:ks ATTACIII~TS: 2. 3. 4. Development Fee Checklist Location Map. Copy of Map Planning Comm~Rsion Staff Report. dated April 20, 1992 Plot Plan 239 Conditions of Approval Conditions of Approval Tentative Parcel Map No. 27336 Fees and Securities Report ATTACHMENT 1 DEVELOPMENT FEE CHECKLIST CITY OF TEMBCUI~ DEVR'r,OPMENT FEE CHECKtJST Fin,,,1 Pax'cel Map No. 27336 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan ( K -Rat ) Parks and Recreation (Quimby) Public Facility Traffic Signal Mitigation Fire Mitigation Flood Control (ADP) Regional Statistical Area (RSA) Staff Findings: Condition of Approval Condition No. 16 (PP No. 239) N/A Condition No. 42 (PP No. 239) Condition No. 40 (PP No. 239) Condition No. 61 (PP No. 239) Condition No. 16 NIA Staff finds that the p~oject will be consistant with the City's General Plan once adopted. The project is not a part of a specific plan. ATTACHMENT 2 LOCATIONMAP \ NORTH / VICINITY MAP PARCEL MAP 27336 ATTACHMENT 3 COPY OF MAP ATTACHMENT 4 PLANNING COMMISSION STAFF REPORT April 20, 1992 - MEMORANDUM TO: FROM: DATE: SUBJECT: Saied Naaseh, Planning Department Robert Righetti, Engineering Department April 23, 1992 Revised Conditions Per Planning Commission Hearing of April 20, 1992 for PM 27336 The development conditions for PM 27336 were revised at the Planning Commission Hearing of April 20, 1992 and should be revised to read as noted below. Condition No. 1~ shall be amended to read as follows: As deemed necessary by the Department of Public Works, onsite under- ground drainage facilities, located outside of road right-of-way, shall 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 buildings and obstructions." Please revise the final conditions of approval as directed above. Any questions regarding this amended verbage'may be directed to the department for clarification and address. RR:rr TR27336.1 RECO~ATION: STAFF I~k~ORT - PLANNING C1TYOF~ PLANNING COMMISSION April 20, 1992 Case Ng.: Tentativ~ Pared Map Ng. 17336 Prepared By: Saled Naaseh 1. APPLICATION INFORMATION APPLICANT: REPRBSENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOS~-r} ZONING: EXISTING LAND USB: e I!~'.AFFt~M the px~viously adopted Negative Dechrafion for Plot Plan No. 239; and Rancho C~lifomia Water Distria Same as above A request for approval of a Revertion to Acreage u required by Condition of Approval No. 39 of Plot Plan No. 239. Northerly side of Winchester Road between Calle tknpleado and Manuf~auring-Service Commercial (M-SC) North: South: Bast: We,~t: N/A Mannface-Service Co,,',,,,ercial-(IVI-SC) Manufacterlng-Setvice Commm~lal (1VI-SC) Manufacturing-Service Commel'cial (IVI-SC) Manufaaufing-Service Commet~sl (M-SC) Vacant SURROUNDING LAND USES: North: South: West: Vaca~ Vacant Vacant Vacant PROJEC~ STATISTICS Site area: 11.5 acres Number of existing parcels: 11 BACKGROUND Thls Reverslonto Aaeage was aCondifionof~f~.Plot Plan No. 239. Thi.~condition required the al~ to record a parcel map prior to iraace of building permits for the plot plan in order to ensure that no b~'!dlng, crossed taoi~,ty lines. Plot psan No. 239 was approved by the City C, mta~ on November 26, .1991. This approval allowed construction of a 40,000 square foot two (2) story office building, a 13,000 square foot single story warehouse StrtlCttlre, a 20,000 square foot single story operafion-~ mni~ bnfiding, a service vehicle storage yard with 250 parlclng spaces and an employee and visitor parking area with 287 spaces. PROJECT DESCRIPHON Parcel No. 27336 will combine 11 parcels into one (1) parcel. The approval of this projea will ~"-__~ Condition No. 39 for Plot Plan No. 239, ANALYSIS Pursuant to Section 504 of ~e Uniform P, uildlnE Code (UBC), the applicant is required to eliminate the property lines currently existing on the project site to prohibit single structures from crossing prolx.,ty lines. The Subdivision ldap Act refers to this procedure as Reversion to Aaeage and it entails redescription of ~e pwperty reflecting the project site as a single parcel. F.,,YYSTXNG ZONING, FUTURE GENERAL PLAN AND SWAP CONSISTENCY The project, as condifiomd, confo,~s with existing ZOning and subdivision ordinances affecting the subject p,c~.,~ty, and is compatible wiffi the Souffiwest Area Plan (SWAP) ]and use designations of Light Industrial The proposal is also compatible with existing and anticipated dove]optnent in its immea, llate vicinity. As such, Tentative Parcel lVtn1~' No. 27336 will h~e-ly be consilent with the City's 6etlelal Phll fecommelldations for the pwperty in question, upon the Phn's final adoption. ENVIRO~AL DETERMINATION Pursuant to applicable portiota of the California Environmental Quality Act (CBQA), an ~6.m Study was pzepazed for Plot Phn No. 239 which determined the projectin question will not have a significant impact on the built or natural environment; a Negative Dechration was adopted fc~ the project. A ruf~zma~on of this N~gative Dechratlon is reCOmm_Lmded for Tentative Paw~l Map No. 27336. There is a reasomble pmbsbiHty thst Tentative Parcel Map No. 27336 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State hw-. The project, as wndition~, conforms with existing . app]iCab].e Cjly ZOninJ ordina/Ice$ add developlllent standaids. Further, the proposal. is characteristic of s'nnilar devdopment approved by the City to date and anticipated in it's vicim'ty based on current development Utmds. e There is not a likely probability of subslandal de--lment to, or interference with the City's future General Plan, ff the proposed use is nltim-teJy inconsistent with the Plan. The project is compatible with existing development sumdazds which will likely be included in the City's future General Plan. The proposed use or action as conditioned complies with State plnnnlng and zoning lawS. Re, fezen{~ local Ozdinances No. 348, 460; and California Governmentsl Code Sections 65000-66(X)9 ('Plnnnlng and ZOning T-nW). The project as designed and conditioned will not adversely affect the public health or welfare. The proposal will not have an adverse dfect on surrounding properties which are vacant now. It does not r~n, scdt a significant change to the present or planned land use of the area and the SWAP designation of Light Industrial. As condifioned, the project conforms with applicable 'land use and development zcgulations. The project has acceptable access to dedicated rigins-of-way which ate open W, and useable by, vehia,hr traffic. rue project draws access from Winchester Road and Avenida de Ventas, improved dedicated City fights-d-way. Projea access, as designed and conditioned, conforms with applicable City Engineering standards and ordinsncel. The project as designed and condi~oned will not adversely affect the built or natural environment as determined in the Eavironmental Analysis for this project. .8. · STAFF RECOMMENDATION: 1. RRAS'FIRM the pmvimmly adopted Negative Declaration ,for Plot Plan No. 239; and ,6,r~OPT Resolution 92- -recomme, u41ng approval of Tentative Parcel M~ No. 27336; based on the Analysis and Findings conUfined in the Staff Report and subject to vgw Attn~hmeflts: 2. 3. 4. Resolution 92- - blue page 5 Conditions of ~ - blue page 11 Initial Study - blue page 15 Exhibits - blue page 16 Vicjni~ Y~ SWAP M~ Zor~ng Map Tentative Parcel Maps No. 27336 Plot Plan NO. 239 ATTACHMENT NO. 1 RESOL~ON NO. 92- ATTA~ NO. 1 RESOLUTION NO. A ]ts~)LUTION OF Tar. PLANNING COMMISSION OF ~ CITY OF TEV~CULA RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP NO. 27336 FOR REVERSION TO ACREAGE OF Et.EVEN (11) PARCELS ON APPROXIMATELY 11.S ACRES LOCATED NORTHERLY OF WINCHESTER ROAD BJ~r~v Kk~T C~T,T-~ EMPt,~AJ)O AND DIAZ ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 909-310-024 THROUGH 28 AND 41 THROUGH 46 WHKUV-4.q, P, ancho Califomia Water District filed Teveasve Parc~ l~t~p. No. 27336 in accordatlce with the Riversid~ County Land Use, Zoning, Plnnnin~ and Subdivision Ordinances, which the City has adopted by reference; WHKMV-4,q, said Tentative Parcel ~np, application was ~ in the time and manner prescribed by State and local hw; WHKMI?-~kS, the Planning COmmitiOn considered said Tentative Parcel Map on April 20, 1992 at which time in~ persons had an oppoztutfity to testify either in slipport or WHKuEA_S, at the conclusion Of 'the Commi.~sion hearing, the Commission recommended approval of said Tentative Patx~ Map; NOW, TIi~,2aeORE, TVrE PLANNING COMMItION OF ~ CrrY OF TEVIECULA DOES RESOLVE, DETEEv/INE AND ORDER AS FOr x OWS: Seetion L Findings. following findings: That the Teme~,h: planning Commission hereby makes the A. Purmmnt to Government Code Section 65360, a newly incorpora2d city shall adopt a general phn within thirty (30) months fortowing incorporation. During that 30-month period of time, the city is not subject to the requiteram that a general plan be adopted .or the ~quizements of state law that its decisions be comistent with the general plan, ff all of the following xequirements ate met~ The city is proceeding in a timely fashion with the prepnation of the 2. The plpnnirlg agcllcy fitIda, in appfovizlg projects and taking other actions, incb__ulin.~ the i,g'~,-nco of ]xli]dizlg ixAsa~ts, each of IJ~ following: a. There is a ressonable prolmbility that the land use or action proposed will be consistent with the general plan proposal being con-~Mered or studied or which will be studied within a reasonable time. b. There is lil/le or no probability of substantial detriment to or interference with the future adopted general plan ff the proposvs use or action is ultimately B. The Riverside Conmy General Plau, as =mtm6ed by the Southwest Area Community Plan, ~ *SWAP*) was sdopted prier ~o the incoq~o, allon of Temecula as the General Plan for the southwest portion of Rivehide County, incloltin~ the area now within ~ddelines while the City is pzocee~ng in a timely fashion with the preparation of its General Plan. C.' The proposed Ten~dvc Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wi~ The city is proceedinS in a timely fashion with a preim~on of the general 2. The Pllnning Cornmi.e4ion finds, in recommending approval of projects and t~ldng other actions, inc]uding the issuance of building permits, pursuant to thi.~ title, each of the foBowing: a. There is reasonable probability that Tentative Parcel Map No. 27336 pwposed will be conHqe~t with the general plan proposal being considered or studied or which will be studied within · reasonable time because the project is consistent with the e~ng SWAP and Zonin~ Dosignations wl]l have mlnim~l impact on the sRrlx~nding propeztles. b. There is liUle or no probability of substsndsl 4etrlment to or interference with the future adoixed general plan ff the proposed use or action is ultimately incomistem with the plan because the pwjem will have minimal impact on the SurrOUDding c. The proposed use or action complies wi~ all other applicable requirements of state hw and local ordln~nces because it iS COn~i,~ent with the deVe]q)Dlent StaDdardS Of Or6iP~nCe NO. 460, which co!lforl/Is with State laws. D. Pursuant to Section 7.1 of County OrdinanCe No. 460, no subdivision may be approved unless the following findings are made: /~-./~rs i~,~ c~,.rgq0- 1. That the proposed tasi ,~,",k,n ~s co~.~ ~ applicable general and specific plans. 2. That tt~ desiZn or intprovement of th~ ~,~ hnd division B consisumt with appncable Zeaentt and spec c 3. That the site of the pw~sed hnd division B physically suitable for the type of developmere. 4. TImt the site of the F-oyo~ land division is physically suitable for the proposed den.~y of the dev~ 5. That the deai~n af the proposed land division or pwposed improvements are not likely to cause sub~sd eavironmes~l dama~ or subo~.~lly and unavoidably injure 6. Tbat the desiZn of the preposed ~ ~ or tbe type of hnprovements are not likely to cause serious public health problems. v,x~pcat y within the proposed h~ division. Alanddivisionmaybeq~ovedffitisfoundthat ~!temste e~-me~ts for a~ess or for use will be provided and tha~ they w~! be subst=etislly equivalent to ones previously acquired by the public. ~ subsection shall apply only to easements of record or to e .ments establ ed by judgment of a court of competent judsdiction. B. The Planning Commission in recommt, ndine approval of the proi~sed Tentative Parcel M~p, makes the fonowinZ fi~i-5, to wi~: 1. There is a reasonable probability that Tentn.ve Parcel Map No. 27336 will be consistent with the City' s future General Plan, which will be completed in a reasonable time and in accordance with State hw. The projea, as conditioned, conforms with existing applicable city zoning ordirmnces and development standards. Further, the proposal-is characteristic of similar development appmved by the City to date and anticipated in it's vicinity 2. There isnota-likelyprobabilit~ of substantial detrimentto; or interference with the City' s future General p!nn, ff the pwposed use is ultimately inconsistent with the Plan. The projea is compsh'ble with e0dsting development standards which will likely be included in the Ci~y's future General ~ 3. The proposed use or action as conditioned complies with State phnning and zoning hws. Reference local OrdinnnceS No. 348, 460; and California Governmental Code Sections 65000=66009 (Planning and Zonin~ Law). health or welfare. The projea as designed and conditioned will not adversely affea the public 5. The vropoml will not have u adverse e~ea on surrounding property. It does not wprr~at a significant change to the preseS or planned land use of the area. As condifioned, the pro~ea conforms with applicable land use and developmere r~Zula~ms. 6. The project has acceptable access to dedicated ri~hts-of-way which are open to, and useable by, vehlculsr traffic, The project draws access from Winchester Road and. condifioned, COnfOrmS With applicable City S~:qgjneering $taadak~t$ aBd OldinsnCel. 7. The project as ~ and amdi~oned will not adversely affect the built or natural environment as detennln,-d in ttz Environm~l Analysis for this project. F. As condifioned lmx'sm~ to SEC'IION IH, the Temmive Parcel Map is compatible with the health, safety and welfare'of the SECTION II. ~nvhonm~!Con~li~n,-~.. An Initial Study prepared for Plot Plan No. 239 indlc~ed that although the ~ projea could have a signfficant impact on the eliVirOnmer~ ~ wOgki ~ be a $i~Di~iCJu~t ~t in this Ca$~ bec'a,q!~ the :lxfi'ti~ltion meastlres descn'bed in the Condifiom of A43pmval have been adtied to the project, and a Negative Declaration, thr.,tdoic, was granted. ~ 27336 rmffinns th~ Negative Dechration prepared for Plot Plan No. 239. SECTION HL Conditions. That the City of Temecula Phnning Commi~,siotl hereby approves Tentative Parcel Mnp No. 27336 for Reversion to Acreage of eleven (11) tmrcels on appwxlmately 11.15 acres located northerly of Winchoste; Road between Calle Empleado and Diaz Road and known as Assessor's Parcel No. 909-310-024 through 028 and 41 through 46 subject to the following conditions: 1. ~ce Attachmere No. 2. SECTION IV. PASSED, APPROVIm AND ADOPTED this 20th day of April, 1992. JOHN K HOAGLAND CHAIRMAN I m~lmy CERTIFY that the foregoing Resoluti~ was duly adopted by the Planning Commi~sioll of the ~ Of Temecula at a regular meeting thereof, held on the 20th day of April, 1992 by the following vote of the Commi,~sion: AYES: NOF_,S: AI~: PLANNING COMMISSIONEI~: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: 10 ATrACHR4ENT NO. 2 CONDITIONS OF APPROVAL 11 crrYoF~ CONDITIONS OF APPROVAL Tentative Parcel M~ No. 27336 Projectl:~:ffl~x: P,~eniontoAm~a~of~(11)pare~ Assessor's Parcel No.: 909-310-024 through 28 and 41 through 46 The tentative subdivision slmll comply with the 8tsXe of c'_~xfornia Subdivision Map Act and to all the x~cluiremeats of O~nce 460, Axticle XVI, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Msp Act and City Ov~irsr,,'e, upon writ~ request, ff made 30 days prior to the Any delinquent protgxty taxes ~h~all I~ paid prior to recordation of the final map. The applicant shah comply with the environmental health recommendatiDns Outlina:! in the County Health Depamnent's trnn.~miffni dated March 7.5, 1992, a copy of which is The applicant shall comply with the x~zzmunendations outlined in the Rancho Water Disu~ transmittal dated March 12, 1992, a copy of which is attached. The developer shall be responsible for mai~mnce and upkeep of all dopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other pa~ies as q3proved by the Planning Dixeaor. 7. Prior to recordation of the final map, an Environmental Constrnints Sheet (F. CS) shall be preFIx~ in conjuncdon with the final map to delineate identheied environmenUtl concerns and shall be permanently filed with fi~e office of the City v, nEineer. A copy of the BCS shall II:)c l~n.~nitl:crJ TO fi:lC plnnnin_,~ Depart~nent for x~,view and q~nral. The approved BCS shall be forwarded with copies of the recorded final map to the P!anninE . \ and the Deparnne of SundinS and Safer. 9. An utilities, excqX e~ec~c-s lines rated 33kv or greater, shall be i.~,~He~ underground. DEPARTMENT OF PUBLIC WORKS The fonowiug are the DeparUnmt of Pub~ Works Conditio~ of ApVmva~ for this Parcel Map, 'and shall be completed at no cost to any Goven, ment Agency. All questions regarding the true meaning of the co~,tltlom shall be refe~ed to the ai,pn~,jate staff person of the Department of Pubtic Works. It is understood that the Subdivider has co,-octly shown on the tentative map all existing and proposed easements, traveled ways, impmvanents conmaims and dra~ courses, and their omission may require the project to be resubmitted for fm',her z~*view and rev~'on. PRIOR TO RECORDAT~ON OF ~ FINAL MAP: 10. Purmant to Section 66493 of the Subdivision Map Act, any robdivision which is part of an existing P,-~'~memt District must comply with the r~airtmeats of said section.. 11. As deemed ,,~c~--ry by the DepatUnent of Public Works, the developer slmll receive written cimmnc~ from the following agencies: R-~tem Mpnicip*! Water Distflct; Riverside County Flood Control district; City of Temecula Fire Bureau; P~o,mi,~ Depmlm~4 Riverside County Realth Department; CATV Fr~nchi~; C, enml Telephone; Southern California Edison Company; and Southern California C.~as Company. 12. Basements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private piolx4ty. stating *Drainage easements shall be kept free of buildings and obmuctions." 13 15. 16. Prior to final map, the subdivider shall notify the C. ity's CATV Franchises of the Intent to Develop. Conduit shall be in.~'nned to CATV Standards at time of street A flood mitigation charge shall be paid. The charge shaH. equal the prevailing Area Drainage Plan .fee rate multipli~! by the area of new development. The charge is payable to the trlood Control District prior to i~,nnce of Fe,'m~fs. If the full Area Drainage Plan fee or mlti~.on charge has already ~ to this property, no new charge needs to be paid. ATrA~ NO. INITIAL STUDY ATTACHMENT NO. 3 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Backaround 1. Name of Proponent: 2. Address and Phone Number of Proponent: Date of Environmental Assessment: Agency Requiring Assessment: Name of Proposal, if applicable: 6. Location of Proposal: Rancho California Water District ~8061 Diaz Road. Temecula. CA (714) 676-4101 Auqust 26. 1991 CITY OF TEMECULA Plot Plan No. 239 (PP ~39)-Rancho California Water District Headauarters Comolex Between Avenida De Ventas and Winchester Road. aooroximatelv 3/4 mile west of Diaz Road Environmental Impacts (Explanations of all answers are provided on attached sheets.) Yes 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? __ b. Disruptions, displacements, compac- tion or overcovering of the soil? X c. Substantial change in topography or ground surface relief features? __ d. The destruction, covering or modi- fication of any unique geologic or physical features? _ Mavbe N~) X X X SSTAFF~m2=S."" 27 ~Yes Mavbe No S%STAFFRPT~31.1eIe Any substantial increase in wind or 'water erosion of soils, either on or off site? Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? Air. Will the proposal result in: Substantial air .emissions or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Alterations to the course or flow of flood waters? 28 X X X X X X X X Yes Maybe NO Sl~T'AFFIRPT~39.PP Change in the amount of surface 'water in any water body? Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow or ground waters? Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts · or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Plant Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, or endangered species of plants? Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Substantial reduction in acreage of any agricultural crop? 29 X X X X X X X X Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals '(birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? be Reduction of the numbers of any unique, rare or endangered species of animals? DeteriOration to existing fish or wildlife habitat? 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 ne'w light or glare? Land Use. Will the proposal result in'a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Y~s Maybe No _ X X X X X 30 Yes Mavbe No 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, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: 'Generation of substantial additional vehicular movement? Effects on existing parking facili- ties, or demand for new parking? Substantial impact upon existing transportation systems? Alterations to present patterns of circulation or movement of people and/or goods? Alterations to waterborne, rail or air traffic? Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X X X X X X X X S~frAFFRIrr~231.PP 31 Ve~ Mavbe No 14. 15. 16. Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: Energy. a. 'Fire protection? Police protection? Schools? Parks or other recreational facilities? Maintenance of public facilities, inc. luding roads? Other governmental services: Will the proposal result in: 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 systems? Water? Sewer or septic tanks? Storm water drainage? Solid waste and disposal? X X X X X X X X S~$TA~"~F'n'=~.~' 32 ~es Mavbe No 17. 18. 19. 20. Human Health. Will the proposal result. in: Creation of any health hazard or potential health hazard (excluding *' mental health)? Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vim or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Cultural Resources. ae Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Will the proposal result in adverse physical or aesthetic effects To a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? .X X X X X X 33 Yes Mavbe No 21. Mandatory Findings of Signfficance. ae Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? be Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? (A short-tarm 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.) Oe Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? X X X S~S'rAFFINrr~31.PP 34 III Discussion of the Environmental Evaluation Earth 1.a. 1.b. 1.C. 1.d. 1.8. 1.f. 1.g. Air 2.a,b,c. No. Construction is not proposed at depths sufficient to adversely affect geologic substructures of the site. Similarly significant grading/fill activities are not proposed - no significant impacts. Yes. Compaction and overcovering of soil is necessary to implement the proposal. The relatively nominal Scale of this project does not indicate likelihood of significant impacts on regional topography or soil characteristics. No. Reference Items 1 .a and 1 .b. The subject site is essentially' level at · present. Further, fill activities of significance are not proposed. Ng. No unique geologic or topographic features currently exist on the subject ·site. Ng. Nominal alterations in regional surface erosion patterns can be expected if this project is eventually realized. Proposed additional on-site structures and paving will likely reduce erosion at the project site; resulting in additional off-site drainage discharge volumes. Impacts on regional drainage characteristics are insignificant as mitigated by project specific drainage conveyances. (Reference City of Temecula Engineering Department Conditions of Approval.) No. Construction is not proposed that would logically affect distant beach sands. Neither should the project produce deposition/erosion potentially modifying stream channels or lake beds. NO. The subject site is. not affected by known earthquake, landslide, mudslide or ground failure hazards. Further, all proposed fill/compaction and subsurface construction shall conform to applicable City and Uniform Building Code standards. No. Addition of localized air pollutants will result from increased vehicle traffic' accessing the project site with little or no noticeable regional impacts. Short term increases in localized pollutants and associated noxious odors are likely during construction activities. Impacts are not considered significant regionally. Water 3.a. 3;b. 3.c, 3.d,e. 3.f,g. 3.h. 3.i. Plant Life 4.a-d. No. The proposed structure is not located within defined marine or fresh water flows. No. Currently permeable ground will be rendered impervious as a result of this proposal. Consequently, surface runoff and absorption rates on the proje{~t site itself will change. Site drainage shall conform with plans approved by the City of Temecula. Necessary improvements to effect proper site drainage shall be as indicated in the attached drainage plans and project conditions of approval. No significant impacts on drainage patterns are anticipated. Reference also Item 1 .e. No, Plans proposed at this time indicate no potential adverse on or off site flooding impacts. Proposed drainage plans and all related necessary improvements shall be as specified by the City Engineering Department. No. Increased runoff from the project site may nominally increase surface levels and turbidity of off-sits bodies of water with no impacts of significance. No. Reduced permeation at the project site may eventually affect underlying groundwater. Impacts of this project individually are considered insignificant. No. Water consumption rates typical of small commercial/industrial projects is proposed. All' water consumption activities are subject to monitoring and allowances specified by the applicable purveyor. Proposed vehicle washing activities shall .utilize recycled water per applicable local and state requirements, Landscaping and irrigation shall respect current drought conditions affecting the City as specified in the project Conditions of Approval an~l exhibited by the proposed project landscape and irrigation plan concepts. No. Reference Item No. 3.c. No. The project site is currently barren of all vegetation, new plant species which may be introduced as a result of required site landscaping cannot be considered invasive because of the referenced lack of existing on-site vegetation. Similarly, no impacts are anticipated on agricultural assets. S~STAFmm::..~ '36 Animal Life 5.8'C. No. Minor losses of common urban species, e.g., small lizards, insects, rodents, and their habitats may result from this project. Numerically and qualitatively, these losses are considered environmentally insignificant. Further, if not previously paid, the applicant is required to submit Stephen's Kangaroo Rat habitat procurement fees in the amount specified by City ordinance. Such monies are to be used for purchase of suitable habitat for the Kangaroo Rat as it is gradually displaced due to generalized development of the Temecula Valley. This proposal contributes incrementally to regional displacement of the Kangaroo Rat. Noise 6°8. Maybe. Minor increases in local ambient noise levels will occur. NO, subsequent to project implementation and commercial/industrial occupancy of the project site. Area-wide noise impacts will be insignificant. Proposed hours of operation shall conform with normal business hours of operations, generally considered to be between 7:00 A.M. and 8:00 P.M. Short term construction noise levels generated may- result in temporary localized disturbances considered insignificant as adjacent properties are currently vacant. Light and Glare No. While the project could potentially impact night skies, the proposal is required to comply wi{h applicable City/Palomar Observatory lighting policies and ordinance(s). These policies and ordinances address potential night-sky lighting impacts of development proposals that might logically affect activities of the Mr. Palomar Astronomical Observatory. Land Use m No. The project is conSiStent with underlying land use ordinances and Southwest Area Plan guidelines affecting the subject property. No change in Land Use designations is proposed in conjunction with this project; no anticipated impacts. Natural Resources 9.a,b. No. The proposal is of limited scale and 'will not logically deplete substantial amounts of renewable or non-renewable natural resources. S~,STAFFRFT%23S.PP 37 Risk of Upset 10.a,b. No. Use and storage of hazardous substances e.g. waste oil/petroleum products' proposed has been reviewed and approved in concept by the Riverside County Fire Department and the Riverside County Department of Environmental Health Services. Potential risk of upset involving hazardous substances e.g. fuel, oil, petroleum wastes, is reduced to insignificance through compliance with the attached project Conditions of Approval. POD~ ,letion 11. No. The project does not contain population relocation elements, Housing 12. No. No housing is proposed to be added nor deleted. Transoortation/Circulation 13.a,C. NO. Commercial/industrial construction of relatively limited scale is proposed, generating similarly limited amounts of destination traffic. Traffic generated will consist primarily of daily Rancho California Water District operations vehicles and commuting employees, Nominal amounts of visitor traffic can also .be expected, Regionally, traffic impacts of this individual project are determined to be insignificant. Further, the project is required to contribute monies to area-wide, as well as localized public improvements (e,g,, signalization mitigation) proportionate to the proposal's anticipated impacts as determined by the City Public Works Department. 13.b. Yes. In compliance. with City ordinance and project specific requirements,the project provides a total of 537 additional off-street,. improved parking spaces as referenced in the proposal's Conditions of Approval (attached), and as indicated on Staff Report Exhibit D. 13.d. No.. The project will at'tract additional destination traffic, primarily employees and service vehicles, to the subject site upon its implementation. Impacts on regional circulation patterns are expected to be insignificant given the proposal's limited scale. Reference also Item 13.a. 13.e. Nq, The project is not in a location which will logically affect waterborne, rail or air traffic, nor does it propose addition-or deletion of such facilities. S~qTAFFRP'~239.PP 38 13.f. Mavbe, Increases in traffic generated by this proposai may consequently increase the possibility of traffic accidents. Impacts are likely to be unnoticeable in view' of the proposal's limited scope and proposed infrastructure improvements supporting the project. Public Services 14. a-c. Maybe, New commercial/industrial development may generate at least nominal increased demands for police and fire protection services, utility provisions and, indirectly, schools. Mitigation is realized through project- specific building permit fees, assessment districts, property taxes, and similar funding mechanisms. 14. d. Maybe. Construction is not proposed which will directly impact schools or parks. However, the applicant is required by state law to contribute applicable school fees as partial mitigation for secondary impacts on school systems resulting from the commercial/industrial development proposed. 14.e. Yes. -Construction of new roads and associated increases in road maintenance activities in the immediate vicinity of the proposal will be required due to proportionate increases in traffic generated locally. Mitigation of such impacts are as specified by the City Public Works · Department in the project's Conditions of Approval, attached. 14. f. NO, Impacts on other governmental services have not been identified at this time. Energy 15.a,b. No. Reference Item Nos. 9.a. and b. Utilities 16.a-f. N~, Service line extensions and increased demands can be expected for the utilities referenced. The facility itself supports regional water acquisition and distribution activities. No significant impacts are anticipated. Human Health 17.a,b. No, The project does not include introduction of potential health hazards of significance to the region; nor are there existing identified health hazards at the project site. Potential hazards associated. with use and storage of toxic materials on the subject site are mitigated per the attached project Conditions of Approval. S~qTAFFRPT~231 .pfl 39 Aesthetics 18. Recreation N¢, The application has been reviewed for architectural quality and compatibility by the City, and is considered appropriate in the context of existing and proposed development in its vicinity. 19. No. Additional recreational assets are not proposed, nor are they to be deleted in conjunction with this project; direct impacts on recreational facilities are not anticipated. Cultural Resources 20.a. No. Construction is not proposed that will logically affect known archaeological religious or cultural assets; no identified impacts. .20.b. Nq, The proposal is not within an identified historic preservation/conservation district. As such, impacts on the existing character of historic assets in the region are unlikely. 21.a,b, c,d. No. Reference Item Nos. 1-20. S~STAFFFIrr%239.PP 40 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I-find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is- required. August ~6, 1991 Date For CITY OF TEMECULA ATTA~ NO. 4 EXHINITS 16 .CITY OF TEMECULA ': SITE · / ./ CASE NO.: Tentative Pared Map No. 27336 E3L'ltTRIT: A P.C. DATE: April 20, 1992 ,,,-,- SITE SWAP - Exhibit B 'C ~// -~.\ \ '.\ Dellration: Light Industrial (l !) // t \\\ ~ - -~ ZONING - Eaddbit C Case No.: Tentative Parcel Map No. 27336 P.C. Date: April 20, 1992 ManufacUring-Ser~ce Commercbd (M-SC) SV'rA.FP]Uq'~/3~,TIq~ .CITY OF TEMECULA TENTATIVE. ,,LN. BEIL!IIrmAIIQCIATII F~P,[ D / · / / il' II111 Clam,l, CASE NO.: Tentative Parcel Map No. 27336 Exnmrr: D TENTATIVE PARCEL MAP NO. 27336 P.c. DATE: April 20, 1992 S~'r~.TPM CITY OF TEMECULA CASE NO.: Tentative Parcel Map No. 27336 EXHIRIT: E P.C. DATE: April 20, 1992 PLOT PLAN NO. 239 ATTACHMENT 5 PLOT PLANNo. 239 CONDITIONS OF APPROVAL ATTACHMENT NO. 2 CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No: .739 Project Description: ~onstruction of the new Rancho C*liforniA Water District HeAdqm,~rters Comelax as follows: 40,000 square feet 2 stow office building - 13,000 square feet single stow warehouse structure - 20,000 square feet single storyoperations/ maintenance building - Rancho California Water District Employee, Service .Storage Yard & Visitor Parking Areas totaling 537 spaces Assessor's Parcel No.: 909-1 ~0-0.~4 (Parent No,) Planninn r~enartment The use hereby permitted by this plot plan is for construction of the new RanchO California Water District Headquarters Complex as follows: 40,000 squ~re feet 2 stow office building, 13,000 sq,ft, single stow warehouse structure, 20,000 square feet single stow oPerations/maintenance building and supporting Rancho California Water District employee, service storage yard and visitor parking areas, The PermitTee shell defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City of Temecula, its advisoW agencies, apPeal boards, or legislative body concerning Plot Plan No. 239. The City of Temecula will promptly notify The permittee of any such claim, .action, or proceeding against the City of Temacula and will cooPerate fully in the STAFFemaaS.PP 16 defense. If the City fails to promptly notify the permittee of any such clain~--~ action or prOceeding, or fails to cooperate fully in the defense, the permitte~ shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. This approval shall be used within two (2) years of approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two {2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. This approval shall expire on . The development of the premises shall conform substantially with that as shown on Plot Plan No. 239 marked Exhibit D, or as amended by these conditions. Prior to the issuance of grading or building permits, {3) copies of a Parking, Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning Department for approval. The location, number, genus, species, and container size of the plants shall be shown. Plans shall meet all requirements of Ordinance No. 348, Section 18.12, and shall be accompanied by the appropriate filing fee. All landscaped areas shall be planted in accordance with approved landscape. irrigation, and shading plans prior to the issuance of occupancy permits, or within the time frame specified by the City Planning Director and City Building Official. An automatic sprinkler system shall be installed and all landscaped areas shall be maintained in a viable growth condition. Planting within ten {10) feet of an entry or exit driveway shall not be permitted to grow higher than thirty {30) inches. 7: Five hundred and thirty-seven parking spaces, designed in accordance with Section 18.12, Riverside County Ordinance No. 348, shall be provided as shown on the Approved Exhibit D. The parking area shall be surfaced with asphaltic concrete paving to a minimum depth of 3 inches on 4 inches of Class II base. A minimum of 5 handicapped parking spaces shall be provided as shown on Exhibit D. Each paring space reserved for the handicapped shall be identified by a parrnanently affixed reflector,zeal sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not-be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height if 80-inches from the bottom of the sign to the parking space finished grade, or centered at a $TAFFRPT~231.PP 17 minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted 'in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: 10. 11. 12. 13. 14. 15. "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephone " In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. A Plot Plan application for a Sign Program shall be submitted and approved by the Planning Director prior to occupancy. Building elevations shall be in substantial conformance with Exhibits F. 1, F.2. Materials used in the construction of all buildings shall be in substantial conformance with Exhibits F. 1, F.2 and Exhibits i.1, !.2. Roof-mounted equipment shall be shielded from ground view. material shall be subject to Planning Department approval. Screening Prior to the final building inspection approval by the Building and Safety Department, a six foot high decorative wall shall be constructed the perimeter of the project's proposed vehicle storage yard as illustrated on the project site plan, Exhibit D. The required wall shall be' subject to the approval of the Director of the Department of Building and Safety and the Planning Director. All trash enclosures shall be constructed prior to the issuance of occupancy permits. As a minimum, each enclosure shall be six feet in height and shall be Constructed of materials architecturally compatible with the primary facility, utilizing a steel gate which screens bins from external view. Landscaping plans hsall incorporate 'the use of minimum 24" box canopy tress along streets, and within parking areas. Additional landscaping as approved by the. Planning Director shall also be provided along the project site's northeasterly perimeter wall. 16. 17. 18. 19. 20. 21. Prior to the issuance of grading permits, the applicant shall comply with Ordinance No. 663 (Stephen's Kangaroo Rat Habitat Conservation and Procurement) by paying the fee required by that ordinance which is based on the gross acreage of the parcel proposed for development. Should Ordirmnce No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required by Ordinance No. 663, the applicant shall pay the fee required under the Habitst Conservation Plan as implemented by County ordinance or resolution. Seven (7) Class II bicycle racks shall be provided in convenient locations as approved by the Planning Director to facilitate bicycle access to the project area. Prior to the issuance of building permits, performance securities, in amounts to be determined by the Director of Building and Safety to guarantee the installation of plantinge, walls, and fences in accordance With the approved plan, and adequate maintenance of the planting for one year, shall be filed with the Deparm~nt of Building and Safety. Contingent upon availability of irrigation' water, prior to the issuance of occupancy permits all required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. Alternatively, installation of landscaping may be secured by bonding means, and in amounts specified by the Director of Planning; and installed at such times as irrigation water is in adequate supply as determined by RCWD and the City Planning Director. Witkin forty sigkt' H0) heur3 cf 'tl.e opprovcl ef tl.; project, the applia=nt/devela~cr ekdl dr. Aivor to the RannL~u D;;artm,,ont a ca;biers chock or money order payable to the County Clark in the cmount of One Thouoond, Tw8 I lung;a, I~;voT, ty Rye Dellere (e1,27E.O0), wkioh, inoludoe the One Thousend, Two I lundrod, Fifty D~llors ($ 1 ,250.00) re;, in compliance with AD 31FsO, ro,tuirod ~y Fish e~,," Gc~,,r, Go,"; CBetien 71 t .~l(J)(2) plus th; Twenty Five Dollar (e2g,00) County 3dminietrotivo foe to enable the City to file the Netice of Dot~r,,,i, ,---ti;n roquircJ und~,r rtu,~lie Reseureea C;,~o Bootion 211 C2 end I q Col. CoJc ef rleguletie=s 1 CO7C, If within ouch forty ;ight He) hour period the opplioontJdovolopor hoe not delivered to the Ronning Deportment the chock required above, the approval for the project granted heroin ohsll be void by roesen ;f failure af ;onditia,~, Rsh on,~ Gems Or, do 6oation 7t 1 .q (o). All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. s~A~Fr~sg... 19 Enr~ineerinq nenartment The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Govornmont Agonoy, the City of Temecula. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmittsd for further consideration. PRIOR TO ISSUANCE OF GRADING PERMITS: 22. As deemed necessary by the City Engineer or his representative, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; and Parks and Recreation Department. 23. The developer shall submit two (2) prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Building Code and Chapter 70 as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24"x 36" mylar by a Registered Civil Engineer. 24. The developer shall submit two (2) copies of a soils report specifically related to the project site to the Engineering Department. The report shall address the soils stability and geological conditions of the site, as well as the structural design of driveway and parking lot areas. 25. A Geological Report shall be prepared by a qualffied engineer or geologist and submitted at the time of application for grading plan check, and shall address the restricted use zone, fault line area; and areas of potential liquefaction and subsidence as identified by the report prepared by Schaefer Dixon Associates, dated June 7, 1989 and August 15, 1989, for PM 21383. ~I'AFFRFT~.~ 20 26. 27. 28. 29. 30. 31. 32. A grading permit shall be obtained from the Engineering Department prior commencement of any grading outaide of the City-maintained road right-ot- way. No grading shall take place prior to the improvement plans being substantially complete, appropriate clearance letters having been received, and subsequently approved by the City Engineer. If grading is to take place between the months of October and April, erosion control plans will be required. Erosion control plans and notes shall be submitted and approved by the Engineering Department. All site plans, grading plans, landscape and irrigation plans, and street improvement plans shall be coordinated for consistency with approved plans. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the City Engineer's Office. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during constrdction. The subdivider shall construct Or post security and an agreement shall be executed guarantaeing the construction of the following public improvement:" in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, and traffic control devices as appropriate. b. Storm drain facilities. 33. c. Landscaping (street parkway), d. Undergrounding of proposed utility distribution lines if needed. 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. STAFFem23,.~, 2 1 34. 35. Drainage calculations shall be submitted to and approved by the City Engineer. All oneire and offsite drainage facilities shall be installed as required by the City Engineer. Adequate provisions shall be made for acceptance and disposal ef surface drainage entering the property from adjacent areas. 6, All concentrated drainage directed toward the public street shall be diverted through the undersidewalk drains. PRIOR TO ISSUANCE OF BUILDING PERMIT: 37, A precise grading plan and site improvement plan shall be submitted to the Engineering Department for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions, 38. Lot Line .Adjustment 21 shall be approved by the Planning Department and a copy of the recorded documents shall be provided by the applicant to the Department of Public Works prior to any building permits being issued, 39, 40. 41. 42, A Parcel Map for reversion to acreage shall be prepared and submitted to the Planning Department to be recorded over the affected parcels of Parcel Map 21383. The Parcel Map shall be recorded prior to issuance of any building permits, Prior to issuance of a building permit, the developer shall deposit with the Engineering Department a cash sum as established per acre as mitigation for traffic signal impact, Prior to building permit, the subdivider shall notify the City's C.A.T.V. Franchises of the intent to develop. Conduit shall be installed to C.A.T.V. Standards prior to issuance of Certificates of Occupancy. 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 Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement .for payment of Public Facility fee, a copy of which has bee~l provided to developer. Concurrently, with executing this Agreement, develop~ shall post a bond To secure payment of the Public Facility fee. The amount of The bond shall 'be $2.00 per square foot, not To exceed $10,000. 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). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of This' Agreement, The formation of any traffic impact fee district, or the process,. levy, or collection of any traffic mitigation or Traffic impact fee for this project; nrovided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 43. A minimum flowline grade shall be 0.50 percent. Oneire improvement plans per City Standards for the private streets or drives shall be required for review and approval by the City Engineer. 45. All landscaping adjacent to driveway approaches shall be installed to provide for adequate site distance. 46. All driveways shall conform to the applicable County of Riverside standards c a commercial curb return approach may be used and shall be shown on the street improvement plans in accordance with County Standard 400 and 401 (curb sidewalk). The easterly driveway on. Winchester Road, and the two driveways on Avenida De Ventas shall be a minimum width of 36 feet. The two westerly driveways on Winchester Road shall be a minimum width of 30 feet. Riverside County Fire Department With respect to the conditions of approval regarding the above referenced plot plan, The Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: 47. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings. using the procedure established in Ordinance 546. s~*~mm2a,.~. 23 49, 50. 51, 52. 53. 54. 55, 56, 57. The applicant/developer shall provide or show there exists a water system capable of delivering 4000 GPM for a 3 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is place on the job site. A combination of on-site and off-site super fire hydrants, on a looped system (6"x4"2~x2½), will be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation or built-in fire protection measures, The applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall. conform to the fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "1 certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." The applicant/developer Shall install a complete fire sprinkler system in all buildings. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building{s) will be automatically fire sprinklered must be included on the title page of the building plans. The applicant/developer shall install a supervised waterflow monitoring fire alarm 'system, Plans must be submitted to the Fire Department for approval prior to installation, as per UBC. A statement that the building will be automatically fire sprinklered must appear on the title page of the building plans, -. Occupancy separation will be required as per the Uniform Building Code, Section 503, The applicant/developer shall install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. Low level Exit Signs, where exit signs are required by Section 3314(a), Certain designated areas will be required to be maintained as fire lanes. STAFFIqlrT~239'PP 24 The applicant/developer shall install portable fire extinguishers with a minimum~ rating of 2A-10BC. Contact a certified extinguisher company for prop placement of equipment. 59. Applicant/developer shall be responsible for obtaining underlpeund or aboveground permits .from both the County Health and Fire Departments, 60. Prior to the issuance of building permits, the applicant/developer shall be responsible to submit a check or money order in the amount of ~558.00 to the Riverside County Fire Department for plan check fees, Prior to the issuance of building permits, the applicant/developer shall deposit, with the City of Temecula, a check or money order equaling the sum of 25 C per square foot as mitigation for fire protection impacts, This amount must be submitted senar~telv from the plan check review fees. 62. Applicant/developer shall be responsible to install · fire alarm system, Plans must be submitted to the Fire Department for approval prior to installation, 63. Final conditions will be addressed when building plans are reviewed in the Building and Safety Office, All questions regarding the meaning of conditions shall be referred to the Planning and._. Engineering staff. .. Riverside ~oa,nW r~nertment nf Health The Environmental Health Services has reviewed PlOt Plan No, 239 and has no objections, Sanitary sewer and water service~ should be available in this area, Prior to any building plan review for Health clearance, the following items are required: 64. "Witl-serve" letters from the appropriate water and sewering agencies. 65. 'A clearance letter from the Hazardous Services Materials Management Branch (Jon Mohoroski, 358-5055), will be required indicating that the project has been cleared for: Underground storage tanks Hazardous Waste Generator Services Hazardous Waste Disclosure (in accordance with AB 2185) Waste reduction management 66. Waste Regulation Branch (Waste Collection/LEA approvals). $TAFFIqlmT~23i.PP 25 Note: Any curren! additional requirements not covered, can be applicable at time of Building Plan review for final Environmental Health Service-clearance. Ciw of-Temec,da Denartment of euilding and Safety 67. A request for street addressing must be made prior to submittal Building Plan Review. 8e The applicant/developer shall comply with applicable provisions of the 1988 editions of the Uniform Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California State Administrative Code, Title 24 Handicapped and Energy Regulations and the Ternecula City Code. 69. Lighting on site and located on structures shall comply with Mount Palomar Lighting Ordinance No. 655, rr,u=Fmrn2a..~. 26 ATTACHMENT NO. 3 PLANNING COMMISSION MINUTES OF OCTOBER 7, 1991; PUBLIC HEARING ITEM NO. 8 PLOT PLAN NO. 239 S%STAFFRPT~239-PP. CC 11 ATTACHMENT 6 PARCh. MAP No. 27336 CONDITIONS OF APPROVAL 1989 Cl TY OF TEMECULA June 3, 1993 Robyn Wilcox Rancho California Water District 28061 Diaz Road Temecula, CA 92590 Subject: Tentative Parcel Map No. 27336, Reversion to Acreage, Rancho California Water District Dear Ms. Wilcox: The City of Temecula City Council, at it's meeting of May 26, 1992 approved Tentative Parcel Map No. 27336, a Reversion to Acreage on the property generally located at the northerly side of Winchester Road between Calle Empleado and Diaz Road in Temecula. Attached are the final Conditions of Approval. If I can be of further assistance, please call me at (714) 694--6400. Sincerely, Saled Naaseh Associate Planner ~bie Ubn'f /fiff e'~sk{: Senior Planner vgw Building and Safety Public Works $k~TAIqc'~36App. LTR 4317'4 BIJ$1NP_5$ PARK DIdlYE · TE,MECULA. CALIFORNIA 9~590 · PHONE (714) 694-1989 · PAX (714) 694-1999 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Paml Map No. 27336 Project Description: Reversion to Acreage of eleven (11) parcels Assessor's Parcel No.: 909410-024 through 28 and 41 through 46 PLANNING DEPAR~ The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Article XVI, 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. s This conditionally appwved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is May 26, 1994. 3. Any delinquent propony taxes shall be paid prior to recordation of the final map. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated March 25, 1992, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal dated March 12, 1992, a copy of which is attached. 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 appwved by the Planning Director. s Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepaw2 in conjunction with the f'mal map to delineate identified environmental concerns and shall be permanently fried 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. s~Amumm~u.cc 10 All utility systems including gas, electric, tolephonc, writer, sewer, and cable TV shall be provided for undorground, with easements provided as r~uired, and dcaigned and constructed in accordance with City Codes and the utility providcr. Telephone, cable TV, and/or security aystcms ahall bc pw w,ircd in the roaidcncc. "All--.. utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility prorider." (Amended at Planning Commission Meeting on April 20, 1992) 9. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. DEPAR~ OF PUBLIC WORKS The following are the Department of Public Works Conditions of Approval for this Parcel Map, 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 appropriate staff person of the Department of Public Works. It is understood that the Subdivider has correctly shown on the tentative map all existing and proposed easements, traveled ways, improvements, constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PRIOR TO RECORDATION OF THE FINAL MAP: 10. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. 11. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; ' City of Temecula Fire Bureau; Planning Department; Depaxtment of Public Works; Riverside County Health Department; CATV Franchise; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southern California Gas Company. 12. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. swr^vna,ruTss6~.cc 11 13. 14. 15. 16. The boundary and easements as shown on this map shall be consistent and shall be coordinated with adjoining developments, and be consistent_ with the conditions of approval for Hot Plan 239. On sitc cL-zinagc facilities, locanxl outsidc of mad .ight of way, shall bc contained withi~ drninage ~asements sho~n on tho f'mnl map. A notc shall be addod to the fnnl map stating "D. ninngc ~omonts shall bc kcpt ftec ef buildings and obstructions." "As deemed necessary by the Department of Public Works, onsite underground drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the f'mal map. A note shall be added to the f'mal map stating 'Drainage easements shall be kept free of buildings and obstructions."' (Amended at Planning Commi.~sion me~ting on April 20, 1992) Prior to final map, the subdivider shall notify the City's CATV Fnnchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street nnprovements. 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 Distri.'ct 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. SU'OW.MSUtr=S-X.M-^.CC 12 ATTACHMENT 7 FEES AND SECURITIES REPORT CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 27336 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY Streets and Drainage $ 0.00 Water $ 0.00 Sewer $ 0.00 ~TOTAL $ 0.00 DATE: December 8, 1992 MATERIAL & LABOR SECURITY $ 0.00 $ 0.00 $ 0.00 $ 0; 00 'l'~Mintsmmx:m $at.~.h-, (lOl fm~ ms Imsr) * (~ ~ if work is .mSast. si) $ 0.00 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 (Quimby) $ $ $ $ $ $ $ 0.00 N/A PAID PAID PAID N/A N/A Planning Department Fee Comprehensive Transportation Plan Fee Plan Check Fee Inspection Fee Monument Inspection Fee Total Inspection/Plan Check Fees Less Fees Paid To Date (Credit) Total InspectionlPlan Check Fees Due $ $ $ $ $ $ $ 102.00 8.00 770.00 0.00 0.00 880.00 880.00 0.00 ITEM NO. 11 APPROVAL CITY ATTORNEY ~~, FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM.; City Council/City Manager ,~Tim D. Serlet, Director of Public Works/City Engineer DATE: December 8, 1992 SUBJECT: Completion and Acceptance of Bike Lanes Striping project No. PW92-03 PREPARED BY: :~(~'c Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council accept the Bike Lane Striping, Project No. PW92-03, as complete and direct the City Clerk to file the Notice of Completion, release 'the Performance Bonds, authorize the release of the construction retention thirty-five (35) days after filing of the Notice of Completion, and authorize the release of the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. BACKGROUND: On May 26, 1992, the City Council awarded a construction contract to Works Striping & Marking Service, Inc. for striping bike lanes at various locations within the City of Temecula (Project No. PW92-03). The contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the City Engineer. FISCAL IMPACT: On May 26, 1992, the City Council approved the appropriation of $43,523 for the signing and striping for the Bike Lane Project PW92-03. The signing and striping cost breakdown for this project is as follows: $16,035.84 for the signing (Central Cities Sign Co.), and $26,274.78 for the striping (Works Striping & Marking Service, Inc.). The final project cost total is $42,310.62. pw04%agdrpt%92%1208~,92-03.oorn 1124 RECOPrqN~ B=QUBTED BY AND RETURN TO: CrrYCLERK CITY OF TEMECULA 43174 iaejneee Peek Drive Temeoule, CA e269o SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter descdbed. 2. The full address of the City of Temecula is 43174 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to: WORKS STRIPING & MARKING SERVICE, INC. to perform the following work of improvement: BIKE LANE STRIPING. 4. Said work Was completed by laid company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on December 8, 1992. That upon said contract the AMERICAN MOTORISTS INSURANCE COMPANY was surety for the bond given by the said company as required by law. 5. The property on which Mid work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PROJECT PW92-O3: VARIOUS LOCATIONS' WITHIN THE CITY OF TEMECULA. 6. The street address of said property is: NOT APPLICABLE. Dated at Temecula, California, this _ day of · 1992. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS JUNE S. GREEK, City Clerk I, June S. Greek, City Clerk of the City of Ternecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, Califomia, this day of · 1992. JUNE S. GREEK, City Clerk Fmme/CIP-OOl ]iv. ~1 pwO4~pwg2-O3~4mmpbut.not 1118~2 ITEM NO. 12 APPROVAL CITY ATTORNEY~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council David Dixon City Manager December 8, 1992 Implementation of Worker's Compensation for Volunteer Workers PREPARED BY: Luci Romero RECOMMENDATION: Adopt a resolution entitled:. RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING SPECIFIED VOLUNTEER WORKERS TO BE EMPLOYEES FOR THE PURPOSES OF WORKER'S COMPENSATION AND INSURANCE LAW BACKGROUND: The City of Temecula has developed an active and effective volunteer program. The program provides personnel resources for various projects and tasks. However, while the City is free to accept donated labor, the fact that the City is not paying for these services does not relieve the City from potential liability. Section 3361.5 of the Labor Code allows cities to declare volunteers employees for the purposes of Worker's Compensation laws. Given that Worker's Compensation provides exclusive remedy to those covered, it would be prudent and desirable to extend coverage to volunteers in order to limit the City's liability. FISCAL IMPACT: The additional costs for Worker's Compensation coverage for Volunteers is projected at $5,500, for the remainder of the fiscal year, however no new appropriations are required. RESOLUTION NO. 92- A RF_.,~LUTION OF THF~ CITY COUNCIL OF THE CITY OF TEMECULA DECLARING SPEcI~'aK- VOLUNTEER WOI~KERS TO BE EMPLOYF-~-~ FOR THE PURPOSES OF WORKER'S COMPENSATION AND INSURANCE LAW WIR;KEAS, Section 3361.5 of the Labor Code of the State of California provides that a volunteer, unsalaried person may be, upon adoption of a resolution so declaring, be deemed an employee for the purposes of Work~r's Compensation and Insurance Law; and WHERe&S, the City Council of the City of Temecula desires that certain of its volunteen shah receive Workn"s Compensation coverage. NOW, TH~:R,:~ORE, BE IT RP-~OLVED, by the City Council of the City of Temecula as follows: Section 1. Volunteers who are now, or may be assigned to specified City projects and whose names are listed on the City's Roster of Volunteers for a given project are hereby declared to be employees for the purposes of Worker's Compensation and InSurance Law. Section 2. The City Clerk shall certify to the passage of this Resolution. PASSED, APPROVED AND ADOFrED by the City Council of the City of Temecula at a regular meeting held on the 8th day of December, 1992. ATI'P~T: Patricia H. Birdsall, Mayor June S. Greek, City Clerk [SEAL] Itssos 287 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMBCULA ) I HEl~glIY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 8th day of December, 1992, by the following vote of the Council: COUNCILMEMBERS: NOES: COUNCILMI:~-MBERS: CO~CILME~:. June S. Greek, City Clerk Re. sos 287 ITEM NO. 13 ORDINANCE NO. ~2-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY BY APPROVING THE CHANGE OF ZONE APPLICATION NO. 5724 CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL) TO R-1 (ONE FAMILY DWELLINGS) ON PROPERTY LOCATED ON THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND TItE EASTERLY SIDE OF TEMECULA CREEK INN. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findin~,s. That the Temecula City Council hereby makes the following findings: Public hearings have been heard before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. The application for the Change of Zone 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 amended hereafter from time to time by the City Council of the City of Temecula, and the City of Temecula Official Zoning Map is amended by placing in effect the zone or zones as described in change of Zone No. 5724 and in the above title, as shown on zoning map attached hereto and incorporated herei n. 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 Effec{. This Ordinance shall be in full force and effect thirty (30) days after ifs passage. The City Clerk shall certify to the adoption of the Ordinance and cause copies of the Ordinance to be posted and published as required by law. Ords 92-18 -1- PASSED, APPROVED AND ADOPTED this 241h day of November, 1992. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 92-18 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 241h day of November, 1992, and that thereafter, said Ordinance was duly adopted and passed a regular meeting of the City Council on the th day of ,1992 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk Ords 92- i 8 -2- ITEM NO. 14 APPROV CITY ATTORNE~~~~'~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Planning Department DATE: December 8, 1992 SUBJECT: Appeal No. 28 for Plot Plan No. 245, Amendment No. 1 PREPARED BY: Matthew Fagan RECOMMENDATION: The Planning Department Staff recommends that the Council: Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING APPEAL NO. 28, UPHOLDING PLANNING COMMISSION'S DECISION TO DENY PLOT PLAN NO. 245, AMENDMENT NO. 1, TO ALLOW THE CONSTRUCTION OF ONE (1) V-TYPE OUTDOOR ADVERTISING DISPLAY LOCATED ON THE EAST SIDE OF WINCHESTER ROAD APPROXIMATELY 1,200 FEET NORTH OF THE INTERSECTION OF WINCHESTER AND NICOLAS ROADS, AND KNOWN AS ASSESSOR'S PARCEL NO. 911-150-005. City BACKGROUND Plot Plan No. 245 was submitted to the City of Temecula Planning Department on July 15, 1992. The applicant submitted this Plot Plan pursuant to Section 4.A. of Ordinance No. 92- 06 (the hardship clause contained within Ordinance No. 92-06). Staff conducted a preliminary review of the submittal and informed the applicant that the necessary findings could not be made for their hardship request. The applicant was also informed that if the Plot Plan application was pursued, Staff could not support a recommendation of approval. This information plus comments relative to amendments to the submittal were conveyed in a letter to the applicant dated August 5, 1992. The applicant chose to pursue the application and re- submitted an amended site plan on August 14, 1992. Plot Plan No. 245, Amendment No. 1 was denied by the Planning Commission at the September 21,1992 meeting. No one spoke in favor or in opposition to the project, however, Staff received two letters in opposition (see correspondence) and two phone calls in opposition to the project. Commission discussion centered upon the hardship request by the applicant and on the likely probability that the proposal for a V-Type Outdoor Advertising Display would not be consistent with the City's future General Plan. The vote of the S~STAFFRFT~BAPPEALCC Commission was four in favor of denying the Plot Plan and one (Commissioner Ford) opposed to denying the Plot Plan· Commissioner Ford stated four reasons for his Opposition to denying the proposed plot plan: Due process was not followed in the initial processing of the applications with the County of Riverside. e The applicant did incur a hardship - they expended money, however no approvals were ultimately granted. Ordinance No. 92-06, Section 4.A. (the hardship provision) should be decided by the City Council· Consistency with the future General Plan was not substantiated - it is still in a draft format and has the potential for change. FISCAL IMPACT None Attachments: 2. 3. 4. 5. Resolution No. 92- - page 3 Planning Commission Minutes - page 9 Planning Commission Staff Report - page 10 Correspondence/Petitions - page 11 Exhibits - page 12 S~STAFFRFT%28AP!tcALCC 2 ATTACHMENT NO. 1 RESOLUTION NO. 92- S%STAFFRPT~.28APFcALCC 3 ATTACHMENT NO. 1 RESOLUTION NO. 92- A RESOL~ON OF'THE CITY COUNCH,, OF ~ CITY OF TEMECULA DENYING APPEAL NO. 28, UPHOI.r}ING FLANNING COMMISSION'S DECISION TO DENY PLOT PLAN NO. 245, AM~.NDMF. NT NO. 1, TO ALIX)W THE CONSTRUCTION OF ONE (1) V-TYPE OWrlK)OR ADVERTISING DISPLAY LOCATED ON ~ EA$T:glDE~: OF WINCFff. cJTER ROAD APPROXIMATELY 1,200 FEET NORTH OF ~ INTERSECTION OF WINCHESTER AND NICOLAS ROADS, AND KNOWN AS ASSESSOR'S PARCEL NO. 911-1~0-00~. WHEREAS, Adams Advertising fried Plot Plan No. 245 on July 15, 1992; WHF, REAS, an Amendment No. 1 to Plot Plan No. 245 was Fried on August 14, 1992; WI~REAS, said Plot Plan application was processed in the time and manner prescribed by State and local law; WIIEREAS, the Planning Commission conducted a public hearing pertaining to said Plot Plan on September 21, 1992, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plan; WHEREAS, at the conclusion of the Commission hearing, the Commission denied said Plot Plan. WI~~, Ariains Advertising, Inc. fried Appeal No. 28 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; ' WHEREAS, said Appeal application was processed in ~e time and manner prescribed by State and local law; WItEREAS, the City Council conducted a public hearing pertaining to said Appeal on December 8, 1992, at which time interested persons had opportunity. to testify eiffier in support or opposition to said Appeal; and WI-IRREAS, the City Council received a copy of the Staff Report regarding ~e Appeal; NOW, T!~'-REFORE, ~ CITY COUNCIL OF TBY. CITY OF TEMECIR, A DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: S~STAFFRPT~2RAPI:~:AL.CC 4 Section 1. Findini, s. That the Temecula City Council hereby makes the following fmdings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a genera/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: general plan. The city is proceeding in a timely fashion with the preparation of the 2. The phnning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a.' There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with 'all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as mended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecuh as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. 'The proposed Plot Plan is consistent with the County of Riverside SWAP Guidelines and meet the requirements set forth in Section 65360 of the Government Code, to wit: 1. The Planning Commission finds, in denying pwjects and taking other actions, including the issuance of building penits, pursuant to this rifle, each of the following: a. There is a likely probability that the land use or action proposed will not be consistent with the General Plan proposal being considered or studied or which will be studied within a reasonable time. b. There is a probability of substantial detriment to or interference with the future adopted General Plan if the proposed use or action is ultimately inconsistent with the plan. S~$TAFFRFT~BARnF'ALCC 5 c. The proposed use or action does not comply with all other applicable requirements of state law and local ordinances. D. Pursuant to Section 18.30(c) of Ordinance No. 348, no plot plan may be approved unless the following findings can be made: 1. The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. 2. The overdll development of the land is designed for the protection of the public health, safety and general weftare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. to wit: The City Council, in denying the Appeal No. 28, makes the following f'mdings, 1. There is a likely probability that Plot Plan No. 245, Amendment No. 1 will not be consistent with the General Plan proposal being considered or studied or which will be studied within a reasonable time. The Draft Preferred Land Use Plan designation for the project site is Medium Density Residential. The proposed sign is inconsistent with this land use designation. In addition, the proposed sign is inconsistent with the Draft General Plan Land Use and Community Design Elements, due to its impact upon the surrounding development and the fact that the proposed project site is a potential "gateway" to: the City. 2. There is a probability of substantial detriment to or interference with the future adopted General Plan fithe proposed use or action is ultimately inconsistent with the plan. The erection of one (1) V-type Outdoor Advertising Displays will be inconsistent with the proposed land use designation of Medium Density Residential for the site. There are existing residential uses to the west of the project site and residential development is proposed to the northeast and the east of the site. In addition, the Community Design Element has determined that the area of the project will be a "gateway" to the City. By approving the proposed Outdoor Advertising Display, the proposed General Plan Goals and Policies will be difficult to obtain. 3. The proposed use or action does not comply with all other applicable requirements of state law and local ordinances. Section 4.A. of Ordinance No. 92-06, prohibiting the establishment of Outdoor Advertising Displays, contains hardship provisions, which have not been demonstrated to exist for the proposed sign. Approval was never granted by the Riverside County Planning Department, and the subsequent approval procedure with the City of Temecula was not pursued. 4. The proposed sign is not designed for the protection of the public health, safety and general welfare and does not conform to the logical development of the land. Further, the sign is not compatible with the present and future logical development of the surrounding property. At the current time, the subject project site is zoned for industrial development. The Draft Preferred Land Use Plan has been developed and the designation for the site is Medium Density Residential. The present development in the immediate area is vacant to the south, east and portions north of the site. Residential uses exist to the north/northwest of the site. S\STAFFRP'I'~AlaI:tcAL'CC 6 Approved uses will include residentinl uses to the north and east, with commercial and industrial uses to the south. The sign as proposed, wffi not be consistent with the immedinte surrounding development. In addition, the Community Design Element identifies this area as a potential gateway to the City, the development of which would not include Outdoor Advertising Disl~lays. Section 2. F, nvironmental Compli nnce. The City of Temecula City Council hereby determines that Appeal No. 28 is a statutory exemption under CEQA pursuant to Section 15270 (a) of the CEQA guidelines. $~TAFFRFT~BAPPf, ALCC 7 Section 3. DENIfl) AND ADOPTED this 8th day of December_, 1992. ATrF, ST: PATRICIA H. BIRDSALL MAYOR June S. Greek, City Clerk [SF L] STATE OF CAIxFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 92-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the __ day .of , 1992, and that thereafter, said Ordinance was duly adopted and passed a regular meeting of the City Council on the th day of ~, 1992 by the following roll call vote: ' AYES: COUNCII3/IEMBERS: NOES: COUNCILMEMBERS: CO~CII3IEMBERS: June S. Greek, City Clerk S~STAFFRFT~21kPPF, ALCC 8 ATTACHMENT NO. 2 PLANNING COMMISSION MINUTES S%STAFFRFT~BA!aFtcAL'CC 9 PLANNING COMMISSION MINUTES SEPT;MBER .~1, 1992 Winchester Road, approximately 1,200 feet north of the intersection of Nicholas Road and Winchester Road. Plot Plan No. 946 Proposed erection of one V-Type outdoor advertising display on the east side of Winchester Road, approximately 1,850 feet north of the intersection of Nicholas Road and Winchester Road. Matthew Fagan presented the staff report. Chairman Fahey opened the public hearing at 6:15 P.M. Michelle Adams, Adams Advertising, 19081 Rocky Road, Santa Ana, stated that the most important issue was whether or not this is a hardship case. Ms. Adams stated the hardship is necessitated by the processing time at Riverside County. Based on hardships incurred by the landowner, who at the time of application had a legally zoned piece of property; the community has suffered a hardship due to the fact that several local advertisers had expressed an interest in advertising on these signs; and Adams has incurred a economic hardship because the signs should have been approved 2 1/2 years ago. It was moved by Commissioner Blair, seconded by Commissioner HoGgland to close the public hearing at 6:35 P.M. and Adopt Resolution No. 92-034 denying Plot Ran No. 245, Amendment No. 1 and Plot Plan No. 246, Amendment No. I based on findings I through 4, page 6 and 7 as identified in staff report The motion carried as follows: AYES: 4 COMMISSIONERS: Blair, Chiniaeff, Hoagland, Fahey NOES: I COMMISSIONERS: Ford Commissioner Ford clarified that he voted against the motion because he did not feel that due process was followed. e Specific Plan I (CamDos Verdes} ChanGe of Zone 5617 Environmental Impact Report No. 348 SPecific Plan 263 [Temecule ReGional Center) ChanGe of Zone 5589 Environmental linGact Reoort No. 340 Soeci~c Plan 255 (Winchester Hills) ChanGe of Zone 5532 PCMIN9121/92 -3- el23/12 NON-PUBLIC HEARING ITEMS Develooment Code It was moved by Commissioner Ford, seconded by Commissioner Hoagland to appoint Commissioner Chiniaeff as Planning Commission representative to the Development Code Committee. The motion carried as follows: AYES: 4 COMMISSIONERS: NOES: 0 COMMISSIONERS: None ABSENT: I COMMISSIONERS: Blair Commissioner Blair arrived at 6:10 P.M. Chiniaeff, Ford, Hoagland, Fahey 4. Noise Ordinance John Meyer presented the staff report. Chairman Fahey questioned where the issue of the noise ordinance originated from. Gary Thornhill advised that it originally came as a result of problems occurring at the School District bus maintenance facility. Mr. Thornhill added that staff does not feel the ordinance being presented deals with the kinds of problems it should address, therefore staff would prefer to postpone action on this item until completion of the noise element portion of the General Plan. It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to postpone action on this item until completion of the Noise Element portion of the General Plan. The motion carried as follows: AYES: 5 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None PUBLIC HEARING ITEMS 5. Plot Plan No. 245 Proposed erection of one V-Type outdoor advertising display on the east side of PCMINg/21/92 -2- 9123/92 ATTACHMENT NO. 3 PLANNING COMMISSION STAFF REPORT S~ST,'~-~-n2e3'PS~CC 10 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION September 21, 1992 Case No.: Plot Plan No. 245, Amendment No. I and Plot 'Plan No. 246, Amendment No. I Prepared By: Matthew Fagan RECOMMENDATION: ADOPT Resolution No. 92- denying Plot Plan No. 245,' Amendment No. I and Plot Plan No, 246, Amendment No. 1 based upon the Analysis and Findings contained in me staff report. APPLICATION INFORMATION APPLICANT: Adams Advertising, InC. REPRESENTATIVE: Same PROPOSAL: LOCATION: To erect two (2) V-type Outdoor Advertising Displays. 'East side of Winchester Road approximately 1,200 and 1,850 feet north of the intersection of Nicholas Road and Winchester Road. EXISTING ZONING: M-SC (Manufacturing-Service Commercial) SURROUNDING ZONING: North: South: East: West: R-2 (Restricted Single-Family Subdivisions) SP 164 (Roripaugh Estates) SP 213 (Winchester Properties} R-R (Rural Residential) Residential PROPOSED ZONING: Not requested EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: West: Single-Family ResidencesNacant Vacant (SP 164 - Commercial/ Vacant (SP 2 13 - Resident/~l) Single-Family ResidencesNacant PROJECT STATISTICS Billboard No. I (Plot Plan No. 245): Height: 35 feet Height from Roadway Grade: 25 feet Size of Sign: 297 square feet Billboard No, 2 (Plot Plan N0. 246): Height: 35 feet Height from Roadway Grade: 25 feet Size of Sign: 297 square feet BACKGROUND The City of Temeculs has adopted a number of Ordinance regarding Outdoor 'Advertising Displays. Following is a chronology of Ordinances regulating Outdoor Advertising Displays: Ordinance No. 90-08: Adopted on April 24, 1990 and expired on June 8, 1990, Ordinance No, 90-08 was an urgency ordinance adopting an interim zoning ordinance pertaining to regulations for Outdoor Advertising Displays. Section 3 (a) stated: "Pending the completion and adoption of the General Plan of the City of Temecula together with associated signage regulation for the Land Use Code for the City of Temecula, the establishment of Outdoor Advertising Display is hereby prohibited and no application for sign location plan, plot plan or other applicable discretionary entitlement for an Outdoor'Adve.rtising Display shall be accepted, acted upon, or approved," Ordinance No. 90-09: Adopted on June 5, 1990 and expired on Alxil 24, 1991, Ordinance No, 90-09 was an urgency ordinance which extended interim Ordinance No. 90-08, Ordinance No. 91-.17: Adopted on April 23, 1991 and expired on April 23, 1992, Ordinance No. 91-17 was an urgency ordinance which further extended interim Ordinance No. 90-08. Ordinance No. 92-06: Adopted on April 28, 1992 and will expire on April 28, 1993. Ordinance No. 92-06 is a resolution pertaining to sign regulations and establishes regulations for the use of Outdoor Advertising Displays. Section 4.A. of Ordinance No, 92-06 contains a hardship provision which would permit commercial off-premises signs, provided that a finding of hardship is made by the Planning Commission. Following a noticed public hearing, a commercial off-premises sign may be approved subject to compliance with the provisions of Riverside County Ordinance No, 348, Article XIX (Advertising Regulations). ItiT~45-24e.lmP 2 Ordinance No. 92-07: Adopted concurrently with Ordinance No. 92-06 as an urgency ordinance. Aoolicant's Submittal to the County of Riverside Plannino Deoartment Two (2) applications for Outdoor Advertising Displays were originally submitted to the County of Riverside Planning Department on February 22, 1990. According to a chronology prepared by the applicant (reference Attachment No. 3), there was confusion involved in processing these applications through the County' of Riverside Planning Department. Based on the applicant's chronology, approval from the County of Riverside Planning Department was received on three separate occasions. Subsequently, they were finally informed by Riverside County that their project was within the City of Temecula and therefore, no permits could be issued. The applicant's request for a "hardship exemption" is based on the processing time at Riverside County. The applicant feels that if their applications were processed in a timely manne~ through Riverside County, then they would have had their approval/permits prior to the City of Temecula moratorium on Outdoor Advertising Displays. Attachment No. 4, dated May 7, 1990, are the County of Riverside notices that the signs were to be considered by the County of Riverside Planning Department. Attachment No. 5, dated May 31,1990, are denial letters by the County of Riverside Planning Department for the proposed displays. Although the denial letters are not signed, the date on the denial letters indicates that the projects were being processed by Riverside County after the moratorium was established in the City of Temecula. City Staff requested either an approval letter or approved exhibits from the applicant, however none of the requested items could be provided, Submittal to the Ciw of Temecula Plot Plans No. 245 and 246 were submitted to the City of Temecula Planning Department on July 15, 1992. The applicant has submitted these Plot Plans pursuant to Section 4.A.. of Ordinance No. 90-06 (the hardship clause contained within Ordinance No. 92-06). Staff conducted a preliminary review of the submittal and informed the applicant that the necessary findings could not be made for their hardship request. The applicant was also informed that if the Plot Plan applications were pursued, Staff could not support a recommendation of approval. This information plus comments relative to amendments to the submittal were conveyed in a letter dated August 5, 1992. The applicant chose to pursue the applications and re-submitted amended site plans on August 14, 1992. Staff reviewed the re-submittals and determined that the projects were complete. PROJECT DESCRIPTION Plot Plan No. 245 is a proposal to erect a V-type Outdoor Advertising Display on the east side of Winchester Road, approximately 1,200 feet north of the intersection of Nicholas Road and Winchester Road. Plot Plan No. 246 is a proposal to erect a V-type Outdoor Advertising Display on the east side of Winchester Road, approximately 1,850 feet north of the intersection of Nicholas Road and Winchester Road. Total height of each Outdoor Advertising Display shall be thirty-five (35) feet, however from the roadway grade, the signs shall be twenty-five {25) feet in height. The distance between the two signs is approximately 640 feet. The separation of the display faces on the V-type signs is twenty-five (25) feet. m'STAIBFqqPT~4S'24e-IIP 3 ANALYSIS ADDr0Val Procedures- The Riverside County Planning Department processed applications for the City of Temecula until July, 1990, All projects which were processed by the County of Riverside Planning · Department were ultimately placed on .the agendas of the City of Temecula City Council, According to Ordinance No, 89-13, notice of all decisions of the County Planning Director and the County Planning Commission were to be filed with the Clerk of the City Council within fifteen {15) days after the decision, No notice of decision for those two plot plans was received by the City of Temecula City Clerk, end the Outdoor Advertising Display applications were never received for action by the C.ity of Temecula City Council, A hardship was not incurred since there is no official approval by the County of Riverside Planning Director (reference Attachment No, 4, letter to Mr, David Dixon dated September 12, 1990, which states: "Due to the series of circumstances enumerated above, the sign applications would not be approved"), In the event that the projects were approved by Riverside County, the above mentioned procedure would have to be followed, Since the procedure was not followed, the City Council would not have the opportunity to act on the Riverside County Planning Director's decision if they had chosen to do so, City Council Denial of Other Outdoor Advertisina Disolev Anolications The City Council previously denied two appeals for Outdoor Advertising Displays. Both were denied during the review period for the 8pplicant's Outdoor Advertising Displays by the Riverside County Planning Department. Plot Plan No. 1170 was denied on February 27, 1990 and Plot Plan No. 1168 was denied on March 13, 1990. Findings to support both denials included aesthetic concerns of the proposed signage, and inconsistency and incompatibility with present and future development of the surrounding ~oparty. Both Of the applications were denied prior to the moratorium on Outdoor Advertising Displays which went into effect on April 24, 1990. Inconsistency with Draft Fut-re General Plan The proposals to locate two (2) V-type Outdoor Advertising Displays on the east side of .Winchester Road, (one display approximately 1,200 feet north of the intersection of Winchester and Nicholas Roads and the other approximately 1,850 feet north of this intersection) are likely to be inconsistent with the City's future General Plan for the following FeBSOnS: The Draft Preferred Land Use Plan designation for the subject project site is Medium Density Residential. If the Draft Preferred Land Use Plan is ultimately adopted, then the proposed Outdoor Advertising Displays would be inconsistent with the residential designation for the site. Residential uses exist to the west of the project site and are proposed to the northeast and the east. The Outdoor Advertising Displays would not be compatible with these residential uses. Section E of the Land Use Element of the Draft General Plan states: "Residents want adequate buffering from non-residential uses in terms of light, noise, traffic impacts and neaative visual imoacts." · wrN~R~4s-a4e.~, 4 Section B of the Community Design Element of the Draft General Ban identified the northern portion of the City along Winchester Road as a "gateway" to the City. It is further elaborated in Section E: "The primary entrances or "gateways" to the City should be clearly defined through monumentation, signage and extensive landscape design features". The intent of Section E will not be met if Outdoor Advertising Displays are erected in this area. Policy 1.4 of the Land Use Element is to "Consider the impacts on surrounding land uses and infrastructure when reviewing proposals for new development." The proposed project is inconsistent with the Draft Preferred Ben, the Land Use Element and the Community Design Element, due to its impact upon the surrounding development and the fact that the proposed project site is a potential "gateway" to the City. Twenty-Five {~5) Wide Transoortetion Corridor ;-sement The Southwest Area Community Ban (SWAP) contains a palicy which requires a twenty-five (25) foot transportation easement along Highway 79 tWinchester Road). Staff has been requesting that right-of-way be set aside for this easement on both sides of Highway 79 for all projects for future traffic mitigation programs. The applicant currently proposes to locate the subject outdoor advertising displays within this right-of-way. The SWAP states: "This easement may be used for additional parking and/or landscaping until such time it is needed for transportation improvemerrcs." In the event that the Banning Commission approves the proposed outdoor advertising displays, it is Staff's recommendation that the two (2) outdoor advertising displays be relocated, since they are permanent structures, and they should not be located within this right-of-way. EXISTING ZONING, SWAP AND FUTURE GENERAL PLAN CONSISTENCY Existing zoning for the project site is Manufacturing-Service Commercial (M-SC). Outdoor Advertising Displays are a permitted use with an approved plot plan in the M-SC zone. The proposed signage meets the requirements prescribed under Section 19.3 of Ordinance No. 348. The SWAP designation for the project site if General Light Industrial (LI). The SWAP elaborates that the LI category is applied to areas that have been committed to the Manufacturing-Service Commercial (M-SC) zone. The Draft Preferred Land Use Plan designation for the project site is Medium Density Residential. Although the existing zoning and the SWAP identify the subject property as Light Industrial, Staff cannot make the finding that the proposed project will be consistent with the City's future General Ban based upon the projects inconsistency with the .Draft Preferred Land Use Ban as.well as inconsistency with the Land Use and Community Design Elements of the Draft' General Ban. ENVIRONMENTAL DETERMINATION Plot Plan No. 245, Amendment No. I and Plot Plan No. 246, Amendment No. 1 are statutorily exempt pursuant to Article 18, Section 15270 of the California Environmental Quality Act (CEQA). CEQA does not apply to projects which a public agency rejects or disapproves. $~"TAIsFFFT~46-}48.PIm 5 S UMMARYICONCLUSION$ Plot Plans No. 245 and 246 are proposals to erect two {2) V-type Outdoor Advertising Displays on the east side of Winchester Road, north of the intersection of Winchester and Nicholas Road. Ordinances No. 90-08, 90-09, 91-17, 92-06 and 92-07 have been adopted to .regulate the use of Outdoor Advertising Displays. The applicant previously submitted two applications for Outdoor Advertising Displays to the County of Riverside Planning Department, however, no approvals were received for the projects. The applicant has submitted two plot plan applications to the City of Temecula under a hardship provision contained in Ordinance No. 92-06. Serf has determined that a hardship has not been incurred by the applicant for the following reasons: 1. No approvals'were received from the County of Riverside Planning Department. e The City Council never acted or had the opporturdty To act upon the proposed projects which were processed by the County of Riverside. The applications were being processed by the County of Riverside after the moratorium was placed on the use of Outdoor Advertising Displays by the City of Temecula. The proposed Outdoor Advertising Display applications will be inconsistent with the City's future General Plan. The subject property has been 'clusified as Medium Density Residential on the Draft Preferred LaRd Usa Plan, end the use would be inconsistent with the land use designation. Residential uses exist To the northwest end the north and are proposed to the east of the subject site. The proposed signage would be incompatible with these uses. The subject site has been identified as a potential gateway to the City end therefore, the use would be detrimental in attaining a gateway appearance. The proposed signage is statutorily exempt from the California Environmental .Quality Act (CEQA). FINDINGS There is a likely probability that Plot Plan No. 245, Amendment No. 1 and Plot Plan No. 246, Amendment No. 1 will not be consistent with the Genarel Plan proposal being considered or studied or which will be studied within a reasonable time. The Draft Preferred Land Use Plan designation for the project site is Medium Density Residential. The proposed signs are inconsistent with this land use.designation. in addition, the proposed signs are inconsistent with the Draft General Plan Land Use and Community Design Elements. There is a probability of substantial detriment to or interference with the future adopted General Plan if the proposed use or action is ultimately inconsistent with the plan. The erection of two (2} V-type Outdoor Advertising Displays will be inconsistent with the proposed land use designation of Medium Density Residential for the site. There are existing residential uses to the west of the project site and residential development is proposed to the northeast and the east of the site. In addition, the Community Design Element has determined that the area of the project will be a "gateway" to the City. By approving the proposed Outdoor Advertising Displays, the proposed General Plan Goals and Policies will be difficult to obtain. S~rAFFlqleT~4~24e.PP 6 e The proposed use or action does not comply with all other applicable requirements of state law and local Ordinances. Ordinance No. 92-06 prohibits the establishment of Outdoor Advertising Disl~lays. Section 4.A. of Ordinance No. 92-06 contains hardship provisions, however, a hardship has not been demonstrated to exist for the proposed signs. Approvals were never granted by the Riverside County Planning Department, and the subsequent approval procedure with the City of Temecula was not pursued. The proposed signs are not designed for the protection of the public health, safety and general welfare; and do not conform to the logical development of the land. Further, the signs are not compatible with the present and future logical development of the surrounding property. At the current time, the subject project site is zoned for industrial development. The Draft Preferred Land Use Ran has been developed and the designation for the site is Medium Density Residential. The present development in the immediate area is vacant to the south, east and portions north of the site. Residential uses exist to the north/northwest of the site. Proposed uses will include residential uses to the north and east, with commercial end industrial uses to the south. The signs, as proposed, will not be consistent with the immediate surrounding development. In addition, the Community Design Element identifies this area as a potential gateway to the City, the development of which would not include Outdoor Advertising Displays. STAFF RECOMMENDATION: ADOPT Resolution No. 92- denying Plot Ran No. 245, Amendment No. 1 and Plot Plan No. 246, Amendment No. 1 based upon the Analysis and Findings contained in the staff report. Attachments: 2. 3. 4. 5. Resolution No. 92- - blue page 8 Exhibits - blue page 13 Chronology and Letters Submitted by the Applicant - blue page 14 County of Riverside Notices of Decision - blue page 15 County of Riverside Planning Director Denials - blue page 16 S~TAFFzltFT~4~,24~.PP 7 ATTACHMENT NO. 1 RESOLUTION NO. 92- S~ST~245- 24e .PiP ATTA~ NO. 1 RESOLUTION NO. 92- A I~'F, OLUTION OF Tn'E PLANNING COMMISSION OF THE CITY OF TEMFEULA DENYING PLOT PLAN NO. 245, ~~ NO. 1 AND PLOT PLAN NO. 246, AMENDMENT NO. 1 TO ERECT TWO (2) V-TYPE OUTDOOR ADVERTISING DISPLAYS ON A PARCEL CONTAINING 6.70 ACRES LOCATED ON THE EAST SIDE OF WIN~~ ROAD, APPRO~~Y 1,200 AND 1,SS0 ~ NORTH OF THE INTERSEL'TION OF WINCHESTER AND NICHOLAS ROADS AND KNOWN AS ASSESSOR'S PARCEL NO. 911-Lq}-005 W~H~.&S, Adams Advertising filed Plot Plan No. 245, Amendment No. 1 and Plot. Plan No. 246, Amendment No. 1 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by xdezence; V(IYK'~R~,S, said Plot Plan applications were processed in the lhne and manner prescribed by State and local law; WIrERR,~S, the Planning Commission conducted apublic heaxing pa'mining to said Plot Plans on September 21, 1992, at which time intctv.,tcd persons had opportunity to testify either in suplx>n or opposition to said Plot Plans; and WI~IF_AS, at the conclusion of the Commission heating, the Commission denied Plot Plans. NOW, TI:IER~-~ORE, THE PIANNING COM1VHgSION OF ~ CITY OF TEMECULA DOES ILVE, DETERMINE AND ORDER AS FOt.tOWS: Section 1. Findings. 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 foliowing 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 req~ents are met: general plan. The city is proceeding in a timely fashion with the preparation of the ~%~TAI~45-2,48.PP 9 2. The planning aZency finds, in approving projects and raking 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 co~-~nt with the Seneral plan proposal beiq considered or studied or which b. There is little or no probability of substantial detriment to or interference with the future adopted Zeneral plan if the la~,~posr, d use or action is ultimately i nconsisrgnt with the plan. c. The p, oluse~v use or ~tion complied with all other applicable requirements of sta2 hw and local or~--,~'~. 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 guidelines while the City is p, occcding in a timely fashion with the pt,~.,~.--fion of its Gen~ Plan. C. The proposed Plot Plans are consistent with the SWAP and meet the requirements set forth in Seaion 65360 of the Government Code, to wit: The City is Focca4ing in a timely fashion with a prepantion of the general 2. The Planning Commis~on finds, in denying projects and raking other actions, including the issuance of building permits, pursuant to this fitie, each of the following: a. There is a lik~.ly probability that the ]and use or action proposed will not be consistent with the General Plan proposal being considered or studied or which will be studied within a reasonable time. b. Ther~ is a probability of substamial' detriment to or interference with the future adopted General Plan if the proposed use or action is ultimaw. ly inconsistent with the plan. c. The proposed use or action does not comply with all other applicable requirements of siam hw and local ordinance. D. Pursuant to Section 18.30(c), no plot plan may be approved unless the following findings can be made: s~sr~,m,r~4s.m~, 10 1. The proposed use must conform to all the General Plan requircmcnts and with all applicable requirements of state law and City ordinances. 2. The overall development of the land is designed for the protection of the public health, safety and general w~; conforms to the logical development of the land and · is compatible with the present and future logical development of the surrounding property. E. The Planning Commission, in denying the proposed Plot Plans, makes 'the following findings, to wit: There is a likely pwbability that Plot Phn No. 245, Amendment No. 1 and Plot Plan No. 246, Amendment No. 1 will not be consistent with the Genera/Plan proposal being considered or studied or which will be studied within a reasonable time. The Draft Preferred Land Use Plan designation for the project site is Medium Density Residcnti:~l. The proposed signs are inconsistent with this land use designation. In addition, the proposed signs are inconsistent with-the Draft General Plan Land Use and Community u There is a pwbability of substantial detriment to or intoflu'once with the future adopted General Plan ff the proposed use or action is vldmNely inCtm-el-eent with the plan. The erection of two (2) V-type Outdoor Adverti~ng Displays will be inconsistent with the proposed land use designation of Medium Density Residential for the site. There are existing residential us~ to the west of the project site and zz~sifien6nl development is proposed to the northeast and the east of the site. In addition, the Community Design Element has determined that the ax~a of the project will be a "~ gazway" to the C-.itT. By appwving the proposed Outdoor Adv~g Disphys, the proposed Gena=al Plan Goals and Policies will be difficult W obtain. The proposed use or action does not comply with all other applicable requirements of state law and local ordinances. Ordinance No. 92-06 prohibits the establishment of Outdoor Advertising Disphys. Section 4.A. of Ordinance No. 92-06 contains hardship provisions, however, a hardship has not been demonsu'ated to exist for the proposed signs. Approvals were never granted by the Riverside County Planning Department, and the subsequent approval procedure with the City of Temecuh was not pursued. The pwposed signs are not designed for the pw,tection of the public health, safety and general welfare; and do not conform to the logical development of the land. l:urther, the signs are not compatible with the present and future logical development of the surrounding property. At the current lime, the subject project site is zoned for industrial development. The Draft Preferred Land Use Plan has been developed and the designation for the site is Medium Density Residential.. The present development in the immediate area is vacant to the south, east and portions north of the site. Residential uses exist to the north/northwest of the site. Proposed uses will include residential uses to the north and east, with commercial and industrial uses to the south. The signs, as s~sTam, m~-~e,m. 11 proposed, will not be consistent with the immedi=te surrounding development. In addition, the Community Design Element identifies this area as a potential gateway to the City, the development of which would not include Outdoor-Advertising Displays. Seefin 2. Cnndiflons. That the City of Temec,,i- Planning Commls~on hereby denies Plot Plan No. 245, Amendment No. 1 and Plot Plan No. 246, Amendment No. 1 to erect two ('2) V-Type Outdoor Advertising Disphys on a parcel containing 6.70 acr~ located on the east side of Winchester Road; app, o~mataly 1,200 and 1,830 feet north of the intersection of Winchester and Nicholas Roads and known as Assessor's Parcel No. 911-150005 LINDA CHAIRMAN STATE OF CALr~ORNIA) COUNTY OF RIVERSIDE) SS CrrY OF~) I l~:Rs~ny CERTIFY that the foxygoing R~solution was duly adopted by the Planning Commission of the City of Temec, d~ at a regular mee~ thereof, held on the 21st day of September, 1992 by the fonowinS vote of the Comm~.~o~: AYES: NOES: ABSENT: PLANNING COMMI-~SIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: GARY THORNmr msT,e,we',r~4~a4e.pp 12 ATTACHMENT NO. 3 CHRONOLOGY AND LETTERS SUBMITTED BY THE APPLICANT ~ S'.S'rAFF~m24r,-24~.,, 14 19081 Rocky Road, Santa Ana, Calilornia 92705, (714) 838-9026 · FAX (714) 730-5461 - adarns advertising, inc. April 14, 1992 VIA CERTIFIED MAlL P.-793 513 483 Mr. Gary Thornhill Planning Director City of Temecula P.O. Box 3000 Temecula, CA 92390 Re: Application for Billboards in Accordance with Ordinance No. 91-20, Section 4 Dear Mr. Thornhill: Some time ago, we met and discussed a situation where, as a result of a series of errors made by Riverside County,' we did not receive permits for two signs that should have been issued. Enclosed is a letter from Riverside Coun=y that you may recall. It outlines some of wha= occurred and supports the faSt.that a mistake was made. Ihope this helps refresh your memory of this issue and of our meeting. I have also enclosed a chronology of identifying what occurred, together with a plo~ plan and map ' the Sign locations- We believe these circumstances constitute a hardship in that we were erroneously precluded from building signs. As a result, businesses and developers in the southwest area have suffered a hardship as they have been wrongfully denied the opportunity to promote their business.by being denied' the-ability to advertise on these signs. In light of the foregoing, it is our contention that we, together with the community, continue to suffer a hardship which we respectfully request you to relieve. Please'do not hesitate to call me if you have any questions or need any additional information- Thank you for your time and consideration. Yours truly, RECEIVED Michele AdzmS hA:dr IIUL 15 1992 IHOFTEMECULA CHRONOT .OGY 1) Applications were submitted to Riverside County February 22, 1990. 2) 3) 4) S) .6) 7) Processing should have been completed within 30-45 days and prior to City's imposed moratorium of April 24, 1990. Applications :were approved; then, "at the last moment" the required property owner's notices were not mailed out. No comments were.received, and the applications were again approved. Planner then t~ought signs were located within Specific Plan 213. - We immediately advised planner that property was not within Specific Plan 213. - Planner then had to verify this. Applications were again approved. Ultimately, we were advised that the property was now in the City of Temecula. Once again, the County was not ~ssuing the permits. Due ~.o the er=ors made by stiff, Adams was .advised of this after Temecula had established a billboard moratorium. These applications should have been administratively approved through the County, and if processed correctly, would have been approved. adams advertising, inc. September 13, 1990 Mr. Dart# Dixon, City Manager City of Temecula P.O. Box 3000 Temecula, C;4 92390 RE: Adams Advert/slag, Inc, . Appncatlons for Sign Permit Nee. f I83 and Y 18,~ Dear Mr. Dixon: ':li- E:ibiDE COUrlCu. PLARrli~G DEPA=IC IErli On February 22, 1990 Adams.Advertising, Inc. made application for two billboards to the County of Riverride. The signs were proposed to be situated on fie northeast corner of Winchester Road and Hamilton Avenue in what has now become the City of Temecula.' Typicafly, the Count7 would have coalplated the processlair of such applications within 60 days. Thus, in this case, processing would normafly have bean completed before the moratorium on new billboard$ was imposed by your City on April 24, 1990.. However, that '. was not the case. The Riverside CouLlty ..Planning Department; in fact, did approve' t,e applications but we discovered at the i&&r moment that the requlred notices to neighboring property owners were not mailed out. Furthermore, .there ~vas some confusion as to whether the two signs were to be Iocated aor/acent to Specific Plan No. 2 13. After the nOtice~/e. re.mailed, no comments were received, and the'applications' .~ere ~ZEjj2 apRroved. Before the P~rmits'couid be issued we discovered that the two sign Structures we're, in fact, propd~ed to be situated within the City of Temacula. ""' ' "' Due to the series of ct?cur~sta~ enumerated -b~e /he'dgn 'applications could not be approved. Howe~,er, the applications were, in fac~. in compliance with a// regulations in effect prior tO d~e Cicy's moratorium and.'Could ha(,e been acted upon favorably prior to fiat date. · Very ~rul~.y, ours, RIVERSIDE COUNTY PLANNING DEPARTMENT Joseph A. fitchards, Planning Director Mark F, Balys, .Chief D;puty P~.~.~ng Director .. MFB:aea co: Joseph $. Aklufi 4000 LEMON STREET, 9TH FLOOR 11733 COUNTRY CLUB DRIVE. SUITE E RIVf::R.~Ir')I: i'~.AI IFt"IFaNIA o')~nl tte~'f";tal lrkia IP~l Iklf"e? f'k, at If':'./'1, I--Hke! & FiPlek, d~.e ATTACHMENT NO. 4 COUNTY OF RIVERSIDE NOTICES OF DECISION ~ ~r~AFr.~P'n2~-=,~.R, 15 RIVERSIDE COUNTY PLANNING DEPARTNE~T 4080 LENON STREET, NINTH FLOOR. RIVERSIDE, CALIFORNIA 92501 (714) 275-3200 Joseph A. Rtchards, Planntng Dtrector As prescribed under the provisions of County Ordinances, thts ts to nottry you that the application referenced belw has been recetved to be considered by the RIverside County Planntng Department. Any person wtshtng to cement oe the project must submtt wrttten cremefits to the Planntng Department at the above address before Nay 7, 1990. NO PUBLIC HEARING on the appllutto6 shall be bel'd before a dectsfon ls rode unless a hearing ts requested fn wrlttng prtor to the aforementioned date by the applicant or other Iffected person, or ff the Planntng Dtrector datemines that a publlc heertng should be required. If a publlc bearing ts scheduled before the Planntng DIrector, you shall be notified. The proposed project application my be vtewed at the publlc Information counter, Nonday through Frtday from 9:00 I.m, unit14:OO p.m. Zf you have any comments to subrata or vtsh to request a publlc hearing, please return this sheet and return to th~s offtee by the above mentioned date. OUTOOOR ADVERTZSENENT 1184, exempt from CEQA, ts an application sulm~tt~l by Adama Advertising, Znc for property located tn the Nurrteta Area and Ftrst SupePvtsortal Dtstrtct and 9erierally described as the NE corner of WInchester Road 'and Hamtlton and made pursuant to Ordinance NO. 348, RIverside County LInd Use Ordinance whtch proposes and off-s~te stgn. CASE & NO. OUTDOOR ADVERTISE]qENT 1184 ! do not wtsh a public hearing to be held on thts case, but ! would 11ke. ' to subrata cants tn regards to thts project. Z am requesting that a publlc heartng be held on this case for the fol lo~lng reasons: understand that ! will be notlfted hear i rig. S~gnat, ure of the time and date of the' publlc Prtnt I~me Print 5treat Address Prtnt CIty/State Ztp RIVE:RSZDE COUNTY PLANNZNG DEPARTNENT 4080 LENON STREET, Nitrill FLOOR RIVERSIDE, CALIFORNIA gZSOl (7]4) ZTS-3ZO0 Joseph A. Rtchards. Planntng D~recter As pPescrlbed under the pPovtstons of County Opdtnances, thts ts to nettry .you that the application referenced baler his been received to be considered by the RIverside COunty Planntng Departant- Any person wlsh$ng to comment oa the pPo;Ject must submit ~ttten cowaches to the Pllnntng Dellarlztmt It, the ibove address before 1¢8 7 Z990. NO PUBL%C HEARING on the ippltcltton shall be held before I dects~on Is made unless e heart rig t$ requested tn writtrig prior to the aforementioned date by the applicant or other affected pePsoR, or ff the Pllfintltg DtPIcter doteminis that a publlc heartng should be required. If a public hearing ts scheduled before the Planntng DIrector, 3~lu shill be nottf$ed. The proposed pro~lect application my be vtewed It the publlc (nforsatton counter, Nonday through Friday from g:O0 I.m. unit14:00 p.m. If you have any cements to sulmtt or IriSIt to Pe~uest a public heartng, please return thts sheet and return to thts office by the above etaowed dote. OUTDOOR ADVERTZSE~IENT %%83, exempt from CEQA, ts an application subedited by Adorns Advertising, ]nc for property located In the Iqurr(et~ APea end Ftrst Supervisortel District ind generally described as the NE cowl' of WInchester Road and Ham(lion and rode pursuant to OPdtnlnce NO. 348, Rherstde COunty Lend Use Ordinance whtch proposes end off-site stgn. CASE & NO. OUTDOOR ADVERTISERENT ZZ83 I do not wtsh a publlc hearing to be held on thts use, but ! ~uld ltke ' to submit comments tn Pegards to thts prnJect- ! am requesting that a public heartrig be held on thts case for the fol lmwtng telsons: ! understand that ! ~111 be .ottfted of the tim aml date of the Iwbllc hoe rlng, SIgnature Prtnt Name Prtnt Street Address PrlnZ Clty/StJte ZIp ATTACHMENT NO. 4 CORRESPONDENCE/PETITIONS mST~FFRP~2m~PPS~LCC 11 PLA TlilI DEPAR ITIEilE ilAl~: 31 yBy 1990 Dear A~pllcant: IE: Plot Plan No.- ~ s L] Board of Supervisors took the follo~(n9 action on the above referenced ;lot ;1an: APPRDYED the Plot Plan, Exhtbtt , subject to the a~tached condt ttons. APPROYED the Plot Plan, Exhtbtt , sub:iect to the attached amended conditions. APPROYED the Plot Plan, Revtsed Exhtbtt , subject to the atbched condtttons .- APPROV(D 1he Plot Plan, Revtsed Exhtbtt , sub3ec~ to the attached mended conditions. UPHELD the appeal. DENIED the appeal. APPROVED toe ~TIg)RAWAL of the appeal request. APPROVED the WXTKDRAMAL of the Plot Plan. DENZED the Plot Plan based on the attached findtngs. ADOPT[D the Negattve Declaration on the EnYfromental "Assessment no~ed above. Thts action my be appealed to ~e [~ Planntng Cammission [] Board of Supervisors wtthtn ten (10) days of t~e da~e of thts notice.- The appeal must be made In wrtttng and submitted th a fee tn accordance w~th the fee schedul · to the appropriate deparlxent. An appeal of ' any condt tt on constitutes an appeal of the actton as · vhole 4nd requtres· hey pub11c heartrig before the a~pr~prta~e heartrig body. Very truly yours, RIYERSIDE COUNTY PLARNING DEPARTHENT 3~h A. Richa~, Plarm/z~ Diz~r cc: Representati ve - - - FIle , 295-~3 Itev~sed 8-10-88 Sian ~, Planner III o o 4080 LEMON ~FREET. 9TM FLOOR RIVERSIDE. CALIFORNIA 92501 (714) 787.-6181 46-209 OASIS STREET. ROOM 30- INDIO. CALIFORNIA 9220 (619) 342-827 PLAFIRiFI DEPAR filER DATE: 31 May 1990 BE:: Plot Plan IIo. l~ 4 Earlromental Assessa~nl~ go. N/A Ite~enal Teas No. Hi.rr ~~e Deer/~pllcant: L] bard of Supervisors took the following action on the above referaged plot plan: APPROVED the Plot Plan, condt t~ ons. APPROVED ~ Plot Plan, amended condfUons. APPRDV~D the Pl.ot Plan, attached condf Uons. hoPROVED the Plot Plan, atUched .mended cond~ ttons. UPHELD The appeal. ExMbtt , subject to the attached Exhibit , subject to the attached Rerised Exhtbtt , subject to the Rerised Exhtbit , subject to the DENZED the appeal. APPROYED the IfiTii)RAKAL of the appeal request. APPROVED the WZTIG)RNU~ of the Plot Plan. DDIZED the Plot Plan based on the attached findings. ADOPTED the llegattve Declaration on the Enfironmental Assessment noted above. Thts act~o. my be appealed to the r~l Planntng Cmntsston [] Board of Supervisors ~thin ten (10) clays of the date of thts nottce., The appeal mus~ be made in vrtttn9 and subBft~ed tilth I fee Sn mccordance'brfth the fee schedule to the appropriate department. An appeal of aAY condition constitutes an appeal of the actSon as · ~hole end reqrires · ne~ publlc heartng before the appropriate heirtrig body. Very truly yours, R:ZV[:RSZDE COUNTY PLANN:Z lIG DEPARTI(NT :ose[~ A. Richants, Planning Director Sian Prman, Planner III cc: Representat] ve . . .. .. .- -. _ .: File . . 295.13 ..... .' .:. ' "' lerlsed -_ --- ~-10-88 · · 44:)90 LEMON STREET. 9TM FLOOR RIVERSIDE. C, AL, IFORNIA 92501 (7'14) 787-6181 46-209 OASIS STREET. ROO~ INDIO, CALIFORNIA (619) 342'.1277 ATTACHMENT NO. 5 COUNTY OF RIVERSIDE PLANNING DIRECTOR DENIALS ~STAFFRPl~245-2aJ. E.PP I6 City of Temecula Planning Commision September 16, 1992 As residents of Winchester C~eek, Winchester Collection are very much opposed to Plot Plan No. 245 and 246. These billboards do not conform to the surrounding land uses and will be an eyesore to our tract. In addition they would detract-attention from a very busy and dangerous area of winchester Rd., these signs ~ould be located very near the narrow bridge located just north Of Nicholas Rd. and could be a safety hazard to the motorists. Thank You Richard and Donna Dietrich IIEC:IIVID 8EP 11 Ill el'ft' OF TEM F. CULA Jack E. & Ruth A. McLean · 39423 Long Ridge Drive Temecula,' CA 92591 September 21, 1992 CiTY OF TEMECULA PLANNING COMMISSION Temecu!,t, CA 92591 We specifically protest the thought of piacin.q two signs on WINCHESTER ROAD requested by ADAMS ADVERTISING, INC. ~:~:~:~:~:~:~:~:.:~:.:~:~:~:.:~:.:~:`:.~.:~:~:~:~:~:~:~~~:~:.:.:~~~:`:.:~:.:~:~: :.:.:.'.;-:-:.:.:.:.:.:.:.:.:.:.:.:.: :A~*i,k:!m:eRl:Ne::-l:;:ah;d:eibt:~:Nb:::L~t6:..A~;rid~,i,~:::::::::: ~t"e proteal because fhe signs would no~ imprDve the appearance of the ~t:inchesler Creek SubdivisjDrL /n fact the proposed p/an js zlct cor~jsterlt with aRy preserlt or fLiti re pJalz$ bejrlg impjemerffed ~.y the C/T~' OF TEMECUL~.. It my be of interest to you that the notice which if~ofms the pubic of the hea~ng regantng above cannot be read tmless you aze !,.L_ z,L d3 at a speed of 10 miles per hour, or stop theca'and i back to read Also, when The call was made to protest the possible construction, the person who answered The call did not know there was a WINCHESTER CREEK SUBDIVISION... Seems rather odd th;t pinning would not be aware of surroundings near such an important proposal. Jack E. McLean RECEIVED $EP 2 1 19H CITY IF TEMECULA ATTACHMENT NO. 5 EXHIBITS S%STAFFRPT%28APPEAL.CC 12 CITY OF TEMECULA ~ _~-71|~~F. DEI.. LAGO CASE NO.: Plot Plan No. 245, Amendment No. lfPlot Plan No. 246, Amendment No. 1 EXHIBIT: A VICINITY MAP P.C. DATE: September 21, 1992 S%$TAFFRPT~.,45-246.Fte / CITY OF TEMECULA t SITE .I L! .~P 1 Designation: General Light Industrial (LI) R-R S-p (,r~4) \ \ SITE S-P (213) ZONING- EXIIBIT C Designation: Manufacturing-Service Commerdal (M-SC) Case No.: Plot Plan No. 245, Amendment No. lfPIot Plan No. 246, Amendment No. 1 P.C. Date: September 21, 1992 S%STAFF~45- 246 .PP CITY OF TEMECULA R~'r OF L,~Y WE ~T PR~ffR~ / L~ N~ NINCHESTER ROAD Proposed Sign TO NICOLAS RoAD CASE NO.: Plot Plan No. 245, Amendment No. 1/Plot Plan No. 246, Amendment No. 1 EXBIBIT: D1 SITE PLAN P.C. DATE: September 21, 1992 S~TAFFRPT124S-24~.PP CITY OF TEMECULA Gateways ' J TT...%4-OrklOGP.(:X:)k4.DSN , Drift Date: July ~. 1~2 11 :~ PaSo 10.-)0 CASE NO.: Plot Plan No. 245, Amendment No. 1/Plot Plan No. 246, Amendment No. 1 EXHIBIT: E LANDSCAPE CORRIDORS P.C. DATE: September 21, 1992 AND GATEWAYS S~STAFFRPT%245-2.46,PP ITEM NO.' 15 TO: FROM: DATE: - SUBJECT: APPROV,~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department December 8, 1992 Appeal No. 29 for Plot Plan No. 246, Amendment No. 1 PREPARED BY: Matthew Fagan RECOMMENDATION: The Planning Department Staff recommends that the Council: Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING APPEAL NO. 29, UPHOLDING PLANNING COMMISSION'S DECISION TO DENY PLOT PLAN NO. 246, AMENDMENT NO. 1, TO ALLOW THE CONSTRUCTION OF ONE (1) V-TYPE OUTDOOR ADVERTISING DISPLAY LOCATED ON THE EAST SIDE OF WINCHESTER ROAD APPROXIMATELY 1,850 FEET NORTH OF THE INTERSECTION OF WINCHESTER AND NICOLAS ROADS, AND KNOWN AS ASSESSOR'S PARCEL NO. 911-150-005. City BACKGROUND Plot Plan No. 246 was submitted to the City of Temecula Planning Department on July 15, 1992. The applicant submitted this Plot Plan pursuant to Section 4.A. of Ordinance No. 92- 06 (the hardship clause contained within Ordinance No. 92-06). Staff conducted a preliminary review of the submittal and informed the applicant that the necessary findings could not be made for their hardship request. The applicant was also informed that if the Plot Plan application was pursued, Staff could not support a recommendation of approval. This information plus comments relative to amendments to the submittal were conveyed in a letter to the applicant dated August 5, 1992. The applicant chose to pursue the application and re- submitted an amended site plan on August 14, 1992. Plot Plan No. 246, Amendment No. 1 was denied by the Planning Commission at the September 21,1992 meeting. No one spoke in favor or in opposition to the project, however, Staff received two letters in opposition (see correspondence) and two phone calls in opposition to the project. Commission discussion centered upon the hardship request by the applicant and on the likely probability that the proposal for a V-Type Outdoor Advertising Display would not be consistent with the City's future General Plan. The vote of the S~STAFFRFT~29APP~,AL. CC Commission was four in favor of denying the Plot Plan and one (Commissioner Ford) opposed to denying the Plot Plan. Commissioner Ford stated four reasons for his opposition to denying the proposed plot plan: Due process was not followed in the initial processing of the applications with the County of Riverside. The applicant did incur a hardship - they expended money, however no approvals were ultimately granted. Ordinance No. 92-06, Section 4.A. (the hardship provision) should be decided by the City Council. Consistency with the future General Plan was not substantiated - it is still in a draft format and has the potential for change· FISCAL IMPACT Norle Attachments: 2. 3. 4. 5. Resolution No. 92- - page 3 Planning Commission Minutes - page 9 Planning Commission Staff Report - page 10 Correspondence/Petitions - page 11 Exhibits - page 12 S~STAFFRFT~29APPF, AL. CC 2 ATTACHMENT NO. 1 RESOLUTION NO. 92- S\STAFFRPT~29APPF. AL. CC 3 ATrA~ NO. 1 RESOLUTION NO. 92- A RESOLUTION OF TFW. CITY COUNCIL OF ~ CITY OF TIMF~UIA DENYING APPEAL NO. 29, UPHOLDING PLANNING CO1VIMt~SION'S DECISION TO DENY PLOT PIAN NO. 246, AMEND1V!tN7 NO. 1, TO ALLOW ~ CONSTRUCTION OF ONE (1) V-TYPE OUTDOOR ADVERTISING DISPLAY LOCATED ON TIff- EAST SIDE OF WINCH!~-~JTER ROAD APPROXIMATIPJ.Y 1,850 FEET NORTH OF ~ INTERSECTION OF WINCIW~STER AND NICOLAS ROADS, AND KNOWN AS ASSESSOR'S PARCEL NO. 911-150-.005. WI~I?.!H?.AS, Adams Advertising filed Plot Plan No. 246 on July 15, 1992; WHEREAS, an Amendment No. 1 to Plot Plan No. 246 was fried on August 14, 1992; WI~REAS, said Plot Plan application was processed in the time and manner prescribed by State and local law; WHEREAS, the' Planning Commission conducted a public hearing pertaining to said Plot Plan on September 21, 1992, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plan; WHEREAS, at the conclusion of the Commission hearing, the Commission denied said Plot Plan. WHEREAS, Adams Advertising, Inc. filed Appeal No. 29 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, .which the City has adopted by reference; WHEREAS, said Appeal application was processed in the time and manner prescribed by State and local law; WIIERFAS, the City Council conducted a public hearing pertaining to said Appeal on December 8, 1992, at which time interested persons had opportunity.to testify either in support or opposition to said Appeal; and WHEREAS, the City Council received a copy of the Staff Report regarding the Appeal; NOW, IltEREFORE, THF~ CITY COUNCIL OF ~ CITY OF TI~MECULA DOES RESOLVE, DETER.MINE AND ORDER AS FOLLOWS: S%STAFFRPT~gAPrr..ALCC 4 Section 1. Findin[,s. That the Tem~cula City Council hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subjoct 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: general plan. The city is .proceeding in a timely fashion with the preparation of the 2. The planning. agency fmds, in appmving projects and taking other actions, including the issuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or 'interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local ordinances.. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Plot Plan is consistent with the County of Riverside SWAP Guidelines and meet the requirements set forth in Section 65360 of the Government Code, to wit: 1. The Planning Commission finds, in denying projects and taking other actions, including the issuance of building permits, pursuant to this rifle, each of the following: a. There is a likely probability that the land use or action proposed will not be consistent with the General Plan proposal being considered or studied or which wffi be studied within a reasonable time. b. There is a probability of substantial detriment to or interference with the future adopted General Plan if the proposed use or action is ultimately inconsistent with the plan. S\STAFFRFTX29APPF, ALCC 5 c. The proposed use or action does not comply with all other applicable requirements of state law and local ordinances. D. Pursuant to Section 18.30(c) of Ordinance No. 348, no plot plan may be approved unless the following findings can be made: 1. The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. 2. The overall development of the land is designed for the protection of the public health, safety and general weftare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. to wit: The City Council, in denying the Appeal No. 29, makes the following findings, 1. There is a likely probability that Plot Plan No. 246, Amendment No. 1 will not be consistent with the General Plan proposal being considered or studied or which will be studied within a reasonable time. The Draft Preferred Land Use Plan designation for the project site is Medium Density Residential. The proposed sign is inconsistent with this land use designation. In addition, the proposed sign is inconsistent with the Draft General Plan Land Use and Community Design Elements, due to its impact upon the surrounding development and the fact that the proposed project site is a potential "gateway" to the City. 2. There is a probability of substantial detriment to or interference with the future adopted General Plan ff the proposed use or action is ultimately inconsistent with the plan. The erection of one (1) V-type Outdoor Advertising Displays will be inconsistent with the proposed land use designation of Medium Density Residential for the site. There are existing residential uses to the west of the project site and residential development is proposed to the northeast and the east of the site. In addition, the Community Design Element has determined that the area of the project will be a "gateway" to the City. By approving the proposed Outdoor Advertising Display, the proposed General Plan Goals and Policies will be difficult to obtain. 3. The proposed use or action does not comply with all other applicable requirements of state law and local ordinances. Section 4.A. of Ordinance No. 92-06, prohibiting the establishment of Outdoor Advertising Displays, contains hardship provisions, which have not been demonstrated to exist for the proposed sign. Approval was never granted by the Riverside County Planning Department, and the subsequent approval procedure with the City of Temecula was not pursued. 4. The proposed sign is not designed for the protection of the public health, safety and general weftare and does not conform to the logical development of the land. Further, the sign is not compatible with the present and future logical development of the surrounding property. At the current time, the subject project site is zoned for industrial development. The Draft Preferred Land Use Plan has been developed and the designation for the site is Medium Density Residential. The present development in the immediate area is vacant to the south, east and portions north of the site. Residential uses exist to the north/northwest of the site. S\STAFFRPT%29APfrr. AL CC 6 Approved uses will include residential uses to the north and east, with commercial and industrial uses to the south. The sign as proposed, will not be consistent with the immediate surrounding development. In addition, the Community Design Element identifies this area as a potential gateway to the City, the development of which would not include Outdoor Advertising Displays. Section 2. Environmental Compliance. The City of Temecula City Council hereby determines that Appeal No. 29 is a statutory exemption under CHQA pursuant to Section 15270 (a) of the CBQA guidelines. S%.STAFFRFT',29APfaf, AL CC 7 Section 3. DENI~.D AND ADO PTI~.D this 8th day of December, 1992. ATTEST: PATRICIA H. BIRDSAI MAYOR June S. Greek, City Clerk. [SF_AL] STATE OF CAIJI~ORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 92-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the __ day of , 1992, and that thereafter, said Ordinance was duly adopted and passed a regular meeting of the City Council on the __th day of , 1992 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCI~ERS: CO~CIINEMBERS: June S. Greek, City Clerk SXSTAFFRPT~29APPEAL. CC 8 ATTACHMENT NO. 2 PLANNING COMMISSION MINUTES $~TAFF~APPEALCC 9 NON-PUBLIC HEARING ITEMS Develooment Code It was moved by Commissioner Ford, seconded by Commissioner Hoagland to appoint Commissioner Chiniaeff as Planning Commission representative to the Development Code Committee. The motion carried as follows: AYES: 4 COMMISSIONERS: NOES: 0 COMMISSIONERS: None ABSENT: I COMMISSIONERS: Blair Commissioner Blair arrived at 6:10 P.M. Chiniaeff, Ford, Hoagland~' Fahey 4. Noise Ordinance John Meyer presented the staff report. Chairman Fahey questioned where the issue of the noise ordinance originated from. Gary Thornhill advised that it originally came as a result of problems occurring 'at the School District bus maintenance facility. Mr. Thornhill added that staff does not feel the ordinance being presented deals with the kinds of problems it should address, therefore staff would prefer to postpone action on this item until completion of the noise element portion of the General Plan. It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to postpone action on this item until completion of the Noise Element portion of the General Plan. The motion carried as follows: AYES: 5 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None PUBLIC HEARING ITEMS 5. Plot Plan No. 245 Proposed erection of one V-Type outdoor advertising display on the east side of PCMIN9121192 -2- 9123/9 2 PLANNING COMMISSION MINUTES SEPTEMBER 21. 1992 Winchester Road, approximately 1,200 feet north of the intersection of Nicholas Road and Winchester Road. Plot Pl=n No. -:~46 Proposed erection of one V-Type outdoor advertising display on th~ east side of Winchester Road, approximately 1,850 feet north of the intersection of Nicholas Road and' Winchester Road. Matthew Fagan presented the staff report. Chairman Fahey opened the public hearing at 6:15 P.M. Michelle Adams, Adams Advertising, 19081 Rocky Road, Santa Ana, stated that the most important issue was whether or not this is a hardship case. Ms. Adams stated the hardship is necessitated by the processing time at Riverside County. Based on hardships incurred by the landowner, who at the time of application had a legally zoned piece of property; the community has suffered a hardship due to the fact that several local advertisers had expressed an interest in advertising on these signs; and Adams has incurred a economic hardship because the signs should have been approved 2 1/2 years ago. It was moved by Commissioner Blair, seconded by Commissioner Hoagland to close the public hearing at 6:35 P.M. and Adoot Resolution No. 92-034 denying Plot Plan No. 245, Amendment No. I and .Plot Plan No. 246, Amendment No. 1 based on findings I through 4, page 6 and 7 as identified in staff report The motion carried as follows: AYES: 4 COMMISSIONERS: Blair, Chiniaeff, Hoagland, Fahey NOES: I COMMISSIONERS: Ford Commissioner Ford clarified that he voted against the motion because he did not feel that due process was followed. Soecific Plan I {Camoos Verdes) Chanqe of Zone 5617 Environmental Imoact Reoort No. 348 Soecific Plan 263 (Temecula Reoional Center) Chanqe of Zone 5589 Environmental Imoact ReDon No, 340 Specific Plan 255 {Winchester Hills) Chanoe of Zone 5532 PCMINgI21192 -3- 9123/92 ATTACHMENT NO. 3 PLANNING COMMISSION STAFF REPORT S%,STAFFRPT%29APPr=AL. CC 10 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION September 21, 1992 Case No.: Plot Plan No. 245, Amendment No. I and Plot 'Plan No. 246, Amendment No, I Prepared By: Matthew Fagan RECOMMENDATION: ADOPT Resolution No. 92- denying Plot Plan No. 245,' Amendment No. I and Plot Plan No. 246, Amendment N0. 1 based upon the Analysis and Findings contained in the staff report. APPLICATION INFORMATION APPLICANT: Adams Advertising, InC, REPRESENTATIVE: Same PROPOSAL: To erect two (2) V-type Outdoor Advertising Displays. LOCATION: East side of Winchester Road approximately 1,200 and 1,850 feet norm of the intersection of Nicholas Road and Winche,~er Road. M-SC (Manufacturing-Service Commercial) EXISTING ZONING: SURROUNDING ZONING: North: R-2 (Restricted Single-Family Residential Subdivisions) SP 164 (Roripaugh E~ates) SP 213 {VVinchester Properties) R-R {Rural Residential) South: East: West: Not requested Vacant North: South: East: West: Single-Family ResidencesNacant Vacam fSP 164 - Commercial/ Vacant (SP 213 - Reddentjall Single-Family ResidencesNacant PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: ,-~ m.STNW,RP'n34S-~4~.PP 1 fl PROJECT STATISTICS Billboard No, I (Plot Plan No, 245): Height: 35 feet Height from Roadway Grade: 25 feet Size of Sign: 297 square feat Billboard No. 2 (Plot Plan N0. 246): Height: 35 feet Height from Roadway Grade: 25 feet Size of Sign: 297 square feet BACKGROUND. The City of Temecula has adopted a number of Ordinances regarding Outdoor 'Advertising Displays, Following is a chronology of Ordinances ragdating Outdoor Advertising Displays: Ordinance No, 90-08: Adopted on April 24, 1990 and expired on June 8, 1990, Ordinance No, 9008 was an urgency ordinance adopting an interim zoning ordinance pertaining to regulations for Outdoor Advertising Displays, Section 3 (a) stated: "Pending the completion and adoption of the General Plan of the City of Temecula together with associated signage regulation for the Land Use Code for the City of Temecula, the establishment of Outdoor Advertising Display is hereby prohibited. and no application for sign location plan, plot plan or other applicable discretionary entitlement for an Outdoor' Adve.rtising Display shall be accepted, acted upon, or approved." Or. dinance No, 90-09: Adopted on June 5, 1990 and expired on April 24, 1991, Ordinance No. 90-09 was an urgency ordinance which extended interim Ordinance No. 90-08. Ordinance No, 91-17: Adopted on April 23, 1991 and expired on April 23, 1992. Ordinance No. 91-17 was an urgency ordinance which further extended interim Ordinance No. 90-08. Ordinance No, 92-06: Adopted on April 28, 1992 and will expire On April 28, 1993, Ordinance No. 92-06 is a resolution pertaining to sign regulations and establishes regulations for the use of Outdoor Advertising Displays, Seedon 4.A. of Ordinance No. 92-06 contains a hardship provision which would permit commercial off-premises signs, provided that a finding of hardship is made by the Planning Commission. Following a noticed .public hearing, a commercial off-premises sign may be approved subject to compliance with the provisions of Riverside County Ordinance No. 348, Article XIX {Advertising Regulations). Ordinance No. 92-07: Adopted concurrently with Ordinance No. 92-06 as an urgency ordinance. Aoolicant's Submittal to the County of Riverside Plannino Department Two (2) applications for Outdoor Advertising Displays were originally submitted to the County of Riverside Planning Department on February 2,2, 1990. According to a chronology prepared by the applicant (reference Attachment No. 3}, there was confusion involved in processing these applications through the County'of Riverside Planning Department. Based on the applicant's chronology, approval from the County of Riverside Planning Department was received on three separate occasions. Subsequently, they were finally informed by Riverside County that their project was within the City of Temecula and therefore, no permits could be issued. The applicant's request for a "hardship exemption" is based on the processing time at Riverside County. The applicant feels that if their applications were processed in a timely manner through Riverside County, then they would have had their approval/permits prior to the City of Temecula moratorium on Outdoor Advertising Displays. Attachment No. 4, dated May 7, 1990, are the County of Riverside notices that the signs were to be considered by the County of Riverside Planning Department..· Attachment No. 5, dated May 31,1990, are denial letters by the County of Riverside Planning Department f.or the proposed displays. Although the denial letters are not signed, the date on the denial letters indicates that the projects were being processed by Riverside County after the moratorium was established in the City of Temecula. City Staff requested either an approval letter or approved exhibits from the applicant, however none of the requested items could be provided, Submittal to the Cit~ of Temec-la Plot Plans No. 245 and 246 were submitted to the City of Temecuia Planning Department on July 15, 1992. The applicant has submitted these Plot Plans pursuant to Section 4.A. of Ordinance No. 90-06 (the hardship clause contained within Ordinance No. 92-06). Staff conducted a preliminary review of the submittal and informed the applicant that the necessary findings could not be made for their hardship request. The applicant was also informed that if the Plot Plan applications were pursued, Staff could not support a recommendation of approval. This' information plus comments relative to amendments to the submittal were conveyed in a letter dated August 5, 1992. The applicant chose to pursue the applications and re-submitted amended site plans on August 14, 1992. Staff reviewed the re-submittals and determined that the projects were complete. PROJECT DESCRIPTION Plot Plan No. 245 is a proposal to erect a V-type Outdoor Advertising Display on the east side of Winchester Road, approximately 1,200 feet north of the intersection of Nicholas Road and Winchester Road. Plot Plan No. 246 is a proposal to erect a V-type Outdoor Advertising Display on the east side of Winchester Road, approximately 1,850 feet north of the intersection of Nicholas Road and Winchester Road. Total height of each Outdoor Advertising Display shall be thirty-five (35) feet, however from the roadway grade, the signs shall be twenty-five (25) feet in height. The distance between the two signs is approximately 640 feet. The separation of the display faces on the V-type signs is twenty-five (25) feet. 515TAIq~345,.24a.PP ~ ~ ANALYSIS Approval Procedures The Riverside County Planning Department processed applications for the City of Temecula until July, 1990, All projects which were processed by The County of Riverside Planning Department were ultimately placed on The agendas of the City of Temecula City Council. According To Ordinance No. 89-13, notice of all decisions of the County Planning Director and the Courr~ Planning Commission were to be filed with the Clerk of The City Council within fifteen {15) days after The decision. No notice of decision for Those two plot plans was received by The City of Temecula City Clerk, and the Outdoor Advertising Display applications were never received for action by The City of Temecula City Council. A hardship was not incurred since There is no official approval by the County of Riverside Planning Director (reference Attachment No. 4, letter to Mr. David Dixon dated September 12, 1990, which states: 'Due .to The series of circumstances enumerated above, The sign applications would not be approved"). In The event that the projects were approved by Riverside County, the above mentioned procedure would have to be followed. Since the procedure was not followed, The City Council would not have The opportunity to act on the Riverside County Planning Director's decision if they had chosen to do so. City Council Denial of Other Outdoor Advertisino Display Analitalians The City Council previously denied two appeals for Outdoor Advertising Displays. Both were denied during the review period for the applicant's Outdoor Advertising Displays by the Riverside County Planning Department. Plot Plan No. 1170 was denied on February 27, 1990 and Plot Plan No. 1168 was denied on March 13, 1990. Findings to support both denials included aesthetic concerns of the proposed signage, and inconsistency and incompatibility with present and future development of the surrounding property. Both of the applications were denied prior to the moratorium on Outdoor Advertising Displays which went into effect on April 24, 1990. Inconsistency with Draft Future General Plan The proposals to locate two (2) V-type Outdoor Advertising Displays on the east side of Winchester Road, (one display approximately 1,200 feet north of the intersection of Winchester and Nicholas Roads and the other approximately 1,850 feet north of this intersection) are likely to be inconsistent with the City's future General Plan for the following reasons: The Draft Preferred Land Use Plan des, gnatson for The subiect project site is Medium Density Residential. If the Draf~ Preferred Land Use Plan is ultimately adopted, then the proposed Outdoor Advertising Displays would be inconsjstent with the residential designation for the site. Residential uses exislE to the west of the project site and are proposed to the northeast and the east. The Outdoor Advertising Displays would not be compatible with these residential uses. Section E of the Land Use Element of the Draft General Plan states: 'Residems want adequate buffering from non-residential uses in Terms of light, noise, traffic impacts and neealive visual impacts.' Section B of the CommuniW Design Element of the Draft General Plan identified the northern portion of the City along Winchester Road as a "gateway" to the City. It is further elaborated in Section E: "The primary entrances or "gateways" to the City should be cteady defined through monumentalion, signage and extensive landscape design features". The intent of Section E will not be met if Outdoor Advertising Displays are erected in this area. Policy 1.4 of the Land Use Element is to 'Consider the impacts on surrounding land uses and infrastructure when reviewing proposals for new development." The proposed project is inconsistent with the Draft Preferred Plan, the Land Use Bement and the Community Design Element, due to its impact upon the surrounding development and the fact that the proposed project site is a potential 'gateway' to the City. Twenw-Five (~5) Wide Transoortadon Corridor ;asement The Southwest Area Community Plan (SWAP) contains · policy which requires a twenty-five (25) foot Transportation easement along Highway 79 (Winchester Road), Staff has been requesting that right-of-way be set aside for This easement on both sides of Highway 79 for all projects for future traffic mitigation programs, The applicant currently proposes to locate the subject outdoor advertising displays within this right-of-way. The SWAP states: "This easement may be used for additional parking and/or landscaping until such time it is needed for transportation improvements." in the event That the Planning Commission approves the proposed outdoor adveffising displays, it is $taff's recommendation that The two (2) outdoor advertising displays be relocated, since they are permanent structures, and they should not be located within this right-of-way. EXISTING ZONING, SWAP AND FUTURE GENERAL PLAN CONSISTENCY Existing zoning for-the project site is Manufacturing-Service Commercial (M-SC). Outdoor Advertising Displays are a permitted use with an approved plot plan in the M-SC zone. The I~roposed signage meets the requirements' prescribed under Section 19.3 of Ordinance No. 348. The SWAP designation for the project site if General Light Industrial (L!|. The SWAP elaborates that the LI category is applied to areas that have been committed to the Manufacturing-Service Commercial (M-SC) zone. The Draft Preferred Land Use Plan designation for the project site is Medium Density Residential. Although the existing zoning and the SWAP identify the subject property as Light Industrial, Staff cannot make the finding that the proposed project will be consistent with the Cit~f's future General Plan based upon the projects inconsistency with the Draft Preferred Land Use Plan as well as inconsistency with the Land Use and Communit~f Design Elements of the Drafl: General .Plan. ENVIRONMENTAL DETERMINATION Plot Plan No. 245 ~ Amendment No. I and Plot Plan No. 246, Amendment No. 1 are statutorily exempt pursuant to Article 18, Section 15270 of the California Environmental Quality Act {CEQA}. CEQA does not apply to projects which a public agency rejects or disapproves. S~AIm~46,.344,mq· 5 ~ SUMMARY/CONCLUSIONS Plot Plans No, 245 and 246 are proposals to erect two (2) V-type Outdoor Advertising Displays on the east side of Winchester Road, north of the intersection of Winchester and Nicholas Road. Ordinances No. 90-08, 90-09, 91-17, 92-06 and 92-07 have been adopted to.regulate the use of Outdoor Advertising Displays. The applicant previously submitted two applications for Outdoor Advertising Displays to the County of Riverside Planning Department, however, no approvals were received for the projects, The applicant has submitted two plot plan applications to the City of Temecula under a hardship provision contained in Ordinance No. 92-06. Staff has determined that a harcLship has not been incurred by the applicant for the following reasons: 1. No approveis'were received from the County of Riverside Planning Department. The City Counc~ never acted or had the opportunity to act upon the proposed projects which were processed by the County of Riverside, The applioatione were being processed by the County of Riverside after the moratorium was placed on the use of Outdoor Advertising Diplays by the City of Temecula. The proposed Outdoor Advertising Display applications will be inconsistent with the City's .future General Plan. The subject property has been classified as Medium Density Residential on the Draft Preferred Lar~d Use Plan, and the use would be inconsistent with the land use designation. Residential uses exist to the northwest and the north end am proposed to the east of the subject site. The proposed signage would be incompatible with these uses, The subject site has been identified as a potential gateway to the City and therefore, the use would be detrimental in attaining a gateway appearance. The proposed signage is statutorily exempt from the California Environmental Quality Act (CEQA). FINDINGS There is a likely probability that Plot Plan No. 245, Amendment No. 1 and Plot Plan No. 246, Amendment No. 1 will not be consistent with the General Plan proposal being considered or studied or which will be studied within a reasonable time. The Draft Preferred Land Use Ran designation for the project site is Medium Density Residential. The proposed signs are inconsistent with this land use designation, In addition, the proposed signs are inconsistent with the Draft General Plan Land Use and Community Design Elements. There is a probability of substantial detriment to or interference with the future adopted General Plan if the proposed use or action is ultimately inconsistent with the plan. The erection of two (2} V-type Outdoor Advertising Displays will be inconsistent with the proposed land use designation of Medium Density Residential for the site. There are existing residential uses to the west of the project site and residential development is proposed to the northeast and the east of the site. In addition, the Communit-y Design Element has determined that the area of the project will be e "gateway' to the City. By approving the proposed Outdoor Advertising Displays, the proposed General Plan Goals and Policies will be difficult to obtain. ~ $tITAI"FRPT~45-246.PP 5 The proposed use or action does not comply with all other applicable recluirements of state law and local ordinances. Ordinance No. 92-06 prohibits the establishment of Outdoor Advertising Displays. Section 4,A. of Ordinance No. 92-06 contains hardship provisions, however, a hardship has not been demonstrated to exis~ for the proposed signs, Approvals were never grarrted by the Riverside CourrW Planning Department, and the subsequent approval procedure with the City of Temecula was not pursued, The proposed signs are not designed for the protection of the public health, safety and general welfare; and do not conform to the logical development of the land. Further, the signs ere not compatible with the present and future logical development of the surrounding property. At the current time, the subject project site is zoned for industrial development. The Draft Preferred Land Use Ran has been developed and the designation for the site is Medium Density Residential. The present development in the immediate area is vacant to .the south, east and portions north of the site. Residential uses exist to the north/northwest of the site. Proposed uses will include residential uses to the north and east, with commercial and industrial uses to the south. The signs, as proposed, will not be consistent with the immediate surrounding development. In addition, the Community Design Bernant identifies this area as a potential gateway to the City, the development of which would not include Outdoor Advertising Displays. STAFF RECOMMENDATION: ADOPT Resolution No. 92- denying Plot Plan No. 245, Amendment No. I and Plot Pla"n No. 246, Amendment No. 1 based upon the Analysis and Findings contained in the staff report, A~achrnents: 2. 3. 4. 5. Resolution No, 92- - blue page 8 Exhibits - blue page 13 Chronology and Letters Submitted by the Applicant - blue page 14 County of Riverside Notices of Decision - blue page 15 County of Riverside Planning Director Denials - blue page 16 ~/ $~$TAR1qleT~45'346JeP 7 ~ ATTACHMENT NO. 1 RESOLUTION N0.92- SkS'r. AFFBPT'~,24~2~.JRe 8 ATrA~ NO. 1 R.ESOL "nON NO. A I~'-~OLUTION OF Tin=. ~G COMMISSION OF ~ CITY OF TEM~CULA DENYING PLOT PLAN NO. 241, AMENDMENT NO. I ~ BT ~ NO. ~, ~~ NO. I TO ~ ~O ~) V-~ O~OR ~~~G D~YS ON A P~C~- CO~~G 6.70 A~-~ ~~ ON ~ ~T S~E OF ~~'l'u RO~, ~O~~-Y 1~ ~ 1,~ ~ NOR~ OF ~ ~'l'~aON OF ~~ ~ ~0~ RO~ ~ ~O~ ~ ~~R'S P~- NO. WHs,:6.,AS, Adams Advertising filed Plot Plan No. 245, Amendment No. 1 and Plot. Plan No. 246, Amendment No. I in ac~m~ce with the Riverside County I2nd Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by rderence; Wm~.~.S, said Plot Plan applications were proces~ in the time and manner prescribed by State and local hw; ~, the Planning Commission conducted a public heazing pertaining to said Plot Plans on September 21, 1992, at which time intel-esr~:l pezsons had opportunity to ~ either in support or opposition w said Plot Plans; and WNIc1EAS, at the conclusion of the Commission hearing, the Commission denied said Plot Plans. NOW, ~~-I~ORE, ~ PLANNING COMMT-~SION OF TFri:. CTfY OF TEM:E~ DOES RESOLVE, DETER.MINE AND ORDER AS FOrJOWS: Section 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly inco, t~o,-.ted city shall adopt a general plan within thin'y (30) months following incorporation. During thai 30-month period of time, the city is not subject to the requirement thai a general plan be adopted or the requirements of m law that its decisions be consistent with the general plan, if all of the following r~luirements arc met: general plan. The city is proceeding in a timely fashion with the preparation of the SI-ST~4S-24e.lnp 9 2. The phnning agency finds, in appmving In'ojec~ and raking order ac~ons, including the issuance of building permits, ~,:'_h of the following: z. There is a zeasonable probability r~at the land use or action will be studied within a reasonable time. b. There is lilX/e 'or no ptubabili~ of substantial detriment to or c. The p,o,~n~l use or action complied wi~h all other applicable zequizements of slzle inw and local oxdi.~-..ces. B. The ltiversidc Cotmty C.,encnl Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior m the inc~lx~ation of Tcmecula u the General Plan for the southwest pox'don of RivenHe County, including the area now within guidelines while the City is p, oc~ca~,,.~ in a liraely fashion with the i,,,~l.~...rion of its Gencx'al Plan. · C. The Froposed Plot Plans az~ consistgnt with the SWAP and meet the z~l~ts set forth in Section 65360 of the Government Code, to wit: plan. The City is p,~7.r. ding in a timely fashion with a pxt~--fon of the gencnl 2. The Planning Commission finds, in denying projects and taking other actions, including the issuance of building permits, puntant to this title, each of the following: a. Them is a lilzly probability that the land use or action proposed will not be consistent with the General Plan proposal being consideretl or studied or which will be studied within a x'usonable time. b. Them is a probabiliW of substantial' detriment .to or interference with the fumrg adopted General Plan if the proposed use or action is ultimately inconsisumt with the plan. c. The proposed use or action does not comply with all other applicable x~cluirements of state law and local ordinances. D. Punuant to Section 18.30(c), no plot plan my be .approved unless the following findings can be made: 1. The proposed use mus~ conform m all the General Plan requiremenu and with all applicable requiremenu of m law and City 2. The overall development of the land is designed for the protection of the public health, safety and ~eneral welfare; ~onforms to the logical developrnent of the land and · is compatible with the present and rum.re lo2ical development of the sun'ounding pwperty. E. The Manning Cornmhsion, in denying the proposed Plot Plans, maku '~e following findings, m wit: There is a lilzly probability that Plot Plan No. 245, .kmendm~nt No. 1 and Plot Plan No. 246, Amendment No. 1 will not be co,~ with the General Plan proposal being considered or studied or which wit[ be .studied within a reason=h[e time. The Draft Prefa'zed T ~nd Use Plan de~pation for the project site is Medium Density Resid~tial. The pwposed signs are incomt with this land use desiEn=rion. In addition, the proposed sips ate inconsislent with. the Dx'aft General Plan Land Use and Community s There is a probability of substan'da]. detriment to or int~lc:c~,~ with the future adopted Genenl Plan if. the proposed use or action is n!Hm~2t-ly inCOn-~-q~nt with the plan. The erection of two C2) v-type Outdoor Adve:rtishg Displays will be incomt with the proposed land use desig~nHon of Medium Dens~ Re~!ential for the site. There ate existing rr. sidential uses to the west of the project size and zeslrJenrl=! development is proposed to the northeast and the east of the site. In addition, the Communky*Design Element has detn'mined that the ar~a of the project will be a "gateway" to the City. By appwving the proposed Outdoor Advertising Disphys, the proposed General Plan Goals "*' and Policies will be difficult to obtain. The pwposed use or action does not comply with at1 other applicable rcquiremcnu of state law and local ordinance. Ordinance No. 92-06 prohibiu the esmblishment of Outdoor Advertising Displays. Section 4.A. of Ordinance No. 92-06 contains hardship provisions, however, a hardship has not been demonslra~i to exist for the proposed sips. Appwvals were never granted by the Riverside County p!nnnlng Depazlment, and the subsequent approval proc~ure with the City of Temecula was not pursued; The proposed sip are not designed for the protection of the public health, safety and genital welfare; and do not conform to the logical development of the land. Further, the signs a~ not compadbl~ with th: prc~ent and future logical development of the sun'ounding property. At the curtint dmc, the subject project s~tc is zoned for industrial development. The Draft l~ferted Land Use Phn has been developed and the designation for the site is Meclium Density ResidenthL The present development in the immedia~ aria is vacant to the south, east and portions north of the site. Re~dential uses exist to the north/northwest of the site. Proposed uses w~l include residential uses to the north and east, with commercial and industrial uses to the south. The signs, as pmlx~sed, will not be consistent with the irnmedi.fe surrounding development. In addition, the Community Design El~t identifies this area as a potential Eazeway to the City, thc development of which would not include Outclcor.-Advenising Displays. Seaion 2. ContqiHons. That the City of Temec,,1. Planning Commission hereby denies Plot Plan No. 245, Amendment No. I and Plot Plan No. 246, Amendment No. 1 to erea two (2) V-Type Outdoor Advertising Displays on a parcel containing 6.70 acres located on the east side of W~-ches, er Road; appr~nm,~ly 1,200 and 1,850 feet north of me intersection of Winchester and N'w. holas Roads and known as Assessor's Parcel No. 911-110-005 5. Section 3. DDHk'~ AND ADOPIED this 21st day of September, 1992. LINDA FA~r~-Y · STATE OF CAT -rFORNIA) COUNTY OF RNERSlDE) SS CITY OF TEMECULA) the ~ oin Resol ' was duly adopted by the Planning Sept=tuber, 1992 by the following vot~ of the Commi-~sion: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: G~Y~ORNI:m~- SECRL~Y S'~'Talqq~T~45.24~.I~p 12 ATTACHMENT NO. 3 CHRONOLOGY AND LETTERS SUBMITTED BY THE APPLICANT ! I 14 CHRONOLOGY 1) Applications were submi:~ed to Riverside County February 22, 1990. . 2) 3) 4) Processing should have been completed within 30-45 days and nr~or to City's imposed moratorium o5 April 24, 1990. Applications :were approved; then, "at the last moment" the required propert-y owner's notices were not mailed out. No comments were.received, and the applications were again approved. 5) Planner then t~ought signs were located within Specific Plan 213. 7) - We immediately advised planner that property was not within SpeciZic Plan 213. - Planner then had to veriZy this. Applications were again approved. Ultimately, we were advised that the property was now in the City of Temecula. Once again, the County was not.issuing the permits. - Due to the errors made by staZ~, Adzms was advised of this after Temecula had established a billboard moratorium. These applications should have been administratively approved through the CounTy, and if processed correctly, would have been approved. adams advertising, inc. 19081 Rocky Road, Santa Ana, California 92705, (714) 838-9026 ,, FAX (714) 730-:5461 adams advertising, inc. April 14, 1992 VIA CERTIFIED MAIL P..793 513 483 Mr. Gary Thornhill Plannlng Dlrector Clty of Temecula P.O. Box 3000 Temecula, CA 92390 Re: Application for Billboards in Accordance with Ordinance No. 91-20, Sectlon 4 Dear Mr. Thornhill: Some time ago, we met and discussed a situation where, as a result of a series of errors made by Riverside County,* we did not receive permits for two signs that should have been issued. Enclosed is a letter from Riverside County that you may recall. It outlines some of what occurred and supports the fact.that a mistake was made. I hope this helps refresh your memory of this issue and of our meeting. I have also enclosed a chronology of what occurredr together with a plo~ plan and map identifying the sign locations. We believe these circumstances constitute a hardship in that we were erroneously precluded ~rom building signs. As a result, businesses and developers in the southwest area have suffered a hardship as they have been wrongfully denied the opportunity %o promote their business by being denied'the ability to advertise on these signs. In light of the foregoing. i~ is our contention that we, together with the community. continue to suffer a hardship which we respectfully reques= you to relieve. Please do not hesitate to call me if you have any questions or need any additional information. Thank you for your time and considera=ion. Yours truly, RECEIVED Mlchele AdzmS MA: dt &JUL 15 1992 /I September 1~, 1990 Mr. David Dixon, C4~y Manager C/ty of Temecula P.O. Box .3000 Temecula, Cj4 92390 dams A dveniting, Inc. AppJ]c, tion$ for Sign Permit Nos. 1 I83 end I ~84 Dear Mr. Dixon: PLanninG DEP =lCEIErli On February 22, 1990 Adamt.Adverb~ing, Inc. made application for two billboards to the County o/FEverride. The signs were proposed to be situated on ~e northeast corner of Winchester Road and Ham~Tton Avenue in what has now become t~e City of Temecula.' Typically, the County would have completed ~e proceednil of such appllcat/on8 within 60 days. Thus, in ibis case, processing would normoily have been completed before the moratorium on new billboards was imposed by your City on April 24, 1990.. However, that '. was not the case. The Riverside Cou~lty ..Planning Department;/n fact, did approve' z~#e al~plicatiOns but we discovered at the i~ moment tJ~at the required notices to neighboring property owners were not mailed out. Furthermore, .there ~vas some confusion as to whether the two signs were to be Iocated acf/acent .to Specific Plan No. 2 13. After the no't/ceaSe/ere.mailed, no comments were received, and the applications' ..~er.a we discovered that the t .wo.dgn.~tructures 'we're,. in fact, propOSed to be situated within the City of Temecula, ... · ,: .~. · . ..,. :.,.,. ....:,, ~. ,,..,,:: .;' ·., ,*-:"-"'.*.= Due ~o the 3eries of circur~stan'~ enumerated 'b~e ~he'sign 'applications could not be a~proved. However, the applications were, in'fact, in compliance with all regulations in effect .. prior tO the G.'r..y's moratorium and.'~ou!~.h.at~e been acted upon favorably p/for to that date. · Van/~rui~.~.ours, . RIVERSIDE COUNTY PLANNING DEPARTMENT Joseph A. /t/chards, Planning O/rector Mark F, Baiy$, .Chief Deputy g Director. ., MFB:aea 1 co: Jo=eph S. Aklu~ , 4000 LEMON STREET, gTH FLOOR I:IIVI=R.~II='II~ ~,'tl IFzt=',~"lNIt, 79733 COUNTRY CLUB DRIVE. SUITE E ATTACHMENT NO. 4 COUNTY OF RIVERSIDE NOTICES OF DECISION .--- SWrAFFeFr~,.-~jq, 15 RZVE~ID[ CO UNT't PLANNING DEPARTTaENT 4080 LEHON STRE[T, NZNTH FLOOR RIVERSZDE, CALIFORNIA 92501 (7]4) Z75-3ZO0 Josept~ A. Richorals, Planntng Dlrector As prescribed under the provisions of County Ordtnancest thts ts to notify you Chat the aOpllcatton refereecad belov has been received to be considered by the RIverside County Plannlng Del;artJnent. Any person wishtrig to rant an the project must sulx.tl: wrltten coaent. s to the Planntq !)eHrtaefit at the above address before lea 7 Z~JO. NO MLZC HEARTNG on the appltc/ttoe shill be held be ore I dects~oon ts man unleSS a hearlng tS rilested tll wrtttng prtor th the aforementioned ate by the appT1cant or other affected person, or tf the Planning Otrector datemines that a pubTic heartrig should be required. If a Ixabltc hearing ts scheduled before the Planntng DIrector, you sha11 be notified. The p~oposed project application my be vtmed it the publlc Information counter, 14onday through Frtday from 9:00 a.m. u~ttl 4:00 p.m. Zf you have any coanen~s to suilx,tt or wish to raciest i Imbllc hear4ng, please reTAJrn thts sheet and return to thtS office by the above mettoned ate. OUTDOOR ADVERTZSD4ENT ZZ83o exempt free C[QA, ts an application submitted by &dams AdvertiSIng, ]nc for Itlrope~ty located tn the Hgr~leT, i Area and Ftrst Super~tsortal Dtstrtct and generally bescrtbed as the HE corer of Viechester Road and Hamilton and made larsuant to Ordinance No. 348, RtYerstde County Land Use Ordinance ~tch proi~ses and off-stte stun. CASE & NO. OUTDOOR ADVLrRTISBqENT ! do not vtsh a public hearing to be held on thts case. but Z vould 11ke to submtt coem~nts tn regards to thts pro:Ject. ! am requesting that a publtc heartng be held on thts case for the fo] ~ovtng reasons: underStand that ! vlll be notified of the time and date of the publtc heart rig. Print/~em Print Street Address Print CIty/State Zlp RZVERSZDE COUt/TY PLANNZNG DEPARllaENT 4080 LENON STREET, tIZNTH FLOOR RZVERSZDE, CALZFO~ZA 92501 · (734) 275-3200 +Joseph A. Rtchards, Planntng Dtrector As prescribed under the provisions of County Ordinances, thts ts to nottry ~ou that the application referenced belov has been retched to be considered by the RIverside County Planntng Deparmenc. Any pe~son wishtrig to ccmmmnC on ~ proJecT rest sulx,tC m'ttt~n cants to the Planntng DepartmaC It the above address befor~ May 7, 1990. NO PUBLIC HEARIN~ on the appltcatto, shall be held before ·dectston ls male un3ess a heartrig ts requested tn ,~lttng prter to the aforementioned date by the applicant or-other affected Nrson, or tf the Planntng Dtrector datemines that a publlc hearing should be requital. If a publlc hearing ts schecluled before the Planntng DIrector, ~u shall be notified. The proposed project application my be vteved at the pubitc Inform·tim counter, Monday ~hrough Frt~y from 9:00 a.a. unttl 4:00 p.m. If you have any cmmen~s to suberiC or wtsh to r,West a publlc heartrig, please re~urn thts shut and return to this office by the above mentioned dace. OUTDOOR ADV[RTISDIENT Z184, axerot frm CEQA, Is an application subfirM by Adam Advertising, inc for proOer~y located tn the Mu,~teta Area and FIrst Supervisor1·1 DtstrtcC and generally described as the NE corner of WInchester Road 'and Hamtlton and rode pursuant to Ordinance No. 348, RIverside County Land Use Ordinance ,htCh proposes and off-stte stgn. CASE & NO. OUTDOOR ADVERTISEMENT 1184 Z do not wash a publlc heartrig Co be held on thts case, but Z to submtt cements tn regards to thtS project. keuld 11ke ! am requesting that a publlc hearing be held on this case for the folioring reasons: understand that ! wtll be notlfte~l of the ttme and ~ate of the publlc hearing, 519na~ur~ Pr~nc Name II Print. 5treat. AGOross Prl nt C1 ty/State Ztp ATTACHMENT NO. 5 COUNTY OF RIVERSIDE PLANNING DIRECTOR DENIALS DATE: 31 May 1990 Dear Applicant: riot Plan IIo, Esw~romental Assessae~ ~k~, Reg'lonal Teas IIo, ~,~. L] bard of $uprvtsors teok the f~11a~tng action on the above referenced plot plan: APPROVED the Plot Plan, [xhtbtt condt ttons. RPPROV[D the Plo~ P1 an, Exhtbtt amended condTtlons. APPROYED the Plot Plan. Rerlsed [xhtbtt attached contit ttons.. APPROVT[D l~e Plot Plan, Rerlsed Exhtbtt attached mended c~ndt ttons. lIPHELD the appeal. DE:IIZED t~ appeal, APPROYED the iZTi)RANAL of the appeal request. APPROVE) the WZTKDRAiiAL of the Plot Plan, DE:Ni:(D the riot Plan based on the attached findings. ADOPTED the liegattve Declaration on the Envtroneental. Assessment aote~ above. · subject to the attached · subject to the attached · subject to the · subject to the Thls action my be appealed to the Da 'Planning Commission [] Board of Supervisors ~thtn ten (10) days of the date of thts nottee.. The appeal must · be made In w~tttng and submitted vtth a fee tn accordance brlth the fee schedul · to the appropriate department. An appeal of ' any condT tt on constitutes an appeal of the actton as a vhole and requtre$ ailev pu~11c heartrig before the ~p~oprfate heartng body. truly RIVERSIDE COUNTY PLANNING DE"PARTI~IIT Joseph A. ~cg~s, PLznning Dh-ec'cor cc: Rel:re.$entatt ve .. 'FIle 295-43 " Re~sed 8-10-88 Sian Ranan, Planner III 4080 LEMON STREET, g~ FLOOR RIVERSIDE, CALIFORNIA g2501 (71.4) 7876181 46-209 OASIS STREET, ROOM 3 INDIO, CALIFORNIA 922 (619) 342-82 FL, ZAI II Iil I%,. DATE: 31 May 1990 RE;: Plot Plan lio. ~ 4 EalrJrolmefital Assesla~'~ Jdoo On ~ Nay Zc~90 the Rive-side Coun~ 5a Plannlng Dtrec~or [:] plannl~g Comlsslon L] hard of Supervisors took the follo~tn9 actton on the above referenced plot plan: &oNtOVET) the Plot Plan, condS ttons. APPROVED the Plot Plan, amended contit ttons. APPROVED the PlOt Plan, attached condl ttons. APPROYED the Plot Plan, attached mended condt tt otis. UPH[LD l~e appeal. DE::NIF. J:) the appeal. Exhtbtt , subject to the attached Exhfblt . subject to the attached Revtsed Exh4b~t , subject to the Itevtsed Exhtbtt , sublect to the APPROV[D the krI:Tli}RAWAL of the appeal request. APPROVED the WlTHD~ of the Plot Plan. DDI:ZED the Plot Plan based on the attached findings. ADOPT[D the Ilegattve Declaration on the Environmental Assessment no+.ed above. Thts actlon my be appealed t.o the Era Planntng Ceimlsston [] Board or Supe-vtso~s vlthtn ten (10) days of the date of thts nottce~. The appeal must be -made In wtt(n~ and submlt+~ed vtth a fee tn accordance' vtth the fee schedule ~o the appropriate department. An appeal of a~y cond~ tt on constitutes an appeal of the actfort as · vhole and requires a nov publlc hea~tng before the appropriate hea~fn9 body. Ver'y t3-uly you~-s, R,TYZ::RSXDIE COLNTY PLANNING D,rPARTN:[:NT co: Irepresent·t1 ve FIle 295-43 levtsed 8-10-88 S~an Rrm~n, Planner III o 4080 LEMON 51'REET, g,, FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STREET. ROOM, 304 INDtO, CALIFORNtA ~.~e~:)l (61g) 342-~ f7 ATTACHMENT NO. 4 CORRESPONDENCE/PETITiONS mSTAFFRFr~2S~W_~LCC 11 City of Temecula September 16, 1992 Planning Commision As residents of Winchester Creek, Winchester Collection we. are very much opposed to Plot Plan No. 245 and 246, These billboards do not conform to the surrounding land uses and will be an eyesore to our tract. In addition they would detract. attention from a very busy and dangerous area of Winchester Rd., these signs would be located very near the narrow bridge located just north of Nicholas Rd, and could be a safety hazard to the motorists. Thank You Richard and Donna Die~ric~ RECEIVED 8EP 18 1992 C11~ OF TEMECULA CITY OF TEMECULA PLANNING COMMISSION Temeoula, CA 92591 Jack E. & Ruth A. McLean .39423 Long Ridge Drive Temecula; CA 92591 September 21, 1992 We spe~hr~.,ally protest the thought of placing two signs on WINCHESTER ROAD requested by ADAMS ADVERTISING, INC. ~:~~.~~:~:.:.:~:.:.:.:~:~~~:~:~~~~~:~:.~.:~:.:~:.:.:.~~~.~~:.~~:~:~~~:~~.~.:.:.: :-:.;.;.;-:,:,:-:-:.;-:,:.'-:-;.;-:-: :AWi~,i~tbem:Na::.T;:ah;d:P.!b~::.~..:rtNb:::LN16:~k~t. idtti~,~:::::::::: :.:.;.:.:.:.;.:.:.;.;.:.;.:.;.;.;,;.:.:,;,;,;...:.;.:-_-.; :.;.:.:.:.:,;,;.:.;.;.;.;.;.;.:.:...:.;,;.;.;.;.;.:.:.:.:.;. We protest because the si.a~m would nor improve the a. Dpea~ance of the ~:ir/chester Creek mubdivi:Fior~ !n fact the pr~oomed piar~ is Rot co~mi_ctenf with any pre~ent or future plato beir~ implemented by the CITY OF TEMECUL~... It my be of imerest to ~ou that the notice which informs the pubFac of the hearing regarcrmg above carmot be read urdess you m p~Lc ee-~-,9 . at a speed of lO miles per how, or stop the car and walk back to read Also, when the call was made to protes~ the possible construction, the person who answered the call did not know there was a WINCHESTER CREEK SUBDIVISION... Seems rather odd that pinning would not be aware of surroundings near such an important proposat. Jack E. McLean Ruth A. McLean RECEIVED 8EP 2 1 B92 CITY IF TEMECULA ATTACHMENT NO. 5 EXHIBITS $LSTAFFRPT~,29APPF..ALCC 12 CITY OF TEMECULA "7' I 'U//llI CASE NO.: Plot Plan No. 245, Amendment No. 1/Plot Plan No. 24~, Amendment No. 1 EYjnnIT: A VICINITY MAP P.C. DATE: September 21, 1992 8~TAFFRPT~45-246.pp m / SWAP - EXIITRIT B CITY OF TEMECULA S,P 1 Designadon: General Light Industrial a_r) .... SITE//// S-P (213) ZONING - EXI-KB1T C Designation: Manufacturing-Service Commercial (M-SC) Case No.: Plot Plan No. 245, Amendment No. 1/Plot Plan No. 246, Amendment No. 1 P.C. Date: September 21, 1992 S~STAFFR~S-24~.I~ CITY OF TEMECULA EYlSTIN~, RH.~I' 13t: ~,~A~ . UL'I'Ir'IATE RIC~FT OF 1,4AY Proposed Sign , TO N~L OL. A~ R oat) , CASE NO.: Plot Plan No. 245, Amendment No. 1/Plot Plan No. 246, Amendment No. 1 ExHrnrr: D2 SITE PLAN P.C. DATE: September 21, 1992 CITY OF TEMECULA SITE Gateways 1TJd-OPJOGP4:X:)MX)S~ * Drift Date: July :20. 1992 11:23am Pale lO-lO CASE NO.: Plot Plan No. 245, Amendment No. 1/Plot Plan No. 246, Amendment No. 1 En:nnrr: E LANDSCAPE CORRIDORS P.C. DATE: September 21, 1992 AND GATEWAYS &'~TAFFRIrr~ff.4S,;241.pp ITEM NO. 16 TO: FROM: DATE: SUBJECT: APPROV^ I CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning December 8, 1992 Planning Application No. 92-0013 (Development Agreement) Specific Plan No. 219, Amendment No. 3, First Extensions of Time for Vesting Tentative Tract Map No. 24182, Amendment No. 3, Vesting Tentative Tract Map No. 24184, Amendment No. 3, Vesting Tentative Tract Map No. 24185, Amendment No. 3, Vesting Tentative Tract Map No. 24186, Amendment No. 5, Vesting Tentative Tract Map No. 24187, Amendment No. 3, Vesting Tentative Tract Map No. 24188, Amendment No. 3 (East Side Maps), end EIR No. 235 Addendumo RECOMMENDATION: It is requested that the City Council: Read by title only and introduce an Ordinance entitled: ORDINANCE NO. 92- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 92-0013, THE DEVELOPMENT AGREEMENT FOR SPECIFIC PLAN NO. 219, AMENDMENT NO. 3; TO APPROVE A .DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND BEDFORD DEVELOPMENT CORPORATION FOR A TEN YEAR PERIOD, TO COLLECT DEVELOPMENT FEES, RECEIVE CREDIT FOR QUIMBY ACT REQUIREMENTS BY DEVELOPING AND DEDICATING PUBLIC PARKS AND OPEN SPACE AND THE TIMING OF IMPROVEMENTS LOCATED TO THE SOUTH OF PAUBA ROAD, NORTH OF STATE HIGHWAY 79, WEST OF BUTTERFIELD STAGE ROAD AND EAST OF MARGARITA ROAD. Read by title only and introduce an Ordinance entitled: ORDINANCE NO. 92- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SPECIFIC PLAN NO. 219, AMENDMENT NO. 3; AMENDING SPECIFIC PLAN NO. 219 TO ADD AN EIGHT ACRE PARK TO PLANNING AREA 6, TO MAKE THE SPECIFIC PLAN CONSISTENT WITH THE EAST SIDE MAPS AND TO MAKE ALL THE SECTIONS OF THE SPECIFIC PLAN CONSISTENT WITH EACH OTHER AND LOCATED TO THE SOUTH OF PAUBA ROAD, NORTH OF STATE HIGHWAY 7.9, WEST OF BUTTERFIELD STAGE ROAD AND EAST OF MARGARITA ROAD. S~,STAFi:~f~24182ALLCC Idb 1 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SPECIFIC PLAN N0. 219, AMENDMENT N0. 3 AMENDING SPECIFIC PLAN N0, 219 TO ADD AN EIGHT ACRE PARK TO PLANNING AREA 6, TO MAKE THE SPECIFIC PLAN CONSISTENT WITH THE EAST SIDE MAPS AND TO MAKE ALL THE SECTIONS OF THE SPECIFIC PLAN CONSISTENT WITH EACH OTHER AND LOCATED TO THE SOUTH OF PAUBA ROAD, NORTH · OF STATE HIGHWAY 79, WEST OF BUTTERFIELD STAGE ROAD AND EAST OF MARGARITA ROAD. Adopt a resolution entitled: RESOLUTION NO, 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST EXTENSIONS OF TIME FOR VESTING TENTATIVE TRACT MAP NO. 24182, AMENDMENT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24184, AMENDMENT NO, 3, VESTING TENTATIVE TRACT MAP NO. 24185, AMENDMENT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24186, AMENDMENT NO. 5, VESTING TENTATIVE TRACT MAP NO. 24187, AMENDMENT NO. 3, VESTING TENTATIVE TRACT MAP NO, 24188, AMENDMENT NO. 3 (EAST SIDE MAPS) TO CREATE 443 SINGLE FAMILY RESIDENTIAL, 21 OPEN SPACE AND 4 MULTIFAMILY LOTS (VESTING TENTATIVE TRACT MAP NO. 24182, AMENDMENT NO. 3), 198 SINGLE FAMILY RESIDENTIAL, 12 OPEN SPACE LOTS (VESTING TENTATIVE TRACT MAP NO. 24814, AMENDMENT NO. 3), 351 SINGLE FAMILY RESIDENTIAL, 18 OPEN SPACE LOTS (VESTING TENTATIVE TRACT MAP NO. 24185, AMENDMENT NO. 3|, 445 SINGLE FAMILY RESIDENTIAL, 14 OPEN SPACE AND I ELEMENTARY SCHOOL LOTS (VESTING TENTATIVE TRACT MAP NO. 24186, AMENDMENT NO 5), 363 SINGLE FAMILY RESIDENTIAL, 10 OPEN SPACE LOTS (VESTING TENTATIVE TRACT MAP NO. 24187, AMENDMENT NO. 3), 351 SINGLE FAMILY RESIDENTIAL, 26 OPEN SPACE;1 ELEMENTARY SCHOOL, AND 1 NEIGHBORHOOD COMMERCIAL LOTS (VESTING TENTATIVE TRACT MAP NO. 24188, AMENDMENT NO. 3) LOCATED TO THE SOUTH OF PAUBA ROAD, NORTH OF STATE HIGHWAY 79, WEST OF BUTTERFIELD STAGE ROAD AND EAST OF MEADOWS PARKWAY. mSTAFFRP~24te2ALLCC ke~ 2 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE ADDENDUM TO EIR NO. 235; TO CERTIFY AN ADDENDUM TO EIR N0.235 DETERMINING NO ADDITIONAL IMPACTS AS A RESULT OF THE APPROVAL OF THE DEVELOPMENT AGREEMENT, THE SPECIFIC PLAN AMENDMENT AND THE EXTENSIONS OF TIME FOR THE EAST SIDE MAPS LOCATED TO THE SOUTH OF PAUBA ROAD, NORTH OF STATE HIGHWAY 79, WEST OF BUTTERFIELD STAGE ROAD AND EAST OF MARGARITA ROAD. REQUEST A request for approval of a Development Agreement for s ten year period to collect City Public Facilities Fee ($3,000.00 for residential and an agreement for non-residential), collect Interim Public Facilities Fee for two (2) years from January 31, 1992, improve and dedicate to the City of Temecula certain parks and open space areas to satisfy the Quimby Act requirements; a request for approval of an Amendment to Specific Plan No. 219 to add an 8,0 acre park to Planning Area No. 6 and increase the target density of that Planning Area from 15.6 dwelling units per acre to 19,7 dwelling units per acre and to maintain the total dwelling units of this Planning Area to 590, to make the Specific Plan consistent with the East Side Maps and to make all the sections of the Specific Plan consistent with each other by making minor changes to the graphics and the text of the Specific Plan; and a' request for approval of the First Extensions of Time for the East Side Maps to create a total of 2,151 single family residential lots, 101 open space lots, 4 multi-family lots, I neighborhood commercial lot and 2 elementary school sites. BACKGROUND The Planning Commission recommended approval of the Development Agreement with a 3-0 vote, the Specific Plan Amendment with a 4-0 vote, the Extensions of Time for the East Side Maps'with a 3-0 vote. Commissioner Chiniaeff was absent; and Commissioner Blair left the meeting after the vote on the Specific Plan. Development Aareement In approving the Development Agreement, the following changes were recommended by the Planning Commission: Paae 5, Section U,(1) (1) the opportunity for a high quality residential-commercial project creating significant job opportunities, sales tax and ad valorera tax revenues for the City; S'tSTAFt:tF~24182AU_CC klb 3 PaDs 16. Section 11.2 ... challenge City and/or Owner's legal authority to enter into this Agreement and/or terminate the Development Agreement. City and Owner shall mutually agree on legal counsel to be retained to defend any such action(s) brought by the County as herein provided. City and Owner each reserve the right to withdraw from the defense of the County litigation in the event the County prevails at the trial level and there is an appeal. If either party withdraws after the trial and there is an appeal, the remaining party shall pay all of the costs and fees associated with said appeal. Paoe 20. Section 1 ~.6a shall be revised to read: (a) An eight-acre park located in Specific Plan Planning Area No. 37 and within Tentative Tract 25417 (8-Acre Park) will be improved with two baseball diamonds/soccer field combination with lights, restroom and concession building, group picnic area, drinking fountains, trash receptacles and parking lot. Reasonable primary and secondary access and drainage from De PortDie Road and Campanula Way shall also be provided in compliance with the minimum requirements of Ordinance 460 and City Standards, or as otherwise approved by the City Engineer. Page 92. Section 12.8.a. 12.8 Timing of Park Improvements and Transfer to City. (a) The 8-Acre Park shall be fully improved and transferred to the City as soon as April 30, 19'93, but no later than June 30, 1993. Park improvements shall include but not be limited to: (1) two lighted bell fields not less that 300 feet in length, with multipurpose sports ovedays utilizing Musco Lighting; (2) fencing at least 25 feet between the ball fields and parking end/or streets; (3) approximately 1,200 square foot conceMion fadlity with restrooms and storage areas; (4) bleachers installed on concrete pads in viewing areas; {5) landscaping signage, flag poles, water drinking fountains, refuse receptacles, picnic tables, barbecue pits, pedestrian benches and meandering walkways in accordance with TCSD requirements. Additional street improvements to De PortDie and construction of Campanula Way adjacent to the 8-Acre park will be completed as .... Paoe 27. Section 12.10 and Section 12.11 12.10 Park Improvement Fee Credits. At the time of completion of the improvements and transfer of each of the public parks as provided in this Agreement, Owner shall receive a credit against payment of future City Public Facilities Fees based on the actual improvement cost incurred by Owner for :::h both of said public parks up to a maximum credit of Two Million Dollars ($2,000,000). Owner shall have the term of this Agreement within which to aDDIV the Dark imorovement fee credit towards Interim Public Facilities Fees. City shall have a right to review, audit and verify all costs associated with said park improvements under procedures to be mutually agreed upon between the parties. For purposes of calculating credits under this Section, "Improvements" shall be defined as onsite work only (design, grading and construction), excluding street and utility work within the public right-of-way and any onsite environmental mitigation costs such as toxic removal and wetlands mitigation. ~TAFFRPT~24182ALL. CC Idb 4 Note: The underlined statement has been added by the applicant following the Planning Commission meeting. Staff has reviewed this addition and has determined it to be acceptable. 12.11 Park Fee Obligation. Upon execution of this Agreement by the parties, regardless of undue delays or the outcome of any lawsuit or action brought by County or terms of settlement of any action or proceeding which may be instituted by the County against City and/or Owner relating to this Agreement, Owner's Quimby Park Fee obligation for the Palorna del Sol Project shall be satisfied excluding Tract 24183 which currently satisfies the City Park Fee Standard. Owner's Quimby Park Fee obligation with regard to Planning Area 6, as shown on Exhibit E, up to tho moximum numbor of I~00 ottaohod rooidontiol unito pormittod by tho 6peoifie Ran Donoity rlaR!lo shall also be satisfied. Page :~8. Section 19.1 ~ 12.12 Park Improvements. Except for the park improvements, recreation facilities and landscaping constructed and installed prior to the effective date of this Agreement, Owner shall submit to the City for approval by the Parks and Recreation Commission and City Council preliminary plans and cost estimates associated with park improvements, recreation facilities and landscaping to be constructed and installed on those parks, greenbelts, and paseos to be transferred to the City in evaluating said preliminary plans, City shell apply the park atandard~ set forth in Exhibit No. F. The approval of the Parks and Recreation Commission and the City Council shall not be unreasonably withheld. For all park improvements, recreation facilities and landscaping constructed and installed pursuant to the Development Plan in this Agreement, except the park described at Section 12.6(a) (8-Acre Park), Owner shall enter into an Improvement Agreement and post performance and labor/materials bonds for said improvements concurrently with recording the tracts where the improvements are located. Soecific Plan Amendment In approving the Specific Plan Amendment, the Planning Commission discussed in detail the issue regrading the density in Planning Area 6, which is designated as High Density Residential. Specific Plan Amendment adds the 8.0 acre park to Planning Area 6 as specified in the Memorandum of Understanding (MOU). As a result of this addition the total'area of Planning Area reduces from 37.8 to 29.8 acres. The applicant is proposing to retain the 590 dwelling units allowed for Planning Area 6 even though its area is being reduced. Therefore, the density of this Planning Area is proposed to be increased from 15.6 to 19.7 dwelling units per acre (DU/AC). The Planning Commission took a straw vote on this issue which resulted in a split vote (2-2). Commissioners Ford and Fahey were in favor of the increased density since a plot plan will be reviewed at a later date to insure the proper design. At that time, the maximum number of dwelling units may be reduced by the Planning Commission if they determine that size, shape and physical location of the site necessitates a smaller scale project. On the other hand, Commissioner Hoagland and Blair stated that the proposed density increase is higher than all recent approvals of high density projects. Extensions of Time/East Side Maos In approving the Extensions of. Time for the East Side Maps the Planning Commission amended and eliminated the following conditions: S~TAFFFF~24182AU_CC Idb 5 Vestino Tentative Tract Mao No..~4182 The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, :.~d exterior of all buildings and parlwvays. 10. Mointonanoo far all Iondoooped and open ereas, including porkweyo, shall be provided for in the CC&R's. 36. 37. 38. Ranting oholl oommonee ao soon oo elopes are eempleted eR any pOrtiOn Of thO Oito end oholl provide for rapid short term oar,rage' of the sislee ao well 08 long term ootobliohmont oovor per otondordo oat forth in Ordinonoo q li7.76. A Iserformanoe bend oholl be ooourod with the I'qaRning Deportment prior to i~suaneo ef 8ny grading permits to inouro the inotollotion of thio Iondoeeping. Thio oonditien alelies only if eenstruotion of the alto dooo not oommonoo within ninety (00) days ef lirsding sparations. A performance bond and a one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this .landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of the landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. Erosion control. planting shall commence as soon 'as slopes are completed on any portion of the site during and following grading operations. A performance bond shell be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent · spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. 57. The following conditions shall apply to lots 465,466, 467 and 468: Future multi-family structures located on the site -,?,h;~:~d shall maintain a minimum 40-foot setback from the property line along State Route 79 and a minimum 30-foot setback from the property lines adjacent to Meadows Parkway and "A" Street. Any future multi-family structures located within the 65 dBA noise level contour shall be constructed with double parted windowe to maintain interior noise levels at 45 dBA or less (refer to Wilber Smith Associates Noise Study dated September 22, 1992 and subsequent Study dated October 3, 1992). S~STAFFRP~24182ALLCC kJb 6 66. 67. 70. 74. 75. 86. 139. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA), until offered and accepted by the TCSD for maintenance Issrposes. Community park sitoo of (3) ooroo or groator oholl bo offorod for dodiootion to tho City of Tomooulo, Community Sorviooo Dopsrtmont (TCEO) far moimononoo purpoooo following oomplionoo to oxioting City otondordo and oomplotion of on oppliootion prooooo. Proposed open space areas shall be maintained by an established Home Owners :Association (HOA). Open space areas of three (3) acres or greater sh~ may be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. All areas identified for inclusion into"the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map ~'i~! may preclude their inclusion into the TCSD. If tho City Enginoor dotorminoa that tho projoot'o otroot improvomont bond is inouffioiont to oovor tho parkway Iondoooping and irrigation improvomonto, tho dovolopor oholl, prior to rooordotion of final map, post a Iondooopo ;,orformonoo bond whioh oholl bo rolooood oonourrontly with tho roloooo of aubdivioion porformonoo bando, guorantooing tho viobility of oil Iondoooping inotollod prior to tho ooooptonoo of mointononoo roaponoibility by tho TC.,~D. .. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot, or other devices as otherwise 8pproved by the Department of Public Works. Dovolopor shall pay any oopitol foo for rood improvomonts and publio fooilitioo impoood upon the proparty or projoot, inoluding that for troffio and publio fooility mitigation as roquirod undor tho EIFI/Nogotivo Doolorotion for tho projoot. Tho foo to bo paid oholl bo in tho amount in offoct at tho timo of poymont of tho foo. If on intorim or final publio fooility mitigation foo or district has not boon finally ootobliohod by tho data on whioh dovolopor roquosts its building parmite for the projoot or any phaoo thoroaf, tho dovolopor shall oxoouto tho Agroomont for poymont of Publie Facility foo, o oopy of whioh has boon providod to dovolopor. Conourrontly, with oxoouting this Agroomont, dovolopor shall poet o bond to soourc poymont of tho Publio Fseility foo. Tho amount of tho bond shall bo $2.00 par squoro foot, not to oxooo;I $10,000. Dovolopor undorotonci,3 that ooid Agroomont may roquiro tho paymont of fooo in oxooo,j of thoso now ostimatod (oaouming bonafit to tho projoot in tho amount of suoh foos). Dy oxooution of this Agroomont, dovolopor will waivo any right to protoot tho provisiori of this Condition, of this Agroomont, tho formation of any traffio impoat foo dietriot, or tho proooss, Iovy, or oollootion of any troffio mitigation or traffio impoat foo for thio projoot; orovidod that dovolopor is not waiving its right to protoot tho roaoonoblonoss of any troffio impoat foc, and tho amount thoroaf. S%STAFFRPT%24182ALLCC Idb 7 Vestina Tentative Tract MaD No. 24184 e The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final mN} recordation of the tract maps. The CC&R's shall include liability insurance .and methods of maintaining the open space, recreation areas, perking areas, private roads, exterior of all buildings and parkways. 10. Maintononoo for all landooopod and opon oroaa, inoluding parkways, oholl bo providod for in tho CC&R's. 36. Ranting oholi oommonoo oo ooon oo olopeo oro oomplotod on any portion of tho alto and oholl prayida for rapid ohort torm oovorogo of tho olopo oo wall as long torm ootobliohmont oovor par otondordo oat forth in Ordinonoo q 57.715. A porformonoo bond oholl bo ooourod with the Panning Doportmont prior to iocu;noo of any grading parmite to ineuro tho inotollotion of thia Iondoooping. Thio oondition applioo only if oorv3truotion of tho alto dooo not oommonoo within ninoty (00) doyo ef grading oporotion8. 37. A performance bond and a one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. 38. Erosion control planting shall commence as soon as elopes are completed on any portion of the site during and following grading operations. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping. Cut slopes equal to or greater than five .(5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. 61. Proposed community perk sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA), until offered and accepted by the TCSD for maintenance purposes. 62. Community pork oitoo of (3) ooroo or groator oholl bo offorod for dodiootion to tho City of Tomooulo, Community Sorvioos Doportmont (TCSD) for mointononoo purpooos following oomplianoo to oxioting City standard,3 and oomplotion of on oppliootion proooss, $~TAFF~PT~24182.ALLCC 8 65. Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater -_h:fi may be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. 69. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map ':'Sfi may preclude their inclusion into the TCSD. 70. If the City Engineer dotor~,'ninoe that the prejoot'o otro;t improvement bond is inouffioiont to savor the parkway landoocping and irrigation improvements, the developer shell, prior to rooerdeti~ ef final map, Iseet a landssops performones bond whioh shall be released oonourrontly with the release of subdivision performones bonds, guorontooing the viability of oil landsoaping installed prior to the ooooptonoo of mointononoo ro,Jponoibility by the TCS~. .81. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot, or other devices as otherwise approved by the Department of Public Works. 132. Doveleper shall pay any oopitol foe for rood improvements and publie fooilitioo imposed upon the property or projest, inoluding that for troffie aRd publie fooility I~,itigotion 03 required under the EIR/Nogotivo Dealsration for the projest. The foe to be paid shall be in the amount in offset at the time of payment' of the foe. If on interim or firNil publie fooility mitigation foe or dietriot has not boon finally established by the dote on whioh developer requests its building permits for the projest or any phase thereof, the developer shall axeouts the Agreement for payment of I~ublio Faeility foe, a espy of whioh has boon provided to developer. Conourrontly, with axeouting this Agreement, dovolopar shall peat o bond to assure payment of the Publie Feeility foe. The amount of the bond shall be $2.00 par square foot, not to axesod $10,000. Developer understands that said Agreement may require the payment of foes in oxooo~ of those now estimated (o~ouming benefit to the projest in the amount of ouoh foes). Dy oxooution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any troffio impsot foe di,3triot, or the prooo,J~, levy, or soilsorion of any troffio mitigation or troffio impsot foe for thi,3 projest; provided that developer is not waiving its right to proteat the reasonableness of any trellis impost foe, and the amount thereof. Vestins Tentative Tract MaD No. 24185 w The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, exterior of all buildings and parkways. 10. Maintononoo for oll landsoaped and open are03, inoluding parkways, shall be provided for in the CC&FI's, $%STAFFRFT~24182AIJ, CC Idb 9 19. 37. 38. 39. 62. 63. 66. 70. 71. A Slops TFcnoition Aroo shall bo oonotruotod per Figure 13D ef E:r, seifie Rap No. 2t 0, Amondmont No. 3 for tho northorly proparty lino of lot qC1, Ranting shall oommonoo Go soon as slopas ors oomplotod en any portion ef tho site and shall provido for rapid short torm savorsgo of tho slops as well as long term ootobliohmont savor par standards oat forth in Ordinanoe 4~7.75. A Iserformonoe bond shall bo ooourod with th~ Planning Doportmont prior to ioouonoo of any grading permits to inouro tho installation of this landsoaping. This oondition opplioo only if oonetruetion of tho sits dose not oommonoo within ninoty (00) days of grading sparations. A performance bond and a one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The ah~ount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. Erosion control planting shell commence as soon as dopes am completed on any portion of the site during and following grading operations. A performance bond shall be sacwed with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA), until offered and accepted by the TCSD for maintenance purposes. Community park altos of (3) oaras or groator shall bo offorod for dodiootion to tho City of Tomsouls, Community Sorvioos Doportmont (TCSD) for mointonanoo purpoooo following oomplionoo to axisring City standards and oomplotion 'of on oppliootion proooo~J. Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater ~.h;]~ may be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordorion of final map wi~J may preclude their inclusion into the TCSD. If tho City Enginoor dotorminos that the projoot's otroot improvomont bond is inouffioiont to savor tho parkway landsoaping and irrigation improvomonto, tho dovolopor shall, prior to rooordotion of final mop, po,3t o landseeps porformonoe bond S~STAFFRP~,~4182ALLCC Idb 10 whioh shall bo rolooood oonourrontly ~vith tho rolooao of subdivision porformonoo bonds, guorontook~g tho vicbility of oil landsoaping inotollod prior to tho ooooptonoo of mointononoo rooponcibility by tho TCSO. 82. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot, or other device ms otherwise approved by the Department of Public Works. 135. Dovolopor shall pay any oapitol foo for rood improvomonto and publio fooilitioo impssod upon tho proparty or projoot, inoluding that for troffio on;I pubrio fooility mitigation as roquirod undor tho EIFI/Nogotivo Doolorotion for tho projoot. Tho foo to bo paid shall bo in tho amount in offoat at tho ties of paymont of tho foo. If an intorim or final pubrio fooility mitigation foo or di~tri;t hGo not boon finally ootabliohod by tho dots on whioh dovolopor roquooto its buikaliRt} poreits for tho projoot or any phooo thoroaf, tho dovolopor shall oxoouto tho Agroomont for poymont of I~ublio Feeility los, aoopy of whioh hoe boon providod to dovolopor. Conourrontly, with oxoouting this Agroomont, dovolopor shall post o bond to ooouro poymont of the Publie Feeility foo. Tho amount of tho bond shall bo $2.00 par oquaro foot, not to oKoood $10,000. Dovolopor undorstondo that said Agroomont may roquiro tho poymont of fooo in oxoooo of thooo now satirestad (assuming bonafit to tho projoot in tho amount of ouoh loss). By oxooution of this Agroomont, dovolopor will woivo any right to protact tho provisions of this Condition, of this Agroomont, tho formation of any troffio impost foo .diotriot, or tho prooo~3, Iovy, or soilsorion of any trellis mitigation or troffio impost los for this projoot; Drovidod that dovolopor i,J not waiving its right to protoot tho roooonoblonoao of any trellis impost los, and tho amount thoroaf. ' Vesting Tentative Tract MaD No. 24186 The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordorion of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, exterior of all buildings and parkways. 10. · Mointonanoo for oll land~oopod and span orals, inoluding parkways, shall bo providod for in tho CC&R'o. 31. Ranting shall sammanse as soon as slopas ors oomplotod on any portion of tho sits and shall prayida for rapid short tore savorsgo of tho slops as wall as long tore o~tobliohmont savor par standards oat for in Ordinonoo q67.76. A porformonoo bond shall bo ooourod with tho Ranning Doportmont prior to iaouonoo of any grading poreits to inouro tho installation of this landsoaping. This oondition opplioa only if oonotruotion of tho sits dose not oommonoo within ninoty (00) days of grading oporotiorv3. 32. A performance bond and a one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. $%STAFFFFT~,~4182ALLCC klb 11 33. 48. 57. 58. 61. 65. 66. 77. 127. Erosion control planting shall commence as soon as does are completed on any portion of the site dudng and fallowing the grading operations. A performance bond shell be secured with the Running Department prior to issuance of any grading permits to insure the installation of this landscaping. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shr. ubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. A Slope Transition Area shall be constructed par Figure 13B of Specific Ran No. 219, Amendment No. 3 for the northerly proparty fine of lot 461. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA), until offered and accepted by the TCSD for maintenance purposes. Community park oitoe of (3) oargo or groator shall bo offgrad for dodioation te the City of Tomooula, Community Gorylogo Dopertmont (TCSD) for mointonenee pufpeoee following oomplionoo to oxiotin9 City otonderdo and eomplotion of en apRileerieR proagog. Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater :h=!l may be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordalign of final map ...:, may preclude their inclusion into the TCSD. ' .... If tho City Enginoor dotarming3 that the projoot's stroot improvoment bend io irvauffioiont to oovor tho parkway lendsgaping and irrigation imprevoments, the dovolopor ohall, prior to rooordotion of final mop, po,at o Iondooopo perfermenoo bend whioh oholl bo rolooood oonourrontly with tho roloooo of aubdivioion peffefmaeee bonds, guorantooing tho viobility of oll Iondoooping instollod prior to tho oooeptenoe ef mointononoo ro'aponoibility by tho TCSD. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot, or other devices as otherwise approved by the Department of Public Works. Developer eholl pay any oopitol foe for road improvements and publie faeilities impeaed upon the property or projest, inoluding that for troffio and publie feeility mitigetien 8s required under the EIR/Nogativo Dealsration for the projeer. The fee te be paid shall be in the amount in offset at the time of payment of the foe. If on interim er final publie fooility mitigation foe or dietriot has not boon finally established by the date en S%STAFF!qPT%24182ALLCC Idb 12 whioh developer roquooto ito building permite for the projeer or any phaao thereof, the developer oholl axeauto the Agreement for payment of Publie Facility fee, o oopy of whioh hoe boon provided to developer. Conourrontly, with axeouting thio Agreement, developer oholl poet a bond to ooouro payment of the Publie Faeility foe. The amount of the bond oholl be $2.00 per oquoro foot, not to oxoood $10,000. Developer undorotondo that ooid Agreement may require the payment of fooo in oxooeo of thooo now ootimotod (ooouming benefit to the projeer in the amount of ouoh fooo). Dy oxooution of thio Agreement, developer will waive any right to protoot the provioiono of thio Condition, of thio Agreement, the formation of any troffio impoat foe dimriot, or the prooooo, levy, or oollootion of any troffio mitigation or troffio impoat foe for thio projeer; provided that developer io not waiving ira right to protoot the roooonoblono,3s of any troffio impoat foe, and the amount thereof. Vesting Tentative Tract MaD No..~4187 10. 30. 31. 32. The Covenants, Conditions and RestriCtions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordorion of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, exterior of all buildings and parkways. Maintononoo for oil londooapod and olDen arooo, inoluding porkwayo, oholl be provided for in the CC&R's. Ranting oholl oommonoo oo ooon 0,3 elopes ore earnplated on any portion of the alto and shall provide for rapid ohort term oararoSe of the elope oo wall o3 long term o~tobli,3hmont oovor par standard,3 oat for in Ordinonoo q 57.75. A porformonoo bond shall be soourod with the Ranning Deportment prior to ioouonoo of any grading parmite to inouro the inotollotion of thio landoooping. This oondition opplioo only if oonotruotion of the site does not oommonoo within ninety (00) doyo of grading oporotiono. A performance bond and a one year maintenance bond shall be required for all landscaping.installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. Erosion control planting shall commence as soon as siopae am completed on any portion of the site during and following the grading operations. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaces not more than ten (1 O) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. S~,$TAFF!I=T%24182AIICC Idb 13 55. 56. 59. 63. 64. 75. 124. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA), until offered and accepted by the TCSD for maintenance purposes. Community pork sites of (3) oaras or greeter shall be offered for dodieatien te the City of Tomsouls, 'Gel..munity Services Department {T~) for maintenance purposes following oomplionoo to oxiotin~ City standards and oo.'npletien of an application presses. Proposed open space areas shall be maintained by an established Home Owners · Association (HOA). Open space areas of three (3) acres or greater .-h::e may be offered for dedication to the TCSD for maintenance purposes and possible further recreational development,* following compliance to existing City standards and completion of an application process. All areas identified for inclusion into' the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map '.~.!!! may preclude their inclusion into the TCSD. If the City Engineer determines that the projoot'o street improvement bead is insuffioiont to savor the parkway landsoaping and irrigation improvements, the developer shall, prior to rooordotion of final mop, poet o landsasps performenos bead whioh shall be released oonourrontly with the release of subdivision performenos bonds, guorontooing the viability of oll landsoaping installed prior to the aeeoptoAeo ef mointononoo responsibility by the TCSD. All lot drainage shall be directed-to the driveway by side yard drainage swales independent of any other lot, or other devices as otherwise approved by the Department of Public Works. Developer shall pay any oopitol foe for road improvements and publie fooilitioo imlse~ed upon the pro. party or projest, inoluding that for traffio and publie fooility mitiliatien required under the EIR/Nogotivo Dealsration for the projest. The foe te be paid shall be in the amount in offset at the time of payment of the foe. If on interim er fiRS1 publie fooility mitigation foe or dietriot has net boon finally established by the data en whioh developer requests its building permits for the projest er any phase thereof, the developer shall axeouts the Agreement for payment of Publie Faeili~y fee, o espy of whioh has boon provided to developer. Conourrontly, with axeouting this Agreemere, dov01opor shall po,3t a bond to assure payment of the i'~ublie Faeility fee, The amount of the bond shall be ~2.00 par square foot, not to axesod ~10,000. Developer understand,3 that said Agreement may require the payment of fees in oxoess ef the~e now estimated (o~auming benefit to the projest in the amount ef sueh fees), By oxooution of thi,3 Agreement, developer will waive any right to pretoot the pravioieA9 of thi,3 Condition, of this Agreement, the formation of any traffic impost fee dietriot, or the process, levy, or soilsorion of any trellis mitigation or troffie iml~aet fee for this projest; orovidod that developer io not waiving its right te pretest the reasonableness of any trellis impost foe, and the amount thereof. $~$TAFFI~24182ALLCC Idb 14 Vestin~ TentAtive Tract Moo No. 94188 The Covenants, Conditions and Restrictions (CC&R'a) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, exterior of all buildings and parkways. 10. Mointononoo for oil Iondooopod and olDon orooo, inoluding porkwoyo, oholl bo providod for in tho CC&FI's, 45. Ranting oholl oommonoo oo ooon oo olopos oro oomplotod on any portion of tho alto and oholl prayida for rapid ohort torm oovorogo of tho olopo oo wall oo long torm ootobliohmont oovor par otondordo oat forth in 0rdinonoo q 67.76. A porformonoo bond shall bo ooourod with the Planning Doportmont prior to ioouettoe of any grading parmira to ineuro tho inotollotion of thio Iondoooping. Thio oondition opplioo only if oonotruotion of tho alto dooo not oommonoo within ninoty (00) doyo of grading oporotion,3, 46. A performance bond and a one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. 47. Erosion control planting shall commence as soon as dopes are completed on any portion of the site during and after the grading operations. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping, Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaces not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. 72. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA), until offered and accepted by the TCSD for maintenance purposes. 73. Community pork altos of (3) oaras or groator oholl bo afrorod for dodiootion to tho City of Tomooulo, Community Sorviocs Doportmont (TC.,SD) for mointononoo purpooo8 following oomplionoo to oxioting City otondords and oomplotion of on appliootion prooo,3o. 76. Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater .-h.~ may be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. S~STAFFRF~24182ALLCC klb 15 80. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map ':;5~J may · preclude their inclusion into the TCeD. 81. If tho City [nginoor daterminos that the projoot'o street imprevoment bond is inouffioi:nt to savor tho porkwcy Iond;oaping and irrigation imprevoments, tho dovolopor shall, prior to rooordotion of final map, peat a landsrope performones bend whioh shall be rolooood oonourromly with tho roleass ef subdivision performenos bonds, guorontooing tho viobility of oll landMoping installed prier to the aeeoptaneo ef maintononoo rooponoibility by tho TCSD. 92. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot, or other devices aa otherwise approved by the Department of Public Works. 146. Dovolopor shall pay any eapitol foo for road imprevoments end publie foeilities imposed upon tho proparty or projoot, inoluding that for troffio and publie faeility miti{}atieR og roquirod undor tho Elrl/Nogativo Doolorotion for tho projest. Tho fee te be paid shall bo in tho amount in offoat at tho tires of poymont of the fro. If an interim or final pubrio fooility mitigation foo or diotriot has net boon finally established by the date on whioh dovolopor roquooto its building portoits for tho projeer er any phase thereof, the dovolopor shall oxoouto tho Agroomont for poymont of Publie Faeility fee, e oepy of whioh has boon providod to dovoloper. Conourrontly, with.oxeeuting this Agroement, dovolopor shall post o bond to ooouro poymont of the I~ublie Faeility foo. The amount of tho bond shall bo $2.00 per oquoro foot, not to e~eeed $10,000. Dovdopor undorotonds thQt said Agroomont may roquiro tho poymont ef fee3 in axeass ef theso now ootimotod (assuming bonafit to t4~o projoot in the amount ef sueh feeo~. Dy oxooution of this Agroomont, dovolopor will woivo any right te protoot the previsierv3 of this Condition, of thi,3 Agroomont, tho formation of any troffie impart fee diotriot, or tho prosago, Iovy, or soilsorion of any traffio mitigation eF traffio impart fee for thi,J projoot; orovidod that dovolopor is not waiving its right to prete~st the roaeensbleee~3 of any traffic impost los, and the amount thoroaf. FISCAL IMPACT · Up to $2 Million Dollars in Development Fees credited to Bedford Development. Potential to increase Impact Fees to the City from $2,600.00/unit under County Development Agreement to $3,000.O0/unit, but offsetting reduction from combined City County Fee of $4,700.00/unit. · Potential liability to County on one half of $2,100.00/unit. $~STAFFRPl~24182AU_CC Idb 16 Attachments: 1. Ordinance No. 92- - page 18 2. Ordinance No. 92- - page 21 3. Resolution No. 92- - page 24 4. Resolution No. 92- - page 29 5. 6. 10. 11. 12. 13. 14. Resolution No. 92- - page 35 Conditions of Approval - page 39 a. Vesting Tentative Tract Map No. 24182, Amendment No. 3 b. Vesting c. Vesting d. Vesting e. Vesting f. Vesting Tentative Tract Map No. 24184, Amendment No. 3 Tentative Tract Map No. 24185, Amendment No. 3 Tentative Tract Map No. 24186, Amendment No. 5 Tentative Tract Map No. 24187, Amendment No. 3 Tentative Tract Map No. 24188, Amendment No. 3 Development Agreement - page 40 Amendment to the Conditions of Approval submitted Commission on November 16, 1992 - page 41 Revisions to the Development Agreement submitted Commission on November 16, 1992 - page 42 by Staff to the Planning by Staff to the Planning Draft of Planning Commission Minutes (November 16, 1992) - page 43 Planning Commission Staff Report (November 16, 1992) - page 44 Development Agreement Fees prior to and after this approval - page 45 Specific Plan No. 219, Amendment No. 3 (provided under a separate cover) - page 46 Development Fee Checklist - page 47 mSTAFFRPT~24182AIJ, CC i 17 .ATTACHMENT NO. 1 ORDINANCE NO. 92- S~STAFFIFT~24182AU_CC idb 18 ATTACHMENT NO. 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING HANNING APPLICATION NO. 92-0013, THE DEVELOPMENT AG~ FOR SPECI~C PLAN NO. 219, AMF~NDMENT NO. 3; TO APPROVE A DEVF~LOPMF~NT AGREEMENT BETWEEN THE CITY OF TEMECULA AND BEDFORD DEVELOPMF~NT .-CORPORATION FOR A TEN YEAR PERIOD, TO COLLF~CT DEVELOPMENT FEES, RECEIVE CREDIT FOR QUIMBY ACT REQUIREMENTS BY DE .VELOPING ANDDEDICATING PUBLIC PARKS AND OPEN SPACE AND THE TIMING OF IMPROVE/VIENTS LOCATF~D TO THE SOUTH OF PAUBA ROAD, NORTH OF STATE HIGHWAY 79, WEST OF BUTTERFIELD STAGE ROAD AND EAST OF MARGARITA ROAD. THE CITY COUNCIL OF THE CITY OF TEMECULA ORDAINS AS FOLLOWS: Section 1. Pursuant to Government Code Section 65867.5, Planning AppLication No. 92-0013, the Development Agreement for Specific Plan No. 219, Amendment No. 3, a copy of which is on file with the City Clerk, is hereby approved. Section 2. The Mayor is hereby authorized to execute said Devcl0pment Agreement on behalf of the City of Temecula after execution there of by all landowners listed therein, provided all such landowners have executed said Development Agreement within 30 days after adoption of this Ordinance. Section 3. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted and published as required by law. PASSED, APPROVED AND ADOPTED this 8th day of December, 1992. ATTEST: PATRICIA H. BIRDSALL, MAYOR June S. Greek, City Clerk [SEAL] $'t~TAFFItFT~24182AIICC Idb 19 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 92--- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 8th day of December, 1992, and that thereafter, said Ordinance was duly adopted and passed a regular meeting of the City Council on the day of ,199 ..... by .the following roll call vote: " COUNCILMP-MBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED AS TO FORM: June S. Greek, City Clerk Scott F. Field City Attorney S~STAFFNP~24182AU, CC Idb 2O ATTACH1VIENT NO. 2 ORDINANCE NO. 92- s~sT~e=wm~4~ez, u~.cc e 21 ATTACHMENT NO. 2 ORDINANCE NO. 9'2- AN ORDINANCE OF THE CITY COUNCH., OF TBR CITY OF TEMECULA APPROVING SPECIFIC PLAN NO. 219, AMENDMENT NO. 3; AMENDING SPECIFIC PlAN NO. 219 TO ADD AN EIGHT ACRE PARK TO PLANNING AREA 6, TO MAKE THE SPECIFIC PLAN CONSISTENT WITH THE EAST SIDE MAPS AND TO MAKE ALl, THE SECTIONS OF THE SPECIFIC PLAN CONSISTENT WITH EACH OTHER AND LOCATF~D TO THE SOUTH OF PAUBA ROAD, NORTH OF STATE HIGHWAy 79, WEST OF BUTTEIhvIELD STAGE ROAD AND EAST OF MARGARITA ROAD. THE CITY COUNCIL OF THE CITY OF TEMECULA ORDAINS AS FOLLOWS: Section 1. Bedford Development Corporation has filed Specific Plan No. 219, Amendment No. 3 in accordance with applicable which is on file with the City Clerk, is hereby approved. Section 2. The Mayor is hereby authorized to execute said Specific Plan Amendment. on behalf of the City of Temecula after execution there of by all landowners listed therein, provided all such landowners have executed said Specific Plan within 30 days after adoption of this Ordinance. Section 3. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted and published as required by law. PASSED, APPROVED AND ADO FFED this 8th day of December, 1992. ATTEST: PATRICIA H. BIRDSALL, MAYOR June S. Greek, City Clerk [SEAL] ~,~TAFr'RPl'~241S2ALLCC ~ 22 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 92--- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 8th day of December, 1992, and that thereafter, said Ordinance was duly adopted and passed a regular meeting of the City Council on the __ day of ,199 by the following roll call vote:, COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED AS TO FORM: June S. Greek, City Clerk Scott F. Field City Attorney S~STAFFIFT~24182AL.LCC klb 23 ATTACItM~NT NO. RESOLUTION NO. S~TAFF!qP'T%24182AI. LCC kJb 24 ATI'ACHMENT NO. 3 RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 'rRVlECULA AlPROVING SPECIFIC H. AN NO. 219, AMENDMENT NO. 3 AMENDING SPECIFIC PLAN NO. 219 TO ADD AN EIGHT ACRE PARK TO PLANNING AREA 6, TO MAKE TIlE SPECIFIC PLAN CONSISTENT WITII ThE EAST SIDE MAPS AND TO MAKE ALL THE SECTIONS OF THE SPECIFIC PLAN CONSISTENT WITII EACIt OTHER AND LOCATED TO TIlE SOUTB OF PAUBA ROAD, NORTH OF STATE ItlGIIWAY 7), WEST OF BITI'TERFIRI-D STAGE ROAD AND EAST OF MARGARITA ROAD. WHEREAS, Bedford Development Corporation fled Specific Plan No. 219, Amendment No. 3 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Specific Plan Amendment application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Specific Plan Amendment on November 16, 1992 at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Specific Plan Amendment; WHEREAS, the City Council conducted a public hearing pertaining to said Specific Plan Amendment on December 8, 1992, at which time interested persons had an opportunity to testify either in support or opposition to said Specific Plan Amendment; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Specific Plan Amendment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: S~.STAFRIrr'~241B2ALLCC Idb 25 Section 1. Findinl,~. That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: general plan. The city is proceeding in a timely fashion with the preparation of the 2. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is litfie or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as mended 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 Riveaside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The City Council in approving the proposed Specific Plan Amendment, makes the following finding, to wit: 1. There is a reasonable probability that Specific Plan No. 219, Amendment No. 3 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State hw, due to the fact that the subject request is consistent with the SWAP Designation of Specific Plan and is in substantial conformance with Specific Plan No. 219, Amendment No. 2. 2. There is not a likely probability of substantial detriment to or interference with the future General Plan, if Specific Plan No. 219, Amendment No. 3 is ultimately inconsistent with the plan, due to the fact that approval of such an amendment will ensure orderly development of the area. and the significant environmental impacts have been mitigated. $'~TAFFRPT~24182AI,.LCC Idb 26 3. The project is compatible with surrounding land uses of schools and single family residential since it is separated by wide streets with substantial landscaping to reduce the visual impacts and other impacts have been reduced to a level of insignificance. 4. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 219, Amendment No. 2. 5. The project will have a positive impact on the surrounding land uses since it is introducing an additional new park to the area. 6. The changes proposed in the approved Specific Plan are very minor and do not change the total number of units or the overall intensity of the development. D. The Specific Plan Amendment is compatible with the health, safety and welfare of the community. Section 2. ~nvironrnental ComDli~nce. An Addendure has been prepared for this project which identified no additional impacts as a result of the changes in the. project. Therefore, staff has recommended Certification of the Addendure to E1R No. 235. Section 3. Conditions. Not applicable. Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 8th day of December, 1992. ATFF_.ST: PATRICIA H. BIRDSALL MAYOR June S. Greek, City Clerk [SEAL] S%STAFfiqPT%24182ALLCC Idb 27 STATE OF CALIFOI~) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HERERy CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temeeula at a regular meeting thereof, held on the 8th day of December, 1992 by the following vote of the Council: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCIL1V~MBERS: JUNES. GREEK CITY CLERK $%STAFI~24182ALLCC klb 28 ATI'ACIIMENT NO. RESOLUTION NO. S%STAFt:RPT%24182AL.LCC kib 29 ATrACHlVIF~NT NO. 4 RESOLUTION NO. 92.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST EXTENSIONS OF TIME FOR VESTING TENTATIVE TRACT MAP NO. 24182, AMENDMENT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24184, AMENDMENT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24185, ~MI~NT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24186, AMI~ND1ME~NT NO. 5, VESTING TENTATIVE TRACT MAP NO. 24187, AlV!ENDlVIW~NT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24188, AMENDMENT NO. 3 (EAST SIDE MAPS) TO CREATE 443 SINGLE FAMILY RF~ID~, 21 OPEN SPACE AND 4 MULTIFAMILY LOTS (VESTING TENTATIVE TRACT MAP NO. 24182, AMENDMENT NO. 3), 198 SINGLE FAMILY RESIDENTIAL, 12 OPEN SPACE LOTS (VES~G TENTATIVE TRACT MAP NO. 24814, AMENDIV[ENT NO. 3), 351 SINGLE FAMILY RESIDENTIAL, 18 OPEN SPACE LOTS (VESTING TENTATIVE TRACT · MAP NO. 24185, AlV~NDIVW~NT NO. 3), ,145 SINGLE FAMILY RESIDENTIAL, 14 OPEN SPACE AND 1 ELEMF~NTARy SCHOOL LOTS (VESTING TENTATIVE TRACT MAP NO. 24186, AMENDMENT NO 5), 363 SINGLE FAMILy RESIDENTIAL, 10 OPEN SPACE LOTS (VESTING TENTATIVE TRACT MAP NO. 24187, AMF~NDMI~NT NO. 3), 351 SINGLE FAMII.y RESIDENTIAL, 26 OPEN SPACE, 1 ELElVW~NTARY SCHOOL, AND 1 NEIGHBORHOOD COMMERCIAL LOTS (VESTING TENTATIVE TRACT MAP NO. 24188, AMENDIV!~NT NO. 3) LOCA'IT~!) TO THE SOUTH OF PAUBA ROAD, NORTH OF STATE HIGHWAY 79, WEST OF BUTTERFIELD STAGE ROAD AND EAST OF MEADOWS PARKWAY. WHEREAS, Bedford Development Corporation filed a request for the 'First Extensions of Time for Vesting Tentative Tract Map No. 24182, Amendment No. 3, Vesting Tentative Tract Map No. 24184, Amendment No. 3, Vesting Tentative Tract Map No. 24185, Amendment No. 3, Vesting Tentative Tract Map No. 24186, Amendment No. 5, Vesting Tentative Tract Map No. 24187, Amendment No. 3, Vesting Tentative Tract Map No. 24188, Amendment No. 3 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, the Planning Commission considered said Time Extensions for the East Side Maps on November 16, 1992 at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Extensions of Time for the East Side Maps; S%STAFF~'n24162ALLCC idb 30 WHEREAS, the City Council considered said Time Extensions for the East Side Maps on December 8, 1992, at which time interested persons had an opportu~ty to testify either in support or opposition; WHEREAS, at the conclusion of the Council hearing, the' Council approved said Time Extensions for the East Side Maps; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RF.~OLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. F'mdim,.~. That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Code. Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months 'following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: general plan. The city is proceeding in a timely fashion with the preparation of the 2. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. '. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as mended 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. mSTAFFRPI"~24182AL,LCC Id~ 3 1 C. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be appmved unless the following findings are made: specificplans. That the proposed land division is consistent with applicable general ~nd 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. 4. That the site of the proposed land division is physically suitable for the proposed density of the development. 5. That the design of the tn'opo~ land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 6. That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. 7. 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. D. The Council in approving of the proposed Extensions of Time for the East Side Maps, makes the following findings, to wit: East Side Maps (Vesting Tentative Tract Map No. 24182, Amendment No. 3; Vesting Tentative Tract Map No. 24184, Amendment No. 3; Vesting Tentative Tract Map No. 24185, Amendment No. 3; Vesting Tentative Tract Map No. 24186, Amendment No. 5; Vesting Tentative Tract Map No. 24187, Amendment No. 3; Vesting Tentative Tract Map No. 24188, Amendment No. 3) 1. There is a reasonable probability that the East Side Maps will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law. The project, as conditioned, conforms with existing applicable city zoning ordinances and development standards. Furthermore, the proposed density of the project is consistent with the future General Plan Land Use Designation of Low Medium Density Residential, Commercial and Public Institutional. ~STAFRMrf'~24*~e2AU-CC Mb 32 2. There is not a likely probability of substantial detriment to, or interference with the City's future General Plan, if the proposed use is ultimately inconsistent with the Plan, since the surrounding land uses are single family dwellings, schools and vacant land. 3. The propo~! use'or action as conditioned complies with State planning and zoning laws. Reference local Ordinances No. 348, 460; and California Governmental Code Sections 65(XX)-66(~ (Planning and Zoning Law). 4. The Planning Commission has considered the effect of its action upon the housing needs of the region and has balanced these needs against the public service needs of the residents and available fiscal and environmental resources (Gov. Cod Section 66412.3) and finds that ihe project density is consistent with SWAP and the future General Plan. Additionally, it will provide more diversity in the housing type available to the residents of the City of Temecula. 5. The proposed project will not result in discharge of waste into the existing sewer system that is in violation of the requirements as set out in Section 13,000 et seq. of the California Water Code since the project has been conditioned to comply with Eastern Municipal Water District's requirements. 6. The design of the subdivisions provide to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision (Gov. Code Section 66473.1) by limiting the height of the future structures 'to 40 feet and requiring setbacks according to the R-1 standards. as conditioned. The project has acceptable access by means of dedicated fight-of-way and 8. The project is consistent with the intent of the original project approved by the County of Riverside. 9. The maps are consistent with the provisions of Specific Plan No. 219, Amendment No. 3. 10. Said Findings are supported by minutes, maps, exhibits and environmental documents associated with this application and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. E. As conditioned pursuant to Section 3, the First Extensions of Time for the East Side Maps are compatible with the health, safety and welfare of the community. Section 2. P. nvironment~n Compliance. An addendum has been prepared for this project which identified no additional impacts as a result of the changes in the project. Therefore, staff has recommended Certification of the Addendure to EIR No. 235. ~STAFFRPT%24162AI.L. CC IrJb 33 Seerion 3. Cnndlfion41. That the City of Temecula City Council hereby approves First Extensions of Time for the East Side Maps (Vesting Tentative Tract Map No. 24182, Amendment No. 3; Vesting Tentative Tract Map No. 24184, Amendment No. 3; Vesting Tentative Tract Map No. 24185, Amendment No. 3; Vesting Tentative Tract Map No. 24'186, Amendment No. 5; Vesting Tentative Tract Map No. 24187, Amendment No. 3 and Vesting Tentative Tract Map No. 24188, Amendment No. 3 located to the south of Pauba Road, north of State Highway 79, west of Butterfield Stage Road and east of Meadows Parkway subject to the following conditions: A. Attachment No. 6, attached hereto. Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 8th day of December, 1992. ATTEST: PATRICIA H. BIRDSALL MAYOR June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 8th day of December, 1992 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JUNES. GREEK CITY CLERK $XSTAFF~24182AL,LCC klb 34 ATTACHMENT NO. S RESOLUTION NO. 91- - S~STAFF,~4~,~.L.CC ". 35 A'I'I'ACHlVlENT NO. 5 RESOLUTION NO. 9'2- A ~LUTION OF ~ CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING ~ ADDENDUM TO EIR NO. 235; TO CERTIFY AN ADDENDUM TO EIR NO.23S DETERMINING NO ADDITIONAL IMPACTS AS A RESULT OF THE APPROVAL OF THE DEVELOPMENT AGREEMEaNT, THE SPECIFIC PLAN AMY~NDMENT AND THE EXTENSIONS OF TIME FOR THE EAST SIDE MAPS LOCATED TO THF~ SOUTH OF PAUBA ROAD, NORTH OF STATE HIGHWAY 79, WEST OF BtrrrERFIE. I.D STAGE ROAD AND EAST OF MARGARITA ROAD. WHEREAS, Bedford Development Corporation fled a request for an Addendum to EIR No. 235 in accordance with Environmental Quality Act Guidelines, which the City has adopted by reference; · WHEREAS, said Addendum application was processed in the time and manner · prescribed by State and local law; . WHEREAS, the Planning Commission considered said Addendum on November 16, 1992, 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 certification of said Addendure; WHEREAS, the City Council conducted a public hearing pertaining to said Addendum on December 8, 1992, at which time interested persons had opportunity to testify either in support or opposition to said Addendure; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Addendure; NOW, THEREFORE, THE CITY COUNCIL OF THE CATY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Cede Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: $XSTARctqP~4182ALLCC Id~ 36 g~neral plan. The city is proce~ing in a timely fashion with the preparation of the 2. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each 'of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, 0tereinafter "SWAP*) was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The City Council in approving the proposed Addendure, makes the following findings, to wit: 1. The Addendum was prepared since the proposed project does not change any of the impacts identified in EIR No. 235. D. The Addendum is compatible with the health, safety and welfare of the community. Section 2. Environmental Compliance. Not Applicable. Section 3. Conditions. A Mitigation Monitoring Program will implement the mitigation measures identified in EIR No. 235. mSTAFi~24182AI.LCC kJb 37 Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 8th day of December, 1992. ATFEST: PATRICIA H. BIRDSALL MAYOR June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly 'adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 8th day of December, 1992 by the following vote of the City Council: ' AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: JUNES. GREEK CITY CLERK S~STAFFNPT%24182AU-,.CC klb 38 ATrACItMENT NO. 6 CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 24182, AMENDMENT NO. 3 VESTING TENTATIVE TRACT MAP NO. 24184, AMENDM!~NT NO. 3 VESTING TENTATIVE TRACT MAP NO. 2418~, AMENDlV~NT NO. 3 VESTING TENTATIVE TRACT MAP NO. 24186, AMENDlV~NT NO. ~ VESTING TENTATIVE TRACT MAP NO. 24187, AMENDMENT NO. 3 VESTING TENTATIVE TRACT MAP NO. 24188, AMENDMENT NO. 3 St. STAI:!:RPT%241SZALLCC Idb 39 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 24182, Amendment No. 3, First Extension of Time Project Description: To subdivide 136.2 acres into 443 Single Family Residential, 21 Open Space and 4 Multi-Family Residential lots. Assessor's Parcel No.: 926-130-036 926-130-037 926-130-038 926-130-039 926-130-040 Approval Date: Expiration Date: PLANNING DEPARTMENT The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, 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. 2. Any delinquent property taxes shall be paid prior to recordation of the final map. 3. Subdivision phasing shall be subject to Planning Department Approval. e Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall 'be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the 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 collies of the recorded final map to the Planning Department and the Department of Building and Safety. The following notes shall be placed on the ECS: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply With the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy." "EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." S~STAFFFItq~24182ALL. COA 5. Prior to the issuance of GRADING PERMITS, the following conditions shall be satisfied: If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: (1) Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading. and identification of areas which may be graded during the higher probability rain months of January through March. (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase. The developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. The applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be' superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer or its successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and revised October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and exterior noise levels to 65 Ldn. 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. S~STA FFRPT~.4182ALL. COA ~, 10. 11. 12. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 24182, Amendment No. 3, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, :.-._~ exterior of all buildings and parkways. (Amended by Planning Commission on November 16, 1992). No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Maintonanoo for all lendseeped and opcn arcas, inoluding porkwayc, shell bc provided for in thc CC&R's. (Amended by Planning Commission on November 16, 1992). Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars ($875.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) plus the Twenty-Five Dollar (~25.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required S\STAFFRFT~24182ALLCOA 3 above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). 13. A Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets G, H, S and the two future entrances to the 20.0 acre Very High Density Residential parcels. 14. Bicycle trails shall be constructed per Figure 6 of Specific Plan No. 219, Amendment No. 3 along Street A, Class II and DePortola Road, Class I. 15. A Major Project Entry Statement shall be constructed per Figure 35 of Specific Plan No. 219, Amendment No. 3 for Lot 446. 16. Minor Project Entry Statements shall be constructed per Figures 35 and 36 of Specific Plan No. 219, Amendment No. 3 for lots 452 and 460. 17. Minor Community Entry Statements shall be constructed per Figures 32 of Specific Plan No. 219, Amendment No. 3 for lots 458 and 454. 18. A Landscaped Transition Area shall be constructed per Figure 13C of Specific Plan No. 219, Amendment No. 3 for lot 450. This Landscaped Transition Area shall be incorporated into a 25 to 40 foot minimum building setback for the development of structures on lots 465,466, 467 and 468 at the Plot Ran stage. 19. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Meadows Parkway. 20. Roadway landscape treatment shall be constructed per Figure 25 of Specific Plan No. 219, Amendment No. 3 for State Highway 79. 21. Roadway landscape treatment shall be constructed per Figure 23A of Specific Plan No. 219, Amendment No. 3 for Butterfield Stage Road. 22. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for DePortola Road. 23. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Street A. 24. The Landscape Development Zone (LDZ) along Major Community Street Scenes including Meadows Parkway, DePortola Road and Butterfield Stage Road and State Highway 79 shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV.C.l.b.2.a., b. and c. of Specific Plan No. 219, Amendment No. 3. 25. The LDZs along the Project Street Scene, Street A, shall use the plant palette per Section IV.C.I.c.1. of Specific Plan No. 219, Amendment No. 3. 26. The landscaping for lots 458,446 and 454 shall use the Accent Trees on the plant palette in Section IV.C.I.d.1. and 2. of Specific Plan No. 219, Amendment No. 3. S\STA FFRPT~241 112All, COA 4 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. The plant palette for Evergreen Background Grove Trees per Section IV.C. 1 .d.4.a of Specific Plan No. 219, Amendment No. 3 and the plant palette for Deciduous Accent Grove Trees per Section Iv.C.1 .b.2.a. shall be used for the landscape buffer zones in lot 450. The Very High .Density Residential landscape requirements shall be consistent with Section IV.C.3.c.1 through 14 of Specific Plan No. 219, Amendment No. 3. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per Figure 40 of Specific Plan No. 219, · Amendment No. 3; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Butterfield Stage Road, State Highway 79, Meadows Parkway, Street A and DePortola Road. Project Masonry Walls and Project View Walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets G, H and S. The Medium High Density Residential landscape requirements shall be consistent with Section IV.C.3.c. 1. through 14. of Specific Plan No. 219, Amendment No. 3. The Medium Density Residential landscape requirements shall be consistent with Section IV.C.3.d.1. through 7. of Specific Plan No. 219, Amendment No. 3. The accent trees identified in Section IV.C.I.d.3. of Specific Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets G, H and S. The plant material palette identified in Section IV.C.I.e. of Specific Plan No; 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. The seed mix for Turf Grass identified in Section IV.C.1 .e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead of the seed mix. Ranting shall commonoc as soon as -Jopos arc oomplctod on any portion of tho sitc and shall providc for rapid short torm savorsgo of tho slops o,3 wall as long torm c~ablishmont savor per standards sct forth in Ordinonoo 457,75. A porformanoo bond ~.~,~11 bc 3ocurod with thc Ronning Dcpartmont prior to issuanoo of any grading pormits to in-jura tho in,3tollotion of this landGasping, Thi3 eondition opplios only if oon'3truotion of thc sitc doos not oommonoc within nincty (00) dayc of grading sparations. (Amended by Planning Commission on November 16, 1992). A performance bond and a one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of the landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. (Amended by Planning Commission on November 16, 1992). $~STAFFRPT~ 4182ALL. COA 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. Erosion control planting shall commence as soon as dopes are completed on any portion of the site during and following grading operations. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more than ten (10} feet on center or trees spaced not to exceed twenty (20} feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. (Amended by Planning Commission on November 16, 1992). Irrigation for the project site shall be consistent with Section IV.C. 1 .j. of Specific Plan No. 219, Amendment No. 3. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. The residential lot street tree requirements and front yard requirements shall be consistent with Section IV.C.3.a.1 .,2., and 3. of Specific Plan No. 219, Amendment No. 3. All lighting within the project shall be consistent with Section IV.C.5 of Specific Plan No. 219, Amendment No. 3. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of 'Specific Plan No. 219, Amendment No. 3 (Section IV). All future development within this project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. The amenities and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway paseos shall be used for developing these areas or as modified by the DeVelopment Agreement 92- 0013. Maintenance and timing for completion of all open space areas shall be as identified in Development Agreement 92-0013 or shall be consistent with Specific Plan No. 219, Amendment No. 3, if the Development Agreement is null and void. A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. S%STAFFRFT~4182ALL.COA 6 49. 50. A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval. The following needs to be included in these plans: A. Typical front yard landscaping for interior, corner and cul-de-sac lots. B. Typical slope landscaping. C. Private and public park improvements and landscaping. All open space area landscaping including, private and public common areas, private recreational areas, paseos, equestrian trails, monuments and the Landscape Development Zones. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. The timing for installation of all landscaping, walls and trails shall be identified prior to approval of these plans. The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this' condition. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. J. The responsibility for installation of all landscaping and walls shall be identified. 'K. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part .of the open space lot that they are a part of and shall be consistent with the provisions of the Specific Plan No. 219, Amendment No. 3. Lw. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of twenty four (24) inch box trees into the design. A note shall be placed on the conceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement), or any subsequent amendments. S~STAFFRFT~4182ALLCOA 7 51. If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. 52. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992. 53. A Private Active Participation Opportunity Area shall be constructed for lots 465,466, 467 and 468. This area may include facilities such as pools, spas, cabanas, meeting rooms, barbecues, wet-bars and kitchen facilities. This area shall be a minimum of 1.05 acres. 54. A Plot Plan shall be filed for the development of lots 465, 466, 467 and 468. The individual developments within these lots shall be consistent with this plot plan. 55. All two-story residential structures shall maintain a 40-foot setback from the State Route 79 right-of-way (this condition applies to single family dwellings only). 56. Lots 80, 81,239, 240, 275 and 276 (which have side structure exposure) shall be limited to one-story residential dwellings unless the 40-foot setback requ!rement (identified in Condition No. 55) can be met during final site design. 57. The following conditions shall apply to lots 465,466, 467 and 468: Future multi-family structures located on the site ~,hc',;~ shall maintain a minimum 40-foot setback from the property line along State Route 79 and a minimum 30-foot setback from the property lines adjacent to Meadows Parkway and "A" Street. (Amended by Planning Commission on November 16, 1992). Any future multi-family structures located within the 65 dBA noise level contour shall be constructed with doublc ponod windowc to maintain interior noise levels at 45 dBA or less (refer to Wilber Smith Associates Noise Study dated September 22, 1992 and subsequent Study dated October 3, 1992). (Amended by Planning Commission on November 16, 1992). Any outdoor activity/recreation areas developed as part of the multi-family residential project shall be located in the center portion of the site where exterior noise levels would be below 65 dBA (refer to Wilber Smith Associates Noise Study dated September 22, 1992 and subsequent Study dated October 3, 1992). OTHER AGENCIES 58. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated October 6, 1992, a copy of which is attached. S'~STAFFRPT~4182ALL. COA 8 59. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 60. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. 61. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittal dated January 23, 1992, a copy of which is attached. 62. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal date January 21, 1992, a copy of which is attached. 63. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated January 21, 1992, a copy of which is attached. 64. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittal dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 65. All proposed construction shall comply with the California Institute of Technology, PaiDmar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with as set forth below, or as modified by separate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. Prior to Recordation of Final MaD(s) 66. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA), until offered and accepted by the TCSD for maintenance purposes. (Amended by Planning Commission on November 16, 1992). 67. Community park sitcs of (;3) oorcs or groatof shall bc offorod for dodiootion to tho City of Tomooula, Community Sorviocs Dcportmcnt (TCSD) for mointononoo purposos following oomplianoc to axisring City 3tondards and Damplotion of on oppliootion proeels. (Amended by Planning Commission on November 16, 1992). 68. All proposed slopes, open space. and park land intended for dedication to the TCSD for maintenance purposes-shall be identified on the final map by numbered lots and indexed to identify said lot numbers as a proposed TCSD maintenance area. S~STAFFRPT~4182ALL. COA 9 69. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards' and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). 70. Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open sl~ace areas of three (3) acres or greater =hG~ may be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. (Amended by Planning Commission on November 16, 1992). 71. Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. 72. All necessary documents to convey to the TCSD any re~luired easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be 'submitted by the developer or his assignee prior to the recordation of final map. 73. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. 74. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map ~-!!! may' preclude their inclusion into the TCSD. (Amended by Planning Commission on November 16, 1992). 75. If thc City Enginoor dotorminos that tho projoot's atroot improvomont bond is in,'~ufficicnt to oovor thc parkway land~ooping and irrigation improvomonts, thc dcvelopcr ~Jnall, prior to rccordation of final map, pact a Iondaoapc porformonoo bond which shall bo roloasod oonourrontly with tho roloo~o of subdivi,aion porformanoc bondc, guarontooing thc viability of all landsoo!~ing ir~tallod prior to tho Goooptanoo of maintonanoc rcspon~ibility by thc TCSD. (Amended by Planning Commission on November 16, 1992). Prior to Issuance of Certificate of Occuoancv(s) 76. It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. S%STAFFRPT~24182ALL.COA 10 77. Prior to issuance of any certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. General 78. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES SPECIFICATIONS. AND 79. '.The developer, the developer's successors or assignee, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. PUBLIC WORKS DEPARTMENT The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative map or site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. GENERAL REQUIREMENTS 80. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 81. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed Ci'ty right-of-way. 82. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for approval prior to recordation of the final map or the issuance of any permits. 83. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. S~STAFFRPT%24182ALL. COA 11 84. PRIOR 85. 86. 87. 88. 89. 90. 91. 92. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. TO ISSUANCE OF GRADING PERMITS: The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot, or other devices ss otherwise approved by the Department of Public Works. (Amended by Planning Commission on November 16, 1992). Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Riverside County Flood Control District; Planning Department; Department of Public Works; CalTrans; General Telephone; Southern California Edison Company; and Southern California Gas Company. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the 'construction of engineered structures and pavement sections. An erosion control plan shall be prepared by a registered civil engineer and submitted the Department of Public Works for review and approval. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 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 been already credited to this property, no new charge needs to be paid. S\STAFFRI~4"I82ALL.COA 12 93. 94. ,95. 96. 97. 98. 99. PRIOR 100. 101. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. A drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. Identify and mitigate impacts of grading to any onsite or offsite drainage course. The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 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. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. A permit from Riverside County Flood Control District is required for work within their right-of-way. TO THE ISSUANCE OF ENCROACHMENT PERMITS: All necessary grading permit requirements shall have been submitted/accomplished to the satisfaction of the Department of Public Works. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24." x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the S%STAFFRPT~24182ALL.COA 13 102. 103. 104. 105. 106. location of existing utility facilities and easements as directed by the Department of Public Works. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk). Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All concentrated drainage directed towards the public street from the multi- family residential site shall be conveyed through undersidewalk drains. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. Improvement plans per City Standards for the private streets or drives within the multi- family residential development shall be required for review and approval by the Department of Public Works. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in. accordance with City Standard 207 and 208. All driveways shall be located a minimum of two (2) feet from the side property line. S\STAFFRPT~24182ALL.COA 14 107. 108. 109. PRIOR 110. 111. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. TO RECORDATION OF FINAL MAP: The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, traffic signals and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems. F. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control District; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; CalTrans; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southern California Gas Company S~STAFFRPT~.4182ALL.COA 15 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. Pedestrian access with sidewalks shall be provided from. the cul-de-sac terminus of streets "D", "F", "M", "N" and "W" to the adjacent public street. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. Streets "G" , "H" and "S" shall be improved with 50 feet of asphalt concrete pavement with a raised 1 O-foot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-Way in accordance with modified City Standard No. 104, Section A (70'/50'). All remaining interior local streets shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). De Portola Road and Street "A" shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). Meadows Parkway and Butterfield Stage Road shall be improved with 43 feet of half street improvement with a raised median, plus one 12-foot lane outside the median turn lane, or bonds for the street improvements may be posted, within a 110' dedicated right-of-way in accordance with City Standard No. 100, (110'/86'). State Highway 79 shall be improved with concrete curb and gutter, asphalt concrete pavement, and any reconstruction or resurfacing of existing paving as determined by Caltrans within a 71-foot half-width dedicated right-of-way per Caltrans letter, dated January 23, 1992. In the event that the required improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required improvements per applicable City Standards. All Assessment District No. 159 improvements immediately adjacent to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. Left turn lanes shall be provided at all intersections on Street "A" and De Portola Road. S~STAFFRPT%24182ALL.COA 16 123. 124. 125. 126. 127. 128. 129. 130. 131. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the-City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by .the City prior to commencement of the appraisal. Vehicular access shall be restricted on State Highway 79, Butterfield Stage Road, De Portola Road, Street "A" and Meadows Parkway and so noted on the final map with the exception of street intersections and two (2) entry points to Street "A" for the multi-family residential lots as shown on the approved Tentative Map and as approved by the Department of Public Works. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for State Highway 79, Butterfield Stage Road, De Portola Road, Street "A" and Meadows Parkway and shall be included in the street improvement plans. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersections of Meadows Parkway at Street "A" and De Portola Road at Street "A" and shall be included in the street improvement plans with the second plan check submittal. Traffic signal interconnection shall be designed by a registered Civil Engineer to show 1-1/2" rigid conduit with pull rope, and #3 pull boxes on 200 foot centers along the property fronting State Highway 79 and Butterfield Stage Road. This design shall be shown on the street improvement plans and must be approved by the Department of Public Works.and Caltrans. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. Corner property line cut off shall be required per Riverside County Standard No. 805. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. S~STAFFRPT~24182ALL. COA I 7 132. 133. 134. 135. 136. PRIOR 137. 138. 139. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, 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 for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works 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. Prior to recording the 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. TO BUILDING PERMIT: A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing 'compaction and site conditions. Grading of the subject property shall be in accordance with the Uniform 'Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County Geologist, dated May 15, 1989. Dcvolopor shall pay any oopital foc for rood improvomonts and publio fooilitio3 impoaod upon thc proparty or projoot, inoluding that for troffio and publio fooility mitigation as roquirod undor tho EIR/Nogativc Dealoration for tho projoot. Tho foo to bc paid shall bc in thc amount in offoat at thc timo of paymont of tho foo. If on intorim or final publio faoility mitigation foo or distriot ha3 not boon finally ostabli,ahod by tho dotc on whioh dovolopor roquosts it3 building pormits for tho projoot or any phaso thoroaf, thc dovolopor ohall oxooutc thc Agroomont for poymont of Publie Faoility foo, a oopy of whioh has boon providod to dovolopor. Conourrontly, with oxoouting this Agroomont, S%STAFFRPT%241B2.AII.COA I 8 PRIOR 140. 141. 142. 143. 144. 145. 146. 147. 148. developer aholl poet o bond to ooouro payment of the Publie Feeility foe, The omeunt of the bond oholl be e2.00 par oquoro foot, not to oxoood el0,000, Doveleper undoratonda that aoid Agreement may require the payment of fooo in exooo,3 of those now oatimotod (aoouming benefit to the projeer in the amount of suoh foes). Dy oxooution of this Agreement, developer will waive any right to protest the provisions of thia Condition, of thia Agreement, the formation of any traffio impnot foe dietriot, or the proease, levy, or oollootion of any troffio mitigation or traffio impeat foe for this projoot; provided that developer is not waiving ita right to protest the roeoonabloneos of any traffio impnot foc, and the amount thereof. (Amended by Planning Commission on November 16, 1992). TO ISSUANCE OF CERTIFICATES OF OCCUPANCY:' All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. All signing and striping shall be installed per the approved signing and striping plan. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. All traffic signal interconnection shall be installed per the approved plan. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'/32'). Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. The following traffic signals shall be constructed as warranted as part of the reimbursement agreement at the following locations: S%STAFFRPT~4182ALL.COA 19 B. C. D. E. F. State Highway 79 at the Interstate 15 ramps. State Highway 79 at Pala Road. State Highway 79 at Margarita Road. State Highway 79 at Meadows Parkway. State Highway 79 at Butterfield Stage Road. Butterfield Stage Road at De Portola Road. S~TAFFI~41~2ALLCOA 20 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 24184, Amendment No. 3, First Extension of Time Project Description: To subdivide 54.0 acres into 198 single Family Residential and 12 Open Space Lots Assessor's Parcel No.: Approval Date: Expiration Date: 926-130-027 926-130-031 PLANNING DEPARTMENT .1. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, 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. 2. Any delinquent property taxes shall be paid prior to recordation of the final map. 3. Subdivision phasing shall be subject to Planning Department Approval. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the 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 notes shall be placed on the ECS: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy." Be "EIR No. 235 and an Addendure to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." S~STAFFRPT~4182ALLCOA 2 1 5. Prior to issuance of GRADING PERMITS the following Conditions shall be satisfied: If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: (1) Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase. The developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. The applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer or its successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and subsequent study dated October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and exterior noise levels to 65 Ldn. 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. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City S\STA FFRPT~24 '182ALL. COA 2 2 10. 11. 12. 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 Vesting Tentative Tract Map No. 24184, Amendment No. 3, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, exterior of all buildings and parkways. (Amended by Planning Commission on November 16, 1992). No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and.services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Maintcnanoe for all landsoapod and opcn or,as, inoluding parkways, shall bc providc, d for in thc CC&R'c. (Amended by Planning Commission on November 16, 1992). Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars ($875.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) plus the Twenty-Five Dollar ($25.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section'21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). S~STAFFRFT~24182ALL. COA 23 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets B, D and E. An Equestrian trail shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for north side of DePortola. Bicycle trails shall be constructed per Figure 6 of Specific Plan No. 219, Amendment No. 3 along DePortola Road, Class I and Street A and Street C, Class II. A Major Project Entry Statement shall be constructed per Figure 35 of Specific Plan No. 219, Amendment No. 3 for Lot 203. A Community Intersection Entry Statement shall be constructed per Figure 34 of Specific Plan No. '219, Amendment No. 3 for lot 206. Minor Project Entry Statements shall be constructed per Figures 35 and 36 of Specific Plan No. 219, Amendment No. 3 for lot 208. A Project Intersection Entry Statement shall be constructed per Figure 38 of Specific Plan No. 219, Amendment No. 3 for lot 201. A Secondary Paseo shall be constructed per the cross section on the map for lot 210. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street A. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Meadows Parkway. Roadway landscape treatment shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for DePortola Road. Roadway landscape treatment shall be constructed per Figure 26 of Specific Plan No. 219, Amendment No. 3 for Street C. The LDZs along the Project Street Scenes Streets A and C shall use the plant palette per Section IV.C.1 .c.1. of Specific Plan No. 219, Amendment No. 3. The landscaping for lots 203 and 206 shall use the Accent Trees on the plant palette in Section IV.C.I.d.1. and 2. of Specific Plan No. 219, Amendment No. 3. Greenbelt Paseo Trees as identified in Section IV.C. 1 .d.4.a. and b. of Specific Plan No. 219, Amendment No. 3 shall be used for lot 210. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per Figure 40 of Specific Plan No. 219, Amendment No. 3; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Meadows Parkway, DePortola Road and Street C. S%STAFFRPT~41e2ALL. COA 24 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. Project Masonry Walls and Project View Walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets A, B, D and E. An Equestrian Rail Fence shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3 along the north side of DePortola Road. The Medium Density Residential landscape requirements shall be consistent with Section IV.C.3.d.1. through 7. of Specific Plan No. 219, Amendment No. 3. The accent trees identified in Section IV.C.I.d.3. of Specific Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets A, B, D and E. The Landscape Development Zone (LDZ) along Major Community Street Scenes including Meadows Parkway and DePortola Road shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV.C.1 .b.2.a., b. and c. of Specific Plan No. 219, Amendment No. 3. The plant material palette identified in Section IV.C.I.e. of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. The seed mix for Turf Grass identified in Section IV.C.1 .e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead. of the seed mix. planting 3hall oommonoc as soon as slopas arc oomplotod on any portion of tho sitc and ~h311 providc for rapid 3hort torm oovorogo of thc 31opo as wall as long torm cstablishmont oovor par stand3rds sct forth in Ordinanoc 4 57.76~. A porformanoo bond s, hall bc soourod with tho Planning Dopartmont prior to isguonoo of any grading portoits to insurc thc installation of this landsoaping. This oondition opplics only if oorvJtruotion of thc sitc docs not oommonoc within ninoty (00) days of grading oporationc. (Amended by Planning Commission on November 16, 1992). A performance bond and a one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. (Amended by Planning Commission on November 16, 1992). Erosion control planting shall commence as soon as slopes are completed on any portion of the site during and following grading operations. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet.in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent S%STAFFRPT%.241 e2ALL.COA 2 5 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. spacings, in addition to the ground cover. consistent with Ordinance No. 457.57. November 16, 1992). Other standards of erosion control shall be (Amended by Planning Commission on Irrigation for the project site shall be consistent with Section IV.C. 1 .j. of Specific Plan No. 219, Amendment No. 3. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. The residential lot street tree requirements and front yard requirements shall be consistent with Section IV.C.3.a.1 .,2., and 3. of Specific Plan No. 219, Amendment No. 3. All lighting within the project shall be consistent with Section IV.C.5 of Specific Plan No. 219, Amendment No. 3. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 (Section IV). All future development within this project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. The amenities and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway paseos shall be used for developing these areas or as modified by the Planning Application 92-0013 (Development Agreement). Maintenance and timing for completion of all open space areas shall be 'as identified in Planning Application No. 92-0013 (Development Agreement) or shall be consistent with Specific Plan No. 219, Amendment No. 3, if the Development Agreement is null and void. A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map, A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval. The following needs to be included in these plans: A. Typical front yard landscaping for interior, corner and cul-de-sac lots. B. Typical slope landscaping. S\STAFFRPT~4182ALLCOA 2 6 50. 51. C. Private and public park improvements and landscaping. All open space area landscaping including, private and public common areas, private recreational areas, paseos, equestrian trails, monuments and the Landscape Development Zones. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. The timing for installation of all landscaping walls and trails shall be identified prior to approval of these plans. The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape plans'and shall be screened as specified on this condition. J. The responsibility for installation of all landscaping and walls shall be identified. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a part of and shall be consistent with the provisions of the Specific Plan. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of twenty four (24) inch box trees into the design. A note shall be placed on the conceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement), or any subsequent amendments. If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. S\STAFFRPT%241S2ALL. COA 2 7 52. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith AssOciates dated September 22, 1992 and its supplement dated October 3, 1992. OTHER AGENCIES 53. 54. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated October 6, 1992, a copy of which is attached. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of'area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 55. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. 56. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittal dated January 23, 1992, a copy of which is attached. 57. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal date January 21, 1992, a copy of which is attached. 58. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated January 21, 1992, a copy of which is attached. 59. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittal dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 60. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with as set forth below, or as modified by separate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. S~STAFFRFT~4182ALL.COA 28 Prior to Recordation of Final MaD(s) 61. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA), until offered and accepted by the TCSD for maintenance purposes. (Amended by Planning Commission on November 16; 1992). 62. Community pork citos of (3) ooroo or groator oholl bo offorod for dodiootion to thc City of Tomooulo, Community 8orviooo Doportmont (TGSD) for maintonanoo purpoocs following oomplionoc to oxi,3ting City standards and oomplotion of on oppliootion prooc.~s. (Amended by Planning Commission on November 16, 1992). 63. All proposed slopes, open space, and park land intended for dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to identify said lot numbers as a proposed TCSD maintenance area. 64. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). 65. Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater GhG!~ may be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. (Amended by Planning Commission on November 16, 1992). 66. Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. 67. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordation of final map. 68. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. 69. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map ':~ may preclude their inclusion into the TCSD. (Amended by Planning Commission on November 16, 1992). 70. If thc City ERginoor dotormincs that tho projoot's 3troot improvomont bond ic ir~uffioiont to oovor the p-qrkway landsoaping and irrigation improvomont3, tho dovolopor shall, prior to rooordotion of final mop, poet a Iond,3oapo porformonoc bond S%STAFFRPT%24182ALL. COA 29 whioh ohall bc rolooeod oonourrontly with tho rolcoso of subdivi~ien Isorfermanec bonds, guorantooing tho viability of all Iond~oaping irv3tallod prier te tho aoeoptaneo of maintononoo rosponoibility by tho TGSD. {Amended by Planning Commission on November 16, 1992). Prior to Issuance of Certificate of Occuoancv(s) 71, It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made. in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 72. Prior to issuance of any certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. General 73. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES SPECIFICATIONS. AND 74. The developer, the developer's successors or assignee, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted .by the TCSD. PUBLIC WORKS DEPARTMENT The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative map or site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. ' S\STA FFRPT~24182AL.L. COA 3 0 GENERAL REnUIREMENTS 75. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 76. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 77. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for approval prior to recordation of the final map or the issuance of any permits. 78. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 79. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. PRIOR TO ISSUANCE OF GRADING PERMITS: 80. The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 81. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot, or other devices as otherwise approved by the Department of Public Works. (Amended by Planning Commission on November 16, 1992). 82. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until .an NPDES Notice of Intent has been filed or the project is shown to be exempt. 83. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Riverside County Flood Control District; Planning Department; Department of Public Works; General Telephone; Southern California Edison Company; and Southern California Gas Company. $~STAFFRPT~24182ALLCOA 3 1 84. 85. 86. 87. 88. 89. 90. .91. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 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 Rood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. A drainage study shall be submitted to the Department of Public Works for revi'ew and approval. The drainage study shall include, but not be limited to, the following criteria: Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. Identify and mitigate impacts of grading to any onsite or offsite drainage courses. The location of existing and post development l O0-year floodplain and floodway shall be shown on the improvement plan, The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 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. S%STAFFRPT~241 ea2ALL. COA 3 2 92. 93. 94. PRIOR 95. 96. 97. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. A permit from Riverside County Flood Control District is required for. work within their right-of-way. TO THE ISSUANCE OF ENCROACHMENT PERMITS: All necessary grading permit requirements shall have been submitted/accomplished to the satisfaction of the Department of Public Works. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. B. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk). Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise aiDproved by the Department of Public Works. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. S%STAFFRPT~241 e2ALL. COA 3 3 98. 99. 100. 101. 102. 103. PRIOR 104. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. All driveways shall conform to the applicable City of Temecula standards and shall be · shown on the street improvement plans in accordance with City Standard 207 and 208. All driveways shall be located a minimum of two (2) feet from the side property line. All utility systems including gas, electriC, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. TO RECORDATION OF FINAL MAP: The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street .lights, signing, traffic signals and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems. F. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. S~STAFFRPT~24182ALL.COA 34 105. 106. 107. 108. 109. 110. 111. 112. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control District; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; CalTrans; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southern California Gas Company If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. Pedestrian access with sidewalks shall be provided from the cul-de-sac terminus of Streets "K" and "J" through the paseo to Street "H", and from the cul-de-sac terminus of Street "G" to the adjacent public street. All road easements and/or street dedications shall be offered f(jr dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. Streets "B" , "D" and "E" shall be improved with 50 feet of asphalt concrete pavement with a raised. 10-foot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A (70'/50'). All remaining interior local streets shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). Street "A" shall be improved with 44 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 103, Section A (66'/44'). De Portola Road and Meadows Parkway shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). S~$TAFFRPT~24182ALL. COA 3 5 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. Street "C" shall be improved with 42 feet of half street improvement with a raised median, plus one 12-foot lane outside the median turn lane, or bonds for the street improvements may be posted, within a 108' dedicated right-of-way in accordance with Specific Plan Figure 5A "Gateway Road and modified City Standard No. 100, ( 108 '/84'). In the event that the required access improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required access improvements per applicable City Standards. All Assessment District No. 159 improvements necessary for access to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development as deemed appropriate by the 'Department of Public Works. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. Left turn lanes shall be provided at all intersections on Street "A" and De Portola Road. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. Vehicular access shall be restricted on Street "A", Street "C", De Portola Road and Meadows Parkway and so noted on the final map with the exception of street 'intersections as shown on the approved Tentative Map and as approved by the Department of Public Works. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for De Portola Rc~ad, Street "A", Street "C" and Meadows Parkway and shall be included in the street improvement plans. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of De Portola Road at Street "C" and shall be included in the street improvement plans with the second plan check submittal. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. S%STAFFRPT~4182ALL, cO~ 3 6 123. 124. 125. 126. 127. 128. 129. PRIOR 130. 131. Corner property line cut off shall be required per Riverside County Standard No. 805. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, 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 for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works 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. Prior to recording the final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CA'IV Standards at time of street improvements. 'TO BUILDING PERMIT: A precise grading plan shall be submitted to the Department of Public W~rks for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County Geologist, dated May 30, 1989. S%STAFFRPT%241 e2ALL. COA 37 132. PRIOR 133. 134. 135. 136. 137. 138. 139. 140. Dovolopor shall pay any oapitol foo for road improvomonts and publio fooilitios imposed upon tho property or projoot, inoluding that for traffio and publio faoility miti§etien as roquirod undor tho r'lR/Nogotivo Doolorotion for tho projoot. Thc foc to be paid shall bc in tho amount in offoat at tho timo of paymont of tho foo. If on intorim or final public faoility mitigation foo or diGtriot has not boon finoily ostoblished by the dotc en whioh dovolopor roquosts ira building parmite for tho projoot or any phoso thereof, thc dovolopor shall cxoouto tho Agroomont for poymont of Publio Faeility feo, a oopy of whioh hac boon providod to dovolopor. Conourrontly, with oxoouting this Agroomont, dovolopor oholl post o bond to ooouro poymont of the Publie Faeility foo. Thc amount of thc bond shall bc ~2.00 par squaro foot, not to oXoood ~10,000. Dcvolopor undorctonds that said Agroomont may roquirc tho payment of foos in oxooss of thosc now ostimatod (assuming bonafit to tho projoot in tho amount of suoh face). Dy oxooution of this Agroornont, dovolopor will waivo any right to protost tho provisions of this Condition, of this Agroomont, tho formation of any troffio impoat foc district, or the prooos~, Icvy, or oollootion of any traffio mitigation or traffio impoat foe for this project; orovidod that dovolopor is not waiving its right to protost tho roasonablonc3,3 of any troffio impoat foc, and tho amount thoroaf. (Amended by Planning Commission on November 16, 1992). TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. All signing and striping shall be installed per the approved signing and striping plan. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'/32'). Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities S\STAFFRPT~24182ALL COA 3 8 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 24185, Amendment No. 3, First Extension of Time Project Description: To Subdivide 95.0 acres into 351 Single Family Residential and 18 Open Space Lots Assessor's Parcel No.: 926-130-032 926-130-033 926-130-034 926-130-035 Approval Date: Expiration Date: PLANNING DEPARTMENT The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, 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. 2. Any delinquent property taxes shall be paid prior to recordation of the final map. 3. Subdivision Phasing shall be subject to Planning Department Approval. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the 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 notes shall be placed on the ECS: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy." Be "EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." S%STAFFRPT~4182ALL. COA 4 0 t Prior to issuance of GRADING PERMITS the following Conditions shall be satisfied: If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: (1) Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March.. (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase. The developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. The applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to A. the issuance of BUILDING PERMITS the following conditions shall be satisfied: No buiiding permits shall be issued by the City for any residential lot/unit within the project boundary until the developer or its successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and subsequent study dated October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and the Exterior noise levels to 65 Ldn. 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. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City S~STAFFRPT~24182ALL. COA 41 m 10. 11. 12. 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 Vesting Tentative Tract Map No. 24185, Amendment No. 3 which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, exterior of all buildings and parkways. (Amended by Planning Commission on November 16, 1992). No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and .services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Maintonanoc for oll landseopod and open oroos, inoluding porkwoya, shall bo provided for in thc CC&R's. (Amended by Planning Commission on November 16, 1992). Every owner of a dwelling unit. or lot shall own as an appurtenance to such dwelling unit or lot, either ( 1 ) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars (e875.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) plus the Twenty-Five Dollar ($25.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). S\STAFFRPT~4182ALL, COA 42 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets E, D, F and G. An Equestrian trail shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for north side of DePortola. Bicycle trails shall be constructed per Figure 6 of Specific Plan No. 219, Amendment No. 3 along DePortola, Class I and Street A, B and C, Class II. A Major Project Entry Statement shall be constructed per Figure 35 of Specific Plan No. 219, Amendment No. 3 for Lot 361. Minor Project Entry Statements shall be constructed per Figures 35 and 36 of Specific Plan No. 219, Amendment No. 3 for lots 354 and 356. A Project Intersection Entry Statement shall be constructed per Figure 38 of Specific Plan No. 219, Amendment No. 3 for lots 352 and 363. A Slopo Tronoition Aroo oholl be oonotruotod poF Fi§uro 13D ef Sl~eeifie RaR No. 210, Amondmont No, 3 for the northorly proporty lino of lot 4 t: 1, (Amended by Planning Commission on November 16, 1992). Secondary Paseos shall be constructed per the cross section on the map for lots 365 and 366. Roadway landscape treatment shall be constructed per Figure 23A of Specific Plan No. 219, Amendment No. 3 for Butterfield Stage Road. Roadway landscape treatment shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for DePortola Road. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. '219, Amendment No. 3 for Street A. Roadway landscape treatment shall be constructed per Figure 27 of SPecific Plan No. 219, Amendment No. 3 for Street B. Roadway landscape treatment shall be constructed per Figure 26 of Specific Plan No. 219, Amendment No. 3 for Street C. The Landscape Development Zone (LDZ) along Major Community Street Scenes including Butterfield Stage Road and DePortola Road shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV.C. 1 .b.2.a., b. and c. of Specific Plan No. 219, Amendment No. 3. The LDZs along the Project Street Scenes Streets A, B and C shall use the plant palette per Section IV.C. 1 .c. 1. of Specific Plan No. 219, Amendment No. 3. S~STA FFRPT%.24182ALL COA 4 3 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. The landscaping for lot 361 shall use the accent trees on the plant palette in Section IV.C.I.d.1. and 2. of the Specific Plan No. 219, Amendment No. 3. Greenbelt Paseo Trees as identified in Section IV.C. 1 .d.4.a. and b. of Specific Plan No. 219, Amendment No. 3 shall be .used for lots 365 and 366. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per Figure 40 of Specific Plan No. 219, Amendment No. 3; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Butterfield Stage Road, Street C and DePortola Road. Project Masonry Walls and Project View Walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets A, B, D, E, F and G (between DePortola Road and Street S). An Equestrian Rail Fence shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3 along the north side of DePortola Road. The Medium Density Residential landscape requirements shall be consistent with Section IV.C.3.d. 1. through 7. of Specific Plan No. 219, Amendment No. 3. The accent trees identified in Section IV.C.I.d.3. of Specific Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets A, D, E, F and G. The plant material palette identified in Section IV.C.I.e. of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. The seed mix for Turf Grass identified in Section IV.C.I.e of Specific Plan No, 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead of the seed mix. planting oholl oommonoc as soon as ~Jopos arc completed on any portion of thc 3itc 'and ~.,hall providc for rapid Ghort tcrm oovorogc of thc ~Jopo as wall as long term cstablishmont cover pc~ =t3ndards sct forth in Ordinance 41~7.75. A performsnee bond shall bc soourod with the Planning Department prior to issuenee of any grading permits to in3urc thc installation of this land.~caping. This oondition applies only if oonstruotion of thc sitc docc not oommoncc within nincty (00) dayc of grading oporationG, (Amended by Planning Commission on November 16, 1992). A performance bond and a one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. (Amended by Planning Commission on November 16, 1992). Erosion control planting shell commence as soon as dopes are completed on any portion of the site during and following grading operations, A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to S~.STA FFRFF~24182ALL COA 44 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. insure the installation of this landscaping. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. (Amended by Planning Commission on November 16, 1992). Irrigation for the project site shall be consistent with .Section IV.C. 1 .j. of Specific Plan No. 219, Amendment No. 3. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. The residential lot street tree requirements and front yard requirements shall be consistent with Section IV.C.3.a.1 .,2., and 3. of Specific Plan No. 219, Amendment No. 3. All lighting within the project shall be consistent with Section IV.C.5 of Specific Plan No. 219, Amendment No. 3. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with tiie Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 (Section IV). All future development within this project shall comply with applicable Zoning · Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. The amenities and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway paseos shall be used for developing these areas or as modified by the Planning Application No. 92- 0013 (Development Agreement). Maintenance and timing for completion of all open space areas shall be as identified in Planning Application No. 92-0013 (Development Agreement) or shall be consistent with Specific Plan No. 219, Amendment No. 3, if the Development Agreement is null and void. A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. S\STAFFRFT~24182ALL. COA 4 5 50. 51. A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval. The following needs to be included in these plans: A. Typical front yard landscaping for interior, corner and cul-de-sac lots. B. Typical slope landscaping. C. Private and public park improvements and landscaping. All open space area landscaping including, private and public common areas, private recreational area, paseos, equestrian trails, monuments and Landscape Development Zones. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. The timing for installation of all landscaping walls and trails shall be identified prior to approval of these plans. The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. J. The responsibility for installation of all landscaping and walls shall be identified. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a part of and shall be consistent with the provisions of the Specific Plan. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of twenty four (24) inch box trees into the design. Me A note shall be placed on the conceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. The development of this project and all subsequent developments within this project shall be consistent with.Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement) or any subsequent amendments. S\STAFFRPT%.24182AII. COA 4 6 52. If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. 53. Double-pane window treatment shall be recluired for second floor elevation windows in any two-story~homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992. OTHER AGENCIES 54. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated October 6, 1992, a copy of which is attached. 55. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 56. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. 57. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittal dated January 23, 1992, a copy of which is attached. 58. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal date January 21, 1992, a copy of which is attached. 59. The applicant.shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated January 21, 1992, a copy of which is attached. 60. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittal dated May 7, 1992, a copy Of which is attached. BUILDING AND SAFETY DEPARTMENT 61. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with as set forth below, or as modified by separate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. S\STAFFRPT~24182ALL.COA 47 Prior to Recordation of Final MaD(S) 62. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA), until offered and accepted by the TCSD for maintenance purposes. (Amended by Planning Commission on November 16, 1992). 63. Community park sitc3 of (3) ooroc or groator shall bc offorod for dodiootion to tho City of Tomooula, Community Sorvioos Dopartmont (TCSD) for mainton3noc purposes following oomplianoo to oxi,sting City stondard~ and oomplotion of on applioation proaces. (Amended by Planning Commission on November 16, 1992). 64. All proposed slopes, open space, and park land intended for dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to identify said lot numbers as a proposed TCSD maintenance area. : 65. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). 66. Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater -.h---~ may be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. (Amended by Planning Commission on November 16, 1992). 67. Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. 68. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordation of final map. 69. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. 70. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map '::!!! may preclude their inclusion into the TCSD. (Amended by Planning Commission on November 16, 1992). S%STA FFRPTt24182AU,. COA 4 8 71. If thc City Enginoor dotormino~ that tho projoot's stroot improvomont bond is inouffioiont to oovor thc parkway landsoaping and irrigation improvomonts, thc dovolopor shall, prior to rooordation of final map, post o Iondsoopo porformanoc bond whioh aholl bo roloaaod oonourrontly with tho roloosc of subdivision porformanoc bonds, guarantooing thc viability of oll Iondoooping in,atallod prior to thc aoocptanoc of mointonanoc rosponeibility by tho TCSD. (Amended by Planning Commission on November 16, 1992). Prior to Issuance of Certificate of Occupancy(s) 72. It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, its zones and' zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 73. Prior to issuance of any certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. General 74. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES SPECIFICATIONS. AND 75. The developer, the developer's successors or assignee, shall be responsible for all landscaping maintenance until such .time as maintenance duties are accepted by the TCSD. PUBLIC WORKS DEPARTMENT The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative map or site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. S%STAFFRPT~24182ALL, COA 4 9 ATTACHIV~NT NO. 7 DEVELOPMY-~ AGREEMiiINT S~.STAFFRPT~?4182ALL. CC Idb 40 ATTACHMENT NO. 8 AMF~NDMENT TO CONDITIONS OF APPROVAL SUBMrrrED BY STAFF TO THE PLANNING COMMI,~SION ON NOVEMBER 16, 1992 S~TAI~4182AL,LCC klb 41 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Gary Thornhill,. Director of Planning November 16, 1992 Amendments to Vesting Tentative Tract Map No. 24182, Amendment No. 3, 1st Extension of Time Conditions The following Amendments to the Conditions of Approval are recommended by the Planning Staff. Amend Condition No. 6.A. to read as follows: 6. Prior to issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until developer or its successor's-in-interest provides evidence of compliance with public facility f'mancing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. Eliminate the statement between Condition No. 7 and Condition No. 8' Covenants, Conditiorm and Rcstrietiona/Reciproeal Acecss Basemoats: Eliminate COndition No. 36 and amend Condition No. 38 to read as follows: 36. Enyaion control planting shall commence as soon as slopes ate eomplotod on any portion of thc site and shall provide for rapid short, to,.-Tn covc;ugc of the slope as vigil as long term establishment cover per standards sot forth in OMinanec No. ~157.75. A porformaneo bond shall be socurod with tho Iqanmg Dcpamnent prior to issuance of any grading pox-nits to insure the installation of this landseeping. This condition applies only if const-action of the site does not commence v,4thin ninety (90) days of grading operations. S\STAFFRJq"X24.152.K vgw 38. Erosion control planting shall commence as soon as slopes are completed on any portion of the site during and following grading operations. A performance bond shah be secured with the Planning Department prior to issuance of any grading permits to in.mire the installation of this landscaping. Cut slopes equal to or greater that five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exccccling f'tftcen (15) fcct in vertical height shall be planted with shrubs, spaced not more that ten (10) feet on center or tre~s spaced not to cxccccl twenty (20) feet on center of a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance INTo. 457.57. Amend Condition No. 47 to read as follows: 47. Maintenance and timing for completion of all open space areas shall be as identified in Development Agreement 92-0013 or shah be consistent with Specific Plan No. 219, Aanendment No. 3, if the Development Agreement is null and void. Amend Condition No. 50 to read as follows: 50. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement), or any subsequent amendments. S\STAFFRPT%24182.~ ~ ~) MRMORANDUM TO: FROM: DATE: SUB~,CT: Planning Commission Gary Thornhill, Director of Planning November 16, 1992 Amendments to Vesting Tentative Tract Map No. 24184, Amendment No. 3, 1st Extension of Time Conditions · The following Amendments to the Conditions of Approval are recommended by the Planning Staff. Amend Condition No. 6.A. to read as follows: 6. Prior to issuance of BLrI!._-nlNG PERMYES 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 developer or its successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. Eliminate the statement between Condition No. 7 and Condition No. 8 Covenants, Cot~litions and Rcstrietion~MRociproeal Access 'F. asoments: Eliminate Condition No. 36 and amend Condition No. 38 to read as follows: 36. Planting shall commence as soon as slopes are completed on any portion of the site and shall providc for lapid sbort term coveragc of the slope as wcH as long term cstablishment cover per standards set forth in Ordinance 4157.75. A porfo,-mance bond shall be soourad with the Planning Department prior to issuance of any grading portoits to insure the inatallation of this landscaping. This condition apFlioa only ff construction of the site does not commence within ninety (90) days of grading operationa. S~TAFFRIq"~241~2.1WZr vgw 3 38. Erosion control planting shall commence as soon as slopes are completed on any portion of the site. A performance bond shah be secured with the Plannina Deport/nent prior to issuance of any grading perhilts to insure the in,eta~fion of th~ landscaping. Cut slopes equal to or greater that five (5) fcct in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more that ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center of a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shah be consistent with Ordinance No. 457.57. This condition applies only if construction of the site does not commence within ninety (90) days of grading operations. Amend Condition No. 47 to read as follows: 47. Maintenance and timing for completion of all open space areas shall be as identified in Development Agreement 92-0013 (Development Agreement) or shall be consistent with Specific Plan No. 219, Amendment No. 3, if.the Development Agreement is null and void. Amend Condition No. 50 to read as follows: The development of this project and all subsequent developments within this project shah be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement), or any subsequent amendments. S~rAFFRPT~24112.PC vlw 4 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Gary Thornhffi, Director of Planning November 16, 1992 Amendments to Vesting Tentative Tract Map No. 24185, Amendment No. 3, 1st Extension of Time Conditions The following Amendments to the Conditions of Approval are recommended by the Planning Staff. Amend Condition No. 6.A. to read as follows: 6. Prior to issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until developer or its successor's-in-interest provides evidence of compliance with public facility fmancing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. Eliminate the statement between Condition No. 7 and Condition No. 8 Covonants, Conditions and Rcstrictions/Reciproc, nl Access 'F. asements: Eliminate Condition No. 19 19. A Slope Ta.nsition Area shall bc constructed per Figure 13B of Epccific Plan No. 219, Amendment No. 3 for the northerly property line of lot 451. SX~FAFFRPT~III2.1~C vff 5 l~-liminate Condition No. 37 and amend Condition No. 39 to read as follows: 37. Planting .qhall commoncc as soon as slol~s n."e complotod on any po,-'don of thc sitc and shall providc for ,-apid sho,~ te, u~ covoragc of thc slope as s~ll as long te,,n o,jtablishmont covor per standards not forth in Ordinance 457.75. A porform~ce bond shall bc sceured with the Ixlanning Depa,-Unemit prior to issuancc of any g,ading po,,~,its to inaur~ the installation of this landscaping. This condition applios only ff constraction of the site does not commoncc within sincry (90) days of g,ading ~ations. 39. Erosion control planting shah commence as soon as slopes are completed on any portion of the site. A performance bond shah be' secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping. Cut slopes equal to or greater that five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shah be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more that ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center of a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. This condition applies only if construction of the site does not commence within ninety (90) days of grading operations. Amend Condition No. 48 to read as follows: 48. Maintenance and timing for completion of all open space areas shall be as identified in Development Agreement 92-0013 or shah be consistent with Specific Plan No. 219, Amendment No. 3, if the Development Agreement is null and void. Amend Condition No. 51 to read as follows: 51. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement), or any subsequent amendments. S'~VrAFFRF'r~II2.PC vRw 6 MEMORANDUM TO: FROM: DATE: SUBJK~T: Planning Commission Gary Thornhill, Director of Planning November 16, 1992 Amendments to Vesting Tentative Tract Map No. 24186, Amendment No. 3, 1st Extension of Time Conditions The following Amendments to the Conditions of Approval are recommended by the Planning Staff. Amend Condition No. 6.A. to read as follows: 6. Prior to issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City' for any residential lot/unit within the project boundary until developer or its successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. Eliminate the statement between Condition No. 7 and Condition No. 8 Covenants, Conditions and Restrlctions/Reciproeal Aec, c~ Easomonts: Eliminate COndition No. 31 and amend Condition No. 33 to read as follows: 31. Ixlanting shall commence as soon as slopes are completed on any poKion of thc site and shall provide for rapid short term cove/age of the slope as w<~ll as long torm establishment cov{>r per standards sot for in Ontinance 457.75. A perfoemance bond shall be soc, urod with tho Itlanning Dopartmont prior to hammoo of any grading permits to inaurc the inatallation of thia landseaph~g. This conditioa appliea only if construelion of the site does not commence within ninety (90) days of g,ading ope~atiom. S\~I'AFF~Ill. PC vlw 7 33. Erosion control planting shah commence as soon as slopes are completed on any portion of the site. A perfornmnce bond shall be secured with the Plannin~p Deportment prior to issuance of any grading petEnits to in.mire the installation of this landscaping. Cut slopes equal to or greater that five (5) feet in vertical height and ~H slol~s equal to or greater than three (3) feet in vertical height shaU he planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fLftccn (15) feet in vertical height shall he planted with shrubs, spaced not more that ten (10) fcct on center or trees spaced not to exceed twenty (20) feet on center of a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall he consistent with Ordinance No. 457.57. This condition applies only if construction of the site does not commence within ninety ~(90) days of grading operations. Amend Condition No. 42 to read as follows: 42. Maintenance and timing for completion .of aH open space areas shah he as identified in Development Agreement 92-0013 (Development Agreement) or shall be consistent with Specific Plan No. 219, Amendment No. 3, ff the Development Agreement is null and void. Amend Condition No. 45 to read as follows: 45. The development of this project and all subsequent developments within this project shah be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement), or any subsequent amendments. Add Condition No. 48 to read as follows and renumber all subsequent conditions: 48. A Slope Transition Area shah be constructed per Figure 13B of Specific Plan No. 219, Amendment No. 3 for the northerly property line of lot 461. S~TAFFRPT~24182.PC vgw ~ ~ORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Gary Thornhill, ~r of Planning November 16, 1992 Amendments to Vesting Tentative Tract Map No. 24187, Amendment No. 3, 1st Extension of Time Conditions .The following Amendments to the Conditions of Approval are recommended by the Planning Staff. Amend Condition No. 6.A. to read as follows: 6. Prior to issuance of BUILDING PERMYFS 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 developer or its successor's-in-interest provides evidence of compliance with public facility f'mancing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. Eliminate the statement between Condition No. 7 and Condition No. 8 Covenants, Conditions and Rcstrietions/Reciproeal Ac, ecss i'~sc~nents: Amend Condition No. 14 to read as follows: 14. Bicycle trails shall be constructed per Figure 6 of Specific Plan No 219, Amendment No. 3 along Meadows Parkway, Class I and Streets A, B and C, Class II. S\STAFF~IS2.PC vg~ 9 gllminaie Condition No. 30 and mend Condition No. 32 to read as follows: 30. Planting shall commence as ~oon as slopes arc complctod on any pot, ion of the site and shall provide for ,-upid short to,--m covora~ of the slope as well as long te, a~ o~tablinhmont oovor per standard~ sot for in Ordinance 457.75. A porformance bond shall bc sceu,-ul with thc Planning Dcpm-anont p~or to issuance of any Fn_ding pc,.,.its to insure th~ installation of this landscaping. This condition applios only ff const, action of the site does not commeace within ninety (90) days of grading e~c, atiom. 32. Erosion control planting shah commence as soon as slopes are completed on any portion of the site, A performance bond shah be secured with the Planning Department prior to issuance of any grading permits to insure the in.,rfa!lation of this landscaping. Cut slopes equal to or greater that five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shah be planted with a ground covcr to protect the slope from crosion and instability. Slopes exceeding fifteen (15) feet in vertical height shah be planted with shrubs, spaced not more that ten (10) feet on center or trees spaced not to exceed twcnty (20) feet on ccnter of a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of crosion control shall be consistent with Ordinance No. 457.57. This condition applies only if construction of the site does not commence within ninety (90) days of grading operations, Amend Condition No. 41 to read as follows: 41. Maintenance and timing for completion of all open space areas shah be as identified in Development Agreement 92-0013 (Development Agreement) or shah be consistent with Specific Plan No. 219, Amendment No..3, fithe Development Agreement is null and void. Amend Condition No. 43.n. to read as follows: 43.n. The development of this project and all subsequent developments within this project shall .be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement), or any subsequent amendments. Re-number Condition Numbers 43.N., O and P to 44, 45 and 46. AH subsequent conditions to be m-numbered accordingly. S~rAFFRPT~24182.pC vgw 10 M!tMORANDUM TO: FROM: DATE: SURIECT: Planning Commission Gary Thornhill, Director of Planning November 16, 1992 Amendments to Vesting Tentative Tract Map No. 24188, Amendment No. 3, Ist Extension of Time Conditions The following Amendments to the Conditions of Approval are recommended by the Planning Amend Condition No. 6.A. to read as follows: 6. Prior to issuance of BUILDING PERMITS the following conditions shall be satisfied: A, No building permits shall be issued by the City for any residential lot/unit within the project boundary until developer or its successor's-h-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollan ($100) per lot/unit shall be deposited with the City as mitigation for public library development. Amend Condition No. 6.c. to read as follows: 6.c. Roof-mounted mechanical equipment shall not be permitted within the residential portion of the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. Roof-mounted equipment may be allowed for commercial structures if they are architecturally screened from view from the adjoining streets and properties. Eliminate the statement between Condition No. 7 and Condition No. 8 Covonants, Conditions and Rostrietiorm/Reciproeai Acc, o$ Eusoments: S~rAFFRFYh~II2.PC vlw 11 l~.liminate Condition No. 45 and mend Condition No. 47 to read as follows: ¸{5. Planting shall commoncc as 3oon aa .qlopes aN, completed on any poa~on of thc 3ito and shah ptovidc for rapid sho,~ W,~, cov~"agc of thc slop~ as well as long term ~atabliohmont covor per ntandard~ sot fo,-Xh in Ordinance 457.75. A performance bond shall be ~-,unxi v.~ith the Iqanning Dep~aont prior to issuance of nr.y g,,~ding pe.,k.its to insut~ the installation of tkis landscaping. This condifloa ag-plic~ only if eonsh action of the aim does not cemmonoc vithin ninety (90) days of grading opo.-afloas. 47. Erosion control planting shah commence as soon as slopes are completed on any portion of the site. A performance bond shah be secured with the P!annim, Department prior to issuance of any grading permits to ingure the im~allation of thi~ landscaping. Cut slopes equal to or greater that five (5) feet in vertical height and ~l slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exc.~xling fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more that ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center of a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. This condition applies only if construction of the site does not commence within ninety (90) days of grading operations. Amend Condition No. 56 to read as follows: 56. Maintenance and timing for completion of all open space areas shall be as identified in Development Agreement 92-0013 or shah be consistent with Specific Plan No. 219, Amendment No. 3, ff the Development Agreement is null and void. Amend Condition No. 59 to read as follows: 59. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement), or any subsequent amendments. Add Condition No. 63 to read ass follows and re-number all subsequent conditions accordingly. 63. A sign program shah be submitted and approved by the Planning Department prior to issuance of building pe,'a~cs for lot 362. $XSTA~II2.PC vlw 12 ATTACHMENT NO. 9 REVISIONS TO THE DEVF~OPMENT AGI~EEMiENT SUBMI1-rED BY STAFF TO THE PLANNING COMMISSION ON NOVEMBER 16, 199'2 $XSTAFFRPT~241 82ALLCC t 42 MEMORANDUM TO: Planning Commission FROM: Gary Thornhill, Director of Planning DATE: November 16, 1992 SUBJECT: Planning Application No. 92-0013 (Development Agreement, Paloma del Sol) The following revisions to the Development Agreement are recommended by staff: Page 20, Section 12.6a to read as follows: (a) An eight-acre park located in Specific Plan Planning Area No. 6 37 and within Tentative Tract 25417 (8-Acre Park) will be improved with two baseball diamonds/soccer field combination with lights, restroom and concession building, group picnic area, drinking fountains, trash receptacles and parking lot. Reasonable primary and secondary access and drainage from De Ponola Road and Campanula Way shall also be provided in compliance with the minimum requirements of Ordinance 460 and City Standards. Page 22, Section 12.8.b.c to read as follows: (b) ' Improvements to the 9.35-Acre Paseo Park (Tract 24186, Lots 451,452 and 453; Tract 24187, Lots 368 and 369) shall be completed prior to issuance of the 100~ combined building permit within TraCts 24187 and 24188. (c) Improvements to the 7.44-Acre Park shall be completed prior to the issuance of the 100· combined building permit within Tracts 24182, 24184, 24185 and 24186. Page 23, Section 12.8.d. to read as follows: (d) Improvement to and transfer of the remaining 142 acres of greenbelt paseos, roadway paseos, public parkway and slope landscaping, both East and West sides of Paloma del Sol shall occur ~vith the completion of development of the adjoining t, acts and in accordance with the current TCSD funding procedures and practices and according to the following schedule: S~TAFFRPT~I3PA92.DA Page 24 ~ot460 · The 7.44-Acre Park. '® To be completed and dedicated to the City prior to issuance of the 100~ combined building permit within Tracts 24182, 24184, 24185 and 24186. Other equivalent parks in the vicinity may be substituted for development of this park if the alternatives are approved by the City. Page 25 Lots 451. 452 and 453 · A portion of the 9.35-Acre Park. · To be developed and dedicated to the City prior to issuance of the 10(P combined building permit within Tracts 24187 and 24188. Tract 24187 Lot 369 · A portion of the 9.35-Acre Park. · To be developed and dedicated to the City prior to issuance of the 10 (P combined building permit within Tracts 24187 and 24188. Tract 24188 Lot 352 · To be developed as a Passive Park. · Prior to issuance of 50% of the building permits for Lots 217 through ~4) 351. S%STAFFRPT',I3PA92.DA GENERAL REQUIREMENTS 76. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 77. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 78. A copy of the grading and improvement plans, along with supporting 'hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for approval prior to recordation of the final map or the issuance of any permits. 79. All improvement plans, grading 'plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 80. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. PRIOR TO ISSUANCE OF GRADING PERMITS: 81. The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 82. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot, or other devices as otherwise approved by the Department of Public Works. (Amended by Planning Commission on November 16, 1992). 83. Prior to issuance of a grading permit, developer must comply with the requirements of. the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board, No grading shall be permitted until-an NPDES Notice of Intent has been filed or the project is shown to be exempt, 84, Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: · · · · · · San Diego Regional Water Quality; Riverside County Flood Control District; Planning Department; Department of Public Works; General Telephone; Southern California Edison Company; and Southern California Gas Company, S~TAFFRPT~4 1 e2ALL.COA 5 0 85. 86. 87. 88. 89. 90. 91. 92. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 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 been already credited to this property, no new charge needs to be paid. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. A drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or-approved storm drain facilities as directed by the Department of Public Works. Identify and mitigate impacts of grading to any onsite or offsite drainage courses. The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan. The subdivider shall accept and properly dispose of all off:site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 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. S~STAFFRPT~241 e2ALL.COA 5 1 93. 94. 95. PRIOR 96. 97. 98. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. A permit from Riverside County Flood Control District is required for work within their right-of-way. TO THE ISSUANCE OF ENCROACHMENT PERMITS: All necessary grading permit requirements shall have been submitted/accomplished to the satisfaction of the Department of Public Works. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. B. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk). Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. Ge All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. S~S~FFP, Fr~2,~ ~ sz~LL. c~ 5 2 99. 100. 101. 102. 103. 104. PRIOR 105. All street and. driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. I. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 208. All driveways shall be located a minimum of two (2) feet from the side property line. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works.' TO RECORDATION OF FINAL MAP: The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street.. lights, signing, traffic signals and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems. F. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. S~STAFFRPT~24182ALL.COA 53 106. 107. 108. 109. 110. 111. 112. 113. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control District; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; CalTrans; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southern California Gas Company If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. Pedestrian access with sidewalk shall be provided from the cul-de-sac terminus of Street "L" through the open space to Street "H", and from the cul-de-sac terminus of Street "R" to the adjacent public street "G". All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. Streets "B" at Butterfield Stage Road, "D", "E", "F" and "G" up to Street "S" shall be improved with 50 feet of asphalt concrete pavement with a raised 10-foot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A (70'/50'). Street "G" shall transition to 60-foot right-of-way at Street "Q". All remaining interior local streets shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). Street "A" and Street "B" shall be improved with 44 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 103, Section A (66'/44'). De Portola Road shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). S\STAFFRPT~24182ALL C OA 54 114. Street "C" shall be improved with 42 feet of half street improvement with a raised median, plus one 12-foot lane outside the median turn lane, or bonds for the street improvements may be posted, within a 108' dedicated right-of-way in accordance with Specific Plan Figure 5A "Gateway Road and modified City Standard No. 100, ( 108 '/84'). 115. Butterfield Stage Road shall be improved with 43 feet of half street improvement with a raised median, plus one 12-foot lane outside the median turn lane, or bonds for the street improvements may be posted, within a 1 l O-foot dedicated right-of-way in accordance with City Standard No. 100, (110'/86'). 116. In the event that the required access improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required access improvements per applicable City Standards. All Assessment District No. 159 improvements necessary for access to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development as deemed appropriate by the Department of Public Works. 117. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. 118. Left turn lanes shall be provided at all intersections on Street "A" and De Portola Road. 119. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 120. Vehicular access shall be restricted on Street "A", Street "B", Street "C", De Portola Road and Butterfield Stage Road and so noted on the final map with the exception of street intersections as shown on the approved Tentative Map and as approved by the Department of Public Works. 121. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for De Portola Road, Street "A", Street "B", Street "C" and Butterfield Stage Road and shall be included in the street improvement plans. 122. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of De Portola Road at Street "C" and shall be included in the street improvement plans with the second plan check submittal. S%STAFFRPT%24182AII,COA 5 5 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. PRIOR 133. Traffic signal interconnection shall be designed by a registered Civil Engineer to show 1-1/2" rigid conduit with pull rope, and #3 pull boxes on 200-foot centers along the property fronting Butterfield Stage Road. This design shall be shown on the street improvement plans and must be approved by the Department of Public Works. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. Corner property line cut off shall be required per Riverside County Standard No. 805. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, 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 for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." Prior to recordat'ion 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 developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject p~operty. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works 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. Prior to recording the 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. TO BUILDING PERMIT: A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. S~STAFFRFrT~4182,ALLCOA 5 6 134. 135. PRIOR 136. 137. 138. 139. 140. 141. 142. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conforrnance with the recommendations of the County Geologist, dated May 30, 1989. Developer Gholl pay any oapitol foe for rood improvements and publie fooilitics impo,3ed upon the property or projeer, inoluding that for troffio and publie fooility mitigation as required under the FIR/Negative Dealoration for the projoot. The foe to be paid shall be in the amount in offoat at the time of payment of the foe. If on interim or final publie fooility mitigation foe or dietriot ho~ not boon finally oetnbli,3hod by thc data on whioh developer roquo,3ts ira building parmite for the projoot or any phooo thereof, thc developer shall axeauto the Agreement for payment of I~ublie Faeility foe, a oopy of whioh has boon provided to dcvolopor. Conourrontly, with cxoouting this Agroomcnt, developer shall post o bond to soourc payment of the I'~ublie Feeility foe. The amount of thc bond shall be ~2.00 par squorc foot, not to oxoood ~10,000. Developer understands that said Agreement may require thc payment of foes in oxooso of thosc now estimated (o~',,uming boncfit to thc projeer in the amount of suoh focs). Dy cxooution of this Agreement, developer will woivc any right to protest the provi~ionc of this Condition, of this Agreement, the formation of any troffio impoat foe district, or thc proooss, levy, or oollootion of any traffio mitigation or troffio impoat foe for this project; orovidod that developer is not waiving its right. to protest the roosonabloncs~ of any traffic impoat foc, and thc amount thcroof. (Amended by Planning Commission on November 16, 1992). TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. All signing and striping shall be installed per the approved signing and striping plan. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. All traffic signal interconnection shall be installed per the approved plan. The subdivider shall provide '"stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'/32'). S~STAFFRPT'~.241 e2ALLCOA 5 7 143. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. 144. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. S%STAFFRPT~4182AL.L. COA 5 8 . CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative .Tract Map No: 24186, Amendment No. 5, First Extension of Time Project Description: Subdivide 114.1 acres into 445 Single Family Residential, 14 Open Space Lots and I Elementary School Site Assessor's Parcel No.: Approval Date: Expiration Date: 955-130-011 926-130-028 926-130-029 926-130-030 PLANNING DEPARTMENT The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, 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. 2. Any delinquent property taxes shall be paid prior to recordation of the final map. 3. Subdivision Phasing shall be subject to Planning Department Approval. Prior to recor~iation 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 notes shall be placed on the ECS: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy." Be "EIR No. 235 and an Addendure to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." S%STAFFRPT%24182ALL. C0A 5 9 5. Prior to issuance of GRADING PERMITS the following Conditions shall be satisfied: If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: (1) Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase. The developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. The applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer or its successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars (8100) per lot/unit shall be deposited with the City as mitigation for public library development. With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and subsequent study dated October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and exterior noise levels to 65 Ldn. 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. The subdivider shall defend, indemnify, and hold harmless the City of Temec~ula, its agents, officer, and employees from any claim, action, or proceeding against the City S%STAFFRPT~24182ALI,.COA 60 10. 11. 12. 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 Vesting Tentative Tract Map No. 24186, Amendment No. 5, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, exterior of all buildings and parkways. (Amended by Planning Commission on November 16, 1992). No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Mointononoc for all landsoapod and opon eroos, inoluding porkwoys, sholl bo providod for in thc CC&Ft's. (Amended by Planning Commission on November 16, 1992). Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars ($875.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) plus the Twenty-Five Dollar ($25.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). S~STAFFRFr~241 e2ALL. COA 6 1 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. A Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets C, B, T, F and D. Bicycle trails shall be constructed per Figure 6 of Specific Plan No. 219, Amendment No. 3 along Meadows Parkway, .Class I and Street A, Class II. Minor Project Entry Statements shall be constructed per Figures 35 and 36 of Specific Plan No. 219, Amendment No. 3 for lot 449. A Paseo Entry Statement with Pedestrian Crossing shall be constructed per Figure 49 of Specific Plan No. 219, Amendment No. 3 for Intersection of Meadows and Street D. A Community Paseo shall be constructed per Figure 30 of Specific Plan No. 219, Amendment No. 3 for lots 451,452, 457 and 460. Secondary Paseo shall be constructed per the cross section on the map for lots 447, 456 and 458. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street A. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Meadows Parkway. The Landscape Development Zone (LDZ) along Major Community .Street Scene, Meadows Parkway, shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV.C.l.b.2.a., b. and c. of Specific Plan No. 219, Amendment No. 3. The LDZs along the Project Street Scene. Street A, shall use the plant palette per Section IV.C.I.c.1. of Specific Plan No. 219, Amendment No. 3. 'Greenbelt Paseo Trees as identified in Section IV.C. 1 .d.4.a. and b. of Specific Plan No. 219, Amendment No. 3 shall be used for lots 451,452,457,460,447,456,458 and the intersection of Meadows and Street D. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per figure 40; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Meadows Parkway. Project Masonry Walls and Project View walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets A, B, C (between Street A and Street G, if it does not interfere with access to any lots), T (between A Street and P Street, if it does not interfere with access to any lots), F & D (between Meadows Parkway and Street N). The Medium High Density Residential landscape requirements shall be consistent with Section IV.C.3.c.1. through 14. of Specific Plan No. 219, Amendment No. 3. s~s~r-w~24~ez,~-.co~ 62 27. 28. 29. 30. 31. 32. 33. 34. 35. The accent trees identified in Section IV.C.I.d.3. of Specific Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets A, B, C, D and F. The plant palette for Evergreen Background Grove Trees per Section IV.C.1 .d.4.a of Specific Plan No. 219, Amendment No. 3 and the plant palette for Deciduous Accent Grove Trees per Section IV.C. 1 .b.2.a. shall be used for the landscape buffer zones in lots 461. The plant material palette identified in Section IV.C. 1 .e. of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. The seed mix for Turf Grass identified in Section IV.C.1 .e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead .of the seed mix. Ranting shall oommonoc as soon 3¢~ olopos aro oomplotod on any portion of thc ~itc and shall provido for rapid short torm savorsgo of tho slops as wall as long term octobliohmont savor par standorda cot for in Ordinonoo 45;7.75. A porformanoo bond -_,hall bo soourod with thc Ranning Dcpartmont prior to isouonoc of any grading permits to insuro'tho installation of thia landsoaping. This oondition 3pplioa only if oonstruction of thc sits docc not oommonoo within ninoty (00) days of grading oporotiorr~. (Amended by Planning Commission on November 16, 1992). A performance bond and a one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department.' This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. (Amended by Planning Commission on November 16, 1992). Erosion control planting shall commence as soon as slopes are completed on any portion of the site during and following the grading operations. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits · to insure the installation of this landscaping. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3') feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. (Amended by Planning Commission on November 16, 1992). Irrigation for the project site shall be consistent with Section IV.C.1 .j. of Specific Plan No. 219, Amendment No. 3. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. S%STAFFRPT~24182ALL COA 6 3 36. 37. 38. 39. 40. 41. 42. 43. 44. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. The residential lot street tree requirements and front yard requirements shall be consistent with Section IV.C.3.a.1 .,2., and 3. of Specific Plan No. 219, Amendment No. 3. All lighting within the project shall be consistent with SeCtion IV.C.5 of Specific ,Plan No. 219, Amendment No. 3. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 (Section IV). All future development within this project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. The amenities and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway paseos shall be used for developing these areas or as modified by the Planning Application No. 92- 0013 (Development Agreement). Maintenance and timing for completion of all open space areas shall be as identified in Planning Application No. 92-001'3 (Development Agreement) or shall be consistent with Specific Plan No. 219, Amendment No. 3, if the Development Agreement is null and void. A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval. The following needs to be included in these plans: A. Typical front yard landscaping for interior, corner and cul-de-sac lots. B. Typical slope landscaping. C. Private and public park improvements and landscaping. All open space area landscaping including, private and public common areas, private recreational areas, paseos, equestrian trails, monuments and Landscape Development Zones. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. S~STAFFRPT~.4182ALL, COA 6 4 45. 46. 47. 48. The timing for installation of all landscaping walls and trails shall be identified prior to approval of these plans. The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. J. The responsibility for installation of all landscaping and walls shall be identified. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a part of and shall be consistent with the provisions of the Specific Plan. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of twenty four (24) inch box trees into the design. A note shall be placed on the Conceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement), or any subsequent amendments. If the Gnatcatcher is listed as an endangered species, proper .studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. Double°pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992. A Slope Transition Area shall be constructed per Rgure 13B of Specific Plan No. 219, Amendment No. 3 for the northerly property line of lot 461. (Amended by Planning Commission on November 16, 1992). S%STAFFRPT%24182AII. COA 6 5 OTHER AGENCIES 49. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittel dated October 6, 1992, a copy of which is attached. . 50. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 'of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 51. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. 52. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittal dated January 23, 1992, a copy of which is attached. 53. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal date January 21, 1992, a copy of which is attached. 54. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated January 21, 1992, a copy of which is attached. 55. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittal dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 56. All proposed construction shall comply with the California Institute of Technology, PaiDmar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with as set forth below, or as modified by separate Development Agreement. All Questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. Prior to Recordation of Final MaD(s) 57. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA), until offered end accepted by the TCSD for maintenance purposes. (Amended by Planning Commission on November 16, 1992). S%STAFFRPT%24182ALLCOA 6 6 58. 59. 60. 61. 62. 63. 64. 65. 66. Community pork sitas of (3) oaras or groator shall be offorod for dodioation to thc City of Tomooula, Community 8orviooe Doportmont (TCSD) for maintononoc purpooos following oomplionoo to axisring City standards and oomplotion of on oppliootion prooooo. (Amended by Planning Commission on November 16, 1992). All proposed slopes, open space, and park land intended for dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to identify said lot numbers as a proposed TCSD maintenance area. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater ,3hcH may be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. (Amended by Planning Commission on November 16, 1992). Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordation of final map. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map ';:5!! may preclude their inclusion into the TCSD. (Amended by Planning Commission on November 16, 1992). If thc City Enginoor dctcrmincs that thc projoot's 3troot improvomont bond is insuffioiont to oovor thc parkway landscaping and irrigation improvomonts, thc dovolopor shall, prior to rooordotion of final map, post o Iondooapo porformanoo bond whioh ohall bo roloosod oonourrcntly with the roloose of subdivision porformonoc bonds, guar3ntooing thc vi3bility of oll landsoaping irv3taliod prior to tho ooooptonoo of mointononoc rcsporw.,ibility by thc TCSD. (Amended by Planning Commission on November 16, 1992). S\STAFFRPT~241 e2ALL,COA 6 7 Prior to Issuance of Certificate of Occuoancv(s) 67. It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 68. Prior to issuance of ~n¥ certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. · General 69. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES SPECIFICATIONS. AND 70. The developer, the developer's successors or assignee, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. PUBLIC WORKS DEPARTMENT The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative map or site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. GENERAL REQUIREMENTS 71. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. S~STAFFRPT%24182ALL,COA 68 72. 73. 74. 75. PRIOR 76. 7¸7. 78. 79. 80. 81. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for approval prior to recordation of the final map or the issuance of any permits. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. TO ISSUANCE OF GRADING PERMITS: The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot, or other devices as otherwiae approved by the Department of Public Works. (Amended by Planning Commission on November 16, 1992). Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: · · · · · · San Diego Regional Water Quality; Riverside County Flood Control District; Planning Department; Department of Public Works; General Telephone; Southern California Edison Company; and Southern California Gas Company. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. S%STAFFRFT~24182ALL. COA 6 9 82. 83. 84. 85. 86. 87. 88. 89. 90. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 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 been already credited to this property, no new charge needs to be paid. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. A drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. Identify and mitigate impacts of grading to any onsite or offsite drainage courses. The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 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. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. A permit from Riverside County Flood Control District is required for work within their right-of-way. S~STAFFRPT%.241 a2AII.COA 70 PRIOR 91. 92. 93. 94. 95. TO THE ISSUANCE OF ENCROACHMENT PERMITS: All necessary grading permit requirements shall have been submitted/accomplished to the satisfaction of the Department of Public Works. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of .Public Works. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk). Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. Concrete sidewalks shall be constructed along public Street frontages in accordance with City standard 400 and 401. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. All reverse curves shall include a 100 foot minimum. tangent section or as otherwise approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 208. S~STAFFRPT~4 1B2ALL. COA 7 1 96. 97. 98. 99. PRIOR 100. 101. All driveways shall be located a minimum of two (2) feet from the side property line. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility. provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. A construction area traffic control plan shall be designed by a registered Civil'Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. TO RECORDATION OF FINAL MAP: The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, traffic signals and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems. F. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control District; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; CalTrans; Parks and Recreation Department; General Telephone; S~STAFFRPT%24182AII.COA 7 2 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. Southern California Edison Company; and Southern California Gas Company If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. Pedestrian access with sidewalk shall be provided from the cul-de-sac terminus of Street "D ", "J ", "M ", "P", "Q", "S" and "U" through the. open space and paseo areas to adjacent streets. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances es approved by the Department of Public Works. Streets "B" up to Street "G", "C", "D" up to Street "N", "F" and "T" up to Street "P" shall be improved with 50 feet of asphalt concrete pavement with a raised I O-foot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A (70'/50'). All remaining interior local streets shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). Street "A" shall be improved with 44 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 103, Section A (66'/44'). Meadows Parkway shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). In the event that the required access improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required access improvements per applicable City Standards. All Assessment District No. 159 improvements necessary for access to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development as deemed appropriate by the Department of Public Works. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. Left turn lanes shall be provided at all intersections on Street "A" and Meadows Parkway. S%STAFFRPT~.24182ALL. COA 7 3 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. Vehicular access shall be restricted on Street "A" and Meadows Parkway and so noted on the final map with the exception of street intersections and across the elementary school site frontage as shown on the approved Tentative Map and as approved by the Department of Public Works. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Street "A" and Meadows Parkway and shall be included in the street improvement plans. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Meadows Parkway at Street "D" and shall be included in the street improvement plans with the second plan check submittal. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. Corner property line cut off shall be required per Riverside County Standard No. 805. 'Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, 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 for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. S~STAFFRPT~241 ~3.ALLCOA '7 4 122. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 123. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works 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. 124. Prior to recording the 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 BUILDING PERMIT: '125. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Enginee~ for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 126. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County Geologist, dated May 15, 1989. 127. Dcvolopor ".,hall pay any oopital foc for road improvomcnt3 and public fooilitios imposed upon thc property or projeer, inoluding that for troffio end publie fooility mitigation as roquircd under the EIR/Nogativc Doolarotion for thc projeer. Thc foe to bc paid shell bc in thc amount in offoct at thc timc of payment of thc foe. If on interim or final public facility mitigation foc or district has not boon finally cstablished by thc datc on whioh developer requests its building permits for thc project or any phase thereof, thc developer shell cxooutc thc Agrocmcnt for paymcnt of Public Faoility foc, a copy of whioh has been provided to dcvcloper. Concurrcntly, with cxeouting th~ Agrocmont, dcvolopor ~.,hall post a bond to securc paymcnt of thc Publie Faeility foe. Thc amount of thc bond shell bc $2.00 pcr squarc foot, not to cxoood $10,000, Developer undoratonds that said Agreement may roquirc thc poymcnt of foes in cxocac of thosc now c~imoted (assuming benefit to thc project in the amount of such face). Dy cxoeution of this Agreement, dovolopcr will waivc any right to protest the provisions of this Condition, of this Agroorncnt, thc formation of any traffio impoat foe distriot, or thc proocsc, levy, or collection of any traffic mitigation or traffic impact fec for this project; provided that dovclopcr is not waiving its right to protest thc roaaonabloncas of any traffic impaot foc, and thc amount thercof. (Amended by Planning Commission on November 16, 1992). S~.STAFFRPT~24182ALL, COA 7 5 PRIOR 128. 129. 130. 131. 132. 133. 134. 135. TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. All signing and striping shall be installed per the approved signing and striping plan. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'/32'). Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of' Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. S%STAFF~4 1 e2ALL. COA 7 8 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 24187, Amendment No. 3, First Extension of Time Project Description: To Subdivide 74.6 acres into 363 Single Family Residential and 10 Open Space Lots Assessor's Parcel No.: 955-030-008 955-030-009 955-030-010 Approval Date: Expiration Date: PLANNING DEPARTMENT The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, 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. 2. Any delinquent property taxes shall be paid prior to recordation of the final map. 3. Subdivision phasing shall be subject to Planning Department Approval. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the 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 notes shall be placed on the ECS: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy." "EIR No. 235 and an Addendure to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." S~STAFFRPT'~24182.ALL COA 7 7 5. Prior to issuance of GRADING PERMITS the following Conditions shall be satisfied: If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: (1) Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase. The developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. The applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No buiiding permits shall be issued by the City for any residential lot/unit within the project boundary until the developer or its successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and subsequent study dated October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and exterior levels to 65 Ldn. 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. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City S~STA r+R,T~2. ~ 8~A--. COA 78 m e 10. 11. 12. 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 Vesting Tentative Tract Map No. 24187, Amendment No. 3, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map rec0rdation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, exterior of all buildings and parkways. (Amended by Planning Commission on November 16, 1992). No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Mointcnonoc for all landscaped and open arcas, including parkwoys, ".,hall be provided for in thc CC&R's. (Amended by Planning Commission on November 16, 1992). Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars ($875.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) plus the Twenty-Five Dollar ($25.00) County administrative. fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). S~STAFFRPT~24182ALL. COA 7 9 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. A Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets B, C, D and E. Bicycle trails shall be constructed per Figure 6 of Specific Plan No. 219, Amendment No. 3 along Meadows Parkway, .Class I and Street A, Class II. Minor Project Entry Statements shall be constructed per Figures 35 and 36 of Specific Plan No. 219, Amendment No. 3 for lot 365. A Community .Paseo shall be constructed per Figure 30 of Specific Plan No. 219, Amendment No. 3 for lots 369. A Secondary Paseo shall be constructed per the cross section on the map for lots 372 and 373. A Paseo Entry Statement shall be constructed per Figure 39 of Specific Plan No. 219, Amendment No. 3 for lot 369. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street A. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Meadows Parkway. The Landscape .Development Zone (LDZ) along Major Community Street Scene, Meadows Parkway, shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV.C.1 .b.2.a., b. and c. of Specific Plan No. 219, Amendment No. 3. The LDZs along the Project Street Scene Street A shall use the plant palette per Section IV.C.I.c.1. of Specific Plan No. 219, Amendment No. 3. Greenbelt Paseo Trees as identified in Section IV.C. 1 .d.4.a. and b. of Specific Plan No. '219, Amendment No. 3 shall be used for lots 369,372 and 373. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per Figure 40 of Specific Plan No. 219, Amendment No. 3; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Meadows Parkway. Project Masonry Walls and Project View Walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets A, B, C, D, and E. The Medium High Density Residential landscape requirements shall be consistent with Section IV.C.3.c.1. through 14. of Specific Plan No. 219, Amendment No. 3. 27. The accent trees identified in Section IV.C.I.d.3. of Specific Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets A, B, C, D and E. S~ST,~,,T~., e2A".CO, 80 28. 29. 30. 31. 32. 33. 34. 35. 36. The plant material palette identified in Section IV.C.I.e. of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. The seed mix for Turf Grass identified in Section IV.C. 1 .e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead of the seed mix. Ranting shall oommonoo as soon as slopoa arc oomplotod on any portion of thc citc and 3hall prayida for rapid ohort torm oovorago of tho. alopo oo wall as long term ostabliohmont oovor par stondordc oat for in Ordinonoo 4 E7.7E. A porformanoo bond ".,hall bo 3oourod with thc Ranning Dopartmont prior to isouanoc of any grading pormits to insure the inotollotion of thi,3 Iondooaping. Thio oondition opplios only if oor~3truction of tho alto doos not oommonoo within ninoty '(00) dayo of grading oporationc. (Amended by Planning Commission on November 16, 1992). A performance bond and a one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling. units tied to the timing of the landscaped area. (Amended by Planning Commission on November 16, 1992). Erosion control planting shall commence as soon as slopes are completed on any portion of the site during and following the grading operations. A performance bond shall be secured .with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping, Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaces not more than ten (1 ~)) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. (Amended by Planning Commission on November 16, 1992). Irrigation for the project site shall be consistent with Section IV.C.1 .j. of Specific Plan No. 219, Amendment No. 3. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. The residential lot street tree requirements and front yard requirements shall be consistent with Section IV.C.3.a. 1 .,2., and 3. of Specific Plan No. 219, Amendment No. 3. S~STAFFRPT ~24182ALL COA 8 1 37. 38. 39. 40. 41. 42. 43. All lighting within the project shall be consistent with Section IV.C.5 of Specific Plan No. 219, Amendment No. 3. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 (Section IV). All future development within this project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. The amenities and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway paseos shall be used for developing these areas or as modified by the Planning Application No. 92- 0013 (Development Agreement). Maintenance and timing for completion of all open space areas shall be as identified in Planning Application No. 92-0013 (Development Agreement) or shall be consistent with Specific Plan No. 219, Amendment No. 3, if the Development Agreement is null and void. A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval. The following needs to be included in these plans: A. Typical front yard landscaping for interior, corner and cul-de-sac lots. B. Typical slope landscaping. C. Private and public park improvements and landscaping. All open space area landscaping including, private and public common areas, private recreational areas, paseos, equestrian trails, monuments and Landscape Development Zones. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. The timing for installation of all landscaping walls and trails shall be identified prior to approval of these plans. The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. S%STAFFRPT~241 e2ALL,.COA 8 2 I. The responsibility for installation of all landscaping and walls shall be identified. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a' part of and shall be consistent with the provisions of the Specific Plan. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of twenty four (24) inch box trees into the design. A note shall be placed on the conceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. 44. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement) or any subsequent amendments. 45. If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. 46. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated Octobe~ 3, 1992. OTHER AGENCIES 47. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated October 6, 1992, a copy of which is attached. 48. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated October 22, 1992, a copy of which is attached, If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 49. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. S%STAFFRPT~241B2ALLCOA 8 3 50. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittal dated January 23, 1992, a copy of which is attached. 51. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal date January 21, 1992, a copy of which is attached. 52. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated January 21, 1992, a copy of which is attached. 53. The applicant shall comply with the recommendation outlined in the Temecula Valley 'Unified School District transmittal dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 54. All proposed construction shall comply with the California Institute of Technology, PaiDmar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with as set forth below, or as modified by separate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. Prior to Recordation of Final MaD(s) 55. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA), until offered and accepted by the TCSD for maintenance purposes. (Amended by Planning Commission on November 16, 1992). 56. Community park sites of (3) ooros or greoter "_,holl bo offorod for dodiootion to the City of Tomooul~, Community Sorviecs Dopartment (TCSD) for maintonanoo purpo~cs following eomplioncc to existing City 3tandards ond oomplCtion of on applioation proDcat. (Amended by Planning Commission on November 16, 1992). 57. All proposed slopes, open space, and park land intended for dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to identify said lot numbers as a proposed TCSD maintenance area. 58. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). 59. Proposed open space areas shall be maintained by an established Home Owners Association (HOA), Open space areas of three (3) acres or greater -,,hG~ may be offered for dedication to the TCSD for maintenance purposes and possible further S~STAFFRPT~241 e2ALL.COA 84 recreational development, following compliance to existing City standards and completion of an application process. (Amended by Planning Commission on November 16, 1992). 60. Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. 61. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordation of final map. 62. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. 63. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map ;~-i~ may preclude. their inclusion into the TCSD. (Amended by Planning Commission on November 16, 1992). 64. If thc City Enginccr dctorminos that thc projoot'~ stroot improvomont bond i3 insuffioiont to cover thc parkway landsoaping and irrigation improvomonts, the dcvc, loper shell, prior to rooordation of final mop, post o Iondeoopo porformanoo bond which shall bo 'roloasod oonourrontly with thc roloaoo of subdivioion porformanoc bonds, guarontooing the viobility of oll landsoaping installed prior to the aoooptonoc of rnointonanoc rosponsibility by the TCSD. (Amended by Planning Commission on November 16, 1992). Prior to Issuance of Certificate of Occuoancv(s) 65. It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Publi.c Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 66. Prior to issuance of any certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. S\STAFFRPT~24182ALL.COA 8 5 General 67. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES SPECIFICATIONS. AND 68. The developer, the developer's successors or assignee, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. PUBLIC WORKS DEPARTMENT The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative map or site plan all existing and proposed easements, traveled ways, improvement constraints and. drainage courses, and their omission may require the project to be resubmitted for further review and revision. GENERAL REQUIREMENTS 69. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 70. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 71. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for approval prior to recordation of the final map or the issuance of any permits. 72. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 73. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. S%STAFFRPT~24182ALL. COA 86 PRIOR 74. 75. 76. 77. 78. 79. 80. 81. 82. TO ISSUANCE OF GRADING PERMITS: The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot, or other devices as otherwise approved by the Department of Public Works'. (Amended by Planning Commission on November 16, 1992). Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Riverside County Flood Control District; Planning Department; Department of Public Works; General Telephone; Southern California Edison Company: and Southern California Gas Company. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 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 been already credited to this property, no new charge needs to be paid. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. S%STAFFRPT~4 1 e2ALL COA 8 7 83. 84. 85. 86. 87. 88. PRIOR 89. 90. A drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. Identify and mitigate impacts of grading to any onsite or offsite drainage courses. The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 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. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordat.on. The location of the recorded easement shall be delineated on the grading plan. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. A permit from Riverside County Flood Control District is required for work within their right-of-way. TO THE ISSUANCE OF ENCROACHMENT PERMITS: All necessary grading permit requirements shall have been submitted/accomplished to the satisfaction of the Department of Public Works. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. S%STAFFRPT ~241 e2ALL COA 8 8 91. 92. 93. 94. 95. 96. 97. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. B. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk). Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department.of Public Works. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 208. All driyeways shall be located a minimum of two (2) feet from the side property line. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. S~STAFFRPT~241B2ALLCOA 8 9 PRIOR TO RECORDATION OF FINAL MAP: 98. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protedtion. E. Sewer and domestic water systems. F. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. 99. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: .. Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control District; City of Temecula Fire Bureau; Planning Department; :Department of Public Works; Riverside County Health Department; CATV Franchise; CalTrans; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southern California Gas Company 100. If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. 101. Pedestrian access with sidewalk shall be provided from the cul-de-sac terminus of Streets "G", "H", "L", "M", "N", "R", "S" and "T" through the open space and paseo areas to adjacent streets. S~STAFFRFT~2.4182ALL. COA 90 102. 103. 104. 105. 106. 107. 108. 109. 110. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. Streets "B", "C", "D" and "E" shall be improved with 50 feet of asphalt concrete pavement with a raised 1 O-foot wide median, 'or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A (70'/50'). All remaining interior local streets shall be improved. with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). Street "A" shall be improved with 44 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 103, Section A (66'/44'). Meadows Parkway shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). In the event that the required access improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required access improvements per applicable City Standards. All Assessment District No. 159 improvements necessary for access to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development as deemed appropriate by the Department of Public Works. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. Left turn lanes shall be provided at all intersections on Street "A" and Meadows Parkway. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. S~.STAFFRPT~24182ALLCOA 9 1 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. Vehicular access shall be restricted on Street "A" and Meadows Parkway and so noted on the final map with the exception of street intersections as shown on the approved Tentative Map and as approved by the Department of Public Works. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Street "A" and Meadows Parkway and shall be included in the street improvement plans. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. Corner property line cut off shall be required per Riverside County Standard No. 805. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, 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 for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 'The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works 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. Prior to recording the 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. S~,STA FFRPT~24182ALL COA 9 2 PRIOR 122. 123. 124. PRIOR 125. 126. 127. 128. TO BUILDING PERMIT: A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final, grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County Geologist, dated May 15, 1989, for Tentative Tract Map 24186. Dovolopor shall pay any oapital foo for road improvomonts and publio fooilitios impo,-,,od upon tho proparty or projoot, inoluding that for troffio and public fooility mitigation as roquirod undor the EIR/Nogotivo Doolorotion for tho projoot. Tho foo to bc paid shall bc in thc amount in cffoot at thc timc of paymont of tho foc. If on intorim or final public fooility mitigation foc or dietriot has not boon finally ostabli,3hod by thc data on which dcvolopor roqucsts it3 building parmite for the projoot or any pho3o'thorcof, thc dcvolopcr 3hall cxocuto thc Agroomont for paymont of I~ublic Fooility foo, a oopy of whioh has bocn provided to dcvolopcr. Conourrontly, with oxoouting this Agroomcnt, dcvclopcr -,,hall post a bond to .%,ourc poymont of thc I'hJblio Faoility foc. Thc amount of thc bond shall bc ~2.00 per squorc foot, not to cxoood $10,000. Dcvolopcr undcrstands that said Agrcornont may roquirc thc poymont of foos in cxoo~s of thosc now cstirn~tod (asc, uming bcncfit to thc projoct in thc amount of suoh foc3). Dy cxocution of this Agroomcnt, dcvoloper will ~%~3ivc 3ny right to protcst thc provisionc of this Condition, of this Agrec, rncnt, thc formation of any traffic impact foc dictrict, or thc proeccs, Icvy, or collection of any traffic mitigation or troffio impact foc for thic project; orovidc, d that dcv~opcr is not waiving its right to protcst thc ro~3onabloncsc of any traffic impact fcc, and thc amount thcrcof. (Amended by Planning Commission on November 16, 1992). TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. All signing and striping shall be installed per the approved signing and striping plan. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. S~,STAFFRPT~241B2,~d..L.COA 9 3 129. 130. 131. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'/32'). Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. S\STAFFRPT~4182ALLCOA 9 4 PLANNING DEPARTMENT CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative .Tract Map No: 24188, Amendment No. 3, First Extension of Time Project Description: To Subdivide 127.1 acres into 351 Single Family Residential, 26 Open Space Lots, 1 Elementary School Site and 1 Neighborhood Commercial Lot Assessor's Parcel No.: 955-030-002 955-030-003 955-030-004 955-030-006 955-030-007 Approval Date: Expiration Date: The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. Any delinquent property taxes shall be paid prior to recordation of the final map. Subdivision Phasing shall be subject to Planning Department approval. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the 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 notes shall be placed on the ECS: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy." "EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." S~STAFFRPT~24182ALL. COA 9 5 5. Prior to issuance of GRADING PERMITS the following Conditions shall be satisfied: If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: (1) Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase. The developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. Ca The applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer or its successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and subsequent study dated October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and exterior noise levels to 65 Ldn. C, Roof-mounted mechanical equipment shall not be permitted within the residential portion of the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. Roof-mounted equipment may be allowed for commercial structures if they are architecturally screened from view from the adjoining streets and properties. S%STA FFRPT~.4182ALL. COA 9 6 10. 11. 12. The subdivider shall defend, indemnify, end 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 Vesting Tentative Tract Map No. 24188, Amendment No. 3, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, exterior of all buildings and parkways. (Amended by Planning Commission on November 16, 1992). No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Mointononoc for all tond3oopod and olDon oroas, including parkways, shall bc providod for in thc CC&R's. (Amended by Planning Commission on November 16, 1992). Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars (e875.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) plus the Twenty-Five Dollar ($25.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required S\STAFFRFT~24 '1 112AII.COA 9 7 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). A Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets D, B, E, M, N, W and BB. An Equestrian trail shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for south side of Pauba Road. Bicycle trails shall be constructed per Figure 6 of Specific Plan No. 219, Amendment No. 3 along Meadows Parkway, Class I and Streets A, AA, K and Pauba Road, Class II. Major Community Entry Statements shall be constructed per Figures 32 and 33 of Specific Plan No. 219, Amendment No. 3 for lot 357. Minor Project Entry Statements shall be constructed per Figures 35 and 36 of Specific Plan No. 219, Amendment No. 3 for lots 364, 365, 378 and 354. A Minor Community Entry Statement shall be constructed per Figure 32 of Specific Plan No. 219, Amendment No. 3 for lot 360. A Project Intersection Entry Statement shall be constructed per Figure 38 of Specific Plan No. 219, Amendment No. 3 for lots 380 and 369. A Slope Transition Area shall be constructed per Figure 13B of Specific Plan No. 219, Amendment No. 3 for the westerly property line of lot 362 and the northerly and westerly property lines of lot 367. A Landscaped Transition Area shall be constructed per Figure 13C of Specific Plan No. 219, Amendment No. 3 for the southerly boundary of lot 362. A Community Paseo shall be constructed per Figure 30 of Specific Plan No. 219, Amendment No. 3 for lot 374. A Paseo Entry Statement shall be constructed !~er Figure 39 of Specific Plan No. 219, Amendment No. 3 for both ends of lot 374. Roadway landscape treatment shall be constructed per Figure 23C of Specific Plan No. 219, Amendment No. 3 for Butterfield Stage Road. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street AA. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street A. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for southerly side of Street K. s~s;~ ~e-r~4 ~ e=~u_ co~ 9 8 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. Roadway landscape treatment shall be constructed per Figure 28 of Specific Plan No. 219, Amendment No. 3 for northerly side of Street K except as noted on the map. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Meadows Parkway. Roadway landscape treatment shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for Pauba Road. The Landscape Development Zone (LDZ) along Major Community Street Scenes including Meadows Parkway, Pauba Road and Butterfield Stage Road shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV.C.1 .b.2.a., b. and c. of Specific Plan No. 219, Amendment No. 3. The LDZs along the project street scenes Streets A, AA and K shall use the plant palette per Section IV.C.1 .c.1. of Specific Plan No. 219, Amendment No. 3. The landscaping for lot 357 and 360 shall use the accent trees on the plant palette in Section IV.C.1 .d.1. and 2. of the Specific Plan No. 219, Amendment No. 3. 'Greenbelt Paseo Trees as identified in Section IV.C. 1 .d.4.a. and b. of Specific Plan No. 219, Amendment No. 3 shall be used for lot 374. The plant palette for Evergreen Background Grove Trees per Section IV.C. 1 .d.4.a of Specific Plan No. 219, Amendment No. 3 and the plant palette for Deciduous Accent Grove Trees per Section Iv.C. 1 .b.2.a. shall be used for the landscape buffer zones in lots 362 and 367. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per Figure 40 of Specific Plan No. 219, Amendment No. 3; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be · constructed along Butterfield Stage Road, Pauba Road and Meadows Parkway. Project Masonry Walls and Project View Walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets A, K, AA, D, B (between Street A and Street C, if it does not interfere with access to any lots), E (between Street K and Street J, if it does not interfere access to any lots), M, N and W (between Street A and Street Z, if it does not interfere with access to any lots) and BB. An Equestrian rail fence shall be constructed per Figure 41 of Specific Plan No. 219, Amen~lment No. 3 along the south side of Pauba Road. 39. The commercial use landscape requirements shall be consistent with Section IV.C.3.b.I., 2. and 3. of Specific Plan No. 219, Amendment No. 3. 40. The Medium Density Residential landscape requirements shall be consistent with Section IV.C.3.d.1. through 7. of Specific Plan No. 219, Amendment No. 3. S\STA FFRPT~24182ALL. COA 9 9 41. 42. 43. 44. 45. 46. 47. 48. 49. The accent trees identified in Section IV.C.I.d.3. of Specific Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets AA, K, BB, W, N, M, A, E, B and D. A 25 to 40 foot minimum building setback, as determined in the Plot Plan stage, shall be allowed along the southern and western property lines of lot 362, a minimum of 20 feet of landscaping shall be required within this setback. The plant material palette identified in Section IV.C.1 .e. of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. The seed mix for Turf Grass identified in Section IV.C.1 .e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead of the seed mix. Ranting shall commence as soon co elopes are completed on any portion of thc 3itc and shall provide for rapid chart term coverage of the alepc oo wall 0,3 long term cstobliohmont cover per standards sct forth in Ordinance q C7.7E. A performance bond shall bc aoourod with the Ranning Department prior to isouanoo of any grading permits to inouro the ir~3tallation of thi,3 IoncP3oaping. This condition opplio,3 only if construction of thc oitc does not oommenoc within ninety (00) doyo of grading operation-"-. (Amended by Planning Commission on November 16, 1992), A performance bond and a one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. (Amended by Planning Commission on November 16, 1992). Erosion control planting shall commence as soon as slopes are completed on any portion of the site during and after the grading operations. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaces not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. (Amended by Planning Commission on November 16, 1992). Irrigation for the project site shall be consistent with Section IV.C.1 .j. of Specific Plan No. 219, Amendment No. 3. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. S~STAFF,PT~4 ~ e2Au_ coA 100 50. 51. 52. 5'3. 54. 55. 56. 57. 58. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. The residential lot street tree requirements and front yard requirements shall be consistent with'Section IV.C.3.a.1 .,2., and 3. of Specific Plan No. 219, Amendment No. 3. All lighting within the project shall be consistent with Section IV.C.5 of Specific Plan No. 219, Amendment No. 3. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 (Section IV). All future development within this project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. The amenities and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway peseos shall be used for developing these areas or as modified by the Planning Application No. 92- 0013 (Development Agreement). Maintenance and timing for completion of all open space areas shall be as identified in Planning Application No. 92-0013 (Development Agreement) or shall be consistent with Specific Plan No. 219, Amendment No. 3, if the Development Agreement is null and void. A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval. The ..following needs to be included in these plans: A. Typical front yard landscaping for interior, corner and cul-de-sac lots. B. Typical slope landscaping. C. Private and public park improvements and landscaping. All open space area landscaping including, private and public common areas, private recreational areas, paseos, equestrian trails., monuments and Landscape Development Zones. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. S~STAFFRPT'~24182AII.COA 101 59. 60. 61. 62. 63. The timing for installation of all landscaping walls and trails shall be identified prior to approval of these plans. The responsibility for installation of all landscaping and walls shall be identified. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a part of and shall be consistent with the provisions of the Specific Plan. .I. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of twenty four (24) inch box trees into the design. A note shall be placed on the cohceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application N0.92-0013 (Development Agreement) or any subsequent amendments. If the Gnatcatcher is listed as an endangered species, proper.' studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992. All Parcels in Planning Areas 25 and 26 that abut a portion of Butterfield Stage Road that are designed with a Landscape Development Zone (LDZ) of less than 32 feet shall be developed with single story single family dwellings. A sign program shall be submitted and approved by the Planning Department prior to issuance of building permits for lot 362. S\$TAFFRPT~24182AII, COA 102 OTHER AGENCIES 64. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated October 6, 1992, a copy of which is attached. 65. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted.flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division' Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the 'City prior to issuance of Occupancy Permits. 66. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. 67. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittal dated January 23, 1992, a copy of which is attached. 68. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal date January 21, 1992, a copy of which is attached. 69. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated January 21, 1992, a copy of which is attached. 70. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittal dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 71. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with as set forth below, or as modified by separate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. Prior to Recordation of Final MaD(s) 72. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA), until offered and accepted by the TCSD for maintenance purposes. (Amended by Planning Commission on November 16, 1992). S%STAFFRPT~24182ALL, C0A I 0 3 73. 74. 75. 76. 77. 78. 79. 80. 81. Community pork 3itcs of (3) aoroo or greater shall be offered for dodiootion to the City of Tomooulo, Community Sorvioos Deportment (TCSD) for mointononoc purposes following oomplionoo to oxi,3ting City otondordc and oomplotion of an opplioation proooos. (Amended by Planning Commission on November 16, 1992). All proposed slopes, open space, and park land intended for dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to identify said lot numbers as a proposed TCSD maintenance area. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater .*h---II may be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. (Amended by Planning Commission on November 16, 1992). Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordation of final map. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and 'approved by TCSD staff prior to recordation of final map. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map '::5~ may preclude their inclusion into the TCSD. (Amended by Planning Commission on November 16, 1992). If thc City Engineer dctcrmincc that thc projoct's ctroot improvement bond is insufficient to oover thc parkway landsoaping and irrigation improvements, the dovoiopor shall, prior to rooordation of final mop, post o Iondsoapo porformanoo bond whioh shall be released oonourrontly with thc roleaGe of subdivision porformanoo bonds, guorantooing the viability of all 'lond3oaping irv3tollod prior to the aoooptonoo of maintonanoo rcsponsibility by thc TCSD..(Amended by Planning Commission on November 16, 1992). S~STAFFRPT~24182AII.COA 104 Prior to Issuan;e of Certificate of Occupancy(s) 82. It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 83. Prior to issuance of any certificates of occupancy,' the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. General 84. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES SPECIFICATIONS. AND 85. The developer, the developer's successors or assignee, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. PUBLIC WORKS DEPARTMENT The following are the' Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative map .or site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. GENERAL REQUIREMENTS 86. A Grading Permit for either rough or precise (including 'all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. S~STAF~T~24~ "ZAU.,C0A 105 87. 88. 89. 90. PRIOR 91. 92. 93. 94. 95. 96. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. A copy of the grading and improvement. plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for approval prior to recordation of the final map or the issuance of any permits. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. TO ISSUANCE OF GRADING PERMITS: The final grading plan' shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot, or other devices as otherwise approved .by the Department of Public Works. (Amended by Planning Commission on November 16, 1992). Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: ,I · · · · · · San Diego Regional Water Quality; Riverside County Flood Control District; Planning Department; Department of Public Works; General Telephone; Southern California Edison Company; and Southern California Gas Company. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. S~STAFF.P~4 ~ e2A,,. co~ 106 97. 98. 99. 100. 101. 102. 103. 104. 105. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 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 Rood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. A drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. Identify and mitigate impacts of grading to any onsite and offsite drainage courses. The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 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. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. A permit from Riverside County Flood Control District is required for work within their right-of-way. S%STAFFRPT%24182.AII.COA 107 PRIOR 106. 107. 108. 109. TO THE ISSUANCE OF ENCROACHMENT PERMITS: All necessary grading permit requirements shall have been submitted/accomplished to the satisfaction of the Department of Public Works. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of TemecUla standards 207/207A and 401 (curb and sidewalk). Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. Concrete sidewalks shall be constructed along public street frontages in accordance with City standar.d 400 and 401. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. All reverse curves shall include a 100 foot minimum. tangent section or as otherwise approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All concentrated drainage directed towards the public street from the commercial site shall be conveyed through undersidewalk drains. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. S~STAFFRPT~24182ALL. COA 108 110. 111. 112. 113. 114. .115. PRIOR 116. 117. Improvement plans per City Standards for the private streets or drives within the commercial site shall be required for review and approval by the Department of Public Works. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 208. All driveways shall be located a minimum of two (2) feet. from the side property line. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic .circulation as required by the Department of Public Works. TO RECORDATION OF FINAL MAP: The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in 'conformance with applicable City Standards and subject to approval by the Department of Public Works. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, traffic signals and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems. F. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control District; S~STAFFRFT~2411~2ALL. COA 109 118. 119. 120. 121. 122. 123. 124. 125. City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; CalTrans; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southern California Gas Company If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary tO a paved City maintained road. Pedestrian access with sidewalk shall be provided from the cul-de-sac terminus of Streets "F", "O", "R", "S", "U", "W", "X" and "Z" through the open space and paseo areas to adjacent streets. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. Streets "B" up to Street "C", "D", "E" between Streets "J" and "K", "M", "N", "W" up to Street "Z", "AA" and "BB* shall be improved with 50 feet of asphalt concrete pavement with a raised 1 O-foot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A (70'/50'). All remaining interior local streets shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). Street "A", "K", "L" and "AA" shall be improved with 44 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 103, Section A (66'/44'). Pauba Road Shall be improved with 32 feet of half street improvement plus one 12o foot lane, or bonds for the street improvements may be posted, within an 88-foot dedicated right-of-way in accordance with City Standard No. 102, (88'/64'). Meadows Parkway shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). $~STAFFRPT~41S2ALL. COA 110 126. 127. 128. 129. 130. 131. 132. 133. Butterfield Stage Road shall be improved with 43 feet of half street improvement with a raised median, plus one 12-foot lane outside the median turn lane, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 100, (110'/86'). in the event that the required access improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required access improvements per applicable City Standards. All Assessment District No. 159 improvements necessary for access to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development as deemed appropriate by the Department of Public Works. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. Left turn lanes shall be provided at all intersections on Street "A", Street "K", Pauba Road, Butterfield Stage Road and Meadows Parkway as directed by the Department of Public. Works. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. Vehicular access shall be restricted on Street "A" , Street "K" , Street "AA", Butterfield .Stage Road, Pauba Road and Meadows Parkway and so noted on the final map with the exception of street intersections, across the elementary school site frontage and two entry points for the commercial site as shown on the approved Tentative Map and as approved by the Department of Public Works. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Street "A", "K", "L", "AA", Butterfield Stage Road, Pauba Road and Meadows Parkway and shall be included in the street improvement plans. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Butterfield Stage Road at Street "K" and shall be included in the street improvement plans with the second plan check submittal. $\STAFFRPT~24182ALL. COA 1 I 1 134. 135. 136. 137. 138. 139. 140. 141. 142. 143. PRIOR 144. Traffic signal interconnection shall be designed by a registered Civil Engineer to show 1-1/2" rigid conduit with pull rope, and #3 pull boxes on 200-foot centers along the property fronting Butterfield Stage Road. This design shall be shown on the street improvement plans and must be approved by the Department of Public Works. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. Bus bays will be provided at all existing and future bus.stops as determined by the Department of Public Works. Corner property line cut off shall be required per Riverside County Standard No. 805. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, 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 for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works 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. Prior to recording the final map, the subdivider shall notify the City's CA'IV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. TO BUILDING PERMIT: A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. S%$TAFFRPT%24182ALL, COA 112 145. 146. PRIOR 147. 148. 149. 150. 151. 152. 153. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformonce with the recommendations of the County Geologist, dated May 15, 1989. Dovolopor shall pay any capitol foo for rood improvomonto and public faoilitios imposod upon tho proparty or projoot, including that for traffic and pubrio facility mitigation as roquirod undor tho Elrl/Nogotivo Doolorotion for tho projoot. Tho foo to bo paid shall be in tho amount in offoat at tho timo of paymont of tho foo, If on intorim or final public facility mitigation foo or diotriot ho,J not boon finally ootobli~hod by tho datc on which dovolopor roquoots its building portoits for tho projoot or any phaoo thoroaf, thc dovolopor shall oxoouto thc Agroomont for poymont of I~ublio Facility foo, a copy of which hao boon providod to dovolopor. Conourrontly, with oxoouting thi,a Agroomont, dcvolopor shall post a bond to soouro poymont of tho rtublio Facility foo. Tho amount of thc bond shall be 12,00 par =quaro foot, not to oxoood 110,000, Dovolopor undorstonds that 3aid Agroomont may roquiro tho poymont of foos in oxoosc of tho,sc now cstimatod (a~3uming bonafit to tho projoot in tho amount of such focs). Dy oxooution of thi~ Agroornont, dovolopor will woivo any right to protost tho provioionc of this Condition, of this Agroomont, thc formation of any traffic impaCt fOC di,3trict, or thc proooss, Iovy, or coilaction of any traffic mitigation or traffic.impact foc for this project; orovidod that dovolopcr is not waiving its right to proto~t tho roo~onablonoss of any traffic impact foo, and thc amount thereof. (Amended by Planning Commission on November 16, 1992). TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. All signing and striping shall be installed per the approved signing and striping plan. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. All traffic signal interconnection shall be installed per the approved plan. The Subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'/32'). S%STAFFRPT~24182AII.COA I I 3 154. 155. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asiahalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho .Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. S\STAFFRPT~24182ALL. COA 114 ATTACI-IM~NT NO. 10 DRAFT PLANNING COMMI,~SION MINUTES (NOVEMBER 16, 1992) S~STAFFI~P~4182ALI, CC Idb 43 MtNTB'ES OF ~% REGULAR NRRTINC, THE CITY OF TMMECULA PIo~%NNINC, COMM]'BBION MOND&Y, NOVEMBER ].6, 1997. A reau;JRr meet.~na of the Cjtv of 'femecu}R P;Jann~na Comm.iss.ion was caLLed to orde~ Monday, Novembe~ J. 6, ].992, 6:1.0 P.M., ~991.5 Mira I,OmR Dr~ve, Terncell]R, CR]~for~ja, ChairmEn I,~nda FRbev COMMISSIONERS: Ford, Roaqiand, FaheV ~qBSENT: 2 COMMISSIONERS: B)ajr, Cbjnjaeff ALso Dre.~ent were City Attorney Scott Fie[d, Senior Planner Debbie Ubno.~ke, P] aDDer SRj ed NRRSeb add Mj nllte C]erk Oaj ) Zj rT) or. PtJRLIC COMMENTS ;I. ADDrOVB.I Of Anenda ~ t wn~ mov~o bv Comm.q ss~ oner Boafi.I and, Comml.~sloner Ford to 8Dmrove the '.f'he mOtlOD Carried ~ fo,l;Iow~: AYES: NOES: 0 ARS~Nq': Comm~ ~ oner B.m a~ r art3 v~ at 6: ~ 3 P, M, seconded by COMMISSIONERS: Ford, Hoaq[and, Fahev COMMISSIONERE: None COMMISSIONERS: BLair, Chintaeff '2 , Mq. nutem It wa~ moved by Cnmmi,~.~qonPr Ford, seconded by Commissioner Hoa~iand to continue aDD:ova{. Ot the minutes ot October 19, /997 to R} ) ow ~taff t3me to addres~ the COM~SSj. OD"M concerns reqardi. n~ tack of alia toque which the CoMi. ssion fee[s is ]mDort~Dt tO the aDDrOVR.I Of the Gener~:t Pilan. AYES: 4 COMMISSIONERS: RI. aq.r, Ford, HoaqLand, Fahev (t COMM] ,q,qTrONERS: None ABSENT: I. COMMISSIONERS: Chlntae~ NON-PUBLiC HR&R~NC '.l'ransportat.j on Demand ManaOement/~j r Oua) j ty Ord.j Dance Dj rector of Pub) .~ c Works ?ira Ser] et presented the staff report. Tim stated that Jim nirckhead, Proqram Coordinator of the Aj r Oun) ~ ~v Coordj_~at~ n~ Comj tree, advj se~ hjm tb~t Section '1 o~ the O~d~nance ~as ~eieeted by the ~i~ Quality Management D~ ~tr~ et and new ] anoua~e was ~m~} emented a~ ~nl lows, "S~eti. on '/- Como[ianee With ~OMD ReguLation 1.5: Tr~n reduction plans approve~ bY the SC~O~]) jn accordance wjtb n~ovlstons o~ R~u[atton [5 ma~ b~ submitted to th~ City in AOMD aDDrOVed Regulate. on L5 trip reduction plans aDDroved by the C~tv shale) be deemed to cOmpJ? wjtb trjD reduction P) am requirements o~ this ordinance." Jjm B21 rckbead, Prosram D.~ rector for the Western Rj versj de Councj. [ o~ Governments, provided an overview o~ the Air 013rfi J 2i tV ]mD.l ementatj oD Prosram. Con~nissloner Hoaq[and made the tlo[ I. owinq comments on the mode[ or~.~ sconce: Section ~1 (b) - He fee]~ jt ~oes not make sense, Section 1. ( c ) Requested clari. t]i. cation of mobile source.q, Sect. ~ on I ( f } SuqQeSted a reference to business deve]nDment,q. Sect Sectton :'~ (~) Should re~er to 4/t0 .~,cbedu] e.~ oF, exRmD] or 9/80 work ouestinned why existinq developments are not 21n toe f~nd21ncl.~. Jim R~rc~hea~ advi. sed that new development iS addressed i.n the CM~' nrov~.e,]ons anti toe ex~t~n~ came out ot the ~jr Olla]jt? Management 'p L an. S~ct ~ on b ( a ) }~oes tnP, t refer to .]00 or more persons at one site or wi. thln one company. a~m BircR~ea~ stated that toe reference was to 1100 Peop)e at one site. Co~T]~sn]oner Hoa~]and expre~q.~ed a concern reClardjng fees. Chairman Fahev augcleared that the tee be incorporated in the busj neS.~ .e j cease fee. Comm.~21oner B.lajr askeft for c]ar.~f~cat.~on of Sect.~on 4 {C). -- Tim Set:let adv.ised that t~e .intent .is to allow for 7,5% of the reauired DarkinQ and the other 2,5% would have to uti. li~,ed some other form wan moved hv Commissioner Ford, seconded by Commissioner Hoaa~and to recon, nended the ordinance be ~e-wr~tten per the Ptanninq Commission commnents as ~ollows: detri. menta t. or "traff.i e eon~est.i on" a~ - Sectjon ) (e) De~.~n.~tjon of mobjJe sources. Section 3 (a) Aiternate work schedules be used as examD]e~ ~Dd others may be coDsjdere~, Paoe 3, 4 (a) Ctari~.ication o~ [00 or more Dersons per ~qjte. Pane b, No. 4 - c} ar.i fv bow the de.qj cmatj on aDD] .i es to emD l ovee Darki. nq area -- Cjarjfjc~tjon of ~ee and bow the fee j.q determined. - Substitute Section '/. "ComDti. ance with AOMD", 'J'he motion carr.~ect a~q fo:lJowS; 4 COMMISSIONERS: HEal. r, Ford, Hoaqtand, Fahev (} CO.HM) S.qTONERS r None AB.SMN'1': I. COMM1: SSIONERS: Chi. ni. aet~ ~ wns toe consennu,~ of toe P.lann~nn Comm.i~,~jon that br~na thi. s i.'tem hack betore the Commission on December '1, 1.99'2 for rev) ew n~ c~anne~, Devel. oDment Aareement No. 9)-00{.3, SDeCi. tlC Ptan No. 2[9, Amendment No. 3, Vestlnq Tentative Tract Maps: ~4i.82 )41.84 )41.8b 34186 ~4{.8'/ 341.88 Amendment No, 3 Amendment No. 3 Amendment No. 3 Amendment No, 5 Amendment No. 3 Amendment No. 3 I. st Extension o~ Time I. st Extension of Time 1. st Extension o~ Time I. st Extension o~ Time I. st Extension of Time |.st Extension of Time Addendum to Envi. rnnmenta[ Impact ReDOFt No, )35 Sai. ed Naaseh presented the start report. Scott FjeJd a~vi~e~ on Pane )'1, Section :1?.~, foxxrth ]~ne down, nt the OevetoDment Aoreement shoutd read "...the cost j Dcllrred bY owner for both of Saied Naaseh advised of the fo [ i owina revisions to the Condj tj ons of )~DDFOVaJ: ~4J.8~: Condition 36 and 38 combined. Condjtjons 4'1, 50 add 6(~.) modified per staff. Eliminated statement between Condition 7 COnditiOn 8. and 241,84: Condition 36 and 38 combined, Condj tj ODS 47, 50 and 6(~, ) mod.~ f.~ ed per staff. F, [ iminated statement between Condition 7 C;on(~j tj OD 8. and ~41.85: Condi. ti. on 3'/and 39 combined. Cond.~ tj on~ 48, 5j~ and 6(~. ) modj fj ed per staff. F, I. i. minated statement between Condi tion '! Cond.~ tj oD 8. Delete Conditi. on No, and Condjt.~on 3] add 33 combined. Conditions 42, 45 and 6(A. ) modified per staff. ~rl j mj nate~ statement between Cond.~ t.~ on Condi. ti, on 8. De] ere Cond.~ t.~ on No. 48. and ~41.8'/: Conditi. on 30 and 32 combined, Condjtjong 4j~, 43.n. and 6(~. ) modjf.ie(~ Vet .~taff. E L ~ miDate the statement between Condition '/ and Cond~ t~ On 8, Amend Condition No. J. 4. Con~nt~on ~.5 an(~ 4'/comb~ne~. Conditions -56, 59 and Amend Condition No. 6(A). M.l~m~n~te the ~tatement between Condition 7 add Con~itTon 8. Rev~ s~ ODS to tne Dev~,l oDment A~reemeDt .' Modifications to the tot [owinU: Sectq. on t2.6.a, Section .I 2,8. ~. c, .qectj On .I 2. H. ~. , ].or 460, l.otS 4bit , 452 add 453, l.ot 369 and T,nt 352, Comm.~ gs.~ oner For~ exDre.~.~e~ concern that there .~ s no reference to SDecitic improvements to the eiqht (8) acre Dark-site in t~e Deve.I oDment )%~reement ~n~ ~ua~e.~ted tb~t the rec~H.~ rements be c[ar~.tied more Gary K~na ae. vj~ed the aDD] j cant ba.~ been provided w.~tb a CoDy o?. the Parks Oevetonment Standard, Comm.~ s.~.~ Doer B] a.~ r stated that she re} t the ) antinape on Page Item U (1) was i. nal~ro~riate. Scot t F.~ e] d ac~vj sed the fj Dd.~ Do cad be de) eted .~ f the Commission does not. agree with Cba.~rmaD Fabev Doebed the puJg].~c bear.~DCl at '/:bb Dennis O'Nei[, {.888{. Yon Kar. Taan, #[600, Irvine, rePre~ent.~ nc~ Bedford Deve) opment Corporat.~ oD, expressed ann[icant's concurrence with the sta~ ~eno~t. M~. O'Nei.[ expre~e~ that the aPPliCant wotl)d aaree to jnc]llde statement ~e~e~encinq the improvements to the eight (8) acre Dark ~jte wjtb the uDderstan~jn~ that there may be further modifications as it qoes through the review process. Mr. O'Nej] expressed objectjob to the reference to Ordinance 460 in Section I.'2.6.a o~ the Development Agreement. Mr. O'Nei[ ~u~.e~ted that the condj tj on De mndj fj ed to read "deve]oper wi [ [ provide reasonable and primar~ and secondar~ access and dr~jDa~e from De Portpig ~Dd C~mpoDe])a Way, ~ubject to the aDDrOVa[ n~ the City, and in accordance with reasonable l,eAnne Ham.~ ] top, ~984b AveDj da Cj ma De] Sol , Terncell] a, exure.~sed concern that sta~i~ look at adequate lighting, bike tra3.i~, ~torm water ~rajD~e an~ traffic safety jn tbjs area, Cnmmq. s.~,oner .Hoaq{.and stated he ~.ett the density in Ptanning ~r~ 6 w~n j DaDDrnDr]ate ~na ollt n~ cbaract-er for the C.~tv of Temecu[a and suggested that l.t remain 1.5.6 dwe[[in~ units per acre. Cnmmj ~ nner Ford cnncurr~c~ P,n~ .~ur~n~.qted that the Co~ ~ on Dot tn~ ~ction on the D~velopment Agreement until each mad Cbari rman Fabev clec.t ~reG ~ recenn at 8: >'(} P.M. recnnvened at 8 '. J.5 P. M, The meetjno was C:nmm~ ~.~.~ oner For~ recnmmenne~ the foJ J owj n~ mod.~ fj catj on to the SDeCitj. C Pi. an Amendment. Page b, second to iast sentence "'I'Ve a~d~t]oD ot the par~ ~ a POSitiVe amenity to the area however, this addi. t~.nn may cause a h]~her density in planning nrrn njx.. . ". Commj~.~joner Hoaoilan~ .~tat~c, that he could Dot .~upport F.~nd.~ng I. o~ the Specific Plan Amendment, whj. ch he ~e[t was premature. Cn~j~joner HoaalaD~ ad~P~ t~at t~e re~ardjD~ the )anauaae and chan~es related to the densi. tl. es, he would like to see P.IRDD]D~ Area Sjx target remain .Ib,6. 'Rarrv Hrunnel. L, Turrlnl anO Brink, 3242 Ho[ t~.dav Street, Santa ~D~, Drovjde(j jmformP, t3oD re~ar~3D~ The Paseos. Mr. Brunne]] state~ that the den.~ities in P[ann'lng Area 6 are consistent wj tb Recj taj K ( Dace 3 o~ the Dove} oDment Antcement ). Mr. 8runne l I added that betlore any bui. ldincl could be bui tt on this P} ann.~no Area j t wj}] need to be revj owed and approved bv the Ci. tv. It was moved by Commj ssj odor HoaCI] ancl, seconded by Commissioner Blair to chanqe the S~eci~ic Plan Amendment to refject a target density Of ]5.6 j D P]RDDjD~ ~re~ 6. AYES: COMMISSIONERS: 8tai. r, ffoagtand NOES Ford, Fabev ABSENT: I. COMMISSIONERS: Chiniaef~ Commissioner Ford ~tated that the deve]oper wj :l ) have to .qbow that the arcDosed den.qitv can be applied to the site. Commj ~.~ odor }]oa~ and stated that be ~e] t the aDD] j cant's arcnosed density tot P[anninq Area 6 is too ~ense ~or ~ very ~xlbxlrb~D ~ j mo~t rllr~ .I area, Cnmmi.qs~.oner Bi. ai.r stated that she t:ett it was unt:air to say one thjna to the t~eveJoDer at tbj..~ bear.iDol add when they come back to the Commi. s.qion, we say .qnmethinq etse. ] t wa.~ move~ bv Commj 5~j oner Ford, seconded by Co;ITm.i ssj odor Fahev to approve a [ I. other chanqe.~ to the SDeCitZiC Plan retJ octcol in the J%mrnclment . The motion carr~.ed. as tol COMM1 S,.qlONFR,q: BI eq ~ r, Ford, Bn~nZI and, Fabev NOES: 0 COMMTSSIONKRS: Non~ COMM I HSTON~:RS r Cb~ n~ aeff Commi..qsi. oner Ford recommended the tnl. towi. nr] mndi.~Zi. cati. ons 'to 241.82 "Prov~ ~ ~ nn.q" cn~qnclrf~ to "DTOV.~ Sj ODS". New cnnd~ t. lnn corr~,cted. to read "erosion eaae ~6, ~55 - Roterented in 57 (A), dot. etc. Pane 76. ~.5'/(A )- mai. ntal. n" chaDned to Mod.i fj ed to .~tate "constructed maintain interior noise leveL.q at 45 Pane 2'/, #6'/ 9.8, State which parks are to be or could be accented tot maintenance by the TCSD. Delete condition or delete "shall'° and change to read '"...may be maintained...". #74 - "wi. t t Drec rude" chanqed to "may Drec] TIde" . # '/5 Street and Darkway .landscane bonds should be kent separate. Pane 30, #86 Amend to read "or other device.~ am aDDroved'* . Pacle 30, #88 - Add in at [ other appropriate agencies. Robert Rj abett.~ adv.i ned that the CoDdj tj ODS are sic(wed so that the appropriate aQencies are noti~iied. Harry Brunne] ] ~tatod that the aDD] j cant wou]d conexit wj tb 'the modifications, however woul. d renuest that Condition 88 remain ~ wr3 tieD. l)etete (',~ tv/%ttnrnnV .qcott },'i ell d anncuffed. Commtss~nne~T Rl. ni.r excu.~ed her.~e[t at 9:30 P.M. 24.184 Cnmm~ snj nner Fnrfl recnmmen~o~ the nnme cbanne~ nbove to the tnt $ nwTn~ Cnndtt~ on.s: 9 , 38 . 62 , 6b, 69, ';0, 8 ]., and ].32 in Pane 40, Add "nnrkwav.~" after "open .~Dace , m, P~, ae 4 f). # f 0 - 1)e of e. 241.85 Comm~nr,~oner Ford recommended the .~ame cbanne.~ as referenced tot MaD '241.8'2 to the tol. l. owtna Conditton.~: 9, 38, 63, 66, '10, '/.'1 , H2, and :t 35 w~ tb DO Other modj fj catj ons, 241.86 Comm3.n.:n.ioDer Ford reco~ended the same cban~es as referenced tot MaD 24].89. to the ~o[ lowinn Conditi. ons: 9, 33, 57, 60, 64, 65, 76, ancl j126 w.~ th no other modj fj catj ons. 241.87 Comm.~ 55j oner Ford recommended the same chantleg as referenced tlor Mal~ 24182 to the ~o[[owinq Conditions: 9, 3~, 53, 56, 60, 6/I , '12, and 51 2:1 wj tb Do other modj fj eatj ons. 741.88 Comm.~gsjoner Ford recommended the same cban~e5 as referenced ~o.r May '24].8'2 to the ~o[ [owinc[ Conditions: 9, 47, 7~., 75, '19, 80, 9) , ~Dd ] 4h w~ tb no other modj Barrv F~runne t l. expressed concurrence with the modifications on bebr~ J ~ o~ the tidbit j cant . A straw vote was taken and the con.~ensus of the Comm.~ss.~ on was to aPProve the Addendure to Environmental Impact Report No. ~35. ~ straw vote was tares and the consensus of the Comm.~gg.~nn was t.o annrnv~ the Ve~t.~.na Tentative Tract Maps, I. nt Extensions Comm.~ sg~ oner For~ recommended the fo:l ] ow.~ nn mod.~ f.~ catj on to Item U ( I. ) on Pace b ot the Development A~reement, "The ODDOrtIID3 tV for a ro~j deDtj aZI/co~erc~ a} pro~ect ~reat~ D~ ~ob ODDOrtl,ln~ t~e~, sn[es tax and tax revenues to the City", to ])ennTr., O'Nei.~ renre~entinc the ann l. i. cant , advised they would ~cro~ t o ~ no21 ud~ ,I ~nc~uane ~ n the Deve) ODmeDt ~reemeDt to ~e~crlbe tho i.mnrovements to the ei. qht (8) acre Dark site as t~ CODCeDtl]R I DJ ~D DreV~ Oll~.l V ~ilbm~ tted to ~taff. Add~,~,ona[[v, Mr. O'Nei[ ~tated the aPPlicant would aqree to toe )assuage ~D ~,6.a, a~ nubm~tte~ bv ~taff modified w~tb' t.h~ to[lew~.n~ ~tatement "...or as otherwise a~roved by the C~ t v P~D~i Deer" (;nmm~nn~nner HoaataD~ .~Uaae.~ted Section ;t 2. ;I . ;l . , Paoe 27, be mod~t~.ed by del. et~na the fetefence to ]}eDDiE O'Ne]i~ in~cate~ t~e aDpJ]cant's concurrence, wan moved bv Cnmm~.ssi. oner Hoaq[and, seconded by Cnmm3.e,~.~oner For~ to c:loge the DX1]DI~C bear.~n~ at /1O:(}(} P.M. ~dnnt Reso[.ut~.on No. 9~-(neMt) with the various chan~es as re~.lecte~ ]D the m~Dllte~. I?LRNN [ N(] 1) [ RMCq.'()R RP:POR~ None ~nne Pn~d tn ~dinu~n to ~ 5nnci.~ m~etinq on Nnvemhe~ 18, 1.99~, 6:30 P.M., U'~m~c~x:ma C~tv )Ia:l:m Ma~n Conference ~oom 43;I'14 Bx~ne~ Park Drive. Tnmecula, Ca{.i. tornia. 'Ph~ n~xt r.nxm) ar meet~ nn n~ the C~ tv n, Temecu) a P) annj -n Commission wiLL he herd on Monday, December '/, 199~, ~:00 P.M., Vaj ~1 E.{ ementarv Schnn) . ~9921 ~ M~ ra I.nma 1.5 .da, Temecxm) a, CA. Ch~.irman l..inda Pa'bey' ,tlf, crc-.i.~.rv ATTACIIMENT NO. 11 PLANNING COMMISSION STAFF leEPORT (NOVEMBER 16, 1992) S~,STAFt:RP~24182AL.L, CC Idb 44 ITEM #4 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION November 16, 1992 CASE NO.: Planning Application No. 92-0013 (Development Agreement) Specific Plan No. 219, Amendment No. 3, First Extensions of Time for Vesting Tentative Tract Map No. 24182, Amendment No. 3, Vesting Tentative Tract Map No. 24184, Amendment No. 3, Vesting Tentative Tract Map No. 24185, Amendment No. 3, Vesting Tentative Tract Map No. 24186, Amendment No. 5, Vesting Tentative Tract Map No. 24187, Amendment No. 3, Vesting Tentative Tract Map No. 24188, Amendment No. 3 (East Side Maps), and EIR No. 235 Addendum. PREPARED BY: Saied Naaseh RECOMMENDATION: RI=COMMFND Adoption of Resolution No. 92- recommending Approval for: Planning Application No. 92-0013 (Development Agreement) Specific Plan No. 219, Amendment No. 3, First Extensions of Time for Vesting Tentative Tract Map No. 24182, Amendment No. 3, Vesting Tentative Tract Map No. 24184, Amendment No. 3, Vesting Tentative Tract Map No. 24185, Amendment No. 3, Vesting Tentative Tract Map No. 24186, Amendment No. 5, Vesting Tentative Tract Map No. 24187, Amendment No. 3, Vesting Tentative Tract Map No. 24188, Amendment No. 3 (East Side Maps), and Certification of the Addendum to EIR No. 235 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: REPRESENTATIVES: PROPOSAL: S~$TA~4tl2ALL,!~C Bedford Development Corporation Turrini and Brink Planning Consultants Robert Bein, William Frost and Associates A request for approval of a Development Agreement to collect City Public Facilities Fee ($3,000.00 for residential and an agreement for non-residential), collect Interim Public Facilities Fee for two (2) years from the effective date of this agreement, improve and dedicate to the City of Temecula certain parks and open space areas to satisfy the Quimby Act requirements; a request for approval of an Amendment to Specific Plan No. 219 to add an 8.0 acre park to Planning Area No. 6 and increase the target density of that Planning Area from 15.6 dwelling units per acre to 19.7 dwelling units per acre and to maintain the total LOCATION: EXISTING ZONING: dwelling units of this Planning Area to 590, to make the Specific Plan consistent with the East Side Maps and to make all the sections of the Specific Plan consistent with each other by making minor changes to the graphics and the text of the Specific Plan; and a request for approval of the First Extensions of Time for the East Side Maps to create a total of 2, 151 single family residential lots, 101 open space lots, 4 multi-family lots, 1 neighborhood commercial lot and 2 elementary school sites, South of Pauba Road, east of Margarits Road, north of State Highway 79 and west of Butterfield Stage Road. Specific Plan SURROUNDING ZONING: North: South: East: West: Specific Plan No, 199 County R-A-2 ½ R-l, R-4-5,000, R-4-6,000, R-5, R-A-2, A-1-10, C-P-S PROPOSED ZONING: N/A EXISTING LAND USE: Single Family Residential and Vacant SURROUNDING LAND USES: North: South: East: West: School, Single Family Residential and Vacant Vacant Vacant Single Family Residential and Vacant PROJECT STATISTICS DeveloDment Aoreement Life of the Development Agreement -10 years Specific Plan Amendment Area Units 1,391.5 5,604 S%STAIcRI"~241 2 VestinQ Tentative Tract Maos Single Area Family (Acres) nJ.U. QLT~ Open Multi- Neighborhood Spece Family Commercial (Lots) (Lots) (Lots) SchooLs (Lots) V'I'F24182 136.2 443 V'rT24184 54.0 198 VTT24185 95.0 351 V'1'1'24186 114.1 445 V'I'F24187 74.6 363 VTT24188 ~ 351 21 4 0 0 12 0 0 0 18 0 0 0 14 0 0 1 10 0 0 0 26 0 1_ 601 2,151 101 4 1 2 BACKGROUND Development Aoreement Development Agreement No. 4 was approved by the County of Riverside on September 6, 1988 (refer to :Attachment No. 10), More recently, Bedford filed an application for a new Development Agreement (P.A. 92-0013). This application was filed as a result of the Memorandum of Understanding {MOU) signed between the City of Temecula and Bedford Development Corporation on August 11, 1992 (see Attachment Nos. 7, 8 and 9). SpeCific Plan Amendment Amendment No. 3 was made necessary by the MOU and adds an 8.0 acre park to Planning Area No. 6. Furthermore, as described below, the amendment was necessary to bring the East Side Maps into conformance with the Specific Plan and also to make the internal sections of the Specific Plan consistent with each other. Extensions of Time for East Side MaDe The East Side Maps were approved by the Riverside County Board of Supervisors on September 26, 1989. In reviewing the request for the extensions of time for the East Side Maps, Staff discovered inconsistencies between the approved maps and the Specific Plan. Furthermore, inconsistencies within the approved Specific Plan were discovered. Therefore, numerous minor changes were necessary to the maps to make them consistent with the Specific Plan and in some cases minor changes were made to the graphics and text of the Specific Plan to clarify the intent of the Specific Plan which resulted in the Specific Plan Amendment. I~STAFFRPT'~41tZAt,L. pC 3 At the April 20, 1992 Planning Commission Workshop, Staff requested direction from the Planning Commission on a number of issues (refer to Attachment Nee. 5 and 6). The following table summarizes these issues and the direction received by the Planning Staff from the Planning Commission: ISSUE Requirement of an Acoustical Study prior to approval of the First Extensions of Time for the East Side Maps. Requirement of Landscape Development Zones (LDZs) along school sites. Requirement of a 32 foot LDZ along Butterfield Stage Road. Requirement of traffic signals at key intersections. "PLANNING .COMMISSION DIRECTION Prepare the study and incorporate the recommendations in the design and Conditions of Approval for the Maps. Eliminate the LDZs along school sites by amending the Specific Plan. Amend the maps if increasing LDZs does not require substantial re-engineering of the maps; otherwise amend the Specific Plan to require a smaller LDZ and permit construction of single story single family dwellings if the 32 foot LDZ is not provided. Provide traffic signals where necessary. PROJECT DESCRIPTION A request for approval of a Development Agreement to collect City Public Facilities Fee ($3,000.00 for residential and an agreement for non-residential), collect Interim Public Facilities Fee for two (2) years from the effective date of this agreement. improve and dedicate to the City of Temecula certain parks and open space areas to satisfy the Quimby Act requirements; a request for approval of an Amendment to Specific Plan No. 219 to add an 8.0 acre park to Planning Area No. 6 and increase the target density of that Planning Area from 15.6 dwelling units per acre to 19.7 dwelling units per acre and to maintain the total dwelling units of this Planning Area to 590, to make the Specific Plan consistent with the East Side Maps and to make all the sections of the Specific Plan consistent with each other by making minor changes to the graphics and the text of the Specific Plan; and a request for approval of the First Extensions of Time for the East Side Maps to create a total of 2,151 single family residential lots, 101 open space lots, 4 multi-family lots, 1 neighborhood commercial lot and 2 elementary school sites. ANALYSIS Develooment Aoreement {DA) The main purpose of the DA is to set an interim City Public Facilities Fee of ~3,000,00 for all residential development within Specific Plan No. 219, Amendment No. 3 and collect · non- residential fee that will be determined at a later date. Furthermore, the DA identifies certain parks and open spaces to be dedicated to the City. The type of improvements and the timing mST~ t ~ Pc 4 of these improvements are also identified. These parks and open space areas include active and passive parks, paseo green belts and Landscape Development Zones (LDZs) including monuments. Four major parks will be developed, two on the west side of Meadows Parkway and two on the east side. The Westside Parks (8.0 acres and 7.74 acres) are intended to serve the residents on the west side of Meadows Parkway. The 8.0 acre perk will be completed by June 30, 1993 and the 7.74 acre park will be completed prior to issuance of the building permit for the 2,375th unit on the west side. It should be noted that the MOU required the completion of the 8.0 acre park by March 31, 1993. The Eastside Parks (7.4 acres and 9.35 acres) are intended to serve the residents on the east side of Meadows Parkway. The 7.4 acre park will be completed prior to issuance of the 100th combined building permit for Tracts 24182,24184,24185 and 24186. The 9.35 acre park will be completed prior to issuance of the 10Oth building permit for Tracts 24187 and 24188. In addition to the large parks, a number of small passive parks will be developed. These parks are intended to serve their immediate neighborhood. The timing for their development is tied to the tracts that they .are located in. They have to be completed prior to issuance of the 50th percent of building permits in their respective tracts. Additional open space will consist of greenbelt paseos and LDZs. Greenbelt paseos will act as the connectors of all the components of this Specific Plan including all the major parks, passive parks, schools, commercial areas and the different neighborhoods. Furthermore, they provide a buffer between single family dwellings. They will be landscaped and provided with either an eight foot or five foot wide sidewalk. The timing for their development is also tied to the tracts they are located in. Furthermore, just like small passive parks, they have to be completed prior to issuance of the 50th percent of building permits in their respective tracts. Landscaped Development Zones are landscaped areas next to collector streets and above. They will be fully landscaped with a 12 foot wide meandering combination sidewalk and bike trail or a 6 foot fixed sidewalk. Furthermore, at key intersections, a series of monuments are designed to define' the project and each neighborhood. For purposes of defining the timing for completion of these LDZs, they have been divided into major and minor LDZs. The major LDZs are located along Pauba Road, Butterfield Stage Road, Margarita Road, State Highway 79, DePortola Road and Meadows Parkway. These LDZs will be completed as soon as full street improvements are in place. In the case of the perimeter streets (Butteffield Stage Road, Margarita Road, State Highway 79 and Pauba Road) full street improvements apply only to half the street width on the project side. All other LDZs will be completed prior to issuance of the final building permit in each phase of the respective Final Map. Soecific Plan Amendment This amendment basically accomplishes two things: 1) to add the 8.0 acre perk and 2) to "clean up" the text and the graphics of the Specific Plan to make all its sections consistent with each other. The addition of the park is a positive amenity to the area; however, this addition will cause a higher density in Planning Area 6 since the total number of units is still at 590. With the addition of the park, the density for this Planning Area will increase from S~Tr~FFRPr~ ~ m2AU,PC 5 15.6 to 19.7 dwelling units per acre (DUIAC) which is still within the 14-20 DUIAC range of the Very High Density Zoning of the Specific Plan. If the density were to remain 15,6 DU/AC, only 465 units would be allowed, a loss of 125 dwelling units, East Side MaDe. First Extensions of Time These maps were apProved by the County of Riverside and through the City's review process of the Extensions of Time, the maps were discovered to be inconsistent with the Specific Plan, These maps are now consistent with the Specific Plan. EXISTING ZONING, SWAP AND FUTURE GENERAL PLAN The existing zoning and the SWAP designation for the site are Specific Plan No. 219. The proposed projects are consistent with the zoning and SWAP designations. The future General Plan designation is Low Medium Density Residential, High Density Residential, Neighborhood Commercial; Community Commercial and Public Institutional. The proposed projects are consistent with these designations. ENVIRONMENTAL DETERMINATION Environmental Impact Report (EIR) No. 235 did not evaluate the impacts of a Development Agreement. Furthermore, the proposed changes to the Specific Plan and the Extensions of · Time for the East Side Maps required further environmental assessment. Since the proposed project does not change any of the impacts identified in EIR No. 235, an addendure to EIR No, 235 has been prepared (refer to Attachment No. 4), SUMMARY/CONCLUSIONS The proposed Development Agreement has been prepared to implement the MOU. The timing for construction of all open space has been altered from that of the MOU. This new timing schedule will actually speed up The improvements of The open space within Paloma Del Sol, The proposed Specific Plan Amendment entails a number of revisions; however, the density increase of Planning Area 6 from 15.6 to 19.7 dwelling units per acre is the major issue. This new density is still within the density range of Very High Density Zoning of the Specific Plan. The proposed Extensions of Time for the East Side Maps are now consistent with the Specific Plan and provide a network of open space and Trails for a recreation oriented community as required by the Specific Plan. The Addendum to the EIR identified no changes in the impacts identified in the original EIR No. 235. FINDINGS Plannino Aoolication No, 9:~-0013 (Develooment Aareement) 1. The City is proceeding in a timely fashion with the preparation of its General Plan. I%IT~4112AU, I.C 6 , There is a reasonable probability that the project will be consistent with the General Plan proposal presently being considered, since the project will be compatible with surrounding uses and will carry out the policies intended for the General Plan. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the project is ultimately inconsistent with the plan, since this project will not have a negative impact on the surrounding uses. The project complies with all other applicable requirements of state law and local ordinances. e The environmental impacts of the agreement have been reviewed and all measures deemed fea'sible to mitigate adverse impacts thereof have been incorporated into the City approvals for the project. These impacts have been found not to be different from those impacts identified in EIR No. 235. Soecific Plan No. 219. Amendment No, 3 There is a reasonable probability that Specific Plan No. 219, Amendment No. 3 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request is consistent with the SWAP Designation of Specific Plan and is in substantial conformance with Specific Plan No. 219, Amendment No. 2. There is not a likely probability of substantial detriment to or interference with the future General Plan, if Specific Plan No. 219, Amendment No. 3 is ultimately inconsistent with the plan, due to the fact that approval of such an amendment will ensure orderly development of the area and the significant environmental impacts have been mitigated. The project is compatible with surrounding land uses of schools and single family residential since it is separated by wide streets with substantial landscaping to reduce the visual impacts and other impacts have been reduced to a level of insignificance. The proposal will not have an adverse effect on surrounding proparty, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 219, Amendment No. 2. The project will have a positive impact on the surrounding land uses since it is introducing an additional new park to the area. The changes proposed in the approved Specific Plan are very minor and do not change the total number of units or the overall intensity of the development. I%STAFFIF'T~4tl2AU, IBC 7 East Side Mans (Vesting Tentative Tract Map No. 24182, Amendment No. 3; Vesting Tentative Tract Map No. 24184, Amendment No. 3; Vesting Tentative Tract Map No. 24185, Amendment No. 3; Vesting Tentative Tract Map No. 24186, Amendment No. 5; Vesting Tentative Tract Map No. 24187, Amendment No. 3; Vesting Tentative Tract Map No. 24188, Amendment No. 3) e e e e There is a reasonable probability that 'the East Side Maps will be consistent with the City's future General Plan, which wilt be completed in a reasonable time and in accordance with State law. The project, as condition.d, conforms with existing applicable city zoning ordinances and development standards. Furthermore, the proposed density of the project is consistent with the future General Plan Land Use · Designation of Low Medium Density Residential, Commercial and Public Institutional. .There is not a likely probability of substantial detriment to, or interference with the City's future General Plan, if the proposed use is ultimately inconsistent with the Plan, since the surrounding land uses are single family dwellings, schools and vacant land. The proposed use or action as conditioned complies with State planning and zoning laws. Reference local Ordinances No. 348,460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). The Planning Commission has considered the effect of its action upon the housing needs of the region and has balanced these needs against the public service needs of the residents and available fiscal and environmental resources (Coy. Cod Section 66412.3) and finds that the project density is consistent with SWAP and the future General Plan. Additionally, it will provide more diversity in the housing type available to the residents of the City of Temecula. The proposed project will not result in discharge of waste into the existing sewer system that is in violation of the requirements as set out in Section 13,000 et seq. of the California Water Code since the project has been conditioned to comply with Eastern Municipal Water District's requirements. The design Of the subdivisions provide to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivisions (Gov. Code Section 66473.1) by limiting the height of the future structures to 40 feet and requiring setbacks according to the R-1 standards. The project has acceptable access by means of dedicated right-of-way and as conditioned. The project is consistent with the intent of the original project approved by the County of Riverside. The maps are consistent with the provisions of Specific Plan No. 219, Amendment No. 3. S~'~T~4182A'L~IPC 8 10. Said Findings are supported by minutes, maps, exhibits and environmental documents associated with this application and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. STAFF RECOMMENDATION: RECOMMEND Adoption of Resolution No. 92- recommending Approval for: Development Agreement no. 92-0013, Specific Plan No. 219, Amendment No. 3, First Extensions of Time for Vesting Tentative Tract Map No. 24182, Amendment No. 3, Vesting Tentative Tract Map No. 24184, Amendment No. 3, Vesting Tentative Tract Map No. 24185, Amendment No. 3, Vesting Tentative Tract Map No. 24186, Amendment No. 5, Vesting Tentative Tract Map No. 24187, Amendment No. 3, Vesting Tentative Tract Map No. 24188, Amendment No. 3 (East Side Maps), and Certification of the Addendure to EIR No. 235 based on the Analysis and Findings contained in the Staff Report and subject to' the attached Conditions of Approval. S%STAFFIFl%24112ALL, Iq: 9 Attachments: 1. Resolution No. 92- - blue page 11 2. Conditions of Approval for: - blue page 18 A. Vesting Tentative Tract Map No. 24182, Amendment No. 3 B. Vesting Tentative Tract Map No. 24184, Amendment No. 3 C. Vesting Tentative Tract Map No. 24185, Amendment No. 3 D. Vesting Tentative Tract Map No. 24186, Amendment No. 5 " E. Vesting Tentative Tract Map No. 24187, Amendment No. 3 F. Vesting Tentative Tract Map No. 24188, Amendment No. 3 3, Exhibits - blue page '128 A. Vicinity Map B. SWAP C. Zoning D. Specific Plan No. 219, Amendment No. 3, Land Use Map El. Vesting Tentative Tract Map No. 24182, Amendment No. 3, 1st EOT E2. Vesting Tentative Tract Map No. 24184, Amendment No. 3, 1 st EOT E3. Vesting Tentative Tract Map No. 24185, Amendment No. 3, 1 st EOT E4. Vesting Tentative Tract Map No. 24186, Amendment No. 5, 1st EOT ES. Vesting Tentative Tract Map No. 24187, Amendment No. 3, 1st EOT E6. Vesting Tentative Tract Map No. 24188, Amendment No. 3, 1 st EOT 4. Addendure to EIR No. 235 - page 129 5. .Planning Commission Staff Report, Direction on East Side Maps, April 20, 1992 - blue page 131 6. Planning Commission Minutes, April 20, 1992 - blue page 132 7. City Council Staff Report, Memorandum of Understanding, August 11, 1992 - blue page 133 8. City Council Minutes, August' 11, 1992 - blue page 134 9. Planning Application No. 92-0013 (Development Agreement) - blue page 139 10. Development Agreement No. 4 - blue page 136 11. Specific Plan No. 219, Amendment No. 3 - blue page 137 SqITAFFRwT~4 112AI. LlmC 10 ATTACHMENT NO. 1 RESOLUTION NO. 92-.__ 11 ATTA~ NO. 1 RESOLUTION NO. 92- A RESOLUTION OF TKE PLANNING COMMISSION OF TKE CITY OF TEMECULA RECOlVIMENDING APPROVAL OF Planning Application No. 92--0013 (Development Agreement) SPECIFIC PLAN NO. 219, A.MRNDMENT NO. 3, THE FIP, ST EXTENSIONS OF TIRE FOR VESTING TENTATIVE TRACT MAP NO. 24182, AMPNDMENT NO. VESTING TENTATIVE TRACT MAP NO. 24184, ~MENT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24185, AMENDMPNT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24186, AMEND~ NO. 5, V~STING TENTA~ TRACT MAP NO. 24187, ~lVI~NT NO. 3, VF..~TING TI~NTA~ TRACT MAP NO. 24188, AMENDMENT NO. 3 (EAST SIDE MAPS), AND CER~G THE ADDENDUM TO NO. 235; TO APPROVE A DEVELOP~ AGI~:~I]~r B~ BEDFORD DEV'~-OPlVfRNT CORPORATION AND THE CITY OF ~ FOR A TEN YEAR PEEIOD, TO COT .T .;CT DEVELOPMENT F~-~, ~ C~PrqT FOR QUIMBY ACT REQ~ BY DEVELOPING AND DEDICATING FUBt~C PARKS AND OPEN SPACE, AND THE TIMING OF IMPROV]~VIEN'~; AN AMENDlVfPNT TO SPECIFIC PLAN NO. 219 TO ADD AN EIGHT ACRE PARK TO PLANNING AREA 6, TO MAKE THE SPECIFIC PLAN CONSISTI~NT wrrH THE EAST SIDE MAPS AND TO MAKE .AT THE SECTIONS OF THE SPECIFIC PLAN CONSISTENT WITH l~ACH OTI-rP~; TO CEEATE 443 SINGLE FAMTf -Y RESIDENTIAL, 21 OPEN SPACE AND 4 MIJLTIFAlVfFf -Y LOTS (VES~G TENTATIV~ TRACT MAP NO. 24182, A.MI~IDI~f~'NT NO. 3), 198 SINGLE FAlVtrt T EF_.SIDENTIAL, 12 OPEN SPACE LOTS (VES~G TENTATIVE TRACT MAP NO. 24814, ~MENT NO. 3), 351 SINGL~:- FAMrLY RESIDENTIAL, 18 OPEN SPACE LOTS (VESTING TENTATIVE TRACT MAP NO. 24185, AM'RND~ NO. 3), 445 SINGI J:- FAMrLY EESIDDENTIAL, 14 OPEN SPACE AND 1 ~t-~IENTARY SCHOOL LOTS (VESTING TENTATIVE TRACT MAP NO. 24186, ~I~:~'T NO 5), 363 SINGI -~. FAlvtrf -Y RESIDENTIAL, 10 OPEN SPACE LOTS (VESTING TENTA~ TRACT MAP NO. 24187, AMENDRENT NO. 3), 351 SINGLE FAMH-Y P,F.~IDEN'IiAL, 26 OPEN SPACE, 1 ~t-~ARy SCHOOL, AND 1 NEIGI-I]~ORHOOD COM~I~RCIAL LOT~ (VESTING TENTATIVE TRACT MAP NO. 24188, AMENDMENT NO. 3) AND TO CERTIFY AN ADDENDUM TO EIR NO. 235 D~i"EP-MINI~G NO ADDITIONAL IMPACTS AS A RF.~ULT OF THE APPROVAL OF THE DEVELOPMENT AGI~P~f!:!NT, THE SPECIFIC PLAN AMENDMENT AND TEE EXTENSION OF TIME FOR THE EAST SIDE MAPS. W~I~-~.~,S, The Bedford Development Corporation fried Planning Application No. 92- 0013 (Development Agreement) Specific Plan No. 219, Amendment No. 3, The First Extensions of Time for Vesting Tentative Txact Map No. 24182, Amendment No. 3, Vesting Tentative Tnct Map No. 24184, Amendment No. 3, Vesting Tentative Tract Map No. 24185, Amendment No. 3, Vesting Tentative Tract Map No. 24186, Amendment No. 5, Vesting Tentative Txact Map No. 24187, Amendment No. 3, Vesting Tentative Tract Map No. 24188, Amendment No. 3 in accordance with the Riverside County l~,,d Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by r~ference; $%'STAI=!qlPT~4182AI'L'PC 12 WRI~-I~A~, said applications were processed in the time and manner prescribed by State and local law; ~, the Planning Commission considered said applications on November 16, 1992, at 'which time in~ persons had an oppommity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said applications; NOW, Tn'E~R~ORE, ~ PLANNING COMI~gSION OF Tn'R CITY OF T]~[ECULA DOF..q Rf,qOLVE, DETERMINE AND ORDER AS FOLT-OWS: Section 1. Findinfs. l'nat the Temec-ln Planning Commition 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 fortowing inco,po, ation. During that 30-month period of lime, the city is not subject to the requirement tint a general plan be adopted or the requirements of stale law that its decisions be consistent with the general plan, if all of the following requir,~nents are me~: general plan. The city is proceeding in a timely fashion with the prelm~on of the 2. The phnning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or' which will be studied within a reasonable time. b. 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. c. The proposed use or action complied with nil other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as mended by the Southwest Area Community Plan, Cnereinafter "SWAP') was adopted prior to the incorporation of Temecuh as the General Plan for the southwest portion of Rivehide 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 ~on of its General Plan. S%STAFFRPT',,24112AU..F~C 13 ~7 C. The Planning Commission in recommending approval of said applications makes the following findings, to wit: P~nnln,~ Application No. ~,0013 a)~dopmmt Agrmm~) General Plan. The City is proceeding in a timely fashion with the preparation of its 2. Thea'e is a reasonable probability that the projea will be consistent with the General Plan proposal presen~y being considered, since the project will 'be compatible with surrounding uses and will carry out the policies intended for the C:eneml Plan. 3. There is litde or no lm'obab~ of mbmantbtl detriment to or interference with the future adopted geeend plan ff the project is ultimately incons~rtent with the plan, since this project will not have a negative impact on the surrounding uses. 4. The project complies with all other applicable requirements of state law and local ordinances. 5. The environment=! impacts of the agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts ~ have been incorporated into the City approvals for the project. These impacts have been found not to be diffenmt from those impacts identified in EIR No. 235. Specific Plan No. 219, Amendment No. 3 1. Them is a reasonable probability that Specific Plan No. 219, Amendment No. 3 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request is consistent with the SWAP Designation of Specific Plan and is in substantial cov'formance with Specific Plan No. 219, Amendment No. 2. 2. There is not a likely probability of substantial detriment to or interference with the future General Plan, ff Specific Plan No. 219, Amendment No. 3 is ultimately inconsistent with the plan, due w the fact that approval of such an 'amendment will ensure orderly development of the area and the significant environmenla] impacts have been miti"""""""'~. 3. The project is compatible with surrounding land uses of schools and single family residential since it is separated by wide streets with substantial !andSeeping to reduce the visual impacts and other impacts have been reduced to a level of insignificance. 4. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the a~a, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 219, Amendment No. 2. S~TARq~q~4~.2AU, PC 14 5. The projea will have a positive impact on the surrounding land uses since it is introducing an additional new park to the area. 6. The changes proposed in the approved Specific Plan are very minor and do not change the total number of units or the overall intensity of the development. East Side Maps (Vesting Tentative Tract Map No. 24182,/kmendment No. 3; Vesting Tentative Tract Map No. 24184, Amendment No. 3; Vesting Tentative Tract Map No. 2418S, .Amendment No. 3; Vesting Tentative Tract Map No. 24186, Amendment No. ~; Vesting Tmamtive Trm Map No. 24187, ~nsmdment No. 3; Vesting Tentative Tract lVlap No. 24188, .Amamdmmt No. 3) l. The~ is a reasonable pmtab~ity .that the Bast Side Maps will bc consistent with the City's future General Plan, which will be completed in a rcasonable time and in accordance with State law. The project, as condifioned, conforms with existing applicable city zoning ordinances and development standards. Furthermore, the proposed density of the projea is consisteat with thc future Cveneml Plan Land Use DesiLrtmtion of Low Medium Density Residential, Commercial and Public Institutional. 2. There is not a likely pwbability of submantial detriment to, or interference with the City' s future General Plan, ff the proposed use is nitinto,ely incontinent with the Plan, sin~e the surrounding land uses aa~ single farofly dwellingS, ~hoois and vacant land. 3. The proposed use or action as conditioned complies with State planning and zoning laws. Reference local Ordinances No. 348, 460; and California GovemmenU~ Code Sections 65000-66009 (Planning and Zoning Law). 4. The Planning Commission has considered the effect of its action upon the housing needs of the region and has balanced these needs against the public service needs of the residents and available fiscal and environmental resources (C, ov. Cod Section 66412.3) and finds that the project density is consistent with SWAP and the future Cveneml Plan. Additionally, it will provide more diversity in the housing type available to the residents of the City of Temecula. 5. The proposed pwjca will not re, suit in discharge of waste into the existing sewer system that is in violation of thc rcquircments as set out in Section 13,000 et seq. of the California Water Code since thc project has bcen conditioned to comply with Eastern Municipal Water District's requirements. 6. The design of the subdivisions provide to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision (Gov. Code Section 66473.1) by simifing the height of the future structures to 40 feet and requiring setbacks according to the R-1 standards. The project has acceptable access by means of dcdicated right-of-way and 8. The project is consistent with the intent of the orig~al project approved by the County of Riverside. 9. The maps are consistent with the provisions of Specific Plan No. 219, Amendment No. 3. 10. Said Findings are supported by minutes, maps, exhibits and environmental documents associated with this application and heroin incorporated by r~ference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. D. As conditioned pursuant to Section 3, the East Side Maps are compatible with the health, safety and weftare of the community. Addendure to Environmental Impact Report No. 235 The Addendure was prepared since the proposed project does not change any of the impacts identified in EIR No. 235. Section 2. ~-nvironrnental Conlpliane. e. An addendure has been prepared for this project which identified no additional impacts as a re, suit of the changes in the project. Therefore, staff has recommended Certification of the Addendure to HR No. 235. Section 3. Conditions. That the City of Temecula .Planning Commission herP, by r~commends approval of Development Agreement 92-0013, Specific Plan No. 219, Amendment No. 3, First Extensions of Time for the East Side Maps (Vesting Tentative Tract Map No. 24182, Amendment No. 3; Vesting Tentative Tract Map No. 24184, Amendment No. 3; Vesting Tentative Tract Map No. 24185, Amendment No. 3; Vesting Tentative Tract Map No. 24186, Amendment No. 5; Vesting Tentative Tract Map No. 24187, Amendment No. 3 and Vesting Tentative Tract Map No. 24188, Amendment No. 3 located to the south of Pauba Road, north of State Highway 79, west of Butterfield Stage Road and east of Margarita Road subject to the following conditions: A. Attachment No. 2, attached hereto. Section 4. PASSED, APPROVl2) AND ADOPTED this 16th day of November, 1992. STATE OF CALIFORNIA) COUNTY OF RIVBRSlDE) SS ClTYOFTI~L"'b'LA) I FrsmEay CERTIFY that the foregoing Resolution was duly adoprod by the Plannin'g Commission of the City of Temecuh at a regular meeting thereof, held on the __ day of ,199 by the following vote of the Commission: PLANNING COMMISSIONERS: NOES: PLANNING COMM~SIONERS: PLANNING COMMISSIONERS: GARY TIIORNI~ -~- SECRETARY s~sTam, F,'r~4'ie~.au..F.c '17 ATTACHMENT NO. 2 CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 24182, AMENDMENT NO. 3, 1 ST EOT VESTING TENTATIVE TRACT MAP NO. 24184, AMENDMENT NO. 3, 1ST EOT VESTING TENTATIVE TRACT MAP NO. 24185, AMENDMENT NO. 3, 151' EOT VESTING TENTATIVE TRACT MAP NO. 24186, AMENDMENT NO. 5, 1ST EOT VESTING TENTATIVE TRACT MAP NO. 24187, AMENDMENT NO. 3, 1 ST EOT VESTING TENTATIVE TRACT MAP NO. 24'188, AMENDMENT NO. 3, 1ST EOT =ST, aeT~,~eAU.3,C 18 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 24182, Amendmere No. 3, First Extension of Time Project Description: To subdivide 136.2 acres into 443 Single Family Residential, 21 Open Space and 4 Multi- Family Residential lots. Assessor's Parcel No.: 926-130-036 926-130-037 926-130-038 926-130-039 926-130-040 Approval Date: Expiration Date: PLANNING DEPARTMENT The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, 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. 2. Any delinquent property taxes shall be paid prior to recordation of the final map. 3. Subdivision phasing shall be subject to Planning Department Approval. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the 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 notes shall be placed on the ECS: "This proparty is located within thirty (30) miles of Mount Palmar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy," "EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecuia Planning Department." S~STAFFN:'T~4112ALL.PC 19 5. Prior to the issuance of GRADINn PERMITS, the following conditions shall be satisfied: If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall .be submitted to the Planning Director for approval, The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: (1) Techniques which will be utilized to prevent erosion and sedimentation during and after me grading process, (2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March, (3) Preliminary pad and roadway elevations, (4) Areas of temporary grading outside of a particular phase, The developer shall provide evidence to the Director of Buijding 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, The applicant shall comply with the provisions of Ordinance No, 663 by paying the appropriate fee set forth in that ordinance, Should Ordinance No, 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No, 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution, Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and revised October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels 'to 45 Ldn and exterior noise levels to 65 Ldn. 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, S;TAFF:IFP,24112AL,LIPC: 20 The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 24182, Amendment No. 3, which action is brought within the time period provided for in .California Government Code Section 66499.37. The City of Temecula will promptly notify me 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. Covenants, Conditions and Restrictions/Reciprocal Access Easements: The Covenants, Conditions and Restrictions .(CC&R's) shell be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in The development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty To maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments. To meet changing costs of maintenance, repairs, and san/ices. Recorded CC&R's shall permit enforcement by the City of Provisions required by The City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior To making any such sale, This condition shall not apply to land dedicated to the City for public purposes. 10. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. 11. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or {2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 12. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars (~875.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d){3) plus the Twenty-Five Dollar ($25.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). 13, A Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets G, H, S and the two future entrances to the 20,0 acre Very High Density Residential parcels. 14. Bicycle tTaiiS shall be constructed per Figure 6 of Specific Plan No. 219, Amendment No. 3 along Street A, Class II and DePor~ola Road, Class I, · 15. A Major Project Entry Statement shall be constructed per Figure 35 of Specific Plan No. 219, Amendment No. 3 for Lot 446. 16. Minor Project Entry Statements shall be constructed per Figures 35 and 36 of Specific Plan No. 219, Amendment No, 3 for lots 452 and 460, 17, Minor Community Entry Statements shell be constructed per Figures 32 of Specific Plan No, 219, Amendment No, 3 for lots 458 and 454, 18, A Landscaped Transition Area shall be constructed per Figure 13C of Specific Plan No. 219, Amendment No. 3 for lot 450. This Landscaped Transition Area shall be incorporated into a 25 to 40 foot minimum building setback for the development of structures on lots 465,466, 467 and 468 at the Plot Plan stage,' 19. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Meadows Parkway. 20. Roadway landscape treatment shall be constructed per Figure 25 of Specific Plan No. 219, Amendment No. 3 for State Highway 79. 21. Roadway landscape treatment shall be constructed per Figure 23A of Specific Plan No. 219, Amendment No. 3 for Butterfield Stage Road. 22. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for DePortola Road. 23, Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Street A. 24. The Landscape Development Zone (LDZ) along Major Community Street Scenes including Meadows Parkway, DePortola Road and Butterfield Stage Road and State Highway 79 shell use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV,C.l,b,2,a., b. and c. of Specific Plan No. 219, Amendment No, 3. 25. The LDZs along the Project Street Scene, Street A, shall use the plant palette per Section IV,C;1 .c.1. of Specific Plan No. 219, Amendment No. 3. 26. The landscaping for lots 458,446 and 454 shall use fie Accent Trees on the plant palette in Section IV,C,1 .d.1. and 2. of Specific Plan No. 219, Amendment No. 3, 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. The plant palette 'for Evergreen Background Grove Trees per Section IV.C; 1 .d.4.a of Specific Plan No, 219, Amendment No, 3 and the plant palette for Deciduous Accent Grove Trees per Section Iv.C. 1 ,b,2,a. shall be used for the landscape buffer zones in lot 450. The Very High Density Residential landscape requirements shall be consistent with Section IV.C.3.c.1 through 14 of Specific Plan No. 219, Amendment No. 3. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or e combination of the two shall be constructed per Figure 40 of Specific Plan No. 219, Amendment No. 3; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Butterfield Stage Road, State Highway 79, Meadows Parkway, Street A and DePortola Road. * Project Masonry Walls and Project View Walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets G, H and S. The Medium High Density Residential landscape requirements shall be consistent with Section IV.C,3.c.1. through 14. of Specific Plan No. 219, Amendment No, 3. The Medium Density Residential landscape requirements shall be consistent with Section IV.C,3.d, 1. throug.h 7. of Specific Plan No, 219, Amendment No, 3. The accent trees identified in Section IV.C.I.d.3. of Specific 'Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets G, H and S. The plant material palette identified in section Iv,c.l,e. of specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. The seed mix for Tuff Grass identified in Section IV.C.1 .e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead of the seed mix. Planting shall commence as soon as slopes are completed on any portion of the site and shall provide for rapid short-term coverage of the slope as well as long-term establishment cover per standards set forth in Ordinance 457.75. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping. This condition applies only if construction of the site does not commence within ninety (90) days of grading operations. A one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of the landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. S~STAFFW~,~.:,~ 23 38. Cut slopes equal To or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more than ten (1 O) feet on center or trees spaced not to exceed twenty {20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover, Other standards of erosion control shell be consistent with Ordinance No. 457.57. 39. Irrigation for the project site shall be consistent with Section IV,C, 1 .j. of Specific Plan No, 219, Amendment No, 3, . 40. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion, 41. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. 42. The residential lot street tree requirements and front yard requirements shell be consistent with Section IV,C,3,a, 1 ,,2,, and 3, of Specific Ran No, 219, Amendment No. 3. 43. All lighting within the project shall be consistent with Section IV.C.5 of Specific Plan No. 219, Amendment No. 3. All future development on this site will require further review and approval by the City of Temecula, These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 (Section IV). 45. 46. All future development within this project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. The amenities and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt peseos and parkway paseos shall be used for developing these areas or as modified by the Development Agreement 92- 0013. 47. Maintenance and timing for completion of all open space areas shall be as identified in Development Agreement 92-0013. 48. 49, A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval, The following needs to be included in these plans: A. Typical front yard landscaping for interior, comer and cul-de-sac lots. 50. 51. B. Typical slope landscaping. C. Private and public park improvements and landscaping. All open space area landscaping including, private and public common areas, private recreational areas, peseos, equestrian trails, monuments and the Landscape Development Zones. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. The timing for installation of all landscaping, walls and tTailS shall be identified prior to approval of these plans. The plant heights at sensitive locations for traffic safety shell be subject to the approval of the Public Works Department. The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape' plans and shall be screened as specified on this condition. J. The responsibility for installation of all landscaping and walls shall be identified. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a part of and shall be consistent with the provisions of the Specific Plan No. 219, Amendment No. 3. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four {24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of twenty four. (24) inch box trees into the design. A note shall be placed on the conceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement},. If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. 52. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992. 53. A Private Active Participation Opportunity Area shall be constructed for lots 465,466, 467 and 468. This area may include facilities such as pools, spas, cabanas, meeting rooms, barbecues, wet-bars and kitchen facilities. This area shall be a minimum of 1.05 acres. 54. A Plot Plan shall be filed for the development of lots 465, 466, 467 and 468. The individual developments within these lots shall be consistent with this plot plan. 55. All two-story residential structures shall maintain a 40-foot setback from the State Route 79 right-of-way (this condition applies to single family dwellings only). 56. 57. Lots 80, 81,239, 240, 275 and 276 (which have side structure exposure) shall be limited to one-story residential dwellings .unless the 40-foct setback requirement (identified in Condition No. 55) can be met during final site design. The following conditions shall apply to lots 465,466, 467 and 468: Future multi-family structures located on the site should maintain a minimum 40-foot setback from the property line along State Route 79 and a minimum 30-foot setback from the property lines adjacent to Meadows Parkway and "A" Street. Be Any future multi-family structures located within the 65 dBA noise level contour shall be constructed with double-paned windows to maintain interior noise levels at 45 dBA or less (refer to Wilber Smith Associates Noise Study dated September 22, 1992 and subsequent Study dated October 3, 1992). Ce Any outdoor activity/recreation areas developed as part of the multi-family residential project shall be located in the center portion of the site where exterior noise levels would be below 65 dBA (refer to Wilber Smith Associates Noise Study dated September 22, 1992 and subsequent Study dated October 3, 1992). OTHER AGENCIES 58. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittel dated October 6, 1992, a copy of which is attached. 59. The applicant shall comply with the flood control recommendations outlined in the Riverside County Rood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. S~TAFFIFT~4112AU'II~ 26 60. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. 61. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittal dated January 23, 1992, a copy of which is attached. 62. The applicant. shall comply with the recommendations outlined in the Rancho Water District transmittal date January 21, 1992, a copy of which is attached. 63. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency trensmittal dated January 21, 1992, a copy of which is attached.. 64. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittal dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 65. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shell be complied with as set forth below, or as modified by separate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. Prior to Recordation of Final MaDIs) 66. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA). 67. Community park sites of (3) acres or greater shall be offered for dedication to the City of Temecula, Community Services Department (TCSD) for maintenance purposes following compliance to existing City standards and completion of an application process. 68. All proposed slopes, open space, and park land intended for dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to identify said lot numbers as a proposed TCSD maintenance area. 69. Exterior slopas (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an . application process. All other slopes shall be maintained by an established Home Owners Association (HOA). e, S~TAFr-W,~,~ 27 70. Proposed olan space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater shall be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. 71. Prior to recordation of final map, The applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. 72. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordstion of final map. 73. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. 74. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map will preclude their inclusion into the TCSD. 75, If the City Engineer determines that the project's street improvement bond is insufficient to cover the parkway landscaping and irrigation improvements, the developer shall, prior to recordation of final map, post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteeing the viability of all landscaping installed prior to the acceptance of maintenance responsibility by the TCSD. Prior to Issuance of Certificate of OccuDancvls) 76. It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 77. Prior to issuance of any certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the hnal project. S%STAFFtFT~4112ALLpC 28 General 78. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES SPECIRCATIONS. AND 79. The developer, the developer's successors or assignee, shell be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. PUBLIC WORKS DEPARTMENT Department of Public Works Conditions of Approval for: Vesting Tentative Tract 24182 - Paloma Del Sol The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of .the Department of Public Works. It is understood that the Developer correctly shows on the tentative map or site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. GENERAL REnUIREMENTS 80. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 81. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 82. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Rood Control District for approval prior to recordation of the finel map or the issuance of any permits. 83. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 84. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. PRIOR TO ISSUANCE OF GRADING PERMITS: 85. The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 86. All lot drainage shall be directed to the driveway by. side yard drainage swales independent of any other lot, 87. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice · of Intent has been filed or the project is shown to be exempt. 88. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: · O. · · · · · · San Diego Regional Water Quality; Riverside County Rood Control District; Planning Department; Department of Public Works; CaITrans; General Telephone; Southern California Edison Company; and Southern California Gas Company. 89. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check, The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 90. 91. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 92. 93. 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 peyabte to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. S~kST&FFgFT~4182ALL,..IK:: 3O 94. 95. 96. 97. 98. 99. PRIOR 100. 101. A drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public WorkS. Identify and mitigate impacts of grading to any oneire or offsite drainage course. Ce The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan. The subdivider shell accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 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. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. A permit from Riverside County Flood Control District is required for work within their right-of-way. TO THE ISSUANCE OF ENCROACHMENT PERMITS: All necessary grading permit requirements shall have been submitted/accomplished to the satisfaction of the Department of Public Works. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting. drainage facilities and paving shall be prepared by a Registered Civil Eng,neer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. 102. 103. 104. 105. 106. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk). Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. Concrete sidewalks shall be cormt'ructed along public street frontages in accordance with City standard 400 and 401. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the DepartTnent of Public Works. 'G. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All concentrated drainage directed towards the public street from the multi- family residential site shall be conveyed through undersidewalk drains. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. Improvement plans per City Standards for the private streets or drives within the multi- family residential development shall be required for review and approval by the Department of Public Works. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance wi.th City Standard 207 and 208. All driveways shall be located a minimum of two (2) feet from the side proparty line. lITAI~I~mT~4112ALLI. C 32 107. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility prorider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 108. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 109. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any siteat closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO RECORDATION OF FINAL MAP: 110. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approachas, street lights, signing, traffic signals and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems. F. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. 111. As deemed necessary by the Department of Public Works, the developer shell receive writ'ten clearance from the following agencies: Rancho California Water 'District; Eastern Municipal Water District; Riverside County Flood Control District; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; CalTrans; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southern California Gas Company S%STA~4112ALL, PC: 33 112.. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. Pedestrian access with sidewalks shall be provided from the cut-de-sac terminus. of streets 'D", 'F", "M', "N" and "W" to the adjacent public street. 'All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. Streets "G" , "H" and "S" shall be improved with 50 feet of asphalt concrete pavement with a raised I O-foot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A (70'/50'). All remaining interior local streets shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). De Portola Road and Street "A" shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). Meadows Parkway and Butterfield Stage Road shall be improved with 43 feet of half street improvement with a raised median, plus one 12-foot lane outside the median turn lane, or bonds for the street improvements may be posted, within a 110' dedicated right-of-way in accordance with City Standard No. 100, (110'/86'). State Highway 79 shall be improved with concrete curb and gutter, asphalt concrete pavement, and any reconstruction or resurfacing of existing paving as determined by Cattrans within a 71-foot half-width dedicated right-of-way per Caltrans letter, dated January 23, 1992. In the event that the required improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required improvements per applicable City Standards. All Assessment District No. 159 improvements immediately adjacent to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. Left turn lanes shall be provided at all intersections on Street 'A" and De Portola Road. $~T&F:FIIPT~4 112AI, LPC 34 123. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 124. Vehicular access shall be restricted on State Highway 79, Butterfield Stage Road, De Portola Road, Street "A" and Meadows Parkway and so noted on the final map with the exception of street intersections and two (2) entry points to Street "A" for the multi-family residential lots as shown on the approved Tentative 'Map and as approved by the Department of Public Works. 125. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for State Highway 79, Butterfield Stage Road, De Portola Road, Street "A" and Meadows Parkway and shall be included in the street i.mprovement plans. 126.- Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersections of Meadows Parkway at Street "A" and De Portola Road at Street "A" and shall be included in the street improvement plans with the second plan check submittal. 127. Traffic signal interconnection shall be designed by a registered Civil Engineer to show 1-1/2" rigid conduit with pull rope, and #3 pull boxes on 200 foot centers along the property fronting State Highway 79 and Butterfield Stage Road. This design shall be shown on the street improvement plans and must be approved by the 'Department of Public Works and Caltrans. 128. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 129. Bus bays will be provided at all existing and future bus stops as de;termined by the Department of Public Works. 130. Corner property line cut off shall be required per Riverside County Standard No. 805. 131. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 132. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, 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 for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be S%STAFFIqPT%24112AI"L'ImC 35 added to the final map stating "drainage easements shall be kept free of buildings and obstructions." 133. Prior to recordation of the final map, an Environmental Constraints Sheet {ECS) shall be prepared in conjunction with the final map to delineate' identified environmental concerns and shall be permanently filed-with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 134. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 135. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the tim 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. 136. Prior to recording the final map, the subdivider shall notify the City's CA'IV Franchises of the Intent to Develop. Conduit shall be installed to CA'IV Standards at time of street improvements. PRIOR TO BUILDING PERMIT: 137. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 138. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County Geologist, dated May 15, 1989. 139. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be ~2.00 per square foot, not to exceed ~10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (aseurning benefit to the projeot in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, S~I'AFFIFrT~24112AU_PC 36 or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 140. All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. 141. All signing and striping shall be installed per the approved signing'and striping plan. 142. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. 143. All traffic signal interconnection shall be installed per the approved plan. 144. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 145. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. 146. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'/32'). 147. Asphaitic emulsion {fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section No,. 37, 39, and 94 of the State Standard Specifications. 148. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. The following traffic signals shall be constructed as warranted as part of the reimbursement agreement at the following locations: As B. C. D. E, F. State Highway 79 at the Interstate 15 ramps. State Highway 79 at Pala Road. State Highway 79 at Margarita Road. State Highway 79 at Meadows Parkway. State Highway 79 at Butterfield Stage Road. Butteffield Stage Road at De Portola Road. S'~STA~4182AU,,laC 37 TO: FROM: RE: County of-Riverside HEALTH SERVICES AGENCY CITY OF TEMECULA DATE: ATTN: Debbie Ubnoske ,'~~vironmental Health Specialist IV TRACT MAP N0. 24182, FIRST EXTENSION OF TIME 10-06-9Z Department of Environmental Health has reviewed the First Extension of Time and has no ob3ections. SM:dr KENNETH L. E:DWARDS RIVERSIDE COUNTY ROOD CONTROL AND WATER CONSERVATION DISTRICT Ocl;ober 22, 1992 1995 MARKET STREET P.O. IOX 1033 RIVLI'RIID[. CA 92502-1033 C/I4|'BTS-1200 C/14) 111-8965 FAX City of Temecula Pl'anning DeDartment 43174 Business Park Drive Temecula, CA 92590 Attention: Saied Naaseh Ladies and Gentlemen: Re: RECEIVED Tracts 24182, 24184, 24185, 24186, 24187 and 24188 1st Extensions of Time The District has no objection to the proposed extensions of time for the aDove referenced Drojects. SEM:slj sml 1022a. sub Very truly yours, DUSTY WZLLZAMS Senior Civil Engineer O~ober 1~, !992 I The!Riveraiae ~oun=y ~lte DepatEue~t has no --re for ~he First ~r~enslon Specific ~hn No. 21g~ ~&loua De1 Sol, ~amll~lleuE NO. 3 end Development AZreemnc Amy :~meut, 'or questions can be dlTscc,~ to the iiv,re~, County FiFe Plln-~ a~ Zm~2aeeL'~ Office. BaXmond R, Bali, Chief Fire Deparmenz Plmmer (tm 3~441e · ~AX (em ~ PI ,NNINO rifTSION 4tQiZ CmmeVCmmrlbi%klmZlI, TmCa llllC (Vi4) llq.lme · FAX 0'i4) eelme SWATE Of CAU~R~ HZ ItJS'.' S. 'fitANS~lt~AllO~ AND ~ A~ DEPARTME~ OF TRANSPORTATION ~1~ I, P.o. ~ ~1 ~u~ 23, Zgg2 Planning Department City hll City of Temecula 43174 Business Park Drive Temecula, CA 92590 Development Review 08-Riv-79-16.0/17.38 Your Reference:. TTM 24182 DEVELOPMENT ItEVZEW Thank you for the oppor~unit7 ~o review the proposed Tentative Tract Map No. 24182 located adjacen~ to the north side of Highway 79 between Butterfield Stage Road end Margarita Road in Temecula. Please refer to the attached material on which our comments have been indicated by the items checked end/or by those items noted under additional comments. If any work is necessary within the State highway right of way, ~he developer must obtain an encroachment permit from the Caltrans District 8 Permit Office prior to beginning work. If additional information is desired, please call'Mr. Steven Wisniewski of our Development Review Section at (714) 383-4384. Attachment AHMADSALAH Development Review Engineer Riverside Count7 Da=e: January 23, 1992 R~v-79-16.0/~7.38 (Co-R=e-PM) TTM 24182 (Your Reference) ~DITION~T. CO~4~S: We need more informa=ion, design deUails, and the purpose of proposed easements shown a= end of cul-de-sacs on streets "D", "N", and "W". Access con=rol marks shall be shown along State right-of-way on this map. Our previous comments dated Januar~ 29, 1990 (attached) still apply and must be addressed. -- .,'r; ,. - STATE Of CAIJ/O~l lt~ IUSII41ESS, TIANSPOKI'ATION AND HOUSING AGE. NC'r DEPARTMENT OF TRANSPORTATION DIJTIICT I. P.O. IOi :231 SaN MINAI[140. CAU/ClNIA fi, aa~ 11)0 f7~4) 3:3-4109 January 29, 1990 GEORGE DE~IAN. ~ Development Review 08-Riv-74-17.38 Your Reference: VTTM 24182 Planning Department Attention Ron Goldman County of Riverside 4080 Lemon Street Riverside, CA 92501 Dear Mr. Goldman: Thank you for the opportunity to review ~he proposed Vesting Tentative Tract Map 24182. located north of State Highway 79 and wes~ of Butterfield S~age Road near Rancho California. Please refer to the attached material on which our comments have been indicated by the items checked and/or used by those items no~ed under additional comments. If any work is necessary within the state highway right of way, the developer must obtain an encroachment permit from the Caltrans District 8 Permit Office prior to beginning work. If additional information is desired, please call Mr. Thomas J. Neville at (714) 383-4384. Very truly yours, H. N. LEWANDOWSKI District Permits Engineer Art. VTTtvl 2..Z/-182. Jr- 29- 90 Your Reference ) Da=e ~A~{ SHAH '~ ,'v - 7~ - 17. P;an checker (Cc Roe PH) ~E ~O~LD LIKE TO NOTE: Zt appem's that tJm tamed= end drmins~ S-u-,atzd by ttds propcruZ cmzld have a ~ e~'~ m ofti~-l ly desiSmtai ms a m scmtc h~. Zt ~ rw-~,md m there is ~,-~&m-able publ~ cmcarn about a le~ 'adjacent co heavily m~se acta~an~,~ -----as. Devel~ of p, oF--~y a~m~d isr_lude any r----- ,y nc~ acr~ REOUF_ST THAT THE ITEM~ CHECI~ BELOk' BE INCLUDED IN THE CONDZTION$ OF APPROVAL FOR PROJECT: .';ormaZ right of way dedication to provide 71 half-width on the state highway. Norna~- street improvements to provide 5~t half-width on the sca:e highway. Curb and Butter, State Standard A2-8 along the state highway.. Park'.ng shall be prohibited alon& the state highway by painting the curb red and/or by the proper placement o~ "no parking" signs. ~5 radius curb returns be provided at intersections with the state hi~hvay. .~ standard wheelchair ramp must be prowidea in the returns. A positive vehicular barrier along the property frontage shall be provided to limit physical access to the state highray. Vehicular access shall not be deve;oped directly to the state highway. Vehicular access to the state highway shall be provided by existin~ public road connections. Vehicular access to the state highway shall be provided by =riveways. · . standard '~-h.~.rd-,- r.r. ess ~ mt m ~ ,.,2.t.".u'x ~ ~ ur.r. secr. xen at v' verona- aczzs to the szate highly stej.!. be prov~c~ by a r-axi-t.~e ccraB=r, xcn. V' 1Zeh=u.l~ meemm r-a~r..~ ~ be .:mmve6 at least ~r~r,h~ rju s-ate ,~-T_-ay ~gfit of ~ay. ~y r----~o'y no~ attenuatin~ sha2l be ~ u ~ ~ t-~ d~v-~ly-~t of th~ ~,~e-, ~y- V P!--_se refer no a~ra~a -.u-~=~ma/ccrr~n:~. REQUEST: A co[.; of my crr~iUms of ap!=ova~ or ~ apprm~. REQUEST Tile OPPO~TUXITY TO R~VI~%I DURIi.~G THE APPROVAL PROCESS: A ~; of ~ ~f~ or ~~~ ~. A ~ ~ of ~ ~ f~ ~y ~ '~ ~ ~2 ~y ~ d ~y. 2~ze:January 2~, !990 RIV - 79 - i7.38 (Co-R=e-PM) VTTM 24182 fYour Reference) ADDITIONAL COMMENTS: 1) 3) 4) 5) 6) TXls proposal is related to others seen by this office in the recen~ pas= (VTTMs 24132, 24133, 24137, 24183, 25147 and 251480. Z~e to the size of the above mentioned reia=ed tracts and the r~nstruction explosion in this area, the developer should conzribute towards improving the State hl;hway system in the vlclnlty cf this development to maintain and/or improve the levels zf servlce on Staue highways. recommend that the developer participate ~.: zhe Rancho Villages Assessment Dlstrlct No. 159 and ~he rela~ed Env~ro.-unen=ai.. Impact ~.eporz (EIR) No. 241 =o mitigate the impacus being generated b~ :nese proposals. would llke to see the following :- Hydroiogy/Hydraullcs Report for =he entlre deveiopmen~ bounded by Bu=terfieid Stage Road, Margarita Road and State Rt. 79. Detailed plans for the s~orm d~a~n. c.. Grading and Drainage plans. Cross sectlons every 50 ft are recfulred for any work within State. rlght of way. Also, cross secZlons shall beg!n and end 100 ft BEYOND the proposed proper~y !imlzs and eha!i extend minimum 10 ft OUTSIDE of right of way. Please refer ~o page nos. 6 and 7 of the a:=ached "HANDOUT" for detailing of zhe cross sections. Please note :~a~ =he requlremenzs noted ~n =he "HANDOUT" are MANDATORY. A Pro3ec= Study Repor= (PSR) must be prepared and an Agreement MUST :e s~gned before we can ~ssue an encroacnmenz perT. i~ for any work w~nln ~he State r~g~ of way. Ralph H. Uoih Cmshn F. Ko Jilmem A. Dorby Je~rf~ 1. Mlfakler ,'qtepkes M..qill8 Ihchszd |). January 21, 1992 Mr. Saied Naaseh City of Tcmccula Ptnnnhts Department 43180 Business Park Drive Tcmccula, CA 92~90 Water Availability Vesting Tract Map 24182 Dear Mr. Nasseh: Please be advised that the am-referenced propc, ty is located within the boundaries of Rancho California Water District (RCWD). Water service, thcrcfore, would bc available upon complcdon of financial arrangements betwen RCWD and the yropu ty owner. Please be aware of RCWD's facffities within this tract as depicted on the attached map. Water avaihbility would be contingent upon the property owner signing an AgenCy Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact Ms. SenBa Doheny. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P. E. Manager of Development Engineering cc: Scnga Dohcrty, Engineering Technician Attachment RTARIVERSIDE TRANSIT AGENCY 1825 THIRD STRET · FINB:BIDE. CA 92507-3484 · BUS. ['714} 584.CE50 FAX [714} January 21, 1992 RE:' TT 24182- Planning Areas 2.3.4 The Ms.fg:l:w; It Rlncho C-qli:.,da We do not cuffenlly provide errice to the die ,,g,ir.,necl above but based on the size of the Project andourown plansforlutum gmwet, we mrequeM,~/thma lmstumoutora padtora bus stop be inco, Horklcd into the genmal design. Ideal sites forthe INs turnouts would be a. Southside comer of I;)e Po~olm ~ farside pr~r_nsd Street *A' (adjacent to Lot # 185) b. Southside corner of De Portois Road nearside p'v,.ese d Street 'S' (adjacent to Lot# 309) ff possible, we would also like to request that pedestrian walkemys and wheelchair curbs be provided near the Wrnout Iomtions ~;tfiecl above. I can indtcme the exact location for the' tumouts as the project progresses. Thank you for the opportunity to review and comment on this project. Your efforts to keep us updated on the ms Of this request will be very much ;4~,~l-Gcited. Please let us know wllen this project will be completed. Should you require additional information or slxcificalions, please don't hesi~te to curttact me. Sincerely, Transit Planner BBrlsc PDEV #144 TEMECULA VALLEY Unified Schenl District SUPERINTENDENT htrtcJI B, Novelely, EcLD, BOAR~ 0= EDL;C, AT]O:, Dr, Dav,o Rose Vanoernaa- Joan F. SOafKmar Walt SwICKla Barl}ara 'fOOKe' May 7, 1992 The City of Temecula 43174 Business Park Drive Temecula, Ca. 92590 Attention: Mr. Salad Naaseh, Planner Re: Vesting Tentative Tract Maps 24186 & 24188 Dear Mr. Naaseh, Thank you for your inquiry concerning the Landscape Development Zorms (LDZ) for the above referenced tract maps. As you are aware, the current configuration of these LDZ's severely reduces the acreage available for the school sites due to their required width. Therefore, we would like to take this opportunity to request that the LDZ regulations regarding the width of the landscaping are not enforced for the perimeters of the two (2) school sites. It is our desire that we work directly with the developer to establish a compatible landscaping arrangement which this developer can then install at the appropriate Time. Thank you for your Time and cooperation concerning this matter. Very truly yours, Temecula'Valley Unified School District Lettie Boggs Coordinator, Facilities Planning LB:bk cc: Bedford Properties 31350 Rancho Vista Road / Temecula. CA 92592 / (714) 676-2661 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 24184, Amendmere No. 3, First Extension of Time Project Description: To subdivide 54.0 acres into 198 single Family Residential and 12 Open Space Lots Assessor's Parcel No.: Approval Date: Expiration Date: 926-130-027 926-130-031 PLANNING DEPARTMENT The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. Any delinquent property taxes shall be paid prior to recordation of the final map. Subdivision phasing 'shall be subject to Planning Department Approval. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the 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 notes shall be placed on the ECS: Be "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology. Palomar Observatory Outdoor Lighting Policy." "EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department.' 5. Prior to issuance of GRADING PERMITS the following Conditions shall be satisfied: If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: 38 (1) Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase. The developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. 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, me applicant shall pay the -fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. 6. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's-in-interest provides evidence of compliance with public facility financing measures, A cash sum of one-hundred dollars ($100} per lot/unit shall be deposited with the City as mitigation for public library development. With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22. 1992 and subsequent study dated October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and exterior noise levels to 65 Ldn. Ce 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, , The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 24184, Amendment No. 3, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible To defend, indemnify, or hold harmless the 'City of Temecula. Covenants, Conditions and Restrictions/Reciprocal Access Easements: 10. 11. 12. 13. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. 14. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in fie development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and 'the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars ($875.00) which includes the Eight Hundred. Fifty Dollar ($850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) plus the Twenty-Five Dollar ($25.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets B, D and E. An Equestrian trail shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for north side of DePortola. $%STAFFIFT~4112AU..I~ 40 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Bicycle trails shall be constructed per Figure 6 of Specific Plan No. 219, Amendment No. 3 along DePortola Road, Class i and Street A and Street C, Class II. A Major Project Entry Statement shall be constructed per Figure 35 of Specific Plan No. 219, Amendment No. 3 for Lot 203. A Community Intersection Entry Statement shall be constructed per Figure 34 of Specific Plan No. 219, Amendment No. 3 for lot 206. Minor Project Entry Statements shall be constructed per Figures 35 and 36 of Specific Plan No. 219, Amendment No. 3 for lot 208. A Project Intersection Entry Statement shall be constructed per Figure 38 of Specific Plan No. 219, Amendment No. 3 for lot 201. A Secondary Paseo shall be constructed per the cross section on the map for lot 210. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street A. Roadway landscape treatment shall be constructed per Figure 23B of Specific Ran No. 219, Amendment No. 3 for Meadows Parkway. Roadway landscape treatment shall be constructed per Figure 24 'of Specific Plan No. 219, Amendment No. 3 for DePortola Road. Roadway landscape treatment shall be constructed per Figure 26 of Specific Plan No. 219, Amendment No. 3 for Street C. The LDZs along the Project Street Scenes Streets A and C shall use the plant pelet~e per Section IV.C.I.c.1. of Specific Plan No. 219, Amendment No. 3. The landscaping for lots 203 and 206 shall use the Accent Trees on the plant palette in Section IV.C.1 .d.1. and 2. of Specific Plan No. 219, Amendment No. 3. Greenbelt Paseo Trees as identified in Section IV.C. 1 .d.4.a: and b. of Specific Plan No. 219, Amendment No. 3 shall be used for lot 210. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per Figure 40 of Specific Plan No. 219, Amendment No. 3; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Meadows Parkway, DePortola Road and Street C. Project Masonry Walls and Project View Walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets A, B, D and E. An Equestrian Rail Fence shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3 along the north side of DePortola Road. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. The Medium Density Residential landscape requirements shall be consistent with Section IV.C.3.d.1. through 7. of Specific Plan No. 219, Amendment No. 3. The accent trees identified in Section IV.C.I.d.3. of Specific Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets A, B, D and F_ The Landscape Development Zone (LDZ) along Major Community Street Scenes including Meadows Pa'rkway and DePortola Road shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette par Section IV.C. 1 .b.2.a., b. and c. of Specific Plan No. 219, Amendment No. 3. The plant material palette identified in Section IV.C. 1 .e. of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. The seed mix for Turf Grass identified in Section IV.C. 1 .e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead of the seed mix. Planting. shall commence as soon as slopes are completed on any portion of the site and shall provide for rapid short-term coverage of the slope as Well as long-term establishment cover per standards set forth in Ordinance 457.75. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping. This condition applies only if construction of the site does not commence within ninety (90) days of grading operations. A one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. Cut slopes equal to or greater than five {5) feet in vertical height and fill slopes equal to or greater than three {3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more than ten (10) feet on center or trees spaced not to exceed twenty {20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. Irrigation for the project site shall be consistent with Section IV.C. 1 .j. of Specific Plan No. 219, Amendment No. 3. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion.. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. S~STAFF:NFT~4 112AL,L. IK:: 42 42. The residential lot street tree requirements and front yard requirements shall be consistent with Section IV,C,3,a.1 ,,2., and 3. of Specific Plan No. 219, Amendmere No. 3. 43. All lighting within the project shall be consistent with Section IV.C.5 of SIDeCifiC Plan No. 219, Amendment No. 3. 44. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No, 219, Amendment No, 3 {Section IV), -' 45. All future development within this project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. 46. The amenities and standards identified in Section III,A,7,a, and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway paseos shall be used for developing these areas or as modified by the Planning Application 92-0013 {Development Agreement). 47. Maintenance and timing for completion of all open space areas shell be as identified in Planning Application No. 92-0013 (Development Agreement), 48. A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. 49. A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval, The following needs to be included in these plans: A. Typical front yard landscaping for interior, corner and cul-de-sac lots. B. Typical slope landscaping. C. Private and public park improvements and landscaping. All open space area landscaping including, private and public common areas, private recreational areas, paseos. equestrian trails, monuments and the Landscape Development Zones. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. The timing for installation of all landscaping walls and Trails shall be identified prior to approval of these plans. The Plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. S~ST,FFnP~,~n,~L.~ 43 The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping.. This. equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition, The responsibility for installation of all landscaping and walls shall be identified. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a part of and shall be consistent with the provisions of the Specific Plan. lime Fifty (50) percent of all trees planted within the project shall be a minimum of twerrty four {24) inch box, The landscape plans proposed for each phase shall incorporate the fifty {50) percent mix of twenty four {24} inch box trees into the design. A note shall be placed on the conceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans, 50. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No, 219, Amendment No, 3 and Planning Application No.' 92-0013 {Development Agreement),, 51. If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. 52. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992. OTHER AGENCIES 53. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmit~al dated October 6, 1992, a copy of which is attached. 54. The applicant shall comply with the flood control recommendations outlined in the Riverside County Rood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for fie construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. I%STAIE:FPFT~4 112ALL,.PC: 55. 56. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. The applicant shall. comply with the recommendations outlined in the Department of Transportation transmittel dated January 23, 1992, a copy of which is attached. 57. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittel date January 21, 1992, a .copy of which is attached. 58. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated January 21, 1992, a copy of which is attached. 59. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittel dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 60. All proposed construction shell comply with the California Institute of Technology, PaiDmar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department' (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with am ~et forth below, or as modified by eparate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. Prior to Recordation of Final MaD(s) 61. Proposed community park sites of tess than three (3) acres are to be maintained by an established Home Owners Association {HOA). 62. Community park sites of (3) acres or greater shall be offered for dedication to the City of Temecula, Community Services Department FFCSD) for maintenance purposes following compliance to existing City standards and completion of an application process. 63. All proposed slopes, open space, and park land intended for dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to .identify said lot numbers as a proposed TCSD maintenance area. 64. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association {HOA). 65. Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater shall be offered for dedication to the TCSD for maintenance purposes'and possible further recreational development, following compliance to existing City standards and completion of an application process. 66. Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. 67. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior. to the recordation of final map. 68. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. 69, All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map will preclude their inclusion into the TCSD. '70. If the City Engineer determines that the project's street improvement bond is insufficient to cover the parkway landscaping and irrigation improvements, the developer shall, prior to recordation of final map, post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteeing the viability of all landscaping installed prior to the acceptance of maintenance responsibility by the TCSD. Prior to Issuance of Certificate of Occupancy(s) 71. It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 72. Prior to issuance of any certificates of occupancy, the developer or'his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. General 73, All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES SPECIRCATIONS. AND $%STAFFRFT~4112ALI, IK: 46 74. The developer, the developer's successors or assignee, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD, PUBLIC WORKS DEPARTMENT Department of Public Works Conditions of Approval for: Vesting Tentative Tract 24184 - Paloma Del Sol The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency, All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative map or site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. GENERAL REnUIR;MENTS 75. A Grading Permit for either rough or precise (including all oneits flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 76. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 77. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for approval prior to recordation of the final map or the issuance of any permits. 78. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 79. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. PRIOR TO ISSUANCE OF GRADING PERMITS: 80. The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works, 81. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot, $~TAFFRFT~411261,L. PC 47 82. 83. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System {NPDES) permit from the State Water Resources Control Board, No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: 84. 85. 86, 87. · · · · · · · San Diego Regional Water Quality; Riverside County Rood Control District; Planning Department; Department of Public Works; General Telephone; Southern California Edison Company; and Southern California Gas Company. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections, An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works, 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 been already credited to this property, no new charge needs to be paid. 88. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the DepartTnent of Public Works. 89. A drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: a. Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. Identify and mitigate impacts of grading to any oneire or offsite drainage courses. Co The location of existing and post development floodway shall be shown on the improvement plan, S~Sl'A~4182AU, pC 48 100-year floodplain and 90. 91. 92. 93. 94. PRIOR 95. 96. 97. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 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, A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation, The location of the recorded easement shall be delineated on the grading plan, An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. A permit from Riverside County Flood Control District is required for work within their right-of-way, .. TO THE ISSUANCE OF ENCROACHMENT PERMITS: All necessary grading permit requirements shall have been submitted/accomplished to the satisfaction of the Department of Public Works, Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans {and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: Flowline grades shall~De 0.5% minimum over P.C.C. and 1.00% minimum over A,C. paving. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk). Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. S~TAFFIFT'~4112AU_PC 49 Concrete sidewalks shall be Constructed along public street frontages' in accordance with City standard 400 and 401. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. Minimum centerline radii shall be in accordance with City standard 113. or as otherwise approved by the Department of Public Works. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. 98. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. The minimum centerline grade for meets shall be 0.50 percent or as otherwise approved by the Department of Public Works. 99. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 208. 100. 101. 102. 103. PRIOR All driveways shall be located a minimum of two (2) feet from the side property line. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. TO RECORDATION OF FINAL MAP: 104. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. s~l' AFFfiPT~4 112AL~PC: Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, traffic signals and other traffic control devices as appropriate. 50 Storm drain facilities 105. 106. 107. 108. .109. 110. C. Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems. F. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Rood Control District; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; CalTrans; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southern California Gas Company If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be 'provided from the tract map boundary to a paved City maintained road. Pedestrian access with sidewalks shall be provided from the cui-de-sac terminus of Streets 'K' and 'J" through the paseo to Street 'H" , and from the cul-de-sac terminus of Street "G' to the adjacent public street. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. Streets "B", "D" and "E" shall be improved with 50 feet of asphalt concrete pavement with a raised 1 O-foot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A {70'/50'). All remaining interior local streets shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'140'). S~TAFFtIPT~4112ALL..Ip(:: 51 111. 112. 113. 114. 115. 116. 117. 118. 119. Street "A" shall be improved with 44 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 103, Section A (66'/44'). De Portola Road and Meadows Parkway shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). Street "C" shall be improved with 42 feet of half street improvement with a raised median, plus one 12-foot lane outside the median turn lane, or bonds for the street improvements may be posted, within a 108' dedicated right-of-way in accordance with Specific Plan Figure 5A 'Gateway Road and modified City Standard No. 100, (108'/84'). In the event that the required access improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required access improvements per applicable City Standards. All Assessment District No. 159 improvements necessary for access to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development as deemed appropriate by the Department of Public Works. Cul-de-sacs 'and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. Left turn lanes shall be provided at all intersections on Street 'A" and De Portola Road. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the final map for recordation. enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5, Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision, Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. Vehicular access shall be restricted on Street 'A', Street 'C', De Portola Road and Meadows Parkway and so noted on the final map 'with the exception of street intersections as shown on the approved Tentative Map and as approved by the Department of Public Works. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for De Portola Road, Street "A', Street 'C' and Meadows Parkway and shall be included in the street improvement plans. 120. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of De Portola Road at Street "C" and shall be included in the street improvement plans with the second plan check submittal. 121. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 122. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. 123. Corner property line cut off shall be required per Riverside County Standard No. 805. 124. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 125. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, utilities, etc., shell be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works.' On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." 126. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 127. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps Telated to the subject property. 128. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works 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. 129. Prior to recording the final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CA'IV Standards at time of street improvements. PRIOR TO BUILDING PERMIT: 130. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. S%STAI::RIPT~4112AU,ipC 53 131. Grading of The subject property shall be in accordance with the Uniform Building Code, The approved grading plan, the conditions of the grading permit, City Grading STandards and accepted grading construction practices. The final grading plan allall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County GeoLogist, dated May 30, 1989. 132. Developer shall pay any capital fee for road improvements and public facilities imposed upon The property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not To exceed ~10,000. 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). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any Traffic impact fee district, or The process, levy, or collection of any Traffic mitigation or traffic impact fee for this project; orovided that developer is not waiving its right to protest the reasonableness of any Traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 133. All improvements shall be completed and in place per the approved plans, including but not limited To, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. 134. All signing and striping shall be installed per the approved signing and Striping plan. 135. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. 136. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by The Department of Public Works. 137. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. 138. A 32' wide paved secondary access road for phased development shell be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'132'). 139. Aaphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings, Aspheit emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. S~TAm~'T~,teZ~LL,C 54 r,-.\ 140. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilktms not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. TO: FROM: RE: County of Riverside HEALTH SERVICES AGENCY CITY OF TENECULA ATI'N: Debbie Ubnoske INEZ ,.jEnvi ronment.l DATE: Health Specialist IV TRACT HAP N0. 24184. FIRST EXTENSION OF TIHE 10-06-92 Department of Environmental Health has reviewed the First Extension of Time and has no objections. SM:dr KENNETH [,. RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT October 22, 1992 I OemJ MARI~'F rrRIcrr P.O, IOX IO33 r/t4) ~ FAX City of Temecula Planning DeDartmen~ 43174 Business Park Drive Temecu]a, CA 92590 A'r..'r, ention: Saied Naaseh Ladies and Gentlemen: Re: RECEIVED rRE C ~1 ~.,,.EZD' Tracts 24182, 24184, 24185, 24186, 24187 and 24188 1st Extensions of Time The District has no objection to the proposed extensions of time for the above referenced projects. SEM:slj sm11022a.sub Very tru 1 y yours, DUSTY WZLLIAHS Senior Civil Engineer RIVERSIDE COUNTY ('?l~) 657-311:3 AmF :ommeu~s' oz quasCions can be diracca~ ~o ~he liversfie Count7 lPi:a Depa:caenc, ?l'~nw~i a~ Zn~:Lneer:!.~ O~ice. ~llt~lXDf:Me!13 {ill) i · ~ (ilk ,eTl. Ji~Z ~LsI,'VIIIDICltflCI ~ I,~klem, lUwtddo, CA mlol C~ie) ~73d777 · !tAI ~14} Me,NIl STAff OF CAI, dFC'~I IP IL~I." .. ~, TIANSFCXITATION AND I, IOUSIklG AGINC'Y DEPART/v~NT OF TRANSPORTATION DIS~IIICT l. P,O, SAN eel! I%IT' II I~', 23, 1992 Plannin9 Department City of Temecula City Ball 43174 Bu/~us Park Dt~ve temecu.l.a, CA 92590 WILSON. DeveZopment Rmriev 08-1~v-79-16,0/17.38 24184 tbru 24188 Thank you for the opportunit-yto review the proposed Tentative Trac~ Maps 24184 through 24188 located north of Highway 79 between Butterfield Stage Road and MarVartta Road in Temecula. Please refer to the attached material on vhich our commenta have been indicated b y the items checked and/or by those items noted under additional comments. If any work is necessary within the State highway right of way, the developer must obtain an encroachment permit from the Caltrens Distrio= 8 Permit Office prior to beginning work. Please be advised that ~his is a conceptual review on,ly. Final approval of street improvements, grading and drainage will be determined during the Encroachment Permit process. If additional information is desired, please call 1~. Stevan Wisniewski of our Development Review Sec~cion at (714) 383-4384. Very truly~.o~~ Development Review Engineer Riverside Count7 Atta~xment DR=e: January 23, 1992 R~v-79-16.0/17.38 (Co-R=e-PH) TTH's ~4~84 - (Xour Reference) · nDTTION~T. COPw~NTS: We recommend =ha= =he developer parcicipa=e in =he Rancho Villages Assessmen= Dis=rio= No. 159 =o mi=iga=e r. he ~raffic and/or draXnage impac=s genera=ed by =hese proposals. Improvemenns =o Highway 79 should be coor~ina=ed before or with developmen= of These 'rarac=s. We would like to see a Hydrolog~/Hydraulics Report for =he an=ire developmen= bounded by Bu==erfield 2=age Road, FargarA=a Road and S=a=e Rouue 79, including Grading and Drainage plans. Ranch0 Nelltim H. D~d~. Cmmm F. N~ Jmmmem A. January 21, 1992 Mr. $ak.d N"**"h City of Y:-rm/ng Dq}az'tmcnt 43180 Business Park Dx~ve Water Availab~ity Vesting Tract Map 24184 Dear Mr. Nasseh: Please be advised that the above-idcteuced propca ty is located within the boundaries of Rancho C. altxuia Water District (RCWD). Water service, :therefore, would be available upon completion of ~nan~ arrangements between RCWD and the propc, ry owner. Water avnilabffity would be contingent upon the Fiopcz ty owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contaa his. Senga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon. P. E. Manager of Development Engineering I:mj~I~G cc: 5enga Doherty, Engineering Technidan R'7"A RIVERSIDE TRANSIT AGENCY 1825 THIRD STF~T, ~ CA 92507-3484 · BUS. 1714) 681 0~50 FAX F714) 684-1007 JanuaW21,1992 Saied Nnseh CI~ of Teme~ul~ P snni Depetme 43174 bahten P~ RE: 'iF 24184 - Plaml-~ Area 9 The MI"If, L& It RiIGhO CIIIoffdl We do not ~urren~/Ix'wiN sewk:e toe lie memimsd alxwe Ixit based on the size of the Pmject anclma'ownlBlansforluNmpowllt, we mf,i:lueif~ngltutalmstumoutorapadtoralmJs Ideal stes tor the Ial ttmtouts would be lithe lolav.N Iocllons: a. NortmidecomerofOePoftaRoadfaraider,,_;aesdSireet,T.(adjaomtoLot#,lb-) b. Fastside comer of eu~dr~ Pam;.ay neerlde r,,~nse~ 8truer "A* (~,r/:t.i to Lot e9) provided near the turnout ins 'e; s.c/l~acl above. I can indicate the exact location for the turnouts as the laeqect Thank you for the olXxmunity to review and cornmere on litis project. Your eftotis to keep us ul:x~lmm:lonlhestmusofthisrequestwilll~ev. Wm, mmalqxi:,qlz~ Iqease tet us know when this Should you require adcltionaf irdemeion or wl:eclftcations, please don't hwM~lw lo contact me. Sincerely, BBrlsc PDEV #142 TEMECULA VALLEY Unified Schul gistrict SUPERINTENDENT htnc~ ~ NeNemey, EcI.D. Dr~ Da:vlcl E, lJr::~ Rolle VlnOer~aa~ Wll! $wIC~ Bintara Tomset May 7, 1992 The City of Temecula 43174 Business Park Drive Temecula, Ca. 92590 Attention: Mr. Saied Naaseh, Planner Re: Vesting Tentative Tract Maps 24186 & 24188 Dear Mr. Naaseh, Thank you for your inquiry concerning the Landscape Development Zones (LDZ) for the above referenced tract maps. As you are aware, the current configuration of these LDZ's severely reduces the acreage available for the school sites due to their required width. Therefore, we would like to take this opportunity to request that the LDZ regulations regarding the width of the landscaping are not enforced for the perimeters of the two {2) school sites. Iz is our desire that we work directly with the developer to establish a compatible landscaping arrangement which this developer can then install a~ the appropriate time, Thank you for your time and cooperation concerning this matter. Very truly yours, Temecula Valley Unified School District Lettie Boggs Coordinator, Facilities Planning LB:bk cc: Bedford Properties 31350 FtmtCho Vista Fto~ / Temecu~. CA 92592 / (714) 676-2661 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 24185, Amendment No. 3, First Extension of Time Project Description: To Subdivide 95.0 acres into 351 Single Family Residential and 18 Open Space Lots Assessor's Parcel No.: Approval Date: Expiration Date: 926-130-032 926-130-033 926-130-034 926-130-035 PLANNING DEPARTMENT The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, 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 'dew prior to the expiration date. 2. Any delinquent property taxes shall be paid prior to recordation of the final map. 3. Subdivision Phasing shall be subject to Planning Department Approval. Prior to recordation of the final map, an Environmental Constraints Sheet {ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shell 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 notes shall be placed on the ECS: Ae 'This property is located within thirty (30) miles of Mount Palomsr Observatory. All proposed outdoor lighting systems shall comply with the California institute of Technology, Palomar Observatory Outdoor Lighting Policy." Be "EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." --T'J~'T~.~AUJ'C 56 Prior to issuance of GRADINR PFRMITS the following Conditions shall be satisfied: If the project is to be phased, prior To the approval of grading permits, an overall conceptual grading plan shall be submitted To the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: (1) Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading and' identification of areas which may be graded during the higher probability rain months of January through March. {3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase. The developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. The applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of BUll DING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the pFoject 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 (8100) per lot/unit shall be deposited with the City as mitigation for public library development. With the submst~al of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and subsequent study dated October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and the Exterior noise levels to 65 Ldn, 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. 57 The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temacula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 24185, Amendment No. 3 which action is brought within the time Period .provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the C.,ity of Ternecula 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. Covenants, Conditions and Restrictions/Reciprocal Access Easements: 10. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recorderion of the tract maps. The CC&R's shall include liability insurance and methods of rnaimaining the oPen space, recreation areas, parking areas, private roads, and exterior of all buildings. No lot-or dwelling unit jn the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the exPenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisiof~-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 apOly to land dedicated to the City for public purposes. Maintenance for all landscaped and open areas, including parkways, shell be provided for in the CC&R's. 11. Every owner of a dwelling unit or io! shall own as an appurtenance to such. dwelling unit or lot, either ( 1 ) an undivided tn~erest in the common areas and facilities, or {2) as share in the corporat,on. or voting membersh;p ;n an association, owning the common areas and facilities. 12. Within forty-eight {48) hours of the approval of this project, the aPPlicant/developer shall deliver to the Plannag Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars {~875.00) which includes the Eight Hundred, Fifty Dollar {~850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4{d){3) plus the Twenty-Five Dollar {$25.00) County administrative fee, to enable the Cit~/to file the Notice of Determination required under Pubhc Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required 58 above, the approval for the project granted herein shell be void by reason of failure of condition, Fish and Game Code Section 711.4(c). 13. Neighborhood Entry Statement shell be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets E, D, F and G. 14. An Equestrian trail shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for. north side of DePortola. 15. Bicycle trails shall be constructed per Figure 6 of Specific Plan No. 219, Amendment No. 3 along DePortola, Class I and Street A, B and C, Class II. 16. A Major Project Entry Statement shall be constructed per Figure 35 of Specific Plan No. 219, Amendment No. 3 for Lot 361. 17. Minor Project Entry Statements shall be constructed 'per Figures 35 and 36 of Specific Plan No. 219, Amendment No. 3 for 10ts 354 end 356. 18. A Project Intersection Entry Statement shall be constructed per Figure 38 of Specific Plan No. 219, Amendment No. 3 for lots 352 and 363, 19. 20. A Slope' Transition Area shell be constructed per Figure 13B of Specific Plan No. 219, .Amendment No. 3 for the northerly property line of lot 461. Secondary Paseos shell be constructed per the cross section on the map for lots 365 and 366. 21. 22. Roadway landscape treatment shall be constructed per Figure 23A of Specific Plan No. 219, Amendment No-. 3 for Butterfield Stage Road. Roadway landscape treatment shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for DePortola Road. 23. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street A. 24. Roadway landscape treatment shall be constructed per Figure 27 of SPecific Plan No. 219, Amendment No. 3 for Street B. 25. Roadway landscape treatment shall be constructed per Figure 26 of Specific Plan No, 219, Amendment No. 3 for Street C. 26. The Landscape Development Zone {LDZ) along Major Community Street Scenes including Butterfield Stage Road and DePortola Road shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on The plant palette per Section IV.C. 1 ,b,2,a,, b. and c, of Specific Plan No. 219, Amendment No. 3, 27. The LDZs along the Project Street Scenes Streets A, B and C shall use the plant palette per Section IV.C. 1 .c. 1. of Specific Plan No. 219, Amendment No. 3. 28. The landscaping for lot 361 shall use the accent trees on me plant palette in Section IV.C.I.d.1. and 2. of the Specific Plan No. 219, Amendment No. 3. 29. Greenbelt Paseo Trees as identified in Section IV.C. 1 .d.4.a. and b. of Specific Plan No. 219, Amendment No. 3 shall be used for lots 365 and 366. 30. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per Figure 40 of Specific Plan No. 219, Amendment No. 3; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Butterfield Stage Rood, Street C and DePortola Road. 31. Project Masonry Wails and Project View Walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets A, B, D, E, F and G (between DePortola Rood and Street S). 32. An Equestrian Rail Fence shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3 along the north side of DePortola Rood. 33. The Medium Density Residential landscape requirements shall be consistent with Section IV.C.3.d.1. through 7. of Specific Plan No. 219, Amendment No. 3. 34. The accent trees identified in Section IV.C.I.d.3. of Specific Plan No.' 219, Amendment No. 3 shall be used for the landscaping*for Streets A, D, E, F and G. 35. The plant material palette identified in Section IV.C.1 .e. of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. 36. The seed mix for Turf Grass identified in Section IV.C.1 .e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead of the seed mix. 37. Planting shall commence as soon as slopes are completed on any portion of the site and shall provide for rapid short-term coverage of the slope as well as long-term establishment cover per standards set forth in Ordinance 457.75. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping. This condition applies only if construction of the site does not commence within ninety (90) days of grading operations. 38. A one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shell be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. 39. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more then ten (10) feet on center or trees spaced not to exceed twenty {20) feet on center or a combination of S~TAFFIFT~4112&LL.PC 60 shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. 40. Irrigation for The project site shall be consistent with Section IV.C. 1 ,j. of Specific Plan No. 219, Amendment No. 3, 41. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. 42, Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings, Project Theme Walls shall be used along the side yards facing the street for corner lots. 43, The 'residential lot street tree requirements and front yard requirements shall be consistent with Section IV.C.3.a.1 .,2., and 3. of Specific Plan No. 219, Amendment No. 3. All lighting within the project shall be consistent with Section IV.C.5 of Specific Plan No. 219, Amendment No. 3. 45. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidefines of Specific Plan No. 219, Amendment No. 3 (Section IV). 46. All future development within this project shall-comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. 47. The amenities and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway peseos shall be used for developing these areas or as modified by the Planning Application No. 92- 0013 (Development Agreement). 48. Maintenance and timing for completion of all open space areas shall be as identified in Planning Application No. 92-0013 (Development Agreement). 49. A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. 50. A conceptual landscape plan shall be submitted to the Planning DePartment prior to recordation of the Final Map for review and approval. The following needs to be included in these plans: A. Typical front yard landscaping for interior, corner and cul-de-sac lots. B. Typical slope landscaping. C. Private and public park improvements and landscaping. ~Tm4 ~ ,z,u. ,c 61 51. 52. 53. All open space area landscaping including, private and public common areas, private recreational area, peseos, equestrian trails, monuments and Landscape Development Zones. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. The timing for installation of all landscaping walls and trails shall be identified prior to approval of these plans. The plant heights at sensitive locations for traffic safety shell be subject to the approval of the Public Works DepartTnent. He The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. A note shell be added to all conceptual landscape plans that all utility service areas and enclosures shell be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. J. The responsibility for installation of all landscaping and walls shall be identified. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a pert of and shall be consistent with the provisions of the Specific Plan. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of twenty four (24) inch box trees into the design. A note shall be placed on the conceptual landscape plans that all trees shell be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement). If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992. OTHER AGENCIES 54, The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmiTtal dated October 6, 1992, a copy of which is attached. 55. The applicant-shall comply with the flood control recommendations outlined in the Riverside County Rood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecul8 Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 56, The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. 57. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittal dated January 23, 1992, a copy of which is attached. 58. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal date January 21, 1992, a copy of which is attached. 59. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated January 21, 1992, a copy of which is attached. 60. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittal dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 61. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with as set forth below, or as modified by separate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. Prior to Recordation of final MaDIs) 62, Proposed community park sites of less than three {3) acres are to be maintained by an established Home Owners Association (HOA). 63. Community park sites of {3) acres or greater shall be offered for dedication to the City of Ternecula; .Community Services Department (TCSD) for maintenance purposes following compliance to existing City standards and completion of an application process. 64. 65. 66. 67. 68. 69. 70. 71. All proposed slopes, open space, and park land intended for dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to identify said lot numbers as a proposed TCSD maintenance area. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). Proposed open space areas shall be maintained by an established Home Owners Association {HOA). Open space areas of three (3) acres or greater shall be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordation of final map. .- Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and atc. that are to be maintained by the TCSD) identified as TCSD maintenance ereas shall be reviewed and aiDproved by TCSD staff prior to recordation of final map. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map will preclude their inclusion into the TCSD. If the City Engineer determines that the project's street improvement bond is insufficient to cover the parkway landscaping and irrigation improvements, the developer shall, prior to recordation of final map, post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteeing the viability of all landscaping installed prior to the acceptance of maintenance responsibility by the TCSD. S~STAFFRPT~4112ALL PC 64 Prior to Issuance of CertificaTe of OccuDancvls) 72. It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 73. Prior to issuance of any certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessors Parcel Numbers assigned to the final project. General 74. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES SPECIFICATIONS. AND 75. The developer, the developer's successors or assignee, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. PUBLIC WORKS DEPARTMENT Department of Public Works Conditions of Approval for: Vesting Tentative Tract 24185 - Paloma Del Sol The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative map or site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. GENERAL REnUIREMENTS 76. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 77. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 78. 79. 80. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for approval prior to recordation of the final map or me issuance of any permits. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. PRIOR TO ISSUANCE OF GRADING PERMITS: ' 81. 62. The final grading plan shell be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. All lot-drainage shell be directed to the driveway by side yard drainage swales independent of any other lot. 83. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discherge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. 84. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: · · · · · · San Diego Regional Water Quality; Riverside County Flood Control District; Planning Department; Department of Public Works; General Telephone; Southern California Edison Company; and Southern California Gas Company. 85. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 86. 87. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. S~STAFRFq~4112AU, pC 66 88. 89. 90. 91. 92. 93. 94. 95. 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 Rood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid, The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. A drainage study shall be submitted to the Department of Public WOrks for review and approval. The drainage study shall include, but not be limited to, the following criteria: Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. Identify and mitigate impaots of grading to any onsite or offsite drainage courses. The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan, The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 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. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. A permit from Riverside County Flood Control District is required for work within their right-of-way. S~TARcRPT~4112AIJ'PC 67 PRIOR TO THE ISSUANCE OF ENCROACHMENT PERMITS: 96. All necessary grading permit re~luirements shall have been submitted/accomplished to the satisfaction of the Department of Public Works. 97. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works, Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works, 98. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: Flowline grades shall be 0.5% minimum over P.C.C. and 1,00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk). Street lights shell be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401, Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 99. The minimum centerline grade for streets shell be 0.50 percent or as otherwise approved by the Department of Public Works. 100. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 208. S%STAFFNs'T~4112AU,pC 68 101. All driveways shall be located a minimum of two (2) feet from the side property line. 102. 103. 104. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility prorider. Telephone. cable 'I'V, and/or security systems shall be pre-wired in the residence. All utilities, .except electrical lines rated 33kv or greater, shall be installed underground. A construction area'traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO RECORDATION OF FINAL MAP: 105. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, traffic signals and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. Sewer and domestic water systems. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. 106. As deemed necessary by the Department of Public Works, the developer shell receive written clearance from the following agencies: f~,STAF!qqlz'T~411t~.AI.LFiC Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control District; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; - CATV Franchise; 'CalTrans; Parks and Recreation Department; General Telephone; 69 Southern California Edison Company; and Southern California Gas Company 107. If phasing of the map for construction is proposed, legal all-weather access as required by .Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. 108. 109. Pedestrian access with sidewalk shall be provided from the cul-de-sac terminus of Street "L" through the open space to Street "H" , and from the cul-de-sac terminus of Street "R" to the adjacent public street "G". All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 110. Streets "B" at Butterfield Stage Road, "D", "E", "F" and "G" up to Street "S" shall be improved with 50 feet of asphalt concrete pavement with a raised 10-foot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A (70'/50'}. Street "G" shall transition to 60-foot right-of-way at Street "Q" . 111. All remaining interior local streets shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A {60'/40'). 112. Street "A" and Street "B" shall be improved with 44 feet of asphalt concrete pavement, or bonds for the street improvements may be Dosted, within the dedicated right-of-way in accordance with City Standard No. 103, Section A (66'/44'). 113. De Portola Road shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). 114· Street "C" shall be improved with 42 feet of half street improvement with a raised median, plus one 12-foot lane outside the median turn lane, or bonds for the street improvements may be posted, within a 108' dedicated right-of-way in accordance with Specific Plan Figure 5A "Gateway Road and modified City Standard No. 100, { 108'/84'), 115. Butterfield Stage Road shall be improved with 43 feet of half street improvement with a raised median, plus one 12-foot lane outside the median turn lane, or bonds for the street improvements may be posted, within a 110-foot dedicated right-of-way in accordance with City Standard No. 100, (110'/86'). 116. In the event' that the required access improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required access improvements per applicable City Standards~ All Assessment District No. 159 improvements necessary for access 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development as deemed appropriate by the Department of Public Works. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. Left turn lanes shall be provided at all intersections on Street "A" and De Portola Road. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site propera/interests required in connection with the subdivision. Security of a portion of these costs shell be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. Vehicular access shall be restricted on Street "A", Street "B", Street "C", De Portola · Road and Butterfield Stage Road and so noted on the final map with the exception of street intersections as shown on the approved Tentative Map and as approved by the Department of Public Works. A signing and' striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for De Portola Road, Street "A", Street "B", Street "C" and Butterfield Stage Road and shall be included in the street improvement plans. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of De Portola Road at Street "C" and shall be included in the street improvement plans with the second plan check subrnit~al. Traffic signal interconnection shall be designed by a registered Civil Engineer to show 1-1/2" rigid conduit with pull rope, and #3 pull boxes on 200-foot centers along the property fronting Butterfield Stage Road. This design shall be shown on the street improvement plans and must be approved by the Department of Public Works. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. Corner property line cut off shell be required per Riverside County Standard No. 805. S~Tm4 ~ "Z~J. "C 71 127. Easements for sidewalks for public uses shell be dedicated to the City where sidewalks meander through private property. 128. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, utilities, atc., 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 for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." 129. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 130. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject .property. 131. Prior to recordation of the final map, the developer shall deposit. with the Depart~nent of Public Works 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. 132· Prior to recording the final map, the subdivider shall notify the City's CA'IV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO BUILDING PERMIT: 133. A precise grading plan shall be submitted to the Department-of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 134. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shell also be in conformance with the recommendations of the County Geologist, dated May 30, 1989. 135. Developer shall pay any capital fee for road improvements end public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid .shill be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase Thereof, the developer shall execute The Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee, The amount of the bond shall be $2,00 per square foot, not To exceed $10,000. 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). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 136. All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A,C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets, 137. 138. All signing and striping shall be installed per the approved signing and striping plan. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. -. 139. All traffic signal interconnection shall be installed per the approved plan. 140. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 141. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. 142. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'/32'). 143. 144, Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications, In the event that the required improvements for this development are not completed by Asse~nent District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis, S~TAI=RqlwT~4]I~J'PC 73 TO: FROM: RE: County of Riverside HEALTH SERVICES AGENCY CITY 0FTEMECULA ATTN: DebbZe Ubnoske '~"~~Z.~J~vironmental DATE: 10-06-92 Health Specialist TRACT MAP N0. 24185. FIRST EXTENSION OF TIME Department of Environmental Health has reviewed the First Extensxon of Time and has no objections. SH:dr KENNETH L. EI:JWARDi RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT October'22, 1992 Ills MARKFF d/,,sr....~i P.O. BOX 1033 R~(. CA eZ.qO2 · 1033 (714) ZlS-IZOC) (/14) ~ FAX City of Temecula Planning Department 43174 Business Perk Drive Temecula, CA 92590 Attention: Saied Naaseh Ladies and Gentlemen: Re: RECEIVED Tracts 24182, 24184, 24185, 24186, 24187 and 24188 1st Extensions of Time The District has no objection to ~he proposed extensions of ~ime for the above referenced projects. SEM:slj $mllO22a.sub Very truly yours, DUSTY WILLIAHS Senior Civil Engineer VERSIDE COUNTY FIRE DEPARTHE?~ TO: Ism~culs P~s==U~ Depi.-~nsn= TheJR/veTeide Count-7 Yire Deps~Emsnt has uo comeaCe for the Fi=l= of ~ fO= Vllti~ ~Cl==ve Tr~C ~ ~lzs 24182, ~1~, 24185, 2~186, 2~LGS, Specific ~ No. 219, Palm ~ Sol, ~~ng KO. 3 ~ hvelo~t ;L~m 8sZel~y L~ sNl~rs nLT~'qON ~k~ iadtrmma,~C.& ;UOI ~1'A1~ 04c CAi,IF~IINIA IU'~ql"""'t$, "filAI4~PI~IITAllON AND N~ AQ!I4CY DEPARTMENT OF TRANSPORTATION DI$1tlCT I, P.O. IOX 231 SAN IElINARI:34NO, CAUFOIINIA TJd02 1"DO ('/14) 3S3,,Sd0~ 'JAN 23, 1992 Development Royjew 08-:;ttv-79-16.0/17.38 YouFbference: T'~f'S 24184 ~h'r"u, 24188 Plannjmg Delft City of Temecula City Hall 43174 Business Park Drive Temecula, ~ 92590 Thank you for the opportunity to review the proposed Tentative Trac~ Maps 24184 ~hrough 24188 located north of Highway 79 be'L'veen Butterfield Stage Rood end MargaritaRoad in Temecula. Please refer to the attached material on which our comments have been indicated by the itn= checked and/or by those itn= noted under additional comments. If any work is necessary within the State highway right of way, the developer must obtain an encroachment permit from the Celttans District 8 Permit Office prior to beginning work. Please be advised that this is a conceptual review only. Final approval of street improvements, ~rading and drainage will be determined during the Encroachment Permit process. additional information is desired, please call l~r. Steven Wisniewski of our Development Review Section at (714) 383-4384. Very trtlly yOUr2, Attachment DR=e: Januar~ 23, 1992 R~v-79-16.0/17'.38 (Co-Rte-PM) TTM's 94184 - 24188 (Your Reference) ~DDITION~r. CO~aw~NTS: We recommend =hat =he developer participate i~ ~he Rancho Villages Assessment District No. 159 to E/~igate T. he Traffic ~d/or drainage impacts generated by ~hese proposals. Improvements to Highway 79 should be coordinated before or with development of these Tracts. We would lake to see a Hydrology/Rydraulics aepor~ for the enUire development bounded by Bu=~erfield 2~age Road, F~xrgari~a Road and State Route 79, including Grading and Drainage pla~. ( Ifi..r. - Timam K. Nilbetter I';d~mrd P. l.fmeQnm Pfr~ ~ l~.vrk , r,- .. l.anlla M. January 21, 1FJ2 Mr. Saied Nmlseh City of Temecula Pi,,nni,~g Department 43180 Buainess Park Drive Tcmccula, CA 92~90 Water Availability Vesting Tract Map 24185 Dux Mr. Nasseh: Please be advised that the above-rcfcicuced p, opc, ly is located within the boundaries of Rancho C*~omia Water District (RCWD). Water service, .:therefore, would be available upon completion of financial arrangements between RCWD and the property Water availability would be contingent upon the property owner signing an Agency Agreemere which assigns water management rights, ff any, to RCWD. ff you have any questions, please contact Ms. Senga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P. E. Manager of Development Engineenng II:mJZB/FEG cc: Senga Doherty, Engineering Technician Jeammwlmi..dilaemmm Ilammer ;mm~l lmidFli.r,! , I%.,IIIIk,.lim. SQIIIT * 'h~i~iemLm.%ahm'mmta.~-m~'**.edilT , ..'N..;T~-4h.! , R7'A RIVERSIDE TRANSIT AGENCY 1825 THIFID~ · RIVERS[~ CA 92507-3484 · BUS. [714) 6844:)85O FAX {714) 684-1007 January 21, 1992 Saied Naaseh CW/of Tm.,e_ Perm~ Departmere 43174 ~ Park Drive Temecu~ CA 9259O RE: Ti' 24185 - Planning Ale 10 The Mi'-'k.L&II We do not currently Ixovide e/vice to the ~ ,,g, iljr.,Nkl sicawe but based on the size of the project am our own plans tortutum growth. we are faciuestinOtlm a kms tufnout or a pad tor a bus i si~s forthe bus turnouts would be a. WestsidecomerdButte~ieldStaOeRoadfaraideprc;.osedStreet't'(zd;fcenttoLot#~) b. Nodhr, kls comer of De Ponola Road lamUe p,~r-osed St. 'G' (f ~arl_d to Loll 197) c. Northside comer of De Portola Road rieamide rm.,_ole d 81. 'C' (adjlcem to Lot# 170) ff possible, we would also lira to request that ps:lesbin waqe. vay& and wheelchak alias be provided near the Nmout iocatiom specified move. I can indicme the exact location for the turnouts as the project prog4sms. Thank you for the opportunity to review and co,,,,,J,~t on INs reject. Your efforts to kee; us ulxlmedonthestatusofthtsmquestwllbevefymuchakJmcimsd. Please let us know when thts Should you require additional intormation or Nabbans, pies clor~ heslate to mnlac~ me. Sincerely, BB/jsc PDEV O145 REOEiVED MAY 12 1992 TEMECULA VALLEY Unified School District SUPERINTENDENT htnr~a & N~votney. BiLD. BOARD 0= EDUCATIOn, Dr. Divlcl EurI~" Ros,e VanOernaa, Join F. SDafKw ~ Waft Sw:ckla M~'--:, b~a T~ker Memor- May 7, 1992 The City of Temecula 43174 Business Park Drive Temecula, Ca. 92590 AtlenTion: Mr. Salad Naaseh, Planner Re: Vesting Tentative Tract Maps 24186 & 24188 Dear Mr. Naaseh, Thank you for your inquiry conceming the Landscape Development Zones {LDZ) for the above referenced Tract maps. As you are aware, The current configuration of These' LDZ's severely reduces the acreage available for the school Sites due To Their required width. Therefore, we would like To Take This opportunity To request that The LDZ regulations regarding The width of the landscaping are not enforced for the perimeters of The TwO (2) sChOOl sites. It is our desire that we work directly with the developer to establish a compatible landscaping arrangement which this developer can then install at The appropriate time. Thank you for your time and cooperation concerning This matter. Very Truly yours, Temecula Valley Unified School District Lettie Boggs Coordinator, Facilities Planning LB:bk cc: Bedford Properties 31350 Rmncho Vista Roa6 / Temecul8, CA 92592 / (714) 676-2661 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 24186, Amendment No. 5, First Extension of Time Project Description: Subdivide 114.1 acres into 445 Single Family Residential, 14 Open Space Lots and 1 Elementary School Site Assessor's Parcel No.: 955-130-011 926-130-028 926-130-029 926-130-030 Approval Date: Expiration Date: PLANNING DEPARTMENT The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, 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. 2. Any delinquent property taxes shall be paid prior to recordation of the final map. 3. Subdivision Phasing shall be subject to Planning Department Approval. e Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the 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 notes shall be placed on the ECS: As 'This property is located within thirty (30) miles of Mount Palmar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy." 'EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department.' 74 Prior to issuance of GRADING PERMITS the following Conditions shall be satisfied: A. If the Project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: (1} Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase. B. The developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. C. The applicant shall comply with the Provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of 'a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: 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 lot/unit shall be deposited with the City as mitigation for public library development. B. With the submittal of building plans to the DePartment of Building and Safety a copy of the acoustical study Prepared by Wilber Smith Associates dated September 22, 1992 and subsequent study dated October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and exterior noise levels to 65 Ldn. C. 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. S~ST~4 112N, L. PC : 75 The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an · approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 24186, Amendment No. 5, which action is brought within the time period provided for in. California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of TemecUla and will cooperate fully in the defense. if the City fails to promptly notify the sUbdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. Covenants, Conditions and Restrictions/Reciprocal Access Easements: The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by-the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling Units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of. Provisions required by the City as Conditions of Approval. The developer shell 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. 10. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. 11. Every owner of a dwelling unit or lot shell own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 12. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars (~875.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) plus the Twenty-Five Dollar ($25.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required S~rAnW'T~4~mp~.L.pC 76 above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). 13. A Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets C, B, T, F and D. 14. Bicycle trails shall be conetrucled per Figure 6 of Specific Plan No. 219, Amendment No. 3 along Meadows Parkway, Class I and Street A, Class II. 15. Minor Project Entry Statements shall be constructed per Figures 35 and 36 of Specific Plan No, 219, Amendment No, 3 for lot 449, 16. A Paseo Entry Statement with Pedestrian Crossing shall be constructed per Figure 49 of Specific Plan No. 219, Amendment No, 3 for Intersection of Meadows and Street D. 17. A Community Paseo shall be constructed per Figure 30 of Specific Plan No. 219, Amendment No. 3 for lots 451,452, 457 and 460. 18. Secondary Paseo shall be constructed per the cross section on the map for lots 447, 456 and 458. 19. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street A. 20. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Meadows Parkway. 21. The Landscape Development Zone (LDZ) along Major Community Street Scene, Meadows Parkway, shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV,C.1 .b,2.a., b. and c. of Specific Plan No. 219, Amendment No. 3, 22. The LDZs along the Project Street Scene. Street A, shall use the plant palette per Section IV.C.1 .c.1. of Specific Plan No. 219, Amendment No. 3. 23. Greenbelt Paseo Trees as identified in Section IV.C. 1 .d.4.a. and b. of Specific Plan No. 219, Amendment No. 3 shall be used for lots 451,452,457,460,447,456,458 and the intersection of Meadows and Street D. 24. 25. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per figure 40; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No, 219, Amendment No, 3. These walls shall be constructed along Meadows Parkway. Project Masonry Walls and Project View walls shall be constructed per Figure 41 of Specific Plan No, 219, Amendment No. 3; these walls shall be constructed along Streets A, B, C {between Street A and Street G, if it does not interfere with access to any Iots), T (between A Street and P Street, if it does not interfere with access to any lots), F & D (between Meadows Parkway and Street N), S~.STAFFI~"ff~,ll2AJ. J_pC 77 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. The Medium High Density Residential landscape requirements shall be consistent with Section IV,C,3,c,1. through 14. of Specific Plan No. 219, Amendment No. 3. The accent trees identified in Section IV.C.I.d.3. of Specific Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets A, B, C, D and F. The plant palette for Evergreen Background Grove Trees per Section IV.C. 1 ,d.4,a of Specific Plan' No. 219, Amendment No. 3 and the plant palette for Deciduous Accent Grove Trees per Section IV.,C, 1 ,b,2,a. shell be used for the landscape buffer zones in lots 461, The plant material palette identified in Section IV.C.I,e. of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. The seed mix for Turf Grass identified in Section IV,C. 1 ,e of Specific Plan No. 219, Amendment No, 3 shell be used throughout the project, Comparable sod may be used instead of the seed mix. Planting shall commence as soon as slopes are completed on any portion of the site and shall provide for rapid short-term coverage of the slope as well as long-term establishment cover per standards set for in Ordinance 457.75, A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping, This condition applies only if construction of the site does not commence within ninety (90) days of grading operations, A one year maintenance bond shell be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability, Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more than ten (10) feet on center or trees spaced not to exceed twenty {20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No, 457,57. Irrigation for the project site shall be consistent with Section IV,C,1 ,j, of Specific Plan No. 219, Amendment No. 3. Community Theme Walls may be substituted for Project Theme Wells at the developers discretion. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots, mST&mi'T~4~e2N. LPC 78 37. The residential lot street tree requirements and front yard requirements shall be consistent with Section IV.C.3.a. 1 .,2., and 3. of Specific Plan No. 219, Amendment No. 3. 38. All lighting within the project shall be consistent with Section IV.C.5 of Specific Ran. No. 219, Amendment No. 3. 39. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 (Section IV). 40. All future development within this project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. 41. The amenities and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway peseos shall be used for developing these areas or as modified by the Planning Application No. 92- 0013 (Development Agreement). 42. Maintenance and timing for completion of all open space areas shall be as identified in Planning Application No. 92-0013 {Development Agreement). 43. A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval. The following needs to be included in these plans: A. Typical front yard landscaping for interior, corner and cul-de-sac lots. B. Typical slope landscaping. Private and public park improvements and landscaping. All open space area landscaping including, private and public common areas, private recreational areas, paseos, equestrian trails, monuments and Landscape Development Zones. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. The timing for installation of all landscaping walls and trails shall be identified prior to approval of these plans. Ge The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. NTN"W'T~.U~_,C 79 The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. A note shell be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. J. The responsibility for installation of all landscaping and walls shall be identified. All private open space areas that will not be dedicated to the city as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a part of and shall be consistent with the provisions of the Specific Plan. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four {24) inch box. The landscape plans proposed for each phase shall incorporate fie fifty (50) percent mix of twenty four (24) inch box trees into the design. A note shall be placed on the conceptual landscape plans that all trees shell be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. '. 45. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219,-Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement). 46. If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. 47. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992. OTHER AGENCIES 48. The applicant shall comply with the environmental health recommendations outlined in the County Health Depertment's transmittel dated October 6, 1992, a copy of which is attached. 49. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control D,strict's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction Of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. $~STAFFRPT~4112AIJ_PC 80 50. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. 51. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittel dated January 23, 1992, a copy of which is attached. 52. The applicant shall comply with me recommendations outlined in the Rancho Water District transmittel date January 21, 1992, a copy of which is attached. 53. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittel dated January 21, 1992, a copy of which is attached. 54. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittel dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 55. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department' {'I'CSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with as set forth below, or as modified by separate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. Pdor to Recorderion of Rnal Man(s) 56. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA). 57. Community park sites of (3) acres or greater shall be offered for dedication to the City of Temecula, Community Services Department (TCSD) for maintenance purposes following compliance to existing City standards and completion. of an application process. 58. All Proposed slopes, open space, and park land intended for dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to identify said lot numbers as a proposed TCSD maintenance area. 59. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application procase. All other slopes shall be maintained by an established Home Owners Association (HOA). S~STAFFRPT~4112JdJ, IK; 81 60. Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater shall be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing Cit~/standards and completion of an application process. 61. Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. 62. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordation of final map. 63. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. 64. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map will preclude their inclusion into the TCSD. 65. If the City Engineer determines that the project's street improvement bond is insufficient to cover the parkway landscaping and irrigation improvements, the developer shall, prior to recordation of final map, post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteeing the viability of all landscaping installed prior to the acceptance of maintenance responsibility by the TCSD. Prior to Issuance of Certificate of Oct-f--nov(l) 66. It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 67. Prior to issuance of any certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. S~STARW'~,~e2AU_,C 82 General 68, All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES SPECIFICATIONS. AND 69, The developer, fie developer's successors or assignee, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. PUBLIC WORKS DEPARTMENT Department of Public Works Conditions of Approval for: Vesting Tentative Tract 24186 - Paloma Del Sol The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency, All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative map or site 'plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. GENERAL REnUIREMENTS 70. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way, 71, An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way, 72, A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Rood Control District for approval prior to recordation of the final map or the issuance of any permits, 73, All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. i~TAF!:RImT~'ll2AL'LPC 83 74. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the recluirements of said section. PRIOR TO ISSUANCE OF GRADING PERMITS: 75. The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and. approved by the Department of Public Works. 76. All lot drainage shall be directed to the driveway by side yard drainage swates independent of any other tot. 77. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Bimination System {NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. 78. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: · · · · · · · San Diego Regional Water Quality; Riverside County Rood Control District; Planning Department; Department of Public Works; General Telephone; Southern California Edison Company; and Southern California'Gas Company. 79. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 80. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. 81. Graded but undeveloped land shall be maintained in a weedfree condition and shell be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 82. 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 Rood Control District prior to issuance of permits, If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid, 83. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. S't.$TAFFIPT~4182AIJ, K: 84 84. 85, 86. 87. 88. 89. PRIOR 90. 91. A drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. be Identify and mitigate impacts of grading to any oneire or offsite drainage courses. The location of existing and post development l O0-year floodplain and floodway shall be shown on the improvement plan. The subdivider shell accept and propedy dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide' adequate facilities as approved by the Department of Public Works. 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. A drainage easement shall be obtained from fie affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way, A permit from Riverside County Flood Control District is required for work within their right-of-way. TO THE ISSUANCE OF ENCROACHMENT PERMITS: All necessary grading permit requirements shall have been submitted/accomplished to the satisfaction of the Department of Public Works. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility/facilities and easements as directed by the Department of Public Works. S%$T~4112ALLPC 85 92. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: Rowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk). C$ 'Street lights shall he installed along the public .streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of PuNic Works. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. 93. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. The minimum centerline grade for streets shall be 0.50 percent or'as otherwise approved by the Department of Public Works. 94. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 208. 95. 96. All driveways shall be located a m~nimum of two (2) feet from the side property line. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 97. 98. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works, S~TANW'T~4~m2NJ, pC 86 PRIOR TO RECORDATION OF FINAL MAP: 99. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department Qf Public Works. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, traffic signals and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways), D. Erosion control and slope protection. E. Sewer and domestic water systems. F. All trails, as required by the City's Master Bans. G. Undergrounding of proposed utility distribution lines. 100. As deemed necessary by the. Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverrode County Flood Control District; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; CalTrans; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southern California Gas Company 101. If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. 102. Pedestrian access with sidewalk shall be provided from the cul-de-sac terminus of Street "D", "J", "M", "P", "Q", "S" and "U" through the open space and paseo areas to adjacent streets. 87 103. 104. 105.- 106, 107. 108. 109. 110. 111. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shell be free from all encumbrances as approved by me Department of Public Works. Streets "B" up to Street "G", "C", "D" up to Street "N" ,. "F" and "T" up to Street 'P" shall be improved with 50 feet of asphalt concrete pavement with a raised 1 O-foot wide median, or bonds for the street improvement~ may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A (70'/50'). All remaining interior local streets shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). Street "A" shall be improved with 44 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 103, Section A (66'144'). Meadows Parkway shall be improved with 38 feet of half street improvement plus one 12-foot lane oLrcside the median, or bonds for the street improvemares may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). In the event that the required access improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required access improvements par applicable City Standards. All Assessment District No. 159 improvements necessary for access to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development as deemed appropriate by the Department of Public Works. Cul-de-sacs' and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. Left turn lanes shall be provided at all intersections on Street "A" and Meadows Parkway. The developer shell 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, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shell be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developar's cost. The appraiser shell have been approved by the City prior to commencement of the appraisal. $~TAFRImT~41124MJ-ImC 68 112. 113. 114. 115. 116. 117. 118. 119. 120.. 121. 122. Vehicular accessshall be restricted on Street "A' and Meadows Parkway and so noted on the final map with the exception of street intersections and across the elementary school site frontage as shown on the approved Tentative Map and as approved by the Department of Public Works. A signing and striping plan shall be designed' by a registered Civil Engineer and approved by the I:)epartment of Public Works for Street 'A' and Meadows Parkway and shall'be included in the street improvement plans. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Meadows 'Parkway at Street 'D" and shall be included in the street improvement plans with the second plan check submittal. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. Corner property line cut off shall be required per Riverside County Standard No. 805. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. Easements, when required for roadway slopes, 'landscape easements, drainage facilities, joint-use driveways, 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 for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and Shown on the final maD. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The developer shall comply with all constraints which may .be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. Prior to recordation of the final maD, the developer shall deposit with the Department of Public Works 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. I~.iTAFFIFT~411,tN.LI~ 89 123. Prior to recording the 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 BUILDING PERMIT: 124. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The'building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 125. Grading of the subject proparty shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction praotices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County Geologist, dated May 15, 1989. 126. Developer shall pay any capital fee for road improvements and public facilities imposed upon the proparty or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. 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). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 127. All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. 128. 129. All signing and striping shall be installed per the approved. signing and striping plan, All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan, 130. The subdivider shall provide "stop* controls at the intersection of local streets with arterial streets as directed by the Department of Public Works, S~TAFFRFT~4112&I,LpC 90 131. 132. 133. 134. All landscaping-shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the - Department of Public Works. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'/32'). Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for Pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Tamecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. S~,STAFFfFT~4182AL.L. pC: 91 TO: FROM: RE: County of Riverside HEALTH SERVICES AGENCY CITY OF TENECULA ATTN: DebbXe Ubnoske DATE: S ironmental Health Specialist TRACT NAP N0. 24166, FIRST'EXTENSION OF TIHE IV 10-06-92 Department of Environmental Health has reviewed the First Extension of Time and has no ob3ections. SM:dr KENNC'n..I L. EZIWARCll RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT October 22, 1992 I I MARI~'r Iq~iZ"r p.o. IOx Io33 RIVLeRIIDi~. CA B2802-1033 ('/14) ~ FAX City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Attention: Saied Naaseh Ladies and Gentlemen: Re: RECEIVED Tracts 24182, 24184, 24185, 24186, 24187 and 24188 1st Extensions of Time The District has no objection to the proposed extensions of time for the above referenced projects. SEM:slj sm11022a,sub Very truly yours, DUSTY WILLIAM8 Senior Civil Engineer 4 The!l~vers~e Coun**~y ?~re Deparms~c has no conmerits for ~he F~zsc Zx~ens~on of ~-.m fo: ve,t~uS 2once:~v, xz:c: lip mmbez, 241B2, 21181, 2418S, 24186, 24187, 2kLS8, Specific ?l&n No. 219, ?aZoua DEi Sol, Imendmnc No. 3 and Development ~reemnc q2-:. Any :OUMn~S 'Or quasCions can bs d:L~sece~ ?le~r a~ Zn2~eeri~ is:FRond E. LBI~o. C~|¢l 2?sd.? · R4X frill 4t(Bl CasmT Caae lb~,kk l2f, TmCa g2MC Sq'A'II OF C, AI/,CR. W. IU~P..,,,~, tlANSF'Olfi'A'II~I AND HOglING AGENCY DEPARTMENT OF TRANSPORTATION DISlltICT I, P.C). IGX 231 SAN IBINAIIDeNO. I {"/14) ~JAN 2 7 19~2_ e 23, 1992 Deve/cpment Review 08-1~Lv-79-16.0/17.38 Y~ttT. Reference: T~'S 24184'thru 24188 Planning Depar~m__ent Clty of Temeattla City Hall 43174 Business Park Drive Te~ecttla, CA 92590. Thank you for the oppor=untt7 to review the proposed Tentative Tract Maps 24184 through 24188 located north of Highway 79 be=weenBut~erfield STage Road and MarVarlTaRoad in Temecula. Please refer to the atTached material on which our comments have been indicated by the items checked and/or by those items noted under additional comments. If any work is necessary within the State highway right of way, the developer must obtain an encroachment permit from the Caltrans District S Permit Office prior to beginning work. Please be advised that this is a conceptual review only. Final approval of street improvements, grading and dra.inage will be determined during the Encroacrunent Permit process. If additional information is desired, please call Mr, Steven Wisniewski of our Development Review Section at (714) 383-4384. AtTachment Date: January 23, 1992 R~v-~9-16.0/17.38 (Co-Rte-PM) TTH's .~4184 - 24188 (Your Reference) ~DTT.TON~T. CO~ww~TS: We recommend ~hat ~he developer participate in ~he Rancho Villages Assessmen~ District No. 159 to mitigate ~he traffic and/or drainage impacts generated b~ ~hese proposals. Improvements to Highway 79 should be coordinated before or with development of these ~racts. We would like to see a Hydrolog~/Hydraulics Repor~ for the entire development bounded by Butterfield Stage Road, Hargarita Road and State Route 79, including Grading and Drainage plans. Jnkn F. Hennlger Phdhp L ~nr~ J~uary 21, 1~72 City of Tcmccula P!nnning Del::mllmcnt 43180 Btaineu Park Drive Temect~ CA 92590 Vesting Tract.Map 24186 Dear Mr. Naueh: :Please be advised thnt the above-rcfcrcueed propox ty is located within the boundaries of Rnncho California Water District (RCWD). Water service, therefore, would be available upon completion of ~nanciaJ arrangements between RCWD and the property owner. Water availabRity would be contingent upon the property owner si~ng an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact Ms. Senga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P. E. Manager of Development Engineering II:ejZBIFEG cc:. Senge Doherty, Engineering Technician RTI RIVERSIDE TRANSIT AGENCY 1825 THIRD STFEET · FI/BqS{~ CA 92507-3484 · BUS. [714} 684-0850 FAX {'714] 584-1007 Janumy 21, 1992 SNed mh Cly of TI,,, e~ Pmm'dng D artment 43174 Business Park Drive TerneculL CA 92590 RE: 'IT 24186 - PlaNting Are~ 11,12,13,14 The Meadows at Rancho Camoffda We do not cufTently provide sewice to the die ,,;,Vionecl above but based on the me of the Pmject andourown PtanstorluNm gmwih, we mrequl~Eqgthma bus Nmout or a pad for a lxas StOp be incoiffoi~llul intD tlte gerlerN deign. An ldeaJ location for the bus tuffmot would be on :l~-t~We comer of Bueddng Padevay landde propose Street "A' (-~fctnlto Lot# 187'). ff possible, we would also like to request thlt FagL~shian wtlkwgys Incl wheek:llir cuf'o be pmvicled near the mmout location spec~ied above. I can incicate the exact localion for the turnout as the project progresses. Thank you for the opicxxNrdty to review and comment on this project. Your efforts to keep us uPdmed on the staNs of this request will be very rnuch app,s :' ~e~- Please let us know when thts Should you require additional information or spcc~ir. at~ns, pleee don't hesile to contact me. Sincerely, BB/'!sc PDEV #143 TEMECULA VALLEY Unified School District SUPERINTENDENT Pltrr~l B. Nov~tney. Ed.D. 19.q2' BOARD O¢ EDUCATIOh· Dr. Dav,cl Ros~e Vanoernaak Joan F. SparKmr'-- WIlt ,~wlckl,u, Bamm~Ker May 7, 1992 The City of Temecula 43174 Business Park Drive Temecula, Ca. 92590 Attention: Mr. Saied Naaseh, Planner Re: Vesting Tentative Tract Maps 24186 & 24188 Dear M~'. Naaseh, Thank you for your inquiry concerning the Landscape Development Zones (LDZ) for the above referenced tract maps. As you are aware, the current configuration of these LDZ's severely reduces the acreage available for the school sites due to their required width. Therefore, we would like to take this opportunity to request that the LDZ regulations regarding the width of the landscaping are not enforced for the perimeters of the two {2) school sites. It is our desire that we work directly with the developer to establish a compatible landscaping arrangement which this developer can then install at the appropriate time. Thank you for your time and cooperation concerning this. matter. Very truly yours, Temecula Valley Unified School District Lettie Boggs Coordinator, Facilities Planning LB:bk cc: Bedford Properties 31350 Rancho Vista Road / Tentea, CA 92592 / (714) 676-2661 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 24187, Amendment No. 3, First Extension of Time Project Description: To Subdivide 74.6 acres into 363 Single Family Residential and 10 Open Space Lots Assessor's Parcel No.: Approval Date: Expiration Date: 955-030-008 955-030-009 955-030-010 PLANNING DEiqARTMENT The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, 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. 2. Any delinquent property taxes shall be paid prior to recordation Of the final map. 3. Subdivision phasing shall be subject to Planning Department Approval. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the 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 notes shall be placed on the ECS: Ae "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor lighting Policy." 'EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." S~TAFFRFT~4 112AL,L.II;C 92 5. Prior to issuance of GRADING PERMITS the following Conditions shall be satisfied: If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval, The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: (1) Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March, (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase. The developer shall provide evidence to the Director of Building and Safety that aU 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. The applicant shall comply with the provisions of Ordinance No. 663 bY paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: B® Cm No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars (~100) per lot/unit shall be deposited with the City as mitigation for public library development. With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and subsequent study dated October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and exterior levels to 65 Ldn. 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. The subdivider shall defend, indemnify, and hold harmless me 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 Vesting Tentative Tract Map No. 24187, Amendment No. 3, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. Covenants, Conditions and Restriotions/Reciprocal Access Easements: The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shell operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 10. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. 11. Every owner of a dwelling unit or lot shall own as an appurtenance ~o such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or {2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 12. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars ($875.00) which includes the Eight Hundred, Fifty Dollar {$850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) plus the Twenty-Five Dollar ($25.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required S%STAFI:RPT~4112A, LLPC 94 above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). 13. A Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets B, C, D and E. '-, 14. Bicycle trails shall be constructed per Figure 6 of Specific Plan No. 219, Amendment No. 3 along Meadows Parkway, Class I and Streets A, B and C, Class II. 15. Minor Project Entry Statements shall be constructed per Figures 35 and 36 of Specific Plan No. 219, Amendment No. 3 for lot 365. 16. A Community Paseo shall be constructed per Figure 30 of Specific Plan No. 219, Amendment No. 3 for lots 369. 17. A Secondary Paseo shall be constructed per fie Cross section on the map for lots 372 and 373. 18. A Paseo Entry Statement shall be constructed per Figure 39 of Specific Plan No. 219, Amendment No, 3 for lot 369. 19. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street A. 20. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Meadows Parkway. 21. The Landscape Development Zone. (LDZ) along Major Community Street Scene, Meadows Parkway, shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV.C.1 .b.2.a., b. and c. of Specific Plan No. 219, Amendment No. 3. 22. The LDZs along the Project Street Scene Street A shall use the plant palette per Section IV.C.I.c. 1. of Specific Plan No. 219, Amendment No. 3. 23. Greenbelt Paseo Trees as identified in Section IV.C. 1 .d.4.a. and b. of Specific Plan No. 219, Amendment No. 3 shall be used for lots 369, 372 and 373. 24. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall'be constructed per Figure 40 of Specific Plan No. 219, Amendment No. 3; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Meadows Parkway. 25. Project Masonry Walls and Project View Walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets A, B,: C, D, and E. 26. The Medium High Density Residential landscape requirements shall be consistent with Section IV.C.3.c.1. through 14. of Specific Plan No. 219, Amendment No. 3. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. The accent trees identified in Section IV.C.I.d.3. of Specific Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets A, B, C, D and E. The plant material palette identified in Section IV.C. 1 .e, of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. The seed mix for Turf Grass identified in Section IV.C.1 .e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead of the seed mix. Planting shall commence as soon as slopes are completed on any' portion of the site and shell provide for rapid short-term coverage of the slope as well as long-term establishment cover per standards set for in Ordinance 457,75, A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping, This condition applies only if construction of the site does not commence within ninety (90) days of grading operations. A one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shell be subject to the approval of the Planning Department. This bond shall be secured after completion of' said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. Cut slopes equal to or greater than five (5) feet in vertical height and fill slol~es equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaces not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. Irrigation for the project site shall be consistent with Section IV,C.1 .j. of Specific Plan No. 219, Amendment No. 3. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. The residential lot street tree requirements and front yard requirements shell be consistent with Section IV.C.3.a. 1 .,2., and 3. of Specific Plan No, 219, Amendment No. 3. All lighting within the project shall be consistent with Section IV.C.5 of Specific Plan No. 219, Amendment No. 3, 38. 39. 40. 41. 42. 43. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 (Section IV). All future development within this project shall' comply with applicable Zoning Ordinance Standards adopted for 'Specific Plan No. 219, Amendment No. 3. The amen,ties and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt peasos and parkway peseos shall be used for developing these areas or as modified by the Planning Application No. 92- 0013 (Development Agreement). Maintenance and timing for completion of all open space areas shall be as identified in Planning Application No. 92-0013 (Development Agreement). A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recorder, on of the Final Map. A conceptual landscape plan shall be submitted to the Planning Department prior to recordat,on of the Final Map for review and approval. The following needs to be included in these plans: B. C. D. Typical front yard landscaping for interior, corner and cul-de-sac lots. Typical slope landscaping. Private and public park improvements and landscaping. All open space area landscaping including, private and public common areas, private recreational areas, peseos, equestrian trails, monuments and Landscape Development Zones. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. The timing for installation of all landscaping walls and trails shall be identified prior to approval of these plans. The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. The responsibili~ for installation of all landscaping and walls shall be identified. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be.developed as an integrated part of the open space lot that they are a part of and shall be consistent with the provisions of The Specific Plan. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four {24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of Twenty four {24) inch box trees into the design. A note shell be placed on the conceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shell be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No, 219, Amendment No. 3 and Planning Application No. 92-0013 {Development Agreement). If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. Pe Double-pane window Treatment shall be required for second floor elevation windows in any Two-Story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992. OTHER AGENCIES 44. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's Transmittel dated October6, 1992, a copy of which is attached. 45. The applicant shall comply with the flood control recommendations outlined in .the Riverside County Rood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shell be collected by the City prior to issuance of Occupancy Permits. 46. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. S~STA~4182ALL. PC 98 47. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittel dated January 23, 1992, a copy of which is attached. 48. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittel date January 21, 1992, a copy of which is attached. 49, The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittel dated January 21, 1992, a copy of which is attached. 50. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittel dated May 7, 1992, a copy of Which is attached. BUILDING AND SAFETY DEPARTMENT 51. All proposed construction shall comply with the California Institute of Technology, Palsmar Observatory 'Outdoor Lighting Policy. COMMUNITY SERVICE DEPARTMENT The following items are the City of Temecula, Community Services Department (TCSD) Conditions of Approval for this project and shall be completed at no cost To any Government Agency. The conditions shall be complied with ms set forth below, or ms modified by separate · Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. Prior to Recorderion of Final Meals) 52. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA). 53. Community park sites of (3) acres or greater shall be offered for dedication to the City of Temecula, Community Services Department (TCSD) for maintenance purposes following compliance to existing City standards and completion of an application process. 54. All proposed slopes, open space, and park land intended for dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to identify said lot numbers as a proposed TCSD maintenance area. 55. Exterior slopes (as defined as: those slopes contiguous To public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). 56. Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three [3) acres or greater shall be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. 99 57. 58. 59. Prior to recordat/on of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. 60. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordat/on of final map. 61. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordat/on of final map. All areas identified for inclusion. into the TCSD shell be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordat/on of final map will preclude their inclusion into the TCSD. If the City Engineer determines that the project's street improvement bond is insufficient to cover the parkway landscaping and irrigation improvements, the developer shall, prior to racordation of final map, post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteeing the v/ability of all landscaping installed prior to the acceptance of maintenance responsibility by the TCSD. Prior To Issumnce of Certificate of Occ,,--ncvla) 62. 63. General It shall be the developer's, the developer's successors or assignee responsibility to disclose The existence of The TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the percel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 64. Prior to issuance of any certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. 65. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES SPECIRCATIONS. AND The developer, the developer's successors or assignee, shell be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. SSTARW'T~U.2NJ.,C 1 O0 PUBLIC WORKS DEPARTMENT Department of Public Works Conditions of Approval for: Vesting Tentative Tract 24187 - Paloma Del Sol The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following requirements, All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative map or site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. GENERAL REnUIREMFNTS 66. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 67. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 68. 69. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Rood Control District for approval prior to recordation of the final map or the issuance of any permits. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous tO the site. 70. PRIOR Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. TO ISSUANCE OF GRADING PERMITS: 71. 72. The final grading plan shell be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. 73. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed. or the project is shown to be exempt. .: 8%STAFRFT'~4182AL.LpC 101 74. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: · · · · · · · San Diego Regional Water Quality; Riverside County Flood Control District; Planning Department; Department of Public Works; General Telephone; Southern California Edison Company; and Southern California Gas Company. 75. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 76. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. 77. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 78. A flood mitigation charge shell be paid. The charge shell equal the prevailing Area Drainage Plan fee rate multiplied by the area of new develc~pment. 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 been already credited to this property, no new charge needs to be paid. 79. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. 80. A drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the. following criteria: ae Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or aiDproved storm drain facilities. as directed by the Department of Public Works. be Identify and mitigate impacts of grading to any oneits or offsite drainage courses. 81. c. The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan. The subdivider shall accept and properly dispose of all off-its drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply, Should the quantities exceed the street capacity, or use of streets be prohibited S~STm,~,~J.,C 102 for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 82. 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. 83. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation, The location of the recorded easement shall be delineated on the grading plan, 84. An Encroachment Permit shall be required from CartTans for any work within their right- of-way. 85. A permit from Riverside County Flood Control District is required for work within their right-of-way. PRIOR TO THE '.ISSUANCE OF ENCROACHMENT PERMITS: 86. All necessary grading permit requirements shall have been submitted/accomplished to the satisfaction of the Department of Public Works, 87. Improvement plans, including but not limited to, streets, parkway trees', street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility-facilities and easements as directed by the Department of Public Works. 88. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: Ae Flowline grades shall be 0.5% minimum over P.C.C. and 1.00%.minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk}. C8 Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. De Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401. E, Improvement plans shall ex~end 300 feet beyond the project boundaries or as otherwise approved by the Department. of Public Works, S~STAF, Fr~,,e;X.L.~ 103 Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. 89. I. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. 90. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plane in accordance with City Standard 207 and 208. 91. All driveways shall be located a minimum of two (2) feet from the side property line. All utility systems including gas, electric, telephone, water, sewer, and cable 'IV shall be provided for underground, with easements provided as'required, and designed and constructed in accordance with City Codes and the utility prorider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 93. 94. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO RECORDATION OF FINAL MAP: 95. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems. s~rA~4~.~dj.,c 104 96. 97. 98. 99. 100.. 101. 102. F. All trails,--~as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Rood Control District; City of Temecula Rre Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; CalTrans; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southern California Gas Company If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. Pedestrian access with sidewalk shall be provided from the cul-de-sac terminus of Streets 'G", "H", "L", "M", "N" , "R", 'S' and 'T" through the open space and paseo areas to adjacent streets. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. Streets "B", "C", "D" and "E" shall be improved with 50 feet of asphalt concrete pavement with a raised 1 O-foot wsde median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, SectSon A (70'/50'). All remaining interior local streets shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street ,mprovements may be posted, within the dedicated right-of-way in accordance with C~ty Standard No. 104, Section A (60'/40'), Street "A' shall be improved with 44 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 103, Section A {66'/44'). S~TN,W~4t.~U..C 105 103. Meadows Parkway shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the siTeat improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). 104. In the event that the required access improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required access improvements per applicable City Standards, All Assessment District No. 159 improvements necessary for access to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development as deemed appropriate by the Department of Public Works. 105. Cul-de-secs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. 106. Left turn lanes shall be provided at all intersections on Street "A" and Meadows Parkway. 107. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to-do so, the developer shall, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the. City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 108. Vehicular access shall be restricted on Street "A" and Meadows Parkway and so noted on the final map with the exception of street intersections as shown on the approved Tentative Map and as approved by the Department of Public Works. 109. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Street "A" and Meadows Parkway and shall be included in the street improvement plans. 110. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 111. Bus bays will be provided at all existing and future bus mops as determined by the Department of Public Works. 112. Corner property line cut off shall be required per Riverside County Standard No. 805. 113. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. s~rAm~m2. ~ ,z~J.,c 106 114. Easements, when required for roadway sloes, landscape easements, drainage facilities, joint-use driveways, 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 for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating 'drainage easements shall be kept free of buildings and obstructi one. ' 115. 116. Prior to recordation of the final map, an Environmental Constraints Sheet {ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 117. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impactsi Should the developer choose to defer the time of payment of traffic signal mitigation fee, ha may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 118. Prior to recording the 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 BUILDING PERMIT: 119. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 120. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County Geologist, dated May 15, -1989, for Tentative Tract Map 24186. 121. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, S~STAFFeP1%~ 112ALL. PC 107 PRIOR 122. 123. 124. 125. 126. 127. 128. developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. 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). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: All improvements shell be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. All signing and striping shall be installed per the approved signing and striping plan. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed: by the Department of Public Works. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'I32'). Aspbaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of ,mprovement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. $tJTA~411~A~'ImC 108 TO: FROM: RE: County of Riverside HEALTH SERVICES AGENCY CITY OF TEMECUI, A ATTN: Debbie Ubnoske '~-~d~~vironment&Z DATE: 10-06-92 He&lth Speci&list IV TRACT MAP N0. 24187,. FIRST ~SION OF TIME Department of EnvXronmental He&lth has reviewed the First Extension of Time and has no objections, SM:dr KENNETH L.. F, DRNARDi INhALe"_' ~ r~llN~ll RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT October' 22, 1992 Ills MARKLeT IrREET P.O. IOX !1~3 RIV!311G}E. CA e2so2-1o33 r/14) ~ FAX City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Attention: Saied Naaseh Ladies and Gentlemen: Re: RECEIVED rRE C F. bl Tracts 24182, 24184, 24185, 24186~ 24187 and 24188 let Extensions of Time The District has no objection to the proposed extensions of time for the above referenced projects. SEM:slj sm11022a.sub Very truly yours, DUSTY WZLLZAHS Senior Civil Engineer RIVERSIDE COU]VI~ FIRE DEPARTHF2~ lIP: F/z---~ hcinz~on a_· T~mm ('ztee4a'~ · FaX m4)e4,~t STAff OF CAL;'r'~i~I II~. F,,.ITIM[~S. 11tANSleOiITATI(:)N AND NOgSli6 AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT it. PC). BOX 231 I'DD ['/14) 313,da~9 'JAN 23, ~992 Develapment Review 08-ltiv-79-16.0/17.38 Your Reference: T~'2 24184 ~hlqa 24188 Plaxtning De~ City of Temecula City Hall 43174 Business Park Drive Temecula, CA 92590 Thank you for ~he opport~utit-y to review the 'proposed Tentative Tract Maps 24184 ~h~augh 24188 located north of Highway 79 between Butterfield S~age Road and Margari~a Road in Temecula. Please refer to the attached material on which our cmmsenta have been indicated by the items checked and/or by ~hose items noted under additional commenta. If any work is necessary within the State highway right of way, the developer must obtain an encroachment permit from the Caltrans District 8 Permit Office prior to beginning work. Please be advised that this is a conceptual review only. Final approval of street improvements, grading and dra. inage will be determined during =he Encroachment Permit precoas. If additional information is desired, please call Mr. Steven Wisniewski of our Development Review Section-at (714) 383-4384. Very truly yours, Develapment Review Engineer R~verside County Attac, h,~ant De=e: January 23, 1992 Riv-79-16.0/17.38 (Co-R=e-PM) TTM's 24184 - 24188 (Your Reference) ~DITION~T. We recommend ~ha= ~he developer par=icipate in ~he Rancho Villages Assessmen= Dis=ric~ No. 159 to mitiga=e T. he Traffic and/or drainage impac=s genera=ed by These proposals. Xmprovemen=s to Highway 79 should be coordinated before or wi=h developmen= of These =facts. We would like =o see a Hydrolog~/Hydraulics Report for the en=ire developmen= bounded by Butterfield Stage Road, Margarita Road and State Rou~e 79, including Grading and Drainage plans. January 21, 1992 lVa'. Sated N"",~h City of Temecula P!annh~g Department 43180 Bmiaess Park ]::)rive Temectda, CA. 92.590 Water Ava~ability Vesting Tma Map 24187 Dear Mr. Nasseh: Pless~ be advised that the abov~*r~f~ property Ls located within the boundarim of Rsmcho Cslifomia Water District (RC'WD). Water service, therefore, would be available upon com!.,ietic:m of financial arrangements between RCWD and the F,rol.,c, ty owner. Water availability would be contingent upon the Froix;, ty owner signing an Agency AFeement which assigns water management tights, if any, to RCWD. If you have any questiota, please contact Ms. Senga Doherry. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P. E. Manager of Development Engineering II:sj28/FEG cc: Senga Doheny, Eng, meering Teclmician L Ilsli'llNKali&Nnke ~mee lie,4s,l~ · |,'me'~ula**ikl,fm.'e"~j'*vises.*7 · .':: ,;..*,,II1,1 · FiX RTI RIVERSIDE TRANSIT AGENCY 1825 THRD ~, RIVERSDE. CA 92507-3484 · BUS. [714| 684-0850 FAX [714) 6/94-1 D'''~ January 21, 1992 Sled Nlaseh Cly of Temeeula P~rming Depmtment 43174 Business Park Drive Temecul, CA 92590 RE: TT 24187 - rlmvi,~ Atom 23 & 24 The Meadows at Rancho C-t.,la We do not cun,enfiy Ixuvkle sewice to the site mentioned exwe but lasecl on the size of the Pf°jea am'°urovmmml~tluNm gmwth, wem ra~ja_th3UmalxmNrnoutorapad~oralx~ stop be inco,~x,,Je.~ into the genmal design. Ideal s~es for the bus tufftouts would be It the foilwing ins: a. FP~a cofftr of RustJ~'lg PIIkwly nulftici ~,.,.oss f Street "r (Idjlcent to Lot # 4) b. I=tffljd8 cOrtler of Bueckblg PIItwvly MetjiM plq/.-Ol l~ ~ "A" (Idjlc~1 to Lot # 141) If possible. we would 81so like to request that I:edssbian walkw~ys and wheelchak curbs be provided ne,r the turnout locations specified above. I can indjr. ate the exact location for the turnouts as the project progresses. Thank you for the opportunity to review and comment on this project. Your efforts to keep us ulxlated on the status of this request will be very much apCwacimecl. Please let us know when this Should you require additional information or sr,3cirr, alions, please clonl hesitate to contact me. Sincerely, Berjsc PDEV #141 TEMECULA VALLEY U.Ified Scbeel Distdct SUPEIqlNTENDEhrT Pairram I. Novotney. ECLD. BOARD. O: ~DU3ATfOr- D' Davsc _. Rosle VanOemaa- Joan F SparKroE" ue* Walt SWIGKIn brDara May 7, 1992 The City of Ternecula 43174 Business Park 'Drive Ternecula; Ca. 92590 Attention: Mr. Saied Naaseh, Planner Re: Vesting Tentative Tract Maps 24186 & 24188 Dear Mr. Naaseh, Thank you for your inquiry concerning the LandscaPe Development Zones {LDZ) for the above referenced tract maps. As you are aware, the current configuration of these LDZ's severely reduces the acreage available for the school sites due to their required width. Therefore, we would like To take this opportunity to request that the LDZ regulations regarding the width of the landscaping are not enforced for the perimeters of the two (2) school Sites. It is our desire that we work directly with the developer TO establish a compatible landscaping arrangement which this developer can then install at the appropriate time. Thank you for your time and cooperation concerning this matter. Very truly yours, Temecula Valley Unified School District Lettie Boggs Coordinator, Facilities Planning LB:bk cc: Bedford Properties 31350 Rlncho Vista Road / Tefnecul, CA 92502 1 {714) 6762661 PLANNING DEPARTMENT CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract MaID No: 24188. Amendment No. 3, First Extension of Time Project Description: To Subdivide 127.1 acres into 351 Single Family Residential, 26 Open Space Lots. 1 Elementary School Site and 1 Neighberhood Commercial Lot Assessor's Parcel No.: 955-030-002 955-030-003 965-030-004 955-030-006 955-030-007 Approval Date: Expiration Date: The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. Any delinquent property taxes shall be paid prior to recordation of the final maID. Subdivision Phasing shall be subject to Planning Department approval.' Prior to recordation of the final mal~. 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 notes shall be placed on the ECS: Ae Be "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy." "EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." 109 Prior to issuance of nRADING PERMITS the following Conditions shell be satisfied: If the project is To be phased, prior To the approval of grading permits. an overall conceptual grading plan shall be submitted To me Planning Director for approval. The plan shell be used as a guideline for subsequent detailed grading plans for individual phases of development and shell include the following: (1) Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. (3) Preliminary pad end roadway elevations. (4) Areas of temporary grading outside of a particular phase. Be The developer shell provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded sloe easements and .that slope maintenance responsibilities have been assigned as approved by the · Director of Building and Safety. Ce The applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee sat forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of The fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of BUlLhINt- 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 deveioper's successor's-in-imerast provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars (~100) par lot/unit shall be deposited with the City as mitigation for public library development. Be With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and subsequent study dated October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 I. dn and exterior noise levels to 65 Ldn. Ce Roof-mounted mechanical equipment shell not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. S~'TA~Iq~4182ALL.K: 110 The subdivider shall defend, indemnify, and hold harmless the City of TemeCula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 24188, Amendment No. 3, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. Covenants, Conditions and Restrictions/Reciprocal Access Easements: 10, The Covenants, Conditions sod Restric'tions {CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses'of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permi~ 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. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. 11. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1} an undivided interest in the common areas and facilities, or (2} as share in the corporation, or voting membership in an association, owning the common areas aod facilities. 12. Within forty-eight (48) hours of the approval of this project, the apPlicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars {~t875.00) which includes the Eight Huodred, Fifty Dollar {~850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d}(3) plus the Twenty-Five Dollar ($25.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 end 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the aPPlicant/developer has not delivered to the Planning Department the check required S~"TA~I I?.ALL, i~ 111 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23.' 24. 25. 26. 27. above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). A Neighborhood Entry Statement shell be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3.for Streets D, B, E, M, N, W and BB. An Equestrian trail ~hall be cortmructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for south side of Pauba Road. Bicycle trails shall be constructed per Figure 6 of Specific Plan No. 219, Amendment No. 3 along Meadows Parkway, Class I and Streets A, AA, K and Paube Road, Class II. 'Major Community Entry Statemente shell be constructed per Figures 32 and 33 of Specific Plan No. 219, Amendment No. 3 for lot 357. Minor Project Entry Statements ~hall be conmructed per Figures 35 and 36 of Specific Plan No. 219, Amendment No. 3 for lots 364, 365,378 and 354. A Minor. Community Entry Statement shall be constructed per Figure 32 of Specific Plan No. 219, Amendment No. 3 for lot 360. A Project Intersection Entry Statement shell be constructed per Figure 38 of .Specific Plan No. 219, Amendment No. 3 for lots 380 and 369. A Slope Transition Area shall be constructed per Figure 13B of Specific Plan No. 219, Amendment No. 3 for the westerly property line of lot 362 end the northerly and westerly property lines of lot 367. A Landscaped Transmon Area shall be constructed per Figure 13C of Specific Plan No. 219, Amendment No. 3 for the southerly boundary of tot 362. A Community Paseo shall be constructed per Figure 30 of Specific Plan No. 219, Amendment No. 3 for lot 374. A Paseo Entry Statement shall be constructed per Figure 39 of Specffic Plan No. 219, Amendment No. 3 for both ends of lot 374. Roadway landscape treatment shall be constructed per Figure 23C of Specific Plan No. 219, Amendment No. 3 for Butlerheld Stage Road. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street AA. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street A. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for southerly side of Street K. ~wr~,mm~,~L.c 112 28. 29. 30.' Roadway landscape TreaTment shall be constructed per Figure 28 of Specific Plan No. 219, Amendment No. 3 for northerly aide of STreet K except as noted on the map. Roadway landscape Treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Meadows Parkway. Roadway landscape treatment small be constructed par Figure 24 of Specific Plan No. 219, Amendment No. 3 for Paube Road. 31. The Landscape Development Zone (LDZ) along Major Community Street Scenes including Meadows Parkway, Paube Road and Butterfield Stage Road shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette par Section IV.C.1 .b.2.a., b. and c. of Specific Plan No. 219, Amendment No. 3. 32. 33. 34. 35. The LDZs along The project street scenea Streets A, AA and K shall use The plant palette par Section IV.C.1 ,c, 1. of Specific Plan No, 219, Amendment No. 3. The landscaping for lot 357 and 360 shall use the accent trees on the plant palette in Section .IV.C.1 .d. 1. and 2. of the Specific Plan No. 219, Amendment No. 3. GreenbeltPaseo Trees as identified in Section IV.C. 1 .d.4.a. and b. of Specific Plan No. 219, Amendment No. 3 shall be used for lot 374. The plant palette for Evergreen Background Grove Trees par Section IV.C. 1 .d.4.a of Specific Plan No. 219, Amendment No. 3 and the plant palette for Deciduous Accent Grove Trees par Section iv.C. 1 .b.2.a. shall be used for fie landscape buffer zones in lots 362 and 367. 36. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per Figure 40 of Specific Plan No. 219, Amendment No. 3; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Butterfield Stage Road, Pauba Road and Meadows Parkway. 37. Project Masonry Walls and Project View Walls shall be constructed par Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be Constructed' along Streets A, K, AA, D, B (between Street A and Street C, if it does not interfere with access to any lots), E (between STreet K and STreet J, if it does not interfere access to any lots), M, N and W (between Street A and Street Z, if it does not interfere with access to any lots) and BB. 38. 39. 40. S~TAFRIP'T~418dlN,LiK: An Equestrian rail fence shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3 along The south side of Pauba Road. The commercial use landscape requirements shall be consistent with Section IV.C.3.b.1., 2. and 3. of Specific Plan No. 219, Amendment No. 3. The Medium Density Residential landscape re~luirements shall be consistent with Section IV.C.3.d.;1. through 7. of Specific Plan No. 219, Amendment No. 3. 113 41. 42. 43. 45. 46. 47. 48. 49. 50. 51. The accent trees identified in Section IV.C.I.d.3. of Specific Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets AA, K, BB, W, N, M, A, E, B and D. A 25 to 40 foot minimum building setback, as determined in the Plot Plan stage, shell be allowed along the southern and western property lines of lot 362, a minimum of 20 feet of landscaping shall be required within this setback. The plant material palette identified in Section IV.C.I.e. of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. The seed mix for Turf Grass identified in Section IV.C. 1 .e of Specific Plan No. 219, Amendment No. 3 shell be used throughout the project. Comparable sod may be used instead of the seed mix. Planting shall commence as soon as slopes am completed on any portion of fie site and shall provide for rapid short-term coverage of the sloe as well as long-term establishment cover per standards set forth in Ordinance 457.75. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping. This condition applies only if construction of the site does not commence within ninety (90) days of grading operations. A one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shell be subject to the approval of the Planning Department. This bond shell be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. Cut slopes equal to or greater than 'five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shell be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaces not more then ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. Irrigation for the project site shall be consistent with Section IV.C.1 .j. of Specific Plan No. 219, Amendment No. 3. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shell be used along the side yards facing the street for comer lots. The residential lot street tree requirements and front yard requirements shell be consistent with Section IV.C.3.a.1 .,2., and 3. of Specific Plan No. 219, Amendment No. 3. 52. 53. 54. 55. 56. 57. 58, All lighting. within the project shall be consistent with Section IV.C.5 of Specific Plan No. 219, Amendment No. 3. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 {Section IV). .All future development within this project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. The amenities and standards identified in Section III.A,7,a. and b. of Specific Plan No. 219, Amendment No. 3 for perks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt peseos and parkway peseos shall be used for developing these areas or as modified by the Planning Application No. 92- 0013 {Development Agreement). Maintenance and timing for completion of all open space areas shall be as identified in Planning Application No. 92-0013 (Development Agreement}. A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. A conceptual landscape plan shall be submitted to the Planning DePartment prior to recordation of the Final Map for review and approval. The following needs to be included in these plans: Typical front yard landscaping for interior, corner and cul-de-sac lots. Typical slope landscaping. Private and public park improvements and landscaping. All open space area landscaping including, private and public common areas, private recreational areas, paseos, equestrian trails, monuments and Landscape Development Zones. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping. fences and walls. The timing for installation of all landscaping walls and trails shall be identified prior to approval of these plans. The responsibility for installation of all landscaping and 'walls shall be identified. All private olden space areas that will not be dedicated to the City as identified in the:Development Agreement shall be developed as an integrated part of the open space lot that they are a part of and shell be consistent with the provisions of the Specific Plan. 115 Fifty {50) percent of all Trees planted within the project shall be a minimum of Twenty four {24) inch box. The landscape plans proposed for each phase shall incorporate The fifty (50) percent mix of twenty four (24) inch box trees into the design. A note shall be placed on The conceptual landscape plans That all Trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on The construction landscape plans and shall be screened as specified on this condition. The plant heights at sensitive locations for traffic safety shall be subject To The approval of The Public Works i:)epertment. The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. 59. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 {Development Agreement). 60. If the Gnatcatcher is listed as an endangered species, 'proper studies and mitigation measures shell be necessary prior to issuance of grading permits, These studies and mitigation measures shall be acceptable to Fish and Game and/or fish and Wildlife. 61. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992. 62. All Parcels in Planning Areas 25 and 26 that abut a portion of Butterfield Stage Road that are designed with a Landscape Development Zone {LDZ) of. less than 32 feet shall be developed with single story single family dwellings. OTHER AGENCIES 63. The applicant shall comply with the environmental health recommendations outlined in the County Health DepertmenT's transmittel dated October 6, 1992, a copy of which is attached. 64. The applicant shall comply with the flood control racomrnendations outlined in the Riverside County Rood Control Diatrict's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to'Section 10.25 of City of Temecula Land. Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. S~ST,AFF!I~T~4 112A/,L. PC 116 65. The aPplicant-shall comply with the fire improvement recommendations outlined in the County Fire DepartTnent's letter dated October 15, 1992, a copy of which is attached. 66. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittel dated January 23, 1992, a copy of which is attached. 67. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittel date January 21, 1992, a copy of which is attached. 68. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittel dated January 21, 1992, a copy of which is attached. 69. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittel dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 70. All proposed cormt'ruction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department CI'CSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with u met forth below, or as modffied by separate Development Agreement. All cluastions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD.. Prior to Recordation of Final 71. 72. 73. 74. Proposed community park sites of less then three (3) acres are to be maintained by an established Home Owners Association (HOA). Community park sites of (3) acres or greater shall be offered for dedication to the City of Temecula, Community Services Department (TCSD) for maintenance purposes following compliance to existing City standards and completion of an application process. All proposed slopes, open space, and park land intended for dedication to the TCSD for maintenance purposes shell be identified on the final map by numbered lots and indexed to identify Mid lot numbers as a proposed TCSD maintenance area. Exterior sloes (as defined as: those slopes contiguous To public atreets that have a width of 66' or wider), shell be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application process. All mr slopes shall be maintained by an established Home Owners Association (HOA). S'~,STAFilBliq'~4182N,L. ii, C 117 75. Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater shall be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. 76. Prior to recordation of final map, The applicant or his assignee, shell offer for dedication perkland as identified in the Development Agreement. 77. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative'map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordation of final map. 78. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. 79. All areas identified for inclusion into the TCSD shell be reviewed by TCSD staff. Failure-to submit said areas for staff review prior to recordation of final map will preclude their inclusion into the TCSD. 80. If the City Engineer determines that the project's street improvement bond is insufficient to cover the parkway iandscaDing and irrigation improvements, the developer shall, prior to recordation of final map, post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteeing the viability of all landscaping installed prior to the acceptance of maintenance responsibility by the TCSD. Prior to Iss,,-nce of Certificate of Occuoancv(s) 81. It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, i~s zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report; Said disclosure shall be made in 8 form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 82. Prior to issuance of any certificates of occupancy, the developer or his assignee shell submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the hnal project. m~T~.2NJ,.C 118 General 84, All landscape plans submitted for consideration shall be in conformance with CITY OF TEIVIECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES SPECIRCATIONS. AND The developer, the developer's successors or assignee, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. PUBLIC WORKS .DEPARTMENT Department of Public Works Conditions of Approval for: Vesting Tentative Tract 24188 - Paloma Del Sol The following are The Depertrnent of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of: the Department of Public Works. It is understood that the Developer correctly shows on the tentative map or site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. GENERAL REnUIREMFNTS 85. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 86. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 87. A copy of the grading and improvement plans, along with supporting hydrologic ~nd hydraulic calculations shall be submitted to the Riverside County Rood Control District for approval prior To recordation of the final map or the issuance of any permits. 88. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. swr,~4~ea~u.,c 119 89. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is pan of an existing Assessment District must comply wi~h the requirements of said section. PRIOR TO ISSUANCE OF GRADING PERMITS: 90. The final grading plan shall be Prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 91. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. 92. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. 93. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: · · · · · · · San Diego Regional Water Quality; Riverside County Rood Control District; Planning Department; Department of Public WorM; General Telephone; Southern California Edison Company; and Southern California Gas Company, 94. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check, The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 95. 96. An erosion control plan shall be prepared by a registered civil engineer and submitted the Department of Public Works for review and approval. Graded but undeveloped land shall be maintained in a weedfree condition and shell be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 97. 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 Rood Control District prior to issuance of permits, If the full Area Drainage Plan fee or mitigation charge has been already credited to this pr0party, no new charge needs to be paid, 98. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. 120 99. 100. 101. 102. 103. 104. PRIOR 105. 106. A drainage study~hall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: Drainage and flood protection facilities which will protect all structures by diverting site runoff to erects or approved storm drain facilities as directed by the DeparTment of Public Works. Identify and mitigate impacts of grading to any onsite and offsite drainage courses. Ce The location of existing and post development l O0-year floodplain and floodway shall be shown on the improvement plan. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Depertrnent of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adecluste facilities as approved by the DeparTment of Public Works. 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. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverTed storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. A permit from Riverside County Flood Control District is required for work within their right-of-way. TO THE ISSUANCE OF ENCROACHMENT PERMITS: All necessary grading permit requirements shall have been submitted/accomplished to the satisfaction of the Department of Public Works. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting. drainage facilities and paving shall be prepared by a Regimered Civil Engmeer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works.. S"Tm.~,~U.,C I 21 107. 108. 109. 110. 111. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: Ae Flowline grades shall be 0.5% minimum over P.C.C. end 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401. {curb end sidewelk). Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works, Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401, Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise 'approved by the Department of Public Works. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works, All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All concentrated drainage directed towards the public street from the commercial site shall be conveyed through undersidewalk drains. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. Improvement plans per City Standards for the private streets or drives within the commercial site shall be required for review and approval by the Department of Public Works. All driveways shall conform to the applicable City of Temecula standards and shell be shown on the street improvement plans in accordance with City Standard 207 and 208. All driveways shall be located a minimum of two (2) feet from the side property line. 112. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as reauired, and designed and constructed in accordance with City Codes and the utility prorider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 113. 114. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. A construction area traffic control plan shall be designed by a registered Civil Engineer .and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO RECORDATION OF FINAL MAP: 115. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, traffic signals and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems. F. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. 116. As deemed necessary by the Department of Public Works, the developer shell receive written clearance from the following agencies: s~"r AFFIIPT~4 112AU..PC: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control District; City of Temecula Fire Bureau; Planning Department: Department of Public Works; Riverside County Health Department; CATV Franchise; CalTrane; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southern California Gas Company 123 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. Pedestrian access with sidewalk shall be provided from the cul-de-sac terminus of Streets "F", "O", "R", "S", "U', 'W", "X" and "Z" through the open space and paseo areas to adjacent streets. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from ell encumbrances as approved by 'the Department of Public Works. Streets "B" up to Street "C", "D", "E" between Streets "J" and "K", "M", "N", "W" up to Street "Z", "AA" and "BB" shell be improved with 50 feet of asphalt concrete pavement with a raised 1 O-foot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A {70'/50'). All remaining interior local streets shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 1 {)4, Section A (60'/40'). Street "A", "K", "L" and "AA" shell be improved with 44 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 103, Section A (66'/44'). Pauba Road Shall be improved with 32 feet of half street improvement plus one 12- foot lane, or bonds for the street mrnprovements may be posted, within an 88-foot dedicated right-of-way in accordance with City Standard No. 102, (88'/64'). Meadows Parkway shell be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the street improvements may be posted, within the dedicated right-of-way m accordance with City Standard No. 101, ( 100 '/76 '). Butterfield Stage Road shall be improved with 43 feet of half street improvement with a raised median, plus one 12-foot lane outside the median turn lane, or bonds for the street improvements may be posted. within the dedicated right-of-way in accordance with City Standard No. 100, {110'/86'). In the event that the required access improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required access improvements per applicable City Standards. All Assessment D,stnct No. 159 improvements necessary for access to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement w~th the City of Temecula for construction of all offsite improvements necessary to serve the development as deemed appropriate by the Department of Public Works. 127. 128. CuPde-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. Left turn lanes shall be provided at all intersections on Street "A" , Street "K" , Pauba Road, Butterfield Stage Road and Meadows Parkway as directed by the Department of Public Works. 129. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the final map for. recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the Cit~/prior to commencement of the appraisal. 130. Vehicular access shall be restricted on STreet 'A" , Street 'K" , Street "AA", Butterfield Stage Road, Pauba Road and Meadows Parkway and so noted on the final map with the exception of street intersections, across the elementary school site frontage and two entry points for the commercial site as shown on the approved Tentative Map and as approved by the Department of Public Works. 131. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Street "A", "K", "L", "AA", Butterfield Stage Road, Pauba Road and Meadows Parkway and shall be included in the street improvement plans. 132. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Butterfield Stage Road at Street "K" and shall be included in the street improvement plans with the second plan check submittal. 133. Traffic signal interconnection shall be designed by a registered Civil Engineer to show 1-1/2" rigid conduit with pull rope, and #3 pull boxes on 200-foot. centers along the property fronting Butterfield Stage Road. This design shall be shown on the street improvement plans and must be approved by the Department of Public Works. 134. Prior to designing any of the above plans, contact Trenspor~ation Engineering for the design requirements. 135. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public WorM. 136. Corner property line cut off shall be required per Riverside County Standard No. 805. 137. Easements for sidewalks for public ms shall be dedicated to the City where sidewalks meander through private property. 138. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, 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 for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." 139. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 140. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 141. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works 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. 142. Prior to recording the 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 BUILDING PERMIT: 143. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civit Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 144. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County Geologist, dated May 15, 1989. 145. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, S~TA~'r~"T~4~aU~L.C 126 developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed 810,000. Developer understands that said Agreement may require the payment of fees in excess of those now estim.ated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 146. All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. 147. All signing and striping shall be installed per the approved signing and striping plan. 148. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. 149. All traffic signal interconnection shall be installed per the approved plan. 150. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 151. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. 152. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'/32'). 153. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. 154. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer .shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. s,.s"r.e. m4'~_.,.u_,c 127 County of Riverside HEALTH SERVICES AGENCY TO: FROM: RE: C I TY OF TEI~CULA DATE: 10-06-92 Health Specialist IV TRACT MAP N0. 24188, FIRST EXTENSION OF TIME Department of Environmental Health has reviewed the First Extension of Time and has no objections. SM:dr KENN;TH L. EDWARD; 1995 ~ITREET P.O. BOX 1033 RIVERSIDE. CA B2.502-1033 C714)'2?5-12CX:) C),I,4.)'711-BOeS!rAX RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT October 22, 1992 City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Attention: Saied Naaseh Ladies and Gentlemen: Re: RECEIVED Tracts 24182, 24184, 24185, 24186, 24187 and 24188 · 1st Extensions of Time The District has no objection to the proposed' extensions of time for the above referenced projects. SEM:slj sm11022a.sub Very truly yours, DUSTY WZ LLIAHS Senior Civi 1 Engineer t --' ! RIVERS E COUNTY 7~~~ FIRE DEPARTMENT 210 WE,~r ~AN IACINT~ AVRNTJE * PBRRIS, Ca. LT]2GILWlA g2.TK) ' . C"n4) asT-3m3 REF: F.'L=.t ExCanaloa uf Thae ATT~: $ml=~ ~aameh i The ~/vermide Coun=y ~lre DeparEms~t has no co=sente Jot the FiTs: Ex:enslon of T;qe fo~ Yeaflu2 Tsnta:=ve TzacC ~p N~ezs 24182, 2~1~, 2418~, 2~186, 2~187, 24/88, Specific ?l~ No. 219, Pal~ Dal Sol, ~s~enc No. 3 a~ Devel~t qreenc 92-2. ;- Any :omnen~s or quasci~ns can be dllscced to the live=s~ds County FiTs Deplrmen=, Flannln2 s~d lnl~neeri~2 Office. Ch/af ~ire Deparman= Flanne= pf ~kNl~lm'l !l~qlnN qi~k!t.%.llll ~JAN 2 7 1992_ 3anua~ 23, 1992 Development Review 0e-Riv-79-16 - 0/17.38 Your Reference: TTM'S 24184 thru 24188 Planning De~t City of Temecula City Ball 43174 Business Park Drive Teme~tla, CA 92590 . Thank you for the opportunity to review the.proposed Tentative .Tract Maps 24184 through 24188 located north of Highway 79 between Butteffield Stage Road end Margarita Road in Temecula- Please refer to the attached material on which our co~eenta have been indicated by the items checked end/or by those items noted under additional comments. If any work is necessary within the State highway right of way, the developer must obtain an encroachment permit from the Caltrans Districts Permit Office prior to beginning work. Please be advised that this is a conceptual review only. Final approval of street improvements, grading end drainage will be determined during the Encroachment Permit process. If additional information is desired, please call Mr. Steven Wisniewski of our Development Review Section at '(714) 383-4384. Very tr~lly~.urs, . Attachment neC Date: January 23, 1992 Riv-79-16.0/17.38 (Co-Rte-PM) TTM~s 24184 - 24188 (Your Reference) ADDITIONAT. CO~w~-NTS: We recommend that T. he developer participa=e in the Rancho Villages Assessment District No. 159 to mitigate the traffic and/or drainage impacts generated by ~hese proposals. Improvemen=s to Highway 79 should be coordinated before or with developmen= of these trac~s. We would like to see a Hydrolog-//Hydraulics Report for the entire development bounded by Butterfield S~age Road, Nargari=a Road and State Rou=e 79, including Grading and Drainage plans. January 21, 1992 lV[r. Saied Naaseh City of Temecula plnnning Department 43180 Business Park Drive Temecula, CA 92590 Water Availab~ity Vesting Tract Map 24188 Dear Mr. Nass~h: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questiota, please conma Ms. Senga Doherty. Sincerely, RANCHO CALIFORNIA WATrc-R' DISTRICT Steve Brannon, P. E. Manager of Development Engineering SI:eJ28/FEG cc: Senga Doherty, Engineering Technician 2r41~l l~:a:,i~,aC. * I'.-'iltlic/h"'~d;L: * l~na'~ui"'t"ahlre'na'w'~'t'w"mtl7 * .;14.,:'.~1111: · -/ TA RIVERSIDE TRANSIT AGENCY 18~5 THII~ ~ · RIVERSIOE. CA 92507-3484 · BUS. [714) 684-0850 FAX [714] 8E~I OD7 January 21, 1992 Saied Naaseh City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 RE: 'R' 24188 - Planning Areas it 25, 26, 27, 28 & 28 The Meadows at Rancho California Dear Saied: We do not currently provide service to the site mentioned above but based on the size of the project and our own plans for future growth, we are requ~'--ting that a bus turnout or a pad for a bus mop be ramorated into the general design. Idea sites for the bus turnouts would be at the tollowing ins: a. Southside corner of Pauba Road farside Buecking PadNtay (adjacent to lot it 243) b. Westside comer of Butterfield Stage Road farside Pluba Road midblock of the proposed Neighborhood Commercial Comer c. Westside comer of Butterfiled Stage Road farside proposed Street "K" (adjacent to Lot 54 & ,55) ff possible, we would also like to request that pedestrian walkways and wheelchair curbs be provided near the turnout locations specified above. I can indicate the exact location for the turnouts as the project progresses. Thank you for the opportunity to review and comment on this project. Your efforts to keep us ulxlated on the status of this request will be very much appreciated. Please let us know when this project wig be completed. Should you require additional information or specirr, ations, pease don't hesitate to contact me. Sincerely, Batam A. Bray Transit Planner PDEV it146 RECEIVED HAY 12 199 TEMECULA VALLEY Unified School District SUPERINTENDENT Pttnm B~ Novotney, Ed.D. May 7, 1992 The City of Temecula 43174 Business Park Drive Temecula, Ca. 92590 Attention: Mr. Saied Naaseh, Planner Re: Vesting Tentative Tract Maps 24186 & 24188 Dear Mr, Naaseh, Thank you for your inquiry concerning the Landscape Development Zones (LDZ) for the above referenced tract maps. As you are aware, the current configuration of these LDZ's severely reduces the acreage available for the school sites due to their required width. Therefore, we would like to take this opportunity to request that the LDZ regulations regarding the width of the landscaping are'not enforced for the perimeters of the two (2) school sites. It is our desire that we work directly with the developer to establish a compatible landscaping arrangement which this developer can then install at the appropriate time. Thank you for your time and cooperation concerning this matter. Very truly yours, Temecula'Valley Unified School District Lettie Boggs Coordinator, Facilities Planning LB:bk cc: Bedford Properties 31350 Rancho Vista Road / Ternecula, CA 92592 / (714) 676-2661 :.Cd ATTACHMENT NO. 3 EXHIBITS S%STAFFRPT~4182AU..PC 128 CITY OF TEMECULA CASE NO.: Specific plan No. 219, ,Amendment No. :3 E~gHIRIT: A -' P.C. DATE: November 16, 1992 SITE SWAP - Exhibit B SITE CITY OF TEMECULA ~-, 40 . ZONING - Exhibit C : Case No.: Specific Plan No. 219, Amendment No. 3 P.C. Date: November 16, 1992 Designation: ,,. R,l Desknation: Specific Plan specmc man r CITY OF TEMECULA CASE NO.: Specific Plan No. 219, Amendment No. 2 ExmBrr: D -' LAND USE PLAN P.C. DATE: November 16, 1992 CITY OF TEMECULA Ir CASE NO.: Vesting Tentative Tract Map No. 24182, Amd. 3, 1st EOT ExmBrr: E~ : SITE PLAN P.C. DATE: November 16, 1992 CITY OF TEMECULA CASE NO.: Vesting Tentative Tract Map No. 24184, Amd. 3, 1st EOT EXHTRIT: E2 P.C. DATE: November 1(~, 1992 SITE PLAN CITY OF TEMECULA CASE NO.: Vesting Tentative Tract Map No. 24185, Amd. 3, 1st EOT EXIHRIT: F_,3 P.C. DATE: November 16, 1992 SITE PLAN CITY OF TEMECULA , L CASE NO.: Vesting Tentative Tract Map No. 24186, Amd. S 1st EOT EXIHBIT: FA P.C. DATE: November 16, 1992 SITE PLAN CITY OF TEMECULA ,/ CASE NO.: Vesting Tentative Tract Map No. 24187, Amd. 3, 1st EOT E~IT: E5 ' SITE PLAN P.C. DATE: November 16, 1992 CITY OF TEMECULA CASE NO.: EXIHRIT: E6 P.C. DATE: November 16, 1992 Vesting Tentative Tract Map No. 24188, Amd. 3, 1st EOT SITE PLAN ATTACHMENT NO. 4 ADDENDUM TO EIR NO. 235 S%STA~%'~"T~4112ALLPC 129 ADDENDUM TO ENVIRONMENTAL .IMPACT REPORT NO. 235 Environmental Impact Report No. 235 was certified by the Riverside County Board of Supervisors on September 6, 1988 for the development of Specific Plan No. 219. The items discussed in that EIR included: seismic safety, slopes and erosion, wind erosion and blowsand, flooding, noise, air quality, water quality, toxic substances, open space and conservation, agriculture, wildlife/vegetation, mineral resources, energy resources, scenic highways, historic and prehistoric resources, circulation, water and sewer, fire services, sheriff services, schools, parks and recreation, utilities, solid waste, libraries, health services, airports and disaster preparedness. Furthermore, mandatory CEQA topics included: cumulative impact analysis, unavoidable adverse impacts, alternatives to the proposed project and growth inducing impacts of the proposed action. The proposed project includes: A Development Agreement between Bedford Development Corporation and the City of Temecula for a ten year period, to collect development fees; receive credit for Quimby Act requirements by developing and dedicating public parks and open space, and timing of improvements to an amendment to Specific Plan No. 219 to add an eight acre park to Planning Area 6, to make the Specific Plan consistent with the East Side Maps and to make all the sections of the Specific Plan consistent with each other; to create 443 single family residential, 21 open space and 4 multifamily lots (Vesting Tentative Tract Map No.' 24182, Amendment No. 3), 198 single family residential, 12 open space' lots (Vesting Tentative Tract Map No. 24814, Amendment No. 3), 351 single family residential, 18 open space lots (Vesting Tentative Tract Map No. 24185, Amendment No. 3), 445 single family residential, 14 open space and 1 elementary school lot (Vesting Tentative Tract Map No. 24186, Amendment No 5), 363 single family residential, 10 open space lots (Vesting Tentative Tract Map No. 24187, Amendment No. 3), 351 single family residential, 26 open space, 1 elementary school, and 1 neighborhood commercial lots (Vesting Tentative Tract Map No. 24188, Amendment No. 3) The addition of the Development Agreement does not change the physical impacts identified in the EIR since it just deals with collection of fees, improvements to parks and dedication of parks to the City for maintenance purposes. Furthermore, the amendment to the Specific Plan does not change the physical impacts identified in the EIR since the changes in the Specific Plan are limited to insignificant changes to graphics and, insignificant changes to the text and addition of an 8.0 acre park to Planning Area 6. No additional units are proposed with this amendment. Additionally, the approval of the First Time Extensions for the east side maps (Vesting Tentative Tract Map 24182, Amendment No. 3; Vesting Tentative Tract Map 24184, Amendment No. 3; Vesting Tentative Tract Map 24185, Amendment No. 3; Vesting Tentative Tract Map 24186, Amendment No. 5; Vesting Tentative Tract Map 24187, Amendment No. 3; Vesting Tentative Tract Map 24188, Amendment No. 3) does not change the physical impacts identified in the EIR since the east side maps are all consistent with the Specific Plan and all mitigation measures have been incorporated into their design or have been conditioned for them. As described above, the proposed project does not change any of the impacts identified in the EIR; therefore, an addendum to EIR No. 235 is deemed appropriate by applicable section of CEQA for this project. s~r~r+emz4~eua. L~ 130 ATTACHMENT NO. 5 PLANNING.COMMISSION STAFF REPORT, DIRECTION ON EAST SIDE.MAPS APRIL 20, 1992 S'~,STAFFIqPT~24182AL,LPC 131 MEMORANDUM TO: FROM: DATE: S~: Plnnning Commi-~sion Gary Thornhill, ~ of plnnning April 20, 1992 Paloma Del Sol, Past Side Mnps, Extensions of Time, Vesting Tenthrive Tract M_~,s 24182, 24184, 24185, 24186, 24187, 24188 This item has been brought forward for plnnning Commission review and discussion as an informational item and requires no action at this time. Staff is requesting input and direction from the Planning Commission on issues that the applicant and Sniff have not come to. an agreement on. Af~ receiving input from the pinnnlng Commission, Slnff will work with the applicant on these issues and the tentative maps will be revised and the Extensions of Time will be brought back to Planning Commission as Public Hearing items for further consideration. BACKGROUND The Riverside County Board of Supervisors appwved the ~ast side maps on September 26, 1989. These maps were due to expire on September 26, 1991 and the applicant ~ed timely extamion of time requests with the City on August 27, 1991. Since that time the applicant and Stuff have been negotiating on parks and open space issues and a Memoraudum of Understanding (MOU) was appwved by the City Council on January 31, 1992 to address those issues (refer to Attachment No. 1). A Development Review Committee (DRC) was held on January 30, 1992 and Staff's comments were mailed to the applicant on February 25, 1992 at the DRC meeting, the applicant was informed of inconsistencies between the maps and the Specific Plan. The applicant responded to Staff's comments on March 9, 1992 at a meeting at City Hall. In that meeting the applicant agreed to comply with most of the issues raised by Staff. However, some issues xtmmain unsolved and Stuff and the applicant have not come to an agreement on how to resolve these issues to bring the maps into conformance with the Specific Plan. As a result, this item has been brought forward to Phnning Commi.~sion to identify the issues that remain unsolved. Staff requests direction on how to solve the remaining issues. swrAx,m,r~suv~.~ 1 DISCUSSION While reviewing these maps, it was brought to Staff' s attention that final maps had already been engineered and are almost ready to be recorded. It should be stressed that staffs review was a result of the direct interpretation of the Specific Plan and was not an objective review and did not reflect Staff s personal preferences. The following section identifies the inconsistencies of these maps with the Specific Plan and it also points out Staff recommendations and the applicant's position on each issue. INCONSISTENCIES OF ~ MAPS AND ~ SPECIFIC PLAN. Acoustical Stud~ All the tracts were condi~oned by the County to submit an. Acoustical Study prior to issuance of building permits and mitigate interior noise levels W 45 Ldn. The ceffified ~ indicates that in addition w interior noise level miU'gation, further mitigation is necessary to reduce the exterior noise levels W 65 Ldn. The BIR indicates the requirement of this study at a more defiled stage of development if it is deemed n~.~.~ by the County (refer to Attachment No. 2). Staff feels the study should be done prior w approval of the extensions of time for these maps, since the BIR in6ic~te~ the 65 Ldn conWurs lines extend approximately one hundred and fifty (150) feet from the ROW. This requirement might result in redesi~ing the tract maps or making some lots unbuildable. On the other hand, ff the study is required prior to issuance of building permits the mitigation measure could include substantially higher walls than is desirable in the City. Staff Recommendation An Acoustical Study needs to be prepared prior to approval of the Extensions of Time and the mitigation measures need to be inwrponued in the project design to reduce the' exterior noise levels to 65 Ldn and the interior noise levels to 45 Ldn. Applicant's Position The applicant wishes w submit the study prior to issuance of building permits. S,'houl Sits The School Digrict requires a minimum of tell (10) net acres for school sites. There are two (2) school sites on Tracts 24186 and 24188 (refer to Bxhibit B). These sites are ten (10) acres net; however, the LDZ's on both sites have not been shown on the maps. When the area of these LDZ's are deducted from the sites, sites become unsccepmble. to the school district. There is specific language. in the Specific Plan that ff the school sites are not accepted by the school district the sites wffi be developed as Single Family Dwellings. ** S~TAPPaPT~!I~'DLPC 2 Staff has contacted the School District on this issue and they have indicated that Mesa Homes has signed an a~reement with the School District w pwvide ten (10) net acres for these school sites. Staff Recommendation The tentative maps need to be redesigned by eliminn~ng some lots to provide the school district with two ten (10) net acre sites. Applicant's Position The applicant wishes to waive this requirement by mending ~e Specific Plan. Landscape Development 7rune fl,r}Z's) The LDZ's are defined as a landscaped area extending from face of the curb outward; therefore, they include a portion of the right-of-way. The LDZ's are required along all anerini.~ (66 feet ROW) and larger streets. Most of the maps approved by the County did not meet the Specific Plan requh'ement for LDZ's; however, the applicant has agreed W revise all of the maps W comply with the Specific Plan requirements with the exception of the LDZ for Butterfield Stage Road on Tract 24188. The required LDZ for Butterfield Stage Road is thirty two (32) feet (refer to Exhibit C) which includes twelve (12) feet in the ROW and twenty (20) feet outside the ROW. The minimum LDZ shown outside the ROW on Tract 24188 is ten (10) feet which consistently accrues all along the west side of Butterfield Stage Road. (Refer W Exhibit D). The Cwwnhill Map (Tract 23143) had the same requirement for the LDZ along Butteffield Stage Road. Their map which is in review for a Second Extension of Time did not meet this requirement either. They have agreed to redesign their map to bring it into conformanee with the required thirty two (32) feet of LDZ. It should be noted that the Paloma ])el Sol maps are further along in the plnn check process than the Crownhill Map. Staff Recommendation The Butterfield Stage Road LDZ (32 feet) needs to be reficaed on the tentative maps as required by the SpeCific Plan. Applicant's Position Twenty two (22) feet of landscaping is sufficient along Butterfield Stage Road. The ten (10) foot increase in the LDZ wffi not create a noticeable difference in the street scape. The cost of re- engineering the map.will not be economically feasible. Therefore, the Specific Plan will need to be mended to allow the reduction of the LDZ to twenty two (22) feet. S~'T~Ii2VTM.PC 3 ATTACHMENT NO. 6 PLANNING COMMISSION MINUTES APRIL 20, 1992 S~TAFFRPT~4182AL.LPC 132 for hardship cases, such as the effect the road construction will have on the businesses along the Ynez Corridor. The motion was carried unanimously. NON PUBtiC w~.sd~TNG TTw~ - WORKSWOP g. Request fro-the PII~4~c Stiff to receive direction from exte~smo~s of t4me for the mast side maps. bounded bv · a,,~ Road. ~utte~4e3d 8taae Road. Meadows Parkway and wmahwav 79 South, Saied Naaseh presented the Staff Report and asked applicant's representative to give an overview of plan. Barry Brunnell, TSB Planning, 3242 Haliday Street, Santa Aria, representing the applicant, requested the Commission's comments pertaining to the following unresolved issues: ACOUSTTC~x. STUDY: After discussion, the Commission unanimously agreed with staff's recommendation that the acoustical study be prepared prior to approval of the Extensions of Time and mitigation measures be incorporated into the project design. SCHOOT. STT~S: After discussion, Commissioners Chiniaeff, Fahey, and Chairman Hoagland, agreed to deletion of the requirement for landscape development zone (LDZ) along the front of the school site, with acceptance of this-deletion in writing from the school district. Commissioners Blair and Pord were not in agreement and voted to retain the LDZ along the front of the school sites.. TaNDSCAP~. D~)PPr~NT ZON~.S (T.DZ' S) After discussionby the Commission, it was suggested that single story homes be constructed on the lots adjacent to the area's that do not meet the LDZ requirement. qvP~FFTC STGN~T.~ It was the consensus of the Commission t hat the applicant comply with staff's requirements for traffic signals. PCMIN4/06/g2 -7- 4log/g2 ATTACHMENT NO. 7 CITY COUNCIL STAFF REPORT, MEMORANDUM OF UNDERSTANDING AUGUST 11, 1992 APPROVAl. CITY ATTORNEY FINANCE OFFICER cITY __AG CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: City Attorney DATE: August 11, 1992 SUBJECT: Approval of Memorandum of 'Understanding Regarding Paloma Del Sol RECOMMENDATION: That the City Council approve the attached Amended Memorandum of Understanding ("MOU") regarding.Paloma del Sol. DISCUSSION: Last January, the Council approved a MOU with Bedford addressing Quimby and Development Impact Fees for Paloma del Sol. A copy of the earlier Staff Report and MOU is attached. The material changes from the earlier MOU are as follows: 1. The original MOU provided that Bedford would dedicate to the City two parks: one was 7.44 acres located in Tract 24186-4 (Lot 1 ); the other was 7.74 acres located in Tract 24133-2 (Lot 114). These parks were to have "active" improvements (i.e., ballfields with lighting, restrooms, and parking.) However, subsequently, the Homeowners Association in Paloma del Sol objected to the second 7.74 acre ConseQuently, Bedford has proposed amending the MOU to substitute an 8 acre, active park in Planning Area 6, in lieu of the City, but it would only be developed as a "passive" park. The addition of the 8-acre park will require an amendment to the Specific Plan. 2. The Specific Plan for Paloma del Sol indicates that 590 units are allowed in Planning Area 6, with a target density of 15.6 dulac. Despite the addition of an 8-acre park into Planning Area 6, Bedford will still seek to retain the 590 units, albeit at the higher target density of 19.8 du/ac, This potential issue will be resolved in the Specific Plan Amendment. 3. The other significant change in the Amended MOU is that the earlier MOU provided up to a $1 Million credit for each of the active parks against future impact fees. The credit is based upon the cost of the improvements. The Amendment permits up to a $2 Million credit for the two active parks jointly. eOdrpt/OI 1192 - 1 - Agenda Report MOU - Palama Del Sol Page Two It is recommended that the Council approve the Amended MOU. FISCAL IMPACT: · Up to $2 Million Dollars in Development Fees credited to Bedford · Potential to increase Impact Fees To City from Development Agreement to $3,000/unit, but combined City/County fee of $4,7001unit Potential liability to county of one half of $2,100/unit · ATTACHMENTS: 1. $2,600/unit under County offsetting reduction from Amended MOU with Map showing location of "active" parks and M0U and Amended MOU Staff Report to original MOU Original MOU eOdfpt/081192 -2- RESTA~ AND AMENDMENT OF MEMO~~ OF UNDERSTANDING B~ CTFY OFTEMECULA and BEDFORD DEV!~O~ COMPANY and MESA HOIVI~-~ (Park Fees) 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 13. 14. 15. 16. 17. 18. 19. 20. Amend Development. Agreement ............................. d Eas~de Tract Maps .................................... 5 Cost of Litigation ...................................... 5 6 Public Facilities Fees Shortfall ...... ........................ Reimbursement of Fees ................................... 6 Parks, Greenbelts and Paseos ............................... 6 Main R~Teation Areas ................................... 7 R=maining Open $pao= Axeas ............................... 8 Timing of Park Im~erxts and Trantf=r to City .................. 8 Fee Credits .......................................... 9 Standstill Agreement .' ................................... 9 Park Fee Obligation ..................................... 10~..~ Jurisdiction and Attorneys' Fees .. ............................ 10 Severability .......................................... 10 10 Entire Agreement ............................. . ......... Construction ......................................... 10 Amendment of Agreement .................. : .............. 11 Time of the Essence .................................... 11 NoPrecommitment ..................................... 11 Pay Under Protest ...................................... 11 Superseding .......................................... 11 Countezpaz~ ................................... ' ...... 12 07-~ sllzl.-oao&9 MAP OF PARKS, PASEOS, GI~TF:-NB~'T-TS I)7-)0-9Z 1ZIZ1-OOO&9 RESTA~ AND. AIvn::-ND1V~::-NT OF ]VIT;-M ORANDUM OF UNDI:RSTANDING (Quimby Park Fees) This Remtemmtt and Amendmeut of Memorandum of Understanding ("M OU") is entered into by and betwecu the City of Temecula ("City") and Bedford Development Company and Mesa Homes (colleaivcly "Bedford') to be cffcctivc on August 11, 1992, with reference to the following: EIClTAL, S A. City and Bedford have entered into a Memorandum of Understanding effective January 31, 1992. City and Bedford wish W restate and amend the Memorandum of Understanding W modify camin pwvisions due to changed circumsmccs. B. :Pursuant to Califoruia Governrecur Code Sex:tim 65864, ~ ("Development Alp, ccmcut Statutes"), Bexifoxd and the County of ltiverside ("Couuty") entered into Dcvelopment Agreement No. 4 x~orded in the Official Records of Riverside County on November 7, 1988, as Instrument No. 325513 (*Development Agreement*). C. The Development Agreement encompasses a project formerly locaXexl within County appwved Specific Plan No. 219 ("Spccific Plan") known as "Paloma del Sol", a mixed use subdivision project to be developed on pxopr~ty owned'by Bedford which bccarnc a pan of the municipal boundaries of thc City when the City incorporaxed on Dcccmber 1, 1989. D. Pursuant to the provisions of the Development Agreement Statutes, the City bccamc the successor-in-intent, st to thc County under thc Dcvelopment Agreement upon incorporation of the City. E. A dispute has arisen between the City and Bedford over the mount of fees or land dedication for park or recreational purposes Bedford is required to providc w City as allowed. under Section 66477 of the California Govexnment Code (*Quimby Park 01r-H 1~-00069 F. On May 20, 1987, the County amcrtded Ordinance No. 460 authorizing the imposition of Quimby Park Fces. Ordinance No. 460 required adoption of an implementation re, solution desigrmdng a recipient of the Quimby Park Fees. On June 28, 1988, pursuant to Resolution No. 88-218, the County designated CSA 143 as the recipient of Quimby Park Fees subject to the adoption of a master plan. On June 27, 1989, pursuant to Resolution No. 89-331, the County adopted a master plan for CSA 143, establishing the Quimby Park Fees at three (3) acts per 1,000 new residents ("County Park Fee Standard"). G. Pursuant to Resolution No. 99-fi3, adoptsd on May 8, 1990, City has adopted Quimby Park Fees of five (:5) acres of land for parks and recreational purposes, or payment of fees in lieu thereof, for every 1,000 people to reside in the proposed subdivision ("City Park lee Sumdanl"). H. The City interprets the Development Agreement to panfit the imposition of increas~ Quimby Park Fees co..,putul on the City Park Fee Standard and has required Bedford to pay Quimby Pzxk ln~s bsssd on ths ~ Park Pee Standard as a condition of issuance of building permits for Paloma del Sol. Bedford disagrees with this position and interprets the provisions of the Development A~ecmcnt to limit the City's authority to impose Quimby Park Fees based on the park and open space requirements of the Specific Plan as approved by the County and incorporated into the Development Agreement. I. In order m avoid a legal challenge to the Quimby Park Fees and to prevent the nmning of any relevant rotates of limilslion while allcz.pts are being made to resolve this dispul=, Bedford and City have exilered into a Slan(istffi Agreement cffecti~ on April 9, 1991, as mended ("S12ndslill AEreement"). J. City and Bedford acknowledgc that development of Paloma dcl Sol will result in a generation of significant municipal zevenuc, public infn.vaucame facilities and the enhancement.of the quality of life, including recreation facilities for present and future residents of the City. The benefits to the City and Bedford contemplated by Paloma del Sol include: (1) the opportunity for a high quality residential-commercial project creating significant job oppommiti~, sales tax and sad valetern tax revenues for the City; 2 (5) payment of substanti*{ impact fe~ to be used to solve City and regional traffic infrasmwmre demand.s; a payment of public f,.t41i,l-s fe~s; improvements; the creation of significant park, renzslion'and open space dedications for public us~ and the pxote~on of sipi~c:ant nature. K. It is contemplated that the Spedfie Plan will be mended (Amendment No. 3) w: (i) add an 8+ acre neighborhood park at the southeast corner of De Ponola Road and "H" Street; (ii) change the target density for Planning Area 6 up to 19~8 du/ac; and Cfii) clarify the intent of the Specific Plan to be consistent with the terms and conditions of the approved vesting tentative map for Paloma del Sol. L. The new 8+ acre park to be dedicated by Bedford to the City is ' located in Planning Area 6 of the Spedtic Plan. Planning Area 6 provides for development of 37.8 acres with Very High density residential use at a maximum. total of 590 dwelling units. At such time as the Specific Plan is amended to delineaz the 8+ a~re park, the remainder of Planning Area 6 will be reduced to 29.8 m. Thereafter, development of Phnning Area 6 up to the maximum number of 590 residentisi dwelling units will fall within the allowable Density Range of 14-20 du/ac of the Specific Plan but not within the target density of 15.6 du/ac unless the target densiW for Planning Area 6 is mentied to 19.8 du/ac as part of Specific Plan Amendment No. 3. M. The City and Bedford acknowledge that due to the present economic recession, none of these benefits to the City are possible tinless the Palorna del Sol project proceeds with development. The parties further acknowledge and agree that the present structure of fees-and private recreation and open space requizements azates substantial impediments to development of Paloma del Sol. ' 07-30-92 I~ZZ1 -O00&9 G:NJXICN,15Z%.9'~0100~.I06 3 N. Without admil~ng or ~g any rights or obligations as between City and Bedford, es~ m the other, wilh x~pe~ Io Ihe amount of the Quimby Park Fe~, and solely to avoid the potential expense and inconvenience of pwtracttd litigation, and w b~hncc the needs of the City lo provide sdequale parks and recreational facffities with thc difficulty of land development in today's economy, City and Bedford agree to scnlc this matter based on the letms and conditions of litis MOU. AGRI~EbtI~HT 1. Amend l'~=velqpment Aprec, x. aL In accordance with the procedures set forth in the l~ve. Jq~.~t Af~t~.~,,.at b'tatmes, City and Bedford shall commence the necessary pxocccdings to collsider amending the DeveJopment Aglv. cqKmt to: eliminate the County Public Fg~ili6es and Services Mitigation Fee and ziplace it with a City Public Facilitics Fee; provide that for aperiod of two C2) yeats from the date of recording the amendment to the Development Agreement, the City Public Facilities Fee shall be paid in lieu of the Regional Statistical Area Fee ('RSA Fee") established by County Ordinance No. 659 adopted by the City and in lieu of the County Public Facilities Fee set forth in the Development Agreement provide that for a period of two (2) years from the date of rewrding the amendment to the Develop~t Agrer.,a,e. at, the City Public Facilities Fee shall be Three Thousand Dolhrs 63,000.00) per each residential trait ("Interim Public Fadlities Fee" as applied to the development of Paloma del Sol whether constructed by Bedford or any other merchant builder purchasing Paloma del Sol watts from Bedford. Bedford shall pay K-Rat, fire, traffic signal and drainage mitigation fees; 07'-)0-g2 12221.400&9 G:XDOCXlS2XeP~OIOO~JIO6 4 provide that after said two year period the mount of the Interim Pubic Facilities Fee shall bc incxeascd up w the mount_ of the City's Public Facilities Fee imposed on all projects in the City at that lime. In the even~ the City has nol sdopxed a city- Public l~scility Fee by the end of said two year period, Bedford' shall continue Xo pay the Inletira Public Fs,,Slirics Fee undl such time as the C~ adopts a City Public Facilities Fee; provide that Bedford will be subject to paying a City Public Fatilities Fee for non-Rside~fi=i development in the Paloma dcl Sol project in ~ with the provisions of the City's non- residential Public l=acilities Fee ordiponee. In th2 event the City has !lOt adopted a Pllblie- Fseilitla~ Fee for non-residential development at the time of issuance of building permits for commercial consttuc~, Bedford agrees to abide by the City's procedures xelating to payment of futm'~ non-residential Public Facilities Fees applicable to all projects in the City-in effect at that tim; and provide that the park land and recreation facilities to be dedicated to the City as contemplated by this MOU shall fully ~ Bedford's obligation to pay Quimby Park Fees and to provi~ parks and rmzatio~ fitcilities for the Palorna del Sol project consistent with the Specific Plan and ~ MOU. 2. ~::,~Ride Tract Mal~s. City shall cootgrate in commencing the necespry proceedings in ~~ ~ ~ Sii~ ~ A~ m mind ~e ~om d~ Sol "Mde" Tmmfi~ ~ ~s Nos. 241~, 241M, 241~, 24186, 24187 ~d 24188 ~ ~ ~ ~tfim in~~t ~ ~e ~ of ~c S~c P~ ~ my ~ m~dM ~d ~ MOU, h~/g ~ ~A~ ~k ~~ ~ S~ 7(a) of ~ MOU. N~ ~ ~ i~ ~h~ ~ m w~ ~m~ "~si~" ~ ~e S~c P~. 3. C~,st of x itigarion. In the event the County seeks to challenge the right of City and Bedford to enter into this MOU or to mend the Development Agreement and institutes an action, suit or proceeding to challenge this MOU or invalidate and/or enjoin the 07-H IZEZI-OOO&9 5 enforcement of this MOU or the amendment to the Development Agreement or take such other action(s) which result in unreasonable delays in the development of the Paloma del Sol project, the parties agree to cooper~ and participate in a joint defense in any action against the panics, their officen, aZents and employ_~_~0 from any and all such obligations, liability, suit, n~m, loss, judZment, lien, re~mnl~ from such action(s) brouZht by County (but ~xcluding a~dons to n-pung~ any lis ps~&"ss) and m ~ ~ually the costs anochtea with attorneys' fe~.s, rests and damages that d~ panics may innar as a result of any su~ actions or lawsuit to challeng~ City and/or B~!ford's legal authority m enn:r into this MOU and/or am~md th~ I:~velopment Agreznnent. In ti~ sv~nt th~ County ~ in any such litigation after exhaustion of any proc~znl al~zals, d~ provisions relating to th~ payment of Intorim Public Fa~lities Fe~s as s~ forth in this MOU an~or tl~ ammtment m th~ D~/elol~ment Agreement shall tn~mate. 4. Public Fseili~ies Fees .~hor~ll. In the event the County prevails in any legal action or other proceeding to cbnllenge, set aside, or enjoin the enforcement of the amendment to the Development Agreement and a court or other tribunal having jurisdiction over the matter after all appeals are taizn, determines that Bedford and/or the City is liable to make up any shortfall in the amount of the Public Facilities and Services Mitigation fees owned by City and/or Bedford to County, then City and Bedford shall each share equally in paying any such shor~all. 5. Reimbursement of Fees. If prior to the amendment to the Development Agreement and in the event Bedford is required to pay public facilities fees and/or RSA fees .in an amount greater than the mount set forth in the ame~drnent to the Development Agreement, Bedford shall be entitled to reimbursement of the difference in the mount of the fees paid within thirty (30) days of the date of recordation of the Amendment to the Development Agreement. 6. l~ri~. Cvreenbelts =.rid Ps~.ns. As additional consideration for entering into this MOU, Bedford agrees to dedicate m the City, or cause to be dedicated, and City agrees to accept when offered, park land, greenbelts, slopes and paseos equalling approximately 166.5 acres. Bedford and the Paloma del Sol Association ("Association") may also dedicate approximately 27.5 acres of park land and paseos to the City. The park land, greenbelts, .slopes and paseos are described on Exhibit A which is attached and made a part hereof and incorporated by this reference. 6 7. M~n Recr~tion Ar~. The six main recreation areas and the terms for dedication to the City are described as follows: (a) An eight-ac~ park located in Specific Plan Planning Area No. 6 and within Tentative Tntit 25417 (8-Anz Park) will be improved with two diamonds/sotzer field combination with lights, r~troom and concession building, group picnic area, drinking fountains, trash receptacles, parking lot. (b) A seven and seventy-four hundredths (7.74) acre park located in' Tract 24133-2, Lot 114 ('7.74 Acre Park") will be improved as a "passive park" and may be dedicated to the City in Bedford's sole ~ somelime in the future. (c) A thirmen and eighty-four hundredths (13.84) acre paseo park located in Tract 24133-3, Lot 106 (" 13.84 Acre Paseo Park") currently improved with tot walkways/bilzways with li~htlng and may be dedic~wri 1o the City at' sornnime in the future at Bedford's discretion and aften' r~eiving the prior consent of at least a majority of the members of th~ Association. (d) An appmximnt~ five and nine t~nths (5.9) acre paseo park loc~t~l in T~ 241~-3, ~ 68, 69, 70, 71 ~d a ~ d ~t 83 of T~ 241~F ("5.9 A~ ~ ~k') ~fly ~~ ~ a mt 1~ ~ w~ pi~c m ~ ~1~ ~d b~e, ~y~~ys ~ ~gh~g. ~s ~k ~ o~ by ~e As~fion ~d may at ~e d~fi~ of ~e A~n~ ~ ~~ m ~e ~ ~m~me h ~e hm~. (e) A seven and forty-four hundredths (7.44) a~e park locat~ in the Eastside (future) Tract 24186-.4, Lot 1 ('7.4~ Acre Park*) planned to be improved with a combination soccer/b~-~*bsll field with lights, restrooms and concession building, group picnic area, drinking fountains, trash rt~cep~, parking lot. (f) A nine and thirty-five hundredths (9.35) acre paseo park locamd in the Eastside (future) Tracts including: Lots 159 and 160 of (future) Tract 24186-1; Lots 121 and 129 of (future) Tract 24186-2 and Lot 121 of (future) Tract 24187-F (*9.35 Acr~ 07-3~-9Z 1ZZZl-eOO&9 a:~OL~,15~gZO1(JO26.mM 7 Paseo Park") planned to be improv~ with a bs~k. ptk~sl toun, mt lot, picnic ar~, walkwayFoikeways with lighting landscaping and irrigation. 8. Remaining Open SZlpt'~- (a) The remaining recreation and open space areas consist of 142 acres of greenbelt paseos, roadway paseos, public parkway and slope landscaping, both east and west sides of Paloma del Sol. (b) Those perimeter and interior greenbelt paseos, roadway paseos, parks and slopes shown on Exhibit A which are transferred to the City will be maintained by the Tcmecula Community Services District ("TCSD"). All ~ents for maintenance shall be in compliance with the standsrds and formulss imposed by the TCSD on a city- wide basis, 9. Timing of Park Improvemen~ snd Trnnsfer to (a) The 8-Acre Park shall be fully improved and transferred to the City as soon as December 31, 1992, but no later than March 31, 1993. Additional street improvements to De Portoh and wnsmwfion of Campanula Way adjacent to the g-Acre park will be completed as development of the adjoining tracts occurs, but not later than five (5) years from the date of the amendment of the Development Agreement. Co) Improvement to the 7.44--Aere Park shall commence at the time of. development of the adjo'ming tracts Cfract Nos. 24186-1, 2, 3, '4 and.Final). Improvements to the 9.35-Acre Paseo Park shall commence at the time of development of the adjoining WacU (Tma Nos. 24186-1, 2 and Final). Improvements to the 7.44 Acre Park and the 9.35-Acre Paseo Park shall be completed on or before the isn, once of 509~ of the certificates of occupancy for the dwelling units connut:ted in the adjoining trscu. Both of these parks shall be wansf~ to the City in acz:ordance with. the curtszt TCSD funding procedures and practices. (¢) Improvement to and uan~er of the rexvnining 142 acres of greenbelt paseos, roadway pase0s, public parkway and slope !nnd~g, both l:~_~ and 8 West sides of Paloma del Sol shall occur with the completion of development of the adjoinin~ tncts and in accordance with the current TCSD fundinl~ procedures and practices. (d) Bedford may extend the improve, m~t completion and park dates as set forth in this MOU with wri__-:en__ consent from the City. (e) City shall receive and approve all park and recreation facilities improvement plans in accordance with the City's park standards, pl-tx:edures and specifications except the City shall accept without any modi~lions to the improvements w the 13.84-Acre Paseo Park and the 5.9-Acre Paseo Park as cm'rently construaed and installed provided these paxks are wartsfared to the City. (f) The appro~y 194 acres d parks, greenbelts and paseos shall be transferred to the City by grant deeds from Bedford and the A-~soc4=~ion, dependin~ on ownership. City agrees to accept the parks and any improvement~ within a reasonable time of being offered for dedication. The City shall be responsible for establishing any maintenance obligations with the TCSD associated with the parks, paseos and greenbelt areas described in this MOU. 10. l=ee C~redi~. At the time d cornpie"on of the improvements and wanslur of each of the public parks as provided in this MOU, Bedford shall receive a credit against payment of future City Public Facilities Fees based on the actual improvement cost incurred by Bedford for each of said public parks up to a maximum credit of Two Million Dollars ($2,000,000). City shall have a right to review, audit and verify ali costs n~ocint~ with said park improvements unde~ 'procedures to be mutually agreed upon between the 11. Standstill Atn~emcrlt. Until the Development AEreement is mended as conzrnplatai by this MOU, the Smndstill AEreement shall ~overn the riZhts and obliZa~ions of the parries with reZards w Quimby Park l=ees associa~ wi~h the Paloma del Sol project, except that it shall be mended to remain in full force and effect until a certificate of occupancy is issued by the City for the 500th residential dwelling unit in the Paloma del Sol project. 07-H l~2rl-oooi9 G:%D0C%lSZ%~010O~6.N06 9 12. Park Fee Obligation. Upon execution of this MOU by the parties, regardless of undue delays or the outcome of any lawsuit or action bwughi by County or terms of settlement of any action or proceeding which my be instituted by the County against City and/or Bedford relating to this MOU or the amendment to the Development Agreement, Bedford's Quhnby Park Fee obli2afion for the Paloma del Sol project shall be satisfied based on the requirements provided in Sections 6, 7 and 8 of this MOU excluding Tract 24183 which currently prig-ties the City Park Fee Standard. Bedford's Quimby Park Fee obligation with legaid to pisnnixlg Area 6, 2~ ~howll on Exhibit A, up to the maximum number of 590 artached lesideotlni units permitted by the Specific Plan Density Range shall 13. l,rrisdicfion ~,nd Attorneys' Fees. This MOU is made and entered inw in the Stale of California, and this MOU, and any rights, remedies, or obligations pwvided for herein ~11 be construed and enforced__ in accordance with the laws of the State of California. 14. Severshility. If any poxlion, provision or pan of this MOU is held, determined, or adjudicated to be invalid, unenfo_re,~hle, or void for any reason whaxsoever, each such portion, provision, or pan shall be severed from the remaining portions, provisions, or parts of this MOU and shall not affect the validity or enforceability of such lemaining portions, tn'ovisions, or pans. 15. l=-ntirc Ag-rccmcnt This MOU contains the entire understanding and agreement between the parties hea'eto with respea to the matters referred tO herein. No other rt. plescntations, covenants, undemkings or other prior to contemporaneous agrccmcnts, oral or written, rc,~pc,,~ng such marten, which are not specific~y incorporated herein, shall be deemed in any way to exist or bind any of the parties hclew. The parties herew acknowledge that each party has not executed fixis MOU in reliance on any such pwmisc, xcprcscntation, or warranty. 16. Cons~cfion. This MOU shall not be consmsed against the party preparing it, but shall be construed as if both parties jointly prepared this MOU and any uncertainty and ambiguity shall not be in~ against any one party. 10 17. Amendment of Al, r~ment. This MOU shall not be modified by either party by ora] representation made before or after the execution of this MOU. All modifications must be in writing and signed by the parties, and each of them. 18. Time of the ln_e.ep,nce. Time is of the essence for the performance of each and every covenants and the ssti.~f, acslon of each and every condition contained in this MOU. 19. No Precommitmcnt. City and Bedford understand and agree that certain actions of the City contemplated by this MOU will require compliance with legal procedures regulations and public hearings accompanied by discretionary decisions. The panics acknowledge that nothing contained in this MOU shall be construed as a precommitment or requiring the City Planning Commission or City Council W approve any discretionary actions conlemplated by this MOU. 20. P'4Y Under Protest. This will acknowledge that as agreed to in the January 31, 1992 MOU, Bedford has withdrawn its notices of payment of permit fees under protest and tea'minated the Standstill Agreement relating to said fees. 21. Superseding. This MOU shall supersede, mend, and restate the Memorandum of Undasumding effective lanuary 31, 1992, and shall control the rights, duties and obligations of the parties as to the subject matter of this MOU. 07-30-92 12221-BOO&9 s:~mc%GzWzmoozs.ms 11 22.. Counterl~ns. This MOU may be executed in any number of counterparts, each of which shall bc dce. rn~ an oziginal. ATTEST: June Greek, City Clerk Patxich H. Birdsall, Mayor APPROVED AS TO FORM: m:nFORD DEV~ OPMENT COMPANY, a California corporation Swu Fiald, City Aum'n~ MESA HOMF.,~, a California corporation G:~DOC~S~Stn00n.m6 12 EXHIBIT 'A" MAP OF PARKS. PASROS. GI~I~-N-R~r-TS ,,, i[!ii ;,i jl · ~[jfl ~i 'ij!hJ i,...il. ill iF:i,-' I ' 0 I APPROVAl : CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Mayor and City Council FROM: David F. Dixon, City Manager DATE: February 25, 1992 SUBJECT: Approval of Memorandum of Understanding Regarding Palorna Del Sol PREPARED BY: Scott F. Field, City Attorney RECOMMENDATION: That the City Council approve the attached Memorandum of Understanding (MOU) regarding Palorna del Sol. DISCUSSION: 1. Backqround The County approved a Specffic Plan and Development Agreement for Palorna del Sol in 1988, without providing for Quimby fees. The County Quimby Fee ordinance was not adopted until 1989, Typically, once a subdivision is approved without Quimby Fees, it is not subject to any later ordinance imposing the Fees. However, because the Development Agreements for Palome del Sol authorized collection of subsequently adopted development fees and exactions, it is our opinion that Quimby Fees may be collected on these developments. Bedford disputes this contention, claiming, in part, that it has already met its Quimby Fee requirements through private parkland required under the Specific Plan. The Palome del Sol Development Agreement also established impact fees of approximately $4,700/dwelling unit. It further states that even after Incorporation, the County would receive $2,1001unit, leaving the City approximately $2,600. it is the City -'Attorney's opinion, however, that the City is entitled to the full amount of the fee as successor in interest to the County under the Agreement. In brief, the MOU directs that, subject to public hearing and Planning Commission and City Council approval, the Development Agreement be amended as follows:/ a. Re-eidenti*l Imnect Fees. The City will agree to a cap on fees to $3,000 per residential unit for two years, after which Time The fees will increase to the then, current City rate. Fire, library, K-Rat and traffic signal mitigation fees will also be assessed at their current rate for each residential unit. All fees will be paid to the City. Should the County sue, the City and Bedford will share equally the cost of defense and any resulting liability. b. Perklend. No additional Quimby Fees will be assessed, even if the County should successfully sue over impact fees. Instead, Bedford will dedicate parkland to The City equaling approxirnateiy 65 acres. These 65 acres (which does not include parks required under recent map approvals) are made up of the following five major recreation areas as welles smaller internal greenbelt paseos: (1) One 9-acre park which will consist of two baseball. diamonds/soccer field combination with lights, restroom and concession building, group picnic area, drinking fountains, trash receptacles, parking lot atc, improved at The cost of $1,000,000. {2) One Paseo Park of 11.5 acres, to consist of tot lots, basketball courts, tennis court, volleyball court, picnic area with tables and barbecues, walkweys/bikeweys with lighting, at the cost of $1,800,000. (3) One Paseo Park of 5 acres, to consist of tot 10t, basketball court, picnic areas with tables and barbecue, welkweys/bikeweys with lighting, at the cost of $550,000. (4) One 7-acre park to consist of combination soccer/baseball field with lights, restroom and concession building, group picnic area, drinking fountains, trash receptacles, parking lot, ate., at the cost of $1,000.000. (5) One Paseo Park of 4.5 acres, consists of basketball court, tot lot, volleyball court, picnic areas, welkways/bikeways with lighting, at the cost of $550,000. The remaining greenbelt paseos, both East and West side of the Project, will cost approximately 63,300,000 to develop with additional tot lots, basketball courts, walkways, lights, landscaping, irrigation, etc. All perimeter greenbelts would be maintained by the TCSD. All areas will be improved by Bedford, except for the first and fourth parks listed, which the City will credit Bedford's fee in the amount of $1,000,000 per park. These will be the only parks generally accessible to the public. !t should be noted that by taking this parkland out of the Homeowners Association (HOA1 and into the TCSD, the marketability of the Project will greatly improve, because the HOA dues will decrease substantially. c. Fnaineerin- Fees Protest. Bedford previously protested over $2.2 Million in engineering plan check fees. Bedford will waive this protest. d. Commerci. I Imn.ct Fe~s. The MOU will preserve the Clty's option to assess commercial impact fees on projects built prior to the time the fees are established. e.' FAstside Tract M-ns. The City will have the right to add conditions to the tract maps not inconsistent with The Specffic Plan. The principal benelKs and burdens of the MOU are as follows: Benefits · City receives $3,0001unlt, rather than $2,600 under the old County Agreement, and there are no additional County impact fees burdening development Burdens · should County prevail in litigation and the Court requires fees of $2,1001unit to be paid To County, City will be precluded from seek- ing additional Quimby Fees · by amending agreement, City improves its position should the County sue to recover fees · City shares costs of defense and judgment with Bedford should County sue · the marketability of the project improves, resulting in payment of impact fees ATTACHMENTS: 1. Memorandum of Understanding for Paloma del Sol M~MORANDU~ OF UND~RST~NDTNG ( Quizby Park Fees ) This Memorandum of Understanding ("MOU") isen=ered. into by and between ~he City of Temecula ("City") and Bedford Development Company and Mesa-Homes (collectively "Bedford") to be effective on January 31, 1992, with reference to =he following: RECI2ALS A. Pursuant to California Government Code Section 65864, e=sea. (eDevelopment Agreement Statutes"), Bedford and =he County of Riverside ("County") antered into Development Agreement No. 4 recorded in =he Official Records of Riverside County on November-7, 1988, as Irs~Tttment No.. 325513 ("Development Agreement"). B. The Development Agreement encompasses a project formerly located within County approved Specific Plan No. 219 known as "Paloma Del Sol", a mixed use subdivision project to developed on property owned by Bedford which became a par= of municipal boundaries of T, he City when =he City incorporated on December 1, 1989. C. Pursuant to =he provisions of =he Development Agreement Statutes, ~he City became =he successor-in-interest to =he County under =he Development Agreement upon incorporation of =he City. D. A dispute has arisen between =he City and Bedford over T. he amount of fees or land dedication for perk or recreational purposes Bedford is required to provide to City as allowed under Section 66477 of The California Government Code ("Quizby Park Fees"). E. On May 20, 1987, =he Cou/~ty amended Ordinance No. 460 authorizing V~he imposition of Ouimby Park Fees. Ordinance No. 460 required adoption of an implementation resolution designating a recipient of =he Quimby Park Fees. On June 28, 1988, pursuant to Resolution No. 88-218, the County designated CSA 143 as the recipient of Quizby Park Fees subject to the adoption of a master plan. On June 27, 1989, pursuant to Resolution No. 89-331, ~he CoGl~ty adopted a master plan for CSA 143, establishing T. he ~aizby Perk Fees at.~/lree (3) acres per 1,000 new residents ("County Park Pea Standard"). F. Pursuant to Resolution No. 99-53, adopted on May 8, 1990, City has adopted Quimby Park Fees of five (5) acres of land for parks and recreational purposes, or payment of fees in lieu thereof, for evez~ 1,000'people to reside in the proposed subdivision ("City Park Fee Standards). G. The City interprets =he Development Agreement to permit the imposition of increased ~uimby Perk Fees computed on the City Park Fee Standard. and has required Bedford to pay Quimb. Park Fees based on the City Perk Fee Standard as a condition of issuance of building permits for Paloma Del Sol. Bedford disagrees with this position and interprets the provisions of the Development Agreement ~o limi~ V_he City's authority to impose Quimby Park Fees based on the park and open space requirements of Specific Plan No. 219 as approved by the County and incorporated into the Development Agreement. H. In order to avoid a legal challenge to the Quimby Park Fees and to prevtn= the running of any relevant statutes of limitation while attempts are being made to resolve this dispute, Bedford and City have entered into a Standstill Agreement effective on April 9, 1991, as amended ("SV~tndstill Agreement"). Paloms Dal Sol will result in s gasstation of significant municipal revenue, public infrastrucUure facilities and ~he enhancement of ?,he quality of life, including recreation facilities for present and future residents of The City', The benefits to The City and Bedford contemplated by include: City and Bedford acknowledge that development of Paloma Del Sol (1) =he oppor~unit7 for a high quality residential-commercial project creating significant job oppcr~unities, sales tax and ad valorem tax revenues for ~he City payment of substantial impac~ fees to be used to solve City and regional Traffic infrastructure demands payment of public facilities fees (4) participation in special assessment and/or community facilities districts to finance City and regional infrastructure improvements (5) ?_he creation of significant park~ recreation and open space dedications for public use and The protecttics of significant natural resources The City and Bedford acknowledge That due to The present recession, none of These benefits to The City are possible unless The Paloma Del Sol project goes forward. The parties further acknowledge and agree =hat =he present sr, ruc=ure of fees and private recreation and open space creates substantial impediments.'.' to development of Paloma De1 Sol. 01-30.~ 12221 -oOOr.9 G:~iaQ~lSZ,%9,ZO10iBi.JI2 3 J. WiT. bout admitting or determining any rights or oblige=ions as be=wean City and Bedford, each =o =he other, with respect =o =he amount of the Quimby Park Fees, and solely =o avoid the potential expense and inconvenience of pro=racked litigation, and to.balance the needs of the City =o provide adequate parks and recreational facilities with =he difficulty of land development in =oday's economy, City and Bedford agree =o settle this.mat=or based on the terms and conditions of this Memorandum of Understanding- A REEMENT 1. ~end ~eve]comen= Aareemen=. In accordance with the procedures set fcr?_h in the Development Agreement Statutes, City and Bedford shall commence the necessary proceedings =o consi-der amending the Development Agreement to: eliminate the County Public Facilities and Services Mitigation Fee end replace it with a City Public Facilities Fee; & provide =ha= for a period of two (2) years from the date of recording the amendment to the Development Agreement, the City Public Facilities Pea shall be paid'in lieu of the Regional Statistical Area Fee ("RSA Fees). established by County Ordinance No. 659 adopted by the City; provide V_ha= for a period of two (2) years from the date of recording the amendment to the Development Agreement, =he City Public Facilities Fee shall be Three Thousand Dollars ($3,000.00) per each residential unit' ("Interim Public Facilities Fees) exclusive of all other fees, including but no= limited to K-Rat, fire, Traffic signal, and drainaye mitigation fees as applied to =he developme~,= of Paloma Del Sol who=her constructed by Bedford or any other merchant builder purchasing Paloma Del Sol tracts from BedfordS provide ~hat after said two year period amount of ~he Interim Public Facilities Fee shall be increased up to =he amount of Cityts Public Facilities Fee imposed on all projects in =he City at ~hat time. In ~he event =he City has not adopted a City Public Facility Poe by =he end of said two year period, Bedford Shall continue to pay the Interim Public Pacilities Fee until such time as =he City adopts a City Public Facilities Fee. provide =hat Bedford will be subject to paying a City Public Facilities Fee for non- residential development in =he Paloma Del Sol project in accordance with =he provisions of =he Cityts non-residential PUblic Facilities Fee ordinance. In =he event =he City has not adopted a Public Facilities Fee for non-' residential development at ~he time of issuance of building permits for cc~nnercial construction, Bedford agrees to abide by TJ~e City*s procedures relating to payment of future non-residential Public Facilities Fees applicable to all projects in =h, he City in effec~ at =hat time. ' provide =hat the park land and recrea=ion facilities to be dedicated to the City as contemplated by =his M0U shall fully satisfy Bedford's obligation =o pay Quimby Park Fees and to provide perks and recreational facilities for =he Paloma Del Sol project consistent with Specific Plan No. 219 and =his MOU. 2. ~-~sts~e TTaC~C Mmos. City shall commence the necessary proceedings in accordance with =he Subdivision Map Act to extend the Paloma De1 Sol "Eastside" Tentative Tract Maps Nos. 24182, 24184, 24185, 24186, 24187 and 24188 with no new conditions inconsistent with =he terms of Specific Plan No. 219 and =his MOU. Neither paz~cy waives its rights as to what constitutes "consistency" with Specific Plan No. 219. 3. Cost of v.~t~uat~on. In =he event =he County seeks to challenge ?.he right of City and Bedford to enter into =his MOU or to amend the Development Agreement and institutes an ac%ion, suit or proceeding to challenge =his MOU or invalidate and/or enjoin the enforcement of =his MOU or ?.he amendment to Development Agreement or take such other action(s) which result in unreasonable delays in ?.he development of =he paloma Del Sol project, =he par~ies agree to cooperate and par=iUipate in a joint defense in any. action against =he par=lee, =heir officers, agents and employees, from any and all such obligations, liability, suit, claim, loss, judgment, lien, resulting from such action(s) brought by County (but excluding actions to expunge any lie pendens) and to share equally =he costs associated with attorneys* fees, costs and damages that ?.he par~ies may. incur as a result of any such a~'Zions or lawsuit to challenge City and/or Bedford*s legal auVahority to enter into =his MOU and/or amend Development Agreement. In the event ?.he County prevails in any such litigation after exhaustion of any procedural appeals, 01 -M 12221 I:MIdt~.15~fZDIQQ;I,.IKIZ provisions rela=ing. =o T_he paymen= of In=erim Public Faci!i=ies Fees as se= for=h in ?-his MOU and/or ?-he amendmen= =o ?-he Developmen= Agreemen= shall ~ermina=e. ~. 4. Public Fac~=~es Fees Shor~cfm~. In ?-he eVen~ =he Coun=y prevails in any legal ac=ion or o=her proceeding. =o challenge, .se= aside, 'or enjoin =he enforcemen: of =he amendmen= =o =he Developmen= Agreemen= and a courU or o?-her =ribunal having jurisdic=ion over ?-he mat=er after all appeals are =aken, de=ermines ?-ha= Bedford and/or ?-he City is liable =o make up any shot=fall in ?.he amount of ?-he Public Facili=ies and Services Mi=iga=ion fees owned by City end/or Bedford =o County, ?-hen Ci=y and Bedford shall each share equally in paying any such shoT=fall. 5. Re~-~s=m~n= o[ F~e. If prior to ?-he amendment =o ?-he Development Agreemen= and in ?-he even= ~edford is required =o pay public facilities fees and/or RSA fees in an amoun= greater ?-hart ?-he amount set forth in ?.he amendmen= =o' ?-he Development Agreemen=, Bedford shall be entitled to reimbursemen= of T. he difference in T. he amoun= of ?-he fees paid wi?-hin ?-hir=y (30) days of T. he 'date of recorda=ion of ?-he Amendmen= =o ?-he' Developmen= Agreemen=. 6. P~rks. Greenbelts ~n~ P-seos. As additional consideration for entering into ?-his MOU, Bedford agrees =o dedicate, or cause =o be dedica=ed, and City agrees to accept, park land, greenbelts, slopes and paseos to ?-he City equalling approximately one hundred eigh=y six (186) acres subjec= =o ?-he approval of ?-he Paloma Del Sol Association ("Associations). and ?-he California Depar~anen= of Real Estate ('DRE") only as to ?-hose parcels wi?-hin ?-he 186 acres shown on Exhibit "B' attached and made a par= hereof by ?-his reference which ere owned by ?-he Association or subject =o an irrevocable escrow in favor of ?.he Association. If =he Association and/or ?-he DRE fail to approve -' ?-he transfer of ?.he Phase I Parcels shown on Exhibit B to ?-he Bl-M 122Zl -aGO&9 e:~cl~lSa~g;910a;:i.m:; 7 City and =harefore such propercy is not conveyed to the City, such failure to convey shall not prevent Bedford from satisfying its Quizby Park Fee obligation nor affec'C any of. her provision of this MOU. The 186 acres are made up of f. he following five major recreation areas as well as fifty five '(55) acres of smaller in- tract greenbelt passes and eighty seven (87) acres of roadway paseos, public parkway and slope landscaping. These areas are shown on =he at=ached Exhibit "An incorporated herein and described as follows: (a) A seven and seven=y-four hundredths (7.74) acre park located in Trace 24133-2, Lot 114 ("7.74 Acre Park") which consists of two baseball diamonds/soccer field combination with lights, restroom and concession'building, group picnic area, drinking fountains, =rash receptacles, parking lot. (b) A =hiresen and eighty-four hundredths (13.84) acre paseo park located in Tract 24133-3, Lot 106 ("13.84 Acre Paseo Park") which consists of to= lots, basketball courts, tennis court, picnic areas.with tables and barbecues, walkways/bikeways with lighting. (c) An approximate five and nine tenths (5.9) acre paseo park located in Trac% 24134-3, LoTs 68, 69, 70, 71 and a por~:ion of Lot 83 of Trac~ 24134-F (e5.9 Acre Paseo Park") which consists of a tot lot, baskeT. ball court, picnic areas with tables and barbecue, walkways/bikeways with lighting. (d) A seven and for=y-four hundredths (7.44) acre park located in f. he Eastside (future) Tract 24186-4, Lot i ("7.44 Acre Parks) which will consist of a combination soccer/baseball field with lights, restrooms and concession building, group picnic area, drinking fountains, =rash recepTacles, parking lot. o1 -M ~ -e00&e 8 (e) A nine and ~hir~cy-five hundredths (9.35) acre paseo park located in the Eastside (future) Trac=s including: Lots 159 and 160 of (future) Trac'c 24186-1; Lots 121 and 129 (future) Trac~ 24186-2 and Lot 121 cf (future) Tract 24187-F ("9.35 Acre Paseo Perks) which will consist of a basketball court, tot 'lot, picnic area, walkway/bikeways with lighting landscaping and irrigation. (f) The remaining 142 acres of greenbe1= paseos, roadway paseos, public perkway and slope landscaping, both east and west sides of Paloma Del Sol. (g) Alk perimeter and interior greenbelt paseos, roadway paseos, parks and slopes will be maintained by the Temecula Community Services Distric~ (wTCSDe)- All assessments for maintenance shall be in compliance with ~he standards and formulas imposed by T. he TCSD on a city-wide basis. (h) The approximately one hundred eighty six (186) acres of perks, greenbelts and paseos shall be transferre~ to the City by grant deeds from Bedford and ~he Association, depending on ownership. The City shall be responsible for establishing any maintenance obligations with the TCSD associated with the parks, paseos and greenbelt ereas described in ~his MOU. 7. T~m~nu of Pmrk TmDrOvementS mna Trmnsfer to Cttv. (a) The 7.74-Acre Park shall be fully improved and transferred to =he City on or before August 31, 1992. (b) The 13.S4-Acre Paseo Park shall be fully improved and transferred to =he City within six~cy (60) days of the effec~zive date of the amendment to the Development Agreement and the 5.9-Acre Paseo Park within sixwcy (60) days after approval of The DRE and The Association. (c) Improvement =o The 7.44-Acre Park shall commence at The time of development of The adjoining =rac~s 01 -H t~21 -O01M9 (Trac~ Nos. 24186-1, 2, 3, 4 and Final). ImprovemenUs 9.35-Acre Paseo Park shall commence a~ r. he time of developmen~ ~e adjoining ~a~s (~ac~ Nos. 24186-1, 2 and F~nal). ImprovuenU ~o ~e 7.44 Acre P~ and ~e 9.35-Acre Paseo Park shall ~ c~ple~ed and ~e par~ ~a~Ze~ed Uo ~e C~U~ on or ~ore ~e ~ss~ce o~ 50t o~ ~e c~i~ca~es o~ occupanc~ ~e dwell~n~ ~s cons~ed in ~e adjo~n~n~ ~racUs; (d) Improvaen~ ~o ~d ~sZ~ o~ ~e rema~n~n~ 142 acres cZ ~ee~l~ paseos, roadway paseos, p~l~c parlay and slope l~dscap~n~, bo~ EasU ~d Wes~ s~des oZ Paloma Del Sol shall oc~ ~i~ ~e co~le~ion .oZ developmen~ oZ ~e adjo~n~n~ ~ac~s, (e) BedZord uy e~end ~e ~provfien~ comple~on and p~k UransZ~ da~es as se~ Zo~ in ~s MOU wi~ consen~ ~r~ ~e Ci~y- (~) C~y shall receive ~d approve all p~X and recreaU~on Zacil~ies ~provaen~ plans in accordance wi~ Ci~*s p~k s~andards, proced~es ~d speciZica~ions excep~ City shall accep~ wi~ou~ any m~i~ca~io~ ~e ~prov~en~s ~e 13.84-A~e Paseo P~k ~nd ~e 5.9-A~e Passe P~k as c~ren~ly consented and installed. 8. Fee Creaits. A= ?.he time of completion of =he improvements and Varansfer of =he 7.74-Acre Park and ?,he 7.44-Acre Park, respec~civelY, Bedford shall receive a credit against patnnent of =he future Public Facilities Fees based on =he ac=ual improvement cost incurred by Bedford for each of said parks' up a maximum credit of One Hillion Dollars ($1,000,000) for each park for a maximum to=al of Two Million Dollars ($2,000,000). City shall have a righ= to review, audit and verify all costs associated wi=h said park improvements under procedures to be mutually agreed upon betwee T. he par~ies. 9. St~nast~ q 3 Aareement. Until ~he Developmen~ Agreement is amended as conUemplaUed by ?,his MOU, The SUandsti11 O'l-H 'i~Z21 A~reement shall govern ~e rights and obligations of the par',ies with re~ards to Quimby Park Fees associated with T. he Paloma Del Sol project, except =hat it shall be amended to remain in full~. force and effe~ ~til a c~ificate of occupan~ is issue~ by ~e City for ~e 500~ residential ~welling unit in ~e Palo~ Del Sol proje~- 10. Pmrk Fee O~lla-t4on. Upon execution of =his MOU by =he par=lee, regardless of undue delays or =he outcome of any lawsuit or a~'Zion brought by County .or terms of settlement of any action or proceeding white= may be instituted by =he County against City and/or Bedford relating =o =his MOU or T. he amendment =o =he Development Agreement, Bedfordes Quim~y Park Fee obligation for ~he Paloma Del Sol proje~ shall be satisfied based on =he requirements provided in Specific Plan No. 219, and Sections 6, 7 and 8 of =his MOU. 11. J,,~sa4~c~on mn~ A=teTnevst Fe-s. Th~s MOU is made and entered in=o in =he State of California, and ~his MOU, and any rights, remedies, .or obligations provided for herein shall be cons=rued and enforced in accordance with =he laws =he State of California. 12. Seve~m~l{tv. If any portion, provision or par= of =his MOU is held, determined, or adjudicated ~o be invalid, unenforceable, or void for any reason whatsoever, each such portion, provision, or par~ shall be severed from =he remaining portions; provisions, or parts of =his M0U and shall not affect =he validity or enforceability of such remaining portions, provisions, or par=s. 13. ~re A~reement. This MOU contains =he entire understanding and agreement between =he par~ies hereto with respec% to =he mat=ere referred =o herein. No other representations, covenants, undertakings or other prior =0 contemporaneous agreemen=s, oral or writ=an, respe~ing such 01 -)O-Ell IZ:ZTI -leOS9 G:IIOC%IIZ%,EIIOIOOZi. II3~ 11 matters, which ere not specifically incorporated herein, shall be deemed in any way to exist or bind any of =he parties here=o. The parties hereto acknowledge =hat each party has no= execuued =his MOU in reliance on any such promise, representation, or warranty. 14. Construction. This MOU shall not be cons=rued against =he party preparing it, but shall be construed as if both parties jointly prepared =his MOU and any unoer~ainty and ambiguity shall not be interpreted against any one party. 15. ~en~snt of A~reement. This MOU shall not be modified by either party by oral representation made before or after =he execution of =his MOU. All modifications must be in writing and signed by =he par=its, and each of =hem. 16. T~me of the ~esence. Time is of =he essence for =he performance of each and every covenants and =he satisfaction of each and evez7 condition contained in =his MOU.. 17. No' Preco~m~tment. City and Bedford understand and agree =hat certain at%ions of =he City contemplated by =his will require compliance with legal procedures regulations and public hearings accompanied by discretionar~ decisions. The parties. acknowledge =hat nothing contained in =his MOU shall be construed as a precom-itment or requiring =he City Planning Commission or City Council to approve any discretionary ac~cions contemplated by =his MOU. 17a. Pay Under Protest. Bedford agrees to withdraw notices of payment of permit fees under protest and will terminate =he Standstill Agreement relating to said fees upon execution of =his MOU. 18. Co-nterDar~s, This HOU may be executed in any number of counterparts, each of which shall be deemed an original · ATTEST: Greek, City Clerk CITY..OF TXXECULA By: ~ Pa=ricia H. Birdsall, Mayor APPROVED AS TO FORM: Scott Field, City At=orney BEDFORD DEVELOPMENT COMPANY, yT~~f°~°rP°rat~ By: MESA HOMES, 01 -)O-eZ ¶~2Z1 13 ), F..x3~rr B T =(";AT rl~'~:C"RflrrTr'lN Asso~:tatine PmlX'n:Y PARCET. L: PARCET.. 2: PARCEL PARCF_T.. 4: Lots 67 to 71. inclusive, of Tt"g% of!~.Nv~o....~2~134-3, as map filed m Book 33 1. Pages to 8, im:lusive, of Maps, ~ County, ~i' ornn.. f Lot 83 of Tract Map No. 24[34. as per map film in Baok 232. Plies 42 to 49. mc[us,~e. of Maps. lta:orn of said Count. Lots 86 to 88, i~lusive. of Trgt Map No. 241:M-L, as pro' map filed in Book "-30. Pages 84 to 92, inclusive, of Maps, Ramms of said County.. Easemean for the mainmann of the iand.w:apm$ and any irription facilities appunenant merino over that tmi t.,,q,e.,,y ~.ep'_k"~d an Exhibit F of the Deciaranon of Covenants. t Conditions and ~ far IMlenm del Sol tm:atded on Aulust ~. 99 1. as Irtm~ment No. 91-267231 and te-meamed on Sepummet ~, 199 l, am Instrument No. 9 l-3cryFr7. all o~ time Offiaal Itmmm of mid County. PARCEL t: PARCEL 2: Lot 106 of Trm No. 24 133-3, U pet nmp fikd in Book 230, Pages 48 to ~, ~. inctusi~, of Ma~~ of said Camp/. n--:meqts for the mainnnmme of the ~-_-,4r'q~l aml any imption fa:ilities appunenant over tim msl 1,, ,,~-, ,7' ~,i>'; h 'Jtm F. xhibit F d ~ Suppiemennry De:~ of 91-3o7rr8, all ef tM (3tT-sml Itsrams ef said Cmmty. ,I5, ATTACHMENT NO. 8 CITY COUNCIL MINUTES, AUGUST 11, 1992 S%STAFFFFT~4182AU..P(:: 134 CITY COUNCIL MINUTES COUNCIL BUSINESS 24, AUGUST 11, 1992 Memorandum of Understandina Reaardina Paloma Del Sol City Attorney Scott Field presented the staff report. It was moved by Councilmember Lindemans, seconded by Councilmember Moore to approve the Amended Memorandum of Understanding ("MOU") regarding .Paloma Del Sol. Councilmember Muf~oz expressed concern that this agreement had the potential for possible litigation by to the County and opposed the agreement which he felt modified the contract forever. Councilmember Lindemans clarified that the contract was for a two year term. Councilmember Parks stated that he supported the agreement which settles a potential lawsuit with the developer and provides the City with a development agreement with the local developer instead of with the County. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Parks, Birdsall NOES: 1 COUNCILMEMBERS: Mur~oz 25. Consideration of Chamber of Commerce Contract Service Aareement Mary Jane Henry provided the staff report. Doug Davies, 27450 Ynez Road, Temecula, representing the Temecula Valley Chamber of Commerce, requested support for renewal of the contract. Evelyn Harker, 31130 S. General Kearney, Temecula, encouraged the City Council to support the contract agreement. Councilmember Mur~oz stated that he objects to being asked to support activities which are being done by two other organizations in the community and which appear to be very generic to any Chamber. It was moved by Councilmember Lindemans, seconded by Councilmember Parks to approve funding in the amount of $46,000 to the Chamber of Commerce and to direct the execution of the Chamber of Commerce Contract Service Agreement. The motion was unanimously carried. CCMINW11/92 4- 112/92 ATTACHMENT NO. 9 Planning Application No. 92-0013 (Development Agreement) S~TAFFFIPT~,182&,LLPC 135 ATTACHIVfENT NO. 9 SUBlVlII-rED UNDER SEPARATE COVER ATTACHMENT NO. 10 DEVELOPMENT AGREEMENT NO. 4 S%STAFFFFT~4112AU_PC 136 ORDINANCE NO. 664.7 AN ORDINANCE OF THE COUNTY OF RIVERSIDE APPROVING DEVELOPMENT AGREEMENT NO. 4 The Board of Supervisors of the County of Riverside Ordains as Follows: Section 1. Pursuant to Government Code Section 6S867.5. Development Agreement No. 4. a copy of which is on file with the Clerk of the Board of Supervisors. is hereby approved. Section 2. The Chairman of the Board of Supervisors is .hereby authorized to execute said Development Agreement on behalf of the County of Riverside after execution thereof by all landowners listed therein. provided all such landowners have execuCed said Development Agreement within 30 days after adoption of ~his ordinance. Section 3. This ordinance shall take effect 30 days after ics adoption. ATTEST: GERALD A. MALONEY C_ler~f ~e Board Deputy (SEAL) BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE. STATE OF CALIFORNIA BY Chairman. Board of Supervisors Recorded a~ reques~ of Clerk. Board of Supervisors CounCy of Riverside When recorded Ee~u~n ~o Riverside CounUy Planning Direccor 4080 Lemon 2C~eoC, 9~h Floor Rive~sideo Ck 92501 DEVELOPMENT Ab'REEMENT NO. 4 A development agreement beCween COUNTY OF RIVERSIDE and KAISZB DEVELOPMENT CGMPANY Specific Plan No. 2Z9 - Vail Meadows Development Agreement No. 4 TABLE OF CONTENTS SECTION 1.1 1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 1.1.8 1.1.9 1.1.10 1.1.11 1.1.12 1.1.13 1.1.1¢ 1.1.15 1.1.16 1.1.17 1.2 2.1 2.2 2.3 2.4 2,4,1 2.4.2 2.4.3 2.4.4 2.4 .S 2.5 2.6 2.7 I~-I~DING PAGE RECITALS ................ 1 DEFINITIONS AND ZXHIBITS ........ 3 Definitions ............. 3 Agreement ............. 3 COUNTY ............... 3 Development ............ 3 Development Approvals ....... 3 Development Exaction ........ 3 Development Plan .......... 4 Effective Date ........... 4 Existing Development Approvals . . . 4 Existing Land Use Regulations . . . 4 Land Use Regulations ........ 4 OWNER ........i ....... 4 Mortgagee ............ '- 5 P~oject .............. 5 Property .......... - ..... 5 Reservations of Author ty ..... 5 Subsequent Development Approvals . · 5 Subsequent Land Use Regulations . . 5 Exhibits ............... 5 GENERAL PROVISIONS ........... 5 Binding Effect o~ Agreement . ,-, , , 5 eeriersnip o~ Pcoperty ........ 5 Term ................. 6 Assignment .............. ' 6 Right to Assign ....... ., , , 6 Release of Transfer~ing Oune~ . . . 6 Subsequent Assignment ....... 7 Partial Release of Pucchasec, T~ansfe~eeo oc Assignee of Industrial oE Commercial Lot .... 7 Termination oZ Agreement With Respect to Individual Lots Upon 2ale to Public and Completion of Construction ..... 7 Amendment or Cancellation of ~g~e~a~n[ 8 8 Termination ............. 8 Notices ............... 3.1 3.2 3.3 3.4 3.S 3.6 3.6.3. 3.6.2 3.6.3 3.6.4 3.7 3.8 3.9 3.10 3.11 t, 4.1 4.2 4.2.1 4.2.2 4.2.3 4.2.4 4.2.5 4.3 6.1 6.2 6.3 6.4 7.1 7.2 7.3 D~LOPMENT OF THE PROPERTY ...... 10 Rights to Develop .......... 10 Effect of Agreement ontLand UsZ Begsrations . . ........... ~o Timing of Development ........ 10 Phasing Plan .... . ........ 11 Changes and Amendments ........ n Reservations of Author ty ...... 11 Limitations. Reservations an u:c.ntio. ......;,; . . 11 Subsequent Development ppr v 1 ; . 13 Modification or Suspension by State or Federal Law ........ 13 Intent ............... 13 l=~blic Works ............. 13 Provision of Real Property Interests by COuf~-~'~ . . 13 Regulation by Other P~zb~t~ ~g~n~t~s . 14 Tentative Tract Map Extension .... 14 Vesting Tentative Maps ........ 14 PUBLIC BENEFITS ............ 14 Intent · Mitigation Fee ...... ~.; .... 15 Amount and Components Time of Payment .......... 15 Reduction for Lov-Occupancy .... 15 Annual Fee Adjustment ..... '.. 16 Credits .............. 16 Continuation of Fees ......... 16 FINANCING OF PUBLIC IMPROVEMENTS .-' · · · 17 REVIEW FOR COMPLIANCE ......... 17 Periodic Review ....... Special Review ............ 17 Procedure .............. 17 Proceedings Upon Modification or Termination ............ 18 Hearing on Modification or Termination 18 Certificate of Agreement Com~liance . INCORPORATION AND ANNEXATION ...... 19 intent ................ 19 Incorporation ............ 19 Annexation .............. 19 li " SECTION 8.1 8.2 8.3 8.4 8.5 9.2 9.3 9.4 9.6 10. 11. 11.1 11.2 11.3 11.4 ll.S 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.1S 11.16 11.17 11.18 11.19 11.20 HEADING PAGE DEFAULT AND REMEDIES ......... 19 Remedial in General ......... 19 Specific Performance ......... 20 RoleaBe ................ 20 Tezmination or Modification o~ Agreement tot IXtaulc ot OImER .... 20 Termination ot Agreement ~o~ Default oZ COUNTY .......... 21 THIRD PARTY LITIGATION ......... 21 General Plan Litigation ....... 21 Third Party Ligitation Concerning Agreement .............. 22 Envizonment ........ Reservation ot Rights ........ 22 Survival ............... 23 MORTGAGEE PROTECTION .......... 23 MISCELLAI~OUS PROVISIONS ........ .24 Recordalien ot Agreement ....... '24 Entire Agreement ..... ' ...... 24 Severability ............ 24 Interpretation and Governing ~aw . . . 24 Section Headings ........... 25 Singular and Plural ......... 25 Joint and Several Obligations .... 25 Time oi Essence . .......... 25 Waiver ................ 25 rd Party Beneficiaries · · 25 No Thi .- - · Force Najeure ........ · .... 25 Mutual Covenants ........... 25 Successors in Interest ........ 26 Counterparts ............. 26 Jurisdiction and Venue .' ..... ... . 26 Project as a Private Undertaking · · · 26 Further Actions and Instruments . . . 26 Eainent Domain ........ 26 Agent tot Service o~ ~/~c~s~ ..... 27 Authority to Execute ......... 27 Signatures ............... 27 iii DEVELO~ &GBZ~a,Wr NO. 4 This Development Agreement (hereinsUrer -AgreemenC') is entered into effective on the date it is recorded with the Riverside CounCy Recorder (hereinafter the -E~:ecCive DaCe') by and among Che COUNTY OF RIVERSIDE (hereinsUrer eCOUNTYu)o and the persons and enclttes listed below (hereinsUrer -OWNER"): KAISER DEVELOPMEMT COMPANY, a California corporation. 9xCITALS WHEREAS, COb~FTY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property tot the development o~ such property, pursuant to Sect:ion 65864, eC ~eo. o~ the Government Code: and, WHEREAS, COUNTY has adopted rules and regulations lot consideration of development agreements, pursuant to Section 65865 o~ the Government Code: and, WHEREAS, OWNER has requested COUNTY to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations o~ COUNTY: and. WHEREAS. by electing to enter into this Agreement. COUNTY shall bind future Boards of Supervisors of COUNTY by the obligations specified herein and limit the ~uture exercise o[ certain governmental and proprietary powers o~ COUNTY: and. WHEREAS. the terms and conditions o~ this Agreement have undergone extensive review by COUNTY and the Board of-Supervisors and have been found to be fair. Just and reasonable: and. WHEREAS, the best interests o~ the citizens of Riverside County and the public healEh, safety and welfare will.be served by entering inco this Agreement: and, WHEREAS. all of the procedures of the California Environmental Quality Act have been met with respect to the Project and the Agreement= and. WHEREAS, this Agreement and the Project are consistent with the Riverside County Comprehensive General Plan and any Specific Plan applicable thereto: and, -1- III~RF,~S. all actions taken and approvals given by COUNTY have been duly taken or approved in accordance wi=h all applicable legal requiremen=s for notice. public hearings. findings. votes. and o=her procedural matters: and. WHEREAS. development of the Proper=y in accordance with =his Agreement will provide subs=an~ial benefi=s to COUNTY and will fur=her important policies and goals of COUNTY: and. WHEREAS. this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property. ensure progressive installation of necessary improvements. provide for public services appropriate to the development of the Project. and generally serve the purposes for which development agreemen=s under Sections 6~864. e~se~.. of the Government Code are intended: and. WHEREAS. on June 28. 1988. Special Assessment District No. 1~9 was formed by County Resolution No. 88-192 pursuant to a petition. executed by O%eNER. requesting ~he District to be formed and consenting to said District being formed to provide a financing mechanism to pay for the construction of certain public facilities thaE would benefit the Proper=y and OWNER advanced those monies needed ~o pay all costs associa=ed wi=h forming said Dis=riot and retained and paid civil engineers to design and engineer the public facilities to be cons=rutted. and said public facilities were designed ~o benefi~ the Property and certain of =he facilities may have been oversized to benefit ad)acen~ properties and Ehe public at large: and. WHEREAS. OWNER has incurred and will in the future incur substantial cost in order ~o assure development of the Property in accordance with this Agreement: and. WHEREAS. OWNER has incurred and will in the future incur subs=antial costs in excess of the generally applicable requiremen=s in order to assure vesting of legal rights to develop the Property in accordance wi~h ~his Agreement. III III /// III III III III III NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND wXHIBITS. l.l Definitions. The following teras when used in this Agreement shall be defined as follows: 1.1.1 Agreement. "Agreement" means this Development 1.1.2 "COUNTY" means the County of Riverside, a political subdivision of the 2ta~e of California. 1.1.3 "Development" means the improvement of the Property for the purposes of campieCing the structures. improvemencs and facilities comprising the 'Pro~ect including, but not limited co: grading; the construction of infrastructure and public facilities related to the Project whoChef located within or outside the Property; the construction of buildings and structures; and the insuallaCion of landscaping. 'Development" does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after ~he construction and completion Choreof. 1.1.4 'Development Approvals' means all permits and other en~itlements for use subject Co approval or issuance by COUNTY in connection wiCh development of the Property including. but not limited to: (a) Specific plans and specific plan amendments; (b) Tentative and final subdivision and parcel maps; (e) Conditional use permits, public use permits and plot plans; (d) Zoning: (e) Grading and building permits. 1.1.5 "Development Exaction" means any regutrement of COtMTY in connection with or pursuant to any Land Use Regulation or Development Approval for Che dedication of land, the construction of improvements or public facilities, or ~he payment of fees in order -3- ~o lessen, o~se~. mitigate or compensate for ~he impacts o~ developmen~ on ~he envlronmen~ or o~her public 1.1.S -Development Plan' means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the ProperEy. 1.1.7 -Effective Date' means the date this AgreeseriE is recorded with the county Recorder. 1.1.2 sExisting Development Approvals' means all Development Approvals approved or issued prior to the Effective Date- Existing Development Approvals includes the Approvals incorporated herein as Exhibit 'C' and all other Approvals w~ich are a matter of public record on the Effective Date- 1.1.9 eExisting Land Use Regulations' means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit 'D' and all other Regulations which are a matter of public record on the Effective Date. 1.1.10 =Land Use Regulations' means all ordinances, resolutions. codes, rules, regulations and official policies of ~ VoverninV the development and use of land. including. without limitation, the permitted use of land. the density or intensity of use, subdivision requirements. the maximum height and size of proposed buildings, the provisions for reservation or dedication of land ~or public purposes. and the design, improvement and construction standards and specifications applicable to the development of the property. uLand Use Regulations' does not include any COU~rTY ordinance. resolution. code. rule. regulation or official policy, govern,rig: (a) The conduct of businesses.*Prolessiena. and occupations; (b) Taxes and assessments: (c) The control and abatement of nuisances: The granting of encroackaent permits and ~he conveyance of rights and interests which preyida ior the use o~ or the entry upon public proimrtY; (e) The exercise el the power o~ eminent domain, 1.1,Xl -OWNER' means the persons and entities listed as Ok'NZR on page 1 o~ this Agreement and their successors in intoEast to all or any part el the propertY- -4- 1.1.~2 eMortgagee- means a mortgagee of a mortgage..a beneficiary under a deed of tcus~ oc any othe~ security-device lender, and their successors and assigns. ~.1.~3 -Project' means ~he development of the Property contemplated by the Developmen~ Plan as such Plan any be further defined, enhanced oc modified pursuant to the provisions of this Agreement* ~.1.14 epropertye means the 'real property described on Exhibit 'A' and shown on Exhibit "B" to this Agreement. l.l.15 -Reservations of AuthoritY' means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to COUNTY under Section 3.6 of this Agreement. 1.1.~6 -Subsequent Development Approvals" means all Development Approvals required subsequent Effective Date in connection vith development Property. 1.1.1? -Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of this Agreement. ~.2 Exhibits. The following documents ate attached and by this reference Bade a part of, this Agreement: Zxhibit nan --- Legal Description of the Property. Exhibit uS" -- Map shoeing Property and ice location, Exhibit eC" -- Existing Development Approvals. Exhibit 'De -- Existing Land Use Regulations. Exhibit "g" -- Fee Credits. 2. GENERAL PROVISIONS. 2.1 Stndino IfZocC o~ A~reement. The Property is hereby Bade subject to this Agreement. Development of the Property is hereby authorized end shall be carried out only in accordance vith the tern of this Agreement. 2.2 Ownership o~ PrODeCrY. GMNER represents end sevenants ~hat it is the owner o~ the fee simple title to the -S- 2.3 Term. The term of this Agreement shall commence on the E~fective Date and shall continue for a period of ten (10) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement. 2.4 Asstanmen~* 2.4.1 Riaht to Assinn. OWNER shall have the right to 8e11. transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision MaP Act, Government Code Section 66410. stinK** or Riverside County Ordinance He. 460) co any person. partnership. Joint venture. firmer corporation at any time during the tern of this Agreement= provided. however. that any such sale. transfer or assignment shall include the assignment and assumption o~ the rights. duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) He sale. transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale. transfer or assignment of all or a part of the Property. (b) Concurrent w~th any such sale. transfer or assignment. or within =i==een (1~) business days thereafter. OWNER shall notify COUNTY. in writing. of such sale. transfer or assignment and shall provide COI~FTY with an executed agreement. in a form reasonably acceptable to COIJNTY. by the purchaser. transverse or assignee and providing therein that the purchaser. translates or assignee expressly and uncond,tionallY assumes all the duties and obligations of O%GVER under this Agreement. Any sale. ~ransfer or assignment not made in strict compliance with the ~oregoing conditions shall constitute a default by Owner under this Agreement. Hotwithstanding the failure of any purchaser. translates or assignee to execute the agreement required by Paragraph (b) o~ this Subsection 2.4.1. the burdens of this Agreement shall be binding upon such purchaser. translates or assignee. but the benefits of this Agreement shall not inure to such purchaser. transZeree or assignee until and unless such agreement is executed- 2.%.2 Release o~ Trans~err~no Owner. Notwithstanding any sale. transfer or assignment. a transferring GMNER shall continue to be obligated under this Agreement unless such tramsleft,rig O%OIER is given a release tn writing by ~. which release shall be ~rovided by COONTY upon the full satisfaction by such transferring O%GIER of the following conditions: -6- (a) OWNER no longer has a legal or equitable interest in all or any part of the Property. (b) Ok'HER is not then in default under this Agreement. (c) OMNER has provided COUNTY with the notice and executed agreement requi~ed under Paragraph (b) of Subsection 2.4.1 above. (d) The purchaser, translates or assignee provides COUNTY with security equivalent Co any smcurity previously provided by ONNER to secure performance of ice obligations hereunder. 2.4.3 Subseouen~ AsstoRment. Any subsequent sale, transfer oc assignment after an initial sale, transfer or assignment shall be made only in accordance with and sub)oct to the terms and conditions of this Section. 2.4.4 Partial Release of Purchaser. Transferee or &ssionse of Industrial or Commercial Lot. A purchaser, transferee or assignee of a lot, which has been finally subdivided as provided for in the Development Plan and for which a commercial or industrial plot plan for development of The lot has boon finally approved pursuant Co the Development Plan, nay submit a request, in writing, co COUNTY co release said lot from the obligations under this Agreement relating to all other portions of the property. WiThin thirty (30) days of such request, COUNTY shall review, and if the above conditions ace satisfied shall approve the request for release and notify the purchaser, transferee or assignee in writing thereof. No such release approved pursuant co this Subsection 2.4.4 shall cause, or otherwi-se affect, a release of OWNER from its duties and obligations under this Agreement. 2.4.5 Termination of AoreemenC With Respect Individual'Lots Upon Sale co Public and Completion Construction. The provisions of Subsection 2,4,1 shall noC apply to The sale or lease (tor.a period longer than one year) of any lot which has been finally subdivided and is individually (and not in abulk') sold or leased a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any and such let shall be released and no longer be subject to this Agreement without the execution or recordation any further document upon satisfaction of both of the following conditions: (a) The lot has been finally subdivided and individually (and not in ubulk') sold or leased -7- (tot a period longer than one year) to a member o~ the public or other ultimate user: and. (b) A CertiZicate o~ Occupancy has been issued [or a building on the lot. and the tees set forth under Section · o~ this Agreement have been paid. 2.5 Amendment or Cancellation oZ Aereement. This Ag, eement may be amended or cancelled in whole or in part only by written consent oZ all parties in the manner provided Zor in Government Code Section 65868. This provision shall not limit an~ remedy oZ COUNTY or (NdNER as provided by this Agreement. 2.6 Termination. This AgreeKent shall be deemed terminated and o~ no Zurther eZZect upon the occurrence o: any of the ~ollowing events: (a) Expiration o~ the stated term el this Agreement as set Zorth in Section 2.3. (b) Entry o~ a Zinal JudVment setting aside. voiding or annulling the adoption o~ the ordinance approving this Agreement. (c) The adoption oZ a reZerendum measure overriding or repealing the ordinance approving this Agreement. (d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by COUNTY or applicable public agency of all required dedications. Termination of this Agreement shall not constitute termination of. any other land use entitlemenUs approved ~or the Property. Upon the termination of this Agreement. no'party shall have any Curther right or obligation hereunder except with respect =o any obligation to have been perZormed prior to such termination or with respect to any deZault in the performance of the provisions o~ this Agreement which has occurred. prior to such termination or with respect to any obligations ~hicn are speci~ically set Zorth as surviving this Agreement. Upon such termination, any public ~acilities and services mitigation fees paid pursuant to Section 4.2 oZ this Agreement by i to COUNTY ~o~ residential units on ~hich construction has not yet begun shall be reZunded to OliNER by COUNTY. 2.7 Notices. (a) As used in this Agreement, "notice' includes, bu~ is not limited to, the communication cf notice, request, demand, approval, statement, report. acceptance, consent, waiver. appointment or other communication required or permitted hereunder, -8- {b) &ll notices shall be in'writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery sho~n on the return receipt, after deposit in the United States nil in a sealed envelope as either registered or certiCied nil with return receipt requested, and postage and postal charges prepaid. and addressed to the recipient named below; or (iii) on the date oC delivery shown in the records oC the telegraph company actor transmission by telegraph to the recipient named below. All notices shall be addressed as Collows: lC to COUNTY: Clerk oC the Board oC Supervisors County of Riverside 4080 Lemon St., 14th Floor Riverside, .CA 92501 with copies to: County Administrative Officer County o~ Riverside 4080 Lemon St., 12th Floor Riverside. CA 92501 and Director Plan~ingDepactmant County oC Riverside 4080 Lemon 2t.o 9th Floor Riverside, CA 92501 County Counsel County of Riverside 3535 Tenth St., Suite 300 Riverside, CA 92501 IZ to OWNER: Kaiser Development Company c/o Rancho CaliZocnia Development Company 28250 Ynez Road aancno California. CA. 92390 with a copy Dennis D. O'Sell, Esq. Pettie, Tester, Kcuse & KrinskT 18881 Von KatEart. 16th. Floor lrvine. CA. 92715 (c) Either party may, by notice given at any time, require subsequent notices to be given to another person or -9- entity, vhethe: · pa:ty o: an office: o: :ep:esentative of a pa:ty, o: to a di~ie:ent addtess, o: both. Hotices given befo:e actual :eceipt of notice o~ change ·hall not be invalidated by the change. 3. I)wVEL~,X~m~ OF ~ PROpeRTY. 3.1 Riohis to Develop. Subject to the teems of this agreement including the Rose:rations o~ Authority, OliNCa shall have a vested Eight to develop the P:ope:ty in acts:dance with. and to the extent of, the Development Plan. The PzoJect shall remain subject to all Subsequent Development Approvals ~equi~ed to complete the P:oJect e· contemplated by the Development Plan. ~xcept as otherwise p~ovidsd in this aS:cement, the pe~mitted use· of the P:ope:ty, the density and intensity o~ use, the maximum height and size of p~oposed buildings, and p:ovtsions ~o: :ese:vation and dedication o~ land ~o: public pu:poses ·hall be those set fo:th in the Development Plan. 3.2 ~fect of Xaceement on x-and Use ReGulations. Except as eCho:vise p:ovided undo: the to:m· o~ this Agreement including the Reservations o~ XuthoEity, the ~ules, :egulations and ot~icial policies gove:ning pe:mittod uses o~ the P:ope:ty. the density and intensity o~ use o~ the P:operty, .the maximum height and size of p:oposed building·, and the design, imp:ovement and const:uction standards and ·peci~ications applicable to development of the P:ope~ty ·hall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, COt~TY ·hall axe:time its discretion in accordance with the Development Plan, and as p~ovided by this Agreement including, but not limited to, the mess:rations o~ Authority. COtJetTY ·hall accept ~or processing, review and action all applications for Subsequent Development Approvals, and such applications ·hall be p:ocessed in the no:mal manne~ ~or p~ocessing ·uch matto:s. 3.3 Tim·no of Development. The pa~ties acknowledge ~ha~ tOeHER cannot at this time predict when Or the ~ate at which phases o~ the P:operty will be developed. Such decisions depend upon nuns:sue ~acto:s which are not within the cent:01 o~ OffHERe SUCh as maEket orientation and demand, interest abso:ption, completion and other simile: facto:s. 2inca the Cali~o:nia Supreme CouEt held in Paddee ConstEuction Co. v. City of Camsrills (1954) 37 Cal.3d 465, that the 2ailu~e of the pa~ties the:elm to p~ovide ~or the timing of development resulted in · lares adopted initiative restricting the timing o~ development to p:evail ove£ such parties' agreement, it is the parties* intent to cure that deficiency by ac~noeledging and p:oviding that OMNER shall have the right to develop the in such oEdeE and at such :ate and at such times as CX~NER deems appropriate within the exercise of its subjective business Judgment, subject only to any timing or phasing requirements set loath in the Development Plan or the Phasing Plan set iorth in Section 3.4, -10- 3.4 Phasing Plan. Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan. 3.5 Chsnoee and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and nay demonstrate changes are appropriate and mutually desirable in the Existing Development approvals. In the event OMNER finds that a ehange in the Existing Development A~provals'is necessary or appropriate, OMNER shall apply ~or a Subsequent Development Approval effectuate such change and comrrY shall process and act on such application in accordance vith the Existing Land Use Regulations, sEeopt as oChervise provided by chin agreement including the Reservations of Authority. Xf approved, any such change in the Existing Development Approvals shall be'incorporated herein as an eddendum to Exhibit time as provided in this Section, Unless otherwise required by law, as determined in COUrrY*s reasonable discretion, a change the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement provided such change does not: (a) Alter .the permitted uses of the Property as a whole: (b) Increase the density or intensity the Property ass whole: (c) Increase the maximum height and size permitted buildings: (d) 1)elsie a requirement for the reservation or dedication oZ land Zor public purposes within the Property as a whole: o~, (e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code. 3.6 Reservations of ~u~hori~y. 3,6.~ ~-imitations. Reservations and wxeeDtions. Notwithstanding any other provision of this Agreements the following Subsequent Land Use Regulations shall apply to the development of the Property, (a) Processing fees and charges of every kind and nature imposed by COUNTY to cover the estimated actual costs to COUNTY of processing applications for IMvelopment App~ovals or for monitoring compliance with any Development Approvals. g~anted oc issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices. findings, records, hearings. reports, recommendations, appeals and any other matter of procedure. (c) Regulations governing construction standards and specifications including, without limitation, the County's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code. (d) Regulations imposing Development Exactions: provided, hoeever, that no such subsequently adopted Development Exaction shall be applicable to development of the Pcoperty unless such Development Exaction is applied uniformly to development, either throughout the COIJ!fFY o6 within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density o6 intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4 of this Agreement, COUNTY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement co the extent such fees fulfill the same purposes. {e) Regulations which may be in conflict with the Development Plan but which are reasonably necessagy to protect the public health and safety. To the extent possible, any such regulations shall be applied and construed so as to pgovide OWNER with the rights and assurances provided under this Agreement. {f) Regulations which ace not in 'conflict with the Development Plan. Any regulation, whether adopted by initiative og otherwise, limiting the gate or timing of development of the Property shall be deemed'to conflict with the Development Plan and shall thegefoge not be applicable to the development of the PEepstry. {g) Regulations which are in conflict with the Development Plan provided iNNER has given written consent to the application of such cegulations to development of the Propegty. 3.6.2' Substenant Development ADDEOValS. This Agreement shall not prevent COUNTY, in acting on Subsequen~ Develop-ant Approvals, from applying Subsequen~ Land Use Regulations which do not conflic~ with the Development Plan, nor shall this Agreement prevent COUNTY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan. 3.6.3 Modification or Suspension by State or Federal x-aw. In the event that State oE Federal laws or regulations, enacted after the Effective Date of this agreement, prevent or preclude compliance with one or mote ot the provisions of this Agreement, such provisions of this agreement shall be modified or suspended as may be necessary to comply with such SCare or Federal laws or regulations, provided, however, Cha~ this Agreement shall remain in full force and effect to the extent it is not inconststen~ with such la~s or regulations and Co the extent such laws or regulations do not tender such remaining provisions impractical to enforce. 3.6.4 Intent. The parties acknowledge and agree Chat C0t~QTY is restricted in its authority Co limit its police power by contract and Chac che toregoing limitations, reservations and. exceptions ate intended to reserve to COUNTY all of its police power which cannot be so limited. This Agreement shall be construed, contrary to its stated terns if necessary, to reserve Co COUNTY all such pove~ and au~nocicy which cannot be restcicted by contract. 3.7 Public Works. If OWNER is required by this Agceement to construct any public works facilities which will be dedicated Co COUNTY o~ any other public agency upon completion, and tf required by applicable laws to do Be, OWNER shall perfern such work in the same manner and subject Co ~he same requirements as vd~uld be applicable to COUNTY or such other public agency should ic have undertaken such construction. 3.8 Provision ot Real Property Interests by COIJNT/. In any instance ehe~e OWNER is cequiced to consccuct any public improvement on land not'owned by OWNER, OJe~eR shall at its sole cost and expense provide o~ cause to be provided, the real property interests necessary for the construction of such public improvements. In the event O~e~R is unable, after exercising ~easonable efforts, including, but not limited to, the rights under 2octions lO01 and 1002 of the Civil Code, to acqui~e the real property interests necessary for the consu~uccion of such public improvements, and if so instructed by OwN~a and upon ~R'6 pLovision o~ adequate security 2or costs ~~ say · easonably ~n~E, ~ shall negotiate the pu~c~se o~ the necessary real p~ope~Cy interests Co allow~R Co construct the public improvements as Eequi~ed by this Agreement and, i~ -13- necessary. in accordance with the procedures established by law. use its power of eminent domain to acquire such required real property interests, OWNER shall pay all costs associated with such acquisition or condeanation proceedings. This section 3.8 is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improveriches on land not owed by OMNER, except to the extent that the OWNER elects to proceed with the development of the Project, and then only in accordance with valid conditions imposed by the COUNTY upon the development of the Project under the 2ubdivistonMap Act or other legal authority. 3.9 Re~ulatiou by Other Public Agencies. It is acknowledged by the parties that other .public agencies not within the control of CObm~x possess authority to regulate aspects of the development of the Property separately from or Jointly with ~w~ and this Agreement does not limit the authority of such other public agencies. For example, pursuant to Government Code 2oction 66477 and Section 10.35 of Riverside County Ordinance 460. another local public agency may provide local park and recreation services and facilities and in that event, it is permitted, and therefore shall be permitted by the parties, to participate jointly with COUNTY to determine the location of land to be dedicated or in lieu fees to be paid for local park purposes, provided that COIJNTY shall exercise its authority subject to the terms of this Agreement. 3.10 Tentative Tract Ma~ Extension. Notwithstanding the p~ovisions of Section 66452.6 of the Government Code, no tentative subdivision map or tentative parcel map, heretofore or hereafter approved in connection with development of the Property, shall be granted an extension of time except in accordance with the Existing Land Use Regulations. 3.11 VestinQ Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with development of ~he Property, is a vesting msP under the Subdivision Map Act (Government Code Section 66410. e~seo.) and Riverside County Ordinance No. 460 and if this Agreement is determined by a final judgaent to be invalid or unenforceable insofag as it g~ants a vested right to develop to OWNER, then and to that extent the rights and protections afforded OWNER under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. F~xeept as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 4. 'POBLIC BENC~I'~- 4.1 latent- The parties acknowledge and agree that development of tha Property will result in substantial public -14- needs which will not be fully net by the Development Plan and further acknowledge and agree chat chin Agreement confers substantial private benefits on elmER which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OUNER by'providing more fully for the satisfaction of the public needs resulting from the Project, 4.2 Publi~ Facilities and Services Mitenation Fee. 4,2,1 ).mount and £onDonents of Fee. SANER shall pay to COUNTY a public facilities and services mitigation foe in the total amount of $4277,00 for each residential unit constructed on the Property, which fee shall be comprised of the following components: (a) Public Facilities Fee $1891 per,R, esidential Unit (b) Regional Parkland Poe $350.00 per Residential Unit with $50.00 allocated for recreational trails (c) Habitat Constc~eCion and Open 2pace Land Bank Fee 2260.00 per Residential Unit (d) Public Services Offset Fee 21776.00 per Residential Unit The amount of the public facilities and services mitigation fee shall be adjusted annually as provided in Subsection 4.2.4. 4.2.2 Time of Payment. The fees required pursuant to Subsection 4.2.1 shall be paid to COUNTY prior to the issuance of building permits for each residential unit. No£ees shall be payable for building permits issued prior to the Effective Date of this Agreement, but the fees required pursuant to Subsection 4.2.1 shall be paid prior to the re-issuance oE extension of any building permit for a residential unit for which such foes have not previously been paid. 4,2.3 Reduction for x-ow-OccuDancy Residential Units, The fees required zmrsuant to Subsection 4,2,1 shall'be reduced by 33.3 percent for low-occupancy residential units. For ~he purposes of this Subsection, low-occupancy residential nnits shall be limited to the following: (a) One bedroom and studio apartments (family rooms, dens, and any similar room shall be considered to be bedrooms): -15- : (b) Mobilehomes: (e) Residential units in developments Chat ace legally restricted to occupancy by santo: citizens putshunt to Rivetside County Ocdinance No. 348 OE state law. 4.2,4 ]~nnual Fee Xdtustment. The tees Eequi~ed pursuant to Subsection 4,2.1 shall be adjusted annually dueinS tha teen ot this Agecement on the annive~sa~y ot the Effective Date in accordance with the changes in the Consumes P~ice Xndex toc All U~ban. Consumecs in the Los lUxgeles-P, uaheim-RiveEstde lUea (ne~einattec CPX) published monthly by the U.S, Bureau of Labor Statistics* The annusE adjustment shall be calculated in the following manne~: {a) Divide the CPI tot month and year ot the Effective Date into the CPI toc the month imdiately preceding the anniversary in which said fees ace to. be adjusted. (b) Multiply the quotient obtained by the calculation in Pacagcaph (a) above times said tees. (c) The cobalt ot the multiplication obtained in ~acagcapn (b) above shall constitute the tees payable dating the succeeding yeac. It the CPX s~ecitied ha~ein is discontinued o~ cevised du~ing the teen ot this Agecement, such othe~ government index oc computation with which tt is ceplaced shall be used in ocder to obtain substantially the same result as would have been obtained it the CPX had not been discontinued. In no event shall the tees be less than the ties set teeth in Subsection 4.2.1- 4.2.S CredSts. Ge1~R shall be entitled to ccedit against the tees cequiced putsmast to.Subsection 4,2,~ ~oc ~he dedication ot land, the cons~cuction ot impcerements oc the ~ayaenc ot tees as specifically set toc~h in F, xhibit wEE- TO the ex~ent that Subsection 4,2,4 results in an tactease in the tees payable putshunt to 4,2,1(a), then the ccedit pcovided in this Subsection toc Public Facilities as spect~ied in Exhibit age shall be likewise incceased by the same petcourage. Me inccease in the ecedi~s set iocth in Exhibit age shall be allowed tot any item mrnich is not specifically identified as a Public FacilityCcedit on Exhibit wEe- 4.3 continuation ot Fees, Should all oc any poetion ot Propscry become pact of a city or anothec count . the tees still payable imcsuant to Section 4.2 shall conin a payable to tX~mxf on the following basis: (a) Fees under 4.2.1(a) shall be Payable at the race of five and Chree CenChs percenc (5.3%) Chefeel to COUNTY and Che remainder co such cicy or ocher county. (b) Fees payable under SubsecCions 4.2.1(b) and shall be fully payable Co COUNTY. (c) Fees under SubsetGlen 4.2.1(d) shall be payable aC the race of one-Chard (1/3) thereof*to such ciCy or other councy and the remainder Co COUNTY. 5. FINANCING OF PURY-IC If deemed appropriate. COum~ and OMNER will cooperage in the formaCion o~ any special assessmenC disCricC, communiCy facilities districc or miCemaCe financing mechanism Co pay fox the construction and/or matnCenance and operaGlen of public infrestrucCure ~aciliCies reguired as pa~C o~ Che Development Plan. COUNTY also agrees ChaCo Co Che exCent any such district or other ~inancing enCicy is ~ormed and sells bonds in orde~ co finance such reimbursemenCs, OMNER may be ~eimbursed to the exCent ChaC OMNER spends ~unds or dedicaCes land ~or the esCablishuenC o~ public faciliCies. NoCwithsCanding Che foregoing, iC is acknowledged and agreed by Che parcies Chat noChing conGained in ~his Agreement shall be coniCrued as requiring COUNTY or ~he COUNTY Board o~ Supervisors co form any such d~scricc or Co ~ssue and sell bonds. FOB CC:X4PT-Z~I~,,. 6.1 Periodic Review. The Planning DirecCor shall review =his Agreemenc annually. on or beEore Che anniversary of the Effective Dace. in order Co ascerCain Che good reich compliance by OMNER rich the terms of Che AgreemenC. OWNER shall submit an Annual MonaCoring Repor=. in a Corm accepCable Co the Planning DlrecCor. wiGbin 30 days afcer wriCCen noCice from Che Planning DirecCor. The Annual Monitoring ReporC shall be accompanied by an annual review and adminisCraCion.~ee sufficient to defray the esCimaCed coscs of review and adminisCration of Che Agreement during the succeeding year. The amounC of Che annual review and adainiscraCion fee shall be seC annually by resolution of the Board of Supervisors. 6.2 SPecial Review. The Board of Supervisors may order a special review of compliance wiCh Chis Agreement aC any ~ime. The PlannQng Di£ecCor shall conduc~ such special reviews. 6.3 Proced-re. {a) During sicher a periodic review o~ a special review, ONNER shall be required Co demonicrace good ~siCh compliance with Che terms of Che Agreement. The burden of Droo~ on ch~, issue shall be on CXINER. (b) Upon completion of a periodic review or a special review, the Planning Director shall submit a zeport to the Board of Supervisors setting forth the evidence concerning good Zaith compliance by OteqER with the terms of. this Agreement and his recommended ~indin~ on that issue. · (c) If the Board finds on the basis of substantial evidence that OWNER has complied in good faith with the teems and conditions of this Agreement° the review shall be concluded. (d) If the Boazd makes a preliminary finding that Ob'NER has not complied in good faith with the terns and conditions of this Agreement, the Board may modiZy or terminate this Agreement as provided in Section 6.4 and Section 6.S. Notice oZ default as provided under Section 8.4 o~ this Agreement shall be given to OUTER prior to or concurrent with, proceedings under Section 6.4 and Section 6.S. 6.4 Proceedlass Upon Modification or Termination. If. upon a finding under Section 6.3, COUNTY determines Co proceed with modification o: termination of this Agreement. COXmTY shall give written notice to OWNER of its intention so to do. The notice small be given at least ten calendar days prior to the scheduled hearing and shall contain: (a) The tire and place oZ the nearing: (b) X statement as to whether or not COTmTY p~oposes to terminate o: to modify the Agreement: and. (c) Such other information as is reasonably necessary to inform Ok'HER of cue nature of the p~oceeding. 6.5 HearinQ on Modification or Termination*-' At the time and place set for the nearing on modification oz termination, OWNER small be given an opportunity Co be heard. OWNER shall be Eequi~ed to demonst:ate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on Ok~ZR. If the Board of Supervisors' ~inds, based upon substantial evidence, that OilHER has not complied in good faith with the terms or conditions oZ the Agreement, the Board Bay terminate this Agreement or modify this Agreement and impose such conditions ms are reasonably necessary co )retort the interests o~ the County. The decision of ~he Board of Superviso:s snail be final, subject only to Judicial review pursuant to Section 1094.5 of the Code of Civil Procedure- 6.6 Certi~icate of Xareement Compliance. Xf, at the conclusion of a Peziodic or Special Review, OWNER is found to be in compliance with this Agreement, COUNTY shall, upon request by Ot/NZR, issue a CertiZicate of Agreement Compliance (-Certilicate") to OWNER stating that after the.most recent -18- Periodic or Special Review and based upon the information known or made known to the Planning Director and Board of Supervisors that (1) this Agreement remains in effect and (2) GeNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. OilleER may record the Certificate with the County Recorder. Mhether or not the Certificate is relied upon by assignees or other transfercos or OWNER, COUNTY shall not be bound by a Certificate if a default'existed at the time o~ the Periodic or Special Review, but was concealed from oc otherwise not known to the Planning Director or Board of Supervisors. 7. INCORPORATION AND ANNEXATION, 7.1 Intent. If all oE any portion of the Property is annexed to or otherwise becomes a part .of a city or another county, it is the intent of the parties that this Agreement shall survive and be binding upon such other jurisdiction. 7.2 Incomeration. If at any time during the term o~ this Agreement, a city is incorporated comprising all or any portion of the Property, the validity and effect of this Agreement shall be governed by Section 65865.3 o~ the Government Code. 7.3 Annexation. OWNER and CoUNTY shall oppose, in accordance with the procedures provided by lay, the annexation to' any city o~ all or any portion of the Property unless both OWNER and COUNTY give written consent to such annexation. 8. DEFAULT AND RmqEDIwS. 8.1 Remedies in General. It is acknowledged by the parties that COUNTY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement o~ the application ~hsceof. In general. each of the parties hereto may pursue any remedy at lay or equity available foc the breach of any provision of this Agreement, except tha~ COUNTY shall not be liable in damages to OWNER, o~ to any successo~ in interest of OQfNER, o~ to any other person, and OWNER covenants not to sue for damages or claim any damages: (a) FoE any breach of this Agreement or foc any cause of action which arises out of this Agreement: or (b) For the Caking, impairment or restriction of any right or interest conveyed or provided under or pursuant co this Agreement: or (c) Arising ouCot or connected rich any dispute. controversy or issue regarding the application or interpretation or eftoct ot the provisions ot this 8.2 Soottrio Performance- The parties acknowledge Chac money damages and remedies aC lay generally are inadequate and specific performance and ocher non-monetarY relict are particularly appropriate remedies tot the enforcement ot this agreement and should be available to all patties tOE the folioring teasone: (a) Money damages are unavailable against COUNTY as provided in Section 8.1 above. (b) Due to the size, nature and scope ot the project, it may noc be practical or possible Co restore ~he Proper~y Co its natural condition once implementation ot this Agreement has begun. After such implementation, OWNER may be Goreclosed from ocher choices it may have had to utilize the Property or portions Cheroot. OWNER has invested significant time and resources and performed extensive planning and processing ot the Project in agreeing to the terms ot this Agreement and sill be investing even more significant Clue and resources in implementing the Pro~ecc in reliance upon the Corms ot and it is noC possible co determine the this Agreement, sum ot uoney~'nich gould adequately compensate adNER tot such eftores- 8.3 Release- Except tot nondamage comedies, including the remedy .oK specific performance and Judicial royleg as provided tot in Section 6.S. OWNER. tot itself, ice successors and assignees. hereby releases the COUNTY, its officers. agents and employees teem any and all claims, demands, actions, or suits ot any kind or nature arising oucot any liabilitY. known or unknoen. present or future. including, but noc limited Co, any claim or liabilitY. based or asserted. pursuant co J~cicle X. section 19 ot the California Constitution, the FitCh Amendment ot the United SCares Constitution, oc any ocher lay oc ordinance smith seeks Co impose any other liability oc damage, vhaCsoever. upon ~he COUNTY because lC encored into this Agreement or because ot the terms ot this Agreement. 8.0 'Termination or Modification ot Aareeuent tot 1MtaulC ot OMNP~. Subject to the provisions contained in Subsection 6.S heroin. COONTY may terminate oc modityth~s AgreemaRc Zoc any failure ot adNER to perform any material'dutY or obliga:ion ot OUNER under this Agreement, or Co comply in good faith with the terms ot this Agreement (heroinalter retorted co as 'dotmalta): provided. hovevet, COUNTY nay Corn!Race or modify -2O- this Agreement pursuant to this Section only after providin~ ~titten notice to OWNER of default setting forth the nature of the default and the actions, if any, required by OlOfZR to cure such default and, ~here the default can be cured, CMNZR has Jailed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within .such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 8.S Termination o~ Amusement ~or Default of coinsTY, OWNER my terminate this Agreement only in the event of a default by coinsTY in the performance of a material term of this Agreement and only actor providing written notice to COtMTY of default setting forth the nature of the default and the actions, if any. requi~ed by COUNTY to cute such default and, where the default can be cured, COUNTY has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has ~ailed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 9. THIRD PM~TY LITIGATION. 9.1 General Plan x.itiaation. COUNTY has determined that this Agreement is consistent with its Comprehensive General Plan, herein called General Plan, and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with COUNTY's determination. The parties acknowledge that: (a) Litigation is now pending challenging the legality, validity and adequacy of certain proVisiOns of the General Plan; and, (b) In the ~uture there may be other similar challenges to the General Plan; and, (c) If successful, such challenges could delay or prevent the performance of this Agreement and the deveXopment of the Property. COUNTY shall have no liability in damages under this Agreement tot any failure of COUNTY to perform under this Agreement or the inability of OMNER to develop the Property as contemplated by the Development Plan oZ this Agreement as the result o~ a Judicial determination that on the EZfective Date, or at any time: thereafter, the General Plan, or portions thereof, are invalid oc inadequate or not in compliance with law. -21- 9.2 ThiGd Patty x-itiaation Concecnina Amusement- OWNER shall defend, at its expense. including attorneys' tees. indemnity, and hold harmless COUNTY, its agents. ottieecs and employees from any claim. action or proceeding against COUNTY. its agents. OftiCeES. Or employees to attack. set'aside. void. o~ annul the appEoval ot this AgEcement oE the approval ot any permit gcanted. puEsuant to this Agreement. COUNTY shall pcomptly notify OtfIER ot any such claim. action oc proceeding. and COUNTY shall coopsEmma in the defense. .If COUNTY fails to pEoaptly notify OWNER ot any such claim, action oc p~oceeding. or it COUNTY fails ~o cooperate in the defense, OWNER shall not thereafter be cesponsible to defend, indemnity, or hold haEmless COUNTY. COUMTY My in its discretion participate in the defense ot any such claim, action or proceeding. 9.3 Indemnity. In addition to the provisions ot 9.2 above, OWNER shall indemnify and hold COUNTY. its officets, agents, employees and'independent contractors tees and harmless teem any liability whatsoeveE. based oE asserted upon any act o~ omission ot OtaiZR, its officers, agents, employees, SUbCOnCEaCtOES and independent contractors. tot pEeparty damage. bodily inJUEyo OE death (OWNER*s employees included) og any OtheE element of damage ot any kind or nature, relating to or in any way connected with oE arising from the activities contemplated hereunder. including, but not limited to. the study, design. engineering. constEuction. completion. failure and conveyance ot the public imlprovements. save and except claims for damages aEising thEeugh the sole active negligence or sole willful misconduct of COum~. OWNER shall defend, at its expense, including attorneys' fees, COUNTY, its officers, agents. employees and independent centsactors in any legal action based upon such alleged acts ot omissions. COUNTY may in its discteflon patticipate in the defense of any such legal action. 9.4 Xnvironment Assurances. OWNER shall indemnity and hold COUNTY, its otticeEs, agents, and employees fEes-and haEmless teem any liability. based or assetted, upon any act or omission of adNER, its OttiCeES, agents. employees, subcontractors. predecessors in interest, successoEs, assigns and. independent contractors tot any violation ot any federal. state oz local lawo o~dinance o~ Eegulation ~elating to indusc~ial hygiene oE Co enviEonuental conditions on, under o~ abou~ the PEeparty, including, but not limited to, soil and gEoundwater conditions, and OMBXR shall defend, at its expense, including attorneys* ~ees, ~, its o~ftcers, agents and employees in any action based oE assetted upon any such alleged ac~ or omission. COUNTY may in its disc~etion paEticipate in the defense of any such action. 9.5 Reservation of Riohis. With EespecC to Sections 9.2° 9.3 and 9.4 heroin, COUNTY Easeeves the right to efthoE (1) approve the altothey(s) which OWNER selects, bites oE otheEwise engages co defend CC~mxi' hereandes, which appEoval shall not be unceasonablywithheld, or (2) conduct its o~n defense, pEovided, nowever, tnac OWNER shall reimburse COUNTY forthwith foe any and -22 - all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor. 9.6 Survival· The Provisions of this Sections g.1 through 9.6, inclusive, shall survive the termination of this Agreement. The parties hereto agree Chat this Agreement shall not prevent o: limit eliMEn, in any manner, at OMNER*s sole dioceseion, 2rob encumbering the Property o: any portion thereof or any improvement thereon by any mortgage, deed of trust or other' security device securing financing with respect to the Property. COUNTY acknovledges that the lenders .providing such ~inancing may cequice certain Agreement interpretations and media&cartons and agrees upon request, f~om time to time, to meet vith OWNER and representatives of such lenders to negotiate in good faith any such request foe interpretation or modification. COUNTY viII not unreasonably vithhold its consent co any such requested interpretation o~ modification p~ovided such interpretation o~ modification is consistent vitn the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the folioring tights and pzivileges: (a) Hei~he~ entering into this Agreement no~ a b~each of this Agreement shall defeat° render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and foe value, unless othervise ~equi~ed by law. (b) The Mortgagee of any mortgage or deed of t~us: encumbering the P~opezty, o~ any part thereof, which Mortgagee, has submitted a request in writing to the COUNTY in the manner specified he~ein for giving notices, shall be entitled to £eceive v~itten notification f~on COUNTY st any default by GQJNZR in the performance of OJJb~R,s obligations unde~ this Xgreement. (c) If COt~rrY timely receives a request from a Mortgagee requesting a copy of any notice of default given to SANER under the terms of this Agreement, COUNTY shall pEovi-de · copy of that notice to the Mortgagee viehim ten (~0) days of sending the notice of default to OMNER, The Mortgagee snail have the right, but not the obligation, to euze the default during the ~emaining cure period allseed such party unde~ this Agreement. (d) A~_y Mortgagee who comes into possession of the P~ol~e~ty, or ant pa~t thereof, pursuant to foreclosure of the. mortgage o~ deed of t~usC, o~ deed in lieu of such ~o~ecloeu~e, shall take the P~ope~ty, o~ pa~t thereof, subject ~o the Ca:ms of this Agreement. Notwithstanding any otheE provision of this Agreement to the contrary, no Mortgagee shall have an obligation or'duty under this Agreement Co perform any of Ok'NER's obligations or other a~fiEmaCive covenants of OMNER hereunder, or to guarantee such perletRance; provided, however, chat Co the extent that any covenant to be performed by OWNER is a condition pcecedent co the performance of a covenant by COUNTY . the performance thereof shall continue to be a condition precedent Co COUNTY's 'performance hereunder, and further provided Chat any sale, transfer or assignment by any Mortgagee in possession shall be subject co the provisions of Section 2.4 of this Agreement. 11. !!ISC'x'x-T-XI~OUS PROVISIONS. 11.1 Recordmelon of XareemenC. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the Clerk of the Board Supervisors within the period [exluired by Section 65868.S of the Government Code. 11.2 EnCi:e Xa:eemenC. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral o~ written representations, understandings or ancilla[y covenants° undertakings or agreements which are not concained or expressly Eelerred to heroin. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind o~ nature Co interpret or dece£mine the terms or conditions of this Agreement. 11.3 Severability. If any term, provision, covenant or condition of ~his Agreement shall be determined invalid, void or unenforceable, the remainder oZ this Agreement shall not be aZtecCod thereby to the extent such remaining provisions are not rendered impractical Co perform taming into consideration the purposes o~ this Agreement. Notwithstanding the Goregoingo the provision el the Public BenefiCe set ~orCh in Section 4 of this ]tgt:eeaenC, including the payment ot the fees set forth therein, are essenl;ial elements of this Agreement and COTA~TYwould not have entered into this Agreement but ~or such provisions, and che~:efore in the event' such provisions a~e deCel:mined co be invalid, void or unenfo~ceable, this entire Agreement shall be null and void and of no iorce and e~fecC vhaCsoever. ll.4 Interpretation and Qove[nina T-mY. This Agreement and any dispute arising hereunder shall be governed and incet:preced in accordance with the labs o~ Zhe State of California. This Agreement shall be construed as a whole according Co ice fair language and common meaning Co achieve the obJecZives and purposes of the parties hereCo, and the rule of construction to the effect that ambiguities a~e to be resolved against Zhe d~a[ting pal~Cy shall not be employed in interpreting this Ag[eemenC, all parties having been represented by counsel in the negotiation and preparation he~eo~. -24- 11.5 Section Headinas. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 11.6 Sinoular and Plural. As used herein. the singular of any word-includes She plural. 11.7 Joint and Several Obliaations. If at any time during The term of this Agreement the Property is owned, in whole or in part, by sore than one OMNER, all obligations of such GJfifF. RS under =his Agreement shall be ~oint and several, and the default of amy such OWNER shall be She default of all such OMNERS. HoGwithstanding the foregoinq, no OWNER of a single lot which has been finally subdivided and sold to such OWNER as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof. 11.8 Time of ~ssence. Time is of the essence in the performance of the provisions of Uhis Agreement as So which time is an elenem~. 11.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by She other party. or the failure by a party to exercise its rights upon the default of the other party. shall not consUltuSe a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 11.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and Chair successors and assigns. No other person shall have any right of action based upon any provision of this AgreemenU. 11.11 Force Ma%eure. Neither party shall be-'deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes. other Acts of God. fires. wars. riots or similar hostilities. strikes and other labor difficulties beyond the party's control. (including the party*s employment force). government regulations. court actions (such as restraining orders or lnJunctians), or other causes beyond the party's control. If any such eveuSe shall occur, the term of this Agreement and the time for per,ormance by either party of any of its obligations hereunder sm~y be extended by the written agreement of the parties for she period of tire that such events prevented such performance. provided that the term of this Agreement shall not be extended under any circumstances for more than five (S) years. 11.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party banefired thereby of The covenants Us be performed hereunder by such banefired party. ll.13 Successors in Interest. The burdens of this Agreeman~ shall be binding upon, and the Agreement stall inure co, all successors in interest to the patties to this Agreement, All provisions of this Agreemen~ shall be enforceable ·s equitable servitudes and consCitute covenants running with the land. Each covenant to do or refrain from doing name act hereunder with regard to development of the Property: (a) is Jar the benefit of and is · burden upon every portion of the Property; (b) tuns with the Property and each portion chefoaf: and, (c) is binding upon each party and each successor in interest during ownership of the Property or any ll.14 Counterparts. This/kgceament mmy be executed the parries in counterparts, which counterparts shall be construed CogsChat and ave the same patties had executed the same 11.15 Jurisdiction and Venus. Any action ac law or in equity arising under this Agreement oc broughC by an parry hereto for the purpose of enforcing, construing or determining the validity o~ any provision of this AgraemanC shall be filed and tried in the Superior Court of the County California, and the parties hecate waive all provisions providing for*the filing, removal or change of vanue to any ocher COUEt. 11.16 ProiecC ms a Private Undertakino. It is specifically understood and ·greed by and became· the parCies hecate that the development of the Project is a development, ChaC neither parry is acting as the agent of the other in any respect hereunder, and Chat each parry is an independen~ contracting entity with respect to the Carms, covenancs and conditions contained in this partnership, ~oinC venture or ocher association of any kind is formed by this Agreement. The only rela~ionship between COUNTY and OWNER is ChaC of a government entity development of private property and the ownmr of such property. ~l.17 Further ~ctions and Znstrunents. Each parties shall cooperate wiCh and provide reasonable assistance the other to the extent contemplated hereunder in the performance of all obligations under this Agreement end the the conditions of this Agreement. Upon the request party ac any time, the ocher party shall promptly acknowledgemane or af.~tdavit if commonably raquiced, and file £ecord such required inscrumencs and writings and take any actions as may be reasonably necessary under che terms of this Xgreemenc to carry out Che inCenC and Co fulfill Cha pcovisions of this igreament or Co evidenca or consummate tha transacCions contemplated by Chis/kgraament. ll~le xainent Domain. No provision of Chis XgraamanC shall be construed co limi~ or resCricC the axarcisa by COUNTY its power of eminent domain. -26- 11.19 Aaent for Sezvice of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or Joint venture without a member, partner or Joint venttrot resident of the State of California. or it is · foreign corporation, then in any such event, OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation oZ a natural person residing in the State of California, giving his or her name. residence and business addresses, as its agent for the purpose oZ service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy oZ any process in any such action shall constitute valid service upon OWNER. If Zor any reason service of such process upon such agent is not feasible, then in such event OMNER may be personally served with such process out o~ this County and such service shall constiCute valid service upon OWNER. Gb~ER is amenable to the process so served, submits to the Jurisdiction of the Court so obtained and waives any and all objections and protests thereto. 11.20 Authority Co ~xecuCe. The person or persons executing this Agreement on behal~ of OM~R warrants and represents tha~ he/they have ~he authority to execute this Agreement on behalf of his/their corporation, partnership oE business entity and warrants and represents that he/they has/have the authority co bind OWNER to the performance o~ its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below. COUNTY OF RIVERSIDE Dated: ATTEST: Clerk of the Board By Deputy (SEAl,) By Chairman, Board of Supervisors ,LIT ,,-88 -27- Dated: KAISER DEVELOPMENT COMPANY, a Cali~ornia corporation By: Its: (ill SIGNA.TURES SHALL BE ACKIOQHLEDGED BEFORE A N~Y ~LIC. ~FI~S, ) -28- Development No. 4 EXHIBIT A Page I LEGAL DESCRIPTION VAIL flEADIM BOUNDARY. That certain 'parcel of land tn the untncorporated territory of the County of Riverside, State of California, lying partly vtthtn the Rancho Temecula granted by the Government of the Untted Sates of knertca to Luts Ylgnes by patent dated January ]8, 1860 and recorded tn Book 1, Page 45 of Patents tn the Office of the County Recorder of San Diego County, California, and partly vtthtn the Rancho hubs granted by the Government of the Untted States of America to Luts Yignes by patent dated January 19, 1860 and recorded tn Book 1, Page 45 of Patents in said Offtce of the San Dtego County Recorder, and partly vtthtn Parcel Nap No. 16681 as shown on a map thereof ftled tn Book 100, Pages 15 and 19 of Parcel Naps tn the Office of the County Recorder of said Riverside County, described as folla~s: BEGINNING at the centerline Intersection of Nargartta Road with Pauba Road as shown on hrcel Nap No, 6607 f(led Sn Book 21, Pages 61 through 67 of Parcel Naps ~n satd Office of the Riverside County Recorder; thence along said center- ltne of hub· Road as defined by documents recorded April 28, lgT1 as Instrument No. 44142 of Offtctal Records, hrcel Nap No. 7155 ftled tn Book 24, Page 72 of hrcel Naps and hrcel Nap No. 22514 filed tn Book 145, Pages 80 through 85 of Parcel IMps, all tn said Office of the RIverside County Recorder, through the 4 following courses: North 55*21'56" East 226. 6 feet to the beginning of a tan- gent curve concave southeastorly and hevtng a radtus of SO00.O0 feet; thence along said curve northeasterly 300.10 feet through a central angle of 3°26'20"; thence tangent frmn satd curve North 58'46'16" East 663.57 feet to the beginning of a tangent curve concave southeasterly and having e radius of 1200.OOfeet; thence along setd curve northeastorly 493.58 feet through a central angle of 23°34'00"; thence tangent from saSd curve North 82°22'16" East 489.16 feet to the begtMtng of a tanget curve concave northwesterly and having · radius of 1600.00 feet; thence along said curve northeaster11 403.53 feet through a central angle of 14°27°02"; thence tangent free said curve North 67'55'15' East 1327.41 feet to the beginning of a tangent curve concave northwester11 and hav- trig a radtus of 3000.00 feet; thence along satd curve northeasterly 1055.48 feet through e central angle of 20°09'29"; thence tangent from satd curve North 47°45'45® East 261.98 feet to the beginning of a tangent curve concave southeasterly and hevteg a radtus of 3000.00 feet; thence along satd curve northeasterly 788.08 feet through a central angle of 15~03'04"; thence tangent curve concave southeasterly and having a radius of 1200,00 feetl sa$d curve nurtheasterly 396,42 feet through a central angle of thence tangent fram slid curve North 81°44'30" East 679,16 feet to the beginning of a tangent curve concave northwesterly and having a radius of 1200,00 feet; EXHIBIT A EXHIBIT A Page 2 thence along satd curve northeasterljr 504.33 feet through a central angle of 24m04'49'; thence tangent from said curve North 57°39'42. East 379.9~ feet to the beginning of a tangent curve concave southeasterly end having a radius of 1200.00 feet; thence along satd curve northusterly 304.02 feet through a central angle of 24'30'56' to the centerline of Butterfield Stage kad as shorn on said Parcel IMp No. 21524; thence leaving said centerline of Pauba Road, along Satd centerline of ktterfteld Stage Road as defined. by Tract No. 12005-1 N filed tn Book 221, Pages 50 through 57 of IMps end said Parcel Map o. 26681 filed in Book 200, Pages 18 and 19 of Parcel Maps, both tn said Office of the Riverside County Recorder, through the falleNlag courses: South 4'25'05* East 1626.75 feet to the hagInning of e tangent curve concave easterly end having a radius of 3000.00 feet; thence along said curve southerly 548.76 feet through a central angle of'10'28'50'; thence tingeflit from said curve South 14'53'55' East '~1380.24 feet to the beginning of I tangent curve concave northeasterly and having a radtus. of 1200.00 feet; thence along said curve southeasterly 895.83 feet through a central angle of 42'46'Z2'; thence tangent from said curve South 57040'17" East 785.25 feet to the bog4nning of a tangent curve concave southwesterly end havtng a radius of 1200.00 feet; thence along said curve southeasterljr 727.42 feet through a central angle of 34'43'S4"; thence tangent from said curve South 22e56'23" East 3022.56 feet to the southerljr 1the of said Parcel Hap No. 16682; thence leaving said centerline of Butterfield Stage Road, along sa:d southerljr ltne South 73*23'22" Nest 828.28 feet to the southeast corner o Parcel PV4 per document recorded Apt11 20, 1967 as instrument No. 34389 of Offictal Records in said Office of the Riverside' County Recorder; thence along the .boundary 1the of said Parcel PN4 North 16'36'3g' Vest TOO.iX) feet. South 73'23'22" Nest 2OO.OO feet end South 16°36'39" East 2OO.OO feet to said southerly ltne of Parcel Hap No. 1668:~; thence along said southerly line South 73*23'21" Nest 6322.62 feet to an angle point therein; thence along the boundarjr ltfie of satd Parcel IMp NO. 16682 through the telloving courses: North 61'46'07° Vest 49.38 feet; thence North 26*56'07" Nest 8SB.14-feet; thence North 73'03'54" East 262.70 feet; thence North 16*33'25" Nest 491.54 feet to an angle point therein; thence leaNtag satd boundary 1the, along the boundary line f of Tract No. 3752 ftled tn Book 59, Pages 53 through 55 of IMps tn said 0 ftce of the Rtvers t de County Recorder, through the fol 1 out ng courses: North 16*33'25' Nest H7.76 feet; thence South 73*03'54" Nest 268.42 feet; thence North 16'56'06" Nest 39.64 feet; thence South 73'03'54" Vest 55.OO feet to a point on the centerline of IMrgartta Read as sho~n on said Tract No. 3752, said point betrig the beginning of a neff-tangent curve concave southwesterly and hiNtrig a radius of 4-200.OO feet, a redtel l the Of said curve from said point bears South 73*03'54' Nest; thence leavtng said bounderjr 11ne of Tract No- 3752. along satd centerline of Norgartta Rood as defined by Tract No 9833-3 ftled tn Book 220, Pages 86 through 91 of IMps end satd Parcel IMp No 6~17 ftled in Book 21, Pages 61 through 67 of Parcel IMps, both tn said Offt~:e of the RIverside CountJr Recorder, through the telloving courses: slang satd curve northuesterljr 2245.56 feet through a central angle of 54*42'46"; thence tangent from said curve North 71'37'53' Nest 660.70 feet to the beginning cf a tangent curve concave northeasterljr end having a radtus of 2200 OO feet* thence along said curve northuesterly 2270.94 feet through a central' angle ~f 60'40'58"' thence tangent from said curve North IO*S6'54" Vest 566.77 feet to the beginn;rig of a -2- EXHIBIT A Page 3 tangent curve concave w~starly and having a radius of 2000.00 feet; thence along satd curve northerly 606.30 feet through a central angle of 17'22'10"; thence tangent from Hid curve North Z8ezg'04" Nest 829.67 feet to the beginning of a tangent curve concave sontheesterly and having a radius of 1200.00 feet; thence along said curve nortJeesterly 572.64 feet through a central angle of 27e20'29"; thence tangent Ira said curve North S5e39'34· Nest 417.H feet to the beginning of a tangent curve concave northeasterly and having a radius of 2000.00 feet; thence along said curve northwsterly 174.46 feet through s central angle of 4eSI'S2. to the POINT OF BEGIIOIING. · tot 25 of Tract No. 3752, in the County of Ri~mrsicle, State of C;1 ~ fornta, as per zmp filed in Book 59, hess 53 to 55 of Naps, reccsds of P. tversiae County per deed ~.~:~',~ iT_ ~ .k .//, 1987 as Znstrtzmnt I~. 324399. -3- ~evelopmenc Agt:ee-enc leo. ¢ v-XHIBI~ C EXZSTXNG DZVZv~PJm~rr ~PPROVALS SPECZFIC~ Specific Plan No, 219. ZONING 1. Ordinance No. 348.29~9 (Zone Change No, 5140) The development appEovmls listed above include the appEoved maps and all conditions of approval. COPIES OF THE EXiSTING DEVELOPMEN~ APPROVALS LISTED ABOVE ARE ON FXLZ, IN THE RIVERSIDE ~""O~wTY PLANNING DEPARTMENT AND ARE INCORPORATED HER~IMBY REFERENCE, Development Agreemen1: EXHIBIT ~IBTING T~QDU8~ REOUT-&TION$ ,6. 10. Riverside County Comprehensive General Plan as amended through Resolution No. 88-485. Ordinance No. 340. Ordinance No. 348 as amended through Ordinance 348.2857, O~dinanee No. 448 as amended ~h:ough Ordinance No, 448.a. O:dinance No. 458 as amended through Ordinance No. -438.8, Ordinance No. 460 as amended thKough OKdinance No. 460.92. Ordinance No. 461 as amended through Ordinance No. 461.6. O~dinance ~o. S09 as amended through Ordinance 309.2. Ordinance No. 546 as amended through Ordinance No. 546.7a. Ordinance No. 547 as amended through OrdinanCe No. 547.5. Ordinance No. SSS as amended through Ordinance 555.13. O~dinance No. 617 as amended through Ordinance No. 617.1. Ordinance No. 650. Resolution No. 87-325 Es~ablishin~ .Procedures and Requirements ~ot the Consideration o~ Development Agreements, as amended byResoluCion No. 88-39 and Relolu~ion No. 88-119. COPIES 5F THE EXIBTING lAND U2E REGUTaATXOM2 LISTED DOVE ARE ON FILE XM THE RXVERSXDE COUNTY PLANNING DEPAAx-L.,.mTj.- AND ARE INCORPORATED HEREIN BY REFERENCE. Development Agreement No. 4 EXHIBIT g FEE C~I~ITS !ioAe. ATTACHMENT NO. 11 SPECIRC PLAN NO. 219, AMENDMENT NO. 3 S%STAFFIIPT~4112N. L.I~ 137 ATTACHMENT NO. 12 DEVELOPMENT AGREEMENT FEES PRIOR TO AND AFTER THIS APPROVAL (THIS WILL BE FORWARDED UNDER SEPERATE COVER) 45 ATTACItMENT NO. 13 SPECIFIC PLAN NO. 219, AMENDMENT NO. (PROVIDED UNDER A SEPARATE COVER) S~STAFFRI~24182ALLCC Id~ 46 ATTACHMENT NO. 14 DEVELOPM~NT FEE CHECKLIST SXSTAFFRPT~24182AtJ_CC Idb 47 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST VESTING TENTATIVE TRACT MAP NO. 24184, AMENDMENT NO. 3, FIRST EXTENSION OF TIME The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility (Traffic Mitigation) Public Facility (Traffic Signal Mitigation) Public Facility (Library) Fire Protection Flood Control (ADP) Condition of ApprOval Condition No. 5oC. Condition No. 50 Condition No. 50 Condition No. 128 Condition No. 6.A. Condition No. 55 Condition No. 87 S\STAFFRPT~24182ALL. FEE CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST VESTING TENTATIVE TRACT MAP NO. 24182, AMENDMENT NO. 3, FIRST EXTENSION OF TIME The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility (Traffic Mitigation) Public Facility (Traffic Signal Mitigation) Public Facility (Library) Fire Protection Flood Control (ADP) Condition of ADoroval Condition No. 5.C. Condition No. 50 Condition No. 50 Condition No. 135 Condition No. 6.A. Condition No. 60 Condition No. 92 S'~STAFFRPT%24182ALLFEE CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST VESTING TENTATIVE TRACT MAP NO. 24186, AMENDMENT NO. 5, . FIRST EXTENSION OF TIME The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility (Traffic Mitigation) Public Facility (Traffic Signal Mitigation) Public Facility (Library) Fire Protection Flood Control (ADP) Condition of ADoroval Condition No. 5.C. Condition No. 45 Condition No. 45 Condition No. 123 Condition No. 6.A. Condition No. 51 Condition No. 83 S%.STAFF'RFT~24182AI.LFEE CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST VESTING TENTATIVE TRACT MAP NO. 24187, AMENDMENT NO. 3, FIRST EXTENSION OF TIME The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility (Traffic Mitigation) Public Facility (Traffic Signal Mitigation) Public Facility (Library) Fire Protection Flood Control (ADP) Condition of Aooroval Condition No. 5.C. Condition No. 44 Condition No. 44 Condition No. 120 Condition No. 6.A. Condition No. 49 Condition No. 81 S%STAFFRPT% 24182ALL FEE CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST VESTING TENTATIVE TRACT MAP NO. 24188, AMENDMENT NO. 3, FIRST EXTENSION OF TIME The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility. (Traffic Mitigation) Public Facility (Traffic Signal Mitigation) Public Facility (Library) Fire Protection Flood Control (ADP) Condition of Aooroval Condition No. 5.C. Condition No. 59 Condition No. 59 Condition No. 142 Condition No. 6.A. Condition No. 66 Condition No. 98 // S~.STAFFFIPT~24182ALL. FEE CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST VESTING TENTATIVE TRACT MAP NO. 24185, AMENDMENT NO. 3, FIRST EXTENSION OF TIME The following fees were reviewed by Staff relative to their applicability to this project. Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility (Traffic Mitigation) Public Facility (Traffic Signal Mitigation) Public Facility (Library) Fire Protection Flood Control (ADP) Condition of Aooroval Condition No. 5.C. Condition No. 51 Condition No. 51 Condition No. 131 Condition No. 6.A.' Condition No. 56 Condition No. 88 S~STAFFRPT~24182ALL. FEE ITEM 17 ITEM NO. 18 APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Tim D. Serlet, Director of Public Works/City Engineer December 8, 1992 Maintenance of Streets Not Within the Maintained Road System RECOMMENDATION: Staff recommends that the City Council: Establish the TCSD as a potential financing mechanism that will finance the design and construction cost associated with the expense of upgrading non-maintained streets within the City to publicly maintained standards (paved)· e Direct Staff to expand the TCSD Service Levels to include .road maintenance for pre- existing roads that do not meet current standards for acceptance into the Maintained Road System. Establish a policy requiring a signed petition by 50% of the property owners within a proposed Road Maintenance Service Level accepting the service rates, when established, prior to forming a new Road Service Maintenance Service Level. Direct Staff to develop low volume, paved, rural road standards similar to those currently existing in the Los Ranchitos Development for use in rural areas that have pre-existing roads that are not publicly maintained or are within a proposed Road Maintenance Service Level. Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING OFFERS OF DEDICATION FOR STREET AND PUBLIC UTILITY PURPOSES, BUT NOT ACCEPTING INTO THE CITY-MAINTAINED STREET SYSTEM, LIEFER ROAD. Authorize the Public Works Department to solicit informal bids for the construction of culverts on John Warner Road (5) and Liefer Road (1). The associated design and construction costs will be reimbursed to the City from the TCSD Road Maintenance Service Level or an Assessment District when they are formed. -1- PwO1%agdrpt%92%1208%meintnon.rnre 1125 BACKGROUND: The City has a requirement that all new developments install curb, gutter, sidewalk and pavement as a condition of approval. The streets are dedicated to the City for public street purposes and accepted for maintenance once the improvements are installed. The initial cost of the improvements are paid by the property owners as part of the purchase price of the home or building. The costs to maintain the streets in perpetuity are the City's. The higher the standards for new installation of street improvements, the lower will be the ongoing cost of maintenance. The City has a number of private and publicly dedicated streets which are unpaved and have not been accepted for maintenance. Many of these streets were graded to provide access to large, rural-type lots.. Areas with larger lots usually generate less traffic. Also, larger lots typically have more street frontage, resulting in greater street improvements costs per individual lot. This combination of low traffic volumes and relatively high individual lot street improvements costs, along with the desire by some property owners to maintain a rural lifestyle, has resulted in many unimproved rural roadways. The City has received a number of requests from residents in rural areas to maintain their streets. The incidence of maintenance calls is especially high during periods of rainy weather when the streets become muddy and nearly impassable because of floodwaters flowing across the streets at low points. These conditions have also made it difficult for emergency vehicle access when needed. Liefer Road and John Warner Road are two of the roadways that fit this category. Gas tax funds cannot be used to maintain private streets. The use of general funds to maintain private streets can be considered a gift of public funds and therefore not lawful. One solution is to accept private streets as public streets. Another possibility is to accept the dedication of the streets, but not to accept them into the City-Maintained Road System and instead, establish a maintenance district which would assess the property owners for the cost of the level of maintenance they request. Once the funding for road maintenance is established, the remaining issue is determination of the acceptable level of improvements, and the funding of those improvements. There are various levels of street improvements ranging from a graded, dirt street section, considered a minimum, to streets composed of curb, gutter, sidewalk and asphaltic or concrete pavement. The various types of roadways with associated characteristics are as follows: -2- pwO1~gdrpt~92~1208~meintnon.rnt8 1125 TYPE GRADED DIRT (28' roadway w/4' shoulders) GRAVEL SURFACE (28' roadway w/4' shoulder) ASPHALTIC CONCRETE - See City Std # 111 (Los Ranchitos) (28' roadway w/4' shoulder) CURB, GUTTER, SIDEWALK AND AC PAVEMENT - See City Std. #104 (40' curb-to-curb) CHARACTERISTICS Graded, level, .native materials; dusty, highly erodible, poor in rainy weather. Graded, level area with suitable granular aggregate material as a wearing surface; dusty, erodible, suitable in rainy weather. Asphaltic concrete on aggregate base; hard surface, impermeable, long- lasting. Same as asphalt concrete above, plus improved drainage. PROBABLE MAINTENANCE COST PER 100 FEET OF LOT FRONTAGE/PER YEAR $600 $1,800 $205 $133 The most important factor affecting the serviceability of a roadway is water. Water saturating the area beneath the road lubricates the underlying soils and causes them to lose their stability. Crack-sealing and proper drainage minimize water penetration and are priorities in any road maintenance program. This is also the reason why the road surfaces listed above which do not have an asphalt or concrete surface require more frequent maintenance. The above probable costs for non-paved surfaces were based on grading twice a year. However, this could rise significantly depending on the number and intensity of winter storms. FUNDING: As indicated previously, road maintenance of improved streets is a City responsibility. There are a number of state statutes that can provide a mechanism to install street improvements and assess the cost upon the adjacent property owners. There are also statutes that would allow the assessment of street maintenance costs upon the lots which benefit from such maintenance. It would seem appropriate that if the residents along an unimproved roadway were to install paved roadways through an Assessment District process, that the City would assume the maintenance responsibility once the improvements are installed, similar to all new development. However, for those residents who would like other options, they should be allowed appropriate choices. The following are available options: -3- PwOl\egdrpt%92%1208%nmintnon.mre :1125 TYPE OF ROADWAY Graded Dirt Gravel Surface Asphaltic Concrete COST OF INSTALLATION Property Owners Property Owners Property Owners COST OF MAINTENANCE Property Owners Property Owners City Staff has investigated the statutes involving Community Service Districts and found that the proposed improvements are within the powers of a Community Service District. Since the Community Service District is already formed, the expense associated with establishing an Assessment District or Community Facilities District can be spared. The implementation of rural standards will allow property owners to choose the level of maintenance or improvement cost they wish to bear. If the property owners do not wish to participate in an on-going maintenance cost, they may elect to use the financing mechanism of the TCSD to install the minimum improvements that the City will accept for maintenance and fund it through their annual service rate assessment. The City will then maintain the road and the road will be eliminated from the maintenance zone once the property owners have paid the improvement lien. If the property owners do not wish to participate in either option, the City may vacate the maintenance responsibility at the same public hearing that service rates are established. However, it should be noted that it may be difficult to vacate the maintenance responsibilities once they have been accepted. FISCAL IMPACT: The residents' along John Warner have submitted the attached petition indicating a willingness to share in the cost of improving their road. However, the residents along Liefer have submitted no formal petition and many of them have indicated any cost is too high. Both areas consist of several large vacant lots with the Liefer Road area also having mobile .homes located on some of the parcels. If proposed Maintenance Zones were established, as shown on Exhibits 3 and 4, with the minimum improvements as shown, the following costs per parcel could be anticipated. If the roads were to be improved to a graded dirt road standard with culverts installed, the residents could anticipate the following costs: Liefer Rd.: Grade and compact sub-base, install 2 - 24" culverts, and stabilize with Calcium Chloride $12,000 (Culverts Only- $5,000) John Warner Rd.: Grade and compact road, install 5 culverts along with grouted rip-rap $50,000 (Culverts Only - $45,000) -4- pwO1%egdrpt%92%1208Vnaintnon.mre 1125 PROBABLE NUMBER PROBABLE CONSTRUCTION ANNUAL MAINT. OF CONSTRUCTION COST PER COST PER PARCELS COST PARCEL PARCEL Liefer Rd.: 50 $12,000 $240 S564 John Warner Rd.: 39 $ 50,000 $1,282 $376 The above analysis was simply based on cost per parcel. The formation of a Service Level would most likely consider items such as front footage and .direct access when spreading the benefit, and may result in lower cost to some parcels. The initial cost could be amortized over five years. In an effort to provide some assistance to the residents of these areas during times of flooding, the Council may wish to consider installing only culverts within the existing street right-of-way and not accept the street for maintenance. This would involve accepting the existing offers of right-of-way along Liefer Road and obtaining drainage easements from all property owners within the affected drainage areas. The cost of the improvements and associated maintenance will then be reimbursed to the City as a condition of any future Assessment District or TCSD Service Level. This does not remove the desert crossing at Liefer and does not include emergency maintenance costs. A petition from the residents adjacent to John Warner Road indicating their support for culverts is attached. A proposed questionnaire of property owners in each proposed Maintenance Zone is enclosed for your review. If the Council chooses to install only minimal drainage improvements, funds are available in the Public Works Drainage Facilities Maintenance Account No. 100-164-999-5401. Attachmerits: 2. 3. 4. 5. 6. 7. Resolution No. 92- Petition from John Warner Road Res,dents Map of Proposed Liefer Road Maintenance Zone Map of Proposed John Warner Maintenance Zone Mail Survey Form GFB Letter Community Service District Code; Section 61600 (j)(k) -5- PwOl\agdrpt%92~1208~meintnon.mre 1125 STATE OF CAi,II~ORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Resolution No. 92- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the __ day of , 1992, by the following vote: COUNCILMEMBERS: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: s,e,~e~u,e,.,,, -7- PwO1%agdrpt%92H2081rneinmon.mre 1125 RESOLUTION NO. ~,- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEFrING OFFERS OF DEDICATION FOR STREET AND PUBLIC'UTHATY PURPOSES, BUT NOT ACCEFrING INTO T!~CITY-MAINTAINED STREET SYSTEM, LIEFER ROAD. The City Council of the City of Temecula does resolve, determine and order as follows: WHE~AS, Lielet Road as depicted in Exhibit "A" attached hereto, has been offered for dedication to the City; WHEREAS, the legal description for Liefer Road is set forth in Exhibit "B", attached hereto; WHEREAS, Liefer Road has not been accepted as a public street and the City desires that the offers of dedication be accepted; WHEREAS, Lielet Road has not been constructed to City standard at this time; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. That the City of Temecula accepts the offers of dedication of Liefer Road. Section 2. That pursuant to Streets and Highways Code §1807, City of Temecula does not accept Liefer Road into the City-maintained street system at this time. Section 3. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temeeula at a regular meeting held on the day of ,1992. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, City Clerk [SEAL] p:ctyaz~J~lider,mo EXI'IIRIT "A" TO RESOLUTION NO. 9~ SUBJECT DEDICATION - LIEFER ROAD (lVlap Attached) F.xymm~i.k,.,.. -8- PwO1%egdrpt~92%1208~naintnon.mm 1125 EXHIBIT "B' TO RESOLU~ON NO. 92- Offers of Dedication and Declarations of Dedication, recorded but not accepted by the Riverside County Board of Supervisors, referenced on the following Parcel Maps: Offer of 66 ft. Road and Public Utilities easement as recorded as Instrument No. 119016, recorded December 5, 1968 as shown on Parcel Map per Book 1, pages 44 to 46 of Parcel Maps. Declaration of Dedication of 66 ft. road and Utilities easement as recorded as Instrument No. 18940, recorded February 18, 1975 as shown on Parcel Map No. 6276, recorded in Book 17, page 9 of Parcel Maps. Road and Public Utility easements per deeds recorded as Instruments No. 19223 and No. 16042, recorded February 27, 1969, and February 6, 1973 respectively, as shown on Parcel Map No. 6568, recorded in Book 26, pages 34 and 35 of Parcel Maps. Declaration of Dedication of 66 ft. road and public utilities easement recorded as Instrument No. 66342, recorded JUne 6, 1975, as shown on Parcel Map No. 6791, recorded in Book 25, pages 59 and 60 of Parcel Maps. Public road and public utility easement as recorded as Instrument No. 18940, recorded February 18, 1975, as shown on Parcel Map No. 7822, recorded in Book 29, pages 60 and 61 of Parcel Maps. Offers of dedication for road and public utility purposes made on Parcel Maps, but not accepted by The Riverside County Board of Supervisors: Lots "E" and "F" on Parcel Map No. 6568, recorded in Book 26, pages 34 and 35 of Parcel Maps. Lot "B" on Parcel Map No. 6791, recorded in Book 25, pages 59 and 60 of Parcel Maps. Lot "B' on Parcel Map No. 7822, recorded in Book 29, pages 60 and 61 of Parcel Maps. Lots "A" and "B" on Parcel Map No. 7979, recorded in Book 33, pages 73 and 74 of Parcel Maps. Lot "A" on Parcel Map No. 10426, recorded in Book 57, page 84 of Parcel Maps. Lots "G" and "H" on Parcel Map No. 10838, recorded in Book 56, page 42 of Parcel Maps. -9- pw01 ~agdrpt%92%1208~Ttaintnon.mre 1125 EY~__IBIT "A" ,,,,,, I 1///. ! I I " II zl ,,-- tl ;\ -~.:.'.2 ~ _ L_~ · I,'---F-7,, II fUllIll II II Ih tl I! II II II IL It- II I ~.11 Lot "C* on Parcel Map No. 13049, recorded in Book 95, page 35 of Parcel Maps. Lots 'A' and "B" on Parcel Map No. 13261, recorded in Book 70, page 6 of Parcel Maps. Offers of dedication for street and public utility purposes, accepted by the Riverside County Board of Supervisors for vesting purposes but not as a part of the road-maintained system, as indicated on the following Parcel Maps: Lots "C", "D", and "E" on Parcel Map No. 18022, recorded in Book 112, pages 28 and 29 of Parcel Maps. Lot 'A' on Parcel Map No. 18510, recorded .in Book 109, pages 86 and 87 of Parcel maps. Lots "A", "B", and "C" on Parcel Map No. 19826, recorded in Book 124, pages 32 and 33 of Parcel Maps. Lots "A" and "B" on Parcel Map No. 21051, recorded in Book 137, pages 44 and 45 of Parcel Maps. All recording data refers to Riverside County Recorder's Office. v.~.m -10- PwO1%egdrPtX92x,1208Xrnaintnon.mrs 1125 Lot "C" on Parcel Map No. 13049, recorded in Book 95, page 35 of Parcel Maps. Lots "A* and 'B' on Parcel Map No. 13261, recorded in Book 70, page 6 of Parcel Maps. Offers of dedication for street and public utility purposes, accepted by the Riverside County Board of Supervisors for vesting purposes but not as a part of the road-maintained system, as indicated on the following Parcel Maps: Lots "C', 'D", and 'E' on Parcel Map No. 18022, recorded in Book .l l2, pages 28 and 29 of Parcel Maps. Lot "A"' on Parcel Map No. 18510, recorded in Book 109, pages 86 and 87 of Parcel maps. Lots 'A', 'B', and *C' on Parcel Map No. 19826, recorded in Book 124, pages 32 and 33 of Parcel Maps. Lots 'A' and 'B' on Parcel Map No. 21051, recorded in Book 137, pages 44 and 45 of Parcel MapS. All recording data refers to Riverside County Recorder's Office. p:mycuL'Ul~kr.m - 1 O- pwO 1%sgdrpt%92% 1124\maintnon.mrs 1117B EXHIBIT "B" TO RESOLI. rrION NO. 92- Offers of Dedication and ~Declarations of Dedication, recorded but not accepted by the Riverside County Board of Supervisors, referenced on the following Parcel Maps: Offer of. 66 ft. Road and Public Utilities easement as recorded as Instrument No. 119016, recorded December 5, 1968 as shown on Parcel Map per Book 1, pages 44 to 46 of Parcel Maps. Declaration of Dedication of 66 ft. road and utilities easement as recorded as Instrument No. 18940, recorded February 18, 1975 as shown on Parcel Map No. 6276, recorded in Book 17, page 9 of Parcel Maps. · Road and Public Utility easements per deeds recorded as Instruments No. 19223 and No. 16042, recorded February 27, 1969, and February 6, 1973 respectively, as shown on Parcel Map No. 6568, recorded in Book 26, pages 34 and 35 of Parcel Maps. Declaration of Dedication of 66 ft. road and public utilities easement recorded as Instrument No. 66342, recorded June 6, 1975, as shown on Parcel Map 'No. 6791, recorded in Book 25, pages 59 and 60 of Parcel Maps. Public road and public utility easement as recorded as Instrument No. 18940, recorded February 18, 1975, as shown on Parcel Map No. 7822, recorded in Book 29, pages 60 and 61 of Parcel Maps. Offers of dedication for road and public utility purposes made on Parcel Maps, but not accepted by The Riverside County Board of Supervisors: Lots "E' and "F" on Parcel Map No. 6568, recorded in Book 26, pages 34 and 35 of Parcel Maps. Lot "B" on Parcel Map No. 6791, recorded in Book 25, pages 59 and 60 of Parcel Maps. Lot "B" on Parcel Map No. 7822, recorded in Book 29, pages 60 and 61 of Parcel Maps. Lots "A" and "B" on Parcel Map No. 7979, recorded in Book 33, pages 73 and 74 of Parcel Maps. Lot "A" on Parcel Map No. 10426, recorded in Book 57, page 84 of Parcel Maps. Lots "G" and "H" on Parcel Map No. 10838, recorded in Book 56, page 42 of Parcel Maps. p:~k,.m~ -9- pw01Xagdrpt%92% 1124%meintnon.mrs 1117B J ~' It 1/!1.,. LEGEND e;- FUTUI~E' ,~L:'CITY' OF TEMECUI, A I.,/,4/lrr'5..~ /-r. / ~~~.../' _ ~ .... PROPOSED !~OAD MAJNTF___.NANCF' /,;"x Ii I I Ii I! ' Jt It'---- II il II II UI LOCATION ,~.'T. 5. TCSD PROPOSED RCAD L~EFEP--, NO, OF PARC,r~c~; 50 MAINTENANCE ZONE STI~'~T LENGTH: % 700' ./_E:GENP · Q -BITU~ CULVERT = LocaCioc M~p N. T. S. TCSD PROPOSED ROAD MAINTENANCE ZONE JOHN WA RNER ROAD NO. OF FA~CSLS: 3q STrEeT LEN6TH: Z~z/50' .| City of Temecula 431~4 Business Park Drive · Temecula, California 92590 (909j 694-1989 · FAX (909') 694-1999 November 17, 1992 Dear Property Owner: The past several rainy seasons have resulted in erosion damage to Liefer Road, making this road inaccessible during and following rainstorm runoff. Although this street is not a part of the City-maintained street system, some of your neighbors have requested that the City of Temecula consider the installation of drainage facilities and road grading to form a two-lane ..rDadway in Liefer Road. One of the considerations for performing this work is the willingness of the benefited property owners to participate in the funding for the initial construction and for annual maintenance costs. The estimated maintenance costs average $600 per year for a 100-foot frontage. Parcels gaining the benefit of the Liefer Road roadway improvement, but not directly fronting on Liefer Road, would be participating in the construction and maintenance costs as well. The initial costs to the property would be higher due to the inclusion of the construction expense, however this amount could be amortized over a 3 - 5 year period. We have included a stamped postcard for your response to the following questions: 1. I (we) do not Wish to participate at all. I (we) are willing to accept an assessment between $0 and $600 per year for road purposes. I (we) are willing to accept an assessment between $600 and $1000 per year for road purposes. We would appreciate your response by December 1, 1992. Should you require additional information or clarification, please call Scott Harvey at (909) 694-6411. Sincerely yours, Tim D. Serlet,~'~ Director of Public Works/City Engineer Enclosures: Postcard and Exhibit "A" pwO1\agdrpt%92~l 124\liefer.ltr 111792 PROPOSED ROAD MAINTENANCE ZONE UEFER ROAD (Please retum by December 1, 1992) Per the enclosed letter and map regarding the Proposed Road Maintenance Zone ("PRMZ") area, please indicate your preference of participation for the PRMZ: 1. I (we} do not wish to participate at all. 2. I (we} ere willing to accept an assessment between $0 to $600 per year for road purposes. 3. I (we) ore willing to accept an assessment between $ 600 to $1,000 per year for road purposes. Please indicate your preference number [1, 2 or 3l from above: Comments: (Name-Please Print} (Addreea) (Signature) pw01 \agdrpt%92%1124%liefer.ltr GFB & ASSOCIATES, INC. Land Development Consultants Engineering Planning Surveying ~_ November 5, 1992 JN:---R563v.0.10! city oi T.imec la ' ......t-REC".E.?.-{ED ......... ' P.O. Box 3000 "'?' "Temecula:"Ca. 92390 -.,-., ' ::;2:'].'.E;'Y.% ._...-:.NOVIS 1992""": ' ':: " . Set n n ' · · - -~-';.: ..... ...' ]::!>:::. :?~:-"..-... .-..- ...:,: ....· ............., ......... -- _. :-' ." , ::.. _'. ~ . 5. j.::: '-.,'" ...........""" ":" .......: '! -'. "-'~f'Toni-LSimm's: Property-Santia~o" Road 2V-:~ L: =-,_'_' ..--.'-.':--~j-- 'i '. - - ...:.'. '_L:..... ., '- ..:,E"-Y."7:L~.~.-.-:-: .....'7'.'-7: ] .. '>':':-:7.'.. -'- '-:; .C"-!' "",:-'j":j' '.'.jT:Li'7l:, :.-'-2:.. ,--,-...; '..'-..:'~- :' :'i7 '~!' ~ .' ...... -: .. - ....... - ...... Dear .' Tim: -y · :' "~ ' "'; ............ : .......":'~-:: '-7i' ,:7'~.-' -7: .',_, .j'_ !_.' ' ......... ......... · ....-. j .:-,'-~.~ . . .... -... .-.. ..... ; .:. _.,-..., ........ Our 'Cli~t,-'l~. Tom Sinuns, was very pleased .to cooperate with the'-""'.' City by 'alloving the placement of desilting basins in the natural drainage course which passes through his property parallel vith the Santiago Road frontage. We understand upstream erosion, resulting from the wash out of unimproved Santiago and John Warner Roads, creates flooding problems downstream because the silt fills up the downstream storm drains. Mr. Simms has personally spent over $50,000.00 trying to form an assessment district to improve Santiago and John Warner Roads, without success, which would probably solve the erosion problems currently being addressed. Mr. Simms'has addressed a' letter to' the' City'Manager-'aad Council regarding his concerns about the public health and--safety risk ...... associated with the lack of pavement and drainage improvement of :'- Santiago and John Warner Roads. Perhaps our letter could also be shared with the City Council which demonstrates Mr. Simm's cooperation and concerns about his' neighbors. ' Yours very truly, GFB & ASSOCIATES, INC. res en cc: Mr.-Tom Simms Mr. Hal Hefner GFB:sm" 6809 INDIANA AVENUE, SUITE 201 · RIVERSIDE, CA 92506 · {714} 7814)811 .tie 6 ~tion · ;1600 1605 .1610 1627 1650 1710 '20.1 t720 :7.01 t740 L742 lot- ies. ;ili- acy oI1- .:~ ~]' .... ..... erEy supply works' and services; - acquisition from utilities; ',~f' · 61601.12.'. Additional purposes; submission of proposition of additional powers to voters. .. 61602. Divestiture of powers. '-: : : 6 600. of ~,.~ A ~ fom~ ~der ~is hw may ~e~e ~e ~w~ he~- ~ ~er ~t~ for ~ of ~e fo~o~ng p~ ~ ~ve ~ d~ig- ~ ~' ' nat~ ~ ~e petition for fomation of ~ ~ct ~d for ~ o~- ~: ~ ~ of ~e foBowing p~os~ ~ the ~ s~ adopt M h~~ ~ ;~ ,~- provide: f~j:' '~J~' ' (b) ~e coU~on~ ~ea~ent or ~po~ of s~ge, ~e nd .-~'Z ] '~ ~om water of ~e ~ct ~d i~ inhabitS." '- ~ ' ..~- (c) ~e ~Hec~on or ~spo~ of ~bage or r~ ~. .~-~ (e) ~bMc r~ea~on by meam of p~, indu~g, but not Jim- ~ .:~ '.~ co~, ~ming poo~ or ~ea~on b~. -~. ~. ~- .~,..~. (h) ~e ~pment ~d m~ten~ce of a po~ dep~t or o~er poEce p~t~fion'to prot~t ~d ~e~d ~e ad p~, (i, To .~ ,it~ for. ~c~ ~d m~ Hb~ b~d- ~, ~d to c~mte ~ o~er ~v~~ a~ for : ...... .j.'. -~ .... Z .... - .............. '~":'~d m~g. m' wh0ie or pm of ~y ~t ~ ~ ~'.~.~ and operated by either a "public a~ency" or a "pUblic utiliW" +as de- fined in Section 5896~ of the Streets and HighwaYs Code, and to take proceedings for and to finance the cost of such conversion in' accord- ance with the provisions of Chapter 28 (commencing with Section 5896.1) of Part 3 of Division 7 of the SWeets and HiEhways Code, subject to the consent of the public agency or public utility responsi- ble for the owning, operation and maintenance of such facilities. Nothing herein con, t,.ained shall be construed as ~iving a district limited t Ce~t/orni Commun Content~ County T Flood cc Garbage Improve Irrigatic Mosquit, formed under this ld~v' the power to install, own or operate such facfi- *"'l ~ Permiss ities as are described in this subdivision. ~ ' Police p: (m) To contract for ambulance service to serVe the residents of Reereat~ the district as convenience. requires, if a majority of the voters in the . ,~./~ Sax~tar.~- district, voting in an election thereon, approve. : ' ' ~ i~ '-$ '. ~,;rwe~ ~' (n) To provide and maintain public airports and landing places ~-Z,~.._i ~=-'-. vector~ 637, § 11; Stars.1957, c. 1265, p. 2569, § 1; Stars.1959, c. 653, p. 2629, § 1; . -"'~'?"'~ ~.~",Z ... Stars. Z959, c. 1600, p. 3970, § 1; Stat~.1963, c. 2067, p. 4315, § 6; Stars. 1968, c. 338, p. 723, § 1; Stat~.1971, c. 182, p. 249, § 2, eff. June 25, 1971; Stars. Z972. c. 258, p. 508, § 1; StaLs.1979, c. 157, p. 352, § 2, eft. June 27, 1979; Stats.1980, c. 296, p. 622, § 2.) · ' Historical Note .: 378 StatsA955, c. 16T7, p. 3013, ! 3, pro- vided as foUows: *'Section 2 of this act [amending this section] shall become openfive only if SenIsle Bill No, 1714 of the 1955 General Session [8tatsA955, c. 1746, p. ~204] Ls enacted into law and in.such me ac the same time as said Senate Bill ~o. 1714 takes effect; at which ~ime Section ~ of this act [amendinK former S 60600] is re* pealed." " ' The 195T amendments added a new sub<L (i), relacin2 to libraries; and deleted former subds. (i), (j), end (k), relating to water for irriZacion, street improve- , The 19~ amendments added subds. (i), (j) and (k) [see 1957 amendments notel. Stats.19~5, e. 1487, p. 9699, § 3, pro- vided as follows: "Section 2 of this act [amendinS this section] shall bee~me operative only if Senate Bnl No. 1T14 el the 1955 General Session [Statl.19~, c. 1T46, p. ~20~] is enacted into law and is such case at the same fires as said Senate Bill No, 1714 takes effe~: at which time Section 1 (amencling forme~. ~'60600] o{ th..is act is repenled,~ ~ ? · Xirport / ~, . Z(~:" -. -.~ .~ "~w'- _.u. · ~--.- ] r ...~ .--... ~:. ~-.. ITEM NO. 19 TO: FROM: DATE: SUBJECT: APPRO~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER . CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill,"Director of Planning December 8, 1992 Temecula Film Commission PREPARED BY: Debbie Ubnoske, Senior Planner RECOMMENDATION: Direct staff to create an Ordinance establishing an application procedure and associated fee. BACKGROUND Recently, the Temecula Film Commission was established for the purpose of soliciting business from the film/television/video industry and providing liaison services between the local government, the community, and production companies. The Film Commission is currently comprised of volunteers whose job it is to serve as a clearinghouse for marketing coordination and location guidance to producers and production companies. Staff recommends the City assist the Temecula Film Commission by creating an application and procedure which will ensure timely processing of applications, as well as adopting a minimal fee. Currently, persons wishing to film in the City for profit would be required to file for a Minor Outdoor Event permit. Staff suggests that a new application be created that would specifically address the unique issues of the film business. Additionally, it has been suggested by the City Manager that a fee similar to the City's business license fee ($35.00) be adopted. FISCAL IMPACT A number of states have established film commissions to enable them to attract the film/television/video industry. The Utah State Film Commission reported $20,248,000 was spent on Utah goods and services by out-of-state production companies during the fiscal year 1989-1990. The San Diego Motion Picture and Television Bureau reported for the fiscal year 1990-1991, total dollars spent in San Diego amounted to $11,000,269. They also reported over 3,000 local people were employed. The Phoenix Motion Picture Coordinating office reported for fiscal year 1990-1991, an estimated $16.8 million dollars was brought into the local economy. It is not known, at this time, what the fiscal impact will be to the City of Temecula. s~tNwa~u4c~cc 1 Attachments: A. Economic Impact of Film Commissions in Other Cities - Page 3 B. San Diego Motion Picture and Television Bureau - Economic Impact Report - Page 4 S~BLANNING~FII. MCOMM.CC 2 ATTACHMENT A ECONOMIC IMPACT OF FILM COMMISSIONS IN OTHER CITIES S%R.ANNING~t. MCOMM. CC 3 ECONOMIC IMPACT OF FILM COMMISSIONS IN OTIIER CITIES TIle film/television/video business is a non-polluting and lucrative industry which carries a prestigious reputation. TIle producing teain comes in and spends their dollars utilizing local personnel and facilities to produce tlleir project. Below are some cities and the economic benefits they have reaped from the film/television/video industry: The Utah State Film Commission reported $20,248,000 was spent on Utah goods and services by out-of-state production companies during tile fiscal year 1989-1990. An additional $17,733 was spent by in-state companies for a total of $37,981,000. There were 1,323 production work days for Utah residents and services. The San Diego Motion Picture and Television Bureau, which is a division of the Greater San .Diego Chamber of Commerce and supported by the City of San Diego reported that for the fiscal year July 1, 1990 thru June 30,' 1991, total dollars spent in Sail Diego was $11,000,269.00 They also reported that over 3,000 local people were employed. Tile various productions that brought in these million~ of dollars into tile local Sail Diego economy inchaded 6 feature fihns, 5 television movies, 25 television series episodes, 37 commercials, 5 documentaries, 17 industrials, 73 still photography for Print and Catalogue advertising. The Central Utah Film Commission, just oll its second year of operation reported a total of $1,986,050.00 spent by a combination of ou~-0f-state and in-state production companies for the fiscal year 1991. The San Jose Fihn and Video Commission reported an actual economic benefit of $8,000,000.00 for 1989-1990. In 1990-1991, ~ti~e San Jose Film and Video Commission assisted 3 feature fihns and television movies, 26 television series and 20 commercials who filmed in San Jose and the surrounding area. These projects resulted in more than 10,000 rooln nights and $7.1 million to the local economy. The Phoenix Motion Picture Coordinating office reported that for tile fiscal year 1990-91, fihn and tape production brought an estimated $16.8 million into tile local econoiny. This included 5 feature fihns, 9 television series and numerous national and local commercials. All tile figures were compiled from production surveys signed and returned by production executives that have fihned in the different cities. No economic multipliers were applied in the figures supplied for San Diego and Phoenix. ATTACHMENT B SAN DIEGO MOTION PICTURE AND TELEVISION BUREAU ECONOMIC IMPACT REPORT SW~a~eeNG~Ue:OM,~CC 4 -/ SAN DIEGO MOTION PICTURE AND TELEVISION BUREAU A Division of the Greater San Diego Chamber of Commerce Supported by the City of San Diego ECONOMIC IMPACT REPORT FISCAL YEAR RJLY .1, 1990 THRU JUNE 30,. 1991 Production Breakdown FEATURES Total Features Shooting Days ................................................ 62 Hotel Room Nights -. .......................................... 428 Police Fees .............................................. $10,168 Local Crew &Talent --- .......................................... 350 Total Dollars ........................................... $!.945,000 TV MOVIES Total TV Movies Shooting Days , · ................. ' .............................. 68 Hotel Room Nights .......................................... 3,505 Police Fees ............................................... $5,008 Local Crew and Talent ................................ · ......... 282 Total Dollars ........................................... $2.361.513 TV SERIES Total TV Series ......................................... ' ...... 25 Shooting Ddys ............................................... 124 Hotel Room Nights .......................................... 1,995 Police Fees ............................................... $5,490 Local Crew and Talent ......................................... 951 Total Dollars ........................................... $2.059,600 COMMERCIALS Total Commercials ............................................. 37 Shooting Days .................................... .. ........... 91 Hotel Room Nights .......................................... 1,249 Police Fees .............................................. $27,642 Locaj Crew and Talent ......................................... 691 Total Dollars ................. .......................... $1.737 800 DOCU1VIENTARIES Total Documentaries ...................... : ...................... 5 Shooting Days ................................................ 12 Hotel Room Nights ............................................ 18 Police Fees ............................................... $1,337 Local Crew and Talent .......................................... 35 Total Dollars ............................................. $72,500 INDUSTRIALS Total Industrial Shootina Days Hotel Room Nights ........................................... 278 Police Fees ............................................... $5,247 Local Crew and Talent ......................................... 247 Total Dollars ............................................. $425.900 STILL PHOTOGRAPHY (Print and Catalog Aclvertising) Total Stills ................................................... 73 Shooting Days ............................................... ' 481 Hotel Room Nights ............................. ... ............ 6,057 Police Fees .............................................. $15,348 Local Crew and Talent ......................................... 540 Total Dollars ........................................... $2.149.592 STUDENT FILMS Total Productions ............................................... 2 Shooting Days ................................................ 27 Local Crew and Talent ........................................... 0 Total Dollars .............................................. $4.724 OTHERS (Music Videos. Educational etc.) Total Productions .............................................. 23 Shooting Days ................................................ 48 Hotel Room Nights ........................................... 310 Police Fees ............................................... $1,372 Local Crew and Talent ........................................... 94 Total Dollars ..... ~ ....................................... $258.640 TOTAL FOR FISCAL YEAR 1989 · $11 006 267 00 ITEM 20 ITEM NO. 21 FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning December 8, 1992 Temporary Signs in Old Town Historic District PREPARED BY: David W. Hogan, Associate Planner RECOMMENDATION: It is requested that the City Council provide direction to City Staff on the implementation of temporary sign regulations in the Old Town Temecula Historic District. BACKGROUND: Temporary sign regulations for Old Town were included in the Ordinance Regulating Temporary Signs. AcCording to Ordinance in 578, all structures and signs in Old Town also need to conform to the requirements of Ordinance 578. In effect since 1980, Ordinance 578 established the Old Town Local Review Board and is intended to maintain the historic character of Old Town. The Ordinance Regulating Temporary Signs included a provision to address the need for consistency between the Historic Preservation District and Temporary Sign Ordinances. The City Council has provided direction to Staff to include provisions in the Temporary Sign Ordinance to delay enforcement of the temporary signs on private property for six-months. DISCUSSION: As with temporary signs citywide, no enforcement activities were conducted in Old Town during the past year. Staff has analyzed the historic consistency provisions of Ordinance 578, considered the instructions provided by the City Council concerning the enforcement of temporary sign regulations citywide, and is requesting addition direction from the City Council concerning the enforcement of temporary signs in Old Town. Based upon this analysis of these ordinances and the Council's previous direction, there appear to be three alternatives to address this issues. The alternatives for addressing the issue of historic consistency and temporary signs in Old Town Temecula are as follows: Six-Month Moratorium; discontinue the enforcement of the historic consistency provisions of Ordinance 578 for temporary signs in Old Town for a six month period. Be Continue to enforce Ordinance 578; by requiring that all temporary signs in Old Town be reviewed and approved by the Local Review Board prior to their use, while grandfathering temporary signs on private property in Old ToWn in a manner consistent with the Ordinance Regulating Temporary Signs. SIGNCOMI~OTTleSGN.AR Continue to enforce Ordinance 578 and enforce the provisions of the Ordinance Regulating Temporary Signs; by amending Section 5 of the proposed Ordinance to 'remove the grandfather provisions for temporary signs in Old Town, and by implementing the provisions of the Ordinance Regulating Temporary Signs in the Old Town Area. CONCLUSION: It is the opinion of City Staff that Alternative A, the six month moratorium on the enforcement of the historic consistency provisions as they relate to temporary signs on private property in Old Town Temecula is consistent with prior Council direction, and is the best alternative in this situation. The moratorium period will enable the Local Review Board and City Staff to finalize guidelines for temporary signage in Old Town, pursuant to the provisions of Section 19.10(B) of the proposed Ordinance Regulating Temporary Signs, will enable the consultant preparing the Specific Plan to address temporary signage in Old Town as part of the design guidelines in the Old Town Specific Ran, and will treat temporary signs in Old Town the same as they are being addressed citywide. RECOMMENDATION: Staff recommends that the City Council provide additional direction on the issue of temporary · signs in Old Town and instruct Staff to implement Alternative A; the six-month moratorium on the enforcement of the Ordinance Regulating Temporary Signs in Old Town. SC, NCOea~OTrU'SC, N_AR 2 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD NOVEMBER 24, 1992 A regular meeting of the Temecula Community Services District was called to order at 12:30 AM, with President Ronald J. Parks presiding. PRESENT: 4 DIRECTORS: ABSENT: I DIRECTORS: Birdsall, Lindemans, Mur~oz, Parks Moore 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 Mu~oz to approve consent calendar Items 1-3. The motion was unanimously carried. Minutes 1.1 Approve the minutes of November 10, 1992. 2. Loma Linda Park Site Project 2.1 Award contract of $40,050 to Walt Ranking and Associates, Inc. to purchase and install two (2) tot lots at the Loma Linda Park Site. 3. Reduction of Landscape Bonds for Tract 22716-0, 02, 03.04 - Vintage Hills 3.1 Authorize the reduction of Landscape Improvement Bond amounts for TCSD maintenance areas within Tract 22716-0, -2, -3 and -4. DISTRICT BUSINESS 4. Riverton Lane Park Site Director of Community Services Shawn Nelson presented the staff report. Vince Didonato of the Alhambra Group reviewed the location of the Park and outlined . the Master Plan. Minuteell 12492 - 1- 11130192 CSD Minutes -November 24, 1992 -- President Parks asked why no restrooms had been planned for this park. Mr. Nelson responded that due to cost constraints, restrooms were not planned for this size park, however, portable restrooms will be available. It was moved by Director Murtoz, seconded by Director Lindemans to approve staff recommendations as follows: 4.1 Approve the Master Plan for the Riverton Lane Park Site; 4.2 Authorize the preparation of construction documents and release a formal public bid for the Riverton Lane Park Site. The motion was unanimously carried. Naming of Three City Park Sites Director of Community Services Nelson presented the staff report. Director Lindemans stated he agrees with the names Riverton Park and Loma Linda Park but objects to the name Rawhide Park. He suggested it be named after the famous writer Earle Stanley Gardner who lived and died in Temecula. It was moved by Director Mur~oz, seconded by Director Parks to approve the names Riverton and Loma Linda Park. The motion was unanimously carried. It was moved by Director Lindemans, seconded by President Parks to continue the naming of the park site on Pala Road to the meeting of December 8, 1992. The motion was unanimously carried. GENERAL MANAGER'S REPORT None given. COMMUNITY SERVICES DIRECTOR REPORT Director Nelson reported the City received 13 bids for the Community Recreation Center - Phase II Project, 11 of which were qualified. He reported that the low bids are in the $4,000,000.00 range, and award of the bid should be on the agenda shortly. Minutes/112492 -2- 11130/92 CSD Minutes : November 24, 1992 CITY ATTORNEY REPORT None given. DIRECTORS REPORTS None given. .. ADJOURNMENT It was moved by Director Mur~oz, seconded by Director Lindemans to adjourn at 12:40 AM to a meeting to be held on December 8, 1992, 8:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California. The motion was unanimously carried. ATTEST: June S. Greek, TCSD Secretary Ronald J. Parks, President Minuteell 1 2492 -3- 11130192 ITEM NO. 2 APPROVAL CITY OF TEMECULA AGENDA REPORT TO: BOARD OF DIRECTORS FROM: DAVID F. DIXON, CITY MANAGER DATE: DECEMBER 8, 1992 SUBJECT: CALLE ARAGON PARK PROJECT PREPARED BY: ~j'~l~--~- SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR RECOMMENDATION: That the Board of Directors: 1. Approve a transfer of $48,800 from the Quimby Fund to the Capital Projects Account. 2. Appropriate $48,800 to Capital Projects Account//210-190-135-5804. DISCUSSION: As a result of the street closure on Avenida De La Reina, the City Council directed staff to expand Calle Aragon Park to assist in the closure of the street while providing an additional recreation amenity to serve the surrounding residents. The park expansion includes demolition of the pavement, construction'of hardscape, and installation of landscape improvements. The City will utilize its existing contracts with Ramtek Contractors, Inc. and California Landscape Inc. to complete the park improvements. Construction is expected to be completed within ninety (90) days. FISCAL IMPACT: A budget transfer of $48,800 from the Quimby Fund to the Capital Projects Account and an appropriation of $48,800 to Capital Projects Account //210-190-135-5804 is required. Sufficient funds are available in the Quimby Fund Account. ITEM NO. 3 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT BOARD OF DIRECTORS DAVID F. DIXON, CITY MANAGER DECEMBER 8, 1992 CONTRACT CHANGE ORDER NO. 001 FOR COMMUNITY RECREATION CENTER - PHASE I PREPARED BY: ~.SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR RECOMMENDATION: That the Board of Directors: Approve Contract Change Order No. 001 with R. W. Cash Construction increasing the contract amount $38,700 due to additional over-excavation and recompaction of existing alluvium subgrade for the Community Recreation Center (CRC) Project - Phase I. DISCUSSION: During the construction of the mass grading of the CRC Project, it was determined that it will be necessary to over-excavate and recompact an additional 43,000 cubic yards to achieve a firm subgrade prior to placing fill dirt on the site. The specifica1~ions did estimate the approximate amount of over- excavation and recompaction for this project based on a preliminary soils report. However, it is difficult to establish a firm amount for the over-excavation until actual construction has begun. Hence, the additional costs associated with this work is $.90 per cubic yard @ 43,000 CY = $38,700. FISCAL IMPACT: It is necessary to appropriate an additional $38,700 to account #210-190-129-5804 for this project. .ITEM NO., 4 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT BOARD OF DIRECTORS DAVID F. DIXON, CITY MANAGER DECEMBER 8, 1992 GRANT OF EASEMENT TO RANCHO CALIFORNIA WATER DISTRICT PREPARED BY: ('-~;v~- "~GARY L. KING DEVELOPMENT SERVICES ADMINISTRATOR RECOMMENDATION: That the Board of Directors: Approve Grant of Easement within the Rancho California Sports Park to the Rancho California Water District for maintenance purposes. DISCUSSION: On October 9, 1992, the City of Temecula began construction on the Community Recreation Center (CRC) project. As a necessary appurtenance to the fire protection system proposed for the CRC project, a double check valve is required to be installed in the Rancho California Sports Park by the Fire Department. As a result, a "Grant of Easement" has been prepared to allow the Rancho California Water District access to and maintenance of the double check valve assembly, which will be located outside of the public right-of-way on Rancho Vista Road but within the Rancho California Sports Park. The Grant of Easement documents have been reviewed and approved by the City Attorney in terms of content and form. FISCAL IMPACT: None. Recording Requested By ' RANCHO CALIFORNIA WATER DISTRICT Alter Recordaim Return to: Rancho Calilornla Water Dislricl 28061 Diaz Road Post Oilice Box 90t7 Temecula, Calilornla 92589-9017 Space Above This Line lot Recorder's Use GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, CITY OF TF~IECUr-A COMMUNITY SERVICES DEPARTM=NT hereby GRANT (S) to the RANCHO CALIFORNIA WATER DISTRICT, a public corporation, a perpetual non-exclusive easement and right ol way lot pipeline or pipelines, together with Incidental appurtenances, connections end slruclures In, over, under, upon, along, Ihrough and across the real property situated In Ihe County of Riverside, Stale ol California, herein/fief described, SEE ATTACXlED .EXIlIBITS "A" AND Together with the right 'to grade and. Improve said right of way end to enter upon and to pass and rapass over and along said strip ol land for the construction, OperatiOn and malnlenance ol the lecllltlee Io be constructed In said easements by the RANCHO CALIFORNIA WATER DISTRICT. II Is understood and agreed Ihal Ihe easemania and rights of way acquired herein are subject to the right of the owner, his successors and assigns, to use Ihe surlace ol Ihe land within the boundary lines ol such easements and rights of way to the extent that such use Is compatible with the lull end free exercise of said easements and rights ot way. by the RANCHO CALIFORNIA WATER DISTRICT; provided however, that no fences, block walls, or other slructures or DIner improvements shall be constructed upon, over, and along said easemania and rights ol way without first obtelnlng the written consent ol the RANCHO CALIFORNIA WATER DISTRICT. No fill or paving of any nalure shall be placed or maintained over the surface ol the ground, nor shall any earth be removed Irom Ihe cover or said pipeline after construction, without first obtaining the written approval of the RANCHO CALIFORNIA WATER DISTRICT. IN WITNESS WHEREOF, this instrument has been executed this day of _, CERTIFICATE OF ACCEPTANCE The undersigned, being Ihe duly appointed agent of RANCHO CALIFORNIA WATER DISTRICT, a public corporation, Riverside County, Celilornla. pursuant to Its Resolution No. 22, me amended Oy Resolution No. 196, does hereby accept on behest ol said DIstrict the grant of III Interests in ree~ estate for public purposes ss described In the attached Grant of Easement dated ,19 by Ind belween the RANCHO CALIFORNI,~ WATER DISTRICT, and and does hereby certify Ihat the grantee consents to the recordstlon ol said grant. DATED: ,19__. RANCHO CALIFORNIA WATER DISTRICT By EXHIBIT leA- LEGAL DESCRIPTION FOR DETECTOR CHECK VALVE EASEMENT THOSE PORTIONS OF THE RANCHO TEMECULA GRANTED BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA TO LUIS VIGNES BY PATENT DATED JANUARY 18,-1860 AND RECORDED IN BOOK 1, PAGE 37 OF PATENTS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE CENTERLINE OF RANCHO VISTA ROAD AS SHOWN ON A MAP OF TRACT NO. 20079-3 FILED IN MAP BOOK 150, PAGES 41 THROUGH 46 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY WITH THE EASTERLY LINE OF THE SOUTHERN CALIFORNIA GAS COMPANY EASEMENT AS DESCRIBED IN A DOCUMENT RECORDED SEPTEMBER 19, 1958 IN BOOK 2334, PAGE 559, OF OFFICIAL RECORDS IN SAID OFFICE OF THE RIVERSIDE COUNTY RECORDER, SAID POINT BEING ON A CURVE IN SAID CENTERLINE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1600.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS'NORTH 8' 13' 31" EAST~ THENCE LEAVING SAID CENTERLINE, NON-TANGENT FROM SAID CURVE, ALONG SAID EASTERLY LINE TO A POINT ON THE SOUTHERLY RIGHT.-OF-WAy OF SAID RANCHO VISTA ROAD, A RADIAL LINE OF SAID POINT, BEING NORTH 08' 05' 19" EAST, HAVING A RADIUS OF 1644.00 FEET. THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAy, WESTERLY 295.68 FEET THROUGH A CENTRAL ANGLE OF 10' 18' 18"~ THENCE TANGENT FROM SAID CURVE NORTH 71' 36' 23" WEST 56.50 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE CENTERLINE OF A 16' FOOT WIDE STRIP DESCRIBED AS FOLLOWS~ THENCE LEAVING SAID RIGHT-OF-WAY AT RIGHT ANGLES TO SAID CENTERLINE OF RANCHO VISTA ROAD SOUTH 18' 23' 37" WEST 18.00 FEET TO THE POINT OF TEEMINUS. SEE EXHIBIT "Bt* ATTACHED _ SCALE.: I" = 407Z7_ TR, 2 0o79 --',3 EXHIBIT "B" RO.B. ,~ NB"I3'31"E N 08°05' 19 "E (R) GAS COMPANY EASEMENT DOCUMENT RECORDED SEP~ 19,1958 IN BOOK 2334 PAGE 559. "~ T. RO.B. 0 945-,r, OSO--OOz~ 18023' 37" W 18,00' RANPAC ENGINEE}tlNG 'CORPORAlION 27447 EnlterprlH Clrde Week, Ternecule, CA,, 92390 THIs PLAT l$ SOI/:LT AN NO IN LOCATING 114I PARClL(S) DL'Sa~BEZ} IN THE ATTAI:!~ DOCUMENT. IT I$ NOT PART OF THE tWlTI'!~ Dt'~CINPTION 114(RDN. SCALE: 1'- 40' I DRAWN eYZ.~ DATE/~-,t2'-.f,~. [ EXHIBIT CIVIL ENGINEERS LAND SURVEYORS, PLANNERS SHEET :::) OF ~) I FOR D.C.V. EASEMENT ITEM NO. 5 APPROVAL CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT BOARD OF DIRECTORS DAVID F. DIXON, CITY MANAGER DECEMBER 8, 1992 PARK SITE ON PALA ROAD PROJECT PREPARED BY: ~ SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR RECOMMENDATION: That the Board of Directors': 1. Adopt Negative Declaration for the Park Site on Pala Road Project. 2. Approve the master plan of the Park Site on Pala Road. Authorize the preparation of construction documents and release a formal public bid for the Park Site on Pala Road Project. DISCUSSION: A Project Committee for the Park Site on Pala Road was formed comprised of members from the City Council (Ron Parks and Peg Moore); Parks and Recreation Commission (Dee Hillin and Jeff Nimeshein); and representatives from the Sports Council. This committee was responsible .to provide a recommendation concerning the design component of the park site. A total of four (4) meetings were held by the committee which reviewed several options concerning the proposed design of the park. Major issues of discussion included the configuration of the ballfield/soccer overlays; location of restroom/snack bar facilities; drainage concerns; and access to the facility. An environmental assessment has been completed by the City's Planning Department, with a negative declaration given to the project. As a result of committee's effort, the proposed master plan for this 28.6 acre park site includes four (4) lighted ballfield/soccer overlays, two (2) restroom/snack bar facilities, lighted basketball court, two (2) lighted tennis courts, two (2) sand volleyball courts, two (2) tot lot areas, group picnic shelters, wildlife habitat area, and 160 parking spaces. The construction estimate for this project is $2,600,000, which includes costs associated with providing access to the park site ($195,0000). Kingsway Development Company is currently required ~o provide the access road to the park site and to serve their adjacent development. A significant portion of the access road costs for this park can be reimbursed by Kingsway either through a reimbursement agreement or through the performance bonds that have been posted for these improvements. On November 13, 1992, the Parks and Recreation Commission reviewed and approved the master plan for this park site. The Commission emphasized that proper disclosure of the community park to prospective buyers within the Kingsway Development was imperative. A presentation will be made from Pat Caughey from Wimmer Yamada Associates (WYA) concerning the master plan and budget costs for this park site. FISCAL IMPACT: Construction estimate for this project is $2,600,000. The budget established in the Capital Improvement Program is $2,000,000. However, additional Development Impact Fees (DIF) are available to fund this project. It is therefore recommended to defer any additional appropriation of funds for this project until the award of contract for construction of the park. o? e,i · · ."1"-': · .: ..: : ... IjI I [ WIMMER.YAMADA ~x s s o c l.~ r ~ s Landscape Architecture · Land Planrang November 3, 1992 PAIA ROAD PARK PRBLIMINARY ASb'UMPTI08 OF PROBABLE OOSTS The following cost analysis is based on the 'pre-final perk master plan categories have been established to identify key groups of items as they pertain to specific areas of develoFment. 1. Utilities - On-site. Sewer connection, $ 100,000.00 meters, connection fees 2. On-Site improvements: Grading, $ 260,000.00 drainage systems, clearing, grubbing. .demolition, stockpile topsoil, riprap channels e Hardscape: Paving, walls, trails Recreation facilities Ballfield backstops, tennis courts, etc. $ 315,000.00 $ 13'0,000.00 Buildings/arbor: Concession stand, Restroom, picnic structures '* Option - Future 2nd building and use prefabricated picnic shelters. Deduct $100,000.00 $ 320,000.00 Site amenities: Signage, drinking fountains, benches. fencing, trash containers, etc. $ 50,000.00 Landscape - Main park: Soil amending, trees, shrubs, groundcover and turf $ 290,000.00 Landscape - Riparian area: Trees. shrubs and hyroseed $ 30,000.00 JOSEPH Y. YAMADA. FASLA &',,D ktll lt D SIM(1% ASLA. PRINCIPALS City of Temecula Planning Department Notice of Proposed Negative Declaration PROJECT: APPLICANT: LOCATION: DESCRIFrlON: Rawhide Park (Pala Road Park Site) Improvement. Temecula Community Services District. East of Pala' Road and south of Temecula Creek;' approximately 1/2 mile southeast of the intersection of Pala Road and 5R-79 (South) in the City of Temecula. The construction of a 16 acre community park facility, including lighted multiple use play fields, play areas, group picnic areas, equestrian and hiking trails, rest rooms and related maintenance and parking facilities; and the permanent dedication of six acres for wildlife habitat along the southern margin of the creek channel on a 22 acre site. The 'City of Temecula intends to adopt a Negative Declaration for the project described above. Based upon the information contained in the attached Initial Environmental Study and pursuant to the requirements of the California Environmental Quality Act (CEQA); it has been determined that this project as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, the City Council intends to adopt a Negative Declaration for this project. The measures required to reduce or mitigate the impacts of this project on the environment will be included in the project design and will be incorporated into the Negative Declaration. The Comment Period for this proposed Negative Declaration is November 6, 1992 to December 8, 1992. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula, 43174 Business Park Drive, Temecula, CA 92590. The public notice of the intent to adopt this Negative Declaration is provided through: · X The Local Newspaper. _ Posting the Site. _ Notice to Adjacent Pwporty Owners. If you need additional information or have any questions concerning this project, please contact Gary L. King, ~yZe~erv~s Administrator at (714) 694-6480. C-x.).~ ~,_~,---- David W. Hogan. Associate Planner (Signature) C (Name and Title) CEQA~..A20.PND Page Two Pala Road Park Preliminary Ass~ption of Probable Costs November 3, 1992 Irrigation - Main Park Turf spray, drip 10. Irrigation - Wetlands Park 11. Playground Area: Structures, arbor and concrete edge 12. Site lighting * Option - Eliminate one lighted · soccer field. Deduct: $50,000.00 SUBTOTAL: 10% CONTINGENCY: TOTAL: ACCESS ROAD OFF-SITE UTILITY COSTS AS PER 10/7/92 MEMO POTENTIAL lOJ DISCOUNT AVERAGE: * Based on current economic trends POSSIBLE REIMBURSEMENT ON OFF-SITE IMPROVEMENTS ~TT~AL: $ 210,000.00 $ 60, 000.00 $ 55,000.00 $ 360,000.00 $2,180,000.00 $ 218,000.00 $2,389,000.00 $ 195,000.00 $2,593,100.00 $ 259, 300. O0 $2,333,700.00 $ 154, 045. O0 · $2,179,655.00 City of Temecula Plannin Department Initial Environmental Study I BACKGROUND H 1. Name of Project: Rawhide Park (Pala Road Park Site) Improvement. 2. Case Numbers: - Environmental Assessment (EA) No. 20. Location of Project: East of the Extension of Pala Road and south of Temecula Creek; approximately 1/2 mile southeast of the intersection of Pala Road and State Highway 79 (South) in the City of Temecula.. , Description of Project: The 'construction of a'16 acre community park facility, including lighted multiple use play fields, play areas, group picnic areas, equestrian and hiking trails, rest rooms and related maintenance and parking facilkies; and the permanent dedication of six acres for wildlife habitat along the southern margin of the creek channel on a 22 acre site. 5. Date of Assessmem: November 3, 1992 6. Name of Proponent: Temecula Community Services District , Address and Phone' Number of Proponent: 43174 Business Park Drive Temecula, CA .92590 (714) 694-1999 ENVIRONMENTAL IMPACTS (Explanations to all the answers are provided in Section lII) 1. Ea~. Will the proposal result in: Ye~ Maybe No a, Unstable earth conditions or in changes geologic substructures? X b, Disruptions, displacements, compaction, or overcovering of the soil? X C, Change in topography or ground surface relief features? X d, The destruction, covering or modification of any unique geologic or physical features? X Any increase in wind or water erosion of soils, either on or off the site? X S\CEQA\EA20.1ES 1 f. Changes in siltation, deposition or erosion? The modification of any wash, channel, creek, river, or lake? Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, liquefaction, or similar hazards? Any development within an Alquist-Priolo Special Studies Zone? Air. Will the proposal result in: am Air emissions or deterioration of s. mbient air quality? b. The creation of objectionable odors? C, Alteration of air movement, temperature, or moisture or any change in climate, whether locally or regionally? Water..Will the proposal result in: a, Changes in currents, or the course or direction of water movements, in either marine or fresh waters? bo Changes in absorption rates, drainage panems, or the rate and mount of surface runoff?. c. Alterations to the course or flow of flood waters? Change in the mount of surface water in any waterbody? e, 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 of ground waters? Change in the quantity of ground waters, either through direct additions, 'withdrawals, or through interception of an aquifer by cuts or excavations? Yes : X X X X X X X Maybe No X X X X X X Ye~ Maybe ..No h, Reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flooding? 4. Plant Life. Will the proposal result in: aw Change in the diversity of species,or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, threatened, or endangered species of plants? Co Introduction of new species of plants inW an area of native vegetation, or in a barrier to the normal replenishment of existing species? d. Reduction in the acreage of .any agricultural crop? Animal Life. Will the proposal result in: a, Change in the diversity of species, or numbers of any species of animals (animals includes all land animals, birds, reptiles, amphibians, fish, shellfish, benthic organisms, and/or insects)? b, Reduction of the numbers of any unique, rare, threatened, or endangered species of animals? The introduction of new wildlife species into an area? A barrier to the migration or movement of animals? e. Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a. Increases in existing noise levels? b. Exposure of people to severe noise levels? c. Exposure of people to severe vibrations? X X X X X X X X X X s~cr~^~nA~o. ms 3 Yes Maybe No Light and Glare. Will the proposal produce or result in new light or glare? 8. Land Use. Will the proposal resuk in: a. Alteration of the present land use of an area? b, Alteration to the future pined land use of an area as described in a Community or general plan? Natural Resources. Will the proposal result in: a, An increase in the rate of use of any natural resources? b, The depletion of any nonrenewable natural resource? 10. Risk of Upset. Will the proposal result in: 11. 12. A risk of an explosion or the release of any hazardous substances in the event of an accident or upset conditions (hazardOus substances includes, but is not limited to, oil, pesticides, chemicals or radiation)? b, The use, storage, transport or disposal of any toxic or hazardous materials (including, but not limited to oil, pesticides, chemicals, or radiation)? C, Possible interference with an emergency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: a, Generation of substantial addkional vehicular movement? b, Effects on existing parking facilities, or demand for new parking? s~cr~^~r~o.ms 4 X X X X X X X X X X X c. Substantial impact upon existing transportation system, including public transportation? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. - Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental' services in any of the following areas: a. Fire protection? b. Police protection? c. SchoOls? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services: 15. Energy. Will the proposal result in: a. Use of substantial mounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? 1(5. Utilities. Will the proposal result in a need for new systems, or substantial alterations to any of the following utilities: Power or natural gas? Communications systems? Water systems? Sanitary sewer systems or septic tanks? Storm water drainage systems? .Yes Maybe No X X X X X X X X X X f. Solid waste disposal systems? g, Will the proposal result in a disjointed or inefficient pattern of utility delivery system improvements for any of the above? 17. Human Health. Will the proposal result in: a¢ The creation of any h~,~lth hazard or potential health hazard? b, The exposure of people to potential health hazards, including the exposure of sensitive receptors (such as schools and hospitals) to toxic pollutant emissions? 18. Aesthetics. Will the proposal result in: 19. ae The obstruction of any scenic vista or view open to the public? be The creation of an aesthetically offensive site open to public view? c. Detrimental visual impacts on the surrounding area? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational resources or opportunities? 20. Cultural Resources. Will the proposal result in: ae The alteration or destruction of any paleontologic, prehistoric, archaeological or 'hiswric site? b, Adverse physical or aesthetic effects to a prehiswric or historic building, structure, or object? C, Any potential to cause a physical change which would affect unique ethnic cultural values? d$ Restrictions to existing religious or sacred uses within the potential impact area? Yes X Maybe X X X X X X X X X X S~CE~A~.,~O.mS 6 HI DISCUSSION OF THE ENVIRONMENTAL IMPACTS Earth 1.a,d,h,i. No. The project will not result in unstable earth conditions, changes to unique geologic or physical features, the exposure of people or property to geologic hazards, or any construction in an Alquist- Priolo Special Studies Zone. No significant impacts are anticipated as a result of this project. 1 .b,c. Yes. The construction of a.community park and recreation facility will result in the disruption, displacement, overcovering and compaction of soils, and a change in surface topography. Development on the site will require some grading, compaction, and overcovering of soil. However, because the site is naturally level, the mount of grading is expected to be minimsl. The majority of the site will be sodded over and not built on. In addition, approximately six of the 22 acres will be left in a natural condition. As a result, 'no significant impacts are anticipated of this project. .. 1 .e,f. Yes. Some short-term and construction related wind and water erosion and deposkion could result from.project construction. The City will require the use of appropriate best management practices to reduce and mitigate onsite erosion and offsite deposition. Long-term erosion and deposition from the project site is expected to decrease as a result of the project because of the required paving and landscaping. As a result, no significant impacts are anticipated from of this project. l'.g Yes. The project is 'located south of the channel for Temecula Creek approximately 1.2 mile east of the Pala Road bridge.. The project will alter, through sodding and leveling approximately 12.5 acres. About six of the 22 acres will remain undisturbed floodplain. No significant impacts are anticipated as a result of this project. Air 2.a,b. Yes. The construction of a 22 acre park and recreation facility could result in some short-term, construction related increases in air emissions and may result in the local deterioration of air quality. In addition, some long-term air pollutant emissions from increased automobile usage could occur as a result of the public's use of the proposed facility. However, locating a community park in this area will reduce the trip length for local recreation facility Users by four to six miles one- way. At this time local residents drive between five and seven miles to the Sports Park. As a result, no significant impacts are anticipated from this project. 2.c. No. No long-term changes in air quality, creation of odors, or alteration to the local or regional climate are expected to occur as a result of this project. No significant impacts are anticipated as a resdlt of this project. Water 3.a,c,d,e, h,i. No. No measurable changes or alterations in the course or direaion of flood flows, the direction of ground water flows, discharges to surface waters, reduction of public water supplies, or exposure of people or property to flooding are expected to occur as a result of this project. The project will not alter the existing Temecula Creek channel or overall drainage pattern in the area. No significant impacts are anticipated as a result of this project. s~cr~^~o.m 7 3.b. Yes. Some minor changes to site absorption rates and onsite drainage patterns may occur as a result of this project. The construction of a park on this site is expected-to slightly increase the volume of storm runoff induced runoff. Surface drainage will be altered from sheet flow to channelized runoff which will enter the creek channel through one or more storm drain-~. No significant impacts are anticipated as a result of this project. 3 Yes. The park site is located adjacent to the channel of Temecula Creek. Since the earlier environmental evaluation was undertaken for Tract Map 21067, the creek channel has moved to the north, away from the site. This project may result in some minor changes in the flow, quantity and quality of ground water may occur as a result of this project~ The irrigation of the proposed park is expected to somewhat increase the volume of ground water recharge in the vicinity of the park site. As a result, no significant impacts are anticipated from this project. Plant Life 4.a,c. Yes. The majority of the site is occupied by grass and weed speCies which commonly inhabit discontinued agricultural areas, a small area of the property contains a small amount of native riparian vegetation along Temecula Creek. The City has entered into a stream alteration agreement with the Department of Fish and Game to revegetate and restore approximately six acres of riparian vegetation along the southern edge of Temecula Creek. Although the stream bed alteration agreement authorizes the City to modify the stream bed of Temecula Creek, the project does not include the alteration of the stream bed. The permanent preservation and revegetation of riparian habitat along the creek will reduce and mitigate any adverse effects and constitute a beneficial impact on the environment. As a result, no significant impacts are anticipated from this project. 4.b. No. The project will not result in the reduction of the numbers of any unique, rare or threatened species of plants. No significant impacts arc anticipated from this project. 4.d. No. The project site does not contain prime agricultural land and has currently not been used for agricultural purposes for about five years. No significant impacts are anticipated from this project. Animal Life Yes..The construction of this project will change the diversity of the animal species and may reduce the amount of wildlife habitat on the project site. The majority of the site is presently occupied by animals which commonly use fallow or discontinued agricultural lands. Limited populations of common small rodents, reptiles, insects, and birds are believed to use port'Sons of the site for either habitat, food, and/or water. The City has entered into a stream alteration agreement with the Department of Fish and Game to revegetate and restore approximately six .acres along the southern edge of Temecula Creek. Although the stream bed alteration agreement authorizes the City to modify the stream bed of Temecula Creek, the project does not include the alteration of the stream bed. The permanent preservation and revegetation of riparian habitat along the creek will improve the wildlife value of the site and is expected to constitute a beneficial impact on the environment. As a result, no significant impacts are anticipated from this project. 5.b. Maybe. The project may result in impacts to a unique, rare, threatened, or endangered species. The project site is located within the Stephen's Kangaroo Rat (SKR) Habitat Conservation Area. A study to determine the presence of SKR will be done prior to site development. If SKR occupy s~cr~^~,~o. ms 8 any portion of the site, a take permit can be issued in accordance with the Short-term Habitat Comerration Plan. As a result, no significant impacts are anticipated from this project. 5.c,d. No. The project will not result in the introduction of new species or result in barriers to migration. No significant impacts are anticipated as a result of this project. Noise 6.a. Yes. Some increase in noise levels will occur as a result of this project. The increases in short- term noise levels 'will result from the construction of the Community Recreation Centcr. Became the short-term construction related noise will be of limited duration during daylight hours and will not require unmual construction practices, the short-term impacts are not expected to be significant. 6.b.c The long-term noise impacts could occur as a result of this project. The lighted multi-purpose fields, play areas, and recreation center will generate additional noise. Any additional noise would be most noticeable during the weekday evenings and on weekends and could be loud enough to be noticeable to adjacent residents. The project design will include measures to mitigate any possible noise impacts on adjacent residents. Became of this mitigation measure, no significant impacts are expected to occur as a result of this project. No. The project will not came peeple to be exposed to severe vibration or noise levels. The we of the athletic fields and recreation facilities could generate additional noise levels. The noise levels could include the sound of children and adults playing games, talking and yelling. While some impact is possible in areas immediately adjacent to the project, however these sounds will be of generally limited duration and time periods. As a result, no significant impacts are expected to occur from this project. ~ . . l,ight and Glare Yes. Additional light and glare will result from this project. The project is located within the Mount Palomar Observatory Special Lighting District. The lighting standards within this district require that only low pressure sodium street and security lights be installed to reduce the glare in the night sky near the observatory. The impact of the additional athletic field lights will .be mitigated by compliance with the standards contained in the Mount Palomar Observatory Special Lighting District (Ordinance No. 655) and by aiming the lights onto the fields and by the'. installation of shielding to significantly reduce off-site illumination. Because of this mitigation measure, no significant impacts are anticipated as a result of this project. Land Use 8.a. Yes. The project site is consists of fallow agricultural land, vacant floodway and intermittent channel. The project site will result in the construction of a 16 acre park and recreational facility. The site is located in a partially urbanized area in the ~City of Temecula in area planned for community recreational facilities. As a result, no significant adverse impacts are anticipated from this project. 8.b. No. The project is consistent with the draft City County General Plan for this area. As a result, no significant impacts are anticipated from this project. Natural Resources 9.a,b. Yes. Construction of a park and recreational facility will result in a minor incremental increase in the use of natural and nonrenewable resources such as construction aggregate and petroleum products. The project does not require the development of new sources for these materials. If this project were not undertaken, the existing aggregate and petroleum resources would be used for other development and construction activities. No significant impacts are anticipated as a result of this project. Risk of Upset 10.a,b,c. No. The project will not result in a risk of explosion, the release of hazardous substance, or any interference with an emergency response plan. As a result, no significant impacts are anticipated from this project. Population 11, No. A park and recreational facility in this location will not alter the location, distribution, or growth rate of population of this area. This project is a partial response to the previously unmitigated development in the area. No significant impacts are anticipated as a result of this project. Housing 12. No. The construction of the project in this location will not have an adverse impact on housing in this area. The probable result will be the improvement of the liveability of housing in the area by providing badly needed park and recreational facilities. As a result, no significant impacts are expected. Trans0ortation/Circulation 13.a,b. Yes. The construction of this project will generate additional vehicular traffic and additional demand for new parking in this area. Preliminary traffic modeling prepared for the draft General Plan indicates anticipated that some traffic congestion may result from build out of the General Plan at the intersection of State Highway 79 and Pala Road. The park is expected to generate approximately 80 vehicle trips per day. This represents about 0.2% of the total. trips on Pala Road and 0.1% of the Wtal trips on South 79. In addition, the facility will include adequate onsite parking to accommodate the projected demand. No significant impacts are anticipated as a result of this project. 13.c,d,e,f No. The project will not alter rail or air traffic, alter the existing pattern of circulation, or increase traffic hazards in the City of Temecula. No significant impacts are anticipated as a result of this project. Public Services 14.a,b,c. No. The project will not create a need for, or result in any alterations to, fire, police, or school services, as a result no significant impacts are anticipated. ~c~o^xr~.eo.ms 10 14.d,e. Yes. This proj~t will require the additional expenditure of future City funds to cover the cost of providing additional recreational programs and for maintaining public facilities. However the impact of these costs on the City's budget are not expected to be significant. (Park and recreation services are a high priority for the City of Temecula given the historic shortage of these facilities in the Temecula Valley.) As a result, no significant impacts are anticipated this project. 15.a,b. ' No. The construction of a-park and recreation facility will not result in the use of substantial amounts of fuel or energy, or result in a substantial increase in the demand for existing sources of energy. No significant impacts are anticipated as a result of this project. Utilities 16.all. No. The construction of this project will not result in a need for new utility delivery systems, or require substantial alteration of the gas, electric, communication, water, sewer, storm drain, or solid waste disposal utilities or services. No significant impacts are anticipated as a result of this projea. Hunurn Health 17.a,b. No. Construction of the project will not result in the creation of a health hazard, or result in the additional exposure of people to any human health hazards. No significant impacts are anticipated as a result of this project. Aesthetics 18.a,b,c. No. A community park on this site will not result in the creation of an aesthetically offensive view, the obstruction of any scenic view or vista, or have a detrimental visual impact on the surrounding area. The view of the area will be different than the current view, but it is not likely to be considered aesthetically offensive or unpleasant. No significant impacts are anticipated as a result of this project. Recreation 19. Yes. The construction of the project will provide additional recreational .opportunities and amenities in this area. The recreational facilities included in the project area expected to have a beneficial impact. No adverse significant impacts are anticipated as a result of this project. Cultural Resources 20.a,b, c,d. No. The Master Environmental Assessment for the City General Plan did not identify this area of High Sensitivity for Paleontological Resources. The soils in the project site consist of primarily recent alluvial deposit which are not generally fossiliferous. Also an Archaeologic Study was prepared for the site in February, 1990. No significant archaeologic resources were located on the site, as a result, no significant impacts are anticipated from this project. s~cr~A~.qao. ms 11 IV MANDATORY FINDINGS OF SIGNIFICANCE Does the project have the potential to either: degrade the quality of the environment, substantially reduce the habitat of a fish, wildlife or bird species, cause a fish, wildlife or bird population to drop below self sustaining levels, threaten to eliminate a plant, bird or animal species, or eliminate important examples of the major. periods of California history or prehistory? Yes Maybe No X Does the project have the potential to achieve short term, to the disadvantage of long term, environmental goals? (A short term impact on the environment is one which occurs in a relatively brief, definitive period of time while long term impacts will endure well into the future.) X Does the 'project have impacts which are individually limited, but cumulatively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) X Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X V DEPARTMENT OF FISH AND GAME "DE lVIINIMUS" FINDINGS Does the project have the potemial to cause any adverse effect, either individually or cumulatively, on fish and wildlife resources? Wildlife is defined as "all wild animals, birds, plants, fish, amphibians, and related ecological communities, including the habitat upon which the wildlife depends on for it's continued viability" (Section 711.2, Fish and Game Code). Yes X ~Cr~AXP, AZO. an 12 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because the Mitigation Measures described on the attached sheets and in the Conditions of Approval that have been added to the project will mitigate any potentially significant impacts to a level of insignificance, and a NEGATIVE DECLARATION will be prepared. X I find the proposed project MAY have a significant ~ffect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Prepared by: r}avid W. Holzan. Associate Planner Name and Title November 3. '1992 Date $\CE(la~XEA20.|E$ 13 ITEM NO. 6 APPROVAL G CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: PREPARED BY: CITY OF TEMECULA AGENDA REPORT Community Services District Board of Directors General Manager December 8, 1992 Election of President June S, Greek, City Clerk RECOMMENDATION: The President will entertain motions from the members of the Board of Directors to select the President to preside until the end of calendar year 1993. BACKGROUND: The Board of Directors selects a member to serve as President annually. This office is assumed at the first meeting of the Board of Directors in January and the newly elected President presides through the calendar year of 1993. ITEM NO. 7 FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA' AGENDA REPORT Community Services District Board of Directors General Manager December 8, 1992 Election of Vice President PREPARED BY: June S. Greek, City Clerk RECOMMENDATION: The President will entertain motions from the Board of Directors to select the Vice President who will assume the duties of the President in the his/her absence and will hold this office until the end of calendar year 1993. BACKGROUND: The Community Services District selects a member to serve as President annually. This office is assumed at the first meeting of the City Board of Directors in January and the newly elected Vice president presides through the calendar year of 1992. ITEM NO. 8 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT General Manager/Board of Directors Director of Community Services Shawn Nelson December 8, 1992 Item No. 8 - Community Recreation Center (CRC) - Project Phase II PREPARED BY: City Clerk June S. Greek RECOMMENDATION: Approve the plans and specifications and award construction contract of $4,306,400 to T.B. Penick & Sons, Inc. for Phase II of the Community Recreation Center (CRC) Project. BACKGROUND: The staff will finalize a staff report on this item and forward it to you under separate cover. JSG CITY OE TEMECULA Memorandum TO: FROM: DATE: SUBJECT: City Manager/City Council June S. Greek, City Clerk December 4, 1992 CSD Agenda Item No. 8 - Community Recreation Center (CRC) Project Phase II The enclosed report was fmaliT. ed after the agenda was printed and should be enclosed in your agenda under Community Services District, Item No. 8. swj APPROVAI/~~ CITY ATTORNEY FINANCE OFFICER . CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: BOARD OF DIRECTORS FROM: DAVID F. DIXON, CITY MANAGER DATE: DECEMBER 8,1992 SUBJECT: COMMUNITY RECREATION CENTER (CRC) PROJECT- PHASE II PREPARED BY: ~ RECOMMENDATION: SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR That the Board of Directors: Approve the plans and specifications and award construction contract'of $4,306,400 to T. B. Penick & Sons, Inc. for Phase II of the Community Recreation Center (CRC) Project. DISCUSSION: A public bid opening was held on November 24, 1992 at City Hall concerning Phase II of the Community Recreation Center (CRC) Project. The base bid for this project includes construction of an approximate 26,000 sq. ft. recreation center, amphitheater, community pool, and parking improvements. In addition to the base bid, three (3). alternate bids were submitted which include: a) installation of a water slide for the pool area, b) sound and lighting system for the indoor multipurpose room, and c) sound and lighting system for the outdoor amphitheater. The Projec.t Committee for the CRC Project felt that the waterslide would create revenue for the City and should be pursued if funds were available. The sound and lighting system for the indoor multipurpose room and the outdoor amphitheater were recommendations that resulted from an acoustical engineering study. The sound and lighting system will allow the City to regulate the noise from the outdoor amphitheater and provide proper acoustics and lighting for indoor dramatic productions and special events. Again, these items were to be considered if funds were available. A total of 11 proper bids were submitted for consideration by the City. The lowest base bid was submitted by T. B. Penick & Sons, Inc. at $3,957~908. The lowest combination of base bid and alternate bids was also submitted by T. B. Penick & Sons, Inc. at $4,196,400. Staff has verified the contractor's license and references of the low bidder. Therefore, it is recommended that the construction contract for Phase II of the CRC Project be awarded to T. B. Penick & Sons, Inc. as the lowest qualified bidder and that the base bid and alternate bids of $4,196,400 plus a $110,000 contingency be awarded for this project. The total construction contract is recommended at $4,306,400. Also, an agenda item will be prepared for consideration by the Board of Directors in January, 1993 concerning construction management services for this project. Staff is currently in the process of recruiting for these services, and the required funding is included in the existing budget for the CRC Project. The costs of construction, contingency funds, and construction management services will exhaust the amount of funds generated from the TCSD Bond Proceeds. If additional funds are required for this project; staff will identify the funding source and prepare an agenda report for consideration by the Board of Directors. A copy of the plans and specifications for this project are on file in the Office of the City Clerk. FISCAL IMPACT: Cost to complete this project including contingency is $4,306,400. The budget for this project was approved in the Capital Improvement Program for FY 1993-97. Sufficient TCSD bond proceeds are available to fund the construction, contingency, and construction management services for this project. CITY OF TENIECULA BID OPENING LOG SHEET BID OPENING DATE: November ?4. 1992 - 4:00 PM PROJECT .DESCRIFTION: Rancho CA Sports Park - CRC Phase II - 92-029B BIDDER: e BID: AMOUNT 125. BID BOND 4. T t3 fL, dct< ~ S~,~ CC: City Clerk's Staff (3) Initiating Department (1) City Manager (1) 2\forms~bidsXB-010 CITY OF TEMECULA BID OPENING LOG SHEET BID OPENING DATE: November 24, 1992 - 4:00 PM PROJECT DESCRIPTION: Rancho CA Sports Park - CRC Phase H - 92-029B BIDDER: 1. ,~ 4-F'~" BID: AMOUNT BID BOND CC: City Clerk's Staff (3) Initiating Department (1) City Manager (1) 2\fonns~bids~!!-OlO CITY OF TEMECULA CONTRACT FOR PROJECT NO. 92-029B THIS CONTRACT, made and entered into the 8th day of December, 1992, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and T.B. Penick & Sons, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: Contract CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. 92-029B, Insurance' Forms, this Contract, and all modifications and amendments thereto, and the latest version of the Standard Specifications for Public Works Construction. including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. 92-029B. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over and be used in lieu of such conflicting portions. Where the Plans or Specifications describe portions o:f the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract· CA-1 m Contract The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. 92-029B All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for the work above agreed to be done, the sum of: Four Million; Three Hundred Sixty Thousand, Four Hundred Dollars and 0 Cents ($4,306,400.00) the total amount of the base bid including Alternates Nos. 1, 2, and 3. CONTRACTOR agrees to complete the work in a period not to exceed one hundred and sixty-five (165) working days, commencing with delivery of Notice to Begin Work by CITY, Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. PAYMENTS/ACCEPTANCE OF WORK. The text of Subsection 9-3.2 of the Standard Specifications is hereby deleted and replaced with the following: The closure date for the purpose of making partial progress payments will be the last day of each month. The CONTRACTOR shall prepare the approximate measurement of the work performed through the closure date and submit it to the AGENCY for approval by the tenth day of the following month. Payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. A full ten percent (10%) retention will be deducted from all progress payments. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Upon completion of the work, the CONTRACTOR shall so notify the Engineer in writing, submit satisfactory evidence of payment for equipment, materials and labor, submit "CONTRACTOR'S AFFIDAVIT", and post a one (1) year Maintenance Bond. CA-2 m Contract Upon receipt of the notification, Engineer shall promptly, by personal inspection, determine the actual status of the work in accordance with the terms of the Contract. If he finds materials, equipment, or workmanship which do not meet the terms of the Contract, he shall prepare a preliminary punch list of such items and submit it to the CONTRACTOR; Final determination of acceptability shall be made by the CITY. Upon acceptance of the work, the CITY shall make final payment to the CONTRACTOR in the manner provided by law following the expiration of thirty-five (35) days after filing the Notice of Completion. The final payment shall include the entire sum found to be due hereunder after deducting all previous payments and such other lawful amounts as the terms of this Contract describe. LIQUIDATED DAMAGES: EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of One Thousand Dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. Unless a shorter time is specified elsewhere in this Contract, on or before making final request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation under or arising out of this contract; the acceptance by CONTRACTOR of the final payment shall constitute a waiver of all claims against CITY under or arising out of this Contract except those previously made in writing and request for payment. CONTRACTOR shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, a d 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. CA-3 10. 11. LIABILITY INSURANCE. CONTRACTOR, by executing this Agreement, hereby certifies: "1 am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." TIME OF THE ESSENCE. Time is of the essence in this Contract. Contract 12. 13. 14. 15. 16. INDEMNIFICATION. All work covered by this contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by CITY for purposes of letting this Contract out to bid will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. GRATUITIES. CONTRACTOR warrants that neither it' nor any of its employees, agents, or representatives has offered or given any gratuities'or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other puerperal of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in his/her employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain CA-4 17. 18. items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. SIGNATURE OF CONTRACTOR Corporations: The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk's office. Partnerships: The names of all persons comprising the partnership or co-partnership must be stated, The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging the signer to be a general partner is presented to the City Clerk, in which case the general'partner may sign. Joint Ventures: Bids submitted as joint ventures must so state and be signed by each joint venturer. Individuals: Bids submitted by individuals must be signed by the bidder, unless an up-to-date power of attorney is on file in the City Clerk's office, in which case said person may sign for the individual. The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where the fictitious name is used, it must be so indicated in the signature. SUBSTITUTED SECURITY. In accordance with Section 22300 of the Public Contracts Code, CONTRACTOR may substitute securities for any monies withheld by the CITY to ensure performance under the Contract. At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY or with a State or Federally chartered bank or an escrow agent who shall pay such monies to the CONTRACTOR upon notification by CITY of CONTRACTOR's satisfactory completion of the Contract. The type of securities deposited and the method of release shall be approved by the City Attorney's office. Contract CA-5 19. 20. 21. 22. 23. 24. RESOLUTION OF CLAIMS. Any dispute or claim arising out of this Contract shall be arbitrated pursuant to Section 10240 of the California Public Contracts Code. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. UTILITY LOCATION. CITY acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. REGIONAL NOTIFICATION CENTERS. CONTRACTOR agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. TRENCH PROTECTION AND EXCAVATION. CONTRACTOR shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in .accordance with Labor Code 'Section 6705. CONTRACTOR shall, without disturbing the condition, notify CITY in writing as soon as CONTRACTOR, or any of CONTRACTOR'S subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; (2) Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or (3) Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. Contract CA-6 25. 26. 27. 28. CITY shall promptly investigate the reported conditions. If CITY, through, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the CONTRACTOR'S cost of, or time required for, performance of any part of the work, then CITY shall issue a change order. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR'S cost of, or time performed under the contract. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex,' age, or handicap. GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S'. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the City addressed as follows: June S. Greek, City Clerk City of Temecula 43174 Business Park Drive Temecula, CA 92590-3606 Attn: Contract CA-7 ~::~N WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: DATED: APPROVED AS TO FORM: CONTRACTOR By: Print or type NAME Print or type TITLE CITY OF TEMECULA By: .Patricia H. BirdSall, Mayor Scott F. Field, City Attorney ~-., ATTEST: June S. Greek, City Clerk Contract CA-8 ITEM NO. 9 APPROVA~.~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: BOARD OF DIRECTORS FROM: DAVID F. DIXON, CITY MANAGER DATE: DECEMBER 8, 1992 SUBJECT: NAMING OF THE PARK SITE ON PALA ROAD PREPARED BY: L~J.L-- SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR RECOMMENDATION: That the Board of Directors': Consider, and if desired, approve a name for the park site on Pala Road. DISCUSSION: The park site on Pala Road is an approximate 28.6 acre community park site located north of Pala Road and west of Loma Linda Drive. On November 9, 1992, the Parks and Recreation Commission approved and recommended to the Board of Directors the following .name for this park site: 1. RAWHIDE PARK At the November 24, 1992 Board of Directors meeting, the Board recommended that the naming of this park site be continued to the December. 8, 1992 meeting to allow members on the Board additional time for consideration. The Board of Directors may approve this recommended name or consider any other name desired. FISCAL IMPACT: None. RESOLIHION NO. CSD 92-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES' DISTRICT ADOPTING A POLICY FOR NAlVHNG PARKS AND RECREATION FACILITIES WRFRI~.a.~, On April 23, 1991, the Board of Directors (the 'Board') adopted a policy for naming parks and recreation f~cillrles; and WTrl~'AS, the Community Services District and the Parks and Recr~tion Commission requests that the aforementioned policy be adopted by resolution; NOW, THEREFORE, THE BOARD OF DIRECTORS OF ~ TEMECIKA COM1VIUN1TY SERVICES DISTRICT DOES FERERy, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the policy for naming parks and recreation f~lifi~l as set forth on Exhibit ' A" is adopted establishing a uniform policy and procedure that identifies criteria far the naming of parks and recreation f~cilities. PASSED, APFROVED AND ADOPTED this 8th day of September, 1992. R0nald/. Parks, President ATTEST: ~ ', 'Jd,// Greek, City STATE OF CATIFORNIA) COUNTY OF EIVERSIDE) SS CITY OF ~ ) I, June S. Greek, City Cl~k of the City of Temecul~, l:m-~'Ry DO CEETIFY that fo~go~g ~lufion No. ~D 92 ~8 ~ duly ~ at a ~ m~g 6f ~e Q~ Co~cH of ~e Q~ of Tem~ ~ ~e 8~ ~y of S~mmb~ 1~2 by ~e fo~o~g m~ ~ vom. AYES: :~ DIRECTORS: Birds,~li, Moore, Lindemm~s, Mu~oz P~ks, NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None EXhibit "A" TEMBCULA COM3UjNITY SERVICES DISTR/CT Naming Parks and Recreation Facilities PURPOSE To establish a uniform policy and procedUre tha~ identifies criteria for the naming of parks and recreation facilities. POLICY The Park and Recreation Commission will be responsible for selection of names for parks and recreation facilities. Once a name is selected, it will be forwarded to the Board of Directors for ratification. Staff will be 'responsible for encouraging citizens and.community organizations to suggest possible names that will then be forwarded to the Commission for consideration. At a minimum, each park and community building will be designated -a name. Naming of specific areas within a park (garden, swimming pool, lake, ballfield, etc.) is acceptable but should be kept to a minimum to avoid confusion. No park shall be given'a name which might be perceived as controversial by the community. All names selected shall be acceptable and meaningful to a majority of the neighborhood/community where the park or recreation facility is located. Priority in naming sites shall be given to geographical lacations, historic significance or geologic features. No park shall'be named for a person, except where an individual has made a significant financial contribution toward the acquisition and/or development of the park or facility, or has been an outstanding long-time community leader who has 'supported open space and recreational activities. All park and recreation facilities will be designated a formal name within six months of acquisition or construction. All parks shall have an entrance sign. Buildings will have an entrance sign and a plaque inside the facility for name identification. The name of a park or recreation facility may be changed only after a hearing is held by the Commission to receive community input and direction. No name shall be changed unless there is significant justification and support by the community. RESPONSIBF .ITY Depar~,ment Parks and Recreation Commission Department ACTION Acquires a new park or recreation facility. Solicits possible names from community. Forwards suggested names to the Parks and Recreation Commission for consideration. Receives any additional community input. Selects a name for the'new park or recreation facility. Forwards name ratification. to City Council for Installs the appropriate naming sign or plaque. TEMECULA REDEVELOPMENT AGENCY AGENDA ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD NOVEMBER 24, 1992 A regular meeting of the Temecula Redevelopment Agency was called to order at 12:40 AM, with Chairperson J. Sal Mufioz presiding. PRESENT: 4 AGENCY MEMBERS: Birdsall,. Lindemans, Parks, Mufioz ABSENT: I AGENCY MEMBERS: Moore Also present were Executive Director David F. Dixon, 'General Counsel Scott F. Field and Agency Secretary June S. Greek. PUBLIC COMMENTS None given. AGENCY BUSINESS 1. 'Minutes 1.1 Approve the minutes of November 10, 1992. It Was moved by Member Parks, seconded by Member Birdsall to approve the minutes of November 10, 1992. The motion was unanimously carried. EXECUTIVE DIRECTOR'S REPORT None given. GENERAL COUNSEL'S REPORT None given. AGENCY MEMBERS REPORTS None given. 4~RDAMIN\I ! 2492 -l- ! 1/30/92 ITEM NO. APPROVAT. CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members Mary Jane McLarney, Finance Officer December 8, 1992 Redevelopment Agency Annual Financial and Compliance Report for the Fiscal Year Ended June 30, 1992 RECOMMENDATION: That the Agency Members approve the Redevelopment Agency's Annual Financial and Compliance Report for the Fiscal Year Ended June 30, 1992. DISCUSSION: In accordance with the Health and Safety Code Section 33080 the Agency members are required to approve the annual report of the Redevelopment Agency. This report will be forwarded under separate cover. V:\WP~GENIE~RDACAFR.AGN ITEM NO. 3 CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Redevelopment Agency Members FROM: · Executive Director DATE: December 8, 1992 SUBJECT: Election of Chairperson PREPARED BY: June S. Greek, City Clerk RECOMMENDATION: The Chairperson will entertain motions from the members of the Redevelopment Agency to select the Chairperson to preside until the end of calendar year 1993. BACKGROUND: The Redevelopment Agency selects a member to serve as Chairperson annually. This office is assumed at the first meeting of the Board of Directors in Januairy and the newly elected Chairperson presides through the calendar year of 1993. ITEM NO., 4 APPROVAL ~_ CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Redevelopment Agency FROM: General Manager DATE: December 8, 1992 SUBJECT: Election of Vice Chairperson PREPARED BY: June S. Greek, City Clerk RECOMMENDATION: The Chairman will entertain motions from the Redevelopmerit Agency Members to select the Vice Chairperson who will assume the. duties of the Chairperson in the his/h'er absence and will hold this office until the end of calendar year 1993. BACKGROUND: The Redevelopment Agency selects a member to serve as Vice Chairperson annually. This office is assumed at the first meeting of the 'Redevelopment Agency in January and the newly elected Vice Chairperson presides through the calendar year of 1992.