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HomeMy WebLinkAbout060893 CC AgendaAGENDA TEMECULA CITY COUNCIL A REGULAR MEETING TEMECULA COMMUNITY CENTER - 28816 PUJOL STREET JUNE 8, 1993 - 7:00 PM 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 all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM EXECUTIVE SESSION: 5~3:o":Closed seUio. of the City Council acting as the Redevel!ii!:!i; :opment AgenCy PurSuant to Govt. Code Sections 54956.8 regarding real property acquisition, 54957.6 regarding labor negotiations and salary and fringe benefits.: Next in Order: CALL TO ORDER: Invocation Flag Salute Ordinance: No. 93-13 Resolution: No. 93-44 Mayor J. Sal Mur~oz presiding Pastor Sofia Sadler, Harvester Church of Temecula Mayor Pro Tem Roberrs ROLL CALL: Birdsall, Parks, Roberrs, Stone, Mu~oz PRESENTATIONS/PROCLAMATIONS 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 listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. 2/agendN060893 ~- I Oe/O2f13 For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of May 11, 1993; 2.2 Approve the minutes of May 25, 1993; 3 Resolution ADDrOving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's RePort RECOMMENDATION: 4.1 Receive and file report. 21agenda/OBOBg3 06.'02/~3 5 BudQet Adjustment for Microfilm Purchase and Insurance Internal Fund RECOMMENDATION: 5.1 5.2 Approve a residual equity transfer of $69,520,00 from General Fund Undesignated Fund Balance to the Copy Center Internal Service Fund Account for the purchase of microfilm reproductive equipment. APpropriate $40,000 from the Insurance Internal Service Fund to Account No. 300-199-999-5207 - Claims. 6 7 Resolution DesiQnatinq City's A{~ent for Obtainina Federal Disaster Assistance RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 93~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING AN AGENT TO ACT IN THE CITY'$ BEHALF FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL ASSISTANCE General Plan Contract Amendment for Supplemental Work Performed in Conjunction with Completion of the General Plan RECOMMENDATION: 7.1 Amend the General Plan Contract by $27,750. for the completion of the Work Program. 8 Award of Weed Abatement Services RECOMMENDATION: 8.1 Award a contract for weed abatement services on an as-needed basis to: Smith Tractor Services (Primary Contractor) and Rory Rieck (Secondary Contractor) ' 8.2 Authorize the Mayor and City Clerk to execute the appropriate agreements. 2/leendl/060883 3 " O8~2~3 Cooperative Aqreement with County of Riverside for the Community Development Block Grant Prooram RECOMMENDATION: 9.1 Approve the three-year cooperative agreemtn with the County of Riverside for the administration of the Community Development Block Grant (CDBG) Program. SECOND READING OF ORDINANCES 10 Temporary Sion Ordinance RECOMMENDATION: 10. 1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 93-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 348 AND 92-16 PERTAINING TO THE REGULATION OF TEMPORARY SIGNS 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. 11 Develooment Processinq Fees (Continued from the meeting of May 11, 1'993) RECOMMENDATION: 11.1 Adopt an ordinance entitled: ORDINANCE NO. 93- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A DEVELOPMENT PROCESSING FEE STRUCTURE FOR PLANNING, ENGINEERING AND BUILDING SAFETY SERVICES AND REPEALING RESOLUTION NO. 90-81 21egenddOe0883 4 06/02/93 12 ADDeal Of Planning Commission Decision - PA-93-0038 - Minor CUP (Continued from the meeting of May 25, 1993 - A request to convert an existing young adult nightclub into an adult only nightclub which will allow the selling and on- site consumption of alcohol) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING pa 93-0038, MINOR CONDITIONAL USE PERMIT, AFFIRMING THE PLANNING COMMISSION DECISION TO DENY SAID APPLICATION TO ALLOW THE CONVERSION OF AN EXISTING YOUNG ADULT NIGHTCLUB INTO AN ADULT ONLY NIGHTCLUB WHICH WILL ALLOW THE SELLING AND ON-SITE CONSUMPTION OF ALCOHOL LOCATED AT 28822 FRONT STREET 13 Five-year Aooroval Period for Plot Plans. Public Use Permits, and Conditional Use Permits RECOMMENDATION: 13.1 Direct staff to prepare an Ordinance allowing for two additional one-year extensions of time for plot plans, public use permits and conditional use permits. 14 Develooment Aqreement No. 91-01, Change of Zone No. 21, Tentative Parcel MaD No. 27314 - (Linfield School) RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION N.O. 93-_. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING ' DEVELOPEMTN AGREEMENT NO. 92-1, CHANGE OF ZONE NO. 21~ AND TENTATIVE PARCEL MAP NO. 27314, AMENDMENT NO. 3 TO ENSURE THE DEVELOPMENT OF THE PROJECT AS SENIOR HOUSING, CONGREGATE CARE FACILITY, SKILLED NURSING, PERSONAL CARE, A NINE HOLE PRIVATE GOLF COURSE AND DEDICATION OF A 2.3 NET ACRE PARCEL TO THE CITY OF TEMECULA FOR A SENIOR CITIZEN CENTER, A ZONE CHANGE FROM R-R (RURAL RESIDENTIAL) TO R-3 (GENERAL RESIDENTIAL) AND TO SUBDIVIDE A 96.7 ACRE PARCEL INTO 4 PARCELS AND A 48.4 ACRE REMAINDER PARCEL LOCATED EAST OF TEMECULA HIGH SCHOOL, SOUTH OF RANCHO VISTA ROAD AND NORTH OF PAUBA ROAD. 21aoefd~/Oe0893 06/02/93 COUNCIL BUSINESS 15 Temecula Shuttle - General Public Dial-A-Ride Proposal RECOMMENDATION: 15.1 Review proposal submitted by Temecula Shuttle to implement a general Public Dial-A-Ride Service and provide direction to Staff. 16 17 No Smokino Ordinance - City Parks (Continued from the meeting of May 11, 1993) RECOMMENDATION: 16.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 93~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ORDINANCE NO. 92-37 SETTING FORTH PARK AND RECREATIONAL FACILITY OPERATIONAL POLICIES AND REGULATIONS Boys and Girls Club Fundine RECOMMENDATION: 17.1 Approve loan agreement of $374,846 with the Boys and Girls Club for construction of the Boys and Girls Club Facility. 18 ADDointmentS to Development Advisory Committee RECOMMENDATION: 18.1 Appoint a representative from the'City Council and five members-at-large to the Development Code Advisory Committee 19 Temecula Valley Chamber of Commerce ReQuest for Grant - Tourism AdvertisinQ RECOMMENDATION: 19.1 Consider the request of the Tourism 'Council of the temecula Valley Chamber of Commerce for $5,000 to be used in an advertising campaign which will be coordinated with the Vintner's Association. 2/aOende/060693 8 ~ oe~2a3 20 Settlement of Claim - Community Lutheran Church RECOMMENDATION 20.1 Approve an agreement entitled: 20.2 Authorize the Mayor and the City Clerk to execute the agreement on behalf of the City of Temecula. CITY MANAGER REPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS ADJOURNMENT Next meeting: June 15, 1993, 7:00 PM, General Plan Public Hearing, 28816 Pujol Street, Temecula California. Next regular meeting: June 22, 1993, 7:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California 2/~endWOBOB83 7 CALL TO ORDER: President Patricia H. Birdsall ROLL CALL: DIRECTORS: Mufioz, Parks, Roberts, Stone, Birdsall 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 May 11, 1993 1.2 Approve the minutes of May 25, 1993 2 Contract Amendment - Wimmer Yamada Associates - Pala Road Park Site RECOMMENDATION: 2.1 Approve amendment of $21,038 to contract with Wimrner Yamada Associates (WYA) to provide additional engineering services for the Pala Road park site > 2.2 Appropriate $21,038 in the Capital Projects fund (No. 210-190-120-5802) from Development Impact Fees. 3 Acceptance of Easement Deeds for Slope Maintenance - Preslev ComPanies RECOMMENDATION: 3.1 Accept easement deeds for the TCSD to provide slope maintenance services within Tracts 23267-0, 23267-1, 23267-4 and 26861-1 within the Presley Development. 2/egendNOBOae3 8 ~ 0G/02/13 4 Teen Recreation Center Status Reoort RECOMMENDATION: 4.1 Receive and file report. DISTRICT BUSINESS 5 NaminQ of City Park Sites RECOMMENDATION: 5.1 Consider and if desired, approve official names for a 28.6 acre community park adjacent to Pala Road, a one (1) acre park in the Presley Development, a nine (9) acre park site in the Presley Development and a nine (9) acre park site in the Paloma Del Sol Development. GENERAL MANAGERS REPORT - Dixon DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next regular meeting June 22, 1993, 8:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California 2tegendNOt10883 08/02/~3 CALL TO ORDER: Chairperson Ronald J. Parks presiding ROLL CALL: AGENCY MEMBERS: Brd~ll, Mu~oz, Ro~, Sty, Par~ PUBLIC COMMENT: AGENCY BUSINESS 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. Minutes RECOMMENDATION: 1.1 1.2 Approve the minutes of May 11, 1992. Approve the minutes of May 25, 1992. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT: Next regular meeting June 22, 1993, 8:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California 21egenele/OeOBg3 10 06/02/83 ""' PROCLAMATIONS AND PRESENTATIONS ITEM 1 ITEM NO. 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MAY 11, 1993 A regular meeting of the Temecula City Council was called to order on Tuesday, May 11, 1993, 7:20 P.M., at the Temecula Community Center, 28816 Pujol Street, Temecula, California. The meeting was called to order by Mayor J. Sal Mu~oz. Mayor Pro Tem Roberrs led the flag salute. PRESENT: 5 COUNCILMEMBERS: Birdsall, Parks, Roberrs, Stone, Mufioz ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, Assistant City Manager Woody Edvalson, City Attorney Scott Field, City Clerk June S. Greek and Recording Secretary Gail Zigler. INVOCATION Pastor James Field, First Baptist Church, presented the invocation. PRESENTATIONS/ PROCLAMATIONS Mayor Mur~oz proclaimed the month of May, 1993 as Water Awareness Month on behalf of Eastern Municipal Water District. Mayor Mu~oz proclaimed May 19, 1993 as Transit Appreciation Day, celebrating National Transportation Week. Mayor Mu~oz presented the following list of 6th and 7th grade students with awards for their participation in the Bicycle Safety Essay Contest: Placq Name 6th Grade Girls 1 st Dione Cunningham 2nd Ramona Cruz 3rd Cindi Cook 6th Grade Boys I st Alex Paterson 2nd Luke Lindquist CCMINS/11/93 School Margarita Middle School Margarita Middle School Linfieid Margarita Middle School Margarita Middle School Bike Bike Helmet $50 Savings Bond Bike Bike Helmet 611193 CITY COUNCIL MINUTES 3rd Numair Khaled 7th Grade Girls Margarita Middle School MAY 11.1993 $50 Savings Bond I st Alicia Oneil Linfield Bike 2nd Nora Addam Temecula Middle School Bike Helmet 3rd Vanessa Beeson Margarita Middle School $50 Savings Bond 7th Grade Boys I st Kendall Bellini Linfield Bike 2nd Ken Hamamoto Linfield Bike Helmet 3rd Mike Avila Linfield $50 Savings Bond PUBLIC FORUM Stephen Boyer, 25205 Via Las Lomas, Murrieta, thanked the Council for all their work on the Murrieta Creek Flood Control Plan and suggested that the Council send forth a letter or memo to the Army Corp of Engineers, advising them that the Council, City Staff, public, County Flood Control, etc., are working together on a feasible plan. CONSENT CALENDAR Mayor Mur~oz requested Item No. 10 be removed from Consent Calendar and continued after the recess to allow Council time to review the staff report which was distributed prior to the start of the meeting. It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve Consent Calendar Items No. 1 - 9 and Item No. 11. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Standard Ordinance Adootion Procedure RECOMMENDATION: CCMIN5/I 1193 -2- ~"~, 6/1193 4 CITY COUNCIL MINUTES MAY 11, 1993 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 2.2 2.3 2.4 2.5 Approve the minutes of March 30, 1993; Approve the minutes of April 6, 1993; Approve the minutes of April 13, 1993; Mayor Pro Tem Roberts asked that Page 11, reflect the correct vote as follows: AYES: 3 COUNCILMEMBERS: NOES: 2 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Approve the minutes of April 19, 1993; Approve the minutes of April 20, 1993. Birdsall, Parks, Mur~oz Roberrs, Stone None Resolution ADoroving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 93-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Reoort RECOMMENDATION: CCMINS/11193 6/1193 CITY COUNCIL MINUTES MAY 11, 1993 4.1 Receive and file the City Treasurer's report as of March 31, 1993. e ADorove Records Destruction Schedule RECOMMENDATION: 5.1 Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. Resolution Reconfirmina Lor,4l ;mergency RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 93-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY e Fourth Amendment to the Joint Powers Agreement Creatina the Riverside County Habitat Conservation Agency RECOMMENDATION: 7.1 Approve an amendment to Section 3.7.4 of the Joint Powers Agreement creating the Riverside County Habitat Conservation Agency (the "Agreement) and authorize the Mayor to sign the amended agreement. Establishment of a Second Deferred Comoensation Plan Ootion RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 93-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY ESTABLISHING A DEFERRED COMPENSATION PLAN OF TEMECULA CCMIN5/11/93 6/1193 CITY COUNCIL MINUTES MAY 11, 1993 9. Award of Professional Services Contracts for Civil En{;ineerin{;, Land Surveyin{;. Structural Enqineerinq, and Soils Testin{; - Liefer Road Crossin{; (PW 93-02) RECOMMENDATION: 9.1 Approve an operating transfer from the General Fund to the Capital Improvement Fund in the amount of $29,300. (including 10% contingency) for the design and construction of the Liefer Road Crossing, Project Number PW 93-02. 9.2 9.3 9.4 9.5 Award a Professional Services Contract to NBS/Lowry for Civil Engineering Services in the amount of $10,720 and authorize the Mayor and City Clerk to execute the agreements. Award a Professional Services Contract to NBS/Lowry for construction staking services ir~ the amount of $700 and authorize the Mayor and City Clerk to execute the agreements. Award a Professional Services Contract to Leighton and Associates for soils testing and observation in the amount of $10,968 and authorize the Mayor and City Clerk to execute the agreements. Award a Professional Services Contract to McDaniel Engineering for structural engineering services in the amount of $4,250 and authorize the Mayor and City Clerk to execute the agreements. 11. Second Readin{; of Ordinance No. 93-09 - Establishinq Regulations for Use of Outdoor Advertisinq Disolavs RECOMMENDATION: 11.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 93-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTAB- LISHING REGULATIONS FOR USE OF OUTDOOR ADVERTISING DISPLAYS PUBLIC HEARINGS 12. ChanQe of Zone No. 23 - Safa Muhtaseb Planning Director Gary Thornhill presented the staff report. CCMIN5/11/93 -5- 611193 CITY COUNCIL MINUTES MAY 11.1993 Mayor Mufloz opened the public hearing at 7:50 P.M. There being no requests to speak the public hearing was closed. It was moved by Councilmember Stone, seconded by Councilmember Parks to approve staff recommendation as follows: 12.1 Adopt a Negative Declaration for Change of Zone No. 23. 12.2 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 93-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY FOR THE CHANGE OF ZONE APPLICATION CONTAINED IN CHANGE OF ZONE NO. 23, CHANGING THE ZONE FROM R-3-4,000 (GENERAL RESIDENTIAL) TO C-0 (COMMERCIAL OFFICE) ON PROPERTY LOCATED ON THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD, APPROXIMATELY 450 FEET EAST OF THE INTERSECTION OF VIA LAS COLINAS AND RANCHO CALIFORNIA ROAD KNOWN AS ASSESSOR'S PARCEL NO. 944-290-009. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberrs, Stone, Mufloz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mayor Mu~oz adjourned the meeting at 7:50 P.M. to the Temecula Community Services District meeting. The City Council meeting was reconvened at 7:55 P.M. 13. Development Processinq Fees City Attorney Scott Field presented the staff report. Mayor Mu~oz opened the public hearing at 8:10 P.M. Russell Rumansoff, 27349 Jefferson Avenue, Temecula, representing the Economic Development Corporation, advised the Council that the EDC Expediting Committee voted in opposition to any increased fees at this time and they appreciated staff's effort to decrease fees where possible. Mr. Rumansoff asked the Council to reconsider any increases until the economy has had an opportunity to recover. CCMIN5/11/93 6/1193 CITY COUNCIL MINUTES MAY 11o 1993 Lou Kashmere, 29115 Front Street, Temecula, stated there currently is no fee structure for a Tentative Parcel Map with a in-fill improved or partially improved property, where a development application fee has been paid and other review processes have been completed. Mr. Kashmere feels that these fees should be similar to those charged to revise an approved Plot Plan or CUP because it requires significantly less time to review. Planning Director Gary Thornhill concurred that the process is much faster and stated he would support recommending a reduced fee. Councilmember Parks stated that he was in favor of supporting staff recommendation except for Exhibit 4 which he feels should be part of the planning application fee and not set up as a seperate fee under Community Services. Director Thornhill stated that concern was expressed to him regarding the review of landscape plans. Director Thornhill stated that currently if someone came in with a very large project, the fee could be very high. He suggested that he could consult with local contractors and establish a cap fee for landscape review. Director Thornhill suggested that the Council continue this item and allow staff time to make some modifications. It was moved by Councilmember Parks, seconded by Councilmember Stone to continue this item to the meeting of June 8, 1993. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mu~ioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mayor MuAoz declared a recess at 8:25 P.M. The meeting was reconvened at 8:45 P.M. 14. Redevelooment Assistance for Construction and Exoansion - Wal Mart Project City Manager David Dixon requested this item be continued to the meeting of June 22, 1993. Mayor Murioz opened the public hearing at 8:45 P.M. Jo Subik, 39250 Deputy Road, Temecula, told the Councilmembers that she feels the Wal Mart store will be a detriment to the community and is opposed to the city providing financing or incentives. CCMIN5/11/93 -7- 6/1/93 CITY COUNCIL MINUTES MAY 11.1993 It was moved by Mayor Pro Tem Roberrs, seconded by Councilmember Birdsall to continue this item to the meeting of June 22, 1993. The motion carried as follows: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Mur~oz None None Parks, Roberts, Stone, 15. Redevelooment Assistance for Construction and Exoansion - Professional Hospital City Manager David Dixon presented the staff report. Mayor Muftoz opened the public hearing at 8:50 P.M. John Luttgens, President of the Medical Design Concepts, explained how the loan program was developed for PHS and provided an overview of the current goal for Professional Hospital Supply, AMMA and Medical Design Concepts. Mayor Mur~oz stated that he feels employee credit should be an incentive for non-sales tax generating business and that the City is being quite generous with the reduction of the loan balance by increased sales tax. Councilmember Stone stated that he feels the City is going out of its way to encourage PHS to do business in Temecula with the sales tax reduction and is not comfortable adding the employee credit. Mr. Luttgens explained that it would be more cost efficient for Medical Design Concepts to operate out of state, however~ based on the negotiations with the City Manager, the owner of the company made the decision to stay in Temecula. Mayor Mu~oz stated that he would like to see a commitment from PHS or Medical Design Concepts, that they will remain in the City of Temecula for a specified number of years and asked Mr. Luttgens if he would commit to that proposal. Mr. Luttgens stated that he is more comfortable with tying the agreement to the length of the loan as presented and would not want to commit to a specified number of years. Mr. Luttgens explained that the sterilization facility is a single use facility and Mr. Hoffe would not commit to building a facility of this nature if he was not planning to keep the businesses in Temecula. CCMIN5111193 6/1/93 CITY COUNCIL MINUTES MAY 11, 1993 It was moved by Councilmember Parks, seconded by Mayor Pro Tem Roberrs to approve staff recommendation as follows: 15.1 Adopt a resolution entitled: RESOLUTION NO. 93-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE TEMECULA REDEVELOPMENT AGENCY LENDING FUNDS TO ASSIST PROFESSIONAL HOSPITAL SUPPLY, INC., AMERICAN MATERIAL MANAGEMENT ALLIANCE,INC., MEDICAL DESIGN CONCEPT, INC., AND JOHN HOFFEE IN EXPANDING INTO TWO MEDICAL DEVICES SUPPLY FACILITIES IN THE CRYSTAL RIDGE BUSINESS PARK The motion carried as follows: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Roberts NOES: 2 COUNCILMEMBERS: Murtoz, Stone ABSENT: 0 COUNCILMEMBERS: None 16. Redevelooment Assistance - OoeratinQ Fund Loan - Quicksilver Councilmember Birdsall stepped down due to a possible conflict of interest. City Attorney Scott Field presented the staff report. Mayor Mu~oz declared a recess at 9:34 P.M. to change the tape. The meeting was reconvened at 9:36 P.M. Mayor Pro Tem Roberrs expressed concern that the stockholders of the company refused to sign the loan documents. City Manager Dixon stated that if the Letter of Credit is in good standing, it is all the security needed for the loan. Councilmember Stone stated that he would be in favor of approving staff's recommendation as long as staff secures a guarantee that the Letter of Credit is in good standing. It was moved by Councilmember Parks, seconded by Councilmember Stone to approve · staff recommendation, subject to verification of the Letter of Credit, as follows: /'-- CCMIN5/11183 8/'1193 CITY COUNCIL MINUTES MAY 11, 1993 16.1 Adopt a resolution entitled: RESOLUTION NO. 93-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE REDEVELOPMENT AGENCY LENDING $60,000 TO QUICKSILVER ENTERPRISES, INC., TO RESTORE FACILITIES DESTROYED BY THE JANUARY, 1993 FLOODS The motion carried as follows: AYES: 4 COUNCILMEMBERS: Parks, Roberrs, Stone, Mur~oz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Birdsall COUNCIL BUSINESS 10. Award of Contract - Special Counsel - Continued for one week (511 8~93) (5-0-0) RRIRP City Manager David Dixon presented the staff report. Mayor Mur~oz asked why the City does not use its current counsel. City Manager Dixon advised that Burke Williams and Sorenson have not been working in the area of labor relations for very long and he feels that the recommended firm would better provide the City with the expertise in this area. Mayor Mu~oz stated that he would like to see the City Council involved in the interview process, specifically himself. Mayor Mur~oz stated that he would like more time to review the staff report. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Parks to continue this Item to the meeting of May 18, 1993. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberrs, Stone, Mur~oz NOES: 0 COUNCILMEMBERS: None CCMINS/11/93 6/1193 CITY COUNCIL MINUTES ABSENT: 0 COUNCILMEMBERS: None MAY 11.1993 18. Ordinance Amendino Park and Recreational Facility Ooeration Policies and Reaulations- Smokino Policy for City Parks and Recreational Facilities It was moved by Councilmember Parks, seconded by Councilmember Stone to continue this Item to the meeting of June 8, 1993. The motion carried as follows: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Mu~oz None None Parks, Roberts, Stone, 17. Second Readina of Ordinance No. 93-10 -Addinq Sections to Graffiti Ordinance Assistant City Manager Woody Edvalson presented the staff report. It was moved by Councilmember Stone, seconded by Mayor Pro Tem Roberts to approve staff recommendation as follows: 17.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 93-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS 6.14.304 THROUGH 6.14.308, INCLUSIVE, TO CHAPTER 6.14 OF THE TEMECULA MUNICIPAL CODE RELATING TO GRAFFITI The motion carried as follows: AYES: 4 NOES: 1 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Parks, Roberts, Stone, Mu~oz Birdsall None 19. Enabling Ordinance - Adoorion of Develooment linDact Fees City Manager David Dixon advised the Council that during a meeting held today with CCMIN511 1/93 -11 - 6/1193 CITY COUNCIL MINUTES MAY 11, 1993 many of the major industry leaders from the community and after a lengthy discussion, it was recommended that this item be continued for sixty days to further explore options and alternatives and understand the impacts this ordinance will have on the current, expanding and future businesses. It was moved by Councilmember Stone, seconded by Mayor Pro Tem Roberrs to continue this item for 60 days. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberrs, Stone, Mur~oz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Mayor Pro Tem Roberrs, seconded by Councilmember Stone to extend the meeting at 11:00 P.M. to 11:15 P.M. The motion was uanimously approved. 20. Consideration of Emolover/Emolovee Resolution Assistant City Manager Woody Edvalson presented the staff report. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Roberts to approve staff recommendation as follows: RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 93-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IMPLEMENTING EMPLOYER-EMPLOYEE ORGANIZATIONS RELATIONS POLICY The motion carried as follows: AYES: 4 COUNCILMEMBERS: Parks, Roberts, Stone, Mur~oz NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Birdsall CCMIN51I 1193 -12- 611193 CITY COUNCIL MINUTES CITY MANAGER REPORT MAY 11, 1993 City Manager Dixon advised that he had received a memorandum from Director of Public Works Tim Serlet asking that the Council appoint two members to participate on a joint committee for resolving issues of the Murrieta Creek. Mayor Mur~oz and Councilmember Parks volunteered to serve on the committee. Councilmember Parks recommended cancelling the May 13, 1993 Assessment Districts 159 and 161 workshop, in order to allow staff and Council to attend the funeral for the Temecula Police Officer who was killed in the line of duty. CITY ATTORNEY REPORT None CITY COUNCIL REPORTS Councilmember Parks stated that he is concerned with the perceived difficulty in getting a sign permit through the City. Councilmember Parks suggested that staff may want to look into a pamphlet or standard procedure for obtaining these permits. Planning Director Thornhill stated that he has had no complaints, but would look into the matter. Councilmember Stone stated that he had several requests by citizens to look into property maintenance ordinances and asked if Director Thornhill could assist him in getting some model ordinances from other cities. Mayor Mu~oz stated that staff should report on the periodic procedure for review by Code Enforcement. Mayor Mu~oz stated that he would be reporting on his trip to Sacramento at the May 18, 1993 Council meeting. Mayor Mu~oz stated he has concerns with the Resolution for the Murrieta Creek and that it lacked the spirit and the direction that was given. City Clerk June Greek stated that the Murrieta and Temecula Council's action was to adopt the same Resolution as proposed by the City of Murrieta and both Resolutions are identical. She suggested some style modifications to address Mayor Mufioz's concerns. City Manager Dixon suggested that staff bring it back in two weeks. CCMIN5/11/93 61~193 CITY COUNCIL MINUTES MAY 11, 1993 ADJOURNMENT It was moved by Councilmember Parks, seconded by Mayor Pro Tem Roberrs, to adjourn at 11:15 P.M. The motion was unanimously carried. The next meeting of the Temecula City Council will be held on Tuesday, May 18, 1993, 7:00 PM, General Plan Public Hearing, at Temecula Community Center, 28816 Pujol Street, Temecula, California. The next regular meeting of the Temecula City Council will be held on Tuesday, May 25, 1993, 7:00 P.M., Temecula Community Center, 28816 Pujol Street, Temecula, California. J. Sal Muf~oz, Mayor June S. Greek, City Clerk CCMIN5/11193 -14- 611/93 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD MAY 25, 1993 A regular meeting of the Temecula City Council was called to order at 7:08 PM at the Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor J. Sal Mu~oz presiding. PRESENT 3 COUNCILMEMBERS: Birdsall, Parks, Mur~oz ABSENT: 2 COUNCILMEMBERS: Roberrs, Stone Also present were Assistant City Manager Harwood Edvalson, City Attorney Scott F. Field, and City Clerk June S. Greek. INVOCATION The invocation was given by Assistant Pastor Nick La Bruno, of the Calvary Chapel of Temecula. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Parks who asked that the men and women who have died in the service of our country be remembered as Memorial Day approaches. PRESENTATIONS AND PROCLAMATIONS Award of Valor - Juaneice Rigas Mayor Mufioz introduced Deputy Mark Leggett who briefly described the heroism of 14-year old Juaniece Riggs, who responded to an emergency situation and prevented a serious accident. The mayor presented Juaniece with an Award of Valor signed by the members of the City Council and expressed the City's gratitud.e for her bravery and presence of mind. Inland EmPire Design Institute Achievement Award Planning Director Gary Thornhill described the events which led up to the City being honored with the Award of Distinction from the Inland Empire Design Institute for the Old Town Temecula Specific Plan. Mr. Thornhill thanked the City staff and members of the Steering Committee who were responsible for the preparation of the plan and presented the award to the Mayor and City Council. 4-H Citizen Leadership Group The Temecula Valley Wranglers, a 4-H group led by Mindy Bachelor, presented a skit that highlighted some of projects that 4-H members are involved in. Minutes\5/25\93 ol- O5128/93 City Council Minutes Mev 25, 1993 PUBLIC COMMENTS John Dedovesh, 39450 Long Ridge Drive, discussed the increased numbers of illegally parked vehicles for sale on various City streets and asked that code and law enforcement make increased attempts to curb this problem. CONSENT CALENDAR Councilmember Birdsall advised that she would be abstaining from Consent Calendar item number eight (8) due to a possible conflict of interest. Councilmember Parks stated that he would like to review the bid document for item eight prior to it being made public. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to approve items 1 through 10 as follows: 2 3 4 Standard Ordinance Adoorion Procedure RECOMMENDATION: 1.1 Waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 Approve the minutes of April 27, 1993 Resolution Aoorovina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 93-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Combinina Balance Sheet March 3, 1993 and Statement of Revenues. Expenditures and Chanaes in Fund Balance for the Nine Months Ended March 31, 1993 RECOMMENDATION: 4.1 Receive and File Report Minutes\5/25%93 -2- 05/28/93 City Council Minutes May 25. 1993 5 Installation of Five (5) Stop Sians (Southbound Maskuaz Court @ East Loma Linda Rd., southbound Via Consuelo @ Loma Linda Rd., southbound Esplendor Court @ Loma Linda Rd., northbound Esmerado Court @ Loma Linda Rd., and westbound East Loma Linda Rd., @ Loma Linda Rd.) RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 9340 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING STOP SIGNS 6 "No Parkina" Zone - Rancho California Road at Via Las Colinas RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 9341 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "NO PARKING" ZONE ON RANCHO CALIFORNIA ROAD AT VIA LOS COLINAS Installation of Stop Siqn Control at the Intersection of Mercedes and Sixth Streets RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 9342 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING STOP SIGNS AT THE INTERSECTION OF MERCEDES AND SIXTH STREET Minutes\5/25~93 -3- 05128/93 City Council MinuTes 9 May 25. 1993 Final Parcel MaD No. 24586 A five (5) lot commercial subdivision located on 5.42 acres at the northwesterly corner of Diaz Road and Via Dos Picos. RECOMMENDATION: 9.1 Approve Final Parcel Map No. 24586 SECOND READING OF ORDINANCES 10 Ordinance ADorovina Chanae of Zone No. 23 - Safa Muhtaseb RECOMMENDATION: 10.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 93-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY FOR THE CHANGE OF ZONE APPLICATION CONTAINED IN CHANGE OF ZONE NO. 23, CHANGING THE ZONE FROM R-3-4,000 (GENERAL RESIDENTIAL) TO C-O (COMMERCIAL OFFICE) ON PROPERTY LOCATED ON THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD, APPROXIMATELY 450 FEET EAST OF THE INTERSECTION OF VIA LAS COLINAS AND RANCHO CALIFORNIA ROAD KNOWN AS ASSESSOR'S PARCEL NO. 944-290-009. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Mu~oz, NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Roberrs, Stone e Solicitation of Bids for the FY 93-94 Annual Street Maintenance Proaram RECOMMENDATION: 8.1 Authorize the Public Works Department to solicit bids implementation of the FY 93-94 Street Maintenance Program. Minutes~5/25~93 for the 05128/93 City Council Minutes The motion carried by the following vote: AYES: 2 COUNCILMEMBERS: Parks, Mur~oz, NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Roberrs, Stone ABSTAIN: 1 COUNCILMEMBERS: Birdsall May 25. 1993 PUBLIC HEARINGS 11 12 ADoeal of Plannina Commission Decision - PA 93-0038, Minor Condition Use Permit (A request to convert an existing teen night club to an adult night club at 28822 Front Street, Suite 203.) Planning Director Gary Thornhill presented the staff report recommending that the City Council reaffirm the Planning Commission decision to deny the applicant's request. Councilmember Birdsall advised that she would abstain from participating on this matter due to the close proximity of a business owned by she and her husband. City Attorney Scott Field advised the Council that since a quorum would not exists as a result of Councilmember Birdsall's abstention, the matter should be continued to a date when a quorum is present. Mayor Mu~oz opened the Public Hearing at 7:42 PM Charles T. Bell, 113E Bay Avenue, Newport Beach, CA, representing the applicant objected to delays of this matter because of the cost to the applicant. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to continue the Public Hearing to the meeting of June 8, 1993. The motion was unanimously carried, with Councilmember Stone and Mayor Pro Tem Roberrs absent. Amendment to Ordinance Requlatina Temporary Sians Planning Director Gary Thornhill introduced the staff report outlining the recommendations of the Planning Commission. Mayor Mu~oz stated that he would not oppose allowing an addition six month delay of enforcement but he feels it is time the City begins to gain compliance with the existing ordinance for the sake of overall aesthetics within the community. He also Minutes\5/25\93 -5- 05128193 City Council Minutes May 25.1993 indicated he would be willing to allow certain temporary signs to remain in place for up to 33% of the year. Councilmember Parks stated a concern with eliminating all A-frame signs in areas other than Old Town Temecula, and indicated he feels that allowing them to be used for at least 16% of the year would be appropriate. Council discussed the periods of time that should be permitted for attached and detached temporary signs. Councilmember Birdsall suggested that enforcement be instituted immediately, but that only a warning be issued within the first 90 days after adoption of the ordinance. The City Council, by consensus, deferred further consideration of this matter to a later point in the agenda to allow staff to make the discussed modifications to the ordinance. RECESS Mayor Mur~oz declared a recess at 8:08 PM, the meeting was reconvened immediately following the Temecula Community Services District and the Temecula Redevelopment Agency meetings at 8:47 PM. 13 Vesting Tentative Tract MaD 26941. Chanae of Zone No. 22 (A subdivision consisting of 133 acres northerly of DePortola Road, southerly of Pauba Road and easterly of Butterfield Stage Road.) Planning Director Gary Thornhill presented the staff report and indicated a correction to the Conditions of Approval, eliminating condition No. 99 relating to Quimby Fees, since this has been covered on the underlying map. He also advised that a condition No. 33 should be added relating to trails to read, "Prior to the issuance of the first occupancy permit, the equestrian trail along the entire easterly boundary shall be completed. The trail shall be consistent with that shown in the Tentative Map and the design guidelines prepared by Planning and Design Solutions". Councilmember Birdsall clarified that this new condition is to follow condition No. 32, not replace the condition shown as No. 33 in the staff report. Mayor Mu~oz opened the pubic hearing at 8:58 PM. John Wayland, 33342 Pauba Road, addressed the Council speaking on behalf of the Pauba Ranchos Homeowners Association. He addressed access to Cee Cee Road and stated the applicant will be required to install a road, to city standards and to be maintained by the City, that will adjoin the country road maintained by the Homeowners in the area. Mr. Wayland expressed concern that this may lead to additional liability for the property owners in Pauba Ranchos. Minutes\S/25\93 O5/28/93 CiW Council Minutes May 25. 1993 City Engineer/Public Works Director Tim Serlet stated that he believes it is in the best interests of the homeowners in the area to have standard paved roads installed at the time of adjacent development. He advised that if the property owners have objections, the condition can be eliminated since this road is not need to serve ingress or egress needs of the residents of the new development. Mr. Wayland also questioned if the equestrian/recreational trails within the proposed development will be open to the public. Community Services Director Shawn Nelson responded that the trail along Pauba Road would be an open, public trail and that the trails within the proposed development will be maintained by the Crowne Hill Homeowners Association and as such, access to the residents of Pauba Ranchos would need to be granted, possibly by way of a reciprocal agreement between the two organizations. Mr. Wayland then addressed the dedication of Pauba Road and asked who would have responsibility for maintenance of the Road when it is fully improved. Tim Serlet, Public Works Director responded that the City will be responsible for maintaining the portion that is within the City's boundaries (approximately 66%). Perimeter walls and fencing were also discussed by Mr. Wayland who stated that the Pauba Ranchos Property Owners Association would prefer to see three-rail wood fencing on the eastern boundary of the development. Finally he questioned the height that will be allowed for structures on the lots which lie within 200 feet of the existing airstrip. Tim Serlet advised that this had been addressed by the Planning Commission and that an avigation easement is required prior to recordation. RECESS Mayor Mufloz declared a one-minute break to change the tape at 9:26 PM Ernie Egger, 27463 Enterprise Circle West, Temecula, representing the applicant, Taylor Woodrow Homes, stated that the condition to improve Cee Cee Lane was placed on the map prior to closing a cul-de-sac and the developer is not opposed to deleting the condition to improve that road since it will not be possible for Crowne Hill lots to access it due to existing topography. He also stated that the applicant would not oppose a change in the condition to provide white rail fencing rather than block walls on the easterly boundary of the development. With regard to the height limitation, he stated that a natural 40 foot elevation change creates a buffer at the end of the landing strip and should not pose a problem since the building heights on the two adjoining lots will be 32 feet. The applicant requested that Condition 93 be modified to allow septic systems wherever possible rather than requiring all lots to be connected to the EMWD sewer system. Public Works Director Serlet stated, that as a matter of policy, he would recommerld sewer systems be required on all new development within the City. Councilmember Parks indicated that if the applicant can show good percolation exists on the lots, he would not be opposed to allowing use of septic systems. Minutes\5/25%93 -7- O5128/93 City Council Minutes May 25. 1993 Planning Director Gary Thornhill clarified that the applicant has referred to a 28-1ot subdivision, when the proposal before the Council is for a 27-1ot subdivision, based upon the Planning Commission's previous action. Mr. Eggers stated that the applicant has redesigned the project to address the Planning Commission concerns that the lots on Cee Cee Lane be all five-acre lots to buffer the smaller residential lots and the Pauba Ranchos property. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to continue the public hearing to the meeting of July 13, 1993 and refer the concerns regarding septic vs sewer systems and the design as it relates to the additional lot to staff. The motion was unanimously carried, with Mayor Pro Tem Roberts and Councilmember Stone absent. 12. Amendment to Ordinance Reoulatine Temoorarv Signs(Continued) City Attorney Scott Field requested additional clarification from the Council regarding changes to be made to the ordinance prior to adoption. He asked if Council wished to place a maximum number of days that a combination of temporary signs would be permitted, and how the recommended percentages should be implemented. Consensus direction was that 1) the period allowed in any given year would not exceed 120 days; 2) that the allowed period for attached temporary signs would be 30 days on and 60 days off and 3) detached signs would be allowed on a not to exceed 30 days, twice a year with at least a 60-day period between permits. Councilmember Birdsall questioned how the one-year period would be structured and suggested that to aid in monitoring the temporary permit periods a "sticker" system be developed for placement on the permitted signs indicating the approved time period. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to extend the meeting at 10:00 PM for an additional 30 minutes. The motion was unanimously carried, with Mayor Pro Tem Roberrs and Councilmember Stone absent. 14 APpointment of Plannine Commission Member City Clerk June Greek presented the staff report, outlining the recommendations from the Ad Hoc Committee consisting of Councilmember Parks and Councilmember Stone. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to re- appoint Linda Fahey to a second three-year term. The motion was unanimously carried with Mayor Pro Tem Roberts and Councilmember Stone absent. Minutes\S/25\93 -8- O5128/93 City Council Minutes May 25. 1993 15 Lease of Microfilm EouiDment City Clerk June Greek presented the staff report recommending the approval of a lease with Burtronics Company for microfilm reproduction equipment to implement the City's Records Management program. Councilmember Birdsall asked if funds were available for the City to consider an outright purchase rather than lease of this equipment. Finance Officer Mary Jane McLarney stated that staff can research this and bring it back for consideration at a later time. Mayor Mu~oz asked how many cities in the Inland Empire are currently utilizing this type of equipment. Barbara Bullard, representing Burtronics responded that approximately 90% of the cities in Riverside and San Bernardino counties are microfilming documents. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to approve staff recommendation, with the proviso that if it is economically feasible to purchase this equipment a purchase agreement will be brought back to the Council for approval. The motion was unanimously carried, with Mayor Pro Tem Roberts and Councilmember Stone absent. 12 Amendment to Ordinance Regulatina Temporary Sians City Attorney Scott Field read the changes to the proposed ordinance as follows: "Section 4, Subsection C-1 In any year attached and detached temporary signage may not be used in any combination. Section 4, Subsection C-3 The maximum duration for detached promotional signage is two (2), thirty (30) day periods per calendar year, provided that there shall be a minimum sixty (60) day interval between any two thirty (30) day periods. The maximum duration of attached promotional'signage is four (4), thirty (30) day periods per calendar year, provided that there shall be a minimum sixty (60) day interval between any two thirty (30) day periods. Section 7, Subsection D-3 The maximum duration for attached promotional signs is four, thirty (30) day periods per calendar year, provided that there shall be a minimum sixty (60) day interval between any two thirty (30) day periods." Minutes\5/25~,93 -9- 05/28/93 CiW Council Minutes May 25, 1993 It was moved by Councilmember Parks, seconded by Councilmember Birdsall to introduce an ordinance entitled: ORDINANCE NO. 93-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 348 AND 92-16 PERTAINING TO THE REGULATION OF TEMPORARY SIGNS The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Mu~oz, NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Roberrs, Stone CITY MANAGER REPORTS No report given. CITY ATTORNEY REPORTS No report given. CITY COUNCIL REPORTS Councilmember Birdsall announced that two fund raisers would be held over the Memorial Day weekend to benefit the children of Officer Kent Hindegardt and Allison Jacobs. She invited all of the residents to enjoy a barn dance to be held in Old Town Temecula at the Midnight Round-up on Saturday, May 29th and a Bowling Tournament to be held at Pinkys Bowl on Memorial Day, May 31, 1993. ADJOURNMENT It was moved by Councilmember Parks, seconded by Councilmember Birdsall to adjourn at 10:24 PM to a meeting to be held on June 8, 1993, 7:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California. ATTEST: J. Sal Mu~oz, Mayor June S. Greek, City Clerk Minutes\5/25~93 -10o 05/28193 ITEM NO. 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXItmIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES P-ESOLVE, 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 $1,284,394.04. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 8th day of June, 1993. ATTEST: J. Sal Mu~oz, Mayor June S. Greek, City Clerk [SEAL] Resos 314 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 93--- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 8th day of June, 1993 by the following roll call vote: AYES: NOE: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk R=~o, 314 2 ~ CITY OF TEMECULA LIST OF DEMANDS 05/20/93 TOTAL CHECK RUN: 05127/93 TOTAL CHECK RUN: 06/08/93 TOTAL CHECK RUN: 05/20/93 TOTAL PAYROLL: TOTAL, LIST OF DEMANDS FOR 6/08/93 COUNCIL MEETING: DISBURSEMENTS BY FUND: $74,~2.97 $74,327.11 $1,039,093.06 $96,040.90 $1,284,394.~ CHECKS: 001 100 190 191 192 193 ,,,,-~10 0 Z80 300 310 320 PAYROLL: 001 100 190 191 192 193 320 GENERAL GAS TAX FUND TCSD TCSD SERVICE LEVEL A TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D CAPITAL PROJECTS - TCSD REDEVELOPMENT AGENCY-CIp INSURANCE FUND VEHICLE FUND INFORNATIONS SYSTEMS COPY CENTER FUND GENERAL (PAYROLL) GAS TAX FUND (PAYROLL) TCSD (PAYROLL) TCSD SERVICE LEVEL A (PAYROLL) TCSD SERVICE LEVEL B (PAYROLL) TCSD SERVICE LEVEL C (PAYROLL) INSURANCE FUND (PAYROLL) INFORMATION SYSTEMS (PAYROLL) COPY CENTER FUND (PAYROLL) TOTAL BY FUND: $419,954.53 $45,080.53 $47,275.31 $4,116.67 $26,309,17 $24,644.01 $158,852.46 $448,425.41 $250.00 $1,715.06 $2,237,07 $8,961.46 $531.~6 $62,940.44 Sll,622,59 S15,497.39 $420.55 $?36.86 Sl,493.50 $600.93 $1,157.66 Sl,570.98 $1,188,353.1~ $96,040.'M) $1,284,394.0~ PREPARED BY ICARNA MCINTYRE I, ~v///~ '- )t//f~- ,g~,4)l~, CERTIFY AR ~NIS~.LARN~,FINANCE CFFi'~~ ~ DAVE DIXON, CITY MANAGER THAT THE FOLLONING IS TRUE AND CORRECT, , HEREBY CERTIFY THAT THE FOLLON/NG ZS TRUE AND CORRECT. VOUCHRE2 05/27/93 13:5~ CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PER[OOS PAGE FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 COMMUNITy SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROJ FUND 250 CAPITAL PROJECTS - TCSD 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMATION SYSTEMS TOTAL AMOUNT 352,138,28 35,498.04 16,523.09 561.00 20,116.38 158,743.46 447,983.84 1,440.00 1,615.97 4,4~.00 1,039,093,06 VOUCHRE2 05127193 VOUCHER/ CHECK NUMBER 10650 10664 10664 10664 10664 10664 10665 10665 10665 10665 10666 10666 10666 10667 10668 10668 10668 10668 10668 10668 10668 10668 10668 10668 10668 10668 10668 10668 10668 10668 10668 10668 10668 10668 10668 10668 10668 10668 10668 10668 10668 10669 10670 10670 13:54 CHECK DATE 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06108/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 VENDOR NUMBER 000126 000126 000126 000126 000126 000178 000178 000178 000178 000231 000231 000231 000251 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000329 000~06 000406 VENDOR NAME SULLIVAN, CURTIS CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO NBS/LO~RY NBS/LOURY NBS/LOk'RY PLANNING CENTER, THE SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SiR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SiR SPEEDY SiR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY URBAN DESIGN STUDIO RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERZF CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERICOS ITEM DESCRIPTION REFUND/SULLiVAN CURTIS PROVIDE MATERIAL AND LA APRIL MONTHLY MAINT APRIL MONTHLY NAINT APRIL MONTHLY NAINT CREDIT MEMO LASERJET I I I MEN UPGRAD TAX 386SL 25MHZ PC NOTEBOOK TAX TRAFFIC ~SIGNAL SYSTEM DRAFT CAPITAL IMPRQVENE 1-15 INTERCHANGE DEVELOPMENT CUDE PROCES 500 GOLD FOIL BUSINESS 500 GOLD FOIL BUSINESS TAX 500 GOLD FOiL BUSINESS 500 BLACK & WHITE BUSIN 500 BLACK & WHITE BUSIN 500 BLACK & WH/TE BUSIN TAX 500 GOLD FOIL BUSINESS 500 GOLD FOiL BUSINESS 500 GOLD FOIL BUSINESS 500 GOLD FOIL BUSINESS TAX 500 BLACK & WHITE BUSIN 500 BLACK & WHITE BUSIN 500 BLACK & WHITE BUSIN 500 GOLD FOIL BUSINESS TAX 500 BUSINESS CARDS; B/W TAX 500/BUSINESS CARDS; B/W TAX BUILDING AND SAFETY PER SHIPPING TAX 500/BOX BUSINESS CARDS; TAX OLD TO~ SPECIFIC PLAN LAW ENFORCEMENT/MAR LAW ENFORCEMENT/MAR ACCOUNT NUHBER 001-2670 190-180-999-5212 190-180-999-5250 191-180-999-5510 193-180-999-5510 193-180-999-5510 001-170-999-5604 001-170-999-5604 001-170-999-5604 001-170-999-5604 100-164-999-5248 001-140-999-5248 100-164-999-5248. 001-161-999-5248 190-180-999-5220 190-180-999-5220 190-180-999-5220 190-180-999-5220 190-180-999-5220 190-180-999-5220 190-180-999-5220 190-180-999-5220 190-180-999-5220 190-180-999-5220 190-180-999-5220 190-180-999-5220 190-180-999-5220 190-180-999-5220 190-180-999-5220 190'180'999-5220 190-180-999-5220 190'180-999-5220 001-162-999-5220 001'162'999-5220 001-199-999-5220 001'199-999-5220 001-162-999-5222 001-162-999-5222 001-162-999-5222 250-190-129-5804 250-190-129-5804 001-161-999-5248 001-170-999-5288 001-170-999-5299 ITEM AMOUNT 1,000.00 4,680.00 10,029.30 561.00 21,738.16 1,621.78' 334.00 25.89 1,250.00 96.88 2,900.00 500.00 1,500.00 2,353.50 36.00 36. O0 5.58 36.00 27.70 Z7.70 27.70 9.24 36. O0 36. O0 36.00 36.00 11.16 27.70 27.70 27.70 36. O0 9.24 27.70 2.15 27.70 2.15 965. O0 30.00 74.79 27.69 2.15 16,397.45 231,886.14 22,793.86 PAGE 2 CHECK AMOUNT 1,000.00 35,386.68 1,706.77 4,900.00 2,353.50 1,648.75 16,397.45 VOUCHRE2 05127193 VOUCHER/ CHECK NUMBER 10670 10670 10670 10670 10670 10670 10671 10672 10673 10674 10676 10676 10677 106r6 10678 1O679 10679 106 79 10680 10680 10681 10681 10681 10682 10682 10682 1068] 10683 13:54 CHECK DATE 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 06/08/93 VENDOR NUMBER 000~06 000406 000406 000406 000406 000406 000411 000420 000434 000434 000712 000739 000749 000749 000757 000757 000881 000881 000883 000883 000883 000929 000929 000930 000930 000930 000951 000951 000951 000992 000992 VENDOR NAME RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERZF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY FLOCX) TRANS- PAC ] F ] C SIERRA COMPUTER SYSTEMS SIERRA COMPUTER SYSTEMS FORD, STEVEN d. ALEXANDER TRAFFIC SIGMA GOLDEN STATE FENCE CO. GOLDEN STATE FENCE CO. CONCISE CONSTRUCTION CONCISE CONSTRUCTION OAKRIDGE LANDSCAPE/IRRI OAKRIDGE LANDSCAPE/IRR] MONTELEONE EXCAVATING MONTELEONE EXCAVATING NONTELEONE EXCAVATING T.B. PENICK T.B. PENZCK NATIONAL EMBLEM NATIONAL EMBLEM NATIONAL EMBLEM SOFTWARE SPECTRUM SOFTWARE SPECTRUM SOFTMARE SPECTRUM RAMONA TIRE RAMONA TIRE CiTY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION LAW ENFONCEMENT/NAR LAW ENFORCEMENT/MAR LAW ENFORCEMENT/MAR LAW ENFORCEMENT/MAR LAW ENFORCEMENT/MAR LAW ENFORCEMENT/MAR MURRIETA CHANNEL CLEAN- PROFESSIONAL SERVICES; PRORRAMING ASSISTANCE SOFTWARE MAINTENANCE - PROF SERVICES CRC RETENTION INVOICE #10120 (ADDITIO 40' OF 6' CHAIN LINK FE SERVICES THRU 05/18/93 RETENTION PROVIDE LABOR, MATERIAL RETENTION EXTRA SQUARE A.C. FOOTA A.C. REPAIRS; ASPHALT; MO~ING OF PARIQ4AYS FROM CONSTRUCTION OF THE CON RETENTION DESIGN #068404-O0/TEMEC FREIGHT TAX i~1190 MORDPERFECT OFFIC W104~ kK)RDPERFECT OFFIC TAX TIRES; 225/70R/19.5;MIC MOUNT/BALANCE AND TAX TOTAL CHECKS ACCOUNT NUMBER 001-170-999-5298 001-170-999-5290 001-170-999-5291 001-170-999-5281 001-170-999-5282 001-170-999-5262 001-166-999-5420 300-199-999-5207 320-199-999-5250 320-199-999-5211 250-190-129-5804 100-2035 190-180-999-5212 190-180-999-5212 210-199-801-5804 210-2035 210-190-1~-5804 210-2035 100-164-999-5402 100-164-999-5402 100-164-999-5402 250-190-129-5804 250-2035 001-170-999-5243 001-170-999-5243 001-170-999-5243 001-170-999-5221 001-170-999-5221 001-170-999-5221 310-164-999-5214 310-164-999-5214 ITEM AMOUNT 20,374.40 6,714.16 6,458.73 17,394.12 2,865.60 16,723.38 1,415.00 1,440.00 873.00 3,600.00 7,080.00 1,459.00 585.00 739.37 138,724.62 13,872.46- 37,657.00 3,765.70- 3,539.04 21,100.00 5,000.00 489,860.00 48,986,00- 1,119.80 6.07 81.19 640.99 489.98 87.65 1,290.00 325.97 PAGE 3 CHECK AMOUNT 325,210.39 1,415.00 1,~40.00 4,473.00 7,080.00 1,459.00 1,324.37 124,852.16 33,891.30 29,639.04 440,874.00 1,207.06 1,218.62 1,615.97 1,039,093.06 VOUCHRE2 05/27/93 11:09 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 8 FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 COMMUNITy SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROJ FUND 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMATION SYSTEMS 330 COPY CENTER FUND TOTAL AMOUNT 36,919.62 8,04,1,81 20,391.00 1,520.4~ 129.61 3,767.69 109.00 237.01 617.10 2,162.37 431.4,6 74,327.11 VOUCHRE2 05127193 VOUCHER/ CHECK NUMBER 10333 233805 233805 233805 233805 233805 233805 233805 233805 233805 233805 233805 233805 233805 233805 233805 233805 233805 255778 255778 255778 255778 255778 255778 255778 255778 255778 255778 255778 255778 255778 255778 255778 255778 255778 10585 10586 10587 10588 10588 10589 10590 10590 11:09 CHECK VENDOR VENDOR DATE NUMBER NAME 05/06/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 000294 STATE COMPENSATION INS. 000444 FIRSTAX (EDD) 000444 FIRSTAX (EDD) 000444 FIRSTAX (EDD) 00044~ FIRSTAX (EDD) 000444 FIRSTAX (EDD) 000444 FIRSTAX (EDD) 000444 FIRSTAX (EDD) O004Jd+ FIRSTAX (EDD) 00044~ FIRSTAX (EDD) 000444 FIRSTAX (EDD) 000444 FIRSTAX (EDD) 0004~ FIRSTAX (EDD) 000444 FIRSTAX (EDD) 000444 FIRSTAX (EDD) 000444 FIRSTAX (EDD) 000~,4 FIRSTAX (EDD) 000444 FIRSTAX (EDD) 000283 FIRSTAX (IRS) 000283 FIRSTAX (IRS) 000283 FIRSTAX CIRS) 00028] FIRSTAX (IRS) 000283 FIRSTAX (IRS) 000283 FIRSTAX (IRS) 000283 FIRSTAX (IRS) 000283 FIRSTAX (IRS) 000283 FIRSTAX (IRS) 000283 FIRSTAX (IRS) 000283 FIRSTAX CIRS) 000283 FIRSTAX (IRS) 000283 FIRSTAX (IRS) 000283 FZRSTAX (IRS) 000283 FIRSTAX (IRS) 000283 FIRSTAX CIRS) 000283 FIRSTAX (IRS) WALKER, CLAUDIA DAVINDER, NAAN GREEK EASTERN ORTHODOX ROt/E, RUSSELL RCH./E, RUSSELL ARTHOFFER, DANNY 000127 CALIFORNIAN - LEGAL 000127 CALIFORNIAN - LEGAL CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION EXPERIENCE MODIFICATION 000444 CAIT 000444 CAIT 000444 CAIT 000444 CAIT 000444 CAIT 000444 CAIT 000444 CAIT 000444 CAIT 000444 SDI 000444 SOl 000444 SDI 000444 SDI 00(Y,44 SDI 000444 SDi 000444 SDI 000444 SDI 000444 SOl 00028~ FICA/MED 000283 FICA/MED 00028~ FICA/NED 000283 FICA/NED 000283 FICA/NED 00028~ FICA/MED 00028~ FICA/MED 000283 FICA/NED 000283 FICA/MED 000283 USlT 000283 USIT 000283 USIT 000283 USIT 000283 USlT 000283 USIT 000283 USIT 00028~ USIT MILEAGE/WALKER, CLAUDIA ASSESSMENT REFUND/DAVIN REFUND/GREEK EASTERN CH REFUND/RC~E RUSSELL REFUND/ROWE RUSSELL REFUND, ARTHOFFER EASTER ADVERTISEMENT, F 2 X 4" AD - $6.62 COL I ACCOUNT NUMBER 001 - 1990 001-2070 100-2070 190-2070 191-2070 193-2070 300-2070 320-2070 330-2070 001-2070 100-2070 190-2070 191-2070 192-2070 19~-2070 300-2070 320-2070 330-2070 001-2070 100-2070 190-2070 191-2070 192-2070 193-2070 300-2070 320-2070 330-2070 001-2070 100-2070 190-2070. 191-2070 193-2070 300-2070 320-2070 330-2070 190-180-999-5258 193-180-4064 001-163-4380 190-180-4005 191-180-4005 191-180-4005 190-180-999-5254 001-120-999-5254 ITEM AMOUNT 6,6T2.90 2,431.22 431.23 420.28 19.80 37.31 19.89 52.62 15.59 953.74 191.88 241.20 6.94 9.85 23.18 9.47 19,35 22.57 2,243.39 427.98 540.36 15.48 21.98 51.70 21.15 43.18 50.34 9,672.22 2,021.11 1,996.90 78.75 202.92 86.89 237.55 101.59 35.00 119.83 50.00 572.30 41.06 795.47 158.88 52.96 PAGE 2 CHECK AMOUNT 6,672.90 4,906.12 i7,813.49 35.00 119.83 50.00 613.36 795.47 211.84 VOUCHRE2 CITY OF TEMECULA 05127193 11:09 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUIqBER NAHE DESCRIPTION 10591 05127/93 000135 CENTRAL CITIES SIGN SER SIGNS 10592 05/27/93 O00137 CHEVRON U.S.A. INC. FUEL/POLICE 10592 05/27/93 000137 CHEVRON U.S.A. INC. FUEL/TCSD 10592 05/27/93 000137 CHEVRON U.S.A. INC. FUEL/I~S 10592 05/27/93 000137 CHEVRON U.S.A./NC. FUEL/CN 10592 05/27/93 000137 CHEVRON U.S.A. INC. FUEL/TCSO 10593 05/27/93 000174 GET PAGED LOST UNIT 10594 05127193 000177 GLENNIES OFFICE PRODUCT SUPPLIES 10594 05/27/93 000177 GLENNIES OFFICE PRODUCT OPEN P.O. FOR TCSD: 10594 05/27/93 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES OF ACCOUNT NUMBER 100-164-999-5244 001-170-~99-5262 190-180-99~-5263 310-162-~99-5214 001-110-999-5262 310-180-~9~-5214 190-180-999-5238 001-150-999-5220 190-180-9~9-5220 190-180-~{~-5220 10595 05127193 000184 GTE 909-699-2475 PH 001-103-999-5208 10596 05/27/93 000206 KINKO'S COPIES 2 REAMS 81/2 X 11 NISC. MAINTENANCE SUPPL 10597 05/27/93 000209 L & M FERTILIZER 10598 05/27/93 000210 LEAGUE OF CALIF.CITIES LAH HANDBOOKS ;N,~ 05/27/93 000220 NAURICE PRINTERS QUICK NEIGHBORNO(X) HATCH NEgS 05/27/93 000220 NAURICE PRINTERS QUICK TAX 330-199-999-5222 100-164-999-5218 001-110-999-5228 001-170-~-5222 001-170-~9-5222 10600 05127/93 000228 MOBIL FUEL/TCSD 190-180-~99-5263 10600 05/27/93 000228 MOBIL FUEL/CITY MANAGER 001-110-999-5263 10600 05/27/93 000228 MOBIL FUEL/PUBLIC HORKS 100-164-9~-5263 10600 05/27/93 000228 MOBIL FUEL/PLANNING 001-161-9~9-5262 10600 05/27/93 000228 MOBIL FUEL/CITY MANAGER 001-110-999-5262 10600 05/27/93 000228 MOBIL FUEL/PLANNING 001-161-~-5262 10600 05/27/93 000228 MOBIL FUEL/B&S 001-162-~99-5263 10600 05/27/93 000228 MOBIL FUEL/PUBLIC ta)RKS 100-164-~99-5263 10601 05/27/93 000233 NELSON, SHAHN REIMB/SN TEMPORARY SERVICES TO P TEMPORARY SERVICES TO P TEMPORARY SERVICES TO P TEMPORARY SERVICES TO P TEMPORARY SERVICES TO P TEMPORARY SERVICES TO P TENPOBARY SERVICES TO P FILM PROCESSING 10602 05127/93 000239 10602 05/27/93 000239 10602 05/27/93 000239 10602 05/27/93 000239 10602 05/27/93 000239 1060Z 05/27/93 000239 10602 05/27/93 000239 OLSTEN TEMPORARY SERVIC OLSTEN TEMPORARY SERVZC OLSTEN TEMPORARY SERVIC OLSTEN TEMPORARY SERVIC OLSTEN TEMPORARY SERVIC OLSTEN TEMPORARY SERVIC OLSTEN TEMPORARY SERVIC 000243 PAYLESS DRUG STORE 10603 05/27/93 10604 05127/93 000246 10604 05127/93 000246 10604 05/27/93 000246 10604 05/27/93 000246 10604 05/27/93 000246 PERS EMPLOYEES' RETIREM PERS EMPLOYEES' RETIREM PERS EMPLOYEES' RETIREM PERS EMPLOYEES' RET/REM PERS EMPLOYEES' RETIREM 000246 PER REDE 0002/,6 PER REDE 0002/,6 PERS RET 000246 PERS RET 000246 PERS RET 190-180-999-5258 001-166-999-5118 001-140-999-5118 001-163-999-5118 001-166-999-5118 001-163-999-5118 001-140-999-5118 001-163-999-5118 001-162-999-5222 001-2130 100-2130 001-2390 100-2390 190-2390 ITEM AMOUNT 267.00 44.77 10.98 437.38 49.21 160.~ 50.00 59.26 8.00 51.01 17.73 21.44 116.11 150.00 297.00 23.02 41.59 79.97 202.81 43.81 38.02 18.90 12.04 131.49 19.98 176.19 27.69 75.51 20.98 247.50 67.12 201.36 23.69 42.94 171.76 10,744.02 1,770.12 2,151.77 PAGE 3 CHECK AMOUNT 267.00 703.33 50.00 118.27 17.73 21.44 116.11 150.00 320.02 568 19.98 816.35 23.69 VOUCHRE2 05/27/93 VOUCHER/ CHECK NUMBER 11:09 CHECK DATE VENDOR NUMBER VENDOR NAME CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 10604 05/27/93 000246 PERS EMPLOYEES' RETIREN 000246 PERS RET 10604 05/27/93 000246 PERS EMPLOYEES~ RETIREM 000246 PERS RET 10604 05/27/93 000246 PERS EMPLOYEES' RETIREN 000246 PERS RET 10604 05/27/93 000246 PERS EMPLOYEES' RETIREM 000246 PERS RET 10604 05/27/93 000246 PERS EMPLOYEES~ RETIREM 000266 PERS RET 10604 05/27/93 000246 PERS EMPLOYEES' RETIREN 000266 PERS RET 10604 05/27/93 000246 PERS EMPLOYEES' RETIREM 000246 SURVIVOR 10604 05/27/93 000266 PERS EMPLOYEES' RETIREM 000266 SURVIVOR 10604 05/27/93 000246 PERS EMPLOYEES' RETIREM 000266 SURVIVOR 10604 05/27/93 000246 PERS EMPLOYEES~ RETIREN 000266 SURVIVOR 1060~ 05/27/93 0002/,6 PERS EMPLOYEES' RETIREN 000246 SURVIVOR 10604 05/27/93 000266 PERS EMPLOYEES/ RETIREM 000266 SURVIVOR 10604 05/27/93 000246 PERS EMPLOYEES' RETIREM 000246 - SURVIVOR 10606 05/27/93 000266 PERS EMPLOYEES' RETIREN 000246 SURVIVOR 10604 05/27/93 000266 PERS EMPLOYEES' RETIREM 000266 SURVIVOR 10605 10605 10605 10605 10605 10606 10606 10606 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 05/27/93 10607 10607 10607 10607 10607 10607 10607 10607 10607 10607 10607 10607 000253 000253 000253 000253 000253 000262 000262 000262 0002?7 0002?7 0002?7 0002?7 000277 000277 000277 0002?7 000277 0002?7 0002?7 0002?7 000308 000308 000308 000320 000320 000325 000325 000325 000325 10608 10608 10608 POSTMASTER POSTMASTER POSTMASTER POSTMASTER POSTMASTER RANCHO WATER RANCHO WATER RANCHO WATER S & S ARTS AND CRAFTS S & S ARTS AND CRAFTS S & S ARTS AND CRAFTS S & S ARTS AND CRAFTS S & S ARTS AND CRAFTS S & S ARTS AND CRAFTS S & S ARTS AND CRAFTS S & S ARTS AND CRAFTS S & S ARTS AND CRAFTS S & S ARTS AND CRAFTS S & S ARTS AND CRAFTS S & S ARTS AND CRAFTS TEMECULA TDUNE ASSOCIAT TEMECULA TOUNE ASSOCIAT TEMECULA TOt4NE ASSOCIAT TOWN CENTER STATIONERS TOWN CENTER STATIONERS UNITED WAY OF THE INLAN UNITED WAY OF THE INLAN UNITED WAY OF THE INLAN UNITED WAY OF THE INLAN 10609 10609 10610 10610 10610 10610 POSTAGE/CC POSTAGE/PLAN POSTAGE/FINANCE POSTAGE/PU POSTAGE/TCSD 5/19/93 BILLING 5/19/93 BILLING 5/19/93 BILLING BK-316 CRAFTERS HANDBOO SG-530 BUTTERFLY COLLEC GP-769 PIZZAZ PAPER JEW PE-121 WHITE KRAFT PAPE PE-333 CRITTERS II PE-334 CRITTERS IV PE-78 NATURE PRINT PAPE CLJ-70 FINO BASIC SET I ELMER'S INVISIBLE GLUE SH-41 DELUXE PUMPKIN CA FREIGHT TAX LOCKER RENTAL AT TO~N SET UP AND CLEANING FOR FLOOR CARE FOR CITY COU OFFICE SUPPLIES CREDIT ERASERS 000325 t~ 000325 U~ 000325 L~ 000325 IJ~ ACCOUNT NUMBER 191-Z390 192-2390 193-;Z:390 300-2390 320-2390 330-Z390 001-2.390 100-2390 190-2390 191-2~90 192-2390 193-2390 300-2390 320-2390 330-2390 001-120-999-5230 001-161-999-5230 001-160-999-5230 001-163-999-5230 190-180-999-5230 191-180-999-5240 193-180-999-5240 190-180-999-5260 190-181-999-5300 190-181-999-5300 190-181-999-5300 190-181-999-5300 190-181-999-5300 190-181-999-5300 190-181-999-5300 190-181-999-5300 190-181-999-5300 190-181-999-5300 190-181-999-5300 190-181-999-5300 190-180-999-5238 001-100-999-5234 001-100-999-5234 001-163-999-5220 001-163-999-5220 001-2120 100-2120 190-2120 300-2120 ITEM AMOUNT 76.98 96.85 255.08 98.65 219,15 218.07 48.62 8.58 12.09 .42 ,93 1.6~ .66 .93 1.86 13.95 15.95 24.50 23.90 13.95 85.91 2,961.85 389.35 3.99 25.18 14.99 59.95 5.50 5.50 15.00 17.75 3.49 12.95 25.10 12,73 15.00 135.00 96.00 58.33 4.85- ?7.25 9.25 17.50 .50 PAGE CHECK AMOUNT 15,920.72 92.25 3,437.11 202.13 266,00 53.48 104.50 VOUCHRE2 05/27/93 11: 09 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 10611 05127/93 000326 10611 05/27/93 000326 10611 05/27/93 000326 10612 05127/93 000~0 10612 05/27/93 000340 10613 05/27/93 000358 VENDOR NAME UNZTOG RENTAL SERVICE UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE gHITE CAP gHITE CAP DZXOR, DAVID F. CITY OF TENECULA VOUCHER/CHECK REG]STER FOR ALL PERIODS ITEM DESCRIPTION Z-SETS OF UNIFORMS; CLE 2-SETS OF UNIFORMS; CLE UNIFORM RENTAL TOOLS TOOLS REIMB/INTN'L CONF OF SH 10614 05127/93 000374 SOUTHERN CALIF EDISON 4/12-5/12 10614 05/27193 000374 SOOTNERN CALIF EDISON 4/12-5/12 10614 05/27/93 000374 SOUTHERN CALIF EDISON 4/12-5/12 10614 05/27/93 000374 SOUTHERN CALIF EDISON 4/12-5/11 10614 05/27/93 000374 SOUTHERN CALIF EDISON 4/12-5/11 10614 05/27/93 000374 SOUTHERN CALIF EDISON 4/12-5/11 10614 05/27/93 000374 SOUTHERN CALIF EDISON 4/12-5/11 10614 05/27/93 000374 SOUTHERN CALIF EDISON 4/12-5/12 10614 05/27/93 000374 SOUTHERN CALIF EDISON 4/12-5/11 10614 05/27/93 000374 SOUTHERN CALIF EDISON 10614 05/27/93 000374 SOUTHERN CALIF EDISON 4/13-5/12 10614 05/27/93 000374 SOUTHERN CALIF EDISON 4/13-5/12 10614 05/27/93 000374 SOUTHERN CALIF EDISON 4/13-5/12 ld 05/27/93 000388 ICBO PUBLICATIONS 10616 05/27/93 000389 USCM 10616 05/27/93 000389 USCH 10616 05/27/93 000389 USCM 10617 05/27/93 000414 10618 05/27/93 000426 10618 05/27/93 000426 10618 05/27/93 000426 10619 05/27/93 000428 10620 05/27/93 000451 10621 05127/93 000545 LONGS DRUG STORE RANCHO INDUSTRIAL SUPPL RANCHO/NDUSTR]AL SUPPL RANCHO INDUSTRIAL SUPPL 000389 PT RETZR 000389 PT RETIR 000389 PT RETIR FILM PROCESSING CITY HALL; CLEANING SUP JANITORIAL SUPPLIES CREDIT MEMO/FOOTING ERR HORIZON WATER gATER CHG KING ONE K-9 10622 05/27/93 000554 10622 05/27/93 000554 10632 05/27/93 000554 10623 05/27/93 000596 10624 05/27/93 000603 10625 05/27/93 000679 10625 05/27/93 000679 PAC TEL CELLULAR - S,D, SMITH BROS. TEAM SPORTS SMITH BROS. TEAM SPORTS SMITH BROS. TEAM SPORTS LEAGUE OF CA CITIES/LAF 80~ CONTRACT CLASS DOG SD-1075255/MJ STAFF/StJIM PROGRAM FRE I GHT TAX WORKSHOP/LR CABLE & WIRELESS CONNUN APRIL 16-NAY 15 BO-GRAPHICS #10 MHITE ENVELOPES BO-GRAPHZCS TAX ACCOUNT NUMBER 100-164-999-5243 100-164-999-5243 190-180-999-5243 100-16/*-999-5218 100-164-999-5218 001-110-999-5258 191-180-999-5500 191-180-999-5500 191-180-999-5500 193-180-999-5240 193-180-999-5240 193-180-999-52/*0 193-180-999-5240 193-180-999-52/.0 193-180-999-52/.0 193-180-999-5240 193-180-999-5240 193-180-999-5240 190-180-999-52/*0 001-162-999-5228 001-2160 100-2160 190-2160 190-180-999-5220 001-199-999-5212 190-180-999-5212 190-180-999-5212 190-182-999-5240 190-183-816-5300 001-140-999-5208 190-180-999-5243 190-180-999-5243 190-180-999-5243 001-150-999-5258 320-199-999-5208 190-180-999-5525 190-180-999-5525 ITEM AMOUNT 15.20 12.50 13.60 290.19 132.86 93.21 111.48 123.66 164.49 12.47 12.47 12.47 13.04 14.05 12./,7 12.47 12.47 12.47 12.47 16.23 92.24 132.00 241.22 19.49 326.47 13.33 .12- 59.70 468. O0 96.40 559.50 4.94 43.36 115.00 1,589.59 5O4.64 39.11 PAGE 5 CHECK AMOUNT 41.30 423.05 93.21 526.48 16.23 /*65.46 19.49 339.68 59.70 468. O0 96.40 607.80 115.00 1,589.59 543.75 VOUCHRE2 05/27/93 11: 09 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 10626 05/27/93 00070~ 10626 05/27/93 000704 10626 05/27/93 000704 10626 05/27/93 000704 10627 05/27/95 000738 10627 05/27/93 000738 10628 05/27/93 000745 10629 05/27/93 10629 05/27/93 10630 05/27/93 000837 10631 05/27/95 000850 10(:32 05/27/93 000860 10633 05/27/93 10633 05/27/93 10634 05/27/93 10634 05/27/93 10635 05/27/93 10636 05/27/93 10637 05/27/93 10638 05/27/93 10639 05/27/93 10639 05/27/93 10639 05/27/93 106~0 05/27/93 10641 05/27/93 000971 10642 05/27/93 000980 10642 05/27/93 000980 10642 05/27/93 000980 10643 05/27/93 000981 10643 05127193 000981 10643 05/27/93 000981 10643 05/27/93 000981 10643 05/27/93 000981 VENDOR NAME SKS, INC,/INLAND OIL SKS, INC,/INLAND OIL SKS, INC,/iNLAND OIL SKS, ]NC,/INLAND OIL R.F. CONNUNICATZON SPEC R.F. COMMUNICATION SPEC AT & T - CELLULAR 000836 RANCHO MUFFLER 000836 RANCHO MUFFLER STATE OF CALZFORN]A, A.E.P. J~H~, LOR] 000889 PACIFIC IRRIGATION SUPP 000889 PACIFIC IRRIGATION SUPP 000905 TEMECULA SHUTTLE SERV]C 000905 TEMECULA SHUTTLE SERVIC 000907 TEMECULA CAR WASH 000916 BANK OF AMERICA - CC 000938 FOXBRIAR FARMS 000943 GRAYNOR ENGINEERING 000947 RANCHO BELL BLUEPRINT C 000947 RANCHO BELL BLUEPRINT C 000947 RANCHO BELL BLUEPRINT C 000958 ROBERT CARAN PRODUCTION CALIFORNIA ENERGY CONMI COAST IRRZGATION SUPPLY COAST IRRIGATION SUPPLY COAST IRRIGATION SUPPLY R.H.F. INC R,H.F. INC R.H.F. INC R.H.F. INC R.H,F, INC CZTY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS iTEM DESCRIPTION FUEL/C/TY MANAGER FUEL/B&S FUEL/PUBLIC WORKS FUEL/TCSD REPAIR ANO RECERTIFICAT FREIGHT 619-987-1828 NJ TOW STRAPS WITH HOOKS, TAX 000837 FRAN TAX RENEWAL 80X CONTRACT CLASS/KINO IT-102 NIS CHEClO4ATE II TAX SHUTTLE/MUNOZ SHUTTLE/MUNOZ OIL CHANGES AND CAR WAS 4798020000010799/JG 80X CONTRACT CLASS/HORS CONSULTING ON BANNER PO MISC. BLUEPRINTS, ETC. PRINTING/TCSD PRINTiNG/PLAN DESIGN AND CONDUCT JULY PUBLICATIONS IRRIGATION SUPPLIES IRRIGATION SUPPLIES IRRIGATION SUPPLIES ASSY., CABLE POWER CABL LABOR, 1 HOUR RECERTIFICATION OF RADA FREIGHT TAX ACCOUNT NUMBER 001-110-~-5263 001-162-999-5263 100-164-~99-5263 190-180-999-5263 001-170-~-5215 001-170-~-5215 001-140-~9-5208 100-164-999-5242 100-164-999-5242 100-2140 001-161-~-5226 190-183-841-5300 190-180-999-5242 190-180-999-5242 001-100-999-5258 001-100-~99-5258 310-180-999-5214 001-120-999-5258 190-183-818-5300 100-164-~-5248 001-163-999-5268 190-180-999-5268 001-161-999-5250 190-180-~99-5250 001-161-~9-5228 190-180-~99-5212 190-180-999-5212 190-180-~99-5212 001-170-999-5215 001-170-999-5215 001-170-~99-5215 001-170-999-5215 001-170-999-5215 l TEM AMOUNT 69.67 40.72 253.63 101.14 80.00 8.00 4.12 170.00 13.18 12.93 60. O0 168.00 297.08 23.02 40. O0 46. O0 18.73 139.46 320. O0 460. O0 139.27 62.06 7.00 10,000.00 65.95 393.29 53.34 45.56 45.45 45. O0 35.00 9.00 3.30 PAGE 6 CHECK AMOUNT 465.16 88.00 4.12 183.18 12.93 60.00 168.00 320.10 86.00 18.73 139.46 320.00 460.00 208.33 10,000.00 65.95 492.19 137.75 VOUCHRE2 CiTY OF TEHECIJLA 05127193 11:09 ~, VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ZTEN NUNBER DATE NUNBER NANE DESCRIPTION 10644 05/27193 000982 BOIlSALL PETROLEUN CONST THREE DAYS LOADER TINE 10645 05/27/93 001002 FIRST INTERSTATE BANK o REINB/NJ 10645 05/27/93 001002 FIRST/NTERSTATE BANK - 5473&&&403910149/TS 10646 05/27/93 O01O04 DEPARTNENT OF FISH & GA EXTENSION AGREENENT 10647 05127/93 001005 PADGETT-TNONPSON SENINAR/DL ACCOUNT NUNBER 100'164'999-5402 001"140-~-5258 001'163-999-5258 210'190-120-5802 001'150-~-5258 ITEN ANOUNT 800.00 34.47 156.85 109.00 125.00 PAGE 7 CHECK AMOUNT 800.00 191.32 109.00 125.00 TOTAL CHECKS 74,327.11 VOUCHRE2 05/20/~J 11:02 CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE ? FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 COIeqUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192. TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 250 CAPITAL PROJECTS - TCSD 280 REDEVELOPNENT AGENCY - CIP 300 INSURANCE FUND 310 VEHICLES FUND 320 %NFORNATION SYSTENS 330 COPY CENTER FUND TOTAL ANOUNT 30,896.63 1,560.68 10,361.22 2,035.23 26,179.56 759.94 z~,1.57 250.00 38.05 4.00 2,326.09 100.00 74,932.97 VOUCHRE2 05/20/93 ~- VOUCHER/ CHECK NUMBER 10525 10526 10530 10531 10531 10532 10532 10532 10532 10532 10532 1053Z 10532 10532 10532 10533 10'J~5 10535 10535 10535 10535 10535 10535 10536 10536 10536 10536 10536 10536 10536 10536 10537 10537 10538 10539 10539 10539 10540 11:02 CHECK DATE 05/14/93 05/18/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/9~ 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/Z0/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 05/20/93 VENDOR NUMBER OOO74O 000995 000120 000127 000127 000174 000174 000174 000174 000174 000174 000174 000174 000174 000174 000177' 000186 000192 000192 000192 000192 000192 000192 000192 000194 000194 000194 000194 000194 000194 000194 000194 000209 000209 000214 000239 000239 000239 000243 VENDOR NAME PICCA DELl INLAND EMPIRE DESIGN IN BICKNELL TRAVEL CENTER CALIFORN]AN- LEGAL CALIFORNIAN - LEGAL GET PAGED GET PAGED GET PAGED GET PAGED GET PAGED GET PAGED GET PAGED GET PAGED GET PAGED GET PAGED GLENNIES OFFICE PROOUCT HANKS HARDMARE GLOBAL COMPUTER SUPPLIE GLOBAL COMPUTER SUPPLIE GLOBAL COMPUTER SUPPLIE GLOBAL COMPUTER SUPPLIE GLOBAL COMPUTER SUPPLIE GLOBAL COMPUTER SUPPLIE GLOBAL COMPUTER SUPPLIE ICNA RETIREMENT ICMA RETIREMENT ICMA RETIREMENT ICMA RETIREMENT ]CMA RETIREMENT ICNA RETIREMENT IrMA RETIREMENT ICNA RETIREMENT L & N FERTILIZER L & M FERTILIZER LUNCH & STUFF CATERING OLSTEN TEMPORARY SERVZC OLSTEN TEMPORARY SERVIC OLSTEN TEMPORARY SERVIC PAYLESS DRUG STORE CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIDOS ITEM DESCRIPTION BENEFIT LUNCH AWARDS PRESENTATION OLD AIRFARE/MJM/CA LEGISLAT TO10307T2/1662TA/281TF/ TOOO192T4/2787TC/1695Tj B&S PAGERS/JUNE TM:) PAGERS FOR TRAFFZC TkK) PAGERS FOR TRAFFIC TWO PAGERS FOR TRAFFIC PAGER FOR POLICE DEPT. PAGER FOR STUART NANOUS PAGERS; PUBLIC WORKS DE NONTHLY PAGER RENTAL PAGER FOR RON ROBERTS, TOM HAFELI PAGER RENTAL OFFICE SUPPLIES NISC HARDMARE C2787 LASERJET lllsf TO C~612 GLOBAL DG-90N 4~N FRE I GHT TAX VERBATIM 4NN DLgON TAX CRED I T INSURANCE PREM / NAY 19 INSURANCE PREN / NAy 19 INSURANCE PREN / NAY'19 INSURANCE PREM / NAy 19 INSURANCE PREM / NAy 19 INSURANCE PREM / NAY 19 INSURANCE PREM / NAY 19 INSURANCE PREM / NAY 19 TRIMMERS 25CC & HEDGETR LOOP HNADLE TRIMMER CATERING CITY COUNCIL TEMPORARY SERVICES TO P TEMPORARY SERVICES TO P TEMPORARY SERVICES TO P FILM PROCESSING SERVICE ACCOUNT NUMBER 001-150-999-5260 001-161-999-5260 001~140-999-5258 001-120-999-5256 001-161-999-5256 001 - 162-999-5238 001 - lr0-999-5242 001-140-999-5250 100-164-999-5238 001 - 170-999-5242 100-164-999-5238 100-164-999-52]8 190-180-999-5238 001 - 100-999-5250 320-199-999-5238 190-180-999-5220 001-199-999-5242 320-199-999-5221 320-199-999-5221 320-199-999-5221 320-199-~99-5221 320-199-999-5221 320-199-999-5221 320-199-999-5221 001-2080 100-2080 190-2080 191-2080 193-2080 300-2080 320-2080 330-2080 100-164-999-5242 100-164-999-5218 001-100-999-5260 001-166-999-5118 001-140-999-5118 001-163-999-5118 190-180-999-5250 ITEM AMOUNT 138.00 70.00 141.00 130.87 138.58 33. O0 7.33 7.33 7.34 11.00 11.00 ~4.00 88.00 11.00 11.00 48.8~ 132.92 549.95 168.50 16.55 56.39 161.91 12,55 181.55- 9,208.77 1,025.68 1,428.64 62.38 76.24 38.05 562.02 100.00 28].71 41.17 127.00 33.57 29.36 199.68 19.56 PAGE 2 CHECK AMOUNT 138.00 70.00 141.00 269.45 231.00 132.92 71~.30 12,501.78 324.88 127.00 262.61 19.56 VOUCHRE2 05/20/93 11:02 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 10541 10541 10541 10541 10541 10541 10541 10541 10541 10541 10541 10541 10541 10541 10541 10542 10542 10542 10542 10542 10543 10544 10545 10545 10546 10547 10547 10548 10548 10548 10548 10548 10548 10548 10548 10548 10548 10548 10548 10548 10548 10548 10548 10548 05/20/93 000249 PETTY CASH 05/20/93 000249 PETTY CASH 05/20/93 000249 PETTY CASH 05/20/93 000249 PETTY CASH 05/20/93 000249 PETTY CASH 05/20/93 000249 PETTY CASH 05/20/93 000249 PETTY CASH 05/20/93 000249 PETTY CASH 05/20/93 000249 PETTY CASH 05/20/93 000249 PETTY CASH 05/20/93 000249 PETTY CASH 05/20/93 000249 PETTY CASH 05/20/93 000249 PETTY CASH 05/20/93 000249 PETTY CASH 05/20/93 000249 PETTY CASH 05/20/93 000253 POSTMASTER 05/20/93 000253 POSTMASTER 05/20/93 000253 POSTMASTER 05/20/93 000253 POSTMASTER 05/20/93 000253 POSTMASTER 05/20/93 000262 RANCNO WATER 05/20/93 000278 SAN DIEGO UNION TRIBUNE 05/20/93 000307 TEMECULA TROPHY 05/20/93 000307 TEMECULA TROPHY 05/20/93 000309 TEMECULA COPIERS 05/20/93 000326 UNITOG RENTAL SERVICE 05/20/93 000326 UNITOG RENTAL SERVICE 05/20/93 000374 SOUTHERN CALIF EDISON 05/20/93 000374 SOUTHERN CALIF EDISON 05/20/93 000374 SOUTHERN CALIF EDISON 05/20/93 000374 SOUTHERN CALIF EOISON 05/20/93 000374 SOUTHERN CALIF EOISON 05/20/93 000374 SOUTHERN CALiF EDISON 05/20/93 000374 SOUTHERN CALIF EOISON 05/20/93 000374 SOUTHERN CALIF EOISON 05/20/93 000374 SOUTHERN CALIF EDISON 05/20/93 000374 SOUTHERN CALIF EOISON 05/20/93 000374 SOUTHERN CALIF EDISON 05/20/93 000374 SOUTHERN CALIF EDISON 05/20/93 000374 SOUTHERN CALIF EDISON 05/20/93 000374 SOUTHERN CALiF EDISON 05/20/93 000374 SOUTHERN CALIF EOISON 05/20/93 000374 SOUTHERN CALIF BISON 05/20/93 000374 SOUTHERN CALIF EDISON CiTY OF TEMEOULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH/TCSD PETTY CASH/TCSD PETTY CA, SH/TCSD PETTY CASH/TCSD PETTY CASH/TCSD MAIL/CC MAIL/FIN MAIL/PLAN NAIL/TCSD NAIL/PW LANDSCAPE WATER BILLS OPEN P.O. FOR JOB ANNOU AWARD TROPHIES AWARD TROPHIES COPIES 2-SETS OF UNIFORMS; CLE UNIFORM RENTAL 03/31/93-04/30/93 04/01/93-04/30/93 0~/01/93-04/30/93 03/03/93-03/31/93 03/31/93-05/03/93 0~/01/93-05/03/93 0~/05/93-05/05/93 04/05/93-05/04/93 04/05/93-05/0~/93 04/05/93-05/05/93 04/05/93-05/05/93 04/05/93-04/05/93 04/05/93-05/05/93 0~/06/93-05/05/93 0~/06/93-05/05/93 04/06/93-05/05/93 O4/07/93-05/06/93 ACCOUNT NLINBER 001-100-999-5260 001-110-999-5260 001-120-999-5220 001-150-999-5260 001-161-999-5258 001-161-999-5260 001-161-999-5220 001-163-999-5258 001-163-999-5260 100-164-999-5214 190-180-999-5220 190-180-999-5226 190-180-999-5300 190-180-999-5300 190-182-999-5300 001-120-999-5230 001-140-999-5230 001-161-999-5230 190-180-999-5230 001-16~-999-5230 193-180-999-5240 001-150-999-5254 190-182-999-5300 190-182-999-5300 001 - 171-999-5217 100-164-999-5243 190-180-999-5243 191-180-999-5500 190-180-999-5240 190-180-999-5240 191-180-999-5500 191-180-999-5500 191-180-999-5500 193-180-999-5240 193-180-999-5240 193-180-999-5240 193-180-999-5240 193-180-999-5240 193-180-999-5240 193-180-999-5240 190-180-999-5240 193-180-999-5240 193-180-999-5240 191-180-999-5500 ITEM AMOUNT 25.00 12.89 71.55 18.21 17.98 18.48 5.38 10.52 27.23 8.93 16.16 28. O0 13,98. 51.99 10.78 27.90 59.75 23.90 19.90 219.00 4?7.23 275.28 14.57 25.86 75.00 12.50 13.60 156.76 12.57 12,57 42.28 130.95 158.73 12.90 12.81 12.47 12.90 12.90 16.82 12.90 12.47 12.47 12.47 132.13 PAGE 3 CHECK AMOUNT 337.08 350.45 477.2 275.28 40.43 75.00 26.10 VOUCHRE2 05/20/93 11:02 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 10548 05/20/93 000374 10548 05/20/93 000374 10548 05/20/93 000374 10548 05/20/93 000374 10548 05/20/93 000374 , 10548 05/20/93 000374 10548 05/20/93 000374 10548 05/20/93 000374 10548 05/20/93 000374 10548 05/20/93 000374 10548 05/20/93 000374 10548 05/20/93 000374 10548 05/20/93 000374 105/,8 05/20/93 000374 10548 05/20/93 000374 10548 05/20/93 000374 10548 05/20/93 000374 10548 05/20/93 000374 10548 05/20/93 000374 10549 05/20/93 000375 10549 05/20/93 000375 1 ' 05/20/93 000377 10551 05/20/93 000386 10551 05/20/93 000386 10551 05/20/93 000386 10552 05/20/93 000408 10553 05120193 000414 10554 05/20/93 000463 10555 05/20/93 000492 VENDOR NAME SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN PALIF EDISON SOUTHERN PALIF EDISON SOUTHERN CALIF EDISON SOUTHERN PALIF EDISON SOUTHERN PALIF EDISON SOUTHERN PALIF EDISON SOUTHERN PALIF EDISON SOUTHERN PALIF EDISON SOUTHERN CAL]F EDISON SOUTHERN CALIF EDISON SOUTHERN PALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN PALIF TELEPHOR SOUTHERN PALIF TELEPHON STATE DEPT, OF TRANSPOR LANZER VOICE PRODUCTS LANIER VOICE PRODUCTS LANIER VOICE PRODUCTS AGRICREDIT ACCEPTANCE C LONGS DRUG STORE POLLARD, DONALD E. MCLARNEY, MARY JANE 10556 05/20/93 000499 SCCCA 10557 05/20/93 000512 10558 05/20/93 000537 10558 05/20/93.000537 10558 05/20/93 000537 10558 05/20/93 000537 10558 05/20/93 000537 10558 05/20/93 000537 10558 05/20/93 000537 10558 05/20/93 000537 10558 05/20/93 000537 10558 05/20/93 000537 CADET UNIFORM SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDZ SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA ED] SOUTHERN CALIFORNIA CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 04107193-05107193 04107193-05/07193 04/07/93-05/07193 0410~1~ - 05107/93 04109193 - 05107193 04/09/93 - 05/07/93 04/09/93-05/07/93 03/12/93-04/13/93 03/23/93-04/22/93 03/23/93-04/22/93 03/23/93-04/22/93 03/23/93-04/22/93 03/23/93-04/22/93 03/23/93-04/22/93 01/22/93-02/19/93 02/19/93-03/23/93 03/23/93-04/22/93 03123193-04122193 03/23/93-04/22/93 9092024751 909-202-4752 BILLING PERIOD MARCH 19 LEADERLESS TAPES FREIGHT TAX TRACTOR LEASE FILM PURCHASING COUNTRY MESTERN DANCE C EXPENSE REIMB/MJ CITY CLERK'S ASSOC MEET ENTRY RUG SERVICE; CiTY 3/31-4/30 3/31-4/30 2/Z8-3/31 3/31-4/30 3/31-4/30 4/01-4/30 3/31-4/30 3/31-4/30 3/31-4/30 3/31-4/30 ACCOUNT NUMBER 190-180-999-5240 193-180-999-5240 193-180-999-5240 193-180-999-5240 193-180-999-5240 193 - 180- 999- 5240 193-180-999-5240 193-180-999-5240 001-199-999-5240 001 - 199-999-5240 001 - 199-999-5240 001 - 199- 999- 5240 001-199-999-5240 001-199-999-5240 001 - 199-999-5240 001-199-999-5240 001-199-999-5240 001 - 199-999-5240 001 - 199-999- 5240 001 - 163 -999-5208 190-180-999-5208 100-164-999-5405 001-161-999-5220 001-161-999-5220 001-161-999-5220 190-180-999-5239 190-180-999-5220 190-183-834-5300 001-140-999-5258 001-120-999-5258 001-199-999-5250 191-180-999-5500 191-180-999-5500 191-180-999-5500 191-180-999-5500 191-180-999-5500 191-180-999-5500 191-180-999-5500 191-180-999-5500 191-180-999-5500 191-180-999-5500 ITEM AII4IXINT 13.24 12.90 12.90 12.04 12.04 12.04 12.04 13.87 452.71 811.69 732.53 186.61 151.37 127.56 125.39 405.60 74.82 122.54 106.35 78.00 2.40 6.24 846.02 21.00 ~0.00 19.00 25. O0 34.25 36.19 42.03 17.80 18.91 18.47 8.76 35.90 39.08 39.138 41.02 PAGE 4 CHECK AMOUNT 4,117.43 197.36 106.35 86.64 846.02 21.00 /,40.00 19.00 25.00 34.25 VOUCHRE2 CITY OF TEMECULA 05/20/9~ 11:02 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION 10558 05/20/93 000537 SOUTHERN CALIFORNIA EDI 3/31-6/30 10558 05/20/93 000537 SOUTHERN CALIFORNIA EDI 3/~1-4/30 10558 05/20/93 000537 SOUTHERN CALIFORNIA EDI 3/31-4/30 10558 05/20/93 000537 SOUTHERN CALIFORNIA EDI 3/31-4/30 10558 05/20/93 000537 SOUTHERN CALIFORNIA ED! 0~/01/93-0~/30/93 10558 05/20/93 000537 SOUTHERN CALIFORNIA ED[ 7/01-3/31 ~J, 10558 05/20/93 000537 SOUTHERN CALIFORNIA EDI 3/31-4/30 10558 05/20/93 000537 SOUTHERN CALIFORNIA EDZ 3/31-4/30 10558 05/20/93 000537 SOUTHERN CALIFORNIA EDI 3/31-4/30 10558 05/20/93 000537 SOUTHERN CALIFORNIA EDI 3/31-4/30 10558 05/20/93 000537 SOUTHERN CALIFORN[A EDZ 3/31-4/30 10558 05/20/93 000537 SOUTHERN CALIFORNIA EDI 3/31-4/30 10558 05/20/93 000537 SOUTHERN CALiFORNiA ED] 3/31-4/30 10558 05/20/93 000537 SOUTHERN CALIFORNIA ED! 1/31-2/28 10558 05/20/93 000537 SOUTHERN CALIFORNIA EDI 2/28-3/31 10558 05/20/93 000537 SOUTHERN CALIFORNIA EDI 3/31-4/30 10558 05/20/93 000537 SCXJTHERN CALIFORNIA EDI 3/31-4/30 10558 05/20/93 000537 SOUTHERN CAL/FORNIA ED] 3/31-4/30 10559 05/20/93 000596 LEAGUE OF CA CITIES/LAF CONFERENCE 10560 05/20/93 000619 JANAR TECHNOLOGIES, INC BATTERY CHARGER SINGLE 10560 05/20/93 000619 JANAR TECHNOLOGIES, INC FREIGHT 10560 05/20/93 000619 JAHAR TECHNOLOGIES, INC TAX ACCOUNT NUMBER 191-180-~-5500 191-180-~-5500 191-180-~-5500 191-180-~-5500 192-180-~-5500 192-180-~-5500 191-180-~-5500 191-180-~-5500 191-180-~-5500 191-180-~-5500 191-180-~-5500 191-180-~-5500 191-180-~-5500 191-180-~-5500 191-180-~-5500 191-180-~-5500 191-180-~-5500 191-180-999-5500 001-161-999-5258 001-163-~-5242 001-163-~-5242 O01-163-~q~-5242 10561 05/20/93 000648 BANANA BLUEPRINT FINANCE CHARGES 250-190-129-5802 10561 05/20/93 000648 BANANA BLUEPRINT COPIES FOR CRC 250-190-129-5802 10561 05/20/93 000648 BANANA BLUEPRINT BLUELINE & DELIVERY 250-190-129-5802 10561 05/20/93 000648 BANANA BLUEPRINT DELIVERY CHARGES ONLY 250-190-129-5802 10561 05/20/93 000648 BANANA BLUEPRINT DELIVERY CHARGES 250-190-129-5802 10561 05/20/93 000648 BANANA BLUEPRINT DELIVERY CHARGES 250-190-129-5802 10562 05/20/93 000649 MUNOZ, SAL J. EXPENSE REIMB/SM 10563 05/20/93 000718 NRPA RESOURCE MATERIAL 10564 05/20/93 000746 CENTER FOR URBAN POLICY THE NEU ILLUSTRATED BOO 10564 05/20/93 000746 CENTER FOR URBAN POLICY FREIGHT 10565 05/20/93 000753 LANDSCAPE STRUCTURES, I 260-00007 TIRE SUING T! 10565 05/20/93 000753 LANDSCAPE STRUCTURES, I FREIGHT 10565 05120193 000753 LANDSCAPE STRUCTURES, I TAX 10566 05/20/93 000754 ASSIST IN THE DRAFTING ELLIOTT GROUP, THE 001-100-~-5258 190-180-~-5228 001-161-~-5228 001-161-~-5228 190-180-~-5212 190-180-~-5212 190-180-~-5212 190-180-~-5250 10567 05/20/93 0007~3 SCANTRON CORPORATION CUSTOM FORM (ORE SIDED) 320-1970 10567 05/20/93 000793 SCANTRON CORPORATION PRINTING (5,000) FORMS 320-199-999-5221 10567 05/20/93 000793 SCANTRON CORPORATION FREIGHT 320-199-999-5221 10567 05/20/93 000793 SCANTRON CORPORATZON TAX 320-1970 10567 05/20/93 000793 SCANTRON CORPORATION TAX 320-1~-~-5221 ITEM AMOUNT 38.85 39.56 41.80 33.18 15,289.70 10,889.86 36.13 34.89 37.42 129.86 32.29 26.80 38.08 ~4~.07 24.86 25,81 38.50 32.66 135.00 43.00 5.00 3.33 142.59 203.20 21.71 28.82 28.82 16.43 9.00 30.25 24.95 2.50 150.00 1.50 11.63 79.00 307.20 579,25 13.62 60.43 8.27 PAGE 5 CHECK AMOUNT 27,531.56 135.00 51.33~ ' 441.57 9.00 30,25 27.45 163.13 79.00 968.77 VOUCHRE2 05/20/93 11:02 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 10568 05/20/93 000907 10569 05/20/93 000910 10569 05/20/93 10570 05/20/93 000916 10571 05/20/93 000919 10572 05/20/93 00094.1 10572 05/20/93 000941 10573 05/20/93 000954. 10573 05/20/93 000954 10573 05/20/93 000954. 10574 05/20/93 000957 10573 05/20/93 000980 10576 05/20/93 000994 1P"'~ 05/20/93 000996 1d),-8 05/20/93 000~7 10579 05/20/93 000998 VENDOR MANE TEMECULA CAR gASH MARY MITCHELL TRUST, TH 000910 MARY MITCHELL TRUST, TH SANK OF AMERICA - CC TEMEOULA VALLEY UNIFIED FABCO FABCO FIRST INTERSTATE BANK FIRST INTERSTATE SANK FIRST INTERSTATE SANK TEMECULA VALLEY FILM COAST IRRIOATIOR SUPPLY FRIENDS OF THE TEMECULA LOCAL GOVERNMENT PUBLIC RANCHO CALIFORNIA/TENEC TENECULA VLLY NAT'L LIT CITY OF TEMEOULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCR I PT I OR CAR gASH CREDIT NENEO MAY & JUNE RENT/TEEN CE 4.798020000010807 RP CRE COMMUNITY SERVICE FUNDI ,080 ALUMINUM SHELF TAX 54.736664.03910024.-DD APR 54.T3666/,O3910024.oDD APR 54.7'J&664039100/,0 PB APR ACCOUNT NUMBER 310-164-999-5214. 190-182-999-5~ 190-182-999-5234 001-100-999-5260 001-100-999-5267 001-171-999-524.2 001-171-999-524.2 001-110-999-5258 001-110-999-5260 001-100-999-5258 PREPARATION OF A PRODUC 280-199-999-5264 TkK) TORO 360S & NOZZLES CS FUNDING 1993 SUPPLEMENT CS FUNDING CS FUNDING 190-180-999-5212 001-100-999-5267 001-100-999-5228 001-100-999-5267 001-100-999-5267 TOTAL CHECKS ITEM AMOUNT 168.75- 6,918.65 53.90 1,000. O0 93.90 7.28 268.81 102.20 281.54 250.00 2,000.00 10,000.00 2,000.00 PAGE 6 CHECK AMOUNT 4..00 6,74.9.90 53.90 1,000. O0 101.18 652.55 250. O0 78.66 2,000. O0 10,000,00 2,000.00 74.,932.97 ITEM NO. 4 APPROVAL TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane McLarney, Finance Officer June 8, 1993 City Treasurer's Report as of April 30, 1993 RECOMMENDATION: That the City Council receive and file the City Treasurer's report as of April 30, 1993. 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 April 30, 1993. FISCAL IMPACT: None ATTACHMENT: City Treasurer's Report as of April 30, 1993 City of Temecula City Treasurer's Report As of April 30, 1993 Cash Activity for the Month of April: Cash and Investments as of April 1, 1993 Cash Receipts Cash Disbursements Cash and Investments as of April 30, 1993 $ 41,416,193 2,523,757 (4,270,133) $ 39,669,817 Cash and Investments Portfolio: Type of Investment Institution Yield ! Cash City Hall u,~neral Checking First Interstate Interest Checking Bank of America 2.500% Benefit demand deposits First Interstate Benefit demand deposits Bank of America 1.100% Local Agency Investment Fund State Treasurer 4.605% Deferred Comp. Fund ICMA Trust accounts-TCSD bonds Bank of America 2.762% Trust accounts-RDA bonds Bank of America 2.762% Balance $ 800 :>~505 26,517 9,147 160 17,295,657 320,173 4,577,621 17,217,237 $ 39,669,817 (1) (1) (1) (1) (1)-This amount includes outstanding checks. Per Government Code Requirements, this Treasurer's Report is in compliance with the City of Temecula's Investment Policy and there are adequate funds available to meet budgeted and actual expenditures for the next thirty days of the City of Temecula. Prepared by Carole Serfling, Senior Accountant ITEM NO. APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane McLarney, Finance Officer June 8, 1993 Budget Adjustments for Microfilm Internal Service Fund Equipment and Jnsurance Prepared by: Grant M. Yates, Financial Services Administrator RECOMMENDATION: That the City Council approve: A residual equity transfer of $69,520.00 from General Fund Undesignated Fund Balance to the Copy Center Internal Service Fund for the purchase of microfilm reproductive equipment. Appropriate $40,000 from Insurance Internal Service Fund Balance to Account No. 300-199-999-5207 Claims. DISCUSSION: Microfilm Eouioment: On May 25, 1993 the City Council approved the acquisition of microfilm reproductive equipment from Burtronics Business Systems. The Council also directed staff to further investigate leasing versus purchasing the equipment. The direction provid. ed was to find the most cost effective financing method. Based upon the fact that the City is earning approximately a 4.605% return on our investments and the leasing rates were approaching 9%, staff is recommending that the City purchase this equipment· The purchase price of the equipment is $62,827.75 plus sales tax of $4,869.14, plus installation charges of $1,400 and $500 for delivery charges brings a total cost of $69,596.91. This residual equity transfer is requested to make the funds available in the Copy Center Internal Service Fund to pay for the purchase of the equipment. Insurance Fund: A transfer of $40,000 is requested from the InsUrance Internal Service Fund Balance into account number 300-199-999-5207, Claims. All costs associated with claims made against the City are recorded in this account. The costs associated with various lawsuits, including Lake Village vs. City of Temecula, and Moddafare vs. The City of Temecula, could not be determined at mid-year, therefore this transfer from fund balance is requested. ITEM NO. 6 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council June S. Greek, City Clerk June 8, 1993 Resolution Designating Agent for Obtaining Federal Assistance RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING AN AGENT TO ACT IN THE CITY'S BEHALF FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL ASSISTANCE BACKGROUND: The Office of Emergency Services for the State of California has asked me to present the attached resolution for action by the Temecula City Council. This resolution is in a form acceptable to OES and is required to pursue FEMA funds for the flooding which occurred in January. JSG R:~ende.rpt\OES-Reeo RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING AN AGENT TO ACT IN THE CITY'S BEHALF FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL ASSISTANCE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That David F. Dixon, City Manager or Harwood Edvalson, Assistant City Manager Or Mary Jane Mcl-~rney, Finance Officer is hereby authorized to execute for and in behalf of the City of Temecula, a public entity established under the laws of the State of California, this application and to file it in the Office of Emergency Services for the purpose of obtaining certain federal financial assistance under P.L. 93-288 as mended by the Robert T. Stafford Disaster Relief and Assistance Act of 1988, and/or state financial assistance under the Natural Disaster Assistance Act for flood, which occurred in January of 1993. Section 2. That the City of Temecula, a public entity established under the laws of the State of California, hereby authorizes its agent to provide to the State Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. Section 3. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOFrED, this 8th day of June, 1993. ATTEST: J. Sat Mu~oz, Mayor June S. Greek, City Clerk [SEAL] Resos 313 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, duly appointed City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 93- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 8th day of June, 1993 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk Resos 313 2 ~ C:,'ZltC£11CY SCIY~CC$ Federal P.A. No. -.~. 2- ~.- DESIGNATION OF APPLICANT'S AGENT RESOLUTION tT RESOLVED BY THE THAT OF THE (Name) ' (T~tle) OR "('Name) (talc) OR (Name) hereby .',uthorbzd to c~cute Jar and i~x b~hatr of the , n pul~llc entity c~c::l~lishcd under the law: of the ScaLe of ~lifornia. th~ application an~ to fi!~' k in th~ Otnc~ o~ Emcr~ucy Scrvic~,~ the pur~sc of obta~nin zr~ federal Gnanci~ ~tM~ under P.L. 93-~ as amended by thc R~crt T. Stall~rd Disaster Relief a~ ~er~ncy ~btaaco Act of 1~, and/or st:re ~n~t askLance under the N::tur;d Oi.;~ter ~istanee Act for , which occu~d in of (~. ~d, e~rthquakc, ct~) (month and ~ar) THAT ihc e public endW csiabiishc~ under Htc h~ or ihc 5talc or Cal;Ibrnla, hereby l~thor~e$ ii5 ag~m Lo pr~idc tj the SLat= 0~ or Emctgcn~ Services for all m~ttcrs p~rt~in~nB ~uch state d~or ~$~lance the assuranus a~d a~ccmcnu rcqu~. Passed ~d approval this day of . D (Name and title) (Namc and t ;tie) (Name and Title) resolution passed and approved b~ · day of CERTIFICATION , duly appolnt~d and or (.: ttk~) , do hereby certify that the above It a true and correct eopy of a of tl~ tm the Dut c: "(Ol'ficiM Peltion) -.,..-~i3 rem t3O (!tm, %Zlgt) DAD rem (SiJnatur~) ITEM NO. 7 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Council/City Manager Gary Thornhill, Director of Planning ~>2'' DATE: June 8, 1993 SUBJECT: General Plan Contract Amendment for Completion Workprogram RECOMMENDATION: It is requested that the City Council: AMEND the General Plan Contract by ,~ 27,750.00 for the completion of the Workprogram. DISCUSSION: Staff is requesting a budget augmentation in the amount of ,~ 27,750.00 to cover the cost of additional work done as part of the General Plan Workprogram. The following table shows the provisions of the original contract and the additional work required. Original Contracts 5 Joint PC/CC Workshops 2 Planning Commission Meetings 3 runs of Traffic Model and Traffic Consultant attendance at 1 PC meeting Single Draft General Plan Additional Work Additional Joint PC/CC Meeting 4 Additional Planning Commission meetings Supplemental run of Model and attendance at 2"d PC Meeting 2"d Draft for City Council Comments J Cost Additional Workshops ~ 1,959.00 required to discuss Land Use Plan Additional Meetings Necessary to complete Public Hearing process Additional run for N. General Kearny extension alternatives requested 2"d Draft necessary to incorporate Planning Commission recommendations and simplify presentation to City Council 4,733.00 3,250.00 2,256.00 , _ R:%S\GENPLAN%AUGBUDGT.RIC 6/1/93 tie ~ 'Original Contracts. '~ Additional Work ~ ' Comments I Cost Addendum to Draft EIR to Separate Final EIR Due to significant ~ 7,010.00 serve as Final EIR Document changes, separate document document necessary to simplify presentation Two City Council 6 additional City Additional meetings $ 6,000.00 Meetings Council meetings necessary to complete Public Hearing process Total: :~: ~: :': '~ S :25,208.00 FISCAL IMPACT: Because the workprogram is not yet co~npleted, staff has added an additional 10 percent to cover any further requested supplemental work. The planning Department can fund this request through existing surplus from Account No. 0011619995248 .in the Fiscal Year 1992- 1993 operating budget. R:\S%GENPLAN~AUGBUDGT,R1C 6/1/93 tj= ~ ITEM NO. 8 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT APPROVAL: CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ / City Council/City Manager Anthony Elmo, Chief Building Official June 8, 1993 Award of Contra(~t for Weed Abatement Services RECOMM EN DATION: Approve an Award of Contract for weed abatement services on an as-needed basis to: Primary: Smith Tractor Services P.O. Box 527 Wildomar, CA 92595 Secondary: Rory Rieck 15860 Oro Glen Drive Moreno Valley, CA 92553 DISCUSSION: In response to the severe fire hazards that exist throughout the City due to the excessive vegetation growth, staff prepared a Request for Proposal (RFP) for contractors to work with the Fire Department and Code Enforcement Division's Weed Abatement Program. Approximately 41 RFP's were sent out with two (2) responses being returned. Staff proposes to award contracts to a primary and secondary contractor to ensure expeditious abatement of these conditions. The following is a listing of the firms in order of ranking: 1. Smith Tractor Services Discing Up to one acre More than one acre 935.00 per acre 945.00 per acre Flail Mowing Up to one acre More than one acre. 937.00 per acre 947.00 per acre Agenda Report June 8, 1993 Page 2 2. Rory Rieck Discing Up to one acre More than one acre $35.00 per acre $50.00 per acre Flail Mowinq Up to one acre More than one acre Non-submitted Non-submitted Posting of property began on April 13, 1993, with voluntary abatement requested within a thirty (30) day period. Property not in compliance with the posted abatement order is to be abated by the City authorized contractor. All abatement including an administrative cost of $170.00 per acre, will be recorded against the property in the form of a lien recorded in the office of the County Recorder. FISCAL IMPACT: Funds in the amount of $5,000 have been transferred from Account//999-5248, Consulting Services, to Account//999-5537, Weed Abatement,, to pay for services provided during this Fiscal Year. This account will be adjusted for '93 - '94 as the need occurs to complete the weed abatement program. Agenda,Rep~CCCMWeed. Abatement ITEM NO. 9 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mary Jane McLarney, Finance Officer DATE: June 8, 1993 SUBJECT: Cooperative Agreement with County of Riverside for the Community Development Block Grant Program Prepared by: Grant M. Yates, Financial Services Administrator RECOMMENDATION: That the City Council approve the three year cooperative agreement with the County of Riverside for the administration of the Community Development Block Grant (CDBG) Program. DISCUSSION: The City of Temecula was recently offered direct entitlement status for the CDBG Program starting in the 1994 Fiscal Year. This offer of entitlement status would mean that the City of Temecuia is eligible to receive CDBG funds directly from the Federal Government' s Housing and Urban Development Agency (HUD). Currently, CDBG funds would be passed to the City through the County who is responsible for administering the program. In reviewing this option with officials from Riverside County and HUD, staff determined that the City is eligible to receive $172,000 in the 1993-94 Fiscal Year if we remain under the County program. The amount of money the City would receive if we chose entitlement status would be $154,000 or $18,000 less than is available if we continue with the County. The reason for this difference is that the funding formula or criteria would change because of entitlement status. Riverside County officials explained that the City's relatively new housing stock contains few substandard units. These units are weighed heavily when calculating funding allocations for entitlement cities. The attached agreement will require the City to remain with the County for the next three years. At the end of that time, the City will again be given the opportunity to review and possibly select entitlement status. FISCAL IMPACT: There is no fiscal impact associated with approving the three-year cooperation agreement. Attachment: Three-Year Cooperative Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOPERATION AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IMPLEMENTING THE HOUSING AND COMMUNITy DEVELOPMENT ACT OF 1974 AS AMENDED BY THE HOUSING AND URBAN RURAL RECOVERY ACT OF 1983 COUNTY OF RIVERSIDE of the State of California, hereinafter referred to as "COUNTY,,, and City of Temecula, an incorporated municipality within the geographical boundaries of the COUNTY, hereinafter referred to as "CITY,,, mutually agree as follows: 1. GENERAL. The Housing and Community Development Act of 1974, as amended by the Housing and Urban Rural Recovery Act of 1983, and as amended by the Cranston-Gonzales National Affordable Housing Act (Public Law 101-625) hereinafter referred to as the "Act", provides that grant funds may be used for the development of viable urban communities by providing decent housing and a suitable living environment and by expanding economic oPPortunities Principally for persons of low and moderate income. COUNTY is qualified as an "Urban County,, under the Act. CITY, by executing this Agreement, hereby gives notice of its election to Participate in an Urban County Community Development Block Grant program, hereinafter referred to as "CDBG programs,,. Furthermore, COUNTy is hereby authorized to carry out activities which will be funded by Community Development block Grants from federal fiscal Years 1994, 1995 and 1996 aPPropriations and from any program income generated by the expenditure of such funds. COUNTy and CITY hereby agree to cooperate or to assist 2 3 4 5 6 7 8 9 10 11 12 13 14 in undertaking community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. 2. ..TERM. The term of this Agreement shall be for not less than a period of three (3) years commencing on the date specified below and extending through the federal fiscal years FY 1994, FY 1995 and FY 1996. 3. PREPARATION OF FEDERALLY REOUIRED FUNDING APPLICATIONS. COUNTY, by and through its Economic Development Agency, subject to approval of COUNTY's Board of Supervisors, shall be responsible for preparing and submitting to the Department of Housing and Urban Development, hereinafter referred to as "HUD", 15 in a timely manner those reports and statements required by the 16 17 18 19 20 21 22 23 .24 25 26 27 28 Act and the federal regulations promulgated by HUD to secure entitlement grant funding under the CDBG program. 4. COMPLIANCE WITH FEDERAL STATUTES. REGULATIONS AND OTHER APPLICABLE STATUTES, REGULATIONS AND ORDINANCES. (a) COUNTY and CITY will comply with the applicable provisions of the Act and those federal regulations promulgated by HUD pursuant thereto, as the same currently exists or may hereafter by amended. (104(b) of Title I; Title 42 United States Code S5301, et seq., and Title 24 Code of Federal Regulations Part 570.) In addition, COUNTY and CITY will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. S~3601, et seq.); the Fair Housing Act; Cranston-Gonzales National Affordable Housing Act (Public Law 101-625); Section 109 Title I of the Housing and 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 L5 16 17 18 19 20 21 22 23 24 25 26 27 28 Community Development Act of 1974 (42 U-S-C.-S5309); Executive Order 11063, as amended by Executive Order 12259; Section 109 of the Act of the National Environmental Policy Act of 1969 (42 U.S.C. S~4321, et seq.); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. ~4630, et seq.) and any other federal or state statute or regulation that is applicable to use of entitlement grant funds. (b) COUNTY and CITY shall: 1. Meet the citizen participation requirements of 570,301(a)(2) and provide citizens with: A. the estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and B. a plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities. (c) CITY shall follow a detailed citizen Participation plan which: 1. provides for and-encourages citizen Participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blighted areas and of areas in Which funds are proposed to be used, and provides for participation of residents in low and moderate income neighborhoods; 2. provides citizens with reasonable and timely access to local meetings, information and records 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 relating to the grantee,s proposed use of funds, as required by the regulations of the Secretary, and relating to the actual use of funds under the Act; 3. provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the grantee; 4. provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at.least the development of needs, the review of proposed activities and review of program performance, which hearings shall be held after adequate notice, at times an locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped; complaints 5. provides for a timely written answer to written and grievances, within 15 working days where Practicable; and 20 21 22 23 .24 25 26 27 28 6. identifies how the'needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate. (d) CITY shall develop a community development plan, for the period of this Agreement, that identifies community development and housing needs and specifies both short and long-term community development objectives that have been 4 1 2 3 4 5 6 7 8 9 10 12 13 14 [5 16 17 18 19 20 21 22 23 24 25 26 27 28 developed in accordance with the primary objective and requirements of the Act. (e) CITY is subject to the same requirements applicable to subrecipients, including the requirement for a written agreement set forth in 24 CFR 570,503." CITY certifies, to the best of its knowledge, (f) and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress -in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit . standard Form-LLL, "Disclosure Form to Report Lobbying,,, in accordance with its instructions. 3. The CITY shall require that the language of this 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 .24 25 26 27 28 certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. (g) CERTIFICATION REGARDING POLICY PROHIBITING USE OF EXCESSIVE FORCE. In accordance with Section 519 Public Law 101-144, (the 1990 HUD Appropriations Act), the CITY certifies that: It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations, and that it has adopted and is enforcing applicable State and local laws against physically baring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. (h) The City and County agree that Community Development Block Grant funding for any activities in or in support of any cooperating City, that does not affirmatively further fair housing within its own jurisdiction, or that action to comply with certification is prohibited. COMPLIANCE WITH POLICY AND impedes the County,s its fair housing PROGRAM OBJECTIVES. Policy and program objectives as required by applicable 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~5 16 17 18 19 20 21 22 23 24 25 26 27 federal regulations or for the efficient administration of the CDBG program will be adopted by COUNTY,s Board of SuPervisors.and COUNTY and CITY will adhere to said policy and program objectives. 6. SUPPLEMENTAL AGREEMENT. For each Fiscal year during the term of this Agreement, COUNTY and CITY shall enter into a Supplemental Agreement that will have a term coinciding with a Program Year and enumerate the project(s) CITY will implement with its entitlement funds. Said Supplemental Agreement willsset forth the time schedule for completion of said project(s) and any funding sources, in addition to entitlement funds, that will be used in completing the project(s). If substantial compliance with the completion schedule, due to unforeseen or uncontrollable circumstances, cannot be met by CITY, the schedule for the project(s) may be extended. If substantial progress toward drawdown of funds is not made during the term of the Supplemental Agreement, the entitlement funds associated with the project(s) may be reprogrammed by COUNTY after appropriate notice is given CITY. COUNTY,s decision not to extend the completion schedule associated with the project(s) or to reprogram the entitlement funds associated with the project(s) will not excuse CITY from complying with terms of this Agreement. 7. DETERMINATION OF PROJEC'TS TO BE FUNDED AND DISTRIBUTION OF ENTITLEMENT FUNDS. CITY will, prior to the commencement of a Program Year, 7 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 designate those projects that it desires to implement with. its 2 entitlement funds said designation to comply with statutory and regulatory provisions governing citizen's participation. Said designation is to be reviewed by the COUNTY's Economic Development Agency to determine that the project is eligible under federal regulations for funding and consistent with both federal and COUNTY policy governing use of Community Development Block Grant (CDBG) funds. COUNTY's Board of Supervisors will, consistent with Paragraphs 3, 4, 5, 6 and 7 of this Agreement determine the distribution and disposition of all CDBG funds received by COUNTY pursuant to the Act. 8. COMMUNITY DEVELOPMENT BLOCK GRANT MANUAL. CITY warrants that those officers, employees and agents retained by it and responsible for implementing those projects funded by CDBG funds have received, reviewed and will follow the Community Development Block Grant Manual that has been prepared by COUNTY and, by this reference, said Manual is incorporated herein and made a part hereof. 9. REAL PROPERTY ACOUIRED OR PUBLIC FACILITY CONSTRUCTED WITH CDBG FUNDS. When CDBG funds are used, in whole or in part by CITY to acquire real property or to construct a public facility, CITY will comply with the National Environmental Policy Act of 1969 (42 U.S.C. SS4321, et seq.), the California Environmental Quality Act (Cal. Pub. Resources Code S~21000, et seq.), the Uniform Relocation Assistance and Real Property Acquisition Policies Act 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of 1970 (42 U.S.C. S~4630, et seq.), California Government Code Sections 7260 et seq., as those Acts may be amended from time to time and any federal or state regulations issued to implement the aforementioned laws, and the Comprehensive Housing Affordability Strategy, and the Housing Plan for the Community Development Block Grant Program adopted by COUNTY. In addition, the following is to occur: (1) Title to the real property shall vest in CITY; (2) the real property will be held by or the constructed facility will be maintained by the CITY for a minimum period of five (5) years; (3) while held by CITY, the real property or the constructed facility is to be used exclusively for the purpose for which acquisition or construction was originally' approved by COUNTy; (4) CITY shall provide timely notice to COUNTy of any action which would result in a modification or change in the use of the real property purchased or improved, in whole or in part, with CDBG funds from that planned at the time of acquisition or improvement, including disposition.. (5) Written approval from COUNTY must be secured if the property or the facility is to be put to an alternate use that is or is not consistent with federal regulations governing CDBG funds; (6) Should CITY desire during the five (5) year period to use the real property or the constructed facility for a purpose not consistent with applicable federal regulations governing CDBG 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 funds or to sell the real property or facility, then: (a) If CITY desires to retain title, it will have to reimburse either COUNTY or the federal government an amount that represents the percentage of current fair market value that is identical to the percentage of current fair market value that is identical to the percentage that CDBG funds comprised monies paid to initially acquire the property or construct the facility; or (b) if CITY sells the property or facility or is required to sell the property or facility, CITY is to reimburse either the COUNTy or the federal government an amount that represents the percentage or proceeds realized by the sale that is identical to the percentage that CDBG funds comprised monies paid to initially acquire the property or construct the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds. 10. DISPOSITION OF INCOME GENERATED BY THE EXPENDITURE OF CDBG FUNDS. CITY shall inform COUNTY of any income generated by the expenditure of CDBG funds received by CITY from COUNTY's. CITY may retain any program income so generated. Any and all program income may only be used for eligible activities in accordance with all CDBG requirements, including all requirement,s for citizen Participation. COUNTY has the responsibility for monitoring and reporting to HUD on the use of any such program income, thereby requiring appropriate record keeping and reporting by CITY as may 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 .5 16 17 18 19 20 21 22 23 ,24 25 26 27 be needed and requested by COUNTY. In the event of a change in status of CITY or the close-out of funds governed by of this Cooperation Agreement, any and all program income that is currently on hand or received subsequent to the change in status of close-out shall be paid to COUNTY. 11. TERMINATION. This Agreement may not be terminated by either CITY or COUNTY, nor may the CITY or COUNTY withdraw from this Agreement or any of the terms of this Agreement. 12. FORMER AGREEMENTS UTILIZING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS BETWEEN COUNTY AND CITY. All agreements between CITY and COUNTY,S regarding the use of CDBG funds for fiscal years 1975-76 through 1992-93 and any supplemental agreements thereunder, shall remain in full force and effect. If the language of this Agreement is in conflict or inconsistent with the terms of any prior said agreements between CITY and COUNTY, the language of this Agreement will be controlling. 13. LIABILITY. COUNTY shall assume no liability for the negligence of CITY or of any officer, employee or agent thereof, and CITY shall hold COUNTY free and harmless from any loss, damage or liability that may arise out of the performance of this Agreement. CITY shall indemnify COUNTY,S in the amount of any CITY expenditure under this Agreement which is determined by HUD to be improper, if such amount is charged against the COUNTY or 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 withheld from COUNTY'S share of funds under the Act. CITY shall assume no liability for the negligence of COUNTY or of any officer, employee or agent thereof, and COUNTY,S shall hold CITY free and harmless for any loss, damage or liability that may arise out of the performance of this Agreement. COUNTY shall indemnify CITY in the amount of any COUNTY'S expenditure under this Agreement which is determined by HUD to be improper, if such amount is charged against the CITY or withheld from CITY'S share of funds under the Act. Dated: , 1993 ATTEST: GERALD A. MALONEY Clerk of the Board By: Deputy COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors ATTEST: CITY OF BANNING By: By: ,City Clerk Chief Executive Officer, Mayor COUNTY COUNSEL CERTIFICATION The Office of the County Counsel hereby certifies that the terms and provisions of this Agreement are fully authorized under state and local law and that the Agreement provides full legal authority for the COUNTY to undertake or assist in undertaking essential community development and housing assistance activities specifically urban renewal and publicly assisted housing. WILLIAM C. KATZENSTEIN County Counsel By: Deputy 12 ITEM NO. 10 ORDINANCE NO. 93-12 AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF TEMECULA AMENDING FORTIONS OF ORDINANCE NO. 348 AND 92-16 PERTAINING TO THE REGULATION OF TEMPORARy SIGNS. THE CITY COUNCIL FOR THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council for the City of Temecula hereby finds the following: A. That the City Council is authorized by Section 65850(b) of State Planning and Zoning Law, to adopt ordinances regulating signs and billboards; B. That there is a need to improve the competitiveness of service and commercial businesses and maintain the aesthetic quality of all areas in the City; C. That there is a need to provide specific and historically appropriate temporary signage in the Old Town area; D. That regulating temporary signage is an effective method to improve the aesthetic quality of all areas in the City; E. That the overuse of temporary signs results in visual clutter, the deterioration of the City's commercial and service districts, and the inefficient use of business advertising resources; F. That the City is proceeding in a timely fashion with the preparation of the general plan and there is a reasonable probability that this Ordinance will be consistent with the general plan proposal now being considered and studied; G. That pursuant to City Ordinance 90-04, the City Council adopted by reference Riverside County Ordinance No. 348, which the Council has subsequently mended through various City Ordinances; H. The City Council adopted City Ordinance No. 92-16, amending Ordinance No. 348, on October 27, 1992; and, I. That there is a need to mend Ordinance No. 92-16 to improve the ability of the City to regulate and control temporary signs. R:XORD~\9'~-12 Section 2. Paragraph aa of Section 19.2 of Article XIX of Ordinance No. 348 is hereby amended to read as follows: 'aa. "Portable Sign" means a sign not designed to be attached to a building or structure, vehicle or trailer. Examples of portable signs include, but are not limited to: A-Frames, also known as sandwich boards, and T-Frames, also known as spring-loaded signs. ' Section 3. read as follows: Section 19.2 of Article XIX of Ordinance No. 348 is hereby amended to "dd. "Attached temporary sign' means a temporary sign which is mounted, placed, or attached only to the permanent building where the business activity is conducted. ee. "Detached temporary sign' means a temporary sign which is partially attached to a permanent building, attached to a temporary structure such as a pole or pipe, or any combination of the above. Detached temporary signs do not include portable or vehicle mounted signs. if- "A-Frame" means a portable advertising device which is commonly in the shape of an 'A', or some variation thereof, is located on the ground, is easily move.hie, and is usually two-sided.' Section 4. Subsection C of Section 19.9 of Article XIX of Ordinance No. 348 is hereby amended to read as follows: "C. Promotional Signs. Promotional signs are permitted in the C-I, C-P, C-P-S, C- T, and M-SC zones and shall comply with the appropriate requirements listed below: any combination. In any year attached and detached temporary signage may not be used in 2. All promotional signs shall be located on the site where the use or activity is located. The standards for the various types of promotional signs are as follows: requirements: Attached promotional signs shall comply with the following (1) The maximum height of the top of any attached promotional sign shall not exceed the top of the cave line or parapet wall of the building where the use or activity is located. R:'~ORII~V3-12 (2) The dimensions shall not exceed any the following: 22 feet. (a) The surface area shall not exceed fifty (50) square (3) feet. (h) The height (vertical dimension) shall not exceed three (c) The width (horizontal dimension) shall not exceed sixty percent (6055) of the business or store frontage, whichever is smaller. requirements: Detached promotional signs shall comply with the following (1) The maximum height of the top of any detached promotional sign shall not exceed six (6) feet above the ground. (2) The surface area shall not exceed thirty two (32) square feet. (3) Detached promotional signs shall be mounted to a frame. The frame shall be constructed of attractive permanent materials and shall be constructed so that not additional supports or bracing is required. (4) No detached promotional sign may be permitted, placed, erected or installed if the detached promotional sign blocks, restricts, or impairs any of the following: or activity; (a) (b) The public's view of another business or activity; The public's view of the signage for another business vehicle; or, (c) The view or visibility of the operator of any motor (d) The movement of any pedestrian or motor vehicle. c. Promotional signs that are located on window surfaces shall not exceed twenty five percent (25 %) of the non-door window area, except that no permit shall be required for promotional window signs that cover ten percent (10%) or less of the non-door window surface area. 3. The maximum duration for detached promotional signs is two thirty (30) day periods per calendar year, provided that there shall be a minimum sixty (60) day interval between any two thirty (30) day periods. The maximum duration for attached promotional signs is four thirty (30) day periods per calendar year, provided that there shall be a minimum sixty (60) day interval between any two thirty (30) day periods." R:~ORD~'8~-12 Section $. Subsection D of Section 19.9 of Article XIX of Ordinance No. 348 is hereby amended to read as follows: 'D. Grand Opening and Interim Signs. Grand opening and interim signs are permitted in the C-I, C-P, C-P-S, C-T, and M-SC zones and shall comply with the appropriate requirements listed below: 1. For each use or business activity; up to one (1) sign may be allowed. Except for a use or business activity with frontage on two or more arterial streets, then up to two (2) signs may be allowed. 2. Grand opening signs may be permitted once in the first ninety (90) days of business operation. 3. Interim signs are for interim and emergency purposes and shall contain only the business name and logo. No interim sign may be permitted unless an application for a permit to construct a permanent sign has been filed with the Department of Building and Safety. 4. All Grand opening and interim signs shall be attached to the building where the use or activity is located and shall comply with the following requirements: a. The maximum height of the top of any sign shall not exceed the top of the cave line or parapet wall of the building where the use or activity is located. requirements: b. The dimensions of any sign shall not exceed any the following feet. (1) (2) The surface area shall not exceed thirty (30) square feet. The height (vertical dimension) shall not exceed three (3) (3) The width (horizontal dimension) shall not exceed fifty percent (50%) of the business or store frontage, whidhever is smaller. c. Grand opening and interim signs may be allowed for any period up to forty-five (45) days. The Director of Planning may allow one time extension, for any period up to thirty (30) days, with good cause. It is the responsibility for the proponent of the extension to justify why the extension is appropriate." Section 6. A new Subsection E of Section 19.9 of Article XIX of Ordinance No. 348. The existing Subsection E is hereby renumbered to F. The new Section E hereby reads as follows: "E. Special Event Signs. Special event signs may be located anywhere in the City (including in Historic Old Town Temecula), should be located on the site of the special event or R:~ORDS~.93-12 ,4 activity being advertised, and shall comply with the requirements listed below: I. All special event interim signs which are located in a building or structure shall be attached to the building or structure where the use or activity is located and shall comply with the following requirements: a. The maximum height of the top of any sign shall not exceed the top of the cave line or parapet wall of the building where the use or activity is located. requirements: The dimensions of any sign shall not exceed any the following feet. (1) (2) The surface area shall not exceed thirty two (32) square feet. The height (vertical dimension) shall not exceed three (3) (3) The width (horizontal dimension) shall not exceed fifty percent (50%) of the business or store frontage, whichever is smaller. c. Special event signs may be allowed for any period up to forty-five (45) days. The Director of Planning may allow one time extension, for any period up to an additional forty-five (45) days, with good cause. It is the responsibility for the proponent of the extension to justify why the extension is appropriate. 2. All special event interim signs which are not located in buildings or structures shall be securely attached to poles or a structure on the site where the use or activity is located and shall comply with the following requirements: feet in height. The maximum height to the top of any sign shall not exceed six (6) requirements: bm The dimensions of any sign shall not exceed any the following feet. (l) (2) The surface area shall not exceed thirty two (32) square feet. The height (vertical dimension) shall not exceed three (3) feet. (3) The width (horizontal dimension) shall not exceed fifteen (15) c. Special event signs may be allowed for any period up to forty-five (45) days. The Director of Planning may allow one time extension, for any period up to an additional thirty (30) days, with good cause. It is the responsibility for the proponent of the extension to justify why the extension is appropriate. R:~ORD~9"J-12 3. Special event signs for special community-wide events, such as the Tractor Races and Wine and Balloons Festival, may be allowed additional supplemental and/or directional temporary signage at the discretion of the Director of Planning. All supplemental temporary signs should follow the criteria and standards contained in Sections 1 and 2 above. Supplemental directional signage should not exceed thirty two (32) square feet on arterial roadways and twenty four (24) square feet on minor roadways. The appropriate sizes and locations for all supplemental and/or directional temporary signs shall be determined by the Director of Planning." Section 7. Subsection D of Section 19.10 of Article XIX of Ordinance No. 348 is hereby mended to read as follows: "D. Promotional Signs in Historic Old Town Temecula. Promotional signs in Historic Old Town Temecula are permiRed in the C-l, C-P, C-P-S, and M-SC zones and shall comply with the requirements listed below: 1. In any one year, attached and window signage may be used in any combination provided that the total sign face area for all promotional signs, including attached and window promotional signs, does not exceed twelve (12) square feet. 2. Promotional signs in Historic Old Town Temecula shall be attached to the building where the use or business activity is located and shall comply with the following requirements: a. The maximum height of the top of any temporary sign shall not exceed the top of the cave line or parapet wall of the building where the use or activity is located. No promotional sign shall be erected or placed so as to interfere with normal pedestrian and vehicular traffic. b. The surface area shall not exceed twelve (12) square feet. c. Promotional signs shall be made of non-glossy material with a fabric or cloth-like appearance and shall use dull, non-primary, non-fluorescent, and non-iridescent colors. 3. The maximum duration for attached promotional signs is four thirty (30) day periods per calendar year, provided that there shall be a minimum sixty (60) day interval between any two thirty (30) day periods." Section 8. Subsection E of Section 19.10 of Article XIX of Ordinance No. 348 is hereby amended to read as follows: "E. Grand Opening and Interim Signs. Grand opening and interim signs are permitted in the C-l, C-P, C-P-S, C-T, and M-SC zones and shall comply with the appropriate requirements listed below: R:~3RD~93-12 1. For each use or business activity; up to one (1) sign may be allowed. Except for a use or business activity with frontage an two or more arterial streets, then up to two (2) signs may be allowed. 2. Grand opening signs may be permitted once in the f'trst ninety (90) days of business operation. 3. Interim signs are for interim and emergency purposes and shall contain only the business name and logo. No interim sign may be permitted unless an application for a permit to construct a permanent sign has been filed with the Department of Building and Safety. 4. All Grand opening and interim signs shall be attached to the building where the use or activity is located and shall comply with the following requirements: d. The maximum height of the top of any sign shall not exceed the top of the cave line or parapet wall of the building where the use or activity is located. requirements: The dimensions of any sign shall not exceed any the following (1) The surface area shall not exceed thirty (30) square feet. feet. (2) The height (vertical dimension) shall not exceed three (3) (3) The width (horizontal dimension) shall not exceed fifty percent (50%) of the business or store frontage, whichever is smaller. f. Grand opening and interim signs may be allowed for any period up to forty-five (45) days. The Director of Planning may allow one time extension, for any period up to thirty (30) days, with good cause. It is the responsibility. for the proponent of the extension to justify why the extension is appropriate." Section 9. CEOA Compliance The City Council finds that the regulation of temporary signs in existing commercial, industrial, and retail zones has no possibility of having a significant impact on the environment. As a result, the adoption of these regulations is exempt from environmental review pursuant to the provisions of Section 15061(b)(3)of the State CEQA Guidelines prepared pursuant to Section 21083 of the California Environmental Quality Act, as amended. . _ R:~ORD~\93-12 77 $~/93 Section 10. Effective Date This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. PASSED, APPROVED AND ADOPTED, this day, the __ day of__ ,1993. ATTEST: J. SAL MU~IOZ MAYOR 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, HEREBY DO CERTIFY that the foregoing Ordinance No.93- was duly introduced and placed upon its first reading at a regular meeting of the City Council "of the City of Temecula on the 25th day of May, 1993, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the day of ,1993, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk ITEM NO. APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT TO: FROM: City Council/City Manager City Attorney Scott F. Field DATE: June 8, 1993 SUBJECT: Development Processing Fees - Public Hearing (Continued from meeting of May 11, 1993) RECOMMENDATION: Re-open continued Public Hearing and take testimony on the issues. Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A DEVELOPMENT PROCESSING FEE STRUCTURE FOR PLANNING, ENGINEERING AND BUILDING SAFETY SERVICES AND REPEALING RESOLUTION NO. 90-81 BACKGROUND: Under State law, cities may establish development processing fees that do not exceed the cost of providing the services for processing development applications. Historically, the City followed the County Fee Schedule with few exceptions by adoption of Resolution No. 90-81 on July 24, 1990. The study conducted by Cordoba Corporation last year showed that the existing fee' schedule for user fees and charges is valid with certain modifications. The study concluded that the City is recovering 92% of the total cost of providing current planning, engineering and building and safety services· However, since the only historical data available for the study was from the period when the firm of Willdan Engineering provided these services, the study will need to be repeated in approximately eighteen (18) months when the City has completed the transition to regular full-time staffing. In the interim, based on the Cordoba study, City staff is proposing certain revisions to the existing fee schedule to correct obvious inequities. Those modifications are set forth in the proposed Fee Schedule attached to the Resolution as Exhibit "A" and are listed on Attachment 3 (attached hereto) as "List of Fee Changes." Agenda Report Development Processing Fees June 8, 1993 Page 2. ATTACHMENTS: 1. JSG Resolution adopting a development processing fee structure for Planning, Engineering and Building and Safety Services and repealing Resolution No. 90-81 List of Fee Changes. RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A DEVELOPMENT PROCESSING FEE STRUCTURE FOR PLANNING, ENGINEERING AND BUILDING SAFETY SERVICES AND REPEALING RESOLUTION NO. 90-81 WHEREAS, City Ordinance No. 90-14 provides that the City Council may adopt by resolution a schedule of fees for land use matters and related functions and may subsequen~y amend such schedule by resolution; and WHEREAS, on July 24, 1990, by Resolution No. 90.81, the City Council adopted a consolidated schedule of fees for land use matters and related functions; and WHEREAS, certain revisions to the existing fee schedule have been recommended based on the results of the "User Charges and Fees Study" dated March 11, 1992 conducted for the City of Temecula by Cordoba Corporation; and WHEREAS, a noticed public hearing has been held by the City Council at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the revised schedule of fees which is identified below; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City of Temecula hereby adopts Exhibit "A" attached hereto as its Fee Schedule for Planning, Engineering and Building and Safety Services. Section 2. Resolution No. 90-81 is hereby repealed. Section 3. The City Clerk shall certify to the adoption of this Resolution and shall cause the same to be posted as required by law. Resos 309 PASSED, APPROVED AND ADOPTED, this May, 1993. ATTEST: J. Sa Mufioz, Mayor June S. Greek, City Clerk 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 Resolution No. 93- was duly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the day of May, 1993, by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Resos 309 ~ FEE S CHED ULE Adopted 43174 Business Park Drive Temecula, CA 92590 (909) 694-6400 CITY OF TEMECULA 'S ALPHA INDEX FOR THE FEE SCHEDULE Administrative Plot Plan Air Quality Element Fee Page ........................................ 22 ........................................ 41 All other Applications (Initial Study Negative Declaration) ................... 52 Alternative and experimental Sewage Disposal Systems including on-site evaluation plan review ..................................... 49 Amendment of Permit (change in number of hogs at permittee's option) .......... 31 Amendment of Permit (increase in maximum allowable number of hogs) .......... 31 Annexation Fees ............................................. 58 Appeal (Extension of Time) ...................................... 37 Appeal of Planning Commission Decision ............................. 46 Appeal to City Council Appeal to Planning Commission ................................... 53 Appeals .................................................. 48 Appeals (subdivision) .......................................... 37 Appeals to Planning Commission, City Council .......................... 22 Application for a permit to remove one or more native living trees .............. 47 Application for an Appeal or Variance ............................... 32 Application involving land which lies within the boundaries of the maps ........... 32 Applications for Commercial Wind Energy Conservation System Permits (Commercial Wind Energy Conversion System Permits) ..................... 52 Applications for Grading Permits ................................... 52 Applications for Tree Removal .................................... 52 R.'XSIPI..4NNINGXI. ANDFEES. NEW 2 Reined June 1, 1993 v, gw Page Applications involving land which lies within the boundaries of the maps .......... 32 Archival Research Fee for Planning Information ......................... 57 Certificate of Historic Appropriateness ............................... 48 Certificate of Land Division Compliance (fee per parcel) .................... 37 Certificate of Land Division Compliance with waiver of Final Parcel Map (fee per parcel) .............................................. 37 Certificate of Zoning Compliance and Plot Plans which require field inspection by Land Use Divisions ......................................... 25 Change of Zone ............................................. 22 Checking Services .......................................... 18-19 Conditional Use Permit ......................................... 22 Conditional Use Permit (Minor) ................................... 22 Conditional Use Permit (Mobile Home Park) ........................... 23 Conditional Use Permit (Recreational Vehicle Park) ....................... 23 Construction Observation ....................................... 20 Day Care Home (Large Family) ................................... 28 Development Agreement ........................................ 58 Disestablished or Diminishment of an Agricultural Preserve (City Council initiated) .... 55 Disestablished or Enlargement of an Agricultural Pieserve (application initiated) ...... 55 Environmental Impact Report (EIR) ................................. 54 Establishment or enlargement of an Agricultural Preserve (City Council initiated) ..... 55 Establishment or enlargement of an Agriculture Preserve (Applicant Initiated) ....... 55 Execution of a Land Conservation contract for land within and Established Agricultural Preserve (City Council Initiated) 55 Extension of Time (Subdivision) ................................... 38 Extension of Time - (Conditional Use Permit) ........................... 23 R:L$1PLANN1NGILANDFF. E.$.NEW 3 Revised June 1, 1993 vgw Page Extension of Time - (Parcel Maps) .................................. 38 Extension of Time - (Plot Plans) ................................... 23 Extension of Time o (Public Use Permits) ............................. 23 Extension of Time - (Variances) Extension of Time (Parcel Map) ................................... 24 ................................... 38 Fault Hazard Report Review (CEQA) ................................ 53 Filing a Corner Record ......................................... 51 Filing a Record of Survey ....................................... 51 Filing Fees for Expired Recordable Subdivision Maps .................... 40-41 Filing of a Geologic Report for Approval ............................. 45 Final Statutory Condominium Map .................................. 41 Final Subdivision Map Filing ..................................... 41 Fire Safety Inspections (licensed care) ................................ 42 For each Parcel not in the same Land Division, larger that 10,000 sq. ft. in size, not in an identifies crucial area and where no site evaluation is required (subsurface disposal system) ...................................... 49 For Multiple Parcels within the same Land Division (subsurface disposal systems) .... 49 General Plan Amendment (Circulation) ............................... 24 General Plan Amendment Filed with a Specific Plafi ....................... 24 General Plan Amendment Filed without a Specific Plan ..................... 24 Geologic Waiver ............................................. 53 Hazardous Waste Facility Siting Permit ............................... 28 Holding Tank Approval ........................................ 50 If pursuant to Section 706 of the rules for the City of Temecula implementing the California Environmental Quality Act, a previously prepared EIR is utilized as the draft EIR ................................................. 53 R.'XSIPL.4NNING~L.4NDFF2S.~ 4 Revised June 1, 1993 vgw Page If the Project Sponsor prepared the draft EIR ........................... 53 Inspection Fee .............................................. 31 Kennels (Consistency Determination) Ordinance No. 348 ................... 30 Kennels and Catteries which are processed under Section 18.45 ................ 28 Land Division Unit map Filing (Phasing) .............................. 38 Landscaping Plans ............................................ 59 Late Fee .................................................. 31 Liquefaction Report ........................................... 53 Lot Line Adjustment ........................................... 38 Lot Revision After Checking ..................................... 39 Major Outdoor Event .......................................... 29 Merger of Contiguous Parcels ..................................... 39 Minor Change (Parcel Map) ...................................... 38 Minor Change (Subdivision) ........................ ~ ............. 38 Minor Temporary Outdoor Event which is exempt from the California Environmental Quality Act (CEQA) .......................................... 29 Minor Temporary Outdoor Event which is not exempt from the California Environmental Quality Act (CEQA) ................................. 29 New Permit Application Fee ..................................... 31 Notice of Non-Renewal ........................................ 55 Parcel Maps ............................................... 40 Permits ................................................ 20-21 Plan Checks and Inspections - Fire .................................. 42 Plot Plans for projects which are exempt from the California Environmental Quality Act (CEQA) and are not reviewed by any Governmental Agencies other that the Planning Department ..................................... 25 R:~SIPLANNIblG~tN'DFEES. blEW 5 Revised June l, 1993 vgw Page Plot Plans for projects which are exempt from the California Environmental Quality Act (CEQA), are under 10,000 square feet but are required to be transmitted by the Planning Department to other Governmental Agencies for review ................................................... 25 Plot Plans which are not exempt from the California Environmental Quality Act (CEQA) (projects under 10,000 square feet) ......................... 25 Plot Plans which are not exempt from the California Environmental Quality Act (CEQA) (projects over 10,000 square feet) .................................. 25 Preliminary Elective Evaluation of Sewage Disposal requirements prior to application to Planning Department (includes evaluation of method of water supply) ............................................... 50 Projects Continued at Public Hearing ................................ 59 Public Hearing Fees ........................................... 58 Public Use Permit ............................................ 26 Public Use Permit (Minor) ....................................... 26 Reclamation Plans submitted for vested operation conducted after 1/1/76 .......... 46 Refund of Fees .............................................. 30 Refund of Fees of Ordinance No. 460 ................................ 41 Regularly Scheduled Event which has not been held before and is exempt from the California Environmental Quality Act (CEQA) .......................... 29 Regularly Scheduled Event which has not been held before and is not exempt from the California Environmental Quality Act (CEQA) . .. ........................ 29 Regularly Scheduled Event which is preexisting and exempt from the California Environmental Quality Act (CEQA) ................................. 29 Request for Extension of Time to Complete off-site improvements .............. 39 Research Fee for Historic Verification Research Fee for Planning Information ............................... 57 ............................... 57 Reversion to Acreage .......................................... 39 Revised Parcel Map Filing (commercial and industrial parcel maps after two years of original approval ........................................... 35 R: ISIPI"4N~NGILANDr'~r"F~' NEW 6 Revised June l, 1995 vgw Page Revised Parcel Map Filing (residential, commercial and industrial parcel maps; within two years of original approval) ................................ 35 Revised Permit .............................................. 46 Revised Permits which do not require a Public Hearing ..................... 24 Revised Permits which require a Public Hearing ......................... 24 Revised Residential Parcel Map (after two years of original approval) ............ 35 Revised Statutory Condominium Subdivision Map Filing (after two years of original approval) ............................................. 33 Revised Statutory Condominium Subdivision Map Filing (within two years of original approval) ............................................ 33 Revised Tentative Subdivision Map (aftei' two years of original approval) .......... 36 Revised Tentative Subdivision Map (within two years of original approval) ......... 36 Second Unit ............................................... 26 Setback Adjustment ........................................... 26 Sewer Verification where readily retrievable data is not available (i.e. subdivision or parcel map files) includes FHA/VA approval forms for systems less that 1 year ...... 50 Site Evaluation and Sewage Disposal Plan Review for individual lots less than 10,000 sq. ft. in size and located outside critical sub-surface Sewage Disposal areas . . . 49 Site Evaluation in conjunction with Sewage Disposal Plan Review in critical sub-surface Sewage Disposal areas as determined by the health officer ............ 49 Site Evaluation upon request by applicant or his agdnt, to establish preliminary conditions of approval or verify site conditions Special Districts Administration ................................... 21 Special Inspection Permit ....................................... 47 Special Service Letter .......................................... 39 Specific Plan of Land Use ....................................... 26 Specific Plan - Road Specific Plan ................................. 26 R.'XSIPLANNINGLLANDFEE&NEW 7 Revised June l, 199.3 vgw Page Statutory Condominium Subdivision and Single-Family Residential Tracts and Parcel Maps ............................................... 39 Street Name Approval after prior approval (all schedules) ................... 39 Street Names Substantial Conformance ........................................ 46 Substantial Conformance for Commercial and Accessory Wind Energy Conversion System Permits .................................................. 29 Substantial Conformante for permits under Section 18.43 of Ordinance No. 348 ...... 26 Substantial Conformance for Specific Plans ............................ 27 Subsurface Sewage Disposal Plan re-review where a second review is needed due to modifications, additions, or deletibns to a previously approved design ........ 49 Surface Mining Permit ............................ · ............. 46 Temporary Sign Permit ......................................... 27 Temporary Use Permit not to exceed six months ......................... 27 Tentative Commercial or Industrial Parcel Map sewers) .................... 34 Tentative Residential Parcel Map with Waiver of Final Map .................. 34 Tentative Residential Parcel Map without Waiver of Final Map ................ 34 Tentative Statutory Condominium Subdivision Map Filing (sewers) .............. 33 Tentative Statutory Condominium Subdivision Map .Filing (sub-surface disposal ...... 33 Tentative Subdivision Map in the R-2 or R-4 zone ........................ 36 Tentative Subdivision Map not in the R-2 or R-4 zone (sewers) ................ 35 Tentative Subdivision Map not in the R-2 or R-4 zone (sub-surface disposal) ........ 36 Vacation of Public Streets, Highways Code Section 8300, ET. SEQ .............. 56 Variance filed simultaneously with an application for a Land Division, Conditional Use Permit, or Plot Plan ................................ 27 Variance Filed Alone .......................................... 27 R:ISIPI'ANI~hrGILd'NDFE'F'S'NEW 8 Revised June 1, 199.~ vgw Page Vesting Statutory Condominium Subdivision Map Filing .................... 37 Vesting Tentative Parcel Map ..................................... 37 Vesting Tentative Single-Family Residential Tract ........................ 37 Waiver of Geologic Report ...................................... 45 Wind Energy Conversion System (Accessory) exempt from the California Environmental Quality Act (CEQA) ............................................... 28 Wind Energy Conversion System (Accessory) not exempt from the California Environmental Quality Act (CEQA) .......................................... 28 Wind Energy Conversion System (Commercial) Permit ..................... 28 Wind Energy Conversion System Noise Study ........................... 28 Zoning Information Letter ....................................... 28 R:ISIPLAArNINGtI. AIV'DFEE, S. NEW 9 Revised June l, 1993 vgw CITY OF TEMECULA 'S ALPHA INDEX BY ORDINANCE Page Checking Services ................................... , ....... 18-19 Construction Observation ....................................... 20 Permits ................................................ 20-21 Special Districts Administration ................................... 21 ORDINANCE NO. 348 Administrative Plot Plan ........................................ 22 Appeals to Planning Commission, City Council .......................... 22 Certificate of Zoning Compliance and Plot Plans which require field inspection by Land Use Divisions ......................................... 25 Change of Zone ............................................. 22 Conditional Use Permit ......................................... 22 Conditional Use Permit (Minor) ................................... 22 Conditional Use Permit (Mobile Home Park) ........................... 23 Conditional Use Permit (Recreational Vehicle Park) ....................... 23 Day Care Home (Large Family) ................................... 28 Extension of Time - (Conditional Use Permit) ........................... 23 Extension of Time - (Plot Plans) ................................... 23 Extension of Time - (Public Use Permits) ............................. 23 Extension of Time - (Variances) ................................... 24 General Plan Amendment Filed with a Specific Plan ....................... 24 General Plan Amendment Filed without a Specific Plan ..................... 24 General Plan Amendment - (Circulation) .............................. 24 R.'LS~PLANNINGLLANDFEES. NEW 10 Revised June 1, 1993 vgw Hazardous Waste Facility Siting Permit Page ............................... 28 Kennels and Catteries which are processed under Section 18.45 ................ 28 Kennels (Consistency Determination) Ordinance No. 348 ................... 30 Major Outdoor Event .......................................... 29 Minor Temporary Outdoor Event which is exempt from the California Environmental Quality Act (CEQA) .......................................... 29 Minor Temporary Outdoor Event which is not exempt from the California Environmental Quality Act (CEQA) ................................. 29 Plot Plans for projects which are exempt from the California Environmental Quality Act (CEQA) and are not reviewed by any Governmental Agencies other that the Planning Department ..................................... 25 Plot Plans for projects which are exempt from the California Environmental Quality Act (CEQA), are under 10,000 square feet but are required to be transmitted by the Planning Department to other Governmental Agencies for review ................................................... 25 Plot Plans which are not exempt from the California Environmental Quality Act (CEQA) (projects under 10,000 square feet) ......................... 25 Plot Plans which are not exempt from the California Environmental Quality Act (CEQA) (projects over 10,000 square feet) .................................. 25 Public Use Permit ............................................ 26 Public Use Permit (Minor) ..................... 26 Refund of Fees ...................... - ........................ 30 Regularly Scheduled Event which is preexisting and exempt from the California Environmental Quality Act (CEQA) ................................. 29 Regularly Scheduled Event which has not been held before and is exempt from the California Environmental Quality Act (CEQA) .......................... 29 Regularly Scheduled Event which has not been held before and is not exempt from the California Environmental Quality Act (CEQA) .......................... 29 Revised Permits which do not require a Public Hearing ..................... 24 Revised Permits which require a Public Hearing ......................... 24 R.'~SIPLANNINGILANDFEES. JVEW II Revised June 1, 1993 vgw Page Second Unit ............................................... 26 Setback Adjustment ........................................... 26 Specific Plan of l_and Use ....................................... 26 Specific Plan - Road Specific Plan ................................. 26 Substantial Conformance for permits under Section 18.43 of Ordinance No. 348 ...... 26 Substantial Conformante for Specific Plans ............................ 27 Substantial Conformance for Commercial and Accessory Wind Energy Conversion System Permits .................................................. 29 Temporary Use Permit not to exceed six months ......................... 27 Temporary Sign Permit ......................................... 27 Variance filed simultaneously with an application for a Land Division, Conditional Use Permit, or Plot Plan ........................................ 27 Variance Filed Alone .......................................... 27 Wind Energy Conversion System (Accessory) exempt from the California Environmental Quality Act (CEQA) ............................................... 28 Wind Energy Conversion System (Accessory) not exempt from the California Environmental Quality Act (CEQA) .......................................... 28 Wind Energy Conversion System (Commercial) Permit ..................... 28 Wind Energy Conversion System Noise Study ........................... 28 Zoning Information Letter ....................................... 28 ORDINANCE NO. 431 Amendment of Permit (change in number of hogs at permittee's option) .......... 31 Amendment of Permit (increase in maximum allowable number of hogs) .......... 31 Inspection Fee .............................................. 3i Late Fee .................................................. 31 New Permit Application Fee ........ , ............................ 31 R:LSXPLANNINGll.4NDFEES. NEW 12 Revised June 1, 1993 vgw Page ORDINANCE NO. 458 Application involving land which lies within the boundaries of the maps ........... 32 Applications involving land which lies within the boundaries of the maps .......... 32 Application for an Appeal or Variance ............................... 32 ORDINANCE NO. 460 Multi-Family Residential Tracts Revised Statutory Condominium Subdivision Map Filing (within two years of original approval) .......................................... 33 Revised Statutory Condominium Subdivision Map Filing (after two years of original approval) .......................................... 33 Tentative Statutory Condominium Subdivision Map Filing (sewers) .............. 33 Tentative Statutory Condominium Subdivision Map Filing (sub-surface disposal ...... 33 Parcel Maps Revised Parcel Map Filing (residential, commercial and industrial parcel maps; within two years of original approval) ................................ 35 Revised Parcel Map Filing (commercial and industrial parcel maps after two years of original approval ........................................... 35 Revised Residential Parcel Map (after two years of original approval) ............ 35 Tentative Commercial or Industrial Parcel Map (sewers) .................... 34 Tentative Residential Parcel Map with Waiver of Fihal Map .................. 34 Tentative Residential Parcel Map without Waiver of Final Map ................ 34 Single-Family Residential Tracts Revised Tentative Subdivision Map (within two years of original approval) ......... 36 Revised Tentative Subdivision Map (after two years of original approval) .......... 36 Tentative Subdivision Map not in the R-2 or R-4 zone (sewers) ................ 35 Tentative Subdivision map in the R-2 or R-4 R-6 zone ..................... 36 R:ISIPI.-4N'NINCIIL,4NDFEF_~.NEW 13 Revi~ed June l, 1993 vgw Page Tentative Subdivision Map not in the R-2 or R-4 zone (sub-surface disposal) ........ 36 Vesting Tentative Map Appeals (subdivision) .......................................... 37 Appeal (Extension of Time) ...................................... 37 Certificate of Land Division Compliance (fee per parcel) .................... 37 Certificate of Land Division Compliance with waiver of Final Parcel Map (fee per parcel) .............................................. 37 Extension of Time (Subdivision) Extension of Time (Parcel Map) ................................... 38 ................................... 38 Land Division Unit map Filing (Phasing) .............................. 38 Lot Line Adjustment .......................................... 38 Minor Change (Subdivision) ...................................... 38 Minor Change (Parcel Map) ...................................... 38 Merger of Contiguous Parcels ..................................... 39 Reversion to Acreage .......................................... 39 Special Service Letter .......................................... 39 Vesting Statutory Condominium Subdivision Map Filing .................... 37 Vesting Tentative Parcel Map ............. . ........................ 37 Vesting Tentative Single-Family Residential Tract ........................ 37 Amendment of Final Map Air Quality Element Fee ........................................ 41 Filing Fees for Expired Recordable Subdivision Maps .................... 40-41 Final Subdivision Map Filing ..................................... 40 Final Statutory Condominium Map .................................. 41 Lot Revision After Checking ..................................... 39 R:~SIPLANNINGII..dNDFEE$.NEW 14 R~ed June 1, 1993 vgw Page Refund of Fees of Ordinance No. 460 ................................ 41 Request for Extension of Time to Complete off-site improvements .............. 39 Statutory Condominium Subdivision and Single-Family Residential Tracts and Parcel Maps ............................................... 39 Street Name Approval after prior approval (all schedules) ................... 39 ORDINANCE NO, oe46 Fire Safety Inspections (licensed care) ................................ 42 Plan Checks and Inspections - Fire ................................ 43-42 Fire Safety Insurance (Commercial/Industrial) ......................... 44-45 ORDINANCE NO, ot47 Filing of a Geologic Report for Approval ............................. 45 Waiver of Geologic Report ...................................... 45 ORDINANCE NO, oe,qoe Appeal of Planning Commission Decision Reclamation Plans submitted for vested operation conducted after 1/1/76 .......... 46 Revised Permit Special Inspection Permit ....................................... 46 Substantial Conformance ............... · - ........................ 46 Surface Mining Permit ......................................... 46' ORDINANCE NO, oc5'9 Application for a permit to remove one or more native living trees .............. 47 ORDINANCE NO, oe78 Appeals .................................................. 48 Certificate of Historic Appropriateness ............................... 48 R.'ISIPLANN1NGLI..4NDFF_.ES. NEW 15 Ret.'ised June l, 1993 vlw Page ORDINANCE NO. 650 Holding Tank Approval ........................................ 50 For each Parcel not in the same Land Division, larger that 10,000 sq. ft. in size, not in an identifies crucial area and where no site evaluation is required (subsurface disposal system) ...................................... 49 For Multiple Parcels within the same Land Division (subsurface disposal systems) .... 49 Subsurface Sewage Disposal Plan re-review where a second review is needed due to modifications, additions, or deletions to a previously approved design ........ 49 Preliminary Elective Evaluation of Sewage Disposal requirements prior to application to Planning Department (includes evaluation of method of water supply) . . . 50 Alternative and experimental Sewage Disposal Systems including on-site evaluation plan review ................................................ 49 Sewer Verification where readily retrievable data is not available (i.e. subdivision or parcel map files) includes FHA/VA approval forms for systems less that 1 year ...... 50 Site Evaluation and Sewage Disposal Plan Review for individual lots less than 10,000 sq. ft. in size and located outside critical sub-surface Sewage Disposal areas . . . 49 Site Evaluation in conjunction with Sewage Disposal Plan Review in critical sub-surface Sewage Disposal areas as determined by the health officer ................... 49 Site Evaluation upon request by applicant or his agent, to establish preliminary conditions of approval or verify site conditions .......................... 51 ORDINANCE NO. 653 Environmental Impact Report (EIR) ......... . ........................ 54 Filing a Record of Survey . ....................................... 51 Filing a Corner Record ......................................... 51 Establishment or enlargement of an Agriculture Preserve (Applicant Initiated) ....... 55 Establishment or enlargement of an Agricultural Preserve (City Council initiated) ..... 56 Execution of a Land Conservation contract for land within and Established Agricultural Preserve (City Council Initiated) ................................... 55 Disestablished or Enlargement of an Agricultural Preserve (application initiated) ...... 55 R.'ISIPLANNINGLLANDFE~.NEW 16 Revia'ed June l, 1993 vgw Page Disestablished or Diminishment of an Agricultural Preserve (City Council initiated) .... 55 Annexation Fees ............................................. 58 Appeal to Planning Commission ................................... 53 Appeal to City Council ......................................... 54 Applications for Grading Permits ................................... 52 Applications for Commercial Wind Energy Conservation System Permits (Commercial Wind Energy Conversion System Permits) ..................... 52 Applications for Tree Removal .................................... 52 All other Applications (Initial Study Negative Declaration) ................... 52 Development Agreement ........................................ 58 If the Project Sponsor prepared the draft EIR ........................... 53 If pursuant to Section 706 of the rules for the City of Temecula implementing the California Environmental Quality Act, a previously prepared EIR is utilized as the draft EIR ............................................... 53 Fault Hazard Report Review (CEQA) ................................ 53 Geologic Waiver ............................................. 53 Landscaping Plans ............................................ 59 Liquefaction Report ........................................... 53 Notice of Non-Renewal ................ . ........................ 55 Projects Continued at Public Hearing ................................ 58 Public Hearing Fees ........................................... 58 Archival Research Fee for Planning Information ......................... 57 Research Fee for Planning Information ............................... 57 Research Fee for Historic Verification ............................... 57 Street Names ............................................... 56 Vacation of Public Streets, Highways Code Section 8300, ET. SEQ .............. 56 R.'IS~PI-..,4NNING~..ANDFF_~.NEW 17 Revised June l, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE SECTION 1 The following fees shall be paid to the Public Works Department of the City of Temecula who shall make disbursements to the proper funds and accounts. 1. CHECKING SERVICES A. LEGAL DOCUMENTS 2. 3. 4. 5. 6. 7. 8. Certificate of Correction ................................... $600 Certificate of Compliance ................................... 600 Certificate of Parcel Merger Summary Vacation ................................. 600 ............................... 920 Document Clearance and Processing ......... ' ....... 200 Condemnation (deposit) Full General Vacation ................................... 2,000 .................................... 4,155 Public Dedications (not related to Map) .......................... 920 FINAL MAP CHECKING Co Parcel Map Except Schedule E a. Planning Department ..........................54 + $1.00/lot b. Public Works .............................750 + $20.00/1ot c. Monument Review ................... 5% of mon. bond/S250 rain d. Comprehensive Transportation Plan ......................... 4 Tract Maps and Schedule E Parcel Maps a. Planning .................................101 + $1.00/lot b. Public Works ...............................750 + $20/1ot c. Monument Review ................... 5 % of mon. bond/S250 rain d. Comprehensive Transportation Plan ......................... 8 3. Amended Maps (Parcel and Tract) ..................... (per sheet) 200 4. Fourth and subsequent submittal ....................... (per sheet) 100 3. 4. 5. FEMA Study Review a. CLOMR b. LOMR ........................................ 5,000 c. LOMA ......................................... 1,000 Drainage up to 150 ac trib area .............................. 1,200 Drainage over 150 ac trib area ............... ::::::::::::::::::::::::::::::::::::: Transportation Demand Management Study ........................ 250 R:ISiPLANNINGLLANDFEE$.NEW 18 Revised June l, 1993 yew CITY OF TEMECULA 'S FEE SCHEDULE FEES D, PLAN CHECKING The initial submittal of improvement plans and f'mal maps for Public Works Department review shall be accompanied by the design engineer's opinion of construction security cost estimate (based upon City of Temecula Public Works Department Construction Security Worksheet) and full payment of land development checking fees as specified herein. The Public Works Department shall approve the final construction cost estimate and establish the final plan check fee. Should the initially submitted plan checking fees be determined to be inadequate, the balance due shall be paid prior to the approval of any maps or plans. 1. Improvement Plans Onsite - Fees shown in percent of final construction cost estimate 4% of 1st $20,000 3.5% of next 80,000 3.25% over 100,000 Offsite - Fees shown' in percent of final construction cost estimate 4% of 1st 20,000 3.5% of next 80,000 3.25% over 100,00 Revisions - Fee shown or as directed by the City Engineer 200/sheet Grading Plans a, One lot residential (0-500 cy) 300 (over 500 cy) 500 b, Plot Plans, Conditional Use Permits, Public Use Permits (0-5,000 cy) 500 (5,001-100,000 cy) 750 (+ $50 for each additional 10,000 cy over 100,000 cy) 1,000 C, Stockpile (0-5,000 cy) 300 (5,001-100,000 cy) 400 (over 100,000 cy) 500 Subdivisions a, Rough Grading Plan (0-5,000 cy) 500 (5,001-100,000 cy) 750 (+ $50 for each additional 10,000 cy over 100,000) 1,000 Precise Grading Plan (up to 50 lots) 5/1ot (+ $4/1ot, 51-100 lots) 250 (+ $3/1ot over 100 lots) 450 Plan Revision, fee shown or as directed by the Public Works Department 200/sheet R"~S~PLANNING~rDFFI:~-NEW 19 Revised June l, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE CONSTRUCTION OBSERVATION Fees for Construction Observation shall be paid prior to the issuance of the permit A. IMPROVEMENTS B, , ROUGH GRADING PERMITS Offsite and onsite parking lots - fees shown in percent of final construction cost estimate 4% of 1st $20,000 3.5% of next 80,000 3.25% of mount over 100,000 Overtime cost plus 10% (0-500 cy) 350 (501-10,000 cy) 500 (10,001-100,000 cy) 1,000 (over 100,000 cy) 1,300 + 50/10,000 over 100,001 cy A, B, CONSTRUCTION - each fee listed herein includes a $25 issuance fee 1. Concrete Sidewalk ........................... 75 + 0.05/If over 100' 2. Pedestrian Bench ......................................... 3. Bus Stop Area (final construction cost estimate) ................ 25 + 5 % 4. Drainage Structure ............................... 25 + 500/each 5. Bridge (final construction cost estimate) 6. Parkway Drain ...................... 25 + 5% 7. Concrete Gutter ........................................... 65 ................................... 75 + 0.15/If 8. Street Light (final construction cost estimate) ................... 25 + 5% 9. Commercial Driveway ..................................... 100 10. Residential Driveway 11. Curb/Curb and Gutter ....................................... 75 75 + 0.15/If 12. Excavation/Street Crossi'ni ......... ' .................... 1/lf (125 rain) 13. Excavation/Parall el ........................... .............................. 0.25/1f (125 min) OTHER PERMITS - each fee listed herein includes a $25 issuance fee 2. 3. 4. , Block Party ............................................. 25 Movie Filming .................................... 25 + 50/day Tree Trimming ................................... 25 + 50/each Utility Company a. Blanket Permit 1 .......................... 25/month + 10/cut b. Blanket Permit 2 .......................... 100/year + 20/cut c. Minor/Major Construction Project ..................... 100/sheet (or as determined by the Department of Public Works) Service Cuts .............................. 25 + 1/If of excavation R.'LS~PLANNING~L4NDFEFj. NEW 20 Revised June 1, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE C, 8. 9. 10. 11. 12. 13. FEES Main Line ..... 25 + 1/If of excavation (or as determined by the Department of Public Works) USA Service No Fee Street Closures ................................. $25 + 50/cal day Pedestrian Protection ...................................... 125 Blockwall (incl. retaining) Final construction cost estimate ........... 25 + 5 70 Miscellaneous Construction ..... 5 + amt.determined by Public Works Department Transportation Permits, oversized or overweight vehicles a. Annual Permit ...................................... 60 b. Single Trip Permit ................................... 25 Any Permit issuance where inspection fees are paid under previous sections ..... 25 SPECIAL DISTRICTS ADMINISTRATION Land and Assessment Division Applications with Amended Assessment Diagram ..................... 375 + 15/parcel Land and Assessment Division Applications without Amended Assessment Diagrams ....................... 575 + 15/parcel Special Districts Formation/Application .............. 170 of bond issue cost (2,000 initial cost) R.'~SiPLANNINGILANDFEES. NEW 21 Revised June 1. 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE SECTION 2 The fees for Ordinance No. 348, relating to land use shall be as follows: The following fees shall be paid to the Planning Department of the City of Temecula who shall make disbursement to the appropriate funds and accounts: 1. ADMINISTRATIVE PLOT PLAN , , A. Planning .................................................. $176 B. Public Works 1. Comprehensive Transportation Plan .............................. 14 APPEALS TO PLANNING COMMISSION, CITY COUNCIL Planning .................................................. 325 Fire (if conditions are appealed) .................................... 215 Public Works (if conditions are appealed) .............................. 435 1. Comprehensive Transportation Plan .............................. 26 CHANGE OF ZONE , A, B. C. D. Planning .......... Environmental Health ........................................2,746 Fire ............ [~[~[~[[~[[[[~[~[~[5~[[~~. 63 Public Works ................................................336 1. Traffic Study, if required 300 ................................... 780 2. Comprehensive Transportation Plan ............................. 220 CONDITIONAL USE PERMIT , B. C. D. E. Planning .................................................. Environmental Health .3,815 BFiuri; ......................................... 102 ...................................................... 531 ding and Safety .................. ' ........................... 30 Public Works .................................... 1,086 + $5/1ot or site 1. Traffic Study, if required ' ................................... 780 2. Comprehensive Transportation Plan ............................. 305 CONDITIONAL USE PERMIT (MINOR) A, C, Planning .................................................. Public Works ................................................ $590 1. Comprehensive Transportation Plan 155 Environmental Health .............................. 47 Fire ........................................... 57 ....................................................... 96' R:ISIPLANNINGbLANDFEEXNEW 22 Revised June l, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE , 10. CONDITIONAL USE PERMIT (MOBILE HOME PARK) A. B. C. D. FEES Planning ........................ Environmental Health ......................... $3,533 ~ ........... '; ..... ; .................................. 102 531 i~ wo~k~ ....:' :-:::::. :::::::::::::::::::::::: ~ :,' ~/io; g~ .i,~ 1. Traffic Study, if required ' ' ' ' ................................... 780 2. Comprehensive Transportation Plan ............................. 283 CONDITIONAL USE PERMIT (RECREATIONAL VEHICLE PARK) B. C. D. E. Planning .................................................. 3,190 Environmental Health Fire ............:::::::::::::::::::::::::::::::::::::::::: lo2 l~u%lll~c531 Works ......:. i'~6 ~' ~/io; ~,r si,e 1. Traffic Study, if required ....... ' .................................. 780 2. Comprehensive Transportation Plan ............................ 255 EXTENSION OF TIME - CONDITIONAL USE PERMITS A, B. C. D. Planning ............. Environmental Health ...................................... 352 113 Public Works ................................................ 225 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan .............................. 28 EXTENSION OF TIME - PLOT PLANS A, B. C. D. Planning ................................................... 352 Environmental Health ........................ . ................... 69 Fire ...................................................... 113 Public Works ................................................ 225 1. Traffic Study, if required ' ................................... 780 2. Comprehensive Transportation Plan .............................. 28 EXTENSION OF TIME - PUBLIC USE PERMITS A, B. C. D. Planning ................................................... Environmental Health 307 Fire .......... ' .......................................... 69 ............................................ 113 Public Works ................................................225. 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan .............................. 25 R.'IS~PLANNING~L4NDFFANEW 23 Revistd June 1, 1~3 vgw CITY OF TEMECULA 'S FEE SCHEDULE 12. 13. 14. 15. 16. EXTENSION OF TIME - VARIANCES FEES A. Planning .................................................. B. Environmental Health $261 D. Public Works 113 1. Comprehensive Transportation Plan .............................. 21 GENERAL PLAN AMENDMENT FILED WITH A SPECIFIC PLAN A. Planning .................................................. B. Environmental Health 4, 128 D. Parks ..................................................... 366 E. Public Works ........................................... 355 ..... 368 1. Comprehensive Transportation Plan ............................. 330 GENERAL PLAN AMENDMENT FILED WITHOUT A SPECIFIC PLAN A. Planning .......................................... 4,249 + $38/acre B. Environmental Health D. Parks ..................................................... 366 E. Public Works ................................................ 355 368 1. Comprehensive Transportation Plan ............................. 340 GENERAL PLAN AMENDMENT - Circulation A. Public Works ............................................... 3,906 REVISED PERMITS WHICH DO NOT REQUIRE A PUBLIC HEARING A. Planning ................................................... 273 B. Fire ....................................................... 96 C. Public Works ...................... ' .......................... 105 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan .............................. 22 REVISED PERMITS WHICH REQUIRE A PUBLIC HEARING Planning ........................... Fire .................. Public Works ................................................ 94 1. Traffic Study, if required 155 ................................... 780 2. Comprehensive Transportation Plan .............................. 47 A, R.'~SIPLANNING~,,4NDFEES. NEW 24 Revised June l, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE 17. 18. 19. 20. CERTIHCATE OF ZONING COMPLIANCE AND PLOT PLANS WHICH REQUIRE HELD INSPECTION BY LAND USE DIVISIONS A. Planning .................................................. $253 B. Director's Hearing for Outdoor Advertising per application (additional charge) ....... 262 C. Building and Safety D. Public Works ............................................. 30 1. Comprehensive Transportation Plan .............................. 20 2. (additional charge for Outdoor Advertising per application for a Director's Hearing per application) ........................... 21 PLOT PLANS FOR PROJECTS WHICH ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), ARE UNDER 10,000 SQUARE FEET BUT ARE REQUIRED TO BE TRANSMITtED BY THE PLANNING DEPARTMENT TO OTHER GOVERNMENTAL AGENCIES FOR REVIEW A. Planning ............. B. Environmental Health ...................................... 548 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan .............................. 44 PLOT PLANS FOR PROJECTS WHICH ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND ARE NOT REVIEWED BY ANY GOVERNMENTAL AGENCIES OTHER THAT THE PLANNING DEPARTMENT A. Planning ................................................... 176 B. Public Works I. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan .............................. 14 PLOT PLANS WHICH ARE NOT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (PROJECTS UNDER 10,00.0 SQUARE FEET) Planning ........................................... . ...... Environmental Health 1,483 Fire .......................................... 117 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ............................. 119 B. C. D. R.'XSIPL.,iNNINGLr..4NDrT_F~.NEW 25 Revised June 1, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE 22. 23. 24. 25. 26. FEE___ S PLOT PLANS WHICH ARE NOT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (PROJECTS OVER 10,000 SQUARE FEET) A. Planning .................................................$3,815 B. Environmental Health c. ............ ::::::::::::::::::::::::::::::::::::::::::7 D. Public Works ...............................................1 086 1. Comprehensive Transportation Plan ............................. ' 119 PUBLIC USE PERMIT B. C. D. Planning .................................................. Environmental Health 3,707 Public Works ............................................... 1,053 1. Comprehensive Transportation Plan ............................. 297 Parks ..................................................... 355 PUBLIC USE PERMIT (MINOR) A, C, Planning .................................................. $590 Public Works ................................................ 155 1. Comprehensive Transportation Plan .............................. 47 Environmental Health Fire ........................................... 57 SECOND UNIT A, B. C. D. Planning .................................................. Environmental Health 1,772 Fire ............ Public Works ................................................ 335 489 1. Comprehensive Transportation Plan ............................. 142 SETBACK ADJUSTMENT A, Planning ................................................... Public Works 250 1. Comprehensive Transportation Plan .............................. 20 SPECIFIC PLAN OF LAND USE A, B. C. D. E, Planning ........................................... 9,254 + $33/ga Environmental Health ' Public Works ..... .......................................... 2,905 1. Comprehensive Transportation Plan ............................. 740 Parks .................................................... 2,000 R.' [S~P~NG~.,ANDFEE$. NEIV 26 Revised June 1, 1993 vgw CITY OF TEMECULA'S FEE SCHEDULE 27. 28. 29. 30. 31. 32. 33. FEES SPECIFIC PLAN- ROAD SPECIFIC PLAN A. Public Works ............................................... $4,039 SUBSTANTIAL CONFORMANCE FOR PERMITS UNDER SECTION 18.43 OF ORDINANCE NO. 348 A. Planning ........................................... B. Public Works ......... 343 1. Comprehensive Transportation Plan ............................... 27 SUBSTANTIAL CONFORMANCE FOR SPECIFIC PLANS B. C. D. Planning ................................................... 1,319 Environmental Health ............................................. 57 Fire 138 1. Comprehensive Transportation Plan .............................. 106 Parks ...................................................... 75 TEMPORARY SIGN PERMIT A. Planning ..................................................... 20 TEMPORARY USE PERMIT NOT TO EXCEED SIX MONTHS A. Planning ................................................... 1,407 B. Environmental Health ............................................. 59 C. Fire D. Building and Saie/y .............................................. 140 .............................................. 30 E. Public Works .................................................147 1. Comprehensive Transportation Plan .............................. 113 VARIANCE FILED SIMULTANEOUSLy WITH AN APPLICATION FOR A LAND DIVISION, CONDITIONAL USE PERMIT, OR PLOT PLAN A, B. C. D. Planning .................................................... 571 Environmental Health ............................................. 56 Fire 1. Comprehensive Transportation Plan ............................... 46 VARIANCE FILED ALONE B. C. D. E. Planning .......................... ......................... 1,476 Environmental Health ............................................. 56 Fire ::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::: Public Works 1. Comprehensive Transportation Plan .............................. 118 R:t,SlPLANNINGIIANDFEE~.NEW 27 Revised June 1, 1993 vgw CITY OF TEMECULA'S FEE SCHEDULE 35. 36. 38. 39. FEES ACCESSORY WIND ENERGY CONVERSION SYSTEM EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) A. Planning .................................................. $372 B. Fire .............................................. 360 C. Public Works ........ 1. Comprehensive Transportation Plan .............................. 30 ACCESSORY Wind Energy Conversion System NOT EXEMPt FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) A. Planning ................................................... B. Fire ...................................................... 553 C. Public Works 360 1. Comprehensive Transportation Plan COMMERCIAL Wind Energy Conversion System PERMIT A, B. C. D. Planning .................................................. 3,045 Environmental Health Fire .......... ' .......................................... 54 3 Public works .... ' ........................................... 60 1. Comprehensi~,; ZF;a~l;o~t'if;n'l~l~ ............................. 668 Wind Energy Conversion System NOISE STUDY A, Environmental Health ..................................... 500 deposit ZONING INFORMATION LETTER A, Planning .................................................... 18 Public Works 1. Comprehensive Transportation Plan .............................. 1 LARGE FAMILY DAY CARE HOME B. C. D. Planning .............................................. ~ .... 436 Environmental Health Fire ........ ' .......................................... 83 Pub|it Works.. ~]]~]~]~ ..................................... 5S 1. Traffic Study, if reqUir~ ................................... 1,~78 ................................... 780 2. Comprehensive Transportation Plan .............................. 35 R:~Sh°LANNING~L'4NDFEE$'NEW 28 Revised June 1, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE 40. 41. 42. 43. 45. _.FEES HAZARDOUS WASTE FACILITY SITING PERMIT A. Planning ..........................................$10,683 + $36/ga B. Environmental Health .................................... 1,000 deposit C. Public Works ...............................................1,214 1. Traffic Study, if required ................................... 641 2. Comprehensive Transportation Plan ....................... 855 + $3/ga KENNELS AND CATrERIES WHICH ARE PROCESSED UNDER SECTION 18.45 A. Planning ........................ B. · ........................ 331 Environmental Health ' ' C. Public Works ........................................... 42 I. Comprehensive Transportation Plan .............................. 26 MINOR TEMPORARY OUTDOOR EVENT WHICH IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) B. C. D. Planning ............. Environmental Health ....................................... 15 Sheriffs ........................................... 57 8 1. Comprehensive Transportation Plan .............................. 8 MINOR TEMPORARY OUTDOOR EVENT WHICH IS NOT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) C, Planning ............... Environmental Health .................................... 424 168 1. Comprehensive Transportation Plan .............................. 34 MAJOR OUTDOOR EVENT B. C. D. Planning ......................... ' ........................... Public Works ................................................. 65 8 Sheriff ....... Environmental Heai ............................................ 27 ........................................... 57 REGULARLY SCHEDULED EVENT WHICH IS PREEXISTING AND EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Planning .................................................... Public Works ................................................. 73 6 R" ISh°LANNING~I"ANDFE'ES' NEW 29 Revised June 1, 1993 CITY OF TEMECULA 'S FEE SCHEDULE 47. 48. 49. 50. REGULARLY SCHEDULED EVENT WHICH HAS NOT BEEN HELD BEFORE AND IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) A. Planning .................................................. $789 B. Public Works 1. Comprehensive Transportation Plan REGULARLY SCHEDULED EVENT WHICH HAS NOT BEEN HELD BEFORE AND IS NOT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) A. Planning ................................................... 850 B. Public Works 1. Comprehensive Transportation Plan SUBSTANTIAL CONFORMANCE FOR COMMERCIAL AND ACCESSORY Wind Energy Conversion System PERMITS A. Planning ................................................... 407 B. Public Works 1. Comprehensive Transportation Plan .............................. 33 ORDINANCE NO. 348 CONSISTENCY DETERMINATION FOR KENNELS A, Planning .................................................... 25 Public Works I. Comprehensive Transportation Plan .............................. 2 Whenever an application for a change of zone, permit, or variance is terminated for any reason, the Planning Department may, in accordance with the Refund Policy Statement adopted by the City Council, refund fees paid, upon the written request of the applicant. If any portion of the application fees have been paid by the Planning Department to another jurisdiction, agency, or department for the performance of services related to the application, the Planning Department will not refund any such portion of their fees until the other jurisdiction, agency, or department authorizes the Planning Department to do so. In the absence of such authorization, it will be the applicant's responsibility to contact the other jurisdiction, agency, or department for a refund of the fees paid to it, in accordance with the Refund Policy Statement. REFUND OF FEES - ORDINANCE NO. 348 The Planning Department shall retain a processing fee of $75.00 from the total amount to be refunded. ............................. 75 R:ISiPL4NNINGLL4NDFEF. S. NEW 30 Revistd June 1, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE _FEES SECTION 3 The fees for Ordinance No. 431, regulating and controlling the location and operation of hog ranches, shall be as follows: , 1. NEW PERMIT APPLICATION FEE Planning ............ . . . $1,639 Public Works .................................. 1. Comprehensive Transportation Plan ............................. 131 INSPECTION FEE A, Planning .................... 16 per 100 hogs min of $127 Public Works ............... 1. Comprehensive Transportation Plan .............. 1 per 100 hogs rain of $10 LATE FEE A. Planning ............ B. Public Works ...................... 25% of required inspection fee 1. Comprehensive Transportation Plan ............. 2 % of required inspection fee AMENDMENT OF PERMIT (CHANGE IN NUMBER OF HOGS AT PERMITTEE'S OPTION) A. Planning .................................................... 26 B. Public Works 1. Comprehensive Transportation Plan .............................. 2 AMENDMENT OF PERMIT (INCREASE IN MAXIMUM ALLOWABLE NUMBER OF HOGS) A. Planning ................................................... 169 B. Public Works 1. Comprehensive Transportation Plan · "- ........................... 14 R.' tS ~ PLANNIN G ~IND FEE.$. NEW Revised June 1, 1993 vRw CITY OF TEMECULA 'S FEE SCHEDULE FEES SECTION 4 The fees for Ordinance No. 458, Relating to the regulation of flood hazard areas and implementing the National Flood Insurance Program, shall be as follows: APPLICATIONS INVOLVING LAND WHICH LIES WITHIN THE BOUNDARIES OF THE MAPS DESCRIBED IN SECTION 3 OF ORDINANCE NO. 458, EXCLUDING PARAGRAPH E , A. Public Works .................................... $410 + $180/bldg site APPLICATIONS INVOLVING LAND WHICH LIES WITHIN THE BOUNDARIES OF THE MAPS DESCRIBED IN SECTION 3, PARAGRAPH E ORDINANCE 458 A. Public Works ..................................... 410 + $180foldg site APPLICATION FOR AN APPEAL OR VARIANCE A. City Clerk .................................... · .............. 60 R:iSXPLANNING~t. ANDFEE.$.NEW 32 Revised June 1, 1993 vlw CITY OF TEMECULA 'S FEE SCHEDULE SECTION S .FEES The fees for Ordinance No. 460, relating to the division of land shall be as follows: The following fees shall be paid to the Planning Director of the City of Temecula who will disburse the fees to the appropriate funds and accounts. MUL TI-FAMIL Y RESIDENTIAL TRACTS , , TENTATIVE STATUTORY CONDOMINIUM SUBDIVISION MAP FILING (SEWERS) A. Planning ................................... $4,764 + $65/unit + $21/ga B. Environmental Health D. Public Works .......................................... 877 + $8/ga 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ................ 381 + $5/unit + $2/ga TENTATIVE STATUTORY CONDOMINIUM SUBDIVISION MAP FILING (SUB-SURFACE DISPOSAL) A. Planning ....................................4,764+ $65/unit + $2 1 /ga B. Environmental Health ......................................... 1,144 C. Fire ......................................................544 D. Public Works ..........................................900 + $8/ga 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ................ 381 + $5/unit + $2/ga REVISED STATUTORY CONDOMINIUM SUBDIVISION MAP FILING (WITHIN TWO YEARS OF ORIGINAL APPROVAL) A. Planning ..............................5,131 + $70/add unit + $22/add ga B. Environmental Health C. Fire ............ ::::::::::::::::::::::::::::::::::::::::::: ~ D. Public Works ................................................300 1. Traffic Study, if required ...................................780 2. Comprehensive Transportation Plan ........... 410 + $6/add unit + $2/add ga REVISED STATUTORY CONDOMINIUM SUBDIVISION MAP FILING (AFTER TWO YEARS OF ORIGINAL APPROVAL) B. C. D. Planning .............................. 5,131 + $70/add unit + $22/add ga Environmental Health Public Works ................................................ 300 1, Traffic Study, if required ...................................780 2. Comprehensive Transportation Plan ........... 410 + $6/add unit + $2/add ga R.' iSXPLANNING~IDFF_.F_.X NEW 33 Revised June l, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE FEES /"~ARCEL MAPS , , TENTATIVE COMMERCIAL OR INDUSTRIAL PARCEL MAP (SEWERS) B. C. D. PIning .................................... $2,980 + $20/Iot + $20/ga Environmental Health · ' ......................................... 510 2. Comprehensive Transportation Plan ................. 238 + $2/lot + $2/ga Parks .............. .............................. , ........ 355 TENTATIVE RESIDENTIAL PARCEL MAP WITH WAIVER OF HNAL MAP B. C. D. Planning ........................................... 1,332 + $86/1ot Environmental Health · ' ......................................... 372 c Study, if i 2. · · Survey ............................................... 260 3. Comprehensive Transportation Plan ....................... 107 + $7/1ot Parks ..................................................... 355 TENTATIVE RESIDENTIAL PARCEL MAP WITHOUT WAIVER OF FINAL MAP B. C. D. E, Planning ...........................................1,213 + $90/1ot Environmental Health .......................................... 396 Fire ......................................................547 Public Works ..........................................618 + $5/1ot I. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ........................ 97 + $7/1ot Parks ..................................................... 355 REVISED PARCEL MAP HLING (RESIDENTIAL, COMMERCIAL AND INDUSTRIAL PARCEL MAPS; WITHIN TWO YEARS OF ORIGINAL APPROVAL) A, B. C. D. Planning ......................................... 351 + $84/add lot Environmental Health ............ :::::::::::::::::::::::::::::::::::::::::: 14o Public Works ................................................ 159 248 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ..................... 28 + $7/add lot Parks ..................................................... 178 R:IS!PLANNING~ANDFEE&NEW 34 Revised June l, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE FEES REVISED PARCEL MAP FILING (COMMERCIAL AND INDUSTRIAL PARCEL MAPS AFTER TWO YEARS OF ORIGINAL APPROVAL) 10. D, E, Planning ........................................ $351 + $44/add lot Environmental Health ................... ~ ......................140 Fire ...................................................... 170 Public Works ................................................ 318 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ........................ 28 + $4/lot Parks ..................................................... 178 REVISED RESIDENTIAL PARCEL MAP (AFTER TWO YEARS OF ORIGINAL APPROVAL) A, B. C. D. Planning ............ . Environmental Health ............................ 414 + $100/add lot Public Works ........................................ 113 ........ 318 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ..................... 33 + $8/add lot Parks ..................................................... 178 SINGLE-FAMILY RESIDENTIAL TRACTS 11. 12. TENTATIVE SUBDIVISION MAP NOT IN THE R-2 OR R-4 ZONE (SEWERS) A, B. C. D. E, Planning ....................................2,857 + $82/1ot + $20/ga Environmental Health .......................................... 510 Fire ............ 544 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan .................. 229 + $7/1ot + 2/ga Parks .................................. ................... 355 TENTATIVE SUBDIVISION MAP IN THE R-2 OR R4 ZONE A, B. C. D. E. F, Planning .................................... 4,990 + $90/1ot + $21/ga Environmental Health Building and Safety ............................................. 24 Public Works ......................................... 1,496 + $5/1ot 1. Traffic Study, if required 2. Comprehensive Transportation Plan ................. 399 + $7/1ot + $ Parks ..................................................... 355 R:ISIPLANNINGLLANDFF_.~.NEW 35 Revised June 1, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE 14. TENTATIVE SUBDIVISION MAP NOT IN THE R-2 OR R-4 ZONE (SUB-SURFACE DISPOSAL) A. Planning ....................................$2,857 + $82/1ot + $20/ga B. Environmental Health ......................................... 1,144 C. Fire ......................................................544 Do Public Works .........................................1,496 + $5/1ot 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ................. 229 + $7/1ot + $2/ga Parks ..................................................... 355 REVISED TENTATIVE SUBDIVISION MAP (WITHIN TWO YEARS OF ORIGINAL APPROVAL) B. C. D. Planning ............................... 2,798 +$62/add lot + $19/add ga Environmental Health Public Works ................................................ 318 1. Comprehensive Transportation Plan ............ 224 + $5/add lot + $2 add ga Parks ..................................................... 355 15. REVISED TENTATIVE SUBDIVISION MAP (AFTER TWO YEARS OF ORIGINAL APPROVAL) A, B. C. D. E, Planning ...............................2,798 + $62/add lot + $19/add ga Environmental Health ....................................... :.. 194 Fire ......................................................178 Public Works ................................................318 1. Comprehensive Transportation Plan ............ 224 + $5/add lot + $2/add ga Parks ..................................................... 355 VESTING TENTATIVE MAP 16. VESTING STATUTORY CONDOMINIUM SUBDIVISION MAP HLING A, B. C. D. E, Planning .................................... 4,983 + $90/unit+ $21/ga Environmental Health ......................... ~ ...............1,144 Fire ...................................................... 544 Public Works ........................................ 1,574 + $63/ac 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ................ 399 + $7/unit + $2/ga Parks ..................................................... 355 R:XSIPLANNINGXI..4NDFF2S. NEW 36 Revised June 1, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE 17. 18. 19. 20. 21. 22. VESTING TENTATIVE PARCEL MAP A. Planning .................................... $4,846 + $88/1ot + $21/ga B. Environmental Health c. Fi~ ............ D. Public Works ........................................ 1,574 + $57/Iot 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ................. 388 + $7/lot + $2/ga E. Parks ..................................................... 355 VESTING TENTATIVE SINGLE-FAMILy RESIDENTIAL TRACT A. Planning .................................... 4,698 + $84/1ot + $20/ga B. Environmental Health D. Public Works ........................................ 1 574 +$57/1ot 1. Traffic Study, if required ' ............ ~Z~ZZZ~Z~' ' '$ 2.Comprehensive Tr~spo~a~io. Pl~ ....Z~ ~ ~i~'~ E. Parks ' ' ..................................................... 355 APPEALS (SUBDIVISION) A, Planning ................................................... Fire (If fire conditions are appealed) ................................. 331 215 Public Works ................................................ 126 1. Comprehensive Transportation Plan .............................. 26 APPEAL (EXTENSION OF TIME) A. Planning ................................................... 331 B. Public Works 1. Comprehensive Transportation Plan .............................. CERTIFICATE OF LAND DIVISION COMPLIANCE (FEE PER PARCEL) A. Planning ................................................... B. Environmental Health356 c. Vire ............:::::::::::::::::::::::::::::::::::::::::: 126 D. Public Works 104 1. Comprehensive Transportation Plan .............................. 8 CERTIFICATE OF LAND DIVISION COMPLIANCE WITH WAIVER OF FINAL PARCEL MAP (FEE PER PARCEL) A, Planning ................................................... Fire .......... ' ............................................ 100 Public Works 104 I. Comprehensive Transportation Plan .............................. 28 R.' ISIPLANNINGLLANDFEES. NEW 37 Revised June 1, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE 24. 25. 27. 28. EXTENSION OF TIME (SUBDIVISION) A, B. C. D. Planning ..................................................$268 Environmental Health ........................................... 69 Fire ......................................................113 Public Works .............................................200 1. Comprehensive Transportation Plan ......................... ~. ~. 21 EXTENSION OF TIME (PARCEL MAP) B. C. D. Planning ..................................... Environmental Health .............. 274 ............ Public Works ................................................ 200 1. Comprehensive Transportation Plan .............................. 22 LAND DIVISION UNIT MAP FILING (PHASING) Planning ................................................... 187 Fire ...................................................... 104 Public Works ................................................ 147 1. Comprehensive Transportation Plan .............................. 15 LOT LINE ADJUSTMENT Planning ................................................... 430 Environmental Health 1. Comprehensive Transportation Plan .............................. 34 MINOR CHANGE (SUBDIVISION) Planning ................................................... 470 Fire ............................ . .......................... Public Works ................................................ 104 124 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan .............................. 38 MINOR CHANGE (PARCEL MAP) Ao Planning ................................................... 459 Fire ...................................................... Public Works ................................................ 104 124 1. Traffic Study, if required ................................... 780 2. ComPrehensive Transportation Plan .............................. 37 R.'IShW-,4NNINGtl. ANDrT_.ES. NEW -~8 Revist~l June l, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE 29. 30. MERGER OF CONTIGUOUS PARCELS Planning Public W~r~ ............................................... $500 1. Survey ................................................ 65 2. Comprehensive Transportation Plan .............................. 40 REVERSION TO ACREAGE 31. B. C. D. Planning ...................................................392 Environmental Health ........................................... 69 Fire ......................................................104 Public Works 1. Comprehensive Transportation Plan .............................. 32 SPECIAL SERVICE LETTER A, Planning ................................................... 183 Public Works 1. Comprehensive Transportation Plan .............................. 15 AMENDMENT OF FINAL MAP 32. 33. 34. 35. 36. STATUTORY CONDOMINIUM SUBDIVISION AND SINGLE-FAMILy RESIDENTIAL TRACTS A. Planning ................................ 1,709 + $18/1ot change + $10/ga B. Public ~oo~sp ............................................... 1,350 1. rehensive Transportation Plan ............ 137 + $1/lot change + $1/ga PARCEL MAPS A. Planning ..................................... 1,592 + $16/1ot + $9/ga B. Public Works ............................................... 1,200 1. Comprehensive Transportation Plan ........................ 127 + $1/lot REQUEST FOR EXTENSION OF TIME TO COMPLETE OFF-SITE IMPROVEMENTS A. Public Works ................................................ 147 STREET NAME APPROVAL AFTER PRIOR APPROVAL (ALL SCHEDULES) A. Public Works ..................................... 70 + $10/add street LOT REVISION AFTER CHECKING A, Public Works .............................................. $20/1ot R.'LS~PI. ANNING~INDFEF_.5. NEW ..~9 Revi.~t~d June l, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE ~' 7LING FEES FOR EXPIRED RECORDABLE SUBDM SION MAPS FEES If a tentative tract map is submitted to the Planning Director within 90 days of the expiration date of an expired recordable subdivision map on the same property and the new tentative tract map is no different than the lines of the expired map, the land divider shall pay the f~ing fees specified in this subsection. 37.. IN LIEU OF THE FILING FEES PROVIDED FOR SINGLE-FAMILY RESIDENTIAL TRACTS IN SUBPARAGRAPHS A~ B, AND C OF PARAGRAPH 3 OF SUBSECTION B OF THIS SECTION, THE FOLLOWING FEES SHALL BE PAID: 38. A. Planning .................................... $1,681 + $15/lot + $15/ga B. Public Works .......................................... 750 + $5/1ot 1. Comprehensive Transportation Plan ................. 134 + $1/lot + $1/ga IN LIEU OF THE FILING FEES PROVIDED FOR MULTI-FAMILY RESIDENTIAL TRACTS IN SUBPARAGRAPHS A AND B OF PARAGRAPH 1 OF SUBSECTION B OF THIS SECTION, THE FOLLOWING FEES SHALL BE PAID: 39. 1. Planning ...................................... 1,829 + $16/ga 2. Public Works ..................................... 750 + $8/ga a. Comprehensive Transportation Plan .................. 146 + $1/ga IN LIEU OF THE FILING FEES PROVIDED FOR IN PARAGRAPHS tl AND 6 OF SUBSECTION D OF THIS SECTION, THE FOLLOWING FEES SHALL BE PAID: r INAL SUBDIVISION MAP FILING A, Planning ............................................. 101 + $1/lot Public Works .......................................... 603 + $5/1ot 1. Comprehensive Transportation Plan .............................. 8 FINAL STATUTORY CONDOMINIUM MAP 40. 41. C, Planning ............................................. 101 + $1/lot Public Works Up to 10 ae gross .......... ' ............ 600 + $25/ga 1,250 max 1. Comprehensive Transportation Plan .............................. 8 ' FOR THE PURPOSES OF THIS SUBSECTION, AN EXPIRED RECORDABLE SUBDIVISION MAP SHALL MEAN AN APPROVED TENTATIVE TRACT MAP FOR WHICH APPROVED IMPROVEMENT PLANS AND MYLARS HAD BEEN SUBMITFED TO THE CITY ENGINEER, THE FINAL MAP WAS READY FOR SIGNATURE, AND THE FINAL MAP COULD HAVE BEEN RECORDED ON THE SUBMISSION OF APPROVED SECURITY AND AGREEMENTS. THE DETERMINATION OF WHETHER ANY MAP CONSTITUTES AN EXPIRED RECORDABLE SUB-DIVISION MAP SHALL BE MADE BY THE CITY ENGINEER. NOTHING CONTMNED IN THE SUBSECTION SHALL BE CONSTRUCTED TO PREVENT OR PROHIBIT THE IMPOSITION OF ADDITIONAL OR DIFFERENT CONDITIONS ON THE NEW TENTATIVE MAP. THE FILING FEES CONTMNED IN THE SUBSECTION SHALL BE APPLICABLE IF ANY CHANGES OR ALTERNATIVES ARE REQUIRED TO BE MADE TO R.'iSXPLANNINGII. ANDFEES. NEW 40 Revised June l, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE THE TENTATIVE MAP OR FINAL MAPS OR THE IMPROVEMENT PLANS AS A DIRECT ~T OF THE IMPOSITION-BY THE CITY OF ADDITIONAL OR DIFFERENT CONDITIONS; HOWEVER, IF THE LAND DIVIDER MAKES ANY CHANGES OR ALTERATIONS TO THE TENTATIVE OR FINAL MAPS OR TO THE IMPROVEMENT PLANS WHICH ARE NOT THE DIRECT RESULT OF THE IMPOSITION OF ADDITIONAL OR DIFFERENT CONDITIONS BY THE CITY, THE LAND DIVIDER SHALL BE REQUIRED TO PAY ALL THE FILING FEES SPECIFIED IN SUBSECTIONS A THROUGH D OF THIS SECTION. AIR OUALITY ELEMENT FEE 42. IN ADDITION TO THE FEES SET FORTH IN SUBSECTION A, B AND E. OF THIS SECTION, THE APPLICANT FOR ANY RESIDENTIAL; TENTATIVE SUBDIVISION MAP OR RESIDENTIAL PARCEL MAP SHALL PAY A FEE OF $11 PER LOT AND THE APPLICANT FOR ANY STATUTORY CONDOMINIUM SUBDIVISION MAP SHALL PAY A FEE OF $11 PER UNIT OR THE PURPOSES OF PREPARING AND IMPLEMENTING AN AIR QUALITY ELEMENT OF THE GENERAL PLAN. A. AIR QUALITY ELEMENT FEE 1. Planning ....................................... $11/lot or unit REFUND OF FEES OF ORDINANCE NO. 460 43. 44. WHENEVER AN APPLICATION FOR A LAND DIVISION OR RELATED APPLICATION IS TERMINATED FOR ANY REASON, THE PLANNING DEPARTMENT MAY, IN ACCORDANCE WITH REFUND POLITY STATEMENT ADOPTED BY THE CITY COUNCIL, REFUND FEES PAID, UPON THE WRITTEN REQUEST OF THE APPLICANT. IF ANY PORTION OF THE APPLICATION FEES HAS BEEN PAID BY THE PLANNING DEPARTMENT TO ANOTHER JURISDICTION, AGENCY, OR DEPARTMENT FOR THE PERFORMANCE OF SERVICES RELATED TO THE APPLICATION, THE PLANNING DEPARTMENT WILL NOT REFUND ANY SUCH POTION OF FEES UNTIL THE OTHER JURISDICTION, AGENCY, OR DEPARTMENT AUTHORIZES THE PLANNING DEPARTMENT TO DO SO. IN THE ABSENCE OF SUCH AUTHORIZATION, IT WILL BE THE APPLICANT'S RESPONSIBILITY TO CONTACT THE OTHER JURISDICTION, AGENCY, OR DEPARTMENT OR A REFUND OF THE FEES PAID TO IT, IN ACCORDANCE WITH THE REFUND POLICY STATEMENT. THE PLANNING DEPARTMENT SHALL RETAIN A PROCESSING FEE OF $75 FROM THE TOTAL AMOUNT TO BE REFUNDED ................................... 75 R: IS~P~NGZANDFEES. NE~ 41 Revised lame 1, 1993 CITY OF TEMECULA 'S FEE SCHEDULE SECTION 6 The fees for Ordinance No. 546, relating to fire protection regulations shall be paid to the Fire Chief and deposited into the general fund, and shall be as follows: PLAN CHECKS AND INSPECTIONS- FIRE 1. PLAN CHECKS - BUILIHNGS Fire ..................................................... $558 SITE INSPECTIONS (WHERE REQUIRED) Fire ...................................................... 138 3. DIVISION OF REAL ESTATE LETTERS (INCLUDING SELF-ADDRESSED, STAMPED ENVELOPE) A, Fire ....................................................... 84 MAJOR INDUSTRIAL PROJECT, RESEARCH REPORTS A. Fire (time & charges - deposit) ..................................... 560 FIRE PROTECTION SYSTEMS, PLAN CHECKS INSPECTIONS , A, Fire ...................................................... 558 "HOOD DUCT" SYSTEM PLAN CHECK AND INSPECTIONS , A, Fire ...................................................... 354 FOLLOW-UP INSPECTION FOR "NONCOMPLIANCE" A, Fire ...................................................... 138 FIRE SAFETY INSPECTIONS (LICENSED CARE) 1. First Inspection (New License) A. 6 or less B, 1. Fire 7 or more Fire ................................................. 162 R"LSh°LANNINGtL4NDFEES'NEW 42 Revised June 1, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE FEES 2. Inspection for Change in License A. Fire ...................................................... $81 3. Annual Inspection (No Change in Occupancy) A. Fire ....................................................... 40 4. Follow-up Inspection for "Noncompliance" A. Fire ....................................................... 16 FIRE SAFETY INSURANCE (COMMERCIAL/INDUSTRIAL} 1. Retail Buildings/Locations A. Up through 2,499 sq. ft. 1. Fire .................................... · .............. 58 B. 2,500 through 4,999 sq. ft. 1. Fire .................................................. 82 C. 5,000 sq. ft. or more 1. Fire ................................................. 124 2. Manufacturing A, Fire ...................................................... 124 , Commercial A. Up through 4,999 sq. ft. 1. Fire .................................................. 82 B. 5,000 sq. ft. or more I. Fire ............................................ ..... 124 Restaurants Up through 4,999 sq. ft. 1. Fire .................................................. 82 R.'ISXPI-ANNINGtI.,ANDFEF_.$.NEW 43 Revised June I, 1993 vgw , CITY OF TEMECULA 'S FEE SCHEDULE FEES B. 5,000 sq. ft. or more 1. Fire ................................................ $124 Hotel/Motels/Apartments A. Fire (per story) ........................................ 82 + $3/unit Mobile Home RV Parks - Incidental Use Areas A. Fire ........................................... 82 + $3/site over 20 Follow-up Inspection for "Noncompliance" A. Fire ...................................................... 121 Miscellaneous A. Tank Installation Use or Permit, and Inspections 1. Fire (one tank) plan check permit & inspection includes propane tanks .......................... 208 + $32/add tank Water System Flow Test Fire (per hydrant) ............................................. 171/per hyd Special Inspections (Access, Clearance, Housekeeping, etc. A. Fire ...................................................... 121 R.'L$~PLANNINGIIANDFF, EXNEW 44 Revised June l, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE FEES SECTION 7 The fees for Ordinance No. 547, relating to the implementation of the Alquist-Priolo Special Studies Zones Act, shall be as follows: FILING OF A GEOLOGIC REPORT FOR APPROVAL A. Planning - par up to 10 ac .............................. $451 + $16/add ac B. Public Works 1. Comprehensive Transportation Plan ................ 36 + $2/add ac max 50 WAIVER OF GEOLOGIC REPORT B, Planning .............................................. 58 + $324 upon submission to State Geologist of recommendation of approval of waiver by the City Engineer Public Works 1. Comprehensive Transportation Plan .......................... 5 + $26 upon submission to State Geologist of recommendation of the City Engineer R.. iSIPLANNING~4ND FEES. NEW 45 Revised June 1, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE FEE___ S SECTION 8 The fees for Ordinance No. 555, relating to the implementation of the Surface Mining and Reclamation Act of 1975, shall be as follows: 1. SURFACE MINING PERMIT , Planning .................................................$3,723 Environmental Health .......................................... 141 Public Works ...............................................1,339 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan Parks ............................. 298 ..................................................... 355 RECLAMATION PLANS SUBMITrED FOR VESTED OPERATION CONDUCTED AFFER JANUARY 1, 1976 , A, Planning ...... Public Works... ::ZS:SZ: .................................... 1,727 ..................................... 410 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ............................. 138 APPEAL OF PLANNING COMMISSION DECISION Planning ................... 3~ Public Works (if road conditions are appealed) ~~ .................... 1. Comprehensive Transportation Plan .............................. 25 SUBSTANTIAL CONFORMANCE , A, Planning ................................................... 199 Public Works 1. Comprehensive Transportation Plan ' .............................. 16 REVISED PERMIT Planning ................................................... 785 Public Works 1. Comprehensive Transportation Plan .............................. 63 R.'ISIPLANNINGILANDFEF~NEW 46 Rtvisat June 1, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE SECTION 9 The fees for Ordinance No. 559, relating to the removal of trees, shall be as follows: 1. _FEES APPLICATION FOR A PERMIT TO REMOVE ONE OR MORE NATIVE LIVING TREES A. Planning .................................................. $214 B. Public Works 1. Comprehensive Transportation Plan .............................. 17 R: IStPLANNINGtl. ANDFF_.F~. NEW 47 Revi~ed June 1, 199.3 vgw CITY OF TEMECULA 'S FEE SCHEDULE FEE___~S SECTION 10 The fees for Ordinance No. $78, providing for the establishment of historic preservation districts shall be as follows: 1. CERTIFICATE OF HISTORIC APPROPRIATENESS , PIning .................................................. $189 Parks ..................................................... Public Works 111 I. Comprehensive Transportation Plan .............................. APPEALS PIning ................................................... 106 Public Works 1. Comprehensive Transportation Plan .............................. 8 R:ISIPLANNINGLLANDFEES. NEW 48 Revised June 1, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE , , FEES SECTION 10 The fees for Ordinance No. 650, regulating the discharge of sewage in the City of Temecula and providing penalties for violations shall be as follows: FOR EACH PARCEL NOT IN THE SAME LAND DIVISION, LARGER THAN 10,000 SQ. FT. IN SIZE, NOT IN AN IDENTIFIES CRUCIAL AREA AND WHERE NO SITE EVALUATION IS REQUIRED (SUBSURFACE DISPOSAL SYSTEM) A. Environmental Health .......................................... $153 FOR MULTIPLE PARCELS WITHIN THE SAME LAND DIVISION (SUBSURFACE DISPOSAL SYSTEMS) A. For each of the first four (4) Parcels Environmental Health ....................................... 55 For each parcel with the same land division after the first four (4) parcels within that land division Environmental Health ....................................... 55 SUBSURFACE SEWAGE DISPOSAL PLAN RE-REVIEW WHERE A SECOND REVIEW IS NEEDED DUE TO MODIFICATIONS, ADDITIONS, OR DELETIONS TO A PREVIOUSLY APPROVED DESIGN A, Environmental Health ............................................ 55 ALTERNATIVE AND EXPERIMENTAL SEWAGE DISPOSAL SYSTEMS INCLUDING ON-SITE EVALUATION PLAN REVIEW Environmental Health ........................................... 656 SITE EVALUATION IN CONJUNCTION WITH ~EWAGE DISPOSAL PLAN REVIEW IN CRITICAL SUB-SURFACE SEWAGE DISPOSAL AREAS AS DETERMINED BY THE HEALTH OFFICER A, Environmental Health ........................................... 197 SITE EVALUATION AND SEWAGE DISPOSAL PLAN REVIEW FOR INDIVIDUAL LOTS LESS THAN 10,000 SQ. FT. IN SIZE AND LOCATED OUTSIDE CRITICAL SUB-SURFACE SEWAGE DISPOSAL AREAS A, Environmental Health ........................................... 172 R.' ISXPLANNINGIIANDFEE& NEW 49 Revi~ed June 1, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE 10. FEES SEWER VERIHCATION WHERE READILY RETRIEVABLE DATA IS NOT AVMLABLE (I.E. SUBDIVISION OR PARCEL MAP HLES) INCLUDES FHA/VA APPROVAL FORMS FOR SYSTEMS LESS THAN 1 YEAR A, Environmental Health ........................................... $58 SITE EVALUATION UPON REQUEST BY APPLICANT OR HIS AGENT, TO ESTABLISH PRELIMINARY CONDITIONS OF APPROVAL OR VERIFY SITE CONDITIONS Environmental Health ........................................... 120 HOLDING TANK APPROVAL A, Environmental Health ....................................... ' .... 119 PRELIMINARY ELECTIVE EVALUATION OF SEWAGE DISPOSAL REQUIREMENTS PRIOR TO APPLICATION TO PLANNING DEPARTMENT (INCLUDES EVALUATION OF METHOD OF WATER SUPPLY) A, Environmental Health ............................................ 69 R:ISIPLANNINGIIANDFEES. NEW 50 Revised June l, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE FEES SECTION 12 The fees for Ordinance No. 653, establishing fees for examination of Records of Survey and corner Records by the City of Temecula shall be as follows: 1. FILING A RECORD OF SURVEY A. Public Works 1. Survey .............................................. $600 2. HLING A CORNER RECORD A. Public Works 1. Survey ................................................ 7 R:IS~PLANNINGLLANDFF25. NEW 5l Revised June 1, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE SECTION 13 FEES Rules for the City of Temecula Implementing the California Environmental Quality Act (CEQA) The fees and EIR deposits for environmental review pursuant to the "Rules for the City Implementing the California Environmental Quality Act" shall be as follows: 1. NO FEE SHALL BE REQUIRED FOR THE FOLLOWING PROJECTS: A. of Temecula Projects which are categorically exempt from environmental review by the State Guidelines of the Rules for the City of Temecula Implementing the California Environmental Quality Act (CEQA), unless an Initial Study is conducted to determine if the project is exempt. City project when the fee will be paid into the same fund into which it is deposited. Requests to improve and accept a road into the City Maintained Road System. Preparation of an Initial Study on an application to change the zoning designation on a parcel when the application is required to be filed as a Condition of Approval on a previously approved application. The fees required for requests to conduct initial studies relating to the following applications shall be paid to the Planning Department of the City Of Temecula as follows: /,_-... APPLICATIONS FOR GRADING PERMITS , A. Planning ..................................... $594 + $5/ac max 2,179 B. Public Works 1. Comprehensive Transportation Plan .............................. 48 APPLICATIONS FOR COMMERCIAL WIND ENERGY CONSERVATION SYSTEM PERMITS (Commercial Wind Energy Conversion System Permits) A. Planning ........................... 420 + $5/ga max of $1997 + $278/gnw B. Public Works 1. Comprehensive Transportation Plan ...................... 34 + $22/gnw · APPLICATIONS FOR TREE REMOVAL , A. Planning ................................................... 207 B. Public Works 1. Comprehensive Transportation Plan .............................. 17 ALL OTHER APPLICATION (Initial Study Negative Declaration) A. Planning ...................................... 568 + $5/ga 2,061 max B. Public Works 1. Comprehensive Transportation Plan .............................. 45 R:tSXPLANNINGtl.,4NDFEF_.S. NEW 32 Revised June 1, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE FEES Whenever two or more applications are filed concurrently by the same applicant for the same property, only one fee for the preparation of the Initial Study shall be required. The deposits required for the preparation of the draft EIR shall be paid to the Planning Department of the City Of Temecula as follows: IF THE PROJECT SPONSOR PREPARED THE DRAFT EIR A. Planning ............. $6 202 C. Parks ....................... D. Public Works ............................. 422 1. Comprehensive Transportation Plan ............................. 496 2. Traffic Study, if required ................................... 780 IF PURSUANT TO SECTION 706 OF THE RULES FOR THE CITY OF TEMECULA IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A PREVIOUSLY PREPARED EIR IS UTILIZED AS THE DRAFt EIR , A. Planning ................................................. 1,021 B. Environmental Health ........................................... 378 C. Parks ..................................................... 422 D. Public Works 1. Comprehensive Transportation Plan FAULT HAZARD REPORT REVIEW (CEQA) Planning for the first 10 acres Public Works ..................... 516 + $18/add ac - max 734 1. Comprehensive Transportation Plan for the first 10 acres ........................ 41 + $2/add ac - max 58 GEOLOGIC WAIVER Planning · ........................... 121 + $366 when submitted to the State Public Works 1. Comprehensive Transportation Plan ....... 10 + $:29 when submiRed to the State LIQUEFACTION REPORT A, Planning ................................................... 349 Public Works 1. Comprehensive Transportation Plan .............................. 28 APPEAL TO PLANNING COMMISSION A, Planning .................................................... 93 Public Works 1. Comprehensive Transportation Plan .............................. 7 R: ~IPLANNINGII..ANDFEE.$. NEW Re~ed June 1, 1~;~3 vgw CITY OF TEMECULA 'S FEE SCHEDULE APPEAL TO CITY COUNCIL Planning .................................................. $115 Public Works 1. Comprehensive Transportation Plan .............................. 9 R:ISXPLANN1NGLLANDFEES. NEW 54 Redsrid June 1, 1~9.~ vgw CITY OF TEMECULA 'S FEE SCHEDULE FEES SECTION 14 Rules and Regulations Governing Agricultural Preserves in the City of Temecula Fees The fees for Agricultural Preserve Applications pursuant to the Rules and Regulations Governing Agricultural Preserves in the City of Temecula shall be as follows: , , 1. ESTABLISHMENT OR ENLARGEMENT OF AN AGRICULTURE PRESERVE (Applicant Initiated) A, ESTABLISHMENT OR COUNCIL INITIATED) Planning ............................. $1,371 + $103/owner's application + $103 contract upon approval - non refund Public Works 1. Comprehensive Transportation Plan ............... 110 + $8/owner's per + $S/contract upon approval - non refund ENLARGEMENT OF AN AGRICULTURAL PRESERVE (CITY A. Planning B. Public W{;rid ..................................... 103 + $1 03/contract 1 Comprehensive Transportation Plan · · ..................... 8 + $8/contact EXECUTION OF A LAND CONSERVATION CONTRACT FOR LAND WITHIN AND ESTABLISHED AGRICULTURAL PRESERVE (City Council Initiated) A. Planning (per contract) B. Public Works .......................................... 103 1. Comprehensive Transportation Plan .............................. 8 DISESTABLISHED OR ENLARGEMENT OF AN AGRICULTURAL PRESERVE (APPLICATION INITIATED) A. Planning (non-refundable) B. Public Works .............. ' ......................... 1,245 1. Comprehensive Transportation Plan ............................. 100 DISESTABLISHED OR DIMINISHMENT OF AN AGRICULTURAL PRESERVE (CITY COUNCIL INITIATED) No Fee NOTICE OF NON-RENEWAL Planning .................................................... 53 Public Works 1. Comprehensive Transportation Plan .............................. 4 R:ISIPI. ANNINGILANDFEES. NEW 55 Revised June 1, l~J vgw CITY OF TEMECULA 'S FEE SCHEDULE FEES SECTION 15 The fees fixing procedures to vacate and accept City highways and property offered for dedication, shall be paid to the Director of Public Works of the City of Temecula and shall be as follows: VACATION OF PUBLIC STREETS, HIGHWAYS CODE SECTION 8300, ET. SEQ. A. General Vacations 1. Public Works Summary Vacations ......................................... $4,155 1. Public Works STREET NAMES ........................................... 920 A. Change requiring Public Hearings B, Public Works ................................... 210 + 65/name Over-the-Counter Approval Public Works ........................................ 65/name R:~SIPI-.4NNINGXI..ANDFEEXNEW 56 Rev'ited June 1, 1993 vgw , CITY OF TEMECULA 'S FEE SCHEDULE SECTION 16 ARCHIVAL SEARCH FEE FOR PLANNING INFORMATION A. Planning ................................................. $27 per hour of staff time expended, computed at $6.75 per each xA hour or fraction thereof for information or documents which are not readily available and accessible. RESEARCH FEE FOR PLANNING INFORMATION A. FEES $27/hr Planning .................................................. 45/hr $45 per hour of staff time expended, computed at $11.25 per each ~ hour or fraction thereof for information or documents which are not readily available and accessible. RESEARCH FEE FOR HISTORIC VERIFICATION A. Planning .................................................. 48/hr R.' kS l P IMNNI N G ~iND FEES. NEW 57 Revised June l, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE FEES SECTION 17 DEVELOPMENT AGREEMENT A, Planning ................................................. $4,000 Public Works ................................................ 550 ANNEXATION FEES Planning ................................................ 710 Public Works ' ' .............................................. ;. 240 **Applicant is required to pay LAFCO Fees PROJECTS CONTINUI~ AT PUBLIC HEARING Planning ...............................2,000 deposit + time and material Public Works ............................ 1,000 deposit + time and material PUBLIC HEARING FEES A. Planning Department ........................................... 150 R.'ISXPLANNINGLLANDFEES. NEW 58 Revised June 1, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE SECTION 18 LANDSCAPING PLANS A. Onsite and offsite, 4% of final construction up to three submittals ............................................. cost estimate B. Fourth and subsequent submittal $100/sheet R.' I S I PLANNI N G tI, AND FEES. NEW Revised June 1, 1993 vgw City of Temecula Planning Department LIST OF FEE CHANGES Tenant Improvement Change of Use Single Family Residence Signs (except sign programs) Additions to Single Family Home Occupations Change of Copy Old Town Architectural Review Minor Outdoor Event (For Profit) Minor Outdoor Event (Not For Profit) Major Outdoor Event (Not For Profit) Conditional Use Permit (Existing Building)* Public Use Permit (Existing Building)* Second Unit Permit Lot Line Adjustment DRC Landscape Plan Review Construction Document Review Landscape Plan Review Landscape Plan Check** Landscape Inspection Construction Inspection None $ 30.00 None $ 30.00 None $ 30.00 $ 190.00 $ 30.00 None $ 30.00 None $ 20.00 None $ 20.00 None $ 20.00, $ 190.00 $190.00 $ 190.00 $107.00 $ 190.00 $ 157.00 $5,863.00 $ 945.00 $6,246.00 $2,886.00 $1,160.00 None None Portion of Application Fee Portion of $190 consistency Check Fee None None $ 945.00 $ 945.00 $ 960.00 $ 200.00 $ 270.00 per sheet $ 200.00 $ 270.00 per sheet $ 225 per inspection $ 225.00 per inspection R.'|~$LPL, INNING~.ANDFE. F~.NEW 60 Revised June 1, 1993 vgw Commercial/Industrial ~ $7,115 $1,849.00 * Pursuant to Council direction, while the current fees show as $5863.00 and $6246.00, the City has been collecting the fee of $945.00 for those uses that require conditional or public use approval that are going into an existing building. Landscape irrigation plans and detail sheets only. Unused portion of fee will be refunded for large submittals with repetitive plans. R.'XS~PLANNING~NDFEEXNEW 61 Revixed June 1, 1993 vgw City of Temecula Community Services Department LIST OF FEE CHANGES Specific Han Land Use Substantial Conformance for Specific Hans Tentative Subdivision Map in R-4 Revised Tentative Map $355.00 Not established for TCSD Not established for TCSD Not established for TCSD Proposed Fee $2,000.00 $75.00 $355.00 $355.00 R.'IS~PLANNINGIL4NDFEF_.S. NEW 62 Revised June 1, 1993 vgw Application FEMA - CLOMR FEMA - LOMR Transportation Demand Management Study 0 - 500 cy 501 - 10,000 cy 10,000 - 100,000 cy Over 100,000 cy Grading Permit 0 - 50 cy 51 - 100 cy 101 - 1,000 cy 1,001 - 10,000 cy 10,001 - 100,000 cy Over 100,000 cy Monthly Blanket Utility Permit 1 Permit 2 Minor/Major Construction Project Main Line City of Temecula Public Works Department LIST OF FEE CHANGES Current Fee [ Proposed Fee 5,000 5,000 5,000 1,000 (1) None 250 (2) N/A 350 (3) N/A 500 (3) N/A 1,000 (3) N/A 1300+50/10,000 cy (3) Over 100,000 (3) 15 Eliminate 22.50 Eliminate 22.50 + Eliminate 10.50/add 100 cy 117 + Eliminate 9/add 1,000 cy 198 + Eliminate 40.50/add 10,000 cy 562 + Eliminate 22.50/add 10,000 cy N/A N/A None 25 + l/If of Excavation 25/month + 10/cut 100/year + 20/cut $100/sheet or as determined by the City Engineer (rain $100) 25 + 1/lf of Excavation or as determined by the City Engineer (5) R:tSIPLANNINGILANDFF_.ES. NEW 63 Revised J~ne 1, 1993 vgw ITEM NO. 12 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER /~1~_ CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning June 8, 1993 PA93-0038, a request to convert an existing young adult nightclub into an adult only nightclub which will allow the selling and on-site consumption of alcohol. Prepared By: Craig D. Ruiz, Assistant Planner RECOMMENDATION: It is requested that the City Council: Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PA93-0038, MINOR CONDITIONAL USE PERMIT, AFFIRMING THE PLANNING COMMISSION'S DECISION TO DENY SAID APPLICATION TO ALLOW THE CONVERSION OF AN EXISTING YOUNG ADULT NIGHTCLUB INTO AN ADULT ONLY NIGHTCLUB WHICH WILL ALLOW THE SELLING AND ON-SITE CONSUMPTION OF ALCOHOL LOCATED AT 28822 FRONT STREET. BACKGROUND In June of 1991, Administrative Plot Plan No. 153 was approved for the Valley Beat teen nightclub. In April of 1992, the applicant subsequently received City Council approval for Conditional Use Permit No. 19 for this same use. On February 23, 1993, the applicant filed a Minor Conditional Use Permit (CUP) application in accordance with Ordinance No. 93-07 (Adult Business Ordinance) for the conversion of an existing young adult nightclub to an adult nightclub. Ordinance No. 93-07 requires a CUP for the establishment of bars and cocktail lounges. The CUP was filed as a Director approval; however, because of concerns relating to compatibility of the proposed use, the matter was referred by the Planning Director to the Planning Commission for consideration. On April 5, 1993, the City of Temecula Planning Commission voted 5-0 to deny PA93-0038, Minor Conditional Use Permit. R:\S\STAFFRPTBSPA93.CC 5127/93 kJb 1 DISCUSSION The primary issue of concern raised by the Planning Commission during the public hearing for this project was the proximity between the proposed nightclub and the Temecula Teen Center and the Skate City skating rink. The location of the proposed use would be approximately 400 feet from both the teen center and the skating rink. The Temecula Teen Center and Skate City skating rink are uses that cater primarily to minors. The Planning Commission found that the proposed nightclub in this location would result in an incompatibility of land uses. This finding was based on the fact that the teen center and the skating rink would operate during essentially the same hours as the proposed nightclub. The Planning Commission also found that the sale and on-site consumption of alcohol this close to the teen center and the skating rink would pose a threat to the general health, safety and welfare of the community. Based upon these two findings the Commission denied the applicant's request. Also discussed during the public hearing was a concern raised by three citizens that there was a history of excessive noise coming from the teen club's sound system. The citizens explained that music would travel across Interstate 15 and could be heard at their residences in the Rancho Highlands development. FISCAL IMPACT None. Attachments 2. 3. 4. 5. Resolution No. 93- - Page 3 Planning Commission Denial Resolution (April 5, 1993) - Page 7 Planning Commission Minutes, April 5, 1993 - Page 8 Planning Commission Staff Report, April 5, 1993 - Page 9 Applicant Letter of Rebuttal and Exhibit - Page 10 R:\S\STAFFRPT~gPA93.CC 5/27/93 klb ~) ATTACHMENT NO. 1 RESOLUTION NO. 93- R:~S\STAFFRPT~3sPA93.CC 5/27193 klb 3 ATTACHMENT NO. 1 RESOLUTION NO. 93- A RESOLUTION OF ~ CITY COUNCIL OF ~ CITY OF TEMECULA DENYING PA93-0038, MINOR CONDITIONAL USE PERMIT, AFFIRMING ~ PLANNING COMMI~SION'S DECISION TO DENY SAm APPLICATION TO ALLOW ~ CONVERSION OF AN EXISTING YOUNG ADULT NIGHTCLUB INTO AN ADULT ONLY NIGHTCLUB WHICH WILL ALLOW ~ SELLING AND ON-SITE CONSUMPTION OF ALCOHOL LOCATEB AT 28822 FRONT STREET. WF~-REAS, in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference, Mr. Stosan Mitich fried PA93-0038, Minor Conditional Use Permit, proposing to allow the conversion of an existing young adult nightclub into an adult only nightclub which will allow the selling and on-site consumption of alcohol located at 28822 Front Street. WHF.~, the proposed project is located in close proximity to the Temecula Teen Center and the Skate City Skating Rink, two uses that cater primarily to minors; WHEREAS, 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 and that its decision be consistent with the General Plan if certain findings are made; WHEREAS, pursuant to Section 18.28 of Riverside County Ordinance No. 348, a conditional use permit must be denied unless the applicant demonstrates that the proposed use will not be detrimental to the health, safety or general welfare of the community; WHEREAS, the Planning Commission conducted a public hearing pertaining to said Conditional Use Permit on April 5, 1993, at which iime interested persons had opportunity to testify with either in support or opposition to said Conditional Use Permit and; WHEREAS, at the conclusion of the Commission hearing and after having considered all information presented, the Planning Commission denied said Conditional Use Permit; WHEREAS, Mr. Stosan Mitich fried an appeal of the Planning Commission decision; WHEREAS, said Appeal application was processed in the time and manner prescribed by State and local law; and; WHEREAS, the City Council received a copy of the Staff Report regarding the Appeal; R:\S\STAFFRFr~38pA93.CC 5/27/93/fro WHEREAS, the City Council conducted a public hearing pertaining to said Appeal on June 8, 1993, at which time interested persons had opportunity to testify either in support or opposition to said Appeal; NOW, TI~-REFORE, THE CITY COUNCIL OF THF, CITY OF TEM~ECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. The Temecula City Councfi hereby denies PA93-0038, Minor Conditional Use Permit based upon the following findings: A. The appellant has failed to demonstrate the proposed project will not be detrimental to the health, safety and general weftare of the community. B. The proposed project is not consistent with Ordinance No. 348 since the use does not meet all the requirements of Section 18.28 of Ordinance No. 348 which requires that a proposed use not pose a threat to public health, safety and general weftare of the community. C. The project, as proposed, will adversely affect the public health and welfare on the grounds the use will allow the selling and on-site consumption of alcohol in close proximity to the Temecula Teen Center and the Skate City skating rink. D. The project, as proposed, would result in an incompatible land use on the grounds the use will allow the selling and on-site consumption of alcohol in close proximity to the Temecula Teen Center and the Skate City skating rink. Section 2. Environmental Compliance. The proposed project is not subject to the California Environmental Quality Act per Section 15061(b)(3). R:\S\STAFFRPT~38PA9:t.CC 5/27/93 klb 5 Section 3. PASSED, APPROV~-D AND ADOPTED this 8th day of June, 1993. ATTEST: SAL Mtn oz MAYOR June S. Greek, City Clerk [SEAL] STATE OF CALIFO~) COUNTY OF RIVERSm~ SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, I4g~y DO CERTIFY that the foregoing Ordinance No.93- was duly introduce~! and placed upon its first reading at a regular meeting of the City Council of the City of Temecula on the 13th day of April, 1993, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 13th day of April, 1993, by the following roll call vote: CO~CILMEMBERS: NOES: CO~Cn-n,m'tvlBEl~: COUNCILMEMBERS: JUNE S. CITY CLERK R:\SXSTAFFRPTX38PA93.CC 5127193 lab 6 ATTACHMENT NO. 2 PLANNING COMMISSION DENIAL RESOLUTION APRIL 5, 1993 R:~S\STAFFRPT~$PA93.CC ,5127193 klb 7 ATrACHMI~NT NO. 1 PC RESOLUTION NO. 93-08 A RESOLUTION OF ~ PLANNING COMMIRSION OF ~ CITY OF TEMECUIA DENYING PA,q3-0038, MINOR CONDITIONAL USE PERMIT TO CONYERT AN EXISTING TEEN NIGHTCLUB INTO AN ADULT ONLY NIGHTCLUB AND TH'E SELLING AND ON-SITE CONSU54YFION OF ALCOHOL LOCATED AT 28812 FRONT STREET, SUITE 203, PARCEL NUMBER 922-093-002. WI~REAS, Charles Mitlch ~ed PA93-0038, Minor Conditional Use Permit in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; W1TEREAS, said Minor Conditional Use Permit application was processed in the time and manner prescribed by State and local law; WITEREAS, the Planning Commission considered said Conditional Use Permit on April 5, 1993 at which time interested persons had an opportunity to .testify either in support or opposition; VvqtEREAS, at the conclusion of the Commission hearing, the Commission recommended denial of said Conditional Use Permit; NOW, TI:IF. REFORE, ~ PLANNING COMMISSION OF TFrE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 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 folio-wing 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: B. The city is proceeding in a timely fashion with the preparation of the general plan. C. 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. R:XS\STAFFRPT~38PA93.pC 4/6/93 tj, 6 D. Pursuant to Section 18.28(e), no Conditional Use Penit may be'a~_unless the applicant demonstrates the proposed use will not be detrimental to the health, sifety and welfare of the community, and further, that any Conditional Use Permit approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. E. The Planning Commission, in denying the proposed Conditional Use Permit, makes the following f'mdings, to wit: 1. There is a reasonable probability that PA93-0038i, Minor Conditional Use Permit will be consistent with the City's future General Plan, Land Use Component which will be completed in a reasonable time and in accordance with State law due to the fact that the project is consistent with existing zoning of General Commercial and the Draft General Plan Land Use designation of Service Commercial. (Amended by Planning Commission on April 5, 1993.) 2. The proposed project is not consistent with Ordinance No. 348 since the use does not meet all the requirements of Section 18.28 of Ordinance No. 348 which requires that a proposed use not pose a threat to public health, safety and general welfare of the community. 3. The project, as proposed, will adversely affect the public health and welfare on the grounds the use will allow the selling and on-site consumption of alcohol in close proximity to the Temecula Teen Center and the Skate City skating rink. 4. The project, as proposed, would result in incompatible land uses on the grounds the use will allow the selling and on-site consumption of alcohol in close proximity to the Temecula Teen Center and the Skate City skating rink. 5. The proposed project is not subject to the California Environmental Quality Act per Section 15061Co)(3). Section 2. Environmental Compliance. The proposed project is not subject to the California Environmental Quality Act per Section 1-5061(b)(3). Section 3. Conditions. The City of Temecula Planning Commission hereby denies PA93-0038, Minor Conditional Use Permit to convert the existing teen nightclub to an adult only nightclub and allow the selling and on-site consumption of alcohol located at 28822 Front Street, Suite 203, APN 922-093-002. The project has been recommended for denial; therefore, no conditions have been prepared. R:\S\STAFFRPT~38PA93.pC 4/6/93 tjs 7 Section 4. PASSED, APPROVE. r~ AND ADOFrED this 5th day of April, 1993. I..INDA L. FAKEY I WE. RERy CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of April, 1993 by the following vote of the Commission: AYES: 5 NOES: 0 ABSENT: 0 PLANNING COMMISSIOn: BLAIR, CHINIAEFF, FAHEY, FORD, HOAGLA. ND PLANNING COMMISSIONERS: PLANNING COMMISSIOn: / GA.~Y THORNHILL SECRETARY R:\S\STAFFRPT~38PA93.pC 4/6/93 tim 8 ATTACHMENT NO. 3 PLANNING COMMISSION MINUTES APRIL 5, 1993 R:\S\STAFFRPT~SPA93.CC 5/27/93 klb 8 PLANNING COMMISSION MINUTES DRAFT APRIL 5.1993 retail uses. Bruce Wade, applicant, High Society Family Billiards, advised the Commission that he owns several billiards locations and has not received a citation for selling alcohol to a minor. Mr. Wade also advised that he does not sell alcohol unless you are playing a game of pool. It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to close the public hearing at 7:30 P.M. and recommend Adoption of Resolution No. 93- · approving PA 93-0025, Minor Conditional Use Permit based on the Analysis and Findings contained in the staff report and subject to the Conditions of Approval. The motion carried as follows: AYES: 5 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None Commissioner Chiniaeff restated that if parking becomes a problem for the center, parking may be restricted or must be provided, and could possibly impact future proposed leases for the complex. 8. PA 93-0038, Minor Conditional Use Permit Proposal to convert an existing teen night club to an adult night club located at 28822 Front Street, Suite 203, Temecula. Planner Craig Ruiz presented the staff report. Chairman Fahey questioned why the General Plan Consistency states that the site will likely be consistent with the City's future adopted. General Plan, when the proposed use poses a threat to public health, safety and general welfare. Debbie Ubnoske suggested that a ~)licy be a~lded requiring that the site be consistent with the General Plan's futu~ U_~'~~ Chairman Fahey opened the public hearing at 7:30 P.M. Chuck Bell, representing Industrial Developers, I 13 East Bay Avenue, Newport Beach, stated that the land use is contradictory in Items 1 and 4 and the applicant is proposing the legal use under the zoning of the site. He stated that staff did not include what would be detrimental to public health, safety and welfare, in drinking of alcohol in moderation. Mr. Bell stated that he feels there is less use at the Teen Center, than there was at the Teen Nightclub. He added that he feels the project is a significant distance from the Skating Rink and the Teen Center. Mr. Bell corrected PCMIN4/05/93 /--- -6- 419/93 PLANNING COMMISSION MINUTES DRAFT APRIL 5, 1993 that staff report description of the property by amending the 10,140 square feet to 4,800 square feet. Mr. Bell stated that the applicant had received no opposition from existing tenants. Sto~Vlitich, 28822 Front Street, Temecula, expressed that he feels the skating rink and the teen club are rarely used and the proposed club will not interfere with either of these projects. Leroy LeBlanc, 44041 Quiet Meadow Road, Temecula, spoke in opposition to the proposed project. Mr. LeBlanc stated that he experienced excessive noise and foot traffic during the operation of the teen nightclub. Don Alberts, 44089 Northgate Court, Temecula, spoke in opposition to the proposed project. Mr. Alberts advised 'that he also was negatively impacted by the teen nightclub. Mr. Alberts pointed out that he feels there was a relation to the opening of the teen nightclub and the increase in graffiti in his housing development. Stoh~Mitich stated that during the operation of the teen nightclub, if there were complaints from neighbors, the club operators would work with the neighbors to rectify the problem. Commissioner Chiniaeff stated that the staff reports indicates findings have been made which show that the project is not a compatible use, with the youth activities currently in the same area as the proposed project. Commissioner Blair concurred with Commissioner Chiniaeff. It was moved by Commissioner Chiniaeff, seconded by Commissioner Ford to close the public hearing at 7:55 P.M. and Adopt Resolution No. 93- denying PA93-0038, Minor Conditional Use Permit, based on the analysis and findings contained in the staff report. The motion carried as follows: AYES: 5 NOES: 0 COMMISSIONERS: COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey None Chairman Fahey declared a recess at 7:55 P.M. The meeting reconvened at 8:05 P.M. Develooment Aareement No. 92-1 (DA 92-1 ), Chanae of Zone No. 21 and Tentative Parcel MaD No. 27314 A request to subdivide a 96.7 acre parcel into 4 parcels and a 48.4 acre remainder parcel, a Development Agreement to ensure the development of the project as senior PCMIN4/05/93 -7- 4/9/93 '~ ATTACHMENT NO. 4 PLANNING COMMISSION STAFF REPORT APRIL 5, 1993 R:\S~STAFFRFI'~SpA93.CC $/27/93 klb 9 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 5, 1993 Case No.: PA93-0038, Minor Conditional Use Permit Prepared By: Craig D, Ruiz, Assistant Planner RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: ADOPT Resolution No. 93-_. denying PA93-0038, Minor Conditional Use Permit based on the Analysis and Findings contained in the Staff Report. APPLICATION INFORMATION APPLICANT: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED LAND USE DESIGNATION: EXISTING LAND USE: SURROUNDING LAND USES: Charles Mitich, Dimensions Nightclub A request to convert an existing young adult nightclub into a adults only nightclub which will allow the selling and on-site consumption of alcohol. 28822 Front Street, Suite 203 C-P (General Commercial) North: South: East: West: C-P (General Commercial) C-P (General Commercial) Interstate 15 (I-15) C-1/C-P (General Commercial) Service Commercial General Commercial North: South: East: West: Retail/Commercial Retail/Commercial Interstate 15 (I-15) Vacant R:\S\STAFFRPT\38PA93.pC 3131/93 t~ BACKGROUND On February 23, 1993, the applicant filed a Minor Conditional Use Permit (CUP) application in accordance with Ordinance No. 93-07 for the conversion of an existing young adult nightclub to an adult nightclub. Ordinance No. 93'07 requires a CUP for the establishment of bars and cocktail lounges. Originally, the young adult nightclub was approved through Administrative Plot Plan No. 153 in June of 1991. The applicant also received City Council approval for Conditional Use Permit No. 19 in April of 1992 for this same use. This additional approval was required as a result of a shooting incident that had occurred in March of 1992. This modification was filed as a Director approval; however because of concerns relating to compatibility of the proposed use, the matter was referred to the Planning Commission for consideration. PROJECT DESCRIPTION The proposed use is located at 28822 Front Street, Suite 203. The use occupies an approximately 10,140 square foot, two story suite. Presently, the site is used for the Dimensions young adult nightclub. The Minor Conditional Use Permit is a request to convert the existing nightclub into an adults. only nightclub and to allow the selling and on-site consumption of alcohol. ' ANALYSIS A Conditional Use Permit should not be granted unless the applicant demonstrates that the proposed use will not be detrimental to the health, safety or general welfare of the community. The location of the proposed use would be approximately 400 feet from both the Temecula Teen Center and Skate City skating rink. The Temecula Teen Center and Skate City skating rink are uses that cater primarily to minors. It should be noted that the Teen Center will relocate to the Community Resource Center upon completion of construction. However, the relocation is not anticipated to occur before January of 1994. While the location of this use is 28822 Front Street, the site is orientated to the I-15 freeway and is not visible to Front Street. The orientation of the building makes this use difficult to patrol and monitor by the Temecula Police Departr~ent. While this use is permitted in the General Commercial zone, in staff's opinion, the use in this particular location is not compatible with the surrounding uses. The Temecula Teen Center and Skate City will generally be open during the same hours as the proposed nightclub. The sale and on-site consumption of alcohol in close proximity to the Temecula Teen Center and Skate City skating rink would result in an incompatibility of land uses. The Alcohol Beverage Control Board (ABC) considers the Teen Center to be a sensitive use. Sensitive uses within 600 feet of a liquor license request are notified of such a request. If objections are raised, the appeal must go before a hearing body of the ABC. R:\S\STAFFRPT\38PA93.pC 3131193 tie 2 ZONING AND FUTURE GENERAL PLAN CONSISTENCy The project site is zoned C-P (General Commercial) and the adjacent parcels are also zoned General Commercial. While the proposed project is consistent with the requirements of the C-P Zone, the use is not consistent with Section 18.28 of Ordinance 348 which requires that a proposed use not pose a threat to public health, safety and general welfare of the community. The proposed Draft General Plan Land Use Designation is Service Commercial. It is anticipated that the site will likely be consistent with the City's future adopted General Plan. ENVIRONMENTAL DETERMINATION Staff has determined the project is not subject to the California Environmental Quality Act per Section 15061 (b)(3). SUMMARY/CONCLUSIONS While the project is consistent with Section 9.1 of Ordinance No. 348 (the General Commercial Zone) the proposed use does not meet the requirement of Section 18.28 of Ordinance 348 for Conditional Use Permits. Section 18.28 requires that proposed uses not pose a threat to public health, safety and general welfare of the community. Due to the proximity of the proposed nightclub to the Temecula Teen Center and the Skate City skating rink, the proposed use has the potential to pose a threat to the health, safety or general welfare of the community. FINDINGS e e There is a reasonable probability that PA93-0038, Minor Conditional Use Permit 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 project is consistent with existing zoning of General Commercial and the Draft General Plan Land Use designation of Service Commercial. The proposed project is not consistent with Ordinance No. 348 since the use does not meet all the requirements of Section 18.28 of Ordinance No. 348 which requires that a proposed use not pose a threat to public t~ealth, safety and general welfare of the community. The project, as proposed, will adversely affect the public health and welfare on the grounds the use will allow the selling and on-site consumption of alcohol in close proximity to the Temecula Teen Center and the Skate City skating rink. The project, as proposed, would result in incompatible land uses on the grounds the use will allow the selling and on-site consumption of alcohol in close proximity to the Temecula Teen Center and the Skate City skating rink. The proposed project is not subject to the California Environmental Quality Act per Section 15061 (b)(3). R:\S\STAFFRPT~38PA93.pC 3/31/93 tie 3 Attachments: 1. 2. Resolution - Blue Page 5 Exhibits - Blue Page 9 A. Vicinity Map B. Site Plan R:\S~STAFFRPT%38PA93.pC 3/31193 tie 4 ATTACHMENT NO. 5 APPLICANT'$ LETTER AND EXHIBIT R:\S\STAFFP, FZ~SPA93.CC 5/27/93 klb '~ 0 April.6, 1993 A PR 0 6 1993 !', .....i ~,,;..: . Exhibi=s 1 & 2 Use of Teen Center will be leaving shortly. The Teen Center closes at 10:00 p.m., far sooner than proposed club would close. Them is a wall between Teen Center and the subject property. Security guards would eliminate pot. ential loitering problems. There ere two buildings that physically separate the nightclub and skating rink. Skating rink would close far sooner than the proposed club. There is also a 3 ft. grade separation between the two properties. About 20-25 jobs can be created locally, We have taken measures to eliminate sound problems across the freeway by building a wall. Since then, we have received no complaints. This happened approximately one month after the club opened. Any potential problems can be resolved through the C.U.P. process. ITEM NO. 13 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning;'7'' June 8, 1993 Five Year Approval Period for Plot Plans, Public Use Permits, and Conditional Use Permits RECOMMENDATION: Direct staff to prepare an Ordinance allowing for two additional one-year extensions of time for plot plans, public use permits, and conditional use permits BACKGROUND On January 12, 1993, the County of Riverside Board of Supervisors adopted an Ordinance which allows for three (3) one-year extensions of time for plot plans, public use permits, and conditional use permits. Previously, the County's Ordinance allowed for one (1) one-year extension of time for these applications. On March 16, 1993, the City of Murrieta adopted a similar Ordinance. The City of Temecula's staff, in recognition of existing economic conditions, and in an effort to establish a consistent process between both the cities of Murrieta and Temecula, and the County of Riverside, initiated an amendment to Ordinance 348, Sections 18.28, 18.29 and 18.30 through the adoption of an Ordinance to allow for two (2) additional one-year extensions of time. The above recommendation was presented to the, City' Coordinating Committee and the Committee felt the additional extensions would be most helpful to the business community. It was also the consensus of the Coordinating Committee that the City of Temecula achieve a level of consistency with respect to length of approval with both the City of Murrieta and the County of Riverside. This matter was heard at the April 5, 1993 Planning Commission Hearing. The Commission was concerned that by allowing additional extensions of time there might be County cases still in the system that might be extended. Staff assured the Commission that this was not the case and the Commission voted 4-1, with Commissioner Hoagland opposed, to initiate an Ordinance allowing for two additional years for projects to be constructed. Commissioner Hoagland's concern was that the additional two years provided applicants too much time to construct their projects. It was the Commission's opinion, with Commissioner Hoagland in opposition, that the five year approval process would benefit businesses by providing them additional time in which to obtain funding and begin construction. R:\S\STAFFRPT\CCEOT.IViEM SI14193 tlb 1 FISCAL IMPACT While no formal fiscal impact study has been prepared, it is staff's opinion that a positive fiscal impact will be generated by allowing potential businesses an additional two years in which to obtain funding. In this economy, this additional time may provide businesses a greater opportunity to construct in the City and begin generating revenue for the City. R:\S~STAFFRPT~CCEOT.MEJVl 5/14/93 klb 2 ~'~', ITEM NO. 14 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER /Tj, CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning June 8, 1993 Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 3 - Linfield RECOMMENDATION: It is requested that the City Council: Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING DEVELOPMENT AGREEMENT NO. 92-1, CHANGE OF ZONE N0.21, AND TENTATIVE PARCEL MAP NO. 27314, AMENDMENT NO, 3 TO ENSURE THE DEVELOPMENT OF THE PROJECT AS SENIOR HOUSING, CONGREGATE CARE FACILITY, SKILLED NURSING, PERSONAL CARE, A NINE HOLE PRIVATE GOLF COURSE AND DEDICATION OF A 2.3 NET ACRE PARCEL TO THE CITY OF TEMECULA FOR A SENIOR CITIZEN CENTER, A ZONE CHANGE FROM R-R (RURAL RESIDENTIAL) TO R-3 (GENERAL RESIDENTIAL) AND TO SUBDIVIDE A 96.7 ACRE PARCEL INTO 4 PARCELS AND A 48.4 ACRE REMAINDER PARCEL LOCATED EAST OF TEMECULA HIGH SCHOOL, SOUTH OF RANCHO VISTA ROAD AND NORTH OF PAUBA ROAD. BACKGROUND The Planning Commission made a motion to approve Development Agreement No. 92-01, Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 3; however, the motion failed to pass on a 2-2 vote, resulting in a recommendation of denial with Commissioner Blair abstaining because of a conflict of interest. The Commission was concerned about the Development Agreement and the lack of environmental information, both of which resulted from the absence of a specific development proposal (i.e. Plot Plan). In the Commission's opinion, the Development Agreement was not flexible in regards to potential changes (i.e. lot sizes); they were also concerned that no specific project was proposed. It is necessary to provide a brief explanation on why a Development Agreement was for this R:~S\STAFFRPT\21CZ.CC 6/2/93 klb 1 project. Since the development of this project as a senior housing complex required a zone change from R-R to R-3, staff was concerned about the potential development of the site as a high density apartment complex permitted under the R-3 zone. One way to insure the development of the site as a senior housing complex as opposed to high density apartments was to record a Development Agreement. As a result, the zone change is tied to the developer's performance on the construction of the project as specified in the Development Agreement. The Development Agreement requires the developer to comply with a Development Schedule, (refer to Exhibit "C" of Attachment No. 3, Page 20 which is within attachment No. 3 of this report). It was the Commission's opinion that because there was no specific project proposal, the environmental impacts of this project could not be adequately assessed (i.e. noise and light impacts from the two schools on either side of the project which might raise an issue regarding the compatibility of the project with the adjacent schools). Furthermore, the Traffic Study only assessed the impacts of 240 dwelling units on Parcel 2 where 380 units could ultimately be built· The two Commissioner's who voted for the project requested that the Development Agreement be simplified to just require the development of a senior housing project and to allow an opportunity to further mitigate the environmental impacts of the project at the Plot Plan stage. The other two Commissioners felt they could not recommend approval of this project without the benefit of a specific development project (I.e. plot plan). FISCAL IMPACT None. Attachments: 2. 3. 4. Resolution No. 93- - Page 3 Draft Planning Commission Minutes (April 5, 1993) - Page 7 Planning Commission Staff Report (April 5, 1993) - Page 8 Development Fee Checklist - Page 9 R:\S\STAFFRPT~21CZ.CC 6/2/93 Id'o 2 ATTACHMENT NO. 1 RESOLUTION NO. 93- R:~SXSTAFFRI~T\21CZ.CC 6/2193 lab 3 ATTACItM~.NT NO. 1 RESOLUTION NO. A RESOLUTION OF ~ CITY COUNCIL OF THE CITY OF TEMECULA DENYING DEVEI OPMY-NT AGREEMF. NT NO. 92-1, CHANGE OF ZONE NO. 21, AND TENTATIVE PARCEI. MAP NO. 27314, AMENDMI~.NT NO. 3 TO ENSURE ~ DEVELOPMI~NT OF THE PROJECT AS SENIOR HOUSING, CONGREGATE CARE FACILITY, SKII.I.ED NURSING, PERSONAL CARE, A NINE HOLE PRIVATE GOLF COURSE AND DEDICATION OF A NET ACRE PARCEl. TO ~ CITY OF TEMECULA FOR A SENIOR CITIZEN CENTER, A ZONE CHANGE FROM R- R (RURAL RESIDENTIAL) TO R-3 (GENERAL RESIDENTIAL) AND TO SUBDIVIDE A 96.7 ACRE PARCEL INTO 4 PARCELS AND A 48.4 ACRE REMAINDER PARCEL LOCATED EAST OF TEMECULA HIGH SCHOOL, SOUTH OF RANCHO VISTA ROAD AND NORTH OF PAUBA ROAD. WI-W~REAS, Linfield School fried Development Agreement No. 92-1, Change of Zone No. 21, and Tentative Parcel Map No. 27314, 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 applications were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said applications on April 5, 1993, at which time interested persons had an opportunity to testify either in support or opposition; ~, at the conclusion of the Commission hearing, the Commission recommended denial of said applications; WHEREAS, the City Council conducted a public hearing pertaining to said applications on June 8, 1993, at which time interested persons had opportunity to testify either in support or opposition to said applications; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the applications; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RF-~OLVE, DETER.MINE AND ORDER AS FOLLOWS: R:\S\STAFFP, PT~ICZ.CC 6/2/93 kib 4 Section 1. Findings. That the Temecula City Council hereby makes the foilowing 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. Them is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. Them is little or no 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. 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, (hereina~er "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 Plano C. The City Council in denying the pr6posed applications, makes the following findings, to wit: Change of Zone No. 21 1. The impacts of the Change of Zone could not be determined on the surrounding properties due to insufficient information provided by the applicant. As a result, impacts such as glare, noise, and traffic likely to be increased by the proposed change of zone could not be adequately assessed and a presumption that the proposed zone change would have a negative impact on surrounding land uses was required to be made. Tentative Parcel Map No. 27314, Amendment No. 3 1. The Tentative Parcel Map could not be approved since the Change of Zone R:XS\STAFFRPT~21CZ. CC 612193 irdb 5 application was denied. Section 2. Conditions. That the City of Temecula City Council hereby denies Development Agreement No. 92-1, Change of Zone No. 21, and Tentative Parcel Map No. 27314, Amendment No. 3 to ensure the development of the project as senior housing, congregate care facility, skilled nursing, personal care, a nine hole private goff course and dedication of a 2.3 net acre parcel to the City of Temecula for a senior citizen center, a zone change from R-R (Rural Residential) to R-3 (General Residential) and to subdivide a 96.7 acre parcel into 4 parcels and a 48.4 acre remainder parcel located east of Temecula High School, south of Rancho Vista Road and north of Pauba Road. Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPT!~-!~ this 8th day of June, 1993. ATTEST: J. SAL MU OZ MAYOR June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS C/TY OF TEMECB) 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 June, 1993 by the following vote of the City Council: AYES: NOES: ABSENT: C OLrNCKIVIBIBERS: COLrNCRA4RMBERS: COUNC~LMB,IBERS: JUNE S. GI~R~ CITY CLERK R:XS\STAFFRPT\21CZ.CC 6/2/93 lab 6 ATTACHMENT NO. 2 DRAFT PLANNING COMMISSION MINUTES (APRIL 5, 1993) R:\S\STAFFP, PT~21CZ. CC 6/2193 klb 7 ATTACHMENT NO. 3 PLANNING COMMISSION STAFF REPORT (APRIL 5, 1993) R:\S\STAFFRPT~21CZ. CC 6/2/93 klb 8 PLANNING COMMISSION MINUTES APRIL 5, 1993 existing enants. Stoney Mit~ h, 28822 Front Street, Temecula, expressed that h~ the skating rink and the teen lub are rarely used and the proposed club will ~)~ interfere with either of these proje s. Leroy LeBlanc, 4 41 Quiet Meadow Road, Temecula spoke in opposition to the proposed project. r. LeBlanc stated that he experie ed excessive noise and foot traffic during the ope tion of the teen nightclub. nightclub. Mr. Alberts point out that he feel: here was a relation to the opening of t there were complaints from neighbors, the would work with the neighbors to rectify the problem. Commissioner Chiniaeff stated tha' ff reports indicates findings have been made which show that the project is no ible use, with the youth activities currently in the same area as the pro project. Commissioner Blair concurr with Commissio er Chiniaeff. It was moved by Commi io Chiniaeff, seconde by Commissioner Ford to close the public hearing at 7:55 .M. and Adopt Resolution o. 93- denying PA93-0038, M~nor Conditional Us Permi , based on the analysis a findings contained in the staff reiPort. ~ The motion cart' , I as follows: : : . ~lZ~re Ch~maeff For Hoagland Fahey Chairman declared a recess at 7 55 P M Th 05 P M , : . . · : . . 9. Development Aareement No. 92-1 (DA 92-1 ), Change of Zone No. 21 and Tentative Parcel MaD No. 27314 A request to subdivide a 96.7 acre parce~ into 4 parcels and a 48.4 acre remainder parcel, a Development Agreement to ensure the development of the project as senior housing, congregate care facility, skilled nursing, personal care, a nine hole private golf course and dedication of a 2.3 net acre parcel to the City of Temecula for a Senior PCMIN4/05/93 -7- 4t9193 PLANNING COMMISSION MINUTES APRIL 5, 1993 Citizen Center, and a Zone Change from R-R (Rural Residential) to R-3 (General Residential) located at Linfield Christian School, east of Temecula High School, south of Rancho Vista Road and North of Pauba Road. Commissioner Blair stepped down due to a conflict of interest and excused herself from the remainder of the meeting. Senior Planner Debbie Ubnoske presented the staff report. Ms. Ubnoske advised of minor changes to the Public Works Conditions of Approval and changes made to the Development Agreement by the Planning Department as follows: Page 6, 4.(b); Page 14, 16.3(e); and Page 15, 19.(f). Commissioner Chiniaeff expressed concern that the Development Agreement states that the environmental impacts of the agreement have been reviewed and the negative impacts have been mitigated, However no plot plan has been submitted. Planning Director Gary Thornhill clarified that the Development Agreement applies to the Tentative Parcel Map and the Change of Zone and not the Plot Plan. Chairman Fahey expressed concern that based on the conceptual plot plan, the applicant will not be able to get the proposed densities for the project with all the issues adequately mitigated. Chairman Fahey opened the public hearing at 8:25 P.M. Kim Eldridge, 41090 Avenida Verde, Temecula, Director of Development at the Linfield School, advised the Commission that the applicant understands that there are a lot of issues that will come up at the plot plan stage, however they are willing to work with the City in whatever respect they want to make sure that the project is compatible with what the City wants. Mr. Eldridge told the Commission that the applicant is trying to get the entitlemerits initially. Commissioner Hoagland expressed that he feels the idea of a senior center between two high schools is an incompatible use. Commissioner Chiniaeff stated that he does not have enough detail in the findings to make a decision on the compatibility of the project. Chait"man Fahey stated that she has no problems with the concept of the proposed project, however she is not satisfied with the language in the Development Agreement. Planning Director Thornhill advised the Commission they could refer this item back to staff for clarification of issues regarding the Development Agreement or continue the item and request the applicant to apply for a plot plan. PCMIN4/05/93 -8- 4/9/93 PLANNING COMMISSION MINUTES APRIL 5, 1993 It was moved by Chairman Fahey, seconded by Commissioner Ford to recommend to the City Council Change of Zone No. 21 and Tentative Parcel Map 27314, Amendment No. 3, provided the Development Agreement reflects the original intentions which were to restrict it to a senior project, requiring full mitigation of all issues at the plot plan stage. The motion carried as follows: AYES: 2 COMMISSIONERS: Ford, Fahey NOES: 2 COMMISSIONERS: Chiniaeff, Hoagland ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Blair PLANNING DIRECTOR'S REPORT Planning Director Gary Thornhill advised of the following: Advised the Commission of the outcome for property owners. Director Thornhill on April 7, 1993. a Old Town Specific Plan meeting that the next meeting will be Distributed a memorandum from Bria~ County Habitat Conservation Age~ Gnatcatcher as an endangered s .oew, Executive Director of the Riverside regarding the listing of the California Installation of the Sierra Tracki Invited the Commissioners tc Department. System has been completed at City Hall. 9 Draft Budget prepared for the Planning PLANNING COMMISSION DISCUSSI( Commissioner Hoagland comm~ Journal titled "How Well Do You staff on their ability to use the OTHER BUSINESS that he ad read an article in the Planning Commissioner Your Ti e" and Commissioner Hoagland complimented spent aetings very well. None PCMIN4/05/93 -9- 419/93 TO: FROM: DATE: SUBJECT: Planning Commission Gary Thornhill, Director of Planning April 5, 1993 MEMORANDUM Development Agreement No. 92-1, Change of Zone No..21, Tentative Parcel Map No. 27314, Amendment No. 3; Unfield School Prepared by: Saied Naaseh RECOMMENDATION: RECOMMEND Adoption of Negative Declaration for Development Agreement No. 92-1 ,' Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 3; and ADOPT Resolution No. 93- recommending Approval for Development Agreement No. 92-1, Change of Zone No. 21, and Tentative Parcel Map No. 27314, Amendment No. 3 based on the Analysis and Findings contained in the Staff Report, subject to the attached Conditions of Approval and subject to the City Council action on changing the land use designation of Parcel No. 2 from public Institutional to High Density Residential prior to adoption of the General Plan.'. BACKGROUND This project was continued from the March 1, 1993 Planning Commission meeting. At the March 1, 1993 meeting, two commissioners were absent and one stepped down due to a conflict of interest. Although an action could have been taken, the Commission recommended a continuance to allow for all the commissioners to hear the item. The public hearing was opened by the Commission and one person from the audience expressed some concerns about the conceptual site plan for the Linfield School site which was not under consideration that night. R:%S~STAFFRFT~7314.PC2 3/31/93 tie 1 ANALYSIS The only changes to the 'March 1, 1993 staff report are to the Public Works' conditions of approval. Tl%ese changes are very minor. The changes to the conditions of approval are for clarification purposes and do not change the content of the conditions. Staff is also recommending three changes to the Development Agreement. Following are the recommended changes to the Development Agreement: Paae 14 , "16.3. (e) Constitute a project requiring a Subsequent or Supplemental Environmental Impact Report pursuant to Section 21166 of the Public Resources Code." Staff is recommending that this be deleted. PaQe 6 "4.(b) Should the Owner: (i) fail to obtain all Subsequent Development Approvals to develop and complete the Project, or (ii) breach the Development Schedule, Owner agrees to City amending the land use designation to Low Medium Donaity Reaidontial or Public Institutional, and amending the zoning to Single Family Reoidontial (R 1) or Public Institutional." Staff is recommending that the amended language be approved. PaQe 15 "19.(f) Upon a findin. g of material breach of this Agreement, and the failure of Owner to successfully challenge the same in a court of law, City may not only terminate this Agreement, but also shall amend the land use designation of the Property to Public Institutional In,3titutionol or Low. Medium Dorv3ity Residential, and amend the zoning to Public Institutional Single Family Residential (FI 1 ); Owner further agrees to such amendments." Staff is recommending that the amended language be approved. Attachments: 2. 3. 4. 5. 6. Resolution No. 93- - Blue Page 3 Conditions of Approval - Blue Page 9 Development Agreement - Blue Page 26 Planning Commission Minutes, March 1, 1993 - Blue Page 27 Memorandum to Planning Commission, March 1, 1993 - Blue Page 28 Planning Commission Staff Report, March 1, 1993 - Blue Page 29 R:~S~STAFF~7314.PC2 3/31/93 tie 2 ATTACHMENT NO. 1 PC RESOLUTION NO. 93-' R:%S~STAFFRPT'%27314.pC2 3/31/93 tie 3 PC RE~OLUTION NO. 9:3- A RESOLUTION OF Ti:tY. PLANNING COMMISSION OF ~ CITY OF TI~!ECUIA RECO~ING APPROVAL OF DEVELO~ AGREEMEYr NO. 97.-1, CHANGE OF ZONE NO. 21 TO CHANGE ~ ZONING FROM R-R TO R-3, AND TENTATIVE PARCEL MAP NO. 27314, ~lvtt~r NO. 3 T0. SUBDIVIDE A 96.9 ACRE PARCEI, INTO FOUR (4) PARCF-L~I AND A Rb'~L4JNDER PARCEL SUBJECT TO ~ CITY COUNCIL ACTION ON CHANGING THF. LAND USE DF--~IGNATION OF PARCF. L NO. 2 OF TENTATIVE PARCEL MAP NO. 27314, AMEND~ NO. 3 FROM PUBLIC INSTITUTIONAL TO HIGH-DENSITY RESIDENTIAL LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO VISTA ROAD AND EAST OF ~ TEMECULA V.ALLEy mGH SCHOOL. WllF-REAS, The Lin~eld School filed Development Agreement No. 92-1, Change of Zone No. 21 and Parcel Map No. 27314, 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 applications were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said applications on April 5, 1993, at which time interested persons had an opportunity to testify either in support or opposition; WItF~REAS, at the conclusion of the Commission hearing, the Commission recommended approval of said applications; NOW, TIt'ER!~J~ORE, THE PLANNING COMMISSION OF ~ CITY OF TEMECULA DOES RF-~OLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant 'to Government Cede Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: general plan. The city is proceeding in a timely fashion with the preparation of the F~:%S%STAFFRPT%.27314.PC2 3/31/93 2. The planning agency finds, in approving projects and taking other actions, including the issuance of bufiding permits, each of the following: a. There is a reasonable pwbability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b.' There is little or no pwbability 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 hw and local ordinances. B. The Riverside County General Plan, as mended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorlxntiun 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 preparelion of its General Plan. C. The Planning Commission in recommending appwval of said applications makes the following findings, to wit: Development Agreement No. 92-1 General Plan. The City is proceeding in a timely fashion with the preparation of its 2. Them is a reasonable pwbability that the project will be consistent with the general plan proposal presen~y being considered subject to the City Council approving a High-Density Residential designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment No. 3, since the project wffi be compatible with surrounding uses and will carry out the policies intended for the General Plan. 3. There is little or no pwbability 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. 4. The project complies with all other applicable requirements of state hw and local ordinances. 5. The environmental impacts of the agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City appwvals for the project. R:%S~STAFFRFr1'~7314.PC2 3/31/93 tie 5 6. No other mitigation measures for environm~ntalimpacts created by the project, as presen~y approved shah be required for development of the project unless mandated by laws. 7. The City may, pursuant to and in ~ce with its rules, regulations, and ordinances, conduct an environmental review of subsequent discretionary entiflements for the development of the ~ or any changes, amendments, or modifications to the property. The City, as a result of such review, my impose additional measures (or cOnditions) on studies to mitigate as. permitted by law the adverse environmental impacts .of. such development enti~ement which Were. not considered or mitigated at the time of approval of the .project. Change of Zone No. 21 1. There is a reasonable probability that Change of Zone No. 21 will be' consistent with the City's future General Plan subject to the City Council approving a High- Density Residential designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment No. 3, which will be completed in a reasonable time and in accordance with State Law, due to the fact that the future development of the site wffi be controlled by a Development Agreement which is consistent with City'S policies for the new General Plan. ' 2. There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 21 is ultimately inconsistent with the plan, due to fact that the development of the site wffi be controlled by a Development Agreement which is consistent with the City's policies for the future General Plan. Tentative Parcel Map No. 27314. Amendment No. 3 1. Them is a reasonable probability that Tentative Parcel Map No. 27314, Amendment No. 3 wffi be consistent with the City's future General Plan subject to the City Council approving a High-Density Residential designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment No. 3, 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. 2. Them 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 future development of the site will be controlled by a Development Agreement which is consistent with the City's policies for the new General Plan. 3. 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). s health or welfare. The project as designed and conditioned will not adversely affect the public R:~S%STAFFRFT~7314.pC2 3/31/93 tie 6 5. The project is compatible with surrounding land uses since the proposal will not have a negative impact on the existing school sites to the east and west and the existing and propose~. single-family dwellings to the north and south. 6. The project has acceplable access to dedicated rights-of-way which ar~ Open to, 'and useable by, vehicular inf~. The project draws access from Pauba Road and Rancho Vista Road, improved dedicated City rights-of-way. Project access, as designed and condi~oned, conforms with applicable City lv,-ngineering standards and ordinances. 7. The proj~t as designed and condi~o~ed will not adversely affect the built or natural environment as determined in the Environmental Analysis' for this project. 8. 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. F.. As conditioned pursuant to Section 3, the Paw~l Map proposed is compatible with the health, safety and weftare of the COmmUnity. Section 2. Environmental Compliance. An Initial Study prepared for this project indicates that .the proposed project will not have a significant impact on the environment with the incorporation of the mitigation measures into the project design, and a mitigated Negative Declaration, is hereby granted. Section 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Development Agreement 92-1, Change of Zone No. 21, and Tentative Parcel Map No. 27314, Amendment No. 3-located north of Pauba Road, south of Raneho Vista Road and east of the Temecula Valley High School subject to City Council approval of a High- Density Residential designation for Parcel No. 2 of Parcel Map No. 27314, Amendment No. 3 and subject to the following conditions:. A. Attachment No. 3, attached hereto. R:%S%STAFFRPT~27314.PC2 3/31/93 tie 7 Section 4. PASSED, AI'FROVI~ AND ADOPTED this 5th day of April, 1993. I HER!~,Ry CERTIFY that the foregoing Re~lution .was duly adopted by the Planning Commission of the City of Temecuh at a regular meeting thereof, held on the 5th .day of April, I993 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: G~Y~ORN'HHJ, S~RET~Y R:%S%STAFFRP1~7314.pC2 3/31/93 tie 8 ATTACHMENT NO. 2 CONDITIONS OF APPROVAL R:%S~STA,","~,~"T%27314.pC2 3/31/93 tie 9 PLANNING DEPARTMENT CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No. 27314, Amendment No. 3 Project Description: To create four (4) parcels and a remainder parcel Assessor's Parcel No.: 955-020-002 Approval Date: Expiration Date: .. " WITHIN FORTY-BGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT The aPplicant/developer shall deliver to the Planning Department a cashier's check or money order payable to the County Clerk in the amount of One Thousand Three Hundred dollars ($1,300.00), which includes the On Thousand Two Hundred and Fifty Dollar ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Fifty. Dollar (e50.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 California Code of Regulations 15075. If within such forty- eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). GENERAL REQUIREMENTS The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 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. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, it agents, officers, and employees from any claim, action, or proceeding against the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 27314, 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. If subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Planning Director. The project and all subsequent projects within this site shall be subject to Development Agreement No. 92-1. R:~S~STAFFRFT~7314.PC2 3/31/93 tj8 10 10. 11. The applicant shall consult the Army Corps of Engineers and the California Department of Fish and Game prior to designing the site plan for the project to mitigate the impacts to the wetlands as identified in the Figure 2 of Biological Report which includes the unve{}etated alluvial wash and the Southern Willow Scrub. A proof of this consultation shall be submitted to the Planning Department along with the Plot Plan or Conditional Use Permit applications. These applications shall not be deemed complete without the proof of consultation with both of these agencies. All-development proposals within this project shall be subject to further approvals of the City of Temecula which include but are not limited to Plot Plans' and Conditional Use Permits. A full disclosure shall be made to all prospective residents, whether buyers or renters, that the existing Temecula Valley High School football stadium, tennis courts and other related facilities will be used extensively for ball games, practices, rock concerts and community activities. These events occur during both the daytime and evening hours and will generate considerable noise and light. The Temecula Valley Unified School District will not accept responsibility for the impact that these activities may have on the neighboring complexes, nor will any of these conditions be subject to mitigation by the district. The disclosure shall be made at the time of initial marketing and through individual grant deeds. The specific form of the disclosure shall be approved by the Planning Director and the City Attorney prior to issuance' of building permits. The proposed project will be impacted by the Temecula Valley High School stadium noise and light. The following shall be implemented prior to approval of any Plot Plans or Conditional Use Permits: A noise study shall be submitted. This study shall examine the impact of the stadium on the proposed residences. Mitigation measures shall be included in the study including but not limited to building setbacks from the westerly property line, walls, landscaping, building orientation and building design. These mitigation measures shall reduce the maximum interior noise level to 45 Ldn and the exterior noise level to 65 Ldn. Tests shall be conducted during sporting events and other special events scheduled for the stadium. A light impact study shall be Submitted. Mitigation measures shall be incorporated into the project design including but not limited to building setbacks from the westerly property line, walls, landscaping, building orientation and building design. These .mitigation measures shall reduce the impact to a level of insignificance as determined by the Planning Director. The entrance gates to the private roads in the multi-family senior complex, if proposed, shall be set back sufficiently to allow for stacking of cars to avoid blocking the right:of- way. This condition shall be complied with prior to approval of the Plot Plan. A pedestrian friendly circulation system shall be designed tO separate the pedestrian and auto circulations by linking parking lots, building and recreation areas together by accent paving, cross walks, lighting, landscaping and signage. R:~,SLSTAFFRPT~7314.pC2 3/31/93 tim 11 12. The architecture and the landscaping of the project shall take into account the surrounding single-family units and schools and effectively buffer them with landscaping or create a pleasing facade to the neighboring properties especially the single;family units. PRIOR TO ISSUANCE OF GRADING PERMITS 13. 14. A Mitigation Monitoring Program shall be submitted to and approved by the Planning Director. A copy of the ROugh Grading plans shall be submitted ;~o and approved by the Planning Director. . 15. A Biology Study shall be prepared for the subject pr'operty by a Biologist and submitted to the Planning Director for review. Should Stephens' Kangaroo Rat (Dipodomys' stephensi) habitat or other sensitive habitat be determined to exist upon the site, then mitigation measures shall be included in the Mitigation Monitoring Program. If no habitat is determined to exist, then 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. 16. 17. A qualified Paleontologist/archaeologist shall be chosen by the developer and approved by the Planning Director for consultation and comment on the proposed grading with respect to potential Paleontological/archaeological impacts. Should the Pa. leontologist/archaeologist find potential is high for impact to significant resources, pnor to commencement of the grading operations a meeting between the Paleontologist/archaeologist, Planning Director staff and the excavation and grading contractor shall be arranged. Mitigation measures shall be approved by the Planning Director and included in a Mitigation Monitoring Program. When necessary, the Paleontologist/archaeologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. The following shall be submitted to'and approved bY the'Planning Director: A. A copy of the Conceptual Landscape Plans to include: (1) Drought tolerant plants. (2) All plants meeting the following minimum size requirements: (a) (b) (c) All trees shall be a minimum of 15 gallon with at least 50 percent of trees with a minimum of 24 inch box. All shrubs shall be a minimum of 5 gallons. All ground cover shall be a minimum of 8" on the center R:%S%STAFFRPT%.27314.pC2 3/31/93 (3) Landscaping for the following: (a) The golf course. (b) Typical slope conditions. (c) Private common areas including all improvements. (d) Shrub planting to completely screen perimeter walls .adjacent to a public right-of~way equal to sixty-six (66) feet or larger. (e) Parkways. (f) All other interior landscaping. {g) Screening the residences on Parcel No. 2 from the stadium with a combination of different species of fast growing and tall trees. {h) All existing trees. Any existing trees that are removed as a result of this project shall be replaced with a ratio of 5:1. This replacement shall be over and above other ordinance requirements, (4) Hardscaping for the following: (a) Pedestrian trails within private common areas. (5) The height, location and the following materials for all walls and fences: (a) DecOrative block for the perimeter of the project adjacent to a public right-of-way equal to sixty-six (66) feet or larger. (b) Wrought iron or decorative block and wrought iron combination to take advantage of views. '. (c) Wood fencing shall be used 'only in the interior of the project. A copy of the construction, landscape and irrigation plans consistent with the conceptual landscape plans. Ce A Security Performance Bond shall be secured with the Planning Director to insure the installation of landscaping along the westerly property line to screen the high school stadium immediately after grading operations have been completed. PRIOR TO RECORDATION OF THE FINAL MAP 18. The following shall be submitted to and approved by the Planning Director: A. A copy of the Final Map R:%S%STAF~?314.PC2 3/31/93 tj~ 13 A copy of the Rough Grading Plans A copy of the Environmental Constraint Sheet (ECS) with the following notes: (1) 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 recommendations. (2) .The 100 year flood plain areas shall be delineated. ' ' (3) Drainage easements shall be' kept free of buildings and obstructions. (4) A fifty (50) foot wide easement shall be recorded on both sides of the wetland habitats as identified in the Biological Report and shall be designated a biological open space. The area within this easement may be incorporated into the design of the golf course. (This condition may be waived by the Planning Director if the applicant submits proof of mitigation acceptable to the Department of Fish and Game and the Army Core of Engineers that waves the requirement for this easement). A copy of the Covenants, Conditions, and Restrictions (CC&R's) (1) CC&R's shall be reviewed and approved' by the Planning Department. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. (2) 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 for provisions required 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. (3) 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) a share in the corporation, or voting membership in an association owning the common areas and facilities. R:LS~STAFFRRr~7314.PC2 3/31/93 tie 14 PRIOR TO ISSUANCE OF BUILDING PERMITS 19. No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer/owner or his/her sucCessor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one- hundred dollars ($100.00) per lot/unit shall be deposited with the City as mitigation for public library development. 20. A 9400.00 per dwelling unit fire mitigation fee shall be assessed prior to issuance of 'building permits. 21. A phasing plan shall be submitted to and approved by the Planning "Director for the installation of the landscaping for parcel 2. 22. Roof-mounted mechanical equipment shall not be permitted within the of the' subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Director approval. 23. A copy of the construction, landscape and irrigation plans consistent with the conceptual landscape plans shall be submitted and approved. PRIOR TO ISSUANCE OF OCCUPANCY PERMITS 24. If deemed necessary by the Planning Director, the applicant shall provide additional landscaping to effectively screen various components of the project. 25. The applicant shall sign an agreement and/or post a bond with the City to insure the maintenance of all landscaping within each parcel for a period of one year. 26. All the conditions of approval shall be complied with to the satisfaction of the Director of Planning, Public Works, Community Services and Building and Safety. 27. All landscaping for parcels 1,3 and 4 shall be installed. 28. The landscaping for 'parcel 2 shall be installed according ~.o a phasing plan. PUBLIC WORKS DEPARTMENT GENERAL REQUIREMENTS 29. It is understood that the developer correctly shows on the tentative map 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. 30. A Grading Permit for either rough or precise (including all on-site 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. R:%S~STAFFRFT~27314.PC2 3/31/93 tie 15 31. 32. 33. PRIOR 34. ,35. 36. 37. 38. 39. 40. 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. All improvement plans, grading plans, and 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 A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations, shall be submitted to the Riverside County Flood Control and Water .Conservation District for approval prior to recordation of the final map or issuance of any permit. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. The final grading plan shall be prepared by a registered Civil Engineer end 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. The 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. The developer shall receive written clearance from the following agencies: · San Diego Regional Water Quality · Riverside County Flood Control and Water Conservation District · Planning Department · Department of Public Works' · Riverside County Health Department · Community Services District · General Telephone · Southern California Edison Company · 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. R:LSLSTAFFI:~7314.pC2 3/31/93 tie 16 41. 42. 43. 44. 45. 46. 47. 48. 49. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping, or provided with other erosion control measures as approved by the 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 Riverside County Rood Control and Water Conservation District prior to issuance of permits. if the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be ·paid.. The developer shall obtain any necessary letters of approval .or easements for any off: site work performed on adjacent properties as directed by the Department of Public Works at no cost to any agency. The developer 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 developer shall provide adequate facilities as approved by the Department of Public Works. The developer shall protect downstream properties from damage 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, or by incorporating on-site detention basin facilities such that the downstream 100-year 'Q' is not increased as a result of. the development of this project. 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. A permit from the Riverside County Flood Control and' Water 'Conservation District is required for work within their right-of-Way. A site balanced mass grading plan for the entire project shall be approved by the Department of Public Works prior to the issuance of any individual parcel's grading permit and the individual grading plan shall conform to the mass grading plan. Prior to the issuance of an individual parcel's grading permit, the associated future site plan shall be approved. It is understood that the project site plan as submitted is for the purpose of reviewing non-engineering issues. Specific engineering criteria will be evaluated with future site plan applications. Proposed future site plans shall include, but not be limited to, the following elements: Existing and proposed storm drain facilities shall be shown on the future proposed site plans along with associated easemerits. A drainage study shall be provided to indicate said facilities and verify the adequacy of existing R:%S%STAFFRPT~7314.pC2 3/31/93 tie 17 50. 51. downstream facilities, otherwise the drainage study shall address the requirements for on-site detention facilities designed to accommodate the 100- year design runoff without negatively impacting the downstream facilities. Proposed and existing sewer mains and lift station(s) shall be shown on future site plans to ensure adequate service and readily available fall for the proposed project. ' Proposed' and existing water mains..shall be shown on future site plans to ensure that-service is readily available to the' proposed project. Private roads included in future site plans MUST be designed to meet City Public Road Standards or otherwise approved by the Department of Public Works. This should include but may not be limited to: Minimum road widths of 32-feet paved with 50-feet/60-feet right-of-ways or easements (shown on typical section). Knuckles being required at 90° 'bends' in the road. Separation between on-site intersections shall meet current City Standards (200-ft. minimum). Cul-de-sac geometrics shall meet current City Standards. Minimum safe horizontal centerline radii shall be required (all centerline radii should be identified on the site plan). 90° parking immediately adjacent to the private streets shall be located a minimum safe distance from intersections. Distance to the nearest existing off-site access point on Rancho Vista Road and · Pauba Road shall be identified on the site plan. Identify whether gates will be proposed at entrances to project. If so, configuration, stacking distance, and turn'around ability will need to be reviewed and approved by the Fire Department and the Department of Public Works during the Site Plan review stage. All intersections shall be perpendicular (90°). All driveways providing access to two or more buildings shall be designed as a cul-de-sac or a loop road. The future site plan application for the Senior Center shall reflect the rec~uirement for a turn-around at the end of the driveway or loop extended around the buildings. R:%S\STAFFRPT%27314.pC2 3/31/93 tim 18 52. 53. 54.. PRIOR 55. 56. 57. The grading plan shall be designed to reflect the relocation of the existing reservoir on the easterly edge of the project to be wholly contained within the remainder parcel. The preliminary soils report submitted in conjunction with the project grading plan shall addreiss the dike design necessary to accomplish this. The grading plan shall be designed to reflect the relocation of the existing access road to school facilities within the remainder parcel off-site. Site plan applications which include development impacts over and above' those. identifie~l in the approved Tentative Parcel Map/Development Agreement Traffic Study (dated June, 1992) shall include an updated traffic study. This study may include, and the Department of Public Works may condition, additional mitigation measures as warranted. TO THE ISSUANCE OF ENCROACHMENT PERMITS All necessary grading permit requirements shall have been completed and approved. 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 Traffic 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: Flow line grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Be Driveways shall conform to the applicable City of Temecula Standard Nos. 207/207A and 401 .(curb and sidewalk). Street lights shall be installed. along the public streets adjoining the site in accordance with Ordinance No. 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 Nos, 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 No. 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 Departmen~ of Public Works. R:~,S%STAFFRPT~7314.PC2 3/31/93 tj8 19 58. 59. 60. 61, 62, 63. PRIOR 64. 65. 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 shall be conveyed through under-sidewalk 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 shall be required for review and approval by the Department of Public Works. 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. All conditions of the grading permit and encroachment. permit shall be complied with to the satisfaction of the Public Works Department. 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 Any delinquent property taxes shall be paid. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements within 18 months 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; Storm drain facilities; '- Landscaping (slopes and parkways); D. Erosion control and slope protection; E. Sewer and domestic water systems; and R:~.S%STAFFRPT~27314.PC2 3/31/'93 tie 20 66. 67. 68. 69. 70. 71. F. 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: · · · · · · · · · · San Diego Regional Water Quality Rancho California Water District Eastern Municipal Water District Riverside County Rodd Control and Water Conservation District City of Temecula Fire Bureau ' ' Planning Department Department of Public Works " Riverside County Health Department CATV Franchise Community Services District General Telephone Southern California Edison Company Southern California Gas Company Fish and Game Army Corps of Engineers 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. Complete half-street improvements in Pauba Road and Rancho Vista Road shall be provided, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 102 (88-ft/64-ft). The developer shall make a good faith effort to acquire the required off-site property interests, and if he/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, Sections 66462 and 66462.5. Such agreement shall provide for payment by the developer of all costs incb~red '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 Pauba Road and Rancho Vista Road and so noted on the final map with the exception of those access points and intersections recommended per the approved Traffic Report and identified on the approved Tentative Parcel Map. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Pauba Road and Rancho Vista Road and shall be included in the street improvement plans. R:%S%STAFFRPT~73'I4.PC2 3/33/93 tjo 2 1 72. Plans for a traffic signal shall be recommended by a registered Traffic Engineer and shall be signed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Pauba Road and Margarita Road and shall be included in the ~treet improvement plans with the second plan check submittal, 73, A school zone signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the school site within this project. This will be separate from the street improvement plans and will cover any and all · streets necessary to provide the appropriate signing and striping, 74. Prior to designing any of the above plans, contact the 'Department of. Public ,Works fo~ the design requirements, 75. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. 76. A Transportation Demand Management program will be required. 77. Corner property line cutoff shall be required per Riverside County Standard No, 805, 78. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 79. 80. 81. 82. 83. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property, An easement for a joint use driveway shall be provided prior to approval of the final' map or issuance of building permits, whichever occurs first. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted 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 following information shall be on the ECS: The delineation of the area within the 100-year floodplain; Special Study Zones. The developer shall comply with all constraints which may be shown upon an ECS recorded with any underlying maps related to the subject property. R:~S%STAFFRPT~7314.pC2 3/31/~3 tie 22 84. 85. 86. 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 the 'traffic signal mitigation fee, he may enter into ~ written agreement with the City deferring said payment to the time of issuance of a building permit. The developer 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, A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer, and City attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and approved by the City and recorded. The CC&R's shall be submitted to the following Engineering conditions: The CC&R's shall be prepared at the developer's sole cost and expense. The CC&R's shall be in the form and content approved by the Director of Planning, City Engineer, and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem'necessaryto protect the interest of the City and its residents. The CC&R's and Articles of rncorporation of the Property Owner's Association are subject to the approval of Planning, Department of Public Works, and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and related facilities. The CC&R's shall pro. vide that if the property is .not maintained in the Condition required by. the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the' property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. (1) All parkways, open areas, on-site slopes and landscaping shall be permanently maintained by the association or other'means acceptable to the City. Such proof of this maintenance shall be submitted to Planning and the Department of Public Works prior to issuance of building permits. R:%S%STAFFRPT~27314.PC2 3/31/93 tim 23 PRIOR 87. 88. 89. PRIOR 90. 91. 92. (2) Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by CC&R's or by deeds and shall be recorded concurrent with the map, or prior to the issuance of building permit where no map is involved. TO ISSUANCE OF BUILDING PERMITS 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 ~egistered Traffic Engineer for location and ele~/ation, and the Soils Engineershall 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. The 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. The 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, the 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 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 traffic signal at Pauba Road and Margarita Road shall be installed and operational per the special provisions and the approved traffic signal plan. (At the developer's request, the City will enter into a reimbursement agreement for costs over and above the approved project's impacts, as dictated by future approved traffic studies.) R:\S%STAFFRFrFL27314.PC2 3/31/93 tie 24 93. All school zone signing and striping shall be installed per the approved school zone signing and striping plan. 94. The developer shall provide 'STOP" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 95. 96. Landscaping shall be limited 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 Pub!ic Works. o Asphaltic emulsion (fog seal) shall be .aPplied only as directed by the Department of' Public Works at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. OTHER AGENCIES 97. The applicant shall comply with the environmental health recommendations outlined in the Riverside County Health Department's transmittal dated July 1, 1992, a copy of which is attached. 98. The applicant shall comply with the fire improvement recommendations outlined in the County of Riverside Fire Department's letter dated May 4, 1992, a copy of which is attached. 99. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated March 12, 1992, a copy of which is attached. 100. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated May 7, 1992, a copy of which is attached. 101. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated March 2, 1992, a copy of which is attached. 102. The applicant. shall comply With the recommendations outlined in the. Temecula Community Services District transmittal dated August 12, 1992, a copy of which is attached. R:~SXSTAFFRFT~7314.PC2 3/31/93 tie 25 ATi'ACHMENT NO. 3 DEVELOPMENT AGREEMENT R:%S%STAFRRPT~7314.pC2 3/31/93 t~ 26 RECORDED AT THE REQUEST OF City Clerk City of Temecula WEEN RECORDED RETURN TO City Clerk City of Temecula 43174 Business Park Drive Temecula, CA 92590 DEVELOPMENT CITY OF. TEMECULA and THE LINFIELD SCHOOL R:~STA~D.TWO 3/31/93 ~s - 1 - DEVELO~ BETWEEN CITY OF TEM~CULA and THE LINFIELD SCHOOL .This Development Agreement ("Agreement.) iS entered into to be effective on the dace it is recorded with the Riverside County Recorder (the "Effective Date.) hy and among the' City of Temecula, a California municipal"corporation ('City") and the persons and entities listed below ("Owner"): THE LINFIELD SCHOOL RECITALS A. The legislature of the State of California has adopted California Government Code Section 65864-65869.5 ("Development Agreement Legislation") which authorizes a city to enter into a binding development agreement with persons having legal or equitable interests in real property located within a city's municipal boundaries for the development of such property. B. Pursuant and subject to the Development Agreement Legislation, the City's police powers and City Resolution No. 91-52, City is authorized to enter into binding agreements with persons having legal or equitable interest in real property located within the City's municipal boundaries under which such property may be developed in the City. C. In lieu of obtaining approval of'a Specific Plan for the development of the Property, Owner has requested City to consider entering into a development agreement relating to the Property. D. By electing to enter into this Agreement, City shall bind future members of the City. Council of City by. the obligations specified herein and further.limit the future' exercise of certain governmental.and proprietary powers of and members of the City Council. E. The terms and conditions of this Agreement have undergone extensive review by the staff of the City and the City Council of City and have been found to be fair, just and reasonable. ' F. City finds and determines that it will be in the best interests of its citizens and th$ public health,. safety .and welfare will be served by entering into this Agreement. G. All of the procedures of the California Environmental Quality Act have been met with respect to this Agreement. H. City was incorporated on December 1, 1989. Pursuant to California Government Code Sections 65360 and 65361, the City has forty-two (42) months following incorporation to prepare and adopt a general plan. During this 42-month period, the City may approve development projects without being subject to the requirement that its decisions be consistent with the R:~STA~Ln,TWO 3~1~ ~s - 2 - general plan so long as the findings set forth in Section 65360 and the conditions of approval of the California Office Of Planning.and Research are met. "I. Pursuant to City Ordinance No. 90-4, the City has adopted the County of Riverside's land use, subdivision and mitigation fee ordinances as amended by City Ordinance Nos. 90-05 through 92-15. Pursuant to City ResOlution No. 90-31, the City has adopted the Riverside County Southwest Area Co~iunity Plan ("SWAP"), as a planning _~uideline during the preparation of the City's General Plan. ' .. . J. The City Council of City hereby finds and determines.that: (1) The City is proceeding in a timely fashion with the preparation of its general plan. (2) There is a reasonable probability that the Project will be consistent with the draft general plan proposal presently being considered. (3) 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. (4) The Project 'complies with all other applicable requirements of state law and local ordinances. K. Owner is the fee owner of a ninety-six and nine- tenths (96.9) acre parcel of undeveloped land located South of Rancho Vista Road, east of Temecula Valley High School and north of Pauba Road, hereinafter referred to as the "Property" as described in Exhibit "A" attached hereto and made a part herein by this reference. This Agreement applies to the development of a forty-eight and three-tenths (48.3)'acre portion of the Property, comprised of Lots 1-4 of Tentative Parcel Map No 27314. ' L. City and Owner;desire that the Property be developed as a Senior Citizen Housing Development.as further described herein.. ' M. The City Council of City hereby finds and determines that: (1) The environmental impacts of this Agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City approvals for the Project. (2) No other mitigation measures for environmental impacts created by the Project, as presently approved shall be required for development of the Project unless mandated by law. (3) City may, pursuant to and in accordance with its rules, regulations, and ordinances, conduct an environmental review of subsequent discretionary entitlements for the development.of the Property or any changes, amendments, or modifications to the Property. The City, as a result of such review, may impose additional measures (or conditions) to mitigate as permitted by law the R:~AFFRI~.TWO 3~|~ ~, - 3 - adverse environmental impacts of such development entitlement which were not considered or mitigated at the time of approval of the Project. (4) Should the Owner propose more than 240 dwelling units for parcel 2 of the property then the · environmental impacts of those additional units shall be evaluated, and the City may condition the project as-necessary to mitigate such additional units. N. Within forty-eight (48) hours of the effective date of this Agreement, Owner shall deliver to'the Planning department a check payable to the County Clerk in the amount of One Thousand Two Hundred Seventy~Five Dollars (1,300.00),.which i~cludes the One Thousand Two Hundred Fifty Dollars ($1,250.00) fee required by Fish and Game Code Section 711.4(d)(2) plus the Twenty-Five Dollar ($50.00) 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 15075. If within such forty-eight (48) hour period the Owner has not delivered to the Planning Department the check required above, this Agreement shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). O. City Council of City has approved this Agreement' -by Ordinance No. adopted on , 1993, and effective on , 1993. 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: 1. Definitions. In this Agreement, unless the context.otherwise requires: (a) "Congregate Care Facility, is a congregate care residential facility developed pursuant to Riverside County Ordinance No. 460, and Sections 8.1, 8.2, 19.101, 19.102 and 19.103 of Riverside County Ordinance No. 348. (b) "City" is the City. of Temecula. (c) "Development Approvals".means all those discretionary land. use entitlements necessary to develop the Property, including, but not limited to, zoning changes, tentative subdivision maps, plot plans, and conditional use permits. (d) "Development Exaction" means any requirement of City in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. (e) "Development Plan" means the development of the Property as depicted in Exhibit G. (f) "Existing Development Approvals" means those certain Development Approvals in effect as of the effective date of this .Agreement with respect to the Property, including, R:~S~STAFFRPT~L~rF~uLD.T~/O 3]3|/93 ~s - 4 - without limitation, the "Existing Development Approvals" listed in Exhibit B which were approved by the City of Temecula. (g) "Land Use Regulations. means all ordinances, resolutians, codes, rules, regulations and official policies of City, governing 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 for public purposes, and the design, improvement and construction standards and specifications applicable.to the development of the Property which are a matter of public record on the Effective Date of this Agreement. "Land .Use Regulations. does not include any County or City ordinance, resolution, code, rule, regulation, or official policy, governing: (1) The conduct of businesses, professions, and occupations; (2) Taxes and assessments; (3) The control and abatement of nuisances; (4) The granting of encroachment permits and the conveyance of right~ and interests which provide for the use of or the entry upon public property; (5) The exercise of the power of eminent domain. (h) "Senior Citizen Housing Development. means a multi-family development intended for persons 55 years of age or older, as further defined at' California Civil Code Section 51.3. (i) "Subsequent Development Approvals. means all Development Approvals required subsequent to the Effective Date in connection.with development of the Property. (j) "Project" is the development of the Property with the following specific uses: (i) multifamily senior housing complex; (ii) congregate care facility; (iii) skilled nursing facility; (iv) personal care facility, and (v) Seniors' Corfu.unity Center; and (vi) a nine (9) hole private golf course. (k) "Owner. means the person having a legal interest in the Property; i(1) "Subsequent Land Use Regulation. means any. Land. Use Regulation adopted and effective.after the Effective Date of this Agreement. (m) "Property" is the real property referred to in Exhibit "A". 2. Interest of Owner. Owner represents that he has a legal interest in the Property and that all other persons holding legal or equitable interests in the Property are to be bound by this Agreement. 3. Exhibits. The following documents are referred to in this Agreement, attached hereto and made a part hereof by this reference: R:'~STAF~iNFIELD.TWO 3/31/93 Ijs - 5 - Exhibit Des ignat ion Description Legal Description of the Property Referred to in Paragraph K B Existing Development 1 (f), 15.2 Approvals C DevelOpment Schedule .. .- 9, 10 D Public Facility Fee .. 14.2 Agreement E Fee Credit 14.3 F Deed Restriction 10 G Developmept Plan 9 '4. Term. . (a) The term of this Agreement shall commence on the Effective Date and shall extend for a period of ten (10) years thereafter, unless this Agreement is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto. (b) Should the Owner: (i) fail to obtain all Subsequent Development Approvals to develop and complete the Project, or (ii) breach the Development Schedule, Owner agrees to City amending the land use designation to Public Institutional, and amending the zoning to Public Institutional. (c) Notwithstanding any other provisions of this Agreement, upon the sale or lease of any lot, dwelling or unit to a member of the public or other ultimate user, this Agreement shall terminate with respect to any such lot, dwelling, unit or space, and such lot, dwelling-, unit..Or space shall be released and no longer be subject'to this Agreement without the execution or recordat'ion of any further document upon satisfaction of both of the'following conditions: (1) The lot has been finally subdivided and individually (and not in "bulk") sold or leased to a member of the public or other ultimate user; and, (2) A Certificate of Occupancy has been issued for a building or the lot, and the fees set forth under Section 14 of this Agreement have been paid. Notwithstanding the sale of any individual lot, dwelling, unit or space as set forth herein, the Owner shall remain liable to perform any and all outstanding obligations, still unperformed or uncompleted at the time of sale, with respect to said lot, dwelling, unit or space required by this Agreement or as a condition of any development approval. The Owner shall condition the sale and deed sufficiently to ensure the completion of said obligations. R:~TAFFRF~Leql~NLD.TV;O 3F31~F3 ~s - 6 - 5. Assignment. 5.1 Right to'Assign. The Owner shall have the right to.sell, 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, et aL~.~, or Riverside County Ordinance No. 460, as the same was incorporated by reference into the Tamecula Municipal Code by Ordinance No. 90-04) to.any person, partnership, joint venture, firm, or corporation at any time during the term of this Agreement; provided, however, that any such eale, transfer, or.assignment shall include. the assignment and assumption of the rights, duties, and obligations arising under or from this Agreement and be made in strict compliance with.the following conditions precedent: (a) No sale, transfer, or assigrunent 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 with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, the Owner shall notify City, in writing/of such sale, transfer, or assignment and shall provide City with an executed agreement, in a form acceptable to the City Attorney, by the-purchaser, transferee, or assignee and providing therein that the purchaser, transferee, or assignee expressly and unconditionally assumes all the duties and obligations of the Owner under this Agreement. Any sale, transfer, or assignment not made in strict compliance with the foregoing conditions shall constitute a default by the Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee, or assignee to' execute the agreement required by Paragraph (b) of this Subsection, the burdens of this Agreement shall be binding upon such purchaser, transferee, or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee, or assignee until and unless such agreement is executed. 5..2 Release of Transferring Owner. Notwithstanding any sale, transfer, or assignment, a .transferring Owner shall continue to be obligated under this Agreement unless such transferring Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Owner of all of the following conditions: (a) The Owner no longer has a legal or equitable interest in all or any part of the Property except as a beneficiary under a deed of trust. (b) The Owner is not then in default under this Agreement. (c) The Owner has provided. City with the notice and executed agreement required under Paragraph (b) of Subsection 5.1 above. (d) The purchaser, transferee, or assignee provides City with security equivalent to any security previously provided by Owner to secure performance of its. obligations hereunder. R:~S~STAFF~.TWO 3/31/93 tj, - 7- 5.3 Subsequent Assignment. Any subsequent sale, transfer, or assignment after an initial sale, transfer, or assignmen. t shall be made only in accordance with and subject to the terms and conditions of this Section. 6. Mortgacee Protection. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at 0wner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust, or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may'require certain' Agreement .interpretations and agrees upon .request, from time to time, to meet with the Owner and representatives of such lenders to negotiate in good faith any such request for interpretation. City will not unreasonably withhold its consent to any such requested interpretation provided such interpretation is consistent with the intent and purposes of this Agreement. Owner shall reimburse City for any and all of City's costs associated with said interpretations and shall make reimbursement payments to City within thirty (30) days of receipt of an invoice from City. Any Mortgagee of the Property shall be entitled to the following rights and privileges: .(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee has Submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the Owner in the performance of the Owner's obligations under this Agreement. (c) If City timely receives a request from a Mortgagee requesting a copy of any notice of default given .to the Owner under the terms of this Agreement,.City shall.provide a copyof that notice to the Mortgagee within ten.(10) days of sending the notice of default to the Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Owner's obligations or other affirmative covenants of the Owner hereunder, or to guarantee such performance, provided however, that to the extent that any covenant to be performed .by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided R:~q~STAFFRPT~I./NF1BI..D.TWO 3/31/93 ~js - ~- that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 6.3 of this Agreement. " (e) Any Mortgagee who comes into possession of the Property, or any portion thereof, pursuant to subsection (d) above and who elects not to assume the obligations of the Owner set forth herein shall not be entitled to any rights to develop which have or may have vested as a result of this Agreement. 7. Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to :.the successors-in~interest to the parties to it. 8. R~lationshi~ of .Parties. It is understood.~hat the contractual relationship between City and Owner is such that the Owner is an independent contractor and not the agent of City. 9. Project Zoning. Pursuant to the Existing Development Approvals, the Project description contained at Section 16.1 of this Agreement, and the Development Plan, the Property has been rezoned from Rural-Residential (R-R) to General Residential (~-3} to permit Project development. The land use designation under the City's Draft General Plan is Public Institutional and High Density Residential. The rezoning and proposed land use designation.is conditional upon the completion of the Project pursuant to the Development Schedule. Any substantial breach of .the Existing Development Approvals, Development Schedule or Development Plan shall constitute a material breach of the Agreement. 10. Development Schedule. (a) Owner shall develop the Property pursuant to the Development Schedule contained in Exhibit C. (b) Concurrently with recording Parcel Map No. 27314, Owner shall record a deed restriction in substantially the form of Exhibit F, as to Parcels 1-4 of said Tract, restricting occupancy in the Project to persons fifty-five (55) years of age and older. (c) The parties acknowledge that Owner cannot at .this time predict when, or the rate at which phases of.the Property will be developed. Such decisions 'depend upon numerous factors which are.not within. the .control of Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties, agreement, it is the parties, intent to cure that deficiency by acknowledging and providing that the Owner shall have the right to develop the Property in such order and at such rate and at such times as the Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Schedule. 11. Hold Harmless. Owner agrees to and shall hold City, its officers, agents, employees and representatives. harmless from liability for damage' or claims for damage for personal injury including death and claims for property damage R:~TAFFRPT~L/NF~LD.TWO 3~!~ ~s - 9 - which may arise from the direct or indirect operations of the Owner or those of his contractor, subcontractor, agent, .employee or other.person acting on his behalf which relate-to the Project. Owner agrees to and shall indemnify, defend, and hold harmless the City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of 0wner's activities in co~n_ection with the Project. .This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this paragraph~ regardless of whether or not City prepared, supplied,'or'approved plans or specifications or both for the Project.and regardless of whether or not the insurance policies referred to herein are applicable. Owner further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of this Agreement or the Project. 12. Litigation. 12.1 Third Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action, or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. City shall promptly notify Owner of any such claim, action, or proceeding, and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, or proceeding, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action, or proceeding. 12.2 Environmental Assurances. Owner shall indemnify and hold City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors-in-interest,.successors, assigns' and independent contractors for any violation of any federal, state, or local law, ordinance or regulation relating to industrial hygiene, solid or hazardous waste or to environmental conditions on, under or about the Property. Said violations shall include, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including'attorneys fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may, in its discretion, participate in the defense of any such action. 13. Third Party Litigation Concerning the General Plan. City is a newly incorporated city falling within the scope of Government Code Sections 65360 and 65311 and thus not subject to the requirement that a General Plan be adopted or that development decisions be consistent therewith so long as the City makes certain findings, which the City has made at Section J. of this Agreement. Notwithstanding these findings City shall have no liability in damages under this Agreement for any failure of City to perform under this Agreement or the inability of Owner to R:XS'~STAFFRPTXLINF~J,D.TWO 3/31/93 tjs - 10 - develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effegtive Date, or at any time thereafter, the findings made under Section 65360 and 65361 or the future General Plan, are invalidated or inadequate or not in compliance with law. 14. Public Benefits. Public Improvements and Facilities. 14.1 Intent. The parties acknowledge 'and agree that development of the Property will result in substantial public needs which will not be fully met by development of the Project and further acknowledge'and agree that this Agreement confers substantial private benefits on the Owner which should be balanced by commensurate public Denefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on the Owner by providing more fully for the satisfaction of the public needs resulting from the Project. 14.2 Impact Fees. (a) The developer(s) of the Property shall pay a capital or impact fee for road improvements and public facilities the City may adopt for development ("Public Facilities Fee"), in the amount in effect at the time of payment of the fee. (The term "developer(s) of the Property or Project. as .used in this Section shall mean the person(s) who seeks a building permit to construct structures on the.Property. These individuals shall hereinafter be referred to as the "Developer..) If an interim or final public facility mitigation fee or benefit 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 an Agreement for Payment of a Public Facility Fee, in substantially the form of Exhibit D. (b) Owner shall pay all other impact fees provided for under the Land Use Regulations, including, but not limited to the Residential Impact Fee (pursuant to Riverside County Ordinance No. 659) and Flood Control, Fire, Library, Traffic Mitigation and K-Rat Fees. 1.4.3 Fee Credits and 'Schedule. In exchange for' the dedication of land, the construction of"improvements and the payment of fees, Owner shall be entitled to Fee Credits set forth in Exhibit E. 14.4 Waiver. By execution of this Agreement, Owner waives any right to object to the imposition of the provisions of Section 15 of this Agreement, the adoption of any interim or final Public Facility Fee, or the process, levy, or collection of any interim or final Public Facility Fee for this Project; provided that Owner is. not waiving its right to protest the reasonableness of any interim or final Public Facility Fe~, and the amount thereof. 15. Reservations of Authority. 15.1 Limitations, Reservations, and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property, including, but not limited to: R:\S~STAFFRFI'~INF~I D.TWO ~lfJllg'J tjs - 11 - (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of progessing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recou~endation, appeals, and any other matter of procedure. · (c) Regulations'governing construction standards and.specifications including, without limitation~ the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Grading Code and Fire Code. (d) Subsequent Land Use Regulations which are not in conflict with the Project. 15.2 Subsequent Development Approvals. This Agreement shall not prevent City, in acting on Subsequent Development Approvals from applying Subsequent Land Use Regulations, even if they conflict with the Existing Land Use Regulations, Existing Development Approvals or the Development Plan. Further, this Agreement shall not prevent City from denying 'or conditionally approving any Subsequent Development Approval on the basis of the Existing or Subsequent Land Use Regulations. 15.3 MOdification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 15.4 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City. possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not'limit the authority of such other public agencies. 15.5 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, et sea.) and Riverside County Ordinance No. 460, as the same was in6orporated by reference into the Temecula Municipal Code by Ordinance No. 90-04, and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to the Owner, then and to that extent the'rights, obligations, and protections afforded the Owner and City respectively, under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement,' and the provisions in this R:~AFFRFP~F, LD.TWO 3~1~ Os - 12 - Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 16. Development of the Property. -. 16.1 Project. The Property shall be developed with the following uses, and only the following uses: (a) Senior Citizen Housing Development on Parcel 2 of Parcel Map 27314, up to 20.dwelling units per net acre with a'target density of 10 'dwelling units per acre; (b) Nine (9) hole private golf.course for the sole use of'private residents on Parcel 2 of 'Parcel Map 27314; (c) senior's Co~Lunity center with a minimum of 3,500 square feet on Parcel I of the Parcel Map 27314; (d) Congregate Care Facility on Parcel 3 of Parcel Map-27314; and (e) Skilled Nursing and Personal Care Faciiities.on Parcel 4 of Parcel Map 27314. No change, modification, revision or alteration of these uses or of the Project may be made without the prior amendment of this Agreement. 16.2 RiGhts tO Develop. The permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in Section 16.1 and the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. 16.3 Changes and Amendments. Notwithstanding Section 16.1, the parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Project. In the event the Owner finds that a change in the Project is necessary or appropriate, the Owner shall apply for a Subsequent Development Approval to effectuate such change and. City shall process and act on such application in accordance with' the Subsequent. Land Use Regulations. If approved, any such change in the Project shall be incorporated herein as an addendum to this Agreement and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Project shall be deemed "minor,, and not require an amendment to this Agreement provided such change does not: (a) Alter the permitted uses of the Project as a whole; or, (b) Increase the density or intensity of use of the Project as a whole; or, (c) Increase the maximum height and size of permitted buildings; or, (d)- Delete a requirement for the reservation or dedication of land for public purposes within the Project as a whole; or, R:~S~STAF~.TWO 3/31/93 lie -13- (e) Constitute a project requiring a Subsequent or Supplemental Environmental Impact Report purs. uant to Section 21166 of the Public Resources COde. 17. Periodic Review of Compl.~ance with Agreement. (a) Pursuant to City Resolution No. 91-52, as it .may be subsequently amended, City shall review this Agreement at least once during every twelve (12) month period from. the date this Agreement is execu=ed. The Owner or successor shall reimburse City for the actual and necessary costs of this review. (b) During each periodic reviewby City,-the Owner is required to demonstrate good faith compliance'with the terms of the Agreement. The Owner agrees to furnish such evidence of good faith compliance as City in the exercise of its discretion may require.- 18. Amendment or Cancellation of Agreement. This. Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner.provided for in Government Code Sections 65868, 65867 and 65867.5. If the Amendment is requested by the Owner or successor, the Owner/successor agrees to pay City any Development Agreement Amendment fee then in existence as established by City Council Resolution, or if no such fee is established, to reimburse City for the actual and necessary costs of reviewing and processing said Amendment. 19. Breach of Agreement. (a) The City reserves the right to terminate this Agreement in the event of a material breach of any of its material terms or any material term of any applicable federal, state or local statute or regulation, which breach is not cured following written notice and a reasonable opportunity to cure. In finding such a breach: (i) City does not waive any claim of defect in performance by Owne~ implied if on periodic review the City does not propose to modify or terminate the Agreement. (ii) Non-performance shall not be excused because of a failure of a .third person;. and (iii)'Non-performance shall be excused only when it is prevented or delayed by acts of God or an emergency declared by the Governor. (b) The notice to cure period shall be thirty (30) days (except in cases of emergency where a shorter time may be prescribed consistent with the nature of the emergency). Where thirty (30) days is insufficient time for the Owner to cure the notified breach, Owner shall be deemed in compliance with the provisions if, within that thirty-day time period Owner begins good faith efforts to cure such breach and shall present a specific and reasonable timetable to the City for the cure of the notified breach. If the breach is not cured within such time period or within such additional time period specified in such notice, the Planning Director shall cause to be noticed a public hearing before the City Council. (c) The Council shall hold a public hearing, upon ten (10) days written notice duly given to Owner and published notice provided to the public. Owner may appear at the public hearing before the Council and present information, orally or in R:~\~A~n:ID.TWO 3/31~ ~s - 14 - documented form, that it ~eems relevant and appropriate to the Council's deliberations. Based on the evidence presented at the public h~aring, the Council shall determine by resolution whether the Agreement should be terminated. Nothing herein is intended to limit Councilis right to make other determinations which are reasonably related to the Agreement. (d) The City Council'shall cause Owner to receive written notice of any action taken following the public hearing. (e) Within not less than thirty (30) days of receiving notice of the Ckty Council~s action, Owner shall be entitled to initiate an action in state court to seek judicial review pursuant to California. Code of'Civil. Procedure Section 1094.5. In the event Owner initiates such a review, the Council's determination shall be stayed pending a final order of the court. (f) Upon a finding of material breach of this 'Agreement, and the failure of Owner to successfully challenge the same in a court of law, City may not only terminate this Agreement, but also shall amend the land use designation of the Property to Public Institutional and amend the zoning to Public Institutional; Owner further agrees to such amendments.. (g) All other remedies at law or in equity which are not otherwise provided for in the Agreement or in City's regulations governing development agreements are available to the parties to pursue in the event there is a breach. 20. Damages Upon Termination. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City, and its officers, employees and agents, shall not be liable in damages to Owner or to any assignee, transferee of Owner, or any other person, and Owner covenants not to sue for or claim any damages for breach of that Agreement by City. - ; 21. Attorneys' Fees and Costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notice required to be given to City shall be addressed as follows: To City: City Clerk City of Temecula 43172 Business Park Drive Temecula, CA 92390 R:~S~%'TA~!NFIBLD.TWO 3/31/93 lj, ' 15 - Notices required to be given to Owner shall be addressed as follows: .To Owner: A party may chan~e the address by givin~ notice in writing to 'the other party and thereafter notices shall be addressed and. t~ansmitted to the new address. 23. Rules of Construction and Miscellaneous Terms. (a) The singular'includes the plural; the masculine gender includes the feminine; "shall" is mandatory, ."may" is permissive. (b) If a part of this'Agreement is held to be invalid, the remainder of the Agreement is not affected. (c) If there is more than one signer of this Agreement their obligations are joint and several. (d) The time limits set forth in this Agreement -may be extended by mutual written consent of the parties in accordance with the procedures for adoption of the Agreement. (e) This Agreement is made and entered into for. the sole protection and benefit of the parties and their successors and assigns. No other person, including but not limited to third party beneficiaries, shall have any right of action based upon any provision of this Agreement. (f) This Agreement may be executed by the parties in counterparts, each of which so fully executed counterpart shall be deemed an original irrespective of the date of execution. 24. .Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when.taken together shall constitute one and the same instrument. ' IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year first above written. "CITY, Attest: By: MAYOR City Clerk R:\S~TAFFRY~L~rF~,LD.TWO 3/31;93 ~s - 16 - Approved as to form: City Attorney By.: Name: Title: By: Name: Title: Notary [ALL SIGNATURES.SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.] R:~TAFFRPT~.INI~r ~.T~/O 3/31/9~J Ijs - 17 - DESCRIPTION OF THE PROPEaTY BEING A PORTION OF THE P, ANCHO TEMECUI~, AS GRANTED BY U.S. GOV'T TO LUIS VIGNES BY PATENT DATED 1-18-1860, AS SHOWN BY LIBER 1 PAGE 37, REC'S OF SAN. DIEGO CO., AN PARCELS 1,2,3.'0F P.M. 83/97- 100 REC'S RIVERSIDE CO. 'LOCATED IN THE CITY OF TEMECULA, .' CALIFORNIA. R:~S~-qTAFFRPT~INFIBLD.TWO 3/'31/93 tjs EXHIBIT wBn EXISTING DEV~T.OpMENT APPROVALS Tentative Parcel Map No. 27314 Change 0f Zone No. 21 R:~S~STA~-TWO 3/31/~3 !is - 19 - EXHIBIT ace Dx'VELO~ SCHEDULE Within five (5) years of the effective date of this -Development A~reement, Owner shall have substantially begun construction of each of the following uses: Twenty (20) dwelling unitS' of the Senior Citizen Housing Development, and The Congregate Care Facility, Skilled Nursing Facility, or Personal Care Facility "Substantially begun construction. shall mean obtaining a building permit and having an approved and inspected foundation. Prior to the issuance of the certificate of occupancy for the first unit of the multi-family senior housing complex, Owner shall have constructed and obtained a certificate of occupancy for the Senior Citizen Center, and shall have completed the Golf Course· "Completed the Golf Course" shall mean construction and completion of all structures, six months growth of the grass and certification of the course by a Licensed Landscape Architect. Within five (5) years of the effective date of this Development ~greement, Owner shall have recorded Parcel Map 27314 and have obtained all Subsequent Development Approvals for the Senior Citizen Housing Development, the Congregate Care Facility, the Skilled Nursing Facility, the Personal Care Facility, and the Golf Course. Within the term of this Development Agreement, Owner shall have obtained certificates of occupancy for all buildings identified in the Subsequent Development Approvals. ' R:~S%STAFFRPT~LINIm~w D.TV;O 3/31/93 Ijs - 2 0 - PUBLIC FACILITY F~ AGREEMENT R:~S~STAFFRFr%LINFIELD.T~/O 3/31/93 tjs - 2 1 - E21~Z3T? Upon obtaining a certificate of occupancy Owner shall .dedicate to the City the Senior Citizen Center described in Exhibit C. In exchange for dedication of the Senior Citizen Center and completion of the Golf Course, Owner shall receive a 'full credit against its Quimby Fees'required pursuant to. Riverside County Ordinance No. 460. R:~S\STAFFRPT~L~.TWO 3/31/93 EXHIBIT eFs DERD RESTRICTTON RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CI.TY CLERK CITY OF TEMECULA 43174 BUSINESS PARK DRIVE TEMECULA, CALIFORNIA 92590 DECLARATION OF RESTRICTIONS This DECLARATION OF RESTRICTIONS made this , 1992, by (. hereinafter referred to as "Declarant.. .) day of WHEREAS, Declarant is the owner of Parcels 1-4 of Parcel Map No. 27314 (the "'Property.); and WHEREAS, Declarant intends to sell the .above described property,' restricting it in accordance with a common plan designed to preserve the value and residential qualities of said land, for the benefit of its future owners. NOW, THESEFORE, Declarant declares that said real property shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied, subject to the covenants and restrictions hereinafter set forth expressly and exclusively for the use and benefit of said property and of each and every person or entity who now or in the future owns any portion or portions of said real property.. 1. Land Use and Buildin~ Type.. No person may occupy any dwelling'unit located on the Property'unless he or she is at least fifty-five (55) years of age, or otherwise qualifies for residency pursuant to California Civil Code Section 51.3. 2. T~rm. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a. period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots, and the City of Temecula, has been recorded, agreeing to change said covenants in whole or in part. 3. Enforcement. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attemptingto violate any'covenant either to restrain violation R:\S\STAFFRPT~M]qILD.TWO 3F31~3 ~, - 23 - or to recover damages. The City of Temecula may enforce any covenant of this Declaration. 4. Attorneys Fees. Should any party bring an action against the other for the' purpose of enforcing the terms of this Stipulation, or for damages arising from its breach, then in such event, the prevailing party shall be entitled to its reasonable attorneys fees and costs in addition to any other award entered by the Court. 5. Severability. Inva~idation.of any'one of these. covenants by 'judgment or court order shall in no wise.. affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, Declarant has executed this Declaration of restrictions.the day and year first above written. DECLARANT: Signature Name: Address: R:~TrAFFRF~L~FIBLD.TWO 3/31/93 ~s - 24 - DEVELOPMENT PLAN R:~S~STAFFILDT~LINFIE~D.TWO 3/31/93 ~js - 25- ATTACHMENT NO. 4 PLANNING COMMISSION MINUTES, MARCH 1, 1993 R:%S~STAFFRF'r~7314.PC2 3/31/93 tie 27 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MARCH 1, 1993 A regular meeting of the City of Temecula Planning Commission was called to order Monday, March 1, 1993, at 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. The meeting was called to order by Vice Chairman Billie Blair. PRESENT: 3 COMMISSIONERS: Blair, Chiniaeff, Hoagland' ABSENT: 2 COMMISSIONERS: Ford, Fahey Also present were Assistant City Attorney John Cavanaugh, Senior Planner Debbie Ubnoske, Senior Planner John Meyer and Minute Clerk Gall Zigler. PUBLIC COMMENT None COMMISSION BUSINESS 1. Approval of Aaenda It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to approve the agenda. The motion carried as follows: AYES: 3 NOES: '.0 ABSENT: 2 COMMISSIONERS: Blair, Chiniaeff, Hoagland COMMISSIONERS: None COMMISSIONERS:' Ford, Fahey PUBLIC HEARING 2. Chanae of Zone No. 23 Proposed zone change for a 6.1 acre parcel from R-3-4,000 to C-O. Located o.n the south side of Rancho California Road, approximately 450 feet east of the intersection of Via Las Colinas and Rancho California Road. Matthew Fagan presented the staff report. ,~ PCMIN03101193 -1- 3/10/93 PLANNING COMMISSION MINUTES MARCH 1, 1993 .Com. missioner Hoagland asked if the applicant has a plot plan. Safa Muhtaseb, 39930 Whitewood Road, Unit 106, Murrieta, owner and applicant, stated that he is working on the zone change at this time and when completed, the project will proceed to the engineering stage. It was moved by Commissioner Chiniaeff, .seconded by Commissioner Hoagland to close the public hearing .at 6:20 P.M. and Recommend Adoption of the Negative Declaration for Change of Zone No. 23 and Recommend Adoption of Resolution No. PC 93-04 recommending Approval of Change of Zone No. 23. The motion carried as fol'lows: AYES: 3 COMMISSIONERS: Blair, Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Ford, Fahey Outdoor Advertisina Disolav Ordinance Matthew Fagan presented the staff report. Commissioner Chiniaeff questioned why the provisions dealing with hardship cases were eliminated. Assistant City 'Attorney John Cavanaugh: advised that because it is difficult to determine what a hardship is, it leaves an opportunity for anyone to declare a hardship, therefore the City Attorney recommends deleting the hardship clause. Vice Chairman Blair opened the'public hea'ring at 6:25 P.M. Commissioner Chiniaeff questioned if there is a "sunset"' clause on non-conforming signs. Assistant City Attorney Cavanaugh advised that non-conformity creates an issue where if the City required non-conforming signs to come down, the City would have to compensate the owner. It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to close the public hearing at 6:25 P.M. and Adoot Resolution No. PC 93-05 recommending the City Council adopt the Ordinance No. 93 - (next) relative to outdoor advertising displays and deletion of language in Section 4(A) dealing with hardship CeSBS. PCMIN03101/93 -2- 3/10193 ~ PLANNING COMMISSION MINUTES -MARCH 1, 1993 The.motion carried as follows: AYES: 3 COMMISSIONERS: Blair, Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None · ABSEN:!': 2 COMMISSIONERS: Ford, Fahey Amendments to the Ordinance Reaulatino TemDora'rv Sians Dave Hogan presented the staff report. commissioner' Chiniaeff suggested the following modifications: 1) Item 4, Page 1.5, be modified with .a clearer definition of special events; 2) Old Town issues should be in conformance with the Old Town Specific Plan; and 3) Page 16, E(1) should provide examples of. hardship cases. Dave Hogan advised that the 'Old Town section will be superseded by the Old Town Specific Plan when it is adopted. Assistant City Attorney Cavanaugh advised that hardship cases will be evaluated by staff. Vice Chairman Blair opened the public hearing at 6:35 P.M. Commissioner Hoagland said that he feels that none of the recommended changes should be made. He added that he feels a proliferation and/or continued proliferation of temporary signs takes away from the aesthetic appearance of the community and 274 days a year for allowable signage is excessive. Commissioner Hoagland suggested leaving the ordinance as is until the comprehensive sign ordinance is adopted. Commissioner Chiniaeff and Vice Chairman. Blair Concurred. It was moved by Commissioner Hoagland, seconded by commissioner Chiniaeff to close the public hearing at 6:45 P.M. and recommend Dqniel of Resolution No. PC 93- 06recommending that the City Council amend portions of Ordinance No. 348 and 92- 16 pertaining to the regulation of temporary signs. The motion carried as follows: AYES: 3 COMMISSIONERS: Blair, Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Ford, Fahey ~ PCMIN03/01/93 -3- 3/10/93 PLANNING COMMISSION MINUTES · MARCH 1. 1993 Develooment Aoreement No. 92-1 {DA 92-1) Chanoe of Zone No. ~1 and Tentative Parcel MaD No. 27314 A request to subdivide a 96.7 acre parcel into 4 parcels and a 48.4 acre remainder parcel, a Development Agreement to ensure the development of the project as senior housing, congregate care'facility, skilled nursing, personal care, a nine hole private golf course and dedication of a 2.3 net acre parcel to the City of Temecula, and a Zone Change from R-R (Rural Residential) to R-3 (General Residential). 'Linfield Christian School. Vice Chairman Blair stepped down due to a conflict of interest based on the close proximity of her personal residence with the proposed project. Commissioner Chiniaeff suggested continuing this item until all Commission members are present. Commissioner Hoagland opened the public hearing at 6:50 P.M. Roger D. Prend, 3788 McCray Street, Riverside, representing the applicant, agreed to continue the item for one month. Carmine A. Latrecchia, 31533 Corte Pacheco, TemecLila, expressed concern that the access road, exits and enters off of Rancho Vista Road, which carries a high volume of traffic traveling at high rates of speed. Mr. Latrecchia asked for consideration with regards to the lighting of the sports fields, which will have a significant 'impact on his personal residence. Additionally, Mr. Latrecchia asked that the project provide adequate parking for special events. It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to continue the public hearing on Development Agreement No. 92-1 (DA 92-1 ) Change of Zone No. 21 and Tentative Parcel Map No. 27314 to the meeting of April 5, 1993. The motion carried as follows: AYES: 2 COMMISSIONERS: Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Blair ABSENT: 2 COMMISSIONERS: Ford, Fahey PLANNING DIRECTOR REPORT None PCMIN03101/93 ,$, 3/10~93 ' PLANNING .COMMISSION MINUTES PLANNING-COMMISSION REPORT None MARCH 1.1993 OTHER BUSINESS None ADJOURNMENT Vice Chairman Blair declared the meeting adjourned at 7:00 P.M. The next regular meeting of the City of Temecula Planning Commission will be Monday, April 5, 1993, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. Chairman Linda Fahey Secretary ~ PCMIN03101193 -S- 3/10193 ATTACHMENT NO. 5 MEMORANDUM TO PLANNING COMMISSION, MARCH 1, 1993 R:~S%STAF'FRPT~Ta14.pC2 3/31/93 t~ 28 TO: FROM: PREPAI~rr'~ BY: DATE: SUB.~CT: lV~11ORANDUM Planning Commi,~sion - Gary Thornbin, Dire~r of Planning Saied Naaseh, Associate Planner March 1, 199t PA92-0001, Change of Zone No. 21, Tentative Parcel Map No. 27314, . Amendment No. 3 - Linfield School Staff recommends the following amendment to the Development Agreement: .Page 6, Section 4.b. Co) Should the owner: (i) fail to obtain all Subsequent Development Approvals to develop and complete the Proje~'t, or (ii) breach the Development Schedule, Owner agrees to City amending the land use designation to Low Modium Density Ilmaidontinl or Public Institutional, and amending the zoning to Singlc Ftraily Rcsidential (R I) Public Institutional. Page 15, Section 19.f (f)' Upon a finding of material breach of this Agreement, and the failure of Owner to successfully challenge the same in a court of law, City may not only terminate this Agreement, but also shall amend the land use designation of the Property to Public Institutional or Low Medium Density Residential and amend the zoning to Single r~rafly Residential (R 1) Public Institutional; Owner further agrees to such amendments. Furthermore, staff recommends the following amendments to the Conditions of Approval: Replace the word "Traffic" with 'Civil" in Condition No(s) 35, 40, 63, 71 and 73. o Replace the word "grade" with "grading" in Condition No. 52. Condition No. 44 shall read as follows: Plans for a traffic signal shall be recommended by a registered Traffic Engineer and shall be signed by a registered Civil Engineer and appmved by the Department of Public Works for the intersection of Pauba Road and Margarita Road and shall be included in the street improvement plans with the Second plan check submittal. R:~SIS'fAFFRPT'dPA~2.R~:lVl 311/93 tj$ ATTACHMENT NO. 6 PLANNING COMMISSION STAFF REPORT, MARCH 1, 1993 R:%,S'~STAFFRPT'~273"I4.pC2 a/31/93 ti~ 29 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Gary.Thornhill, Director of Planning ~ March 1, 1993 Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 3; Linfield School Prepared by: Saied Naase.h, Associate Planner RECOMMENDATION: RECOMMEND Adoption of Negative Declaration for Development Agreement No. 92-1, Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 3; and ADOPT Resolution No. 93- 'recommending Approval for Development Agreement No, 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 3 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval and subject to the City Council action on changing the land use designation of Parcel No. 2 from Public Institutional to High Density Residential prior to adoption of-the General Plan. BACKGROUND This project was reviewed and continued off calendar by. Planning Commission on August 17, 1992. Staff was directed to work with the applicant on a' number of issues raised by the Commission. These issues included changes to the Development Agreement language, existing trees on site, the golf course, noise and light impacts from the Linfield School Stadium, access and traffic, future plans for the Linfield School site and grading. Staff and the applicant have been working together to address all the issues and concerns raised by the Planning Commission. The following table includes these issues and explains how they have been addressed: R:~S~STAFFRPT~7314.1~C 2/24/93 Idb ] Development Density 20 dwelling units per acre or 240 units. Text has been modified to include up to 20 dwell(nil Agreement Needs to be consistent. Page 3, Environmental Findings 1, 2 and 3 are conflicting {refer to the August 17, 1992 Staff Report, 'Attachment No. 6). SeniOr Center size and dollar amount to be spend needs to be specified. units per acre with a target density of 10 dwelling units per acre. Refer to page 13, Section 16.1 .a. No change has been proposed. Findings No. 1 and 2 refer to this approval. Finding No. 3 refers to future approvals. Te.~ has been modified on page 13, Section 16.1.c and Exhibit G of the Development Agreement has · been modified. to require a minimum of 3,500 square feet for the Senior Center. Specimen Trees Senior Center and golf course completion needs to be up front. Page 12,#9 - the General Plan Land Use' Designation "will likely be high density" which was unknown at the time the project was heard by the Planning Commission {refer to the August 17, 1992 Staff Report, Attachment No. 6). Specify building heights and sizes. Page 10,#6 - Specify that changes shall not' include elimination or a reduction in size of the Senior Center, elimination 'of'the nine (9) hole golf course and increase in the number of dwelling units or density {refer to the August 17, 1992 Staff Report, Attachment No. 6). Show all existing trees on the landscape plans and identify a replacement ratio if the trees have to be removed to accommodate development The dollar amount has not been specified consistent with the Community Services Department policy. No change has been proposed (refer to Exhibit C of the Development Agreement). The General Plan Land Use Designation recommended by Planning Commission to City Council is Public Institutional for the entire project site. Staff has amended the recommendation for this project to include a Commission recommendation to the City Council for an amendment to the land use designation of Parcel No. 2 of Tentative Parcel Map No. 27314 to high density reaidentlal. The rest of the parcels and the proposed uses of Senior Center, congregate facility and nursing and personal care facility will be consistent with the Public Institutional land use designation. No change has been proposed to the text, since the Zoning Districts will specify the building heights for the project. Building sizes will be dictated by the future development proposals. The text has been modified te eliminate modifications to the Development Agreement. Since the site plans and the landscape plans are conceptual, the existing trees have not been identified on the plans; However, Condition No. 17.A.3.h. has been added that requires future development applications (plot plans, conditional use permits, etc.) to show the existing trees on the landscape plans and if their removal is necessary replacement will be on a 5:1 ratio. R:~LSTAFFRFI'~97314.1n~ 2/24/93 klb 2 Issue ~ Course Age Restrictions Access/ Traffic Relocation of Structures and Features Description of the Issue Specify whether it is a private golf course intended for the ijse of the project residents or is it intended to be a private golf course to be used by the public, Does the fact that this is a private goff course and it will be used only by the project residents change the Quimby fee requirements? ' Will parking be provided for the goff course? ' Structures within the golf course need to be identified on the site plan. Need to define when the golf course is considered complete. No Quimby fees or equivalent are paid until 59 units, congregate, personal and nursing facilities have been built. Impacts of the stadium need to be evaluated (i.e. noise and light).. The age restriction needs to be clarified in terms of the qualifier. Need reciprocal access easements for Parcels 2, 3 and 4 until they are built to provide access to the school site. Need to place more restrictions on the access points shown on the map (i.e. right rum only). Are there any plans that indicate where the gym and the ball fields will be moved to? The lake is being split by a parcel line. What is going to happen to it? · Proposed Solution to :Relolve ~he .Issue The golf course is intended to be private and be used by residents of the project {refer to Page No. 13 Section 16.1 .b, of the Development Agreement), No, Either way the golf course will satisfy a portion of the Quimby requirements. No. The conceptual site plan 'does not provide pa~jng for the golf course, since it is intended for private use only~ Since the site plan is conceptual, the number and location of the structures are not known. The future. development applications will include the details of the development (including these structures). The Development Agreement text has been modified to define the completion of the goff course as construction and completion of all structures, six months growth of the grass and certification of the course by a licensed landscape architect {refer to Exhibit C of the Development Agreement). No change is proposed since there is no nexus between'the congregate care, personal care and nursing facility and the Quimby fees. A noise study and light impact analysis will be conducted prior to approval of a plot plan for the multi-family senior complex to mitigate the impacts to insignificant levels (refer to Conditions 9.A. and 9.B.). The deed restriction (Exhibit F of the Development Agreement Section 1 ) is consistent with state law. Condition No. 86.E.2. has' been added .to resolve this concem. The Traffic Study recommends full movements for these access points. Furthermore, Ordinance 460 allows full movement for access aisles if they are more than 330 feet apart. No change has been proposed. These facilities will be moved to the existing school site in the future, which will require further City approvals (refer to the conceptual school site plan). The parcel map has been conditioned to construct a dike within the remainder parcel, which will keep the lake on the remainder parcel {refer to Condition No. 52). R:~q~'TA~I4.pC 2/24/93 IrJb 3 Issue GradinO Description of the Issue A grading plan needs to be prepared in order to ' identif~ the impacts to the project. A' condition needs to be added to restrict mass grading pdor to a plot plan approval. Parcel No. 1 contains 25 % slopes. How useable is this parcel? Proposed Solution to : · · Resolve the Issue . A conceptual grading plan has been prepared and included in the packet for Planning Commlasion's review. Condition Nos. 48 and. 49 have been added that require submittal and approval of a mass grading plan. Furthermore, a grading permit will not be issued for an individual parcel until a plot plan is approved for this parcel.. A conceptual grading plan has been prepared which shows the parcel may be developed as a senior center. However, refinement will be necessary at the plot plan stage. R:~S~STAF~314.1eC 2/24/93 Idb 4 ANALYSIS Conceotual Site Plan and Desion Issues It is staff's opinion that all of Planning Commission's concerns have been addressed as outlined in the Background Section. The proposed conceptual site plan illustrates how the site may be developed. The ultimate site plan for development of this project may have a different layout. The conceptual site plan has a number of design deficiencies,' such as improper circulation for the multi-family complex and "inadequate fire truck turn around for. the Senior Center site. Howe.~er, each component of this project will receive additional ..reviews by the City and specific site design issues .will be dealt with at that stage. Staff has met with Commissioners Fahey and Hoagland to discuss the conceptual site plan. They both expressed concerns regarding the Conceptual Site Plan and raised specific on site design issues (i.e. circulation, noise, location of the Senior Center, drainage, etc.). Concurs" with these concerns and have conditioned the project to address them with future development proposals. Draft General Plan Issues The Draft General Plan has already been reviewed and recommended by Planning Commission to the City Council with a Public Institutional land use designation for the project site. The proposed uses such as the congregate care, skilled nursing and personal care and the Senior Center are all consistent with this designation. However, the age restricted, multi-family project (Parcel No. 2 of Tentative Parcel Map No.27314, Amendment No. 3) will need to be designated High Density Residential on the General Plan. Therefore, if the Planning Commission determines that this project should be recommended to the City Council for approval, the land use designation of Parcel No. 2 will need to be changed by the City Council to High Density Residential. Since the Planning Commission already recommended to the City Council approval of the land use element, with a designation of Public Institutional for Parcel No. 2, it is now necessary that the Planning Commission recommend concurrently with this project that the City Council revise the land use element to High Density Residential. In addition, the City Council will have to take an action on the land use component of the General Plan prior to approVing this project. It should be noted that the City Council does not need to wait until formal adoption of the General Plan. to.take action. on this project. However, in .the event that the City Council adopts the land use element of the General Plan prior to consideration of this project, an application for a General Plan Amendment will have to be filed prior to any final action on this project. Project Density Issues for Parcel No. 2 The project density for the age restricted multi-family is up to 20 dwelling units per net acre with a target density of 10 dwelling units per net acre. The gross acreage for this parcel is 38 which could result in 760 dwelling units at 20 DU/AC. However, the most likely number of units for a project of this type would be approximately 380 dwelling units, or a target density of 10 DU/AC. The Traffic Study mitigation measures are based on 240 dwelling units. If the future proposals for Parcel No. 2 exceed 240 dwelling units, the Traffic Study will need to be updated or new studies will be required (refer to Condition No. 54). R:XSX-~TAFFRF~27314.pC 2/24/93 ir~ " 5 ZONING, DRAFT GENERAL PLAN AND SWAP CONSISTENCY The proposed project includes a change of zone from R-R to R-3. This change will allow the developmen~ of the project site .as a senior housing complex as dictated within the Development Agreement. Staff is supportive of this change of zone, since it will result in a desirable senior housing project consistent with the surrounding land uses. Project approval by the Planning Commission is subject to City Council approval of a High Density Residential designation fbr Parcel No. 2. of Tentative Parcel Map No. 27314, Amendment No. 3. Once this occurs, the project would be consistent with the Draft General Plan. The Draft General Plan land use map currently shows the project site as Public Institutional since it is now one parcel which contains the Linfield School. The SWAP designation for the project site is Residentialj minimum one acre lot size. The City of Temecula is supportive of the approval of this project since it will result in a desirable senior housing project consistent the surrounding land uses. ENVIRONMENTAL DETERMINATION An Initial Study was prepared for this project and with the adoption of mitigation measures which have been included in the Conditions of Approval, all the anticipated impacts have been reduced to a level of insignificance. Therefore, a Negative Declaration has been prepared and recommended for adoption. FINDINGS Develovment Aereement No. 92-1 1. The City is proceeding in a timely fashion with the preparation of its General Plan.' e e There is a reasonable probability that the project will be consistent with the general plan proposal presently being considered subject to the City Council approving a High- Density Residential Designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment N0.3, 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 orffinances. The environmental impacts of the agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City approvals for the project. No other mitigation measures for environmental impacts created by the project, as presently approved, shall be required for development of the project unless mandated by laws. R:~S~STA~I4.pC 2/24/93 k/b 6 The City may, pursuant t0 and in accordance with its rules, regulations, and ordinances, conduct an environmental review of subsequent discretionary entitlements for the development of the property or any changes, amendments, or modifications to the p~operty. The City, as a result of such review, may impose additional measures (or conditions) on studies to mitigate, as permitted by law, the adverse environmental impacts of such development entitlement which were not considered or mitigated at the time of approval of the project. ChanQe of Zone No. 21 1.. There is a reasonable probability that Change .of Zone No. 21 will be consistent with the City's future General Ran subject to the City Council approving a High-Density Residential Designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment No. 3, which will be completed in a reasonable time and in accordance with State Law, due to the fact that the future development of the site will be controlled by a Development Agreement which is consistent with City's policies for the new General Plan. ' w o There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 21 is ultimately inconsistent with the plan, due to fact that the development of the site will be controlled by a Development Agreement which is consistent with the City's policies for the future General Plan· The project is compatible with surrounding land uses since this project will not have negative impacts on the existing school sites to the east and west and the existing and proposed single-family dwellings to the north and south. g The proposal will not have an adverse effect on the environment, since mitigation measures have been incorporated into the project design to reduce the impacts to a level of insignificance. Tentative Parcel MaD No. 27314. Amendment No. 3 There is a reasonable probability tha;t TentatiVe Parcel Map No. 27314, 'Amendment No. 3 will be consistent with the City's future General Plan subject to City Council approving a High-Density Residential Designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment No. 3, 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. 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 future development of the site will be controlled by a Development Agreement which is consistent with the City's policies for the new General Plan· 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). R:XSXSTAFFRJrrX27314.PC 2/24/93 klb 7 The project as designed and conditioned will not adversely affect the-public health or welfare, The project is compatible with surrounding land uses since the proposal will not have a negative impact on the existing school sites to the east and west and the existing and proposed single-family dwellings to the north and south. The p~oject has acceptabl~ access to dedicated rights-of-way which are open to, and useable by, vehicular traffic. The project draws access from Pauba Roadand Rancho Vista Road, improved dedicated City rights-of-way; Project access, as designed and. conditioned, conforms with applicable City' EngineeFing standards and ordinances. The project as designed and conditioned will .not adversely affect the built or natural environment as determined in the Environmental Analysis for this project. .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. Attachments: 5. 6. 7. Resolution No. 93- -- Blue Page 9 Conditions of Approval - Blue Page 15 Exhibits - Blue Page 32 A. Site Plan B. Tentative Parcel Map Initial Environmental Study - Blue Page 33 Development Agreement - Blue Page 34 Planning Commission Minutes, August 17, 1992 - Blue Page 35 Planning Commission Staff Report, August 17, 1992 - Blue Page 36 R:N3~"TAFFRPI'~/314.pC 2/24/93 klb 8 ' ATTACHMENT NO, 1 PC RESOLUTION NO. 93-' R:~S~TA~I4.1n~C 2/24/93 idb 9 PC RESOLUTION NO. 93- A RESOLUTION OF ~ PLANNING COMMISSION OF THE CITY OF TEMECULA RECO~ING APPROVAL OF DEVELO~ AGRE~VIENT NO. 92-1, CHANGE OF ZONE NO. 21 TO CHANGE ~ ZONING FROM R-R TO R-3, AND TENTATIVE .PARCEL MAP NO. 27314, A1Vts~IVt]~T NO. 3 TO SUBDIVIDE .~ 96.9. ACRE PARCEL INTO FOUR (4) PARCEL~ AND ~, REMAINDER PARCEl. S~ TO ~ CITY COUNCIL ACTION ON CHANGING ~ LAND USE DESIGNATION OF PARCEL NO. 2 OF TENTATIVE PARCEI. MAP NO. 27314, ~MENT NO. 3 FROM PUBLIC INSliTull ONAL TO HIGH-DENSITY RESIDENII4L LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANClIO VISTA ROAD AND EAST OF ~ ~ VALLEY mGH SCHOOL. Wig. hi?AS, The Linfield School fled Development Agreement No. 92-i, Change of Zone No. 21 and Parcel Map No. 27314, Amendment No. 3 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHERE,, said applications were proces~ in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said applications on March 1, 1993, at which time interested persons had an opportunity to testify 'either in support or opposition; W!~-I~F. AS at the conclusion of the Commission hearing, the Commission recommended approval of said applications; ... Now,' THEREFORE, Tiff, PLANN G' COMMmS ON OF crrY oF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 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 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 n:~s~r^vmu, r~14.~ 7.~93 u, 10 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 subsumti~! detriment to or interference with the future a~t. opted 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 hw and local ordinances.' B. The Riverside County General Plan, as mended by the Southwest Area Community Plan, (hereinafier "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 Planning Commission in recommending appwval of said applications makes the following fmdings, to wit: Development Agreement No. 92-1 1. The City is proceeding in a timely fashion with the preparation of its General Plan. 2. There is a reasonable probability that the project will be consistent with the general plan proposal presently being considered subject to the City Council. approving a High-Density Residential desiguation for Parcel No: 2 of Tentative Parcel Map No. 27314, Amendment No. 3, since the project will be compatible with surrounding uses and will carry out the policies intended for the General Plan. 3. There is little or no pwbability of substantinl deXriment to or interference with the future adopted general plan if the project is ultimately inconsistent with the plan, since this pwject will not have a negative impact on the surrounding uses. 4. The project complies with all other applicable requirements of state hw and local ordinances. 5. The environmental impacts of the agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City approvals for the project. 6. No other mitigation measures for environmental impacts cTeated by the project, as presently approved shall be required for development of the projec:t unless mandated by lawS. 7. The City may, pursuant to and in accordance with its rules, reffulafions, and ordinances, conduct an environmental review of subsequent di~retionary enti~ements for the development of the propen3r or any chanffes, amendments, or modifications to the property. The City, as a result of such review, my impose additional measures (or conditions) on studies to mitigate as' permitted by law the adverse environmental impa~s of such development entitlement which were' not considered or mitigated at the time of approval of the project. Chanlfe of Zone No. 21 1. There is a reasonable probability that Change of Zone No. 21 will be consistent with the City's future General Plan subject to City Council approving a High-Density Residential designation for Parcel No. 2 of Tentative hre~l Map No. 27314, Amendment No. 3, which will be completed in a reasonable time and in ac, c,o~c~ with State Law, due to the fact that the future development of the site will be controlled by a Development Agreement which is consistent with City's policies for the new General Plan. ' 2. There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change 'of Zone No. 21 is ultimately inconsistent with the plan, due to fact that the development of the site will be controlled by a Development Agreement wkich is consistent with the City's policies for the future General Plan. 3. The pwject is compatible with surrounding land uses since this project will not have negative impacts on the existing school sites to the east and west and the existing and proposed single-family dwellings to the north and south. 4. The proposal wffi not' have-an adverse effect on the environment, since mitigation measures .have been incorporated: into the project design to reduce the impacts to a level of insignificance. Tentative Parcel Map No. 27314. Amendment No. 3 1. There is a reasonable probability that Tentative Parcel Map No. 27314, Amendment No. 3 will be consistent with the City's future General Plan subject to City Council appwving a High-Density Residential designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment No~ 3 which will be completed in a reasonable time and in accordance with State hw. The project as 'c~nditioned conforms with existing applicable city zoning ordinances and development standards. 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 future development of tl~e site will be controlled by a Development Agreement which is consistent with the City's policies for the new. General Plan. 3. 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 (Phnning and ZOning Law). health or welfare. The project as designed and conditioned will not adversely affect the public 5. The project is compatible with surrounding land uses since the proposal wffi not have a negative impact on the existing school sites to*the east and west and the existing and proposed single-family dwellings to the noah and south.. 6. The project.has acceptable access to dedicated rights-of-way which are open W, and useable by, vehicular traffic. The project draws access from Pauha Road and Rancho Vista Road, impwved dedicated City rights-of-way. Project access, as designed and 'condi~oned, conforms with applicable City Engineering sUmdards and ordinances. 7. The project as designed and conditioned will not adversely affect the built or natural cnvironmcnt as determined in the Environmental Analysis for this project. 8. 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. F. As conditioned pursuant to Section 3, the Parcel Map pwposed is compatible with the health,, safety and welfare of the community. Section 2. Environmental Compliance. An Initial Study prepared for this' project indicates that the proposed project will not have a significant impact on the environment with the incorporation of the mitigation measures into the project design, and a Negative Declaration, is hereby granted. Section 3. Conditions. That the City. of Temecuh Planning Commission hereby recommends approval of Development Agreement 92-1, Change of Zone No. 21, and Tentative Parcel Map No. 27314, Amendment No. 3 located at north of Pauba Road, south of Rancho Vista Road and east of the Temecuh Valley High School subject to City Council approval of a High-Density Residential designation for Parcel Map No. '27314, Amendment No. 3 and subject to the following conditions: 'A. Attachment No. 3, attached hereto. PASSED, APPROVED AND ADOFrED this 1st day of March, 1993. R:~-q~TAFFRF~314.pC 2/24/93 13 LINDA FAHBY I ~!~,Ry CERTII~ that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 1st day of March, 1993 by the following vote of the Commission: AYES: NOES: ABSB -r': PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COIIMISSIONERS: G~Y~ORNI-IrtL S~RET~Y R:~swr^mom27s14.~ 2r. ss -, 14 ATTACHMENT NO. 2 CONDITIONS OF APPROVAL R:~S~STA~314.pC 204/93 bJb '- 'CITY OF TEMECULA CONDITIONS OF APPROVAL PLANNING DEPARTMENT Tentative Parcel Map No. 27314, Amendment No. 3 Project Description: To create four (4) parcels and a remainder parcel Assessor's Parcel No.: 955-020-002 Approval Date: Expiration Date: WITHIN FORTY-BGHT {48) HOURS OF THE APPROVAL OF THIS PROJECT '1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order payable to the County Clerk in the amount of One Thousand Three Hundred dollars ($1,300.00), which includes the. On Thousand Two Hundred and Fifty Dollar ($ ! ,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Fifty Dollar (~50.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 California Code of Regulations 15075. If within such forty-eight (48) hour period the aPPlicant/developer has not delivered to the Planning Department the check required above; the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). GENERAL REQUIREMENTS e '3. The' tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 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. The subdivider shall defend, indemnify; and hold harmless the City of TemeCula, it agents, officers, and employees from any claim, action, or proceeding against the City of Temecula, its advisory agencies, appeal' boards or legislative body concerning Tentative Parcel Map No. 27314, 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. If Subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Planning Director. The project and all subsequent projects within this site shall be subject to Development Agreement No. 92-1. ' R:~S~T~i4.pC 2r24/93 ~b 16 10. 11. The applicant shall consult the Army Corps of Engineers and the California Department of Fish and Game prior to designing the site plan for the project to mitigate the impacts to the-wetlands as identified in the Figure 2 of Biological Report which includes the unvegdtated alluvial wash and the Southern Willow Scrub. A proof of this consultation shall be submitted to the Planning Department along with the Plot Plan or Conditional Use Permit applications. These applications shall not be deemed complete without the proof of consultation with both of these agencies. All development proposals within this project shall be subject to. further. approvals of the City of Temecula which include but are not limite~l 'to Plot Plans and Conditional Use- Permits... ' A full disclosure shall be made to all prospective residents, whether buyers or renters, that the existing Temecula Valley High School football stadium, tennis courts and other related facilities will be used extensively for ball games, practices, rock concerts and ' community activities. These events occur during both the daytime and evening hours and will generate considerable noise and light. The Temecula Valley Unified School District will not accept responsibility for the impact that these activities may have on the neighboring complexes, nor will any of these conditions be subject to mitigation by the district. The disclosure shall be made at the time of initial marketing and through individual grant deeds. The specific form of. the disclosure shall be approved by the Planning Director and the City Attorney prior to issuance of building permits.. The proposed project will be impacted by the Temecula Valley High School stadium noise and light. The following shall be implemented prior to approval of any Plot Plans or Conditional Use Permits: A. A noise study shall be submitted. This study shall examine the impact of the stadium on the proposed residences. Mitigation measures shall be included in the study including but .not limited to building setbacks from the westerly' property line, walls, landscaping, building orientation and building design. These mitigation measures shall reduce the maximum interior noise level to 45 Ldn and the exterior noise level to 65 Ldn. Tests shall be conduct. ed during sporting events and other .. special events scheduled for the stadium. · A light impact study shall be submitted. Mitigation measures shall be incorporated into the project design including but not limited to building setbacks from the westerly property line, walls, landscaping, building orientation and building design. These mitigation measures shall reduce the impact to a level of insignificance as determined by the Planning Director. The entrance gates to the private roads in the multi-family senior complex, if proposed, shall be set back sufficiently to allow for stacking of cars to avoid blocking the right-of- way. This condition shall be complied with prior to approval of the Plot Plan. A pedestrian friendly circulation system shall be designed to separate the pedestrian and auto circulations by linking parking lots, building and recreation areas together by accent paving, cross walks, lighting, landscaping and signage. ~:XS'k~rAFI~t!~r~7314.PC 2/24/9'3.]rJb 17 · 12. The architecture and the landscaping of the project shall take into account the surrounding single-family units and schools and effectively buffer them with landscaping or crea. tea pleasing facade to the neighboring properties especially the single-family units. PRIOR TO ISSUANCE OF GRADING PERMITS 13. A Mitigation Monitoring Program shall be submitted to and approved by the Planning Director. '14. A copy of the Rough Grading plans shall be submitted to and approved by the Planning Director. 15. 16. 17. A Biology Study shall be prepared for the subject property by a Biologist and submitted to the Planning· Director for review. Should Stephens' Kangaroo Rat (Dipodomys stephensi) habitat or other sensitive habitat be determined to exist upon the site, then mitigation measures to be included in the Miti0ation Monitoring Program. If no habitat is determined to exist, then 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. A qualified Paleontologist/archaeOlogist shall be chosen.by the developer and approved by the Planning Director for consultation and comment on the proposed grading with respect to potential Paleontological/archaeological. impacts. Should the Paleontologist/archaeologist find potential is high for impact to significant resources, prior to commencement of the grading operations a meeting between the Paleontologist/archaeologist, Planning Director staff and the excavation and grading contractor shall be arranged. Mitigation measures shall be approved by the Planning Director and included in a Mitigation Monitoring Program. When necessary, the Paleontologist/archaeologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. The following Shall be submitted to and approved by the Planning Director: A. A copy of ~e Conceptual Landscape Plans to include: (1) Drought tolerant plants. (2) All plants meeting the following minimum size requirements: (a) ' All trees shall be a minimum of 15 gallon with at least 50 percent of trees with a minimum of 24 inch box. (3) (b) All shrubs shall be a minimum of 5 gallons. (c) ' All ground cover shall be a minimum of 8" on the center Landscaping for the following: R:LSLSTAFFR.~I4.pC 2F/,4./~3 Ir, Jb 18 (a) The golf course. (b) Typical slope conditions. (c) Private common areas including all improvements. (d) Shrub planting to completely screen perimeter Walls adjacent to a public right-of-way equal to sixty-six (66) feet or larger. · (e) Parkways. (f) All other interior landscaping. (4) (g) Screening the residences on Parcel No. 2 from the stadium with a combination of different species of fast growing and tall trees. (h). All existing trees. Any existing trees that are removed as a result of this project shall be replaced with a ratio of 5:1. This replacement shall be over and above other ordinance requirements. Hardscaping for the following: (a) Pedestrian trails within private common areas. (5) The height, location and the following materials for all walls and fences: (a) (b) Decorative block.for the perimeter of the project adjacent to a Public Right-of-Way equal to sixty-six (66) feet or larger. Wrought iron or decorative block and wrought iron combination to take advantage of views. Be (c) Wood fencing shall be used only in the interior of the project. A copy of the construction, landscape and irrigation 'plans consistent with the conceptual landscape plans. Ce A Security Performance Bond shall be secured with the Planning Director to insure the installation of landscaping along the westerly property line to screen the high school stadium immediately after grading operations have been completed. PRIOR TO RECORDATION OF THE FINAL MAP 18. The following shall be submitted to and approved by the Planning Director: A. A copy of the Final Map B. A copy of the Rough Grading Plans C. A copy of the Environmental Constraint Sheet (ECS) with the following notes: P-:XSXSTAFFRPT~Y~I4J~ :2~3 I 19 (1) (2) 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 recommendations. The 100 year flood plain areas shall be delineated. (3) Drainage easements shall be kept free of buildings and obstructions. (4) A fifty (50) foot wide easement shall be recorded on both sides of the · wetland habitats as identified in the .Biological Report and shall be designated a biological open space. The area within thiseasement may be incorporated into the design of the golf course. (This condition may be waived by the Planning Director if the applicant submits proof of mitigation acceptable to the Department of Fish and Game and the Army Core of Engineers that waves the requirement for this easement). A copy of the Covenants, Conditions, and Restrictions (CC&R's) (1) (2) CC&R's shall be reviewed and epproved by the Planning Department. The CC&R's shall include. liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. 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 for provisions required as Conditions of'A'pproval. 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. (3) 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) a share in the corporation, or voting membership in an association owning the common areas and facilities. PRIOR TO ISSUANCE OF BUILDING PERMITS 19. No building permits shall be issued by the City for any residential lot/Unit within the projecf boundary until the developer/owner or his/her successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one- hundred dollars ($100.00) per lot/unit shall be deposited with the City as mitigation for public library development. 20. A $400.00 per dwelling unit 'fire mitigation fee shall be assessed prior to issuance of building permits. 21. A phasing plan shall be submitted to and approved by the Planning Director for the installation of the landscaping for parcel 2. 22. Roof-mounted mechanical equipment shall not be permitted within the of the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Director approval. 23. A copy of the construction, landscape and irrigation plans consistent with the conceptual landscape plans. PRIOR TO ISSUANCE OF OCCUPANCY PERMITS 24. 25. 26. 27. 28. PUBLIC If deemed necessary by the Planning Director, the applicant shall provide additional landscaping to' effectively screen various components of the project. The applicant shall sign an agreement and/or post a bond with the City to insure the maintenance of all landscaping within each parcel for a period of one year. All the Conditions of Approval shall be complied with to the satisfaction of the Director of Planning, Public Works, Community Services and Building and Safety. All landscaping for parcels 1, 3 and 4 shall be installed. The landscaping for parcel 2 shall be installed according tc~ a phasing plan. WORKS DEPARTMENT GENERAL REQUIREMENTS 29. 30. 31. It is understood that the developer correctly shows on the tenta~,~ve map 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. A Grading Permit for either rough or precise (including all on-site 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. 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. R:~STAFFRFI'~?314-1sC 2/24/93 klb 21 · 32. 33. PRIOR 34. 35. 36. 37. 38. 39. 40. 41. All improvement plans, grading plans, and landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous tO the ~ite. 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 A copy Of the grading and improvement plans, along. with' supporting hydrologic and . hydraulic calculations, shall be submitted to the Riverside County Rood Control.and Water Conservation District for approval prior to reCordation of the final map or issuance of any permit. A permit from Riverside County Rood Control and Water Conservation District is required for work within their right-of-way. The final grading plan shall be prepared by a' registered Traffic 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. · The 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. ' The developer. shall receive written clearance from the following agencies: · · · · · · · · · San Diego Regional Water Quality. Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works Riverside County Health Department Commur~ity Services District General Telephone Southern California Edison Company 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 Traffic Engineer and submitted to the Department of Public Works for Teview and approval. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping, or provided with other erosion control measures as approved by the Department of Public Works. R:~STAFPRPT~334.pC 2/'~4/93 ]rJb 22 42. 43. 44~ 45. 46. 47. 48. 49. 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 tothe-Riverside County Rood Control and Water Conservation District prior to issuance of perrhits. 'If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. The developer shall obtain any necessary letters of approval or easements for any off-site work performed on adjacem properties as directed by the Department of Public Works at no cost to any agency, The developer 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 developer shall provide adequate facilities as approved by the Department of Public Works, The developer shall protect downstream properties from damagecaused 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, or by incorporating on-site detention basin facilities such that the downstream 100-year 'Q~ is not increased as a result of the development of this project. 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: A permit from .the Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. A site balanced, mass grading. plan for the entire project 'shall be approved by the Department of Public Works prior to the issuance of any individual parcel's grading permit and the individual grading plan shall conform to the mass grading plan. Prior to the issuance of an individual parcel's grading permit, the associated future site plan shall be approved. It is understood that the project site plan as submitted is for the purpose of reviewing non-engineering issues. Specific engineering criteria will be evaluated with future site plan applications. Proposed future site plans shall include, but not be limited to, the following elements: Existing and proposed storm drain facilities shall be shown on the future proposed site plans' along with associated easements. A drainage study shall be provided to indicate said facilities and verify the adequacy of existing downstream facilities, otherwise the drainage study shall address the requirements for on-site detention facilities designed to accommodate the 100-year design runoff without negatively impacting the downstream facilities. ' R:~SLSTAl~"P, Fr~7314.pC 2/24/93 Idb 23 50. 51. 52. 53. B. Proposed and existing sewer mains and lift station(s) shall be shown on future site plans to ensure adequate service and readily available fall for the proposed project. C. 'Proposed and existing water mains shall be shown on future site plans to ensure that service is readily available to the proposed project. Private roads included in future site plans MUST be designed to meet City Public Road Standards or otherwise app~oved by the Department of Public Works. This should include but may not be limited to: A. Minimum road widths of 32-fee~ paved .with. 50-feet/60-feet' right-of-ways Or easements (shown on typical section). B. Knuckles being required at 90° 'bends' in the road. Separation between on-site intersections shall meet current City Standards (200- ft. minimum). Cul-de-sac geometrics shall meet current City Standards. Minimum safe horizontal centerline radii shall be required (all centerline radii should be identified on the site plan). 90° parking immediately adjacent to the private streets shall be located a minimum safe distance from intersections. Distance to the nearest existing off-site access point on Rancho Vista Road and Pauba. Road shall be identified on the site plan. Identify whether gates will. be proposed at entrances to project.. If so, configuration, stacking distance, and turn-around ability will need to be reviewed and approved by the Fire Department and the Department of Public Works during the Site Plan review stage. All intersections shall be perpendicular (900).· All driveways providing access to two or more buildings shall be designed as a cul- de-sac or a loop road. The future site plan application for the Senior Center shall reflect the requirement for a turn-around at the end of the driveway or loop extended around the buildings. The grading plan shall be designed to reflect the relocation of the existing reservoir on the easterly edge of the project to be wholly contained within the remainder parcel. The preliminary soils report submitted in conjunction with the project grade plan shall address the dike design necessary to accomplish this. The grading plan shall be designed to reflect the relocation of the existing access road to school facilities within the remainder parcel off-site. 54. PRIOR 55. 56. 57. Site plan applications which include development impacts over and above those identified in the aiDproved Tentative Parcel Map/Development Agreement Traffic Study (dated June, 1992).~hall include an updated traffic study. This study may include, and the Department of Public Works may condition, additional mitigation measures as warranted. TO THE ISSUANCE OF ENCROACHMENT PERMITS All necessary grading permit requirements shall have been completed and approved. 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 Traffic 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: Flow line 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 Standard Nos. 207/207A and 401 (curb and. sidewalk). Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance No. 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 Nos. 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 No. 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 shall be conveyed through under-sidewalk drains. R:~S~STA~314.pC 2/24/93 58. 59. PRIOR The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. Impro~/ement plans per City Standards for the private streets or drives shall be required for review and approval by the Department of Public Works. 60. 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. '. ' . ' 61. All utilities, except electrical lines rated 33kv or greater, shall be instailed underground' 62. All conditions of the grading permit and encroachment permit shall be complied with to the satisfaction of the Public Works Department. '. 63. A construction area traffic control plan shall be designed by a registered Traffic Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. TO RECORDATION OF FINAL MAP" 64. · 65. Any delinquent property 'taxes shall be paid. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements within 18 months 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; Storm drain facilities; Landscaping (slopes and parkways); D. Erosion control and slope protection; E. Sewer and domestic water systems; and F. Undergrounding of proposed utility distribution lines. 66. 67. 68. 69. 70. 71. 72. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality. Rancho California Water District Eastern Municipal Water District Riverside County Rood Control and Water Conservation District City of Temecula Fire Bureau Planning Department Department of Public Works Riverside County Health Department CATV Franchise Community Services District General Telephone Southern California Edison Company Southern California Gas Company Fish and Game Army Corps of Engineers 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. Complete half-street improvements in Pauba Road and Rancho Vista Road shall be provided, or bonds for the street improvements may be posted, within the dedicated right- of-way in accordance with City Standard No. 102 (88-ft/64-ft). The developer shall make a good faith effort to acquire the required off-site property interests, and if he/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, Sections 66462 and 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 sha'll 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.. 'f;he appraiser shall have been' approved by the City prior to commencement of the appraisal. Vehicular access shall be restricted on Pauba Road and Rancho Vista Road and so noted on the final map with the exception of those access points and intersections recommended per the approved Traffic Report and identified on the approved Tentative Parcel Map. A signing and striping plan shall be designed by a registered Traffic Engineer. and approved by the Department of Public Works for Pauba Road and Rancho Vista Road and shall be included in the street improvement plans. Plans for a traffic signal shall be designed by a registered Traffic Engineer and approved by the Department of Public Works for the intersection of Pauba Road and Margarita Road and shall be included in the street improvement plans with the second plan check submittal. R:~SLqT~314.pC 2/24/93 ]rJb 73. 74. 75. 76'. 77. 78. 79. 80. 81. 82. 83. 84. A school zone signing and striping plan shall be designed by a registered Traffic Engineer and approved by the Department of Public Works for the school site within this project. This will be separate from the street improvement plans and will cover any and all streets necesiary to provide the appropriate signing and striping. Prior to designing any of the above plans, contact the Department of Public Works for the design requirements. Bus bays will be provided at all existing and future bus stops as .determined by the Department of Public Works. A Transportation Demand Management Program will be required. Corner property line cutoff shall be required per Riverside County Standard No. 805. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. An easement for a joint use driveway shall be provided prior to approval of the final map or issuance of building permits, whichever occurs first. Easements, when required for roadway slopes, landscape easements, drainage facilities, · utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted 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 deiineate 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 following information shall be on the ECS: The delineation of the area within the 100-year floodplain; Special Study Zones. The developer shall comply with all constraints which may be shown upon an ECS recorded with any underlying maps related to the subject property. The developer shall deposit with the Department o~ 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 the 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. . R:~S~%'TAPPR]sI'~7314.PC 2/24/93 lrJb 28 85. -86. The developer shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer, and City attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. Yhe CC&R's shall be reviewed and approved by the City and recorded. The CC&R's shall be submitted to the following Engineering. conditions: o, The CC&R's shall be prepared at the developerrs sole.cost and expense. The CC&R's shall be-in the form and content approved by the Director of Planning, City Engineer, and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. . The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of Planning, Department of Public Works, and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and related facilities. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City ordinances. The property shall .be subject to a lien in favor of the City to secure any such expense. not promptly reimbursed. (1) (2) All parkways, open areas, on-site slopes and landscal~ing shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to Planning and the Department of Public Works prior to issuance of building permits. Reciprocal aocess easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by CC&R's or by deeds and shall be recorded concurrent with the map, or prior to the issuance of building permit where no map is involved. PRIOR TO ISSUANCE OF BUILDING PERMITS 87. 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 Traffic Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. ]~:~S~FAFFRP'D~314.pC 2/24/93 klb 29 89. 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 conforfnance with the approved rough grading plan. The 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 m!tigation 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 810,000. The 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, the 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 90. 91. 92. 93. 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 traffic signal at Pauba Road and Margarita Road shall be installed and operational per the special provisions and the approved traffic signal plan. (At the developer's request, the City will enter into a reimbursement'agreement for costs over and above the app~oved project's impacts, as dictated by future approved'traffic Studies.) All school zone signing and striping shall be installed per the approved school zone signing and striping plan. 94. 95. The developer shall provide "STOP" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. Landscaping shall be limited 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. 96. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. R:XSXSTAFFR~,rX2'~4.~ 2r~ tm 30. OTHER AGENCIES 97. The applicant shall comply with the environmental health recommendations outlined in the RiVerside County Health Department's transmittal dated July 1 1992, a copy of which is attached, ' 98. The applicant shall comply with the fire improvement recommendati'ons outlined in the CounW of Riverside Fire Department's letter dated May 4, 1992, a copy of which is attached. 99. The applican~ shall comply with the recommendations Outlined in the .Eastern Municipal Water District transmittal dated March 12, 1992, a copy of which is attached. 100. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated May 7, 1'992, a copy of which is attached. 101. 102. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated March 2,. 1992, a copy of which is attached. The applicant shall comply with .the recommendations outlined in the ' Temecula Community Services District transmittal dated August 12, 1992, a copy of which is attached. R:~\STAFFRP~I4.pC 2/241{)3 ]rib 31 COUNTY OF RIVERSIDE HEALTH SERVICES AGENCY 9851 Magnolia · Rivehide, CA 92503 July 1, 1992 KgiNETBB. COREN Dim,or (714) 358-7808 CITY OF TEMECULA 43174 Business Park Drive Temecula, CA 92590 ATTN: Saied Naaseh: RE: TENTATIVE TRACT NAP NO. 27'314: BEING A PORTION OF THE RANCHO TEMECLJLA, AS GRANTED BY U.$. GOVERNMENT TO LUIS VIGNES BY. PATENT DATED 1-18-19~0, AS SHOWN BY LIBER 19 PAGE ;~7, RECORDS OF SAN DIEGO COUNTY, AN PARCELS 192,&3 OF PARCEL; MAP B3/97-100 RECORDS OF RIVERSIDE COUNTY, LOCATED IN THE CITY OF TEMECULA, CALIFORNIA, ( 4 LOTS ) Dear Gentlemen:. The Department of Environmental Health has reviewed Tentative Tract Map No.. 27514 and recommends:' A water system shall be installed according to plans and specifications as approved by the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet, along with the original drawing to the County Surveyor. The prints shall show the internal pipe diameter, location valves and fire hydrants; p~pe and joint specifications, and the si=e of the main at the junction'of the new system to the existing system. The plans shall cGmply in all respects 'with Div. 5, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title Chapter 16, and General Order No. 105 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water comDany with the following certification: "I certify that the design of the water system in Tract Map 27514 is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such Tract Map." ~ c~92~ (714) 358-50~a City of Temecul a Page Two Attn: Sai ed Naaseh J bl y I, 19~2 This certification does not constitute a guarantee that-i't will supply w&ter to such Tract Map.at any specific quantities, flows or pressures for fire protection or any other purpose". This certification shall be signed by a responsible official of the water company. The plans must be submitted to The County Surveyor's Office to review at least two weeks prior to the request for the recordation of the final maD. This subdivision has a statement from Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for financial arrangements to be ma~e prior to the recordation of the final map. This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the County Surveyor and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor. The prints shall show the internal pipe diameter, specifications and the size of the sewers at the junction of the new system to the-existi.ng.system. A single. plat indicating location of sewer lines and.'water lines shall be a portion of the sewage plans and.profiles. The Olans shall be signed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tract Map No. 27514 is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tract Map." City of Temecul a Page Three · Attn: Sai ed Naaseh ~uly 1, 1992 The 01ans must be submitted to the County Survevor's Office to review 'at.least two weeks orior to the request for the recordation of the final mao. It will be necessary for financial arrangements to be completely. finalized prior to recordation of the final map. It will by necessary for the annexation proceedings to be completely finalized prior to the recordation of the final map. Si ncer el y, ~m/~.H.S.· IV Department of Environmental Health SN:dr · -- " RIVERSIDE COUNTY · 210 WEST SAN JAClNTO AVENUE · PEXRIS, CALIFORNIA 92370 ~ ' C/14) 6~7-3183 MAY 4,-1992 TO; CITY OF TEMECULA ATTEN; PLANNING DEPARTMENT RE: TENTATIVE TRACT 275~4 CHANGE OF ZONE No. 21 AMENDED No. I With' resoect to the review and/or approval of the above refer-' enced project, the Fire DeDartment has no comments or conditions regarding the tract map and will address all necessary FAre Protection measures when the plot plan or project developement plan is reviewed. All 'Questions regarding the meaning of conditions shall be re- ferred to the Planning and.Engineering Staff. RAYMOND H. REGIS Chief Fire Department Planner Michael E. Gray, Fire Captain Specialist F) INDIO OFFICE 79-733 C, mmtry Club Dr4,~ Sub= F, ~ CA 92201 (619) 34_2-~J~___ · FAX (619) 77,q-2072 PLANNING riMS!ON ['IRIVERS~OFFIC~ 3760 12th Saul, J~ CA 92501 (714) 275-4777 · FAX (714) 369-7451 March 12, lggZ (Oa~e) RIverside County Health Department c/o Albert A. Webb Associates 3788 McCray 5treeE R~verslde, CA 92506 ' Gentlemen:' Re: Availability of Santtary Seer $ervfce for :. 13 199Z Tentative Parcel Nap 27324 14e hereby advtse you Pelattve to the avatlab~lfty of santtary sewer service for the above referenced proposed development as follows: The property to be occupqed by the subject proposed development: /-XX7 ZS PRESENTLY LOCATED w~thtn the boundary 11nee of tMs DtstHct's ~mprovement Dlstrict No. U-8 and ~s eltg~ble to recetve sanitary sewer servl ce, ' Z__/IllST BE ANNEXED to this Otstr~ct.'s Improvement Dtstr~ct No. following which It wtl1 be eligible to recetve santtary sewer servtce, /"7' met BE INCLUDED tn a new Dtstr~ct Improvement d~strict, assess-' men: dtstrtc~ or other program to be formed and Implemented for the Pu~ose of providing santtary sewer facilities and service for the generaT area within which th~s proposed 'development ts 1. ocated, following which tt wfll be eltgtble to recetve sanitary sewer serv~ce, provided: z) z) If you have any questions or con~ents regarding the foregoing, do not to contact th~s office, Very ~Puly your_ , Assistant Dtrecl:or of Customer Service The develope~ completes all. necessary ffna~c~8l and other arrangements Chorefore, as de=ermlned by the Dtstr~ct, w~th the Dlstrtct by September 1993 ; That no LZMFTZNG CONDFFZONS exist which ARE BEYOND thts DZb'rRZCT'S CONTROL or CANNOi B~ COST EFFECTZVELY and/or reasonably satlsfieO by the DIstrict, which conditions my ~nclude but are not limited to, acts of God, REGULATORY AGENCY REQUZRENENT$ or decisions, or-legal acttons tn~tlatee by o~ers; hesitate '~aiZ %: P,sr Office R,x R~O0 , S~n]acinrn. Glibrhea g25Rl~l~O0 , Tetep~ x714~ 925-7676 , Fu c71.1~ 9~5T ,Main Office: 20. i5 & ~n.l~ntn Sty. ~nJ~inr. · G~rx,mer ~n'ic~'E~i~i~ An~ ~ g ~kla~ A~. Hc~:. C~ FOR DISTRICT USE ~H~ 1. Names and Addresses of Involved Parties: Involvement Name Owner of Property Ltnfteld School Address 31950 Peuba Road Temecula, CA 92590 'Developer Developer's Engineer Albert A. ~bb Ass'oc, 3788 NcCray Street R1versfde. CA qP,~O6 General Location of the involved property: North side of Pauba Read. We~t nf ~,i~r Brief legal description of the tnvolved property: Tentative Parr, j1 H~p :r7314 Number of proposed lots/parcels 4 Parcels Estimated number of dwelling units (or equivalent) Other pertinent information Zoned Senior Citizen. Convalescent Small scale map of the subject proposed development Area 96.7 (in acres) Irahobo Wmr May 7, 1992 Mr. Saied Nnasch City of Tcmecula Planning Department 43180 Business Park Drive Temecula, CA 92390 Water Avm'iab~ity Tentative Tract Map 27314 Change of Zone 21 Dear Mr. Naaseh: Please be advised that the above-referenced properly is located within the boundaries of Rancho California Water District CRCWD). Water service, therefore, would be available upon completion of financial arrangements between RC"WD and the property owner. Water availab~ity 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. Senga Dohcrty. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P. E. Manager of Development Engineering cc: Senga Doherty, Engineering Technician I - 7'A RIVERSIDE TRANSIT AGENCY 1825 THIRD STREET · RIVERSDE. CA 92507-3484 · BUS. [714] 684-08513 FAX [714} March 2, 1992 Saled Naaseh City of Ternecula Planning Department 43174 Business Park Drive Ternecula, CA 92590 RE: TT 27314 Dear Said: We do net currently provide service to the site mentioned above but based on the size of the project and our own plans for future growlh, we are requesting that a bus turnout or a pad for a bus stop be incorporated into the general design. Ideal site for the bus turnout would be on northside comer of Paube Road adjacent to Pamel 3 just before main entrance to the senior citizen housing. If possible, we would also like to request that peclestdan walkways and wheelchair curb be provided near the tumout location specified above. I can indicate the exact location for the turnout as the project progresses. Thank you for the opportunity to review and .comment on this project. Your efforts to keep us updated on the stmus of this request will be very much appreciated. Please let us know when this project will be completed. Should you require additional information or specifications, please don't hesitate to contact me. Sincerely, Barbara A. Bray Transit Planner ss/jsc PDEV #151 TO: FROM: DATE: REFERENCE: SAm'r~ NAASEH SKAWNNI=:t-~ON DIRECTOR OF COMMUNIYY SERVICES AUGUST 12, 1992 TENTATIVETRACT NO. 27314, ~MENT NO.2 The Temecula Community Senric~ Disn~ (TCSD) staff has reviewed the conditions as s~t forth in tlie City of Temecula Conditions of Approval and recommends APPROVAL of Tentative Tract Map No. 27314, Amendment No. 2,'subject to the d~eloper or his assignee conforming to the TCSD Quimby Ordinance No.' 460.93 as attached. All questions r~garding the m~ning of the attached conditions shall be referred to the 'TCSD. Gary King ~ryl Yasinosky Debbi~ Ubnoflc~ All proposed slopes, open space, and parkland inumded 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 areas. " Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or grater), shall be offered for dedication W the TCSD for maintenance purposes following compliance to existing City Standards and completion of an application process. All other slopes shall bc maintained by an established Home Owners Association CHOA). ATTACHMENT NO. 3 EXHIBITS R:~STA~I4,]"~ 2/24/1~ ~ 32 CITY OF TEMECULA ./ /7 ./ / / CASE NO.: ~XHIRIT: A ==~ DATE: Development Agreement No. 92-01 Change of Zone No. 21 Tentative Parcel Map No. 27314, ~,mendment No. 3 Mnrch 1, 1~)3 ,:\5~3TA~314.?C 2/24/93 SITE PLAN CITY OF TEMECULA "rR2s075ol CASE NO.: Development Agreement No. 92-01 Change of Zone No. 21 Tentative Parcel Map No. 27314, Amendment No. 3 ~:XHmIT: B TENTATIVE PARCEL MAP P.C. DATE: March 1, '1993 ATTACHMENT NO. 4 INITIAL ENVIRONMENTAL STUDY R:~S~TA~!4.pC 2/24/~3 kib 33 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRO~AL STUDY H BACKGROUND Name of Proponent: Address and Phone Number of Proponent: Linfield Christian School. 31950 Pauba Road . Temecula, CA 92592 3. Date of Environmental Assessment: 4. Agency Requiring Assessment: June 20, 1992 CITY OF TEMECULA 5. Name of Proposal, if applicable: 6. Location. of Proposal: ENVIRONMENTAL IMPACTS N/A Surrounded by Panba Road to the south and Rancho Vista Road to the north and 700 feet east of Margarita Road (Explanations of all answers are provided on attached sheets.) C, do Will the proposal result in: Unstable earth conditions or in changes in geologic substructures7 Disruptions, displacements, compac- tion or overcovering of the soil? ' Substantial change in topography or ground surface relief features? The destruction, covering or modi- fication of any unique geologic or physical features? Ye~ .X Maybe No _ X -- ..X _ X R:XS%STAFFRPT%27314.1ES 2/23/93 Idb 2. Air. a. b, 3. Water. a. be C, d, R:\S~,STAFFRPT~27314.1ES 2123/93 Idb Any substantial increase in wind or water erosion of soils, either on or off site? Changes in deposition or' erosion of beth sands, or changes in silta~on, 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? 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? 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 surfac~ runoff?. Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? X Ma_vt~ X X X X X ..X .X X ee ge Discharge into surface waters, or in any alteration of surface water quality, ingluding, but not limited to, temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow of ground waters? Change in ~ quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduaion in the amount of water otherwise available for public water sapplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Plant Life. Will the proposal result in: a, c, d, 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? Yes X .X Maybe .X X .X ..X X R:\S\STAFFRPT~27314.1ES 2123/93 Idb 10. Animal Life. Will the proposal result in: ae Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- organisms or inseas)? Reduction of the numbers of any unique, rare or rodangered 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 new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? - Natural Resources. Will the proposal result in: a, Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Risk of Ulmet. Will the proposal involve: a, 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? Yes X Maybe X X X ..X X X .X X R:%S\STAFFRPT%27314.1E$ 2123/93 klb 11. -12. 13. 14. 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 housin~ Transportafion/Ciradafion. Will the proposal result in: Generation of substantial additional vehicular movement?. Effects on existing parking facili- ties, or demand for new parking? C, Substantial impact upon existing. transportation systems? 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? 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? Yes X X Ma_vb, .X X ...X X X X X .X R:%S%STAFFRFT'~27314.1ES 2123/93 Idb 16. 17. 18. ee 'M, intenAnCe Of public facilities, including roads? f. Other govern~ service~: Eaeqy. Wiil the proposal result in: Use of substantial amounts of fuel or energy? be Substantial hcrease in demand upon existing sources of energy,.. or require the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm. water drainage? f. Solid waste and disposal? Human Hea!ffi.-'.Will the proposal result in: Creation of any health hazard or potential health hazard (excluding mental health)? .. be Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? R:\S%STAFFRFT'%27314.1ES 2123/93 klb Yes Maybe No _ X --. X -- X · . X __ X -- .X X 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Cultural Resources. ae Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? be Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Cs Does the proposal have the potential to cause a physical change which would affect unique e~hnic cultural values? de Will the proposal restrict existing religious or sacred uses within the potential impact area? 2 I. · Mandatory Findings of Significance. a, 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? bs Does the project have the-potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future.) Yes X Ma_vbe X X X X X R:\S\STAFFRPT%27314.1ES 2123/93 Idb Does the projea have impacts which are individually limited, but cumu- latively considerable? (A project's im,nact 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 advene effects On human beings, either directly or indirectly?. Yes X X R:~'S\STAFFRPT'%27314.1ES 2123/93 Idb HI DISCUSSION OF ~ ENVIRONMENTAL EVALUATION 1 .c.d. I.e. 1.f. 1.g. Air 2.b. 2.c. No. The proposed project is not anticipalzd to cause changes in geologic substructures and create unstable earth conditions. 'Since this approval does not provide entitlements for structures, no mitigation measures are necessary at this point. 'However, the Public Works Department is responsible for implementation of necessary mitigation measures prior .to issuance of grading permits w insure stable earth conditions for the project. Yes. The approval of this project will not cause disruptions, displacements, compaction or overcovering of the soil. The ultimate development of this site will eventually cause these conditions. However, these conditions will not cause a substantial impact on the environment as no substantial changes in Wpography are necessary. No. The project site does not contain unique geologic or physical features as determined by a site inspection. Therefore, no substantial changes in wpography or ground surface relief futures will result. There is no substantial environmental impact: Maybe. The ultimate buildout of the projea may result in wind and water erosion of soils as a result of grading. However, standard mitigation measures during the grading stage including watering the disturbed areas to prevent dust and proper erosion control during and after the grading will reduce the impacts to a level of insignificance. No. The site drainage for this projea will be channeled through existing improvements and the runoff from this projea is not anticipated to cause any offsite erosion. No significant impacts are anticipated. No. The project site is not located in an earthquake~ landslide, mudslide, ground failure hazard zones as determined in the Southwest Area Plan (SWAP). No significant impacts are anticipated. No. The construction equipment associated with the construction of the project and the traffic generated by the ultimate residents and user's of the project are the major contributors to air emissions. However, these impacts are not considered significant since the construction is for a limited time only and the traffic generated from a senior housing project is not significant. No. Objeaionable odors are usually associated with commercial and industrial uses. Since this project is exclusively residential in nature there are no significant impacts. No. Due to the size of the project site and its location within the South Coast Air Basin, the alteration of air movements, moisture or temperature, or any change in climate would not occur in conjunction with the ultimate development of the proposed project. No significant impacts are anticipated. R:\S\STAFFRPT~27314,1ES 2/23/93 Idb Water 3.a. 3.c. 3.d. 3.e. 3.f. 3.g. 3.h. 3.i. Plant Life No. The ultimate development of the proposed projea will not result in increased storm water flows in any marine or fresh waters. No significant impacts are anticipated. Yes. By covering the project site with concrete, uphalt and landscaping, the absorption rate of the site under existing conditiom would be reduced and the amount of surface runoff would be hcreased. The existing 120 inch storm drain is sufficient to carry this runoff; therefore,. no sighi~caut impacts are anticipated. Maybe. The ultimate buildout of the project will result in construction of dwelling units in the flood plain. The pads for these dwellin~s will be elevated above the flood plain. No significant impacts are anticipated to the course or flow of flood waters. No. The construction of impervious surfaces on the project site will not substantially alter the existing drainage patterns norproposed drainage patterns bec__ause of the size and location of the project. No significant impacts are anticipated. No. Swrmwater runoff and possibly irrigntlon runoff from the proposed project would ultimately flow into the Santa Margarita River. Runoff polhtants will be typical of those of urbanized areas, including mowr oil, pesticides, berbicides and fertilizers. This impact will be mitigated by the clearance issued by the State Water Resources Control Board. This clearance will insure compliance with the National Pollutant Discharge Elimination System (hIPDES). No significant impacts are anticipated. No. The runoff from the project is conveyed to Murrieta and Temecula Creeks which flow into the Santa Margarita River. Both Murrieta and Temecula Creeks and the Santa Margarita River recharge the Found water in the Murrieta-Temecula basin. The runoff from this project is not anticipated to change the direction or rate of flow of ground waters. No significant impacts are anticipated. No. The project site is within Rancho Water District and will not draw from the ground water for their everyday use. Therefore, no significant impacts are antic!pated. No. Rancho Water District has indicated the availability'of water to serve this project. Therefore, there is no potential for substantial reduction in the availability of water. No. significant impacts are anticipated. Maybe. A portion of the project site is within the flood plain. However, the project will be conditioned to construct the dwelling units above the flood plain limit per the FEMA standards which will mitigate any impacts to people and property from water related hazards such as flooding. No significant impacts are anticipated. 4.a.c. Yes. The Biological Assessment prepared for the project site determined existence of Non-U.S. waters wedand on the site. The project is conditioned for obtaining clearances from Fish and Game and Army Corps of Engineers prior to approval of any development R:\S%STAFFRPT%27314.1ES 2/23f83 Idb ~, 4.b.c. 5.b. 5.c. Noise 6.a. 6.b. applications. The project in general will introduce new species of plants and will eliminate the native plants present at this time. However,. none of the existing species are considered sensitive. No significant impacts are anticipated. No. The proposed project will not reduce the numbers of any unique, rare, or endangered species of plants as determined by the Biological Assessment. The project site is not presea~y being used for agricultural purposes; therefore, no significant impacts are anticipated. Maybe. The ultimate devdopment of the site may eliminate some of the native animals on the site however, some may survive in an urban environment. The only additions to the animal life are expected to be household pets. The impact of this development is not considered significant for this category. No. The biological study recommended a focused K-Rat survey which identified no Steven's Kangaroo Rats on the site.. No other sensitive or endangered species were identified on the site by the biological study. Therefore, no significant impacts are anticipated. No. Since there is no significant habitat for any sensitive species' other than the wetland there is no significant impact. The weftands will be protected by two fifW (50) foot easements and will be incorporated into the design of the golf course. No. The ultimate development of the site will not significantly increase the existing noise levels. The short term impacts are associated with the construction of the project and the long term impacts will mos~y result from the traffic generated by this project. Due to the size and location of this project these impacts are not considered significant. Maybe. The proposed project. abuts an existing high school stadium. The noise generated from this stadium is expected to impact at least a portion of the senior housing project. Since the exact location and type of the dwelling units is not known at this time, a detailed noise study will be required to mitigate the impacts of the stadium noise on this project. The mitigation measures may include building orientation, design features, landscaping, etc. No significant impacts are anticipated. Light and Glare No. The project will not result in a significant increase in the light and glare of the area. Furthermore, the project will be conditioned to comply with Mt. Palomar lighting. requirements. All lights will be conditioned to be directed on site, therefore, reducing the impact on the neighboring proponies to a level of insignificance. R:\S\STAFFRPT~27314.1ES 2/23/93 klb The light and glare produced from the high school stadium will impact' this project which has been conditioned to deal with this impact. The conditions will be enforced at the plot plan stage and include building orientation, building design, setbacks, etc. Land Use Yes. This project includes a zone change from R-R to R-3. The R-R zoning designation 'permits low density single family development with minimum .S acr~ lots and a variety of commercial uses. The R-3 zoning designation will. create high density senior housing ~ and the supporting uses which will be dictated by the Development Agreement. 'This change will not result in a significant impact because of the .low impact nature of senior housing. Natural Resources '9.a.b. No. Implementation of the proposed project would increase the rate of consumption of both renewable and nonrenewable natural rmources during construction and project operation. Natural. resources consumed during construction would be aggregate materials, timber, and energy resources for on-site construction equipment and for transport vehicles which would bring supplies to the site. At build out, energy resources required during project operation would include gasoline, natural gas for heating and cooling, electricity for lighting, and appliances. As all of these resources are readily available commercially, the proposed project would not have a significant impact on natural resources. Risk of Upset lO.a. No. The proposed project is residential in nature and it is not expected to house any material with the potential for an explosion or the release of hazardous substance. The gasoline in the tanks of the residents' and the visitors' cars and the pmticides used for maintenance of the landscaping are not expected to create significant impacts. lO.b. No. The proposed project will be reviewed by the Fire Department at the Plot Plan stage; therefore, all response time and emergency vehicle turnarounds will-be examined at that stage: No significant impacts are anticipated. Population ll.a. No. The ultimate build out of the project will increase the senior citizen population in the project vicinity. This increase could be in the form of out of town residents moving into the city, relocation of Temecula residents in the area or a combination of the two. This impact is not expected to be significant. Ho~inp 12. Yes. This project will have a positive impact on the housing in the region since it will provide additional housing for senior citizens. No negative significant impact is anticipated. R:\S\STAI::FRPT~27314.1ES 2/23/93 Idb -' ~ T~rtation/Circulafion 13.a.c. Maybe. The project will generate approximately 1,610 daily vehicle trips, 130 of which are expected to occur during the evening peak hour. According to the traffic study, the major intersections impacted by this projea will operate at Level of Service C or better. No significant impacts are anticipated since mitigation measures have been incorporated into the project. These mitigation measures include improving Pauba Road and Rancho · Vista Road bordering the project to their ultimate half-section widths as secondary highways (88 feet right-of-way) in conjunction with development. A painted median with left turn pockets will be provided fo.r traffic on Rancho Vista Road 'and on Pauba Road desiring to turn left into the project entrances. The project will be required to participate' in the future construction doff-site capital improvements through established procedures. 13.b. No. The project will not create additional demand on existing paricing facilities since the proper number of parking spaces will be provided for the site as required by Ordinance No. 348. Therefore, no significant impacts are anticipated.- 13.d. No. The development of this project will not cause any alterations to present patterns of circulation or movement of people and/or goods since the major roads are already established in the vicinity of the projea. Therefore, no significant impacts are anticipated. 13.e. No. This projea will not cause alterations to waterb0rne, rail or air traffic due to the nature of the project, its geographic location, and local transportation system. Therefore, no significant impacts are anticipated. 13.f. Maybe. Project-related traffic could ereate new traffic hazards to motor vehicles, bicyclists, and pedestrians, both on and off the project site. Points of conflict would be created as a result of additional points of ingress and egress along Pauba Road and Rancho Vista Road.. Internal circulation patterns could also result in potential hazards to pedestrians. The following measures need to be incorporated inW the project design to reduce the impacts of the project to an insignificant level: The gate for the proposed senior housing should be setback from the Right-of- Way to allow for proper stacking of cars behind the gate. Vehicular and pedestrian entries to the project should be clearly identifiable to visiWrs through the use of signage, l~ardscaping and landscaping. Circulation within the site should be designed to minimiTe conflicts between automobiles and pedestrians. A pedestrian friendly design needs to be incorporated into the project design providing adequate pedestrian circulation. Accent paving, crosswalks, landscaped walkways and adequate lighting should be used to identify and enhance pedestrian walks. ,...__ R:\S\STAFFRPT",27314.1ES 2123193 klb Consideration should be given to providing safe pedestrian access through parking areas and from the public street walkways to building entrances. Public 5m-vices '14.a. No. Mitigation fe~ of $400.00 dollars for each unit will be coilrood to mitigate the impam of this d~e, iopmeat on Fir~ Service. The Fire Department Will review the Hot Plan for this project to insure sdequsW service. No significant impacts are anticipated. 14.b. No. The City of Temecula is contracting through the 'Riverside 'County Sheriffs Department for law enforcement services. This contract provides for thirty-one sworn officers and seven non-sworn officers. Additional services are provided to the City through various divisions within the Sheriff's Department. The average response time for priority one calls is 6.5 minutes and according to the Sheriffs Department this response time is well within industry sUmdards for adequate service levels. The City intends to maintain a ratio of I officer per 1,000 residents. No significant impacts are anticipated. , 14.c. No. The proposed project is an exclusively senior housing project. No school aged children are anticipated to be generated from this project. No significant impacts are anticipated. 14.d. No. The proposed project will include a private golf course and other active amenities. A senior center might also be a part of this project which will create new activities for the residents. No significant impacts are anticipated. 14.e. No. The project will cause increased traffic on city streets; however, this is not considered a significant impact (refer W No. 13). 14.f. Ener2v 15.a.b. Maybe. The future projea residents will be using governmental services such as libraries; however, a $100.00 per dwelling unit mitigation fee imposed on this project will mitigate the impact. No significant impacts are anticipated. No. The implementation of the proposed project would increase the rate of consumption of fuel and other energy resources. During construction, construction equipment would be consuming energy resources. At buildout, energy resources would be required during project operation, such as gasoline, natural gas and electricity. However, the proposed project would not result in the use of substantial mounts of fuel or energy which are commercially abundant. No significant impacts are anticipated. R:~S\STAFFRPT~27314.1ES 2123/93 klb Utilities 16.a.b.c. d.e.f. No, All the utilities and services are within close proximity to the project site and will be extended to the project site with agreements between the developer and the individual agencies. No significant impacts are anticipated. Human Health 17.a.b. No, ..The nature of the proposed uses permitted on the'project Site'is not such that they would create potential health hazards. No significant impacts are anticipated. " Aesthetics 18. Recreation Maybe. The project will go through further review in terms of architecture and landscaping when a Plot Plan application is flied. All aesthetics issues will be dealt with at that stage. At that time close attention shall be given to the impacts, if any, to the existing single family dwellings to the north of the project site and the existing schools on the west and east of the site. No significant impacts are anticipated. 19. Yes. The proposed project will include a private golf course and other active ameni~es. A senior center may also be a part of this project which will create new activities for the residents. These impacts are considered positive and will not cause significant negative impacts. Cultural Resources 20.a.b.c.d. No. The proposed project will not have a significant impact on prehistoric or historic cultural resources according to the University of California Eastern Information Center. This conclusion was made upon completion of a Phase I study. A condition will be imposed on the project to have a qualified archaeologist present at the time of grading as required by the Eastern Information Center. '. R:\S\STAFFRPT~27314.1ES 2/23/93 klb ENVI~O~AL DETERMINATION On the basis ~f this initial evaluation: I find that the proposed project COULD NOT have a significsnt effect on the environment, and a NEGATIVE DECLARATION will be prepared. · I fin_d that although the proposed'project could have 'a signi- ticant effect on the environment, there will not be a signi- ticant effect on this case because the mitigation measures described 0n attached sheets and in the Conditiom of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. X February 2. 1993 Date For C1TYOFTEMECULA R:\S%STAFFRPT%27314.1ES 2/24/93 Idb ~-,. ATTACHMENT NO. 5 DEVELOPMENT AGREEMENT R:~S~r~314.pC 2J24/93 IrJb 34 RECORDED AT THE REQUEST OF City Clerk City of Temecula WHEN RECORDED RETUIN TO City Clerk City of Temecula 43174 Business Park Drive Temecula, CA 92590 DEVELOPMENT A~puuwuqT. B~'t~asamd CITY OF TBMBC'T, ak TNle LINFIELD SCHOOL R:~\STAF~D.DA 2/23/93 Ir. Jb -1- DEVELOPMgNT CITY OF and TR~ L:IIYFIF, LD'SClIOOL This Development Agreement ("Agreement,) is entered into to be effective on the date it is recorded with the Riverside County Recorder (the ,Effective Date") by and among the' City of Temecula, a California municipal' corporation ('"City") and the persons and entities listed below ("Owner"): THE LINFIELD SCHOOL A. The legislature of the State of California has adopted California Government Code Section 65864-65869.5 ("Development Agreement Legislation") which authorizes a city to enter into a binding develo~nent agreement with persons having legal or equitable interests in real property located within a city's municipal boundaries for the development of such property. B. Pursuant and subject to the Development Agreement Legislation, the City's police powers and City Resolution No. 91-52, City is authorized to enter into binding agreements with persons having legal or equitable interest in 'real property located within the City's municipal boundaries under which such property my be developed in the City. C. In lieu of obtaining approval of a Specific Plan for the development of the Property, Owner has requested City to consider entering into a development agreement relating to the Property. D. By electing to enter into this Agreement, City .shall bind future members of the City Council of City by the obligations specified herein and further limit the future. exercise of certain governmental.and proprietary powers of and members of the City Council. E. The terms and conditions of this Agreement have undergone extensive review by the staff of the City and the City Council of City and have been found to be fair, just and reasonable. F. City finds and determines that it will be in the best interests of its citizens and the public health, safety and welfare will be served by entering into this Agreement. G. All of the procedures of the California Environmental Quality Act have been met with respect to this Agreement. H. City was incorporated on December 1, 1989. Pursuant to California Government Code Sections 65360 and 65361, the City has forty-two (42) months following incorporation to prepare and adopt a general plan. During this 42-month period, the City may approve development projects without being subject' to the requirement that its decisions be consistent with the R:~AFFRFI'daNF~/~.DA 2/23~ ~ - 2 - general plan so long as the findings set forth in Section 65360 and the conditions of approval of the California Office Of Planning.and Research are met. I. Pursuant to City Ordinance No. 90-4, the City has adopted the County of Riverside's land use, subdivision and mitigation fee ordinances as amended by City Ordinance Nos. 90-05 through 92-15. Pursuant to City Resolution No. 90-31, the City has adopted the Riverside County Southwest Area Conmmnity Plan ("SWAP"), as a planning guideline during the preparation of the City's General Plan. J. The .City Council'of 'City hereby finds and determines that: (1) The City is proceeding in a timely fashion with the preparation of its general plan. (2) There is a reasonable probability that the Project will be consistent with the draft general plan proposal presently being considered. (3} 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. (4) The Project complies with all other applicable requirements of state law and local ordinances. K. Owner is the fee owner of a ninety-six and nine- tenths (96.9) acre parcel of undeveloped land located South of Rancho Vista Road, east of Temecula Valley High School and north of Pauba Road, hereinafter referred to as the "Property,, as described in Exhibit "A" attached hereto and made a part herein by this reference. This Agreement applies. to the development of a forty-eight and three-tenths (48.3) acre portion of the Property, comprised of Lots 1-4 of Tentative Parcel Map No. 27314. L. City and Owner desire. that the Property be developed as a Senior Citizen Housing Development. as further described herein. M. The City Council of C~ty hereby finds and determines that: (1) The environmental impacts of this Agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City approvals for the Project. (2) No other mitigation measures for environmental impacts created by the Project, as presently approved shall be required for development of the Project unless mandated by law. (3) City my, pursuant to and in accordance with its rules, regulations, and ordinances, conduct an environmental review of subsequent discretionary entitlements for the development of the Property or any changes, amendments, or modifications to the Property. The City, as a result of such review, may impose additional measures (or conditions) to mitigate as permitted by law the R:~STA~H~.DA 2/231~ ~ -3- adverse environmental impacts of such development entitlement which were not considered or mitigated at the time of approval of the Project. (4) Should the Owner propose more than 240 dwelling units for parcel 2 of the property then the .environmental impacts of those additional units shall be evaluated, and the City may condition the project as necessary to mitigate such additional units. N. Within forty-eight (48) hours of the effective date of this Agreement, Owner shall deliver to .the Planning department a check.payable to the County'Clerk in the amount of. One Thousand Two Hundred Seventy-Five Dollars (1,300.00), which includes the One Thousand Two Hundred Fifty Dollars ($1,250.00) fee required by Fish and Game Code Section 711.4(d)(2) plus the Twenty-Five Dollar ($50.00) 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 15075. If within such forty-eight (48) hour period the Owner 'has not delivered to the Planning Department the check required above, this Agreement shall be void by reason of failure of condition, Fish and GamelCode Section 711.4(c). O. City Council of City has approved this Agreement by Ordinance No. adopted on 1993 and effective on , 1993. ' ' '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: 1. Definitions. In this Agreement, unless the context otherwise requires: (a) "Congregate Care.Facility. is a congregate care residential facility developed pursuant to Riverside County Ordinance No. 460, and Sections 8.1, 8.2, 19.101, 19.102 and 19.103 of Riverside County Ordinance No. 348. (b) "City".is the City of Temecula. (c) "Development Approvals"'means all those discretionary land use entitlements necessary to develop the Property, including, but not limited-to, zoning changes, tentative subdivision maps, plot plans and conditional use permits. ' (d) "Development Exaction" means any requirement of City in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. (e) "Development Plan" means the development of the Property as depicted in Exhibit G. (f) "Existing Development Approvals. means those certain Development Approvals in effect as of the effective date of this Agreement with respect to the Property, including, R:~q~TAFI:~.DA 2/23/93 klb -4- without limitation, the ~Existing Development Approvals. listed in Exhibit B which were approved by the City of Temecula. (g) "Land Use Regulations. means all ordinances, resoluti&ns, codes, rules, regulations and official policies of City, governing 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 for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the'Property which are a matter of public record on the Effective Date of this Agreement. "Land Use Regulations. does not include any County or City ordinance, resolution, code. rule, regulation, or official policy, governing: (1) The conduct of businesses, professions, and occupations; (2) Taxes and assessments; (3) The control and abatement of nuisances; (4) The granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (5) The exercise of the power of eminent domain. (h) "Senior Citizen Housing Development. means a multi-family development intended for persons 55 years of age or older, as further defined at California Civil Code Section 51.3. (i) "Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with development of the Property. (j) "Project" is the development of the Property with the following specific uses: (i) multifamily senior housing complex; (ii) congregate care facility; (iii) skilled nursing facility; (iv) personal care facility, and (v) Seniors' Community Center; and (vi) a nine (9) hole private golf course. (k) "Owner. means the person having a legal interest in the Property; (1) "Subsequent Land Use Regulation,, means any Land Use Regulation adopted and effective-after the Effective Date of this Agreement. (m) "Property" is the real property referred to in Exhibit "A". 2. Interest of Owner. Owner represents that he has a legal interest in the Property and that all other persons holding legal or equitable interests in the Property are to be bound by this Agreement. 3. Exhibits. The following documents are referred to in this Agreement, attached hereto and made a part hereof by this reference: R:\S~qTAFFRFI~LENFIBLD.DA 2/23/93 k]b -5- Exhibit Designation Description Legal Description of the Property Referred to in Paragraa3h K B Existing Development Approvals 1 (f), 15.2 C Development Schedule.. 9~ 10 D Public Facility Fee 14..2. Agreement. E Fee Credit 14.3 F Deed Restriction 10 G Development Plan 9 (a) The term of this Agreement shall commence on · the Effective Date and shall extend for a period of ten (10) years thereafter, unless this Agreement is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto. (b) Should the Owner: ('i)' fail to obtain all Subsequent Development Approvals to develop and complete the Project, or (ii) breach the Development Schedule, Owner agrees to City amending the land use designation to Low Medium Density Residential or Public Institutional, and amending the zoning to Single Family Residential (R-l) or Public Institutional. (c) Notwithstanding any other provisions of this Agreement, upon the sale or lease of any lot, dwelling or unit to a member of the public or other ultimate user, this Agreement shall terminate with respect to .any such lot, dwelling, unit or space, and such lot, dwelling, unit or space 'shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (1) The lot has been finally subdivided and individually (and not in "bulk") sold or leased to a member of the public or other ultimate user; and, (2) A Certificate of Occupancy has been issued for a building or the lot, and the fees set forth under Section 14 of this Agreement have been paid. Notwithstanding the sale of any individual lot, dwelling, unit or space as set forth herein, the Owner shall remain liable to perform any and all outstanding obligations, still unperformed or uncompleted at the time of sale, with respect to said lot, dwelling, unit or space required by this Agreement or as a condition of any development approval. The Owner shall condition the sale and deed sufficiently to ensure the completion of said obligations.' ' R:~S'~fAFFP'PT~-!-D.DA 2/23/93 klb ' 6- 5. Amsi~ent. 5.1 Right to Assign. The Owner shall have the right to.sell, 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, et seq,, or -Riverside County Ordinance No. 460, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04) to. any person, partnership, joint venture, fi~.L, or corporation at any time during the term of this Agreement; provided, however, that any such'sale, transfer, or assignment shall include.the assignment and.assumption of the rights, duties, and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No 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 with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, the Owner shall notify City,. in writing, of such sale, transfer, or assignment and shall provide City with an executed agreement, in a form acceptable to the City Attorney, by the purchaser, transferee, or assignee and providing therein that.the purchaser, transferee, or assignee expressly and unconditionally assumes all the duties and obligations of the Owner under this Agreement. Any sale, transfer, or assignment not made in strict compliance with the foregoing conditions shall constitute a default by the Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee, or assignee to execute the agreement required by Paragraph (b) of this Subsection, the burdens of this Agreement shall be binding upon such purchaser, transferee, or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee, or assignee until and unless such agreement is executed. 5.2 Release of Transferring Owner. Notwithstanding any sale, transfer, or assignment, a transferring Owner shall continue to be obligated-under this Agreement unless such transferring Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Owner of all of the following conditions: (a) The Owner no longer has a legal or equitable interest in all or any part of the Property except as a beneficiary under a deed of trust. (b) The Owner is not then in default under this Agreement. (c) The Owner has provided City with the notice and executed agreement required under Paragraph (b) of Subsection 5.1 above. (d) The purchaser, transferee, or assignee provides City with security equivalent to any security previously provided'by Owner to secure performance of its obligations hereunder. R:~SLqTAF~D.DA 2/23/93 klb -7- 5.3 Subsequent Assignment. Any subsequent sale, transfer, or assignment after an initial sale, transfer,. or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. .that this ~'reemM°rtga~ee PTotect.~on. The parties hereto agree or any portion Uhereof or any improvemenU Uhereon by any mortgage, deed of trust, or other security device securing financing with.respect to'the Property. City acknowledges that the lenders providing such financing ma~ require certain Agreement interloretat~ons andsagrees upon request, from time to time, to meet with the Owner and representatives of such lenders to negotiate in good faith any such request for interpretation. City will not unreasonably withhold its consent to any such requested interpretation provided such interpretation is consistent with the intent and purposes of this Agreement. Owner shall reimburse City for any and all of City's costs associated with said interpretations and shall make reimbursement payments to City within thirty (30) days of receipt of an invoice from City. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property,. or any part thereof, which Mortgagee has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the Owner in the performance of the 0wner's obligations under this Agreement. (c} If City timely' receives a request from a Mortgagee requesting a copy of any.notice of default given to the Owner under the terms of 'this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to the-Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Owner's obligations or other affirmative covenants of the Owner hereunder, or to guarantee such performance, provided however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's Performance.hereunder, and further provided R:~S'~rAF~INFIILD.DA 2/23/93 klb -8- that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 6 3 of this Agreement. ' ' (e) Any Mortgagee who comes into possession of the Property, or any portion thereof, pursuant to subsection (d) above and who elects not to assume the obligations of the Owner set forth herein shall not be entitled to any rights to develop which have or may have vested as a result of this Agreement. 7. Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement ~nure to'.the successors-in~interest to the parties to its. 8. Relationehip of Parties. It is undersEood that the contractual relationship between City and Owner is such that the Owner is an independent contractor and not the agent of City. 9. Proiect Zoning. Pursuant to the Existing Development Approvals, the Project description contained at Section 16..1 of 'this Agreement, and the Development Plan, the Property has been rezoned from Rural-Residential (R-R) to General Residential (R-3) to permit Project development. The land use designation under the City's Draft General Plan is Public Institutional and High Density Residential. The rezoning and 'proposed land use designation'is conditional upon the completion of the Project pursuant to the Development Schedule. Any substantial breach of..the Existing Development Approvals, Development Schedule or Development Plan shall constitute a material breach of the Agreement. 10. Development Schedule. (a) Owner shall develop the Property pursuant to the Development Schedule contained in Exhibit C. (b) Concurrently with recording Parcel Map No. 27314, Owner shall record a deed restriction in substantially the form of Exhibit F, as to Parcels 1-4 of said Tract, restricting occupancy in the Project to persons fifty-five (55) years of age and older. (c) The parties acknowledge that Owner cannot this time predict when, or the rate at which phases of. the Property will be developed. Such decisions"depend upon numerous factors which are not within the.control of Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of-development to prevail over such parties, agreement, it.is the parties, intent to cure that deficiency by acknowledging and providing that the Owner shall have the right to develop the Property in such order and at such rate and at such times as the Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Schedule. 11. Hold Harmless. Owner agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for '- personal injury including death and claims for property damage R:~S~STAFFRPT~L~ELD.DA 2/23~ ~ '- -9- which may arise from the direct or indirect operations of the Owner or those of his contractor, subcontractor, agent, employee or other.person acting on. his behalf which relate to the Project~ Owner agrees to and shall indemnify, defend, and hold harmless the City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of 0wner's activities in connection with the Project. This hold harmless agreement applies to all damages and claims for damages suffered or alleged tohave been suffered by reason of the operations referred to in this paragraph, regardless of whether or not City prepared, supplied, or approved plans or specifications or both for the Project and regardless of whether or not the insurance policies referred to herein are applicable. Owner further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of this Agreement or the Project. 12. L.~tigation. 12.1 Th.~rd Party Litigation Concerning A~reem~nt. Owner shall defend, at its expense, including attorneys fees, indemnify, and hold harmless City, its agents, officers' and employees from any claim, action, or proceeding against City, its agents officers or 1 , , emp oyees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. .City shall promptly notify Owner of any such claim, action, or proceeding, and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, or proceeding, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action, or proceeding. 12.2 Environmental Assurances. Owner shall indemnify and hold City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers~ agents, employees, subcontractors, Predecessors-in-interest, successors, assigns ~nd independent contractors for any violation of'any federal, state, or local law, ordinance or regulation-relating to industrial hygiene, solid or hazardous waste or to environmental conditions on, under or about the Property. Said violations shall include, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may, in its discretion, Participate in the defense of any such action. 13. Third Party Litigation Concerning the General Plan. City is a newly incorporated city falling within the scope of Government Code Sections 65360 .and 65311 and thus not subject to the requirement that a General Plan be adopted or that development decisions be consistent therewith so long as the City makes certain findings, which the City has made at Section J. of this Agreement. Notwithstanding these findings City shall have no liability in damages under this Agreement for any failure of- City to perform under this Agreement or the inability of Owner to R:~AFFRPT~rFIELD.DA 2~ ~ - 10 - develop the Property as Contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the findings made under Section 65360 and 65361 or the future General Plan, are invalidated or inadequate or not in compliance with law. 14. Public Benefits. Public Improvements and Facilities. 14.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully. met by'development of the Project and further acknowledge and agree that this Agreement confers substantial private benefits on the Owner 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 the Owner by providing more fully for the satisfaction of the public needs resulting from the Project. 14.2 Impact Fee.. (a) The developer(s) of the Property shall pay a capital or impact fee for road improvements and public facilities the City may adopt for development ("Public Facilities Fee"), in the amount in .effect at the time of payment of the fee. (The term "developer(s) of the Property or Project" as used in this Section shall mean the person(s) who seeks a building permit to construct structures on the Property. These individuals shall hereinafter be referred to as the "Developer..) If an interim or final public facility mitigation fee or benefit 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 an Agreement for Payment of a Public Facility Fee, in substantially the form of Exhibit D. (b) Owner shall pay all other impact fees provided for under the Land Use Regulations, including, but not limited to the Residential Impact Fee (pursuant to Riverside County Ordinance No. 659) and Flood Control, Fire, Library, Traffic Mitigation and K-Rat Fees. 14.3 Fee Credits and Schedule'. In exchange for the dedication of' land, the construction of improvements and the payment of fees, Owner shall be entitled to Fee Credits set forth in Exhibit E. 14.4 Waiver. By execution of this Agreement, Owner waives any right to object to the imposition of the provisions of Section 15 of this Agreement, the adoption of any interim or final Public Facility Fee, or the process, levy, or collection of any interim or final Public Facility Fee for this Project; provided that Owner is not waiving its right to protest the reasonableness of any interim or final Public Facility Fee, and the amount thereof. 15. Reservations of Authority. 15.1 Limitations. Reservations. and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to .the development of the Property, including, but not limited to: R:~qTAFFRPT~.DA 2fZ3/93 kab - 11 - 15.2 SubAe~uent Development Approvals. This Agreement shall not preveat City, in acting on Subsequent Development Approvals from applying Subsequent Land Use Regulations, even if they conflict with the Existing Land Use Regulations, Existing Development Approvals or the Development Plan. Further, this Agreement shall not prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing or Subsequent Land Use Regulations. 15.3 Modification or Suspension by State or" Federal Law. In the event that State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconSistent.with such laws or regulations and to the extent such laws' or regulations do not render such remaining provisions impractical to enforce. 15.4 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City possess authority to.regulate aspects-of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 15.5 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or .final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, e~ sea.) and Riverside County Ordinance No. 460, as the same was indorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04, and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to the Owner, then and to that extent the rights, obligations, and protections afforded the Owner and City respectively, under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this R:~TAF~t~T~L~VF~LD-DA 2~ ~ -12- (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings,~reports, recommendation, appeals, and any other matter of procedure. ~ (c) Regulations governing construction s~andards and specifications. includ£ng, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Grading Code and Fire Code. (d)~ Subsequent Land Use Regulations w~ich are not in conflict with the Project. Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 16. Development of the Property. '. 16.1 Project. The Property shall be developed with the following uses, and only the following uses: (a) Senior Citizen Housing Development on Parcel 2 of Parcel Map 27314, up to 20 dwelling units per net acre with a target density of 10 dwelling units per acre; (b) Nine (9) hole private.golf course for the sole use of'private residents on Parcel'2 of Parcel Map 27314; ' (c) Senior's Co~unity Center with a minimum of 3,500 square feet on Parcel I of the Parcel Map 27314; (d) Congregate Care Facility on Parcel 3 of Parcel Map 27314; and (e) Skilled Nursing and Personal Care Facilities on Parcel 4 of Parcel Map 27314. No change, modification, revision or alteration of these uses or of the Project may be made without the prior amendment of this Agreement. 16.2 Rights to Develop. The permitted uses of the Property, the density and intensity of use, the maximumheight and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in Section 16.1 and the Development Plan.. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. 16.3 Changes and Amendments. Notwithstanding Section 16.1, the parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that. changes are appropriate and mutually desirable in the Project. In the event the Owner finds that a change in the Project is necessary or appropriate, the Owner shall apply for a Subsequent Development Approval to' effectuate such change and. City shall process and act on such" application in accordance with the Subsequent Land Use Regulations. If approved, any such change in the Project shall be incorporated herein as an addendum to this Agreement and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Project shall be deemed "minor" and not require an amendment. to this Agreement provided such change does-not: (a) Alter the permitted uses of the Proj.ect as a whole; or, (b) Increase the density or intensity of use of the Project as a whole; or, (c) Increase the maximum height and size of' permitted buildings; or, (d)- Delete a requirement for the reservation or dedication of land for public purposes within the Project as a whole; or, R:~S~STA~.DA 2/'23/93 Irab -13- (e) Constitute a project requiring a Subsequent or Supplemental Environmental Impact RepOrt pursuant to Section 21166 of the Public Resources Code. 17. Periodic Review of ConniVance w~thAgreement. (a) Pursuant to City Resolution No. 91-52, as it .may be subsequently amended, City shall review this Agreement at least once during every twelve (12) month period from the date this Agreement is executed. The Owner or successor shall reimburse City for the actual and necessary costs of this review. .(b) During each.periodic review.by City, the Owner is required to'demonstrate good faith-compliance.with the terms of the Agreement. The Owner agrees to furnish such evidence of good faith compliance as City in the exercise of its discretion may require. 18. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and 'in the manner provided for in Government Code Sections 65868, 65867 and 65867.5. If the Amendment is requested by the Owner or successor, the Owner/successor agrees to pay City any Development Agreement Amendment fee then in existence as established by City COuncil 'Resolution, or if no such fee'is established, to reimburse City for the actual and necessary costs of reviewing and processing said Amendment. 19. Breach of Agreement. (a) The City reserves the right to terminate this Agreement in the event of a material breach of any of its material terms or any material term of any applicable federal, state or local statute or regulation, which breach is not cured following written notice and a reasonable opportunity to cure. In finding such a breach: (i) City does not waive any claim of defect in performance by Owner implied if on periodic review the City does not propose to modify or terminate the Agreement. (ii) Non-performance shall not be excused because of a failure of a third person~ and (iii) Non-performance shall be excused only when it is prevented or delayed by acts of. God or an emergency declared by the Governor. (b) The notice to cure period shall be thirty (30) days (except in cases of emergency where a shorter time may be prescribed consistent with the nature o~ the emergency). Where thirty (30) days is insufficient time for the Owner to cure the notified breach, Owner shall be deemed in compliance with the provisions if, within that thirty-day time period Owner begins good faith efforts to cure such breach and shall present a specific and reasonable timetable to the City for the cure of the notified breach. If the breach is not cured within such time period or within such additional time period specified in such notice, the Planning Director shall cause to be noticed a public hearing before the City Council. (c) The Council shall hold a public hearing, upon ten (10) days written notice duly given to Owner and published notice provided to the public.. Owner may appear at the public hearing before the Council and present information, orally or in R:~TAFFRPT~.DA 2/23~ ~ -14- documented form, that it deems relevan~ and appropriate to the Council's deliberations. Based on the evidence presented at the public hearing, the Council shall determine by resolution whether the Agreement should be terminated. Nothing herein is intended to limit Council's right to make other determinations which are reasonably related to the Agreement. (d) The City Council shall cause Owner to receive written notice of any action taken following the public hearing. (e) Within not less than thirty (30) days of receiving notice of the City Council's action, Owner. shall be entitled to initiate an action in scare court to seek judicial review pursuant to California Code of Civil Procedure..Section 1094.5. In the event Owner initiates such a review, the Council's determination shall be stayed pending a final order of the court. (f) Upon a finding of material breach of this Agreement,~ and the failure of Owner to. successfully challenge the same in a court of law, City may not only terminate this Agreement, but also shall amend the land use designation of the Property to Institutional or Low-MediumDensity Residential, and lamend the zoning to Single Family Residential (R-l); Owner further agrees to such amendments. (g) All other remedies at law or in equity which are not otherwise provided for in the Agreement or in.City's regulations governing development agreements are available to the parties to pursue in the event there is a breach. 20. Damages Upon Termination. It is acknowledged by the parties that City would not have entered into this Aqreement if it were to be liable in damages under or with respect'to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City, and its officers, employees and agents, shall not be liable in damages to Owner or to any assignee, transferee of Owner, or any other person, and Owner covenants not to sue for or claim any damages for breach of that Agreement by City. ' 2i. Attorneys' Fees~and Costs.' If'fegal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notice required to be given to City shall be addressed as follows: To City: City Clerk City of Temecula 43172 Business Park Drive Temecula, CA 92390 R:~qTA~HqF~,LD.DA 2/23/93 klb -15- Notices required to be given to Owner shall be addressed as follows: .To Owner: A party may Change .the address by giving nOtice'in writing to the other party and thereafter notices shall be.addressed and transmitted to the new address. 23. Rule. of Construction ana M~scellaneo,,s Terms. (a) The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. (b) If a part of this Agreement is held to be invalid, the remainder of the Agreement is not'affected. (c) If there is more than one signer of this Agreement their obligations are joint and several. (d) The time limits set forth in this Agreement may be extended by mutual written consent of the parties in accordance with the procedures for adoption of the Agreement. (e) This Agreement is made and entered into for the soleprotection and benefit of the parties and their successors and assigns. No other person, including but not limited to third party beneficiaries, shall have any right of action based upon any provision of this Agreement. (f) This Agreement may be executed by the parties in counterparts, each of which so fully executed counterpart shall be deemed an original irrespective of the date of execution. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year first above written. Attest: By: MAYOR City Clerk R:~S~TAP'FItF~L~tI~.DA 2/23/93 kib ' 16- Approved as to form: City Attorney By:- Name: Title: OWNER · By: Name: Title: Notary [ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.] R:~STA~INFIMLD.DA 2a3/~3~ klb -17- ~Z!?rTa'r~ mXm DESC~.IPTION OF ~ PIOPERTY BEING A PORTION OF THE RANCHO TEMECULA, AS GRANTED BY U.S. GOV'T TO LUIS VIGNES BY PATENT DATED 1-18-1860, AS SHOWN BY LIBER 1 PAGE 37; REC'S OF SAN DIEGO CO., AN PARCELS '1,2,3.0F P;M.'.83/97- 100 REC'S RIVERSIDE-C0. LOCATED IN THE CiTY'0F TEMECULA, ' .CALIFORNIA',. R:\S~STAFFRFTXI.INFILD.DA 2/23/93 Idb - 18 - ~rrlq'lBIT wBm · XISTING DEVELOPEeWT/WPROVALS Tentative Parcel Map No. 27314 C~mnge of Zone No. 21 R:~q~TA~w n.DA 2/23/93 kab ' 19 - Within five (5) years of the effective date. of this DeVelopment Agreement, Owner shall have substantially begun construction of each of the following uses: a. Twenty'(20) dwelling units of the Senior Citizen- Housing Development, and The Congregate Care Facility, Skilled Nursing Facility, or Personal Care Facility "Substantially begun construction. shall mean obtaining a building permit and having an approved and inspected foundation· Prior to the issuance of the certificate of occupancy for the first unit of the multi-family senior housing complex, Owner shall have constructed and obtained a certificate of occupancy for the Senior Citizen Center, and shall have completed the Golf Course. "Completed the Golf Course" shall mean construction and completion of all structures, six months growth of the grass and certification of .the course by a Licensed Landscape Architect. Within five (5) years of the effective date of this Development Agreement, Owner shall have recorded Parcel Map 27314 and have obtained all Subsequent Development Approvals for the Senior Citizen Housing Development, the Congregate Care'Facility, the Skilled Nursing Facility, the Personal Care Facility,. and the Golf Course. Within the term of this Development Agreement, Owner shall have obtained certificates of occupancy for all buildings identified in the Subsequent Development Approvals. R:\S~TAFFR~.DA 2/23/93 IrJb - 2 0 - R:~-q~STA~.DA 2/23/93 k~ - 2 '] - Recording requested by, and When recorded mail City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: City Clerk ) ) ) ) ). ) AGREEMENT FOR PAYMENT OF PUBLIC FACILITY FEE This Agreement is made this day of by and between the City of Temecula ("City") and ("Developer"). RECITALS A. Developer is the owner of real property (the "Property") in the City of Temecula described as follows: Exhibit A, attached hereto and incorporated herein by reference pursuant to Developer proposes'to develop the Property '(the "Project") . Recording of this Agreement is fee exempt pursuant to Goverkment Code Section 6103 as it is recorded for the benefit of the City of Temecula, a public agency. -1- sff/llT33't-~GR (IO~G~I) -. C. City has determined that the Project will impact traffic and the demand for other public facilities within the City as identified in .the for .the Pro~ect~. ~eSe i~ac~s ~st.~e ~itiga~ed ~y.pay'ment of a.fee for ad~tiona'l road and pt~:~liC ~aci~ty constr~ct~on,. w~ich fee shall ~e ~dentified as set fo~-~ereinafter. D. The City proposes to impose a public facility fee upon new developments within the City in order to construct additional public facility improvements to serve and benefit new developments, including the Project. These fees shall be known as the "Temecula City-wide. Public Facility Fee Program" or "Public Facility Fee." E. Condition No. of the Project requires that Developer execute this Agreement prior to issuance of a building permit or conditional use permit, or recordation of the final map, as provided specifically in the conditions of approval. F. In order for-Developer to proceed without full payment of the Public Facility Fee in a'timely manner, City and Developer have determined to enter into this Agreement. G. The term "public facility" shall refer to public and municipal infrastructure, suchas roads, highways, flood control facilities, city hall, police stations, community centers, theaters, parks and similar public infrastructure. NOW, THEREFORE, the parties hereto agree as follows: 1. Public Facility Fee: (a) The City Council will establish the amount of the Public Facility Fee at some time in the future. The Fee will be based upon the square footage of each development, the vehicle trips generated by each development, or similar measure(s). The Public Facility Fee also shall establish the sp&cifiC improve-, ments to be constructed and their cost, the benefit assessment area and the method by which ~he fair share, pro-rata obligations of each property are to be established based on impact on traffic and demand for .public facilities. (b) Developer shall pay the Public Facility Fee on each building at such time it receives its certificate of occupancy or final inspection, which ever occurs first. (c) The Council also may establish an Interim Public Facility Fee to be followed by a Final Public Facility Fee. If only the Interim Public Facility Fee'has been established at the time the Developer seeks issuance of its certificate of occupancy or final inspection, whichever occurs first, then Developer shall pay the Interim Fee prior ~o issuance of the certificate of occupancy or-final inspection, whichever occurs first. Later, when the Final Public Facility Fee i~ established, the Developer will be reimbursed for any difference between the Interim and Final Fee if the Interim Fee exceeds ~he Final Fee, and shall pay the shortfall if the Final Fee exceeds the Interim Fee. sff/l17333.AOR .. (d) If the certificate of occupancy or final inspection occurs prior to the establishment of the Interim or Final Public Facility Fee, then the Developer shall pay a deposit of Two Dollars ($2.00) per square foot, not to exceed Ten Thousand Dollars ($10,000) prior to the issuance of the certificate of occupancy or final inspection. The' deposit shall be a credit egainst the Interim or Final Public Facility Fee. A letter of credit or certificate of-deposit may be provided in lieu of the deposit. (e) If either the Final or Interim Public Facility Fee is established after the issuance ~of the certificate of occupancy or final inspection, the Developer shall pay the Interim or Final Public Facility Fee ten (10) days after receiving notice from the City that it has been established. (f) Notwithstanding the above, Developer shall provide City with written notification of the opening of any escrow for the sale of the Project and shall provide in the escrow instructions that if the Interim Or Final Public FaCility Fee has been established, the Fee'shall be paid to the City from the sale proceeds in escrow prior to distributing the proceeds to Developer/seller. (g) City shall record a release of this Agreement upon payment of all Public Facility Fees owing and shall provide Developer with a copy of such release. aft,'! 17333.AGR (10/'MNgl) 2. Use of Public Fac4].~tv Fee: The Public Facility Fee collected pursuant to =his Agreement shall be used only to cons~ruc~c City-wide'traffic and public facility improvements, which improvements are deemed to be of benefit tO Project, and for expenses incidental =hereto. There is a reasonable relationship between the Projec~ and the Public Facility Fee in that the Project will impact traffic and existing public facilities, and Consequently, will require expansion of the City-wide s~reet and highway system, and public · facilities in order to meet the added demand resulting from the Project, The a~ount of the Public Facility Fee to be collected from Project represents the cost of facilities necessary to meet the incremental increase in traffic and demand for public facilities resulting from the Project. 3. Information Provided: Developer shall provide to City, upon City's request % therefor, any and all information regarding access to the Project, %raffic flow, trip generation factors and such other information as is reasonably necessary to establish the Public Facility Fee. 4. Security for Public Fac~!itv Fee: (a) If the Interim or Final Public Facility Fee has been established prior to issuance of a building permit or other entitlement described in Recital E, then, concurrent with stY~II7333.AGR (10/30/91) the e~ecu=ion of this Agreement, Developer shall provide an irrevocable letter of credit or other form of security approved by City, in a form approved by the City Attorney, in an amount equal to the to~al Public Facility Fee fox the Project. The amount of security may be increased upon City's request should there be an increase in the amount of the Public Facility Fee. The amount of security also may be reduced upon Developer~s payment of Public Facility Fees outstanding. However, except for the deposit provided for in Section 1, no letter of credit is required if neither the Interim or Final Public Facility Fee has not been established as of the date of execution of this Agreement. (b) As an alternative to collecting the fee from the letter of credit, if ~he Developer fails to pay the Public Facility Fee within thil~zy (30) days of the date demand is made, the City may assess a penalty of ten percent (10%) of the amount owing and make said Fee,-inclusive of penalty, a lien upon the described real property bylrecording a no~ice that said Fee is due under the terms of' this AgreEment with the County Recorder of Riverside County. The notice shall state the fact that said Fee, inclusive of penalty, is due under the terms of this Agreement and shall state the amount, together with the fact that it is unpaid and draws interest on the Fee and penalty at the rate set forth at California Revenue & Taxation Section 19269 until paid. (c) The City may as an alternative to =he lien procedure set forth above, bring legal action to collect the Public Facility Fee due. The Developer agrees that.if legal action by the City is necessary to collect the Fee ~he Developer agrees to pay the ' City'a reasonable sum' as att0rney~s fees and court costs, together with penairy and interest determined according to Paragraph 4 (b) of this Agreement. 5. A~reement Runs With T.mnd: This Agreement pertains to and'runs with the Property. This Agreement binds the successors in interest of each of the parties. 6. Waiver: By execution of this Agreement, Developer waives any right to protest the provisions of Condition No. of the Project, this Agreement, the formation of any Public Facility fee district, but not the nexus between any Public Facility fee and the Project. · 7. Binding Aureement: This Agreement shall'be binding upon Developer, Developer,s successors and assigns. 8. Amendment/No Continuing Waiver: This Agreement may be modified or amended only in writing, signed by both parties. This Agreement contains the full and complete understanding of the parties and supersedes any and'aIR.prior oral or w~itten agreements or representations. A waiver of any term or condition of ~his Agreement by either par~y shall not be deemed a continuing Waiver thereof. 9. AttorneVs" Fees: .Should either party determine that it is necessary to file a legal action to enforce or interpret the provisions of this Agreement, the prevailing party in that litigation shall be entitled to its reasonable costs, including but not limited to attorneys" fees. 10. Notice: Notice shall be deemed given under this Agreement when in writing and deposited in the United States mail, first- class, postage prepaid, addressed as follows: CITY: DEVELOPER: 'City of Temecula 43174 Business Park Drive Temecula, CA 92590 A=tn: City Clerk 11. Miscellaneous Provisions (a) If any provision of this Agreement is adjudged invalid, the remaining provisions shall not be affected. (b) If there is more than one (1) signer of this Agreement as Developer, their obligations are joint and several. IN WITNESS WHEREOF, the parties or their duly authorized representatives have executed this Agreement as of the date set out above. CITY. OF TEMECULA By: By: David S. Dixon City Manager By: APPROVED AS TO FORM: By: Scot= F. Field City Attorney ffr~Z~Z~ m~s Upon obtaining a certificate of occupancy Owner shall dedicate to ~he City the Senior Citizen Center described in Exhibit C. In exchange for dedication of the Senior Citizen Center and con~letion ofthe Golf Course, Owner shall receive a lull credit against its .Quimby Fees required pursuant to Riverside County Ordinance No. 460. R:~S'~qTA~T I~.DA 2/23/93 lr. ab DEED RESTRICTTON RECORDING REQUESTED BY: WHEN RECOEDEDMAIL TO: CITY CLERK CITY OF TEMECULA 43174 BUSINESS PARK DRIVE TEMECULA, CALIFORNIA 92590 DECLARATION OF REST~[ICTIONS This DECLARATION OF RESTRICTIONS made this , 1992, by (. hereinafter referred to as "Declarant.. .) day of WHEREAS, Declarant is the owner of Parcels 1-4 of Parcel Map No. 27314 (the "Property.); and WHEREAS, Declarant intends to sell the above described property, restricting it in accordance with a coh~ton plan designed to preserve the value and residential qualities of said land, for the benefit of its future owners. NOW, THEREFORE, Declarant declares that said real property shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied, subject to the covenants and restrictions hereinafter set forth expressly and exclusively for the use and benefit of said property and of each and every person or entity who now or in the future owns any portion or portions of said real property. 1'. Land Use and Building Type. No person may occupy any dwelling unit located on the Property unless he or she is at least fifty-five (55) years of age, or otherwise qualifies for residency pursuant to California Civil Code Section 51.3. 2. T~. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended 'for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots, and the City of Temecula, has been recorded, agreeing to change said covenants in whole or in part. 3. Enforcement. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation R:~S~STA~INFI~LD.DA 2/23/93 k]b - 2 3 - or to recover damages. The City of Temecula may enforce any covenant of this Declaration. 4. Attorneys Peem. Should any party bring an action against the other for the purpose of enforcing the terms of this Stipulation, or for damages arising from-its breach, then in such event, the prevailing party shall be entitled to its reasonable attorneys fees and costs in addition to any other award entered by the Court. 5. Severab~l'ity. Invalidation .of any'one of these covenants by judgment or court ordershall in no wise-affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, Declarant has executed this Declaration of restrictions the day and year first above written. DECLARANT: Signature Name: Address: R:~S~STAFF~.DA 2f23~3 IFab - 2 4 - DBlr~LO~ PT.aN =.= -.'- ~.-r.-"'=:'r- ==.=.- uSES,. ', / ATTACHMENT NO. 6 PLANNING COMMISSION MINUTES AUGUST 17, 1992 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MONDAY, AUGUST 17, 1992 · A regular meeting of the City of Temecula Planning Commission was called to order Monday, August 17, 1992, 6:00 P.M., Vail Elementary School, 29915 Mira Loma'Drive, Temecula, California, Chairman John E. Hoagland presiding. PRESENT: '5 ABSENT: 0 COMMISSIONERS: COMMISSIONERS: Blair, Chiniaeff, Fahey, Ford, H0agland None Also present were AsSistant City Attorney John Cavanaugh, Planning Director Gary Thornhill, Senior Planner Debbie Ubnoske and Minute Clerk Gall Zigler. PUBLIC COMMENT None COMMISSION BUSINESS 1. APPROVAL OF AGENDA Chairman Hoagland requested Item No. 6 be taken as the first item of business after approval of the agenda. It was moved by Commissioner Blair, seconded by Commissioner Fahey to approve the agenda with Item No. 6 as the next order of business. The motion was unanimously carried. NON-PUBLIC HEARING iTEM Plannine Commission Chairman and Vice Chairman Election Commissioner Ford nominated Dennis Chiniaeff as Chairman. Commissioner Blair nominated Linda Fahey as Chairman. Commissioner Chiniaeff withdrew his name from .nomination and Commissioner Fahey's nomination as Chairman was unanimously approved as follows: PCMIN8/1 7192 ~ -1- 119192 PLANNING COMMISSION MINUTES ABSTAIN: 2 COMMISSIONERS: PUBLIC HEARING Chiniaeff, Ford AUGUST 17, 1992 3. Variance No. 12 .Proposal to erect two freestanding signs-one six foot high sign adjacent tO Jefferson Avenue and. one. twenty-five foot high sign adjacent to Interstate 15 with copy for the Hungry' Hunter and Jan Wailerr R.V.. on each sign. ·. Matthew Fagan presented the staff report. Chairman Fahey opened the public hearing at 6:10 P.M. Larry Bradley, Sign Tech Electrical Advertising, representing the applicant, concurred with the staff report. It was moved by Commissioner Chiniaeff, seconded by Commissioner Blair to close the public hearing at 6:10 P.M. and adopt Resolution No. 92-(next) approving Variance No. 12 based on the analysis and findings contained in the staff report and subject to the Conditions of Approval. The motion was unanimously approved as follows: AYES: 5 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None Tentative Tract Man No. 25277 and Change of Zone No. 5724 Proposal is a request to subdivide a 47.7 acre parcel into 96 single family lots and 5 open space lots and a zone change'from R-R to R-1. Saied Naaseh advised that the item has been rescheduled to the meeting of September 21, 1992. It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to continue Tentative Tract Map No. 25277 and Change of Zone No. 5724 to the meeting of September 21, 1992. The motion was unanimously approved. 5. Development AQreement No. 92-1 {DA 92-1|, Change of Zone No. 21 and Tentative PCMINB/17/92 -3.- · PLANNING COMMISSION MINUTES AUGUST 17, 1999 Parcel Mao No. 27314, Amendment No. 2 Proposal is a request to subdivide a 96.9 acre parcel into 4 parcels and a 48.4 acre remainder parcel, A Development Agreement to ensure the development of the project as senior housing, congregate care facility, skilled nursing, personal care, a nine hole private golf course and dedication of a 2.3 net acre parcel to the City of Temecula, and a Zone Change from R-R (Rural Residential) to R-3 (General Residential). Commissioner Blair stepped down due to a conflict of interest. Saied Naaseh presente. d the staff report. Roger D. Prend of Albert A. Webb Associates, 3788 McCray Street, Riverside, architect representing the applicant, stated that they are in concurrence with the staff report, however, commented on the severity of the five (5) year time limit and suggested some additional language allowing the Planning Commission or the City Council to use their judgemerit based on the amount of financial contribution or improvement to the property instead of a five year limit, in the event of financial difficulties. Mr. Prend added that the idea behind the development is to have a zone change and a conceptual site plan/parcel map to allow a developer to come in and finance a project and the development agreement is the guarantee for the right to do the development as it is being proposed. Commissioner Ford questioned whether the golf course is proposed to be public or private. Roger D. Prend stated that although it is proposed as private, the applicant would like not to restrict it at this time and give the developer that option. Chairman Fahey opened the public hearing at 6:30 P.M. John Telesio, 31760 Via Telesio, Temecula;stated that he is in support of the project, however requested clarification of the following: what'.is the meaning of senior housing,' and that the School portion will remain zoned R-R. Mr. Telesio also expressed concern that the senior housing portion of tills development is proposed adjacent to the high school which might present a problem due to noise and lighting from football and other school oriented events. Bob Pipher, 41825 Green Tree Road, Temecula, expressed his concern that the area remain zoned R-R. Bob Kosslyn, representing Temecula Valley Unified School District, also expressed a reservation with the proposed senior project adjacent to the high school which may generate noise and light pollution during school events. Mr. Kosslyn requested that a disclaimer be Dresented in any purchase or rental agreement. PCMIN 8/17/92 919/92 ING=, :~' COMMISSION MINUTES Commissioner Ford expressed the following cc~ncerns: AUGUST 17, 1999 Is there adequate parking for a public golf course? A reciprocal access agreement is in .place until the future plans for the school are completed. What is the definition of a completed golf course as referenced in the development agreement? ' Commissioner Ford e>~pressed these concerns regarding the development agreement': * Page 18, 16.1 The number of units proposed in the development agreement is not concurrent with that stated in the market report, clarify the request. * Page 22, 18(E) Correct to read Pauba and Rancho Vista Road. Page 23, 19(C) States that the grading must all be at one time and asked if the developer been conditioned for immediate adherence to an erosion control condition. Page 24', 21 (A) Suggest that instead of 'developer" should read "owner" or "successor". Page 26, (31) Request staff to clarify the reference to specimen trees. Page 26, (36) should read "entrance gates". Page 26, (42) should include a requirement for clearances from the Army Corp of Engineers, Fish and Game, and Fish and Wildlife. Page 29, review and clarification of access points. Commissioner Chiniaeff stated that conceptually the project appears to be good for the community, however, he felt that the Commission was' being asked to make environmental findings that the Commission is not able to make regarding the following matters: grading impacts and erosion control number of units planned * public vs. private golf course traffic impacts impacts of dividing parcel 2 whose property line is on the lake * traffic impacts ° impact of the stadium adjacent to the project and the proposed mitigation a general plan presumption that this area will be zoned high density Commissioner Chiniaeff also expressed these concerns regarding the development agreement: PCMINell 7192 Ir.,.~..~,-p: ........PLANNING COMMISSION MINUTES requested clarification of Page 3, M-2 and M-3. AUGUST 17. 1992 reference to the potential for amendment and interpretations; suggest outlining what cannot be amended. makes reference tO maximum building heights and sizes of proposed buildings, however, the Commission has not been.provided that information. Commissioner Chiniaeff concluded that he feels that the request was premature based · on the information provided to the Commission to make a .recommendation. Commissioner Hoagland stated that he concurred that the project appeared good conceptually, however, this is a major development and requires a major development review. Commissioner Hoagland expressed concern regarding the following: what the impacts to the project and the surrounding residents would be if the school relocates the gym and other facilities as stated.' * buffering of the school and the project with respect to noise, lighting, etc. It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to continue off-calendar, Development Agreement No. 92-1 (DA 92-1 ), Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 2 to allow the developer to work with staff on some of the specific items discussed. Commissioner Ford added that the specifications of the senior center should be included in the development agreement. The motion was unanimously approved as follows: AYES: 5 NOES: '0 COMMISSIONERS: COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey None PLANNING DIRECTOR REPORT Gary Thornhill reported the following: Final technical sub-committee meeting scheduled for Tuesday, August 18th, on Growth Management. Also planning' a Town Hall meeting for August 27th and a joint City Council/Planning Commission meeting for September 3rd. Anticipate going to public hearing with the General Plan the third week of October. PCMINBI1 7192 Temporary Sign Ordinance' will come back to the Commission in three weeks. Staff has been authorized to enforce removal of signs in public right-of-way and 8/1182 ATTACHMENT NO. 7 PLANNING COMMISSION STAFF REPORT AUGUST 17, 1992 Case No.: RECO~ATION: STAFF I~gPORT- PLANNING CrrYOFTI 4 LA PLANNING CO1VIMI~SION August 17, 1992 Development Agrsnent No. 92-1, Change of Zone No. 21, Tt~tafive Parcel Map No. 27314,. AmendmentN0. 2 - l>repax~ By: 3aied Naaseh ]tF. CO~ Adoption of Negative Declaration for. Development Agreement No. 92-1, Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 2; and ArlOPT Resolution No. 92-. recommending Approval for Development Agreement No. ~2-1, Change of Zone No. '21 and Tentative Paroel Map No. 27314, Amendment No. 2 based on the Analysis and-Findings contained in the Staff Report and subject to th~ ~lmch~l Conditions of Approval. APPLICATION INFORMATION APPUCANT: Linf-zld Chri,~in. School Alben A. Webb Associates PROPOSAL: A request for approval of Development Agreement No.' 92-1 (refer to Attachment No. 6) to ensure the development of the site as a multi-family senior complex, congregate care, personal care and skilled nursing facilities, a nine-hole goff course and the dedication of a senior center to the City of Temecuh (refer to Exhibit "D"); a request for approval of Change of Zone No~ 21 to change the zoning from Rural Residential ('R-R). to General Residential (R-3) for parcels 1 through 4 of the Parcel Map (refer to Exhibit "F") and a request for approval of Tentative Parcel Map No. 27314, Amendment No. 2 to create four (4) parcels and a Remainder Parcel (refer to Exhibit "E"). LOCATION: Fast of Temecuh Valley High School, south of Rancho Vista Road and north of Pauh Road s~rA~,nrrss4Tm.~c vsw 1 ZONING: RoR (Rural l~eside~-l) SURROUNDING ZONING:- PROPOSED ZONING: EXISTING LAND USE: North: South:, East: West: Specific Plan (SP 219, Palore; Del SoD Rural Peside,,~l (R-R) bat R-3 (General Residenti,d) Linfield School Site SURROUNDING IAND USES: PROJECT STATISTICS North: South: Bast: West: Single Pamily Dwellings Vacant (lMloma del Sol) Single Family Dwc!llngs Temecula Valley High School Life of the Development AgTeement Number of Parcels Total acres Parcel 1/Senior Center Site Parcel 2flVlulti-fam~y Complex Parcel 3/Congregate Facility Parcel 4/Skilled Nursing, Personal Care Remainder Parcel/I,in~eld School BACKGROUND 15 years 4 plus a Remainder Far.~l 96.9 acres 2.3 acres 38.0 acres 6.2 acres 2.0 acres 48.4 acres This project was submitted to the City of Temecula on 'December 17,' I991. Three (3) Development Review Committee meetings were seimeduled on. January 16, 1992, February 27, 1992 and May 7, 1992. On June 15, 1992 the application was' deemed complete and was scheduled for: Planning Commission HearinS. PROJECT DESCRIPTION This project consists of a Development Agreement, a Zone Change and a'Parcel Map. following represents a' summary of the individual applications: Development Arreement 92-1 The purpose of this Development Agreement (D.A.) is to ensure the future development of parcels 1 through 4 of Parcel Map No. 27314 Amendment No. 2 as a multi-family senior complex, congregate care, personal care and ~ nursing facilities, a nine (9) hole privat~ golf course and the coustruction and dedic,,don of a seatior center on Parcel 1. A deed swr^mu, n273a~ra~c ,s- 2 restriction will limit the age of all r~ide~ts within this project to 55 or older. This D.A. is tied to the Change of Zone application to ensure the development of the above mentioned uses. Specific .language in the D.A. reve, x~ back the Zoning and the Genex~ Plan Land Use designations from R-3 and High Density to R-1 and Low Medium Density or Public Institutional if the developer does not begin substantial consmz~ of the multi-family senior complex and The. development of the site wffi comply. with all the nxluh~ of Ordinance No. 348, however, if new standards are adopted by the Cjty.by the '.~ the applicant applies for further entitlement.s, new standards will apply to the project. Change of Zone No. 21 The current zoning on the property is Rural Pe$ide~ti.! (rder to A~c"mcnt No. 7) and ie applicant is requesting a change of zone to General P~ideml.! (refer to Al~chment No. 8) for parcels I through 4 of the Parcel Map. The remslm~r pal%~] felltinS the R-R zoning designation. Tentative Parcel Map No. 77314. Amendmps~t No. ? This parcel map will allow the parcelization of a 97.9 acre parcel which includes the Ijnfield School site which will be designated as a Remainder Parcel. Parcel No. 1 will be constructed as a senior center and will be dedicated to the City for operation and maintenance. Parcel No. 2 will be developed as a multi-family senior complex with an integrated nine (9) hole golf coune. Parcel No. 3 will be set aside for the Congregate Care facility and Parcel No. 4 will be developed as Personal Care and Skilled Nursing facilities. Access to Parcel 1 is provided by two 30 foot wide driveways, access to Parcel 2 is provided by two 30 foot wide driveways, one on Pauba Road and one on Rancho Vista Road, Parcel 3 will have one exclusive 30 foot access drive aisle and a shared drive aisle with Parcel 4 with the same width. The Remainder Parcel will be served by the existing driveway.. Several structures including the school's gymnasium, three storage structures and a residence and a baseball field exist on the site and will be removed to allow the construction of the project, These facilities lmve been incorporated into the proposed master plan for the Linfield School. ' ' Two narrow, 20 foot wide drainage ditches enter the northwestern comer of the site, converge, and then terminate in the unvegetated alluvial wash which is identified as a Blue Line Stream on the USGS maps. The drainage ditches contain a low quality Sonthem Willow Scrub which qualifies as wetland habitat as identified in the BiOlogical Report. ANALYSIS Development Agreement 92-1 Since the development of this project as a senior housing complex required a zone change from R-R to R-3, Staff was concerned.about the potential development of the site as a high density apamnent complex permitted under the R-3 zone. One way to insure the development of the ms'rAnmyru'ui4TTM.iw: v~w 3 The D.A. requires the developer Iv comply with a Development Sci~nle, (refer ID Exhibit "C' of A.ncbment No. 6). The following ,~pn.s~ats the developer's responsibilities under this agreement. Within five (5) years of the e~ecti~ date of tiffs Development Agn~ent, Owner shall have subst=nfi=Hy begun ~uuction Of each of the following uses: ' a. Twenty (20) dwelling units of the Senior Citizen Housing Development, and The Congregate Care Facility, Skilled Nursing Facility, or Personal Care Facility. "Substantially be~,uu con~' shall mean oblaining a building permit and having an approved and inspecttvl foundafiou. After twenty-five (25) percent of the dwelling units within the-multi-family senior housing complex have received Occupancy Permits and prior to the next Occupancy Permit issuance within this complex, owner shall have constructed and. obtained a Certificate of Occupancy for the Senior Citizen Center, and shall have completed the golf course. Within five (5) years of the effective date of this Development Agreement, Owner shah have recorded Paxeel Map No. 27314 and' have obtained all subsequent development appwvals for the Senior Citizen Housing' Development, the CongroOm Care Facility, the Skilled Nursing Facility, and'the Personal Care Facility. 4. Within the term of this Development Agreement Owner shall have obtained Cezii~cates of Occupancy for all buildings identified in .the ~bsequent development appwvals. Failure to meet. any of these deadlines wffi .result in a breach of the D.A., and the city wffi initiate the reversion of the zoning designation and the Genentl Plan Land Use designation from R-3 and High Density Residentinl to R-1 and Low Medium Density Residential or Public Institutional. In order to satisfy the Quimby Act requirements which are usually collected prior to the recordation of the Final Map, the applicant wffi receive a fitty (50) percent credit towards the construction of the private golf course. The conceptual site plan for the project (refer to Exhibit "D") shows no public parking spaces for this facility, therefore, it wffi be used exchsively by the residents of the complex. The remslning fifty (50) percent of the Quimby requirements is satisfied by the construction and dedication of the Senior Center site which will actually exceed the Quimby Act requirements. Both of these facilities wffi be built after twenty-five (25) percent developer could have 20 aimproved foundations for the mulfi-fam~y senior complex and have revived th~ approval for th~ fomutafion of either tbe ~ ~ ~ ~ nu~g ~~ ~ ~ci1~e~, ~ ~ve ~ ~ ~ ~, ~ ~ ~ ~ ~ ~ ~ or ~e ~or ~n~r or ~ ~ff ~. Change of 7one No. ?1 This Change of Zone from R-R to R-3 was neces~ry to allow the develeper to apply for the entitlemenU n'ecessnry to build the senior housing complex as identified in the D.A. Moreover, titis zone change is 'conditional" upon the pe~onnnnce of the developer in regards to the development of the site as specified in the Development Schedule of the ~),A, (refer to Exhibit "E" of Atrn~*hment 6). ral lan designations will reven backfrom g.3andHigh~ Residential tog-1 and Low Medium Density Residewlnl or Public ln._qitutional. Tentative Parcel Mqp No. 77314. Amendment No. 2 The proposed map wffi subdivide the 98.9 acre pat~ into four (4) parcels and a Remainder Parcel. The Senior Center site is located on Paw. ei No. 1. Due to the existing topography, the whole site will probably have to be mass graded in order for this parcei to be developed. Otherwise, the parcel by itself wffi be difficult to grade and .build on. Since the D.A.. requires the developer to construct and dedicate the site to the City prior to release of the first occupancy penit for the multi-family complex Staff does not foresee a potentlnl problem with the topography. ' Compatibility with the Surrounding Uses The site will be hordered by existing single-family residential to the north and proposed single- family to the south, and two schools to the east and west. Staff has not been contacted by either of the two Home Owners Associations (HOAs), Villn Avanti to the north and Green Tree to the east,' expressing opposition to the project. 'Both of these HOAs have been notified of the Public' Hcaxing. However, the Temecuh Valley Unified School Di~rict has expressed concern about the pwject and has requested a Conditional of Approval be added to protea their interests (refer to Condition No. 34 and Attachment No. 11 ). Staff shares the concerns of the School District since the proposed senior citizen complex will be surrounded by two schools which could impact this pwject. The existing stadium wffi generate light and noise that wffi need to be mitigated at the plot plan stage (refer to Condition No.35). ' ZONING, FUTURE GENERAL PLAN AND SWAP CONSISTENCY The pwposed project includes a change of zone from R-R to R-3. This change will allow the development of the projea site as a senior housing complex as dictated. within the D.A. The City of Temecuh is supportive of fixis change of zone since it will result in a desirable senior housing project consistent with the surrounding land uses. swra~p.~ruTs~rrrK~c v~w 5 The first daft of the pruferred land me map shows the project site as Public htstimtional since TI~ SWAP d~gnation for the project site is residential minimum ol~ acre lot size The City · ENVIR. O~~ DETERMINATION · An Initial Study 'was prepared. for fixis project and'with the adoption of mitigation measures which have been inClude~ in the Conditions of Approval all the anticipated impacts have been reduced to a level of in~ieni~amCe. ' The~ore, a Negative Declaration has been prepared and recommended for adoption. The fonowin~ s~mm~,,-i,~_ tlz ~on measures. Structures proposed in the 63 Flood Plain wMch has ~ create. x:l as a result of surface drainage entering the site- -__ .... Existence of wetlands on the site Temecula Valley High School stadium noise and lights entering th~ property from adjacent areas A mitigation measure that is acceptable to the Army Corps of Engineers, Fish and Game and Fish and W~dlife 33 These impacts shah be dealt with at the Plot Plan stage and include mitigation m~asures such as building" orientation, bu~ding design features such as o~er hangs, landscaping and setbacks 35 ~s'ram. mmurrac~c ,v, 6 Traffic impact of the * project bn the public street system with 1,610 daily vehicle Uips including 130 pe~k hour trips and th~ operation of a major inte.nection at level of service C or beUer · Internal circulation impacts' to cars and pedemians ~FumRoadand project site TbeSatefortbe multi-family senior back sufficiently to allow for st~ciring of 36 & 37 Impaas w Fir~ S~rvices Impacts to Library Services A pedestrian friendly circuhtion system shall be designed to .separv. ethe pedestrian circuh~on from the auto circu]ation by !inking padring lots, bufidings and recreation .areas u tUerbyacce paving, crosswalks, lighting, hndscaping and signage A $400.00 per dwelling unit fire mitigation fee shall be assessed against the pwject A $100.00 per dwelling unit library mitigation fee shall · be assessed against the pwject 38 21 s~r~3u,r~73~4Trm. pc v~e 7 Aesthetics Impact to the surrouuding uses SUM1VIARY/CONCLUSIONS 39 The senior citizen complex shah be wnmmiaed as specified in the Developanent Agremnent. At the same time the D.A. prevents the constmclion of high density apartments once the zoning is changed to R-3. The develolzr has five (5) years to start the consUuaion of the project and fifteen (15) years to complete the projea. The consreaction and dedication of the Senior Center and the construction and operation of the golf course arc required after twenty-five (25) percent of the dwelling units within the multi-family senior housing complex have received Occupancy Permits and prior to the next Occupancy Permit issuance within this complex. Staff feels that the approval of the Development Agreement, Zone Change and the Parcel Map will start the foundation of a senior citizen complex that will receive more defiled xtwiew at the Plot Plan stage to ensure the projects consiste-~t with the existing and proposed uses surrounding the site. FINDINGS Development Agreement 'No. 92'1 The City is proceeding in a timely fashion With the preparation of its Geneva/Plan. There is a reasonable probability that the D.A. will be consistent with the General Plan proposal presently being considered, since the pwjea will be compatible with surrounding uses and will carry out the-policies intended for the C, enemi Phn. Therefore, there is a reasonable probability that the D.A. will be consistent 'with the future General Plan. There is little or no probability of substantial detriment to or interference with the future adopted General Plan ff the D.A. is ,,lfim,teJy inconsistent with the plan, since this pwjea will be compatible with the surrounding uses. sxs'r~z~ru~zrrrM.~ vsw 8 e The D.A. complies with all other applicable requiremems Of stale Law and Local OrdinanCeS. deemed feasible to mili~Ue adverse impacts fizreof have been incorporated into the City No other mitig~tlon measures for mvironme,~l iml~t~ c'mat~ by ti~ project, as presently approved shall be required for development of the pwject unless mandated by hws. · The City may, pursuant to and in accordance with i~s rules, re~htions, and ordinances, conduct an environmental P3view of subsequeS disc~imsa~ entltlements for the development of the yrolx~ty or any chan~es, nmesdments, or modifications w the property. The City, as a resul~ of such zeview, may impose additional measures (or conditions) to mitiEate, as pel, milled by hw, the advefie eDvirOnmental impaas of such development entitlement which were not considered or mifiFed at the time of approval of the D.A. Chani, e .of Zone No. 21 Them is a reasonable probability tha~ CbanSe of Zone No. 21 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 future development of the site wffi be controlled by a Development Agreement which is wnsist~ with City's policies for the new General Plan. , Them is not a likely pwbability of substantial detriment to or interference with the future General Plan, ff Change of Zone No. 21 is Ultimately inconsistent with the plan, due to faa that the development of the site wffi be controlled by a Development ~ent which is consistent with time City's policies for the finnre General Plan. The pwjea is compatible with surrounding land .uses' since this projea will not' have · negative impacts on the existing school sites to the east and west and the existing and proposed single-family dwellings to the north and south. e The proposal wffi not have an adverse effect on the environment, since mitigation measures have been incoqxn~ to the project desi~ and conditions of approval to reduce the impacts to a level of inSignifiCance. Tentative Parcel M~p No. 27314 There is a reasonable probability that Tentative Parcel Map No. 27314 will be consi-qent with the City's future General Plan, which wffi be compleled in a reasonable time and in accordance with State Law. The projea, as condi~oned, conforms with existhE applicable city zoning ordinances and development standards. swrans,nrn~crm.x,c n- 9 There is not a likely probability of substantial deelment t0, or interference with the City's future General Plan, if the proposed use is ultimately inconsistent with the Plan, since the future development of the site will be controlled by a Development Agreement The proposed use or action as condifioned complies with State plnnninff and zoning laws P, efermwe local OxdlrnnceS No. 348, 460;' aud Californi, Govexnmenml Code S~ 6sooo-66oo9 hnninS and zo g hw). The project as designed and ~ndi~oned wffi no~ adversely nffec~ time public health 'or. weftare since aJl impaL-~ have been mlti~te4J to a knv~ Of insignifiCance~ The projea is compatible with surmundi~ land uses since the proposal will not have a negative impact on the existing school sites to the east and west and the existing and proposed single-family dwelllnEs to the north and south. The pwject has. acceptable access to de~ic~te~ tights-of-way which are open w, and useable by, vehicular traffic. The project draws access from Pauba Road and Rancho Vista Road, improved dedicated City rights-of-way. Project access, as designed and condi~oned, .conforms with applicable City l:ngineexing standards and Ordin=nceS. The project as designed and conditioned will not adversely affect the built or uamral environment as determined in the Environmental Analysis for this project. Said Findings are supported by minutes, maps, exhibits and environmental docmnents associated' with this application and herein incorporated by rderence, due to the fact that '.they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. STAFF RECO~ATION: ]tVCO~ Adoption of Negative Declaration for Development'Agreement No. 92-1, Change of Zone No.--21 and TenUttive Parcel. Map No. 27314, Amendment No. 2; and AfM3PT Resolution No. 92-. recommending Approval for Development Agreement No. 92-1, Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 2 based on the Analysis and Findings contained in the Staff Report and subject to the attached ConditiOns of ~val. s~rA--arr~ntrrr~.z.c ~s, 10 2. 3. 4. s 10. 11. 12. 13. Resolutions - blue page 12 O~insnCe,~ - blue page 18 Conditions of Appwval - blue page 19 Exhibits - blue page 35 a. b. C. d. e. f. Concopmal Site Plan Tentative hrcel lVI~ No. 27314,' ~kme-~dment No. 2. Change of Zone No. 21 g. Conceptual Elevations Initial Envizonmental Study - blue page 36 Development Agreement - bluo psgc 53 Sections 5.1 and 5.2 of Olx41nnnce No. 348, Rural l~sidemin! Zoning Standards - blue page 54 Sections 8.1 and 8.2 of Ordinance No. 348, General Residential Zoning Standaids - blue page 55 Sections 18.5 and 18.6 of OFllnnnc'~ No. 348, Stalidazd$ for Planned Residen~nl Developments & Planned ]~e, sjdemini Developments-Senior Citizens - blue page 56 Sections 19.101, 19.102 and 19.103 of OrdinanCe No. 348, Congregate Care Facilities Standards - blue page 57 School District Letter - blue page 58 Arthur Anderson Study, Development Program Recommendations - blue page 59 Miscellaneous .Con'espondenCe - blue page'60 s~Am~n.m,e.m.t,c ~ 11 ATTA~ NO. 1 RESOLUTIONS s~r~mu,r~4rm.~ ,v, 12 ATFA~ NO. 1 RF~OLUTION NO. 92- A RESOLUTION OF Tm?~ PLANNING COMMISSION OF T~r- CITY OF TEMECULA RECO~ING APPROVAL OF DEV~ OPMENT AGR~ NO, 92-1, CHANGE OF ZONE NO. 21 TO CHANGE ~ ZONING FROM R-R TO R~3, AND TENTATIVE PARCh- MAP NO~ 27314, ~I~FT NO. 2 TO SUBDIVIDE A 96.9 ACRE. PARCRL INTO FOUR (4) PARCEL8 AND A R!~IAINDER PARCRI. LOCATED NORTH OF PAUBA ROAD, ,SOUTH OF RANCHO VISTA ROAD AND EAST OF Tn'R ~ V~LLRy HIGH SCHOOL, VIrHER!?.4~, The Lin~ead School filed Development Agremnem No. 92-1, Chz,,~Ec of Zone No. 21 and Parcel Map No. 27314, .Amendment No. 2 in accordance with the Riverside County Land Use, Zoning, Phnning and Subdivision OITlimanCeS, which the City has adopted by reference; Wnrl~,EAS, said applications were processed in the time and manner prescribed by State and local hw; BSIk'~F.4,S, the Phnning Commission considered said applications on August 17, 1992, at which time in~ persons had an opponu~ty to testify either in support or opposition; Vv'~'~EAS, at the conclusion of the Commission hearing, the Commi.~sion recommended approval of said applications; r ow, vnn oa , co nsmor oF' crr oF TsnviE DOE aESOLVE, DETntMZf .,OrV OaDER as wuows: Section 1. Findings. That the Temecuh Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shah adopt a general plan within thirty (30) months foliowing incoxporation. During that 30-month period of time, the city is not subjea to the requirement that a general plan be adopted or the requirements of state hw 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 s~ramu, x~4ma.~ n- 13 2. The planning a~ucy finds, in appmving projects and taking other actions, including the issuance of building ]n'miU, each of the following: a. There is a reasonable probability that the !and use or action proposed will be consilent with the general plan proposal being considered or studied or which will be maclied within a re-~au,ble time. · b. There is lilfle or no ptobab~ of subsantial detriment to or interference with the future adopted general plan ff the proposed use or action is ultimately inconsistent with the plan. · .. ' ' c. The proposed use or action complied with all other applicable requirements of slate hw and local ort6n--noes. B. The Riverside County General Plan, u mended. by the Southwest Area Community Plan, Cnemim~er '~t'AP') was adopted prior to the inwrpom~on of Temecuh as the General Plan for the southwest poniou of Riverside County, including the area now within the boundaries of the City. At this time, the City Ins adopted SWAP as its General Plan guidelines while the City is proceetlinE in a timely fashion with the preparation of its General Plan. C.. The Planning Commission in recommending approval of said applications makes the following findings, to wit: Development Agreement No. 92-1 General Plan. The City is procee~inff in'a timely fashion with the preparation of its 2. 'There is a reasonable probability that the pwjea will be consistera with the general plan proposal presen~y being considered, since the project wffi be compatible with surrounding uses and will carry out the policies intended 'for the General Plan2 3. Them is little or no probabiliW of substantial detriment to or interference with the future adopted general plan ff the projea is ultimately inconsistent 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 hw and local ordinances. 5. The environmental impacts of the agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City approvals for the project. 6. No other mitigation mmsures for environmental impacts created by the project, as presently appwved shall be required for development of the project unless mandated by hws. swr~uapT~nz4~-M. pc ~s~ 14 7. Th~ City may, ~ to ~ in tccoxdu~ with its rul~, regulations, and ol~inances, conduct an mvironme-ffal ~ of sub~lue~ ~ enti~~ for the dcvel.opmcnt of the pxopcdty or any changes, smmutme~, or modifications to th~ ptx~,tty. The City;as a rexult of such review, may impo~ additional m~asures (or conditions) to mitigate as p~rmitted by hw ti~ adv~ ~nvixonm~mal impa~ of such d~elopm~t ~titlem~nt which were not considered or mltig~.d ~ the time ef ~ of the projea. Change of .7one No. 21 1~ There is a masonable pmlmbilily that Change of Zone No. 21 will. be consistent with the City's fum~ General Plan., which will be completed in a reasonable time and in accordance with State Law, due to the fact that the futm-e development of the site will be controlled by a Development Agreeanent which is con-~i~t~ with City's policies for the new General Plan. 2. There is not a likely probability of substantial detriment to or interference with the future General Plan, ff Change of Zone No. 21 is ultimately inconsistent with the plan, due to fact that the development of tie site will be controlled by a Development Agreement which is consistent with the City's policies for the funfie General Plan. 3. The projea is compatible with sunounding land uses since this project will not have negative impacts on the existing school sites to the east and west and the existing and proposed Single-family dwellings to the north and south. 4. The proposal will not have an adverse effect on the environment, since mitigation measui'es have been inco~ into the projea design and conditions of approval to reduce the impacts to a level of in.~ignificance. Tentative Parcel M~p No. 27314. Amendment No. 2 1. There is a reasonable probability that Tentative Parcel Map No. 27314, Amendment No. '2 .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 concli~oned, conforms with existing applicable city zoning ordinances 'and development standards. 2. There is not a likely probability of substantial detriment W, or interference with the City' s future General Plan, ff the proposed use is ultimately inconsistent with the Plan, since the future develoZnnent of the site will be controlled by a Development Agreement which is consistent with the City's policies for the new General Plan. 3. The proposed use or action as conditioned complies with State l~lanning and zoning hws. Reference local Ordinances No. 348, 460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). health or welfare. The pwject as designed and conditioned will not adversely affect the public swrA~wr-m.~ ,p 15 will not have a negative impact on the e0d~ng school sites to the east and west and the existing and propo~ single-family dwellings to the north and south. 6. The project has accqmtble access to rk. dicste~J fights-of-way which are open to, and useable by, ve~iq,lnr traffzc. The project draws access from Pauba Road and Rancho Vista Road, improved ,~dicsted City tights-of-way. Project access, as designed and condidoned, conforms with applicable City ~n~ineering standards and OrrlinnnCeS. ?- 'The project as desigp*d and conditioned Will not adversely affect the buil~ · or natural environment u dctcrmlnod in the Envjronmemtal Analysis for this project. 8. Said findings az~ mq,,lx,-tu:! by n,i,:olc. s, maps, exhibits and environmental documents associated with this application and herein incoxpontecl by reference, due to the fact that they arc referenced in the =ttnP. hed Staff Pepon, Exhibits, Environmental Assessment, and Conditions of App--~. F. As conditioned pursuant t~ SBC'I2ON rrt, the Parcel Mnp proposed is compatible with the health, safety and welfare of the community. Section 2. l=nvironrnentnl Cotr~llnncc. AJI lnltinl Study prcpazcd for this project indicates that the proposed project will not have a signifiimnt impact on the environment with the incorporation of the mitigation measures into the project design, and a Negative Declaration, is hereby granted. Section 3. Conditions. That the City of Temecuh Phnning Commission hereby recommends appwval of Development Agreement 92-1, Change of Zone No. 21, and Tentative Parcel Map No. 27314, Amendment No. 2 located at north of Pauh Road, south of Rancho Vista Road and east of the Tomecub Valley High School subjea to the following conditions: A. Attachment No. 3, attached hereto. Section 4. PASSED, AFPROVED AND ADOPTED this 17th day of August, 1992. JOHN E. HOAGLAND swrapppyn~4vnt~c ,p 16 I n S~:R s<Ry CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temec-in at a ~ meeting then:of, held on the 17th day of August, 1992 by the following vote of the COmmi,tb'iO!l: AYES: NOK~: ABSENT: 'I~-ANNING COMMISSIiON'BRS: PLA,NN~G COMMISSlONIKRS: PLANNZNG COMMISSIO~f' ATTACHMENT NO. 2 ORDINANCES s~r~!4Tl3d, pC vSw 18 D~t,~TED BY STAFF ATTA~ NO. 3 CONDITIONS OF APPROVAL s~r~m~r~,rr~c~c .,. 19 CITYOFTI~I~"ULA CONDITIONS OF APPROVAL Tentative Pan:el Map No: 27314, Amendment No. 2 Proje~ Desaip~on: A reque~ ~ subdivide a 96.9 acre ~ ~ 4 ~ alid a l~rnminder Assessor's'Parcel No.: 946-070-080 The tentative subdivi~__on abaft comply with the Sta~ of Califor~s Subdivision Map Act and to all the requirements of Orah,,nce 460, unless modified by the conditions listed below. A time exXen.~ion my be spproved in accordance with the Sln~e Map Act and City Ordln~nCe, upon wrinen n~!uest, ff made 30 days prior to the expiration date. This conditionally approved tentslive map will expire two yesrs after the approval date, unless enended as provided by Ordi~nce 460. The expiration daXc is Any delinquent property taxes shall be paid prior to recordafion of the final map. Legal access as required by ~ce 460 shall be provided from the tract map boundary to a City maintained road. Subdivision phasing, if applicable, shall be subject to Planning Departmere approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform t0 the intent and purpose of the subdivision , approval. A Homeowners Associntion shall be established for maintenance of Open Space/Common Area and the developer/applicant shall pay for all costs relating to establishment of the Homeowners Association. A copy of the final grading plan shall be submined to the Planning Department for review and approval. An on-site cut and fill slopes shall: Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of ~ (30) feet. Setbacks from top and bottom of dopes shall be a minimum of one-half the slope height. B. Be contour-graded to blend with existing natural contoun. SWrAFi~sT~I4TrM.pC ~w 2O e 10. 11. 12. 13. 14. 15. 16.. 17. All slopes over three (3) feet in beight shall be S.n,tscaped and irrigated according to me Ciiy Development Code. A de~.ed b-,dscaping and irrigation plan prepa~ by a qualified professional, shall be submilKd to the City Planning Departm~t;t for zzwiew and approval prior tO iSSl-unCe Of buikfing permits. The-applicant shall comply with the environm~! health recommendations outlined in the County. Health Dqat~ent's trsn.~nittnl dated July .1, 1992i a .copy of which is The applicant shah comply with the fire improvement recomme-ndmlons outlined in the County Fire Departmenrs letter dated May 4, 1992, a copy of which is attached. All proposed construction shah comply with the Cafifornia Tn~tute of Technology, Palomar Observatory Otndoor ~-ig~ng PoncT, as ~ in the' Southwest Area p~an. The developer shall be responsible for msimensnCe a!ld lipkeep of all slopes,. landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. The appficant shah comply with the recommellda~olls 0lltlitled in the Rancho Water transmittal dated May 7, 1992, a copy of which is attached. The appficant shall comply with' the recommendations outlined in the RTA transmittal dated March 2, 1992, a'copy of which is attached. The appficant shall comply with the recommendations outlined in the Temecula Community Services DistriCt trsnSmiltsul 'dated August 12, '1992, a c0pyof which is attached. · Prior to recordation of the final map, an Enviromneetal Constraints Sheet (BC5) shah 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 Depa,~ent for review and approval. The approved ECS shah be forwarded with wples of the recorded final map to the Planning Department and the Depamnm of Building and Safety. The following notes shall be placed on the Environmental Constraints Sheet: A. This property is located within thirty (30) miles of Mount Palomar Observatory. swr~n,ptp~a4-n~.pc ,p 21 A fifty (50) foot wide e~,~-mem sludl be recorded on both sides of the wetland habitm as iden~ in the Biological Report and shall be designated a biological open space. The area within this easement may be incmpozated into the design of the golf course. Drainage easements shall be iu:pt free of buildings and obstructions. The lO0-year floodplain area shall be de~ne~red. Prior to the i~,,-,,ce of building pezmits de~ileO common open space area hnd~ng and iuiga~on plau~ gall be submined for Phnning Depamnent approva/for the phase of development in process. The plans shall be certified by a l~ndsc'~pe architect, and .shall provide for the following: Permanent automatic irrigation systems shall be installed on all landscaped ·IAndscape screening where required shall be designed to be opaque up to a minimum height. of six (6) feet at maturity. All utility service areas and enclosures shall be screened from view with landscaping and decorative harriers or baffle treatments, as appmved by the Planning Director. Utilities shall be phced underground. Parkways shall be hnd,~ped to provide visua/screening or a transition into the primary use area of the site. Landscape elements shall include earth benning, ground cover, shrubs and specimen trees. 'Front yards shall be landscaped and street trees planted. Wall plans shall be submitted for ·the project perimeter' and-along ~,tar~a,--:.4~ Road. Wooden fencing shall. not .be allowed on the perimeter of the project. All lots with slopes leading down from the lot shall be pwvided with gates in the wall for maintenance access. hndscaping plans shall incoxpm-ate the use of specimen accent trees at key visual focal points within the projea. Where street trees cannot be planted within right-of-way of interior streets and pwject parkways due to insufficient road right-of-way, they shall be planted outside of the road right-of-way. I ~ndsc~ping plans shall incorporate native and drought tolerant plants where appropriate. s~rax,nt, ruTsz4-rr~.~c v~w 22 i. jo ALl e0cisting speclme., trees and significast rock outcroppings on the subject iao~.,ty shall be shown on the projea's Zr,,dlnE plans and shall note thOSe tO be rmnoved, re~oc~ted and/or wr~ine~. All trees shall be minimum double staked. Weaker and/or slow growing trees simil be sted staked. 19. conceptual grading plan shall be submitted to the Planning Director for approval. The plan shah be used as a g-ideliw~. for subsequent defiled grading plans for indi'.vidual phases of development and shall inchute the following: (1) . Techni~t~les which wffi be utilized to px,~went erosion and sedimentation .during and after the grading process. (2) Approximate tim~ frames for grading and identification of areas which may be graded during the higher probability rain months of January through Mat~. (3) Preliminary pad and roadway elevations. Be (4) Areas of unpon~ gridinS outsid~ of a particu~ phase. All cut slopes located adjacent to ungrnd__ecl natural terrain and exceeding ten (10) feet in vertical height sixall be contour-graded incorporating the following grading techniqueS: (1) (2) The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. Angular forms shall. be discouraged.. The. graded form shall reflect the natural rounded terrain. (3) The toes and tops of slopes shall be rounded with curves with radii designed in pn>yo, tion to the total height of the slopes where drainage and stability permit such rounding. (4) Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contoun of the slope shall be curved in a continuous, undulating fashion. Prior to the issuance of grdding permits the developer shall provide evidence to the Director of Building and Safety that '~ adjacent off-site manufactuFed slopes have recorded slope easements and that slope maintenance r'~ponsibitities have been ~igne~ as approved by the Direaor of Building and Safety. sxs'r~r~,ru~zrrrM.ec ,p 23 20. 21. na · y paying the appwih~e fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Consen,afion 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. S.' Prior to i.~,,,,~ of gradin__g permits, erosion control landscaping shall be provided c~n~st~t with Or,~inanc~ No. 457.78. F..' An overall conceptual landscape plan shall be-submitted to. the Planning Department for approval prior to is,sate of any grading permits. This plan shall v~.~.'g~u~vkl~areas which wffi be isnd~ including front yards, slopes parkways, etc. C~ i,,~lscape plans for each phase shall be submitted for approval tO the Phl!l~ ~ prior to i,Issmnce of any building permits for that phase.. All common area lsnt~R"4pin~ for each phase shall be installed prior to isSlumce Of the ~ for any building in that phase. Prior W the iSSV.nCe Of ~ permitS, a qualified paleol~]ogist shal] be retailled by the developer for consulUnion and comment on the proposed grading with respect to potential paleontological impam. Should the paleomologist find the potential is high for .impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shal/be arranged. When necessary the paleontologis~ or representative slutll have the authority W ten~porarily divert, ~ or halt grading activity to allow recovery of fossils. Prior to the issuance ofBun.nlNG P~Mrl's 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 dsvelopsr's successor's-in-inmmst provides evidence of compliance with public facility financing measures. A cash .sum of' one-hundred dollars' ($100).per lot/unit' shall be deposited with the'City as mitigation for public library d~velopment. All building plans for all new structures shall inco~, all required elements from the subdivision's appmved fh~ protection plan as approved by the County Fire Manhal. All dwellings to be wnsmuxed within this subdivision shall be designed and constructed with fire maxdant (Class A) roofs as approved by the Fire Manhal. Roof-mounted mechanical equipment shall not 'be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with. Planning Depamnent approval. 24 22. 23. 24. BuildinS separation between all iadldlngs i~im4in~ Fareplaces shall not be less than ten (10) feel All !=ndsc~in$ and izriFnlon sladl be in-ealleri in accordance -wbh approvcd plans prior To the iesponce of occ,vl~ncy perrobs. If seasonal conditions do not permit phnfing, interim ls~~ and erosion comzol measures shall be utiliT~l as appzoved by lt~ Plannin~ ~ and tJsi Dizector 'of ~,.~in~ and Safe... and All io,vlsc.~inE irri~q~, shall be ins-ned in acwadance with appwved plans ent withjjM-Jje~pk T,,~ for tie refuse e w include the u 'i,-'on of a smallpick-up track equipped with a lift mechanism in order to move the containers out and back into the project; flus, prohibiting the entering of large refuse trucks into the project. Said agreement shall be submitted to the Plsnning Director for ~. The subdivider shall defend, indemnify, and hoM harmless the City of Temectda, its agents, officer, and employees from any claim, action, or proct.~-fing a~ainst the City of approval of the City of Temecula, its advisor~ agencies, ~ boards or blishfive body concerning Tentative Parcel Map No~ 27314,' Amendment No. 2, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula wffi promptly notify ~e subdivider of any such chim, action, or proceeding arainst the City of Temecuh and wffi cooperate fully in the defense. ff ~e 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, hdemnifjr, or hold im~nless 'the City of Tem.ecula. The developer shall make a good faith effort to acquire the required off-site propeffy interests, and ff he or she should fail to do so the developer shall at least 120 days prior to submittal of the final map for approval, 'enter into an agreement to complete the impwvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by ~e developer of all 'costs incurred by ~e City to acquire the off- site property in~ rsquimd 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 obt~ed by the developer, at ~e devdoper's cost. The appraiser shall have been appmved by the City prior to commencement of the 'appraisal. Sk.~TAFI:IPT'~ZZi4T'f'M.I,C vlw ~ All utility systems including gas, electric, telephone, water, Sewer, and cable TV shall be provided for under/roumt, with essements provided as required, and designed and consu~ct~ in accordance with City Codes and ,ti~ utility provider Telephone, cable T~, and/or security sysu~ms shall be pre-w~ in the resjdwces. ' 26. AH utilities, except elec~c~! lines rated 33kv or greamr, shall be installed underground. Covenants, Conditions. and l~estri~ons/R~n~al Access ~sements: 27. 29. 28. The Covenants, Conditions and l~csiricti0m (CC&R's) shall be reviewed' and approved by the Planning Department prior to final approval of the tract maps:' The CC&R's shah include liability insurance and methods of m,iminlng the ope~ space, recrea~oll areas, parking areas, private roads, and exterior of all buildings. No lot or dwelling unit in the development shall be mid unless a corporation, assoch~on, property owner's group, or similar entity has been formed with the fight to assess aH properties individually owned or joinfly owned which have any fights or interest in the use of the common areas and common f~cilitie~ in the development, such assessment power to be suffwient to meet the expenses of such entity, and with authority to control, and the duty to mnint~in, sll of ~ mutually available feanr~ of the development. Such entity shall operate under reconied 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 mnintermnce, 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 inndsc. aped and open areas, including parkways, shall be pwvided for in the CC&R's. 30. 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-axeas and faciliU'es, or ('2) a 'share 'in the corporation, or voting membership in an association, owning the common areas and facilities.  All existing specimen trees on the subject pwl/,dty shall be preserved wherever feasible. as appwved by the Planning Director. 32. Within forty-eight (48) hours of the approval of the 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 One Thousand, Two Hundred, Seventy-Five DOlin~ ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee, in compliance with AB 3158 required by Fish and Game Code Section 711.4(d)C2) plus the Twenty-Five Dollar ($25 ~00) County ndmini,mative fee to enable the City to file the Notice .of Determination required under Public Resomces Code Section 21152 and SISTAI~rRFI'~'B!4TTM. PC 26 condition, Fish and Gaxne Cod~ ~ection 711.4(c). 33. 35. of F3sh and Crame prior to de~igplnE ~e site plan for the project to mitigate the impacts tO the wetlaRds ~ ide..dlC. ed in thc FIgRIB 2 of the Biological Report which includes the unvegetated alluvial wash and the Southern W'fflow Scrub. A proof of this consultation shall ~ submitted to the lq,nnlnE Dq}amnmt along. with the Plot Plan or Conditional. Use Permit applications. These applications .shall not be deemed complete without the proof of co~mwlfnrlon with both of thcse agencies. A full disclosure sial] be made to aH prospective residents, whether buyers or renters, that the e~,einl~ Temec, ln Valley High School football s~alpm, tenni.~ COUlB and other community activilies. These events occur duzing both the daytime and evening hours and will genera _t~ considerable noise and light. The Temecttla Valley Unified School District will not accept reslxm-_,n_'b~ for the impnet that these activiti~ may have on the neighboring comple~_es '~r will any of these conditions be subject to mltig~tlon by the district. The disclo~u~ shah be made at the time of initi~' nutrketing and through individual grant deeds. The specific form of the disclosure shall be approved by the Phnning Dizector and the City Attorney prior to i~mmnCe of b-iiding permits. The proposed project will be impacted by the Temecuh Valley High School stadium noise and fight. The following shall be implemented prior to approval of any Plot Plans or Conditional Use Permits: A noise study shall be submitted. Thk study shall examine the impact of the stadium on the proposed residences. Mitigation measures shall be included in the study including but not limited to building setbacks from the westerly pwperty line, walls, landscaping, building orienutfion .and building design..-.These mitigation measures shall reduce ~e maximum-interior noise level to 45 Ldn and the exterior noise level to 65 Ldn. 36. 37. Mitigation measures shall be incorporated into the project design including but not g gn. These mitigation measures shall reduce the impact to a level of insignificanCe as determined by the Planning Director. The entrance gate~ to the private roads in the multi-family senior complex, ff pz~sed, shah be set~cir sufficiently to allow for stacking of cars to' avoid blocking the right-of- way. This condition shah be complied with prior to approval of the Plot Plan. ' A pedestrian fzien~y circtdation system shah be designed to separate the pede. s~d,n and aura citcuhtions by linking parking lots builtfrog and reaza~on azeas paving, cross walks, lighting, !nnds~a~ and signage. tog.ether by accent s~'r~~,n-m.~ , 27 38. 43. 39. 40. The development of this project shaH' comply w'fat Development Agreement No. 92: 1. PUBLIC WORgg DEPARTMENT The following are the Depamnmt of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Govu~mm Agency. All questions regarding the true meaning of the conditions shall be ~ to the ayg,~pahte 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 ear~Anents,. traveled ways, improvement constraints and drainage courses, and their omission may require the project to be x~submill~ for further rt~iew and revision. PRIOR TO RECORDATION OF THE FINAL MAP: 41. 42. Pursuant to Seaion 66493 of the Subdivision Map Act, any subdivision which is pan of an existing. Assessment District mug comply with the requirements of said section. 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; A/~...' - Riverside County Flood Control district; \ · - City of Temecuh Fire Bureau; ' Planning Department; ' \ ' - Riverside County Health Depamneat; . - CATV Franchise; . - Parks and Recreation Department; - General Telephone; . - Southera C, aliforni~ Gas Company. All mad easements and/or sweet dedications shall be offered for dedication to the public and shall continue 'in force until the City accel~ or abandom such often. All dedications shall be free from all enoanbrances as appmved by the Depamnent of PUblic Works. swr,~-nz?sa4rru. pc ,p, 28 45. 46. 47. 48. Pauba Road and Rancho Vista Road shall be impnmved with a half-width of 32 feet of asphalt concrete pavemeut, or bouds for the street inxpmvements may be posted within the dedicated right-of-way in accordance with City Standard No. 102, (88'/64')L' Iu the eveut road or off-site right-of-way are required to comply with these couditious, deveJopcr shall euter intd au agrccmcnt with the City for the acquisition of such e~cjmcnt at the developor's cos~ pursuant to Government Code Section 66462,5, .which shall be ~: no cost: to the C'ny. Vehicular access shall be zestricted on Pauba Road and lancho V'~a Road and so noted on the final map with the excelxion of access points and su~ iat~tlom as shown on An easement for ajoint use driveway between shah be ~ betwe, mparcels 3 and 4 prior to approval of the Final ~ or issuance of builcting permits, whichever occurs fu'st. boundary. All offers of de~i~tion and conveyances shall be submined and rccordecl as directed by the Dcpamncnt of Public Works. d shall be enforceable by the City. The CC&R's shall be reviewed and aleroved by The CC,~cR's shall be prepared at the developer's s01e cost and expense. The CC&R's shall be in the form and couteut approved by the Director of Plannine City Pn~ineer and the City Anomey, and shall include such provisions as are ~uired by this approval and as said officials deem uecessary to protect the interest of the City and its residcuts. The CC&.R's and Articles of Incorporation of the Ptolx,,ty 0wncr's Association are subject to the approval of Planning, Department of Public Works, and the City Attorney. They shall be rccorded concurrent with the final map. A recorded copy shall be provided to the City. Thc CC,&.R's shah provide for the e~ective establishment operation, s~r~n,a~r~m,rrac~c ,p 29 The CCZr~'s shall provide tim the p. olx~ty shall be developed, cpcnu~ and maintained so as not to crm~ a public n-i~nCC. The CC.&R's shall provide that if the pmpcaty is not maintained in the condition required by the CCd~R's, then the City, after making due dem~-d and giving reasonable notice, may enter the.piopczty and. lzrform, at the owner's sole expelBe, any mninRmmnCe z~lliz~,d ~ b~ th~ CCd~R's or the City OrdinsmCeS. The. p/olx, aty shah be Irabject to s fiefl in favor of the City to secure any such expense not promp~y reimbursed. 1. All parkways, open areas, 'onsite-slopes. and innrJsc~ing shall be permanemly maintained by the association or other means ~ble to .~~~2.~ City.' Stlah pipof of this msuintemsunce_ ~ be submitted to Planning the Depaztment of PubfiC Works prior to ism,~-ce Of building punnits. · ~pwcal access casements and maintenance agreements ensuring access " "all parcels and joint mnintemnnce of all roads drives Or parking areas be'p.-o~ by CC&R's or by deeds'and shall be recorded concurrent with the map, or prior to the iSS.nnce Of btl~ding permit where no map is involved. 50. The subdivider shall construct or post security and an agreement shall be executed -guaranteeing the construction of the following public improvements in conformance with appficable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street fights, signing-, striping, and other traffic control devices as ap~ropzlate. B. Storm drain facilities. Landscaping (street.parkway and slope protection). Sewer and domestic water systems.. 51. E. Undergrounding of proposed utility distribution lines if required. The street design and improvement concept of this project shah be coordinated with adjoining developments. 52. Street fights shall be provided along streets adjoining the subject site in accordance with the requirements Of OrdinsmCe No. 461 and as approved by the Depamnent of Pubtic 53. Prior to recordation of the final map, the deyeloper shah deposit with the Deparunent of · Pubtic 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 S~STAFPXPI'~/314TTM. pC 30 54. 55. 56. 57. 58. 59. 61. 62. 63. mitigation fee, he my enter into a written agreement with the City deferring said payment to the time of im,-,~. of a building permit Aft-street and driveway ctmcdi,,c int~om slnll be at 90 degrees or as spproved by the Depamnent of Public Works. hnlnevemes plans shall he based upon a ceutcdi~ profile e~te, u~inC a mlnlmUDl Of 300 feet beyond t!~ project bO. ndsrles at a grade and alignment as approved by the Department of Public Works. A minimum centerline street grade shall be 0.50 An driveways shah conform to the applicable City of Temecuh standards and shah be shown on the street improvement plans in accordance with City Standard 207A and 401 (curb sidewalk). The subdivider shah subnxit two ('2) prints of a co-.va~Jznsive grading plan to the Department of Public Works either prior to tec~ldallon of the final map or prior to grading permit. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally pwvided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. A geological report shall be ~ by a qualified engineer or geobgist and submitted as directed by the Deparunent of Public Works at the time of application for grading plan check. The subdivider shall submit two (2) copies of a soils report to the Deparunent of Public Works at the time of application for grading plan check. The report shall address the soils stability and geological conditions of the site. A drainage study shall be submiu~ to and approved by the Depamnent of Public Works. All drainage facilities shall be installed as required by the Departmm' of Public Works. On-site drainage facilities, located outside'of road right-of-way, shah be contained within drainage easements shown on the final map. A note shah be added to the final map stating "Drainage easements shah be kept free of buildings and obstruction." Adequate provisions shall be made for acceptance and disposal of surface drnin:!Ee entering the protnly from adjacent areas. ' The subdivider shall protea downsUeam pwpcaties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shah be pwvided by constructing adequate drainage facilities, including enlnrging existing facilities or by securing a drainage easement. The developer shall record an Environmental Constraint Sheet de-line~utlng the area within the lO0--year floodplain. ' ' S~rrAI~I4TrM.InC 31 Prior to final map, tie subdivider shaH' notify tie City's CATV Franchises of the Intent to Develop. Conduit shah be installed to CATV' Staa(Jazds It time of street in?.provementso PRIOR TO ISSUANCB OF GRADING PERMITS: 67. 68. Prior to i.Q~mnce of a ~ pe331~ d~oper must comply with the requirements of the National. Pollutant Disc~ mimi,mt~m System (NPDHS) permit from the State Water l~sources Control Board. No Fadi~c shan. be .p~fmiU~ until a I~PDHS clearance 69. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Depamnent of Public Works. 70. A grading permit shall be obtained froan the Department of Public Works prior commencement of any grading outside of tlz City-mnlnu, lned road right-of-way. 7'1. No grading shah taiz place prior to all related improvement plans being substantially complete, appropriate clearance lette~ have been obtained, and approval of the grading plan has been granted by the Department of Public works. 72. If grading is to take place between the months of ~ and April inclusive, erosion control and runoff mitigation plans will be requited. All plans shall be submitted with appropriate notes as directed and approved by the Department of Public Works. 73. Prior to any grading permits being issued a flood mitigation charge shall be paid. The charge shah equal the prmmiling Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District and proof of payment must be submitted to the City prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this pfopc~ty, no new charge needs to be paid. A permit from the County Flood Control Distria is r~qu~ircd' for work within their right- of~way. ' · · PRIOR TO BUrr-r~ING PERMrF: 74, 75. A precise grading plan shall be sub~___~ to the Department of Public Works for review and approval prior to the developtnent of any parcel. The building pad shall be certify! by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils P, cpon addressing compaction and site conditions. Grading of the subject property shah be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformante with the approved rough grading plan. swr^Fn.~.~m.pc n* 32 76. ulxm te p. opc, iy or project, inc],uting ilm for Usffic and public faciiiiy miiigalion as re~.uired under ~he EIR/Ne~Xive Declar~on for time projecL The fee'~o be paid shall be-in te amoum in effec~ sX/e lime of payment of tlz fee. If an inierim or final public facility mifil~6on fee or diraici has not been finally established by the dale on which shall ~xet~e az A~.xmaz~ fur lmymms of Publk Faciliiy fee, a copy of which has been provided Io d~'velctmer. Com~, wit eset-mi,!g this A/rmemeni, developer shall pos~ securily io secure. psymms of it~ Public Faciliiy fee.. The mount of lhe security s~s, be $2.00 per '.square foo~, mX Io eucceed $10,000. Devel~ undermXuds ~ sai'd Agreement may require the payment of fees in excess of those now estimated (assuming developer will waive any fight to .promst the provisions of this Condition, of this Agreement, the formation of any uaifxc impact fee district, or the process, levy, or collection of any traffic mitip"on or.URic impact fee for this project; provided that developer is not waiving its right ~o protest the xmmsonabbmess of any traffic impact fee, and the mount thereof. PRIOR TO ISSUANCE OF CI~IlFICATES OF OCCUPANCY: Construct full street improvements including but not iimitn4 tO, curb and gutter, A.C. pavement, sidewalk, drive appxuaches, parkway trees and street lights on all interior public streets. 78. Existing city roads requiring construction shall remain Open to traffic at all times with adequate detoun during construction. Traffic control plans shah be Ixovided as directed by the Department of Public Works, and may be required to be prepared by a registered Civil Engineer. TranSportation ~-r~Fineering PRIOR TO RECORDAT/ON OF THE FINAL MAP: 79. A'siguing and striping plan shah be designed by aregistered Civil Eugineer and approved by the Department of Public Works for Pauba Road and Rancho Vista Road and shall be included in the street improvement plans. 80. Prior to designing any of th~ above plans, conuU Transpon~on Engineering for the design requirements. 81. Bus bays wffi be provided at all existing and firmre bus stops as determined by the Depamnent of Public Works.. swr~,evM. w: ~ 33 PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PER,MITS: 82. · a:/d approved by the City ~,~L, ineer for any street closure and demur or other disruption to traffic circulation as mluired by the Det}mmxent of Public Works. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 83, All signing and striping shall be instnned per the approve! signing and striping plan,. 84. Landscaping shall be' limitai in the .cOrner cut-off area of all ~ons and adjacent to driveways to provide for minimum sight di-~nnC~. July 1, 1992 COUNTY OF R]VERS]DE HEALTH SERVICES AGENCY 9851 Magrsta * RSverside, CA 92503 {714) ~58-7808 CITY OF TEMECULA 43174 BuSiness Park' Drive Temecula, CA 92590 ATTN.- Saied Naaseha RE; TENTATIVE TRACT NAP NO. 27314z BEING A PORTION OF THE RANCHO ;b--~UI.A, ASSRANTED BY U.S. 80Vr~,IJ~ICNTTO LUIS VIBNES BY PATENT DATED 1-18-19b0, AS SHOWN BY LZBER 19 PASE 37, RECORDS OF ~tN DIEGO COUNTY, AN PARCELS 1,29&3 OF PARCELl ~ B3/97-100 RECORD8 OF RIVERSIDE COUNTY, LOCATED IN THE CITY OF TEMECULA, CALZFDRNIA, (4 LOTS) Dear Gentlemen: .The Department ~ Environmental Health has reviewed Tentative Tract Map No. 27314 and recommends: A water system shall be installed according to plans and · sPecifications as approved by the water company and the · Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch-equals 200 feet, along with the original drawing to the County Surveyor. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the.size of the mai. n at the junction.of the new system to the existi.ng system. The .plan.s. shallcomply in al'l respects with Div. 5, Part 1, Chapter ? of the California Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and General Order No. 10~ of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in Tract Map 27314 is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such Tract Map." C714) 351-50~1 City of Temecul a Page Two A. ttn: Saied Naaseh ~ul y 1, 1992 Th£s certification.does not Constitute a guarantee thlt it wi. ll supply water to such TraCt Map at any specific. quantities, flows Dr pressures for fire protection or any other purpose".- This certification shall be signed by a responsible official o~ the water company. The plans must be submitted to The County Surveyor's O~fice to review at least two weeks prior to the reouest for the recordation o+ the final maD, This subdivision has a statement from Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for financial arrangements to be made prior to the recordation of the final map. This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the County Surveyor and the Health Department. Permanent prints of the plans of the sewer system shall be submitted. in triplicate, al6ng with the original drawing, to the County Surveyor. The prints shall show the internal pipe diameter, specifications and the size of the sewers at the junction of the new system to.the existing system. -A single plat indicating location of Sewer lines and water lines shall be a portion of'the sewage .plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the +oilowing certification: "I certify that the design of the.sewer system in Tract Map No. 27314 is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tract Map." City o~ Temecu] a Page Three A.~tn: Sai ed Naaseh July 1, 1992 The D]anS must. be submitted ta the County Survevor's Office to review atl.east t~ weeks nrior to the reouest ~or the- retardation o~.the ~tnal maD. It will be necessary ~er ~inancial arrangements to be completely ~inallzed prior to recordation o~ the final map. It will b~ necessary ~or the annexation proceedings to be completely ~inalized prior to the recordation o~ the ~inal map. .Sincerely, m/ Martznez, .H.S. IV Department o-F Environmental Health SM:dr GLENJ. FIRE RIVERSIDE COUNTY FIRE DEPARTMENT 2IOWF--STSAN~AVENUEopERRI$,~~~ (714) 657-3~3 MAY 4 :. 1992 TO; CITY OF TEMECULA ATTEN~ PLANNING DEPARTMENT RE: TENTATIVE TRACT 27314 CHANGE OF ZONE No. 21 AMENDED No.I With respect to the review and/or approval of the .above refer- enced project, the Fire Department has no comments or conditions regarding the tract map and will address all necessary Fire Protection measures when the plot plan or project developement plan is reviewed. All questions regarding the meaning of conditions shall be re- ferred to the Planning and Engineering Staff. RAYMOND H. REGIS Chief Fire Department Planner by ~/~ Michael E. Gray, Fire Captain Specialist ~INDIOOFIkl(], 79-733 Couna.'r Ckb Drlv~Suie F. lndio, CA r2201 (619) 3424886 · FAX (61~) .5.2072 PLANNING DIVISION 3760 12eh Saett, Ri~CA Y/~OI ('714) 2754777 · FAX (714) ..t69.7451 R~C[IV~D c"~"~'~-c~,''' --- 1992 :--.,~ 13 1992 (Da~e) RIverside County Health Department c/o Albert A. Wbb Associates 3788 NcCray Street R~verslde, CA 9z506 - 'Gentlemen:. · ~k,,a,l~ e ~, m'&lele A/iiO~IAT[", ,.., Availability of $anttary Seer Service for Tentative Parcel Nap 273:I4 Re: k/e hereby advtse ;you relathe ~o the availability of santtary seer service for the above referenced proposed development as follows: The property to be occupied by the subject proposed development: Z5 PRESERTT. Y LOCATig) w~thln the boundary lines of thts Dtsl;rict's /'X~ ~mprovement Dlstr~c~ No. U-8 and Is e119161e to recetve sanitary seer servtce, ' ~ NUST BE ANNEXED. to th~s Otstrtct's Zmprovement Dtstrtct No. 'fo]lo~ng wii{ch tt w111 be e1191ble to receive santtary seer IIrvt ce, /'"7 .liST BE ZNCLUDED tn a new Dlstr~ct Improvement d~strtct, assess-"' -- merit dtStr~Ct or other program to be formed and Implemented for. the Purpose of providing santtary sewer facilities and service for the general area wtthtn which th~s proposed development ts located, following which tt w~71 be eltgtble ~o recetve sanitary seer $erv~ cet Provided: The developer. completes all necessary-ffnanc.lal 'and other 2) 2) That no LZIIFTTNG CONDZTZONS extst wh(ch ARE B~TgND thts DZSTRZCT'S CONTROL or C/Olllui ~sl: CObl i:PPcCIIVELT and/or reasonabl satlsfi Zf you have any questions or comments regarding ~he foregoing, do not hesitate to contact thts off(ca, Assistant Dfrector of Customer Servfce z~:il %: p,.~ Office Fk~ R.~O0 . San.Ira:into. C, liforni: 92~R I-14.100 · Telephone ~71~ 925-76T(~. F=x ~71.h 929432~? ~('Jin Ofi~&~: .'DIS .~. ~n)m~nm .qffeef. ~n.lac'imn · Customer .%~'ic~'E~ineerini t~nnec 140 F. Qa'idand Avenue. Hornet. Names and Addresses of Znvolved Part4es: Involvement Name Owner of Property L~nfteld School Address 31950 Pauba Road Teeer~la, CA 92590 -Developer .1. Developer's Eng~aeer Albert 'A. i/ebb Assoc. RIvet-side. CA Generel Locatton of the tnvolved property: North std~ of Pauba Rnael. B~ief legal des=rtptton of the ~nvolved property: Tentative Par~l ma ?7.q14 Area 96.1 (in acres) Number of proposed lots/parCels 4 Parcels Estimated number of delllng units (or equivalent) Other pertinent informatIOn Zoned Sentor CSttzen. Conv, le~cent Small scale map of the subject proposed development I~..,'d .f ]-hn,ctor~. (',rob/F. Ko Ralph H. Daily ~aney K. HuMh~ Je~y L Mink~ ~ D. Pele~n Hieha~ I). Nte~ey John F. ~. P. '~oh" [~mon~ Kenneth ('. I~ty Pe.~- R. ~uck MrCormWk. Kidman & Hehren~ Mr. Saied Naas~h City of Temecuh' Plnnnhlg Dcparllllellt 43180 Businert Park Drive Temecula, CA 92390 Water Avm'iability Tentative Tract Map 27314 Change of Zone 21 Dear Mr. Naa~eh: 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 ava~nbflity 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. Senga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P. E. Manager of Development Engineering 51:aJ16?.IF186 co: Sengn Doherty, Engineering Technician Itmneho Callfertile Water DMtrit, t . 2~nl~l Ih;,, ]~,NJi| . |'--t ()fih~- |J.x .~NII7 * Te.mmihl. ('alifiifllia !r'.,rKq~llOI7 · ,714,GTei-IlOl · FAX t714s676-1~1.:i March 2, 1992 RIVERS/DE TRANSIT AGENCY 1825 THIRD STRET, llVB:BE)E. CA 925073484, BUS. 1'714) 884-0850 FAX [714] 684-1007 Saled Naaseh Pinning Departmen~ 48174 Business Park Drive Temeoula, CA 92590 RE: Tr 27314 Dear Saisd: We do not currently Wovlde em4ce to the site mentione above but based on the size of the project ancl our own plans forfuture gRxeth, we m requesting that a bus tumout ora pad for a ~ Ideal site for the bus turnout wou:d be on northside mr of Pauba Road adjacent to Parcel 3 just before main entrance to the senior citizen housing. If possible, we would also like to request that pedestrian wa!kwaim and wheelchair curb be pmvidad near the turnout location specified above. I can indicate the exact location for the turnout as the project progresses. Thank you for the opportunity to review and comment on this project. Your efforts to keep us updated on the status of this request will be very much appreciated. Please let us know when this project will be completed. Should you require additional inlorrnmion or spedrr, alions, plea don't hesitate to contact me. Sincerely, .. Barbara A. Bray Transit Planner SS~sc PDEV #151 TO: FROM: DATE: REFERENCE: SltAWN ~ -~ON DII~,CTOR OF COMMUN1T~ AUGUST 12, 1~)2 TENTA~ TRACT NO. 27J14, AMRNDJ,mNT NO.2 set forth in the City of Tem~,~,, Condi~ohs.of Appmva~ and reco."i-ends APPROVAL of Tentative Tract Map No. 27314, Amendment No. 2, subject to the developer or his assignee conforming to the TCSD Quimby Ordinance No: 4150.93 as attached. All questions regarding the mpning of the nt~ched conditions shall be referred to the TCSD. Beryl Yuino q, Debbie Ubnosk~ TEMEC LA COMM rrn' S mWCES msT cr Prior to the recordafion Of the final map, the applicant or his assignee, shall offer for dedication 2.3 acres of parkland and execute a Letmr of Agreement with the TCSD, to construct a Senior Center Facility and required parking in accordance with City Standards and the Development Agreement. All proposed slopes, open space, and parkhnd 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 propo~ TCSD maintenance areas. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of or greater), shall be offered for decli~tlon 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). ATTACI~VH~FF NO. 4 ~l'I~ · CITY OF TEMECULA L V"l~ INITY CASE NO.: Development Agreement No. 92-1, Change of Zone No~ 21, Teamfive Parcel Map No. 27314, Amendment No. 2 ' ExHmrr: A VICINITY MAP P.C. DATE: August 3, 1992 CrrYOFTEMECULA SWAP - Exhibit B l · I ZONING - Exhibit C l)*~.o.on: R-R Case No.: Development Agreement No. 92-1, Change of Zone No. 21, Temative Parcel Map No. 27314, Amendment No. 2 P.C. Date: August 3, 1992 S~'T~I4TTM, pC CITY OF TEMECULA / / / / CASE NO.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 EX~rB~T: D CONCEPTUAL SITE PLAN P.C. DATE: August 3, 1992 · CITY OF TEMECULA r-,ENEIML 'NOTES CASE NO,: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 EXHIBrr: E TENTATIVE PARCEL MAP NO. 27314, AMEND. NO. 2 'P.C. DATE: August 3, 1992 CITY OF TEMECULA GENERAL NOTES / /~"7" CASE NO.: Development Agreemat No. 92-1, Change of Zone'No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 EXHIRIT: F ' P.C. DATE: August 3, 1992 s~'T~14'r'rMJ~c CHANGE OF ZONE NO. 21 CITY OF TEMECULA Independant Living Unit8 Linfieid Village CASE NO.: Devdopment Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 Exm~rr: G1 CONCEPTUAI~ ELEVATIONS 'P.C. DATE:.-August 3, 1992 CITY OF TEMECULA Congragate Care Facilities Linfield Village CASE NO.: Development Agreement No. 92-1, C~-,,ge of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 EXHm~: G2 CONCEPTUAI~ ELEVATIONS · P.C. DATE: August 3, 1992 S~rAPPRPIM7314TTM.pC yaw CITY OF TEMECULA Independant Living Units Linfield Village ~Fenieculla, CASE NO.: Development AFeenent No. 92-1, Chm, f,e of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 o EXHIBIT: G3 CONCE~AL ELEVATIONS ~ - P.c. DATE: August 3, 1992 -_.___ ATTA~ NO. S INITIAL ENV[RO~AL STUDY swr~nx~rra~c ,p 36 crrY OF TEMECULA PLANNING DEPARTMENT INITIAL i2~'IRONM!~'TAL fflI1DY H · BACKGROUND Name of Proponent: Number of Proporator: 31~j0 Psnba'Road T~fls. CA 9.~92 3. Dine of Envirozm~ml~ Assessment: J.m~-?0. 1~2 CFFY OF ~CUI .& 5. Name of Proposal, if applicable: 6. Location of Proposal: N/A S. wro~mdsd by Panba Road ro ltae south and Rancho Vi~ Road m ~ nnt~ and. 700 feet east of Msrprita Road ENVIO~AL IMPACTS (Explanations of all answers are provided on allached sheets.). 1. Earth. wnl the proposal resuh in: Yes Nay. t No -b.. Unstable earth c~nditiom or in changes in geologic substrunnnss? D ru iom cornpat- lion or overcoverin~ of ~he soil? Substantial change in topography or ground_ sin'face relief features? The destruction, wvering or modi- fication o~ any unique geologic or physical features? X X swrApm,n~a4rn4.pc ,p 37 Any substantial increase in wind or whey_ erosion of mils, either on or off sire? of beach ssnds, ordmges in v~,~tm, deposition or erosion which may mod~y the 'dznnel of a. river or stream or the'bed of the '. ocean or any bay, inlet or lake? Exposure of people or propmy to geologic b---his such as earth quakes, landslides, windSlideS, ground failure, orsimilarhazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air qu fl. The creation of objectionable ' odon? Alteration of air movement, moisture, or t~,supcntore, or any change in cllmn~__-, whether locally or re2iona!ly? Water. Will the proposal result in: Substantial changes in currents, or" the come or direction of water. movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage p_~____-~m, or ~he rate ncl amount of surface runoff?. Alterations to the come or flow of flood waters? Change in the amount of surface water in any water body?. X M.y_b No X _ X _ X _ X X _ X swr~.m, ruTs~,rra~c v, 38 he Dischsr~e iso surfzce wsers, or in any altersion of surfu wsua qu ity, iuc udinS, but nmi to, w,,qu~ dissolved oxyZea orturbidizy? Altmlianofibedireaionorrse of flow of 2round wsers? . wmm, either throu~ direct sddi- ~ons or withdrawsIs, or timraSh isac~,ptio. n of an squifer by cuts or exsmvZiom? Substmzial reduction in ~ amounx of w~_~ otherwise nsilsble for public wazer supplies? Exposure of people or property to water relsed huards such ms flood- ins or tidal waves? Phnt Life. Will th~ proposal result in: de ChsnZe in the diversity of species, or number of my rimire species of ~rmss, crops, rand mqufic plms)? Reduction of the numbers of any uaique~ rare, Or endangered 'species of plhnts? .. Introduction of new species of plants inw an area of native vegetation, or in a barrier to the normal replenlshme~t of existing species? Subsuunial reduction in acreaZe of any sZriculmral crop? Maybe X X X s~An, z~z,rm.~ ,v,, 39 10. AnimalLife, Willthepropoulrmult in: a. or numbers of say species of msimais (birds, land animals inch,dinf rep- tiles, fish sad ,h4l~,~ bmhh: · ozT_~mien-t or imeca~ of animals? Der~rioranon ~o exi~i~ rmh or wildlife habitat? Noise. Wi/l the propoul result in: a. Increases in existing noise levels? F-xpmtwe of people m ~ mi~ levels? Light snd Clare. Will the proposal produce substantial new light or Slare? 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- m~w~le nmm~l resource? Risk of Upset. W~l 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 evm of an accident or upset conditions? X X X X swt~s47tu.x,c vsw 40 11. 12. 13. 14. Possible ~f~re~:e with m emer$- ency response plan ~ ~on pl~? Popuhfion. W'ffi the proposal growth rse of the human populslon of existing housing or cx~te s deuand for additional housing? Trazspomfioa/C~oa. Will the proposal result in: Effects on existing psrking radii- ties, or demand for new parking?. Subslm~tial im,nSa upon existing transporUstion sysunns? Alterations w preses~ pmxerns of circulation or movement of people sad/or goods? Alterations to wnt__s!t)onle, rail or air traffic? Increase in traffic hazards W moWr vehicles; biCyclisls or 'pedestriaus? Public Services. Will the proposal have substantial effea upon, or result in a need for new or altered govemmemal services in stay of the following mess: a. Fire protection? b. Police protection? Schools? Parks or other recreational facilities? X X _ X _ X swr~~4rm.l,c ,=,, 41 15. 16. '17. 18. Msln~,.~ce of public facilities, includinZ rosds? Xmra. WmSe'Proposdresultin: a. Use of s~tbst.ntisl mnounm of fuel - or enerZy? be Subsumtial inchrose in dinhand uponexisth sourcasoranetS , or require the development of new Ultlities. Will the proposal result in a need for new systmm, or subs-m.-a alterafiom to the following utilities: a. Power or natural gas? b. COmmnniC~tiOnS sysl~in~? c. Wster~ d. Sewer or septic tanks? e. Storm waxer drainaSe? f- Solid waste and disposal? Human Health. Will .the proposal result. in: be Creation of any health hazard or potential health hazard (excluding mental health)? Exposure of people to potmial health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? X X X X X X X X X s~sT~su, na~z4~n~,c vsv 42 19. 21. of e0dsting rmmional oppommities? Will the propossl result in the satmarion of or the desmuaign. · of a prehi~ric or historic archaeological site? ' WHl the proposal result in sdvene physical or sesdsetic effects to a prehistoric or historic building, sttucn~, or object?. Does the proposal have the potaxtial to cause a physical chang~ which would affect unique ethnic cultural values? Will the proposal restrict existing . religious or sacred uses within the potential impsct area? Mandatory Fmdinp 'of Significance. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wadlife species~ cause a fish or wildlife population to drop below self sustaining levels, threaten to - e]iminst~_ a plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have the potential to schieve short-term, to the disadvantage of long-term, environ- mental goals? (A short-r~rm 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 -- X _ X _ X _ X _ X Does the project have impacts which are iadividu~y limis2, b~s cumu- lsdvely considerable? (A project's im~,sct on two or more sepsrare but where tbe effect of the totsd of flmse ixnpsm on th~ ~n~o.~.~ is Does the project hav~ ~uviromum~ df~Zs which will caase subsum- tiai sdven~ eftera on lmman baings, either dim:tly or indirectly? ~esMa~¢No X X m DIS~ON OF THE .ENVIRONMENTAL EVALUATION 1.a. l.b. 1 .c.d. I.e. 1.f. 1.g. 2.b. No. The proposed project is not anticipated to came changes in geologic submzutmn~ and erem unstable earth conditiom. 'Since this approval does not provide entitlemenu for structures, ao .mitigSion mmsurm ar~ m,t'e~,-,y st this point. However, the Public Works Dcl~ is re.s~o. sible for impl~-,~-.ltlon of ,~esssry mitigation measures prior to issuance of grading permits to insure stable earth conditions for the project.' Yes. ~ae spproval of this project will not csuse disruptions, displscements, compaction or overcov~mg of ths soil. 'Ins ul~m,,~ dsvelopment of this site will eventually cause these conditiom. 'However, these eonditlom w~l not mm a substantial impact on the environment as no substantial changes in topography are neeespry. No. The project aim does not comin uniq~ geologic or physical features as determined by a site impection. Thersfors, no subs,-,~-: changes in topography or Found surface relief features will result. There is no substantial environmemal impact. Maybe. The ultinu~ bu~dout of the projut may result in wind and water erosion of soils as a result of g~ading. However, standard mitigation measures during the grading stage including watering the dinrbed arm to prevent dust and proper erosion control during and afmr the grading will reduce the impam to a level of insignificance. No. The sire drainage for this projest will be channeled through existing improvements and the runoff from thl; project is not anticipsed to cause any offaim erosion. No significant impam are auticipmst. No. The project sire is not located in an earthquake, landslide, mudslide, ground failure hazard zones as determined in the Soutwest Area Plsn (SWAP). No significant impacts are anticip~. No..Tlie construction equipment associated with the construction of the project and the' traffic generated by the ultimate residents. and user's of the project are the major contributors to air emissions. However, these impacts are not considered significant since the construction is for. a ]imi~Mt time Only and the traffic gellerated from a se~liof housing project is not significant. No. Objectionable odors are usually'associated with commercial and industrial uses. Since this-project is exclusively residential in nature there are no significant impacts. S~$T~I4TTM.pC vgw 2.c. Water 3.b. 3.c. 3.d. 3.h. 3.i. No. Due to the size of the project site and its location within the South Coast Air Basin, the alteration of air movements, moistttre or teanp~ature, or any change in climate would not occur in conjtmetion with the ulri,,~r~ development of the proposed project. No si~ulficant impam are anticipated. No. The ultimge developram of ~be proposed project will not result in increased storm w~ flows h any mar~ or fresh watsn. No signifitmnt ixntm:ts are anticipher. Yes. By covering the pwjea site with concrete, asphalt and landscaping, the absorption ra2 of the site under endsting conditiom would be reduced and the amount of surface run_off would be increased. The exiting 120 inch storm drain is sufficient to carry this Maybe. The ultinute buildout of the project will result in construction of dwelling units in the flood plain. The pads for these dwellings will be elevated above the flood plain. No significant impam ars ,-,",~ipsed to ts course or flow of flood waters. No, The construction of impervious surfaces on the project site will not substantially alter the existing drainage patterm nor proposed drainage pstn:_~.ns becaUe of the size and locationof the project. No significant impacts are anticipated. No. Stormwater-runoff and possibly irrigation runoff from the proposed projea would ultimately flow into the Santo Margarita River. Runoff pollutants will be typical of those of urbanized are, as, including motor oil, pestleida, herbicides and fertilizen. This im,naa will be mitigamd by the clearance issued by the State Water Resources Comrol Board. This clearance will insure compliance with the National Pollutant Discharge Elimi_nation System (NPDES). No significant impam are anticipated. No. The runoff from the'projea is conveyed to' Murrieta and Temec,,!a Creeks which flow inw the Santa Margarita River. 'Both Murrieta and Temec~,ia Creeks and the Santa Margarita River recharge the ground water in the Murrieta-Temecula basin. The runoff from this project is not antiCipn_t__,_~d_ to change the direction or rate of flow of ground waters. No significant impacts. are anticipated. No. The project site is within Rancho Water District and will not draw from the ground water for their everyday use. Therefore, no significant impam are anticipated. No. Rancho Water District has indicated the availability of Water to serve this project. Therefore, there is no potential for substantial reduction in the availability of water. No. significant impam are anticipated. Maybe. A portion of the project 'site is within the flood plain. However, the project will be condifioned to construct the dwelling units above the flood plain limit per the FEMA standards which will mitigate any impam to people and property from water related hazards such as flooding. No significant impam are anticipated. S~STAFFRF~ZB!4TTM,pC vgw Plant Life 4.a.c. 4.b.c. Aninud lJfe 5.a. 5.b. 5.c, NoiSe 6.a. 6.b. Yes, The Biological ,~-~,~ prepared for the projea site determined existence of Non-U.S. waters wetland on the si~. The project is co~itlcmod for preserving this wetland by requiring a flay (5o) foot e-_~,,-~ on e-~ side of the wetlands thereby preserving the we~iands which will be hgoq~oro_!,_,J into the design of the golf course. The proj~:t in gmzral will introdu~ a~w species of plsms and will e]iminnt_~ the native plants present at this tht~. However, none of the existing species are considered No, The proposed project will not retlnee the nmnlmrs of'any unique, rare, or endangered species of plants as determined by the Biological Assessment.. The projea site is not presently being used for agricultural purposes; therefore, no significant impacts are anticipated. Pdaybe, The II~dmntm- dfvglopn!~nt of the ll~ B!ay dimlnmm ~OID~ of the native nnimnls on the site however, some may survive in an urban environrant. The only additions to the animal life are expected to be household pets. The in~,act of this development is not considered significant for this category. No, The biological study recommended a focused K-Rat survey which identified no Steveo's Kangaroo Rats on the site. No other smsitive or endangered species were identified on the' site by time biological study. Therefore, no significant impacts are anticipated. No. Since there is no significant habitat for any sensitive species other than the wetland there is no si_~,nificunt impact. The wetlands will be protr, zd .by two fifty (50) foot easements and will be incorpor~___od_ into the design of the golf course. No, The ultimate development of the site will not significanfiy increase the existing noise levels. The.short term impacts are associated with the construction of the project and the · long term impacts will mostly result from the tnffic genern_!~ by. this projea. Due te the size and location of this project these impacts are not considered significant. Maybe, The proposed project abuts an existing high school stadium. The noise generated from this stadium is expected to impact at least a portion of the senior housing project. Since the exact lcr, ation and type of the dwelling units is not known at this time, a detailed noise study will be required tO mitigate the impacts of the stadium noise on this project. The mitigntion measures may include building orientation, design features, landscaping, etc. No significant impacts are anticipated. S~STAFF3tF/'~i314TTM, pC qw 47 141,ht and Glare No. The project will not result in a significant increase in the light and glare of the area. Furthermore, the project will be eonditioned to comply with Mr. Palomar lighting requlrmms. All lights will be conditioned m be diretrod on site, therefore, reducing the impact on the mighboring propatios m a level of imiSni~cance. The light and glare prodm~ from the high school stadimn will impaa this project which has been conditioned to deal wigs this imr,sX. The wnditions will be enforced at the plot plan stage and' inciude building ~, tmilding design, setb~, etc. .land Use Yes. This project includes a zone change from R-R to R-3. The R-R zoning designation . permits low density single family development with minimnm ,5 acre lob and a variety ~dc~=mer~iai ,m. es. The R-3 zonin_a desip,,tion will create high density senior homing supporting uses which will be dicxged by the 'Development Agreement. This change will not result in a signifiesat ~ because of the low impaa nature of senior housing. ' Natural Resources 9.a.b. No. Imple, n~tation of the proposed project would increase the rate of consumption of both renewable and nonrenewable nemral resources during consmuxion and project operation. Natural resources consumed during construction would be aggregate materials, timber, and energy resources for on-site' consu'uaion equipme~ and for transport vehicles which would bring supplies to the site. At build out, energy resources required during project operation would include gasoline, nann'al gas for heating and cooling, electricity for lighting, and al~liances. As all of these resources are readily available commercially, the proposed project would not have a significant 'impact on natural .resources. Risk of Upset ,lO.a. lO.b. No. The proposed project is residential in nature and it is' not expected to house any material with the potential for an explosion or the release of hazardous substance. The gasoline in the tanks of the residentS' and the visitors' cars and the pesticicles used for maintenance of the landscaping are not expected to create significant impacts. No. The proposed project will be reviewed by the Fire D~Eunm at the Plot Plan stage; therefore, all response time and emergency vehicle turnarounds will be examined at that stage. No significant impacts are anticipated. S~T~I4TTM.pC vgw 48 Population ll.a. No. The ultim~_e- build out of the project will increase the senior citizen population in the project vicinity. This increase could be in the form of out of town residents moving into the city, relocation of Temoa, la residents in the area or a combination of the two. This impact is not expeaed m be significant. Housinf 12. Yes. This project will have a positivs impact on the housing in:the region since it will provide additional homing for senior citizens. No nerve significant impact is anticipated. . Trsnq}ortatio~/Cireslsfion 13.a.c. ~3 .b. 13.d. 13 .f. Maybe. The project will generate appto~,;~tMe~y 1,610 dally vehicle trips, 130 of which are expected to occur during the evening peak hour. According to the traffic study, the major intmecliom impacted by this project will operate. at Level of Service C or better. No significant impam are anticipated since mitiga~n measures have been incorporated into the project. These miti_~syion measures include improving Pauba Road and Rancho Vista Road bordering the project to their ultimate half-section widths as secondary highways (88 feet right-of-way) in conjunction with development. A painted median with left turn pockets will. be provided for tratTw on Rancho Vim Road and on Pauba Road desiring to turn left into the project entrances. The project will be required to participate in the future construction of off-site capital improvehams through established procedures. No. The project will not treat, additional dmamd on e=dsting parking facilities since the proper number of parking spaces will be provided for the size as required by Ordinance No. 348. Therefore, no significant impacts are anticipated. No. The development of this project will not cause any alt~/~jons to present pauerns of circulation or movemint of people and/or goods since the major roads are already established in the vicinity of the project. Therefore, no significant impacts are anticipated. No. This project w~l not cause .alt~aiions to 'waiterborne, rail or air traffic due to the nature of the project, its geographic location, and local uanspom~on system. Therefore, no significant impacts are anticipated. Maybe. Projea-related traffic could create new traffic hazards to motor vehicles, bicyciists, and pedestrians, both on and off the project size. Points of conflict would be created as a result of additional poims of ingress and egress along Panba Road and Rancho Vista Road. -Internal. circulation patterns could also result in potential hszards to pedestrians. S~TAFFRFI'~I4TrId.pC v~p 49 The following measures need to be incorporated into the project design to reduce the impacts of the project to an insignificant level: The gate for the propreed senior housing should be setback from the Right-of- .Way to allow ftw proper star, king of ears behind the gate, Vehicular and pedestrian entri~ ID ti~ projea should be clearly identifiable to visimn throuSh the use of siSnage, hardscapin~ and · Circulation within the silt. should be designed to minimi,e coilflit'Is .between · autOmobiles and psiestrins. · A pedestr~ friendly tiesip needs to be incorporated into the projea design providing adequa~ pedeswian circulation. Aweat paving, crosswalks, landscaped walkways and adequate lighting should be used to identify and ew~hnnt'e. perlestriCt wa!i~. · Public Sewices 'Considersion should be given to providing safe pedeswian access through parting areas and fi'om the public street walkways to building entrances. 14.a. 14.b. 14.c. No, Mitigation fee of $400.00 dollan for each unit will be collected to mitigate the impacts of this ~lopment on Fire Service, The Fire Department will review the Plot Plan for this projea in insure adequate senrico. No significant impacts are anticlp,_.t~. No, The City of Te, necola is contracting litrough the Riverside County Sheriff's Department for law eatforccataent services. This contract provides for thirty-one sworn officers and seven non-sworn riBten. Additional services are. provided to the City through various divisions within the Sheriffs Department. The average respouse time for priority one calls is 6.5 minutes and according to the Sheriffs Department this response time is well within industry standards for adequate service levels. The City intends tO msuintnin a ratio of 1 officer per 1,000 residents. No significant impacts are anticipated. No, -The proposed projea is .an .exclusively senior housing project. No school aged children are anticipated to be gener_.~__ from this projea. No significant impacts are anticipated. 14.d. 14.e. No, The proposed project will include a private golf course and other active amenities. A senior center might also be a part of this project which will create new activities for the residema. No significant impacts a~e anticipated. No, The project will cause increased traffic on city streets; however, this is not considered a significant impact (refer to No. 13). SXSTAFFRFI'~73147'I-M. pC: v~w 5O 14.f. Maybe. 'The 'future project residents will be using governmental services such as libraries; however, a $100.00 per dwelling unit mitigation fee imposed on this project will mitigate the iml,act. No significant impau:ts are anticipated. 15.a.b. Utilities be consuming energy resources. At buildout, energy resources would be required during project operation, such as gasoline, natural gas and ele~ttlcit~. However, the p.~sed project .would not resttit ill the rise Of SlVbSrantial alliOU~ of fuel or energy which are. commercially abundant. No si~ impacts are anticipated. 16.a.b.c. d.e.f. No. All the utilities and services are willfin close pfoxlmity to the project site and will be extended to the project sits with ag,,~,laMs betwere the developer and the individual Human Health 17.a.b. Aesthetics No, The nature of the proposed uses permitted on the project site is not such that they would create potential health hazards. No significant impacts are anticipated. 18. Recreation 19, Maybe, The project will go through further review in terms of architecture and landscaping when a Plot Plan application is filed. All aesthetics issues will be dealt with at that stage. At that time close attention shall be given to the impacts, ff any, to the existing single family dwellings to the north of the projea site and the existing schools on the west and east of the site. No significant im,nacts are anticipated. Yes, The proposed project will include a private golf course and other active anmities. A senior center may also be a pan of this project which will create new activities for the residents. These impacts are considered positive and will not cause si~ificant ne4ative impacts. Cultural Resources 20.a.b.c.d. No, The proposed project will not have a signifw, am impact on prehistoric or historic cultural resources according to the Univenity of California Eastern Information Center. This conclusion was. made upon completion of a Phase I study. A condition will be imposed on the projea to have a qualified archaeologist present at the time of grading as required by the F. astvn Information Center. $XST~I4TTM.pC ~ 51 !~VIRO~~ D~.MINAT/ON On the basis of this ~ evaluation: I find that the proposed project COUI~ NOT have a significant effect on the envlromumt, and a NEGATIVE DECLARATION will be I find that although the proposed ptojea could have a signi- fica~ effe~ on the envi, ouu~dt, there wiil not be asigni- ticant effect on this ease because tim mltigs6on u~sut~s described on aUached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION .WILL BE PREPAIsle. I find the proposed project MAY hsvs a signifim~'sffs:t on the environment, and an ENVIRONMENTAL IMPACT P-BlURT is required. June 25 L 1992 Date X For CITY OF T!:~-M'~-CUI-A S~'eT~!4TTM. PC . 52 ATTA~ NO. 6 DEV~OPS~'~r 53 RECORDED AT THE ~EQUEST OF City Clerk City of Temecula WHEN RECORDED RETURNTO City Clerk City of Temecula 43174 Business Park Drive Temecula, CA 92590 RECEIVED JUL 3 O 1992 A~'d ............ DEV~LOPIIIIITAGilaEMENT CITY OF tEllZ~ and THE LZNFZELD scHooL '4.5 (7r27/92) Mib?,XATZON MID DEVBLOPM:BX? AGRB~q.Efi, Ba;~L'w,,:r,,d CZTY OF T~4:BCULA TKB LZXIFZBLD BaliOOL This Development ("Agreement.) is entered into to be effective on the date it is recorded with the Riverside County Recorder (the "Effective Date"). by and-among the City Of Temecula, a California municipal corporation ("City") and the persons and entities listed below ( "Owner- ): THE LINFIELD SCHOOL A. The legislature of the State of California has adopted California Government Code Section 65864-65869.5' ("Development Agreement Legislation,,) which authorizes a city to enter into a binding development agreement with persons having legal or equitable interests in real property located within a city's municipal boundaries for the development of such property. B, Pursuant and 'subject'to the Development Agreement Legislation, the City's police powers and City Resolution No. 91-52, City is authorized tO enter into binding agreements with persons having' legal or"equitable interest in real property located within the City's municipal. boundaries under which such property may be developed in the City. C. In lieu of obtaining approval of a Specific Plen for the development of the Property, Owner has requested City to consider entering into a development agreement relating to the Property. D. By electing to enter into this Agreement, City shall bind future members of the City Council of City by the obligations specified herein and further limit the future 14s~.sOm/e~a -1- exercise of certain governmental and proprietary powers of and members of the City Council. E. The terms end conditions of this Agreement have undergone extensive review by the staff of the City and the City Council of City and have been found to be fair, just and reasonable. F. City finds and determines .that it will be in the best.'int'erests of its citizens end thepublic health, Safety and. welfareSwill be served by entering 'into 'this Agreement: G. All of the procedures of the California Environmental'Quality Act have been met with respect to this Agreement. H. City was incorporated on December 1, 1989. Pursuant to California Government Code Sections'65360 and 65361, the City has forty-two (42) months following incorporation to prepare and adopt a general plan. During this 42-month period, the City may approve development projects without being subject to the requirement that .its decisions be consistent with the general plan so long as the findings set forth in Section 65360 and the conditions of approval of the California Office Of Planning and Research are met. I. Pursuant to City Ordinance No. 90-4, the City has adopted the County of Riverside's land use, subdivision and mitigation fee ordinances as amended by City Ordinance Nos. 90-05 through 92-15. Pursuant. to City Resol-ution No. 90-31, the City has adopted the Riverside County Southwest Area Community Plan ("SWAP"), as a planning guideline-during the preparation of the City's General Plan. J. The City Council of City hereby finds and determines that: (1) The City is proceeding in a timely fashion with the preparation of its general plan. (2) There is a reasonable probability that the Project will be consistent with the general ~lan proposal presently being considered. (3) There is little or no Probability of substantial detriment to or interference with the future adopted general plan if the Project is ultJanately inconsistent with the plan. (4). The Project complies with all other applicable requirements of state law and local ordinances. K. Owner is'the fee owner of a ninety-six and nine-' tenths (96.9) acre parcel of undeveloped land located South of Rancho Vista Road, east of Temecula Valley High'School and north of Pauba Road, hereinafter referred to as the "Property- as described in Exhibit sAs attached hereto and made a part herein by this reference. This Agreement applies to the development of a forty-eight and three-tenths (48.3) acre portion of the Property, comprised of Lots 1-4 of Tentative Parcel Map No. 2.7314. L. City and Owner desire that the Property be developed as a Senior Citizen Housing Development as further described herein. M. The City Council of City hereby finds and determines that: (1) The environmental impacts of this Agreement have been reviewed and all measures deemed feasible to mitigate. adverse impacts.thereof have been incorporated into ..the City aPProvals'for.the Project. (2) No other mitigation measures for environmental impacts created by the Project, as presently approved shall be required for development of the Project unless mandated by law. .(3) City may, Pursuant to and in accordance with its rules, regulations, and ordinances, conduct an environmental review of subsequent discretionary entitlements for the development of'the Property or any changes, amendments, or modifications to the Property. The -3- City, as a result of such review, may impose additional measures (or conditions) to mitigate as permitted by law the adverse environmental impacts of such development entitlement which were not considered or mitigated at the time of approval of the Project. N. Within foray-eight (48) hours of the effective date of this Ageement,-Owner shall deliver to the Planning department a check payable to the County'.C~erk in'the amount of One Thousand Two H~ndred Seventy-Five Dollars (1,275.00)., which includes the One Thousand Two Hundred Fifty Dollars ($1,250.00) fee required by Fish end Game Code Section 711.4(d)(2) 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 15075. If within such forty-eight (48) ho.ur period the Owner has not delivered to ~he Planning Department the check required above, this Agreement shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). O. City Council of City has approved this Agreement by Ordinance No. adopted on , 1992, and effective on , 1992. NOW, THEREFORE, in consideration of the above Recitals and of the mutual covenants hereinafter contained and for other good and valuable cons!deration,.the receipt. and sufficiencyo. of which is' hereby acknowledged, the parties agee: 1. Definitions. In this Agreement, unless the context otherwise requires: (a) "Congregate Care Facility" is a congregate care residential facility developed pursuant to Riverside County Ordinance No. 460, and Sections 8.1, 8.2, 19.101, 19.102 and 19.103 of Riverside County Ordinance No. 348. (b) "City" is the City of Temecula. t5 -4- 14874~ (7/27/92) (c) 'Development Approvals- means all those discretionary land use entitlements necessary to develop the Property, including, but not limited to, zoning changes, tentative subdivision maps, plot plans, and conditional use permits. (d) SDevelopment Exaction- means any requirement of City'in connection'with or pursuant to any Land Use RegulatiOn Or DeVelopment Approval for the dedication of' land,.the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. (e) 'Development Plan' means. the development of the Property as depicted in Exhibit G. (f) 'Existing Development Approvals- means those certain Development Approvals in effect as of the effective date of this Agreement with respect to the Property, including, without limitation, the 'Existing Development Approvals- listed in Exhibit B which were approved by the City of Temecula. (g) "Land Use Regulations- means all ordinances~ resolutions, codes, rules, regulations and official policies of City, governing 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 for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the Property which are a matter of public record on the Effective Date of this Agreement. 'Land Use Regulations- does not include any County or City ordinance, resolution, code, rule, regulation, or official policy, governing: (1) and occupations ~ (3) The conduct of businesses, Professions, Taxes and assessments; The control and abatement of nuisances; -5- (4) The granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (5) The exercise of the power of eminent domain. (h) "Senior Citizen Housing Development" means a multi-family development intended for persons 55 years of age or Older, as further defined at .California Civil Code Section 51.3. (i)' "Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with development of the Property. (j) "Project" is the development of the Property with the following specific uses: (i) multifamily senior housing complex; (ii) congregate care facility; (iii) skilled nursing faci'lity; (iv) personal care facility, and (v) Seniors' Community Center; and (vi) a nine (9) hole private golf course. (k) "Owner".means the person having a legal interest in the Property; (1) "Subsequent Land Use Requlation- means any Land Use Re.gulation adopted and effective after the Effective Date of this Agreement. (m) "Property" is the real property referred to in Exhibit "A". 2. Tnterest of Owner. Owner represents that he has a legal interest in the Property and.that all other persons. holding legal or equitable interests in:the Property .are to be bound by this Agreement. 3. ~xh~bits. The following documents are referred to in this Agreement, attached hereto and made a part hereof by this reference: -6- Exhibit Desianat.~on DesCription Legal Description Property of the Referred to ~n ParaaraDh K B Existing DevelOpment Approvals l(f), 15.2 C D Development Schedule Public Facility Fee Agreement 9, 10 14.2 E F Fee Credit Deed Restriction Development Plan (a) 14.3 10 9 The term of this Agreement shall commence on the Effective Date and 'shall extend for a period of fifteen (15) years thereafter, unless this Agreement is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto. (b) Should the Owner: (i) fail to obtain all Subsequent Development Approvals to develop and complete the Project, or (ii) breach the Development Schedule, Owner agrees to City amending the land use designation to Low Medium Density Residential or Institutionall and amending the zoning to Single Family'Residential (R-l).. (c) Notwithstanding any other provisions of this Agreement, upon the saleor lease 6f any lot, dwelling or unit to a member of the public or other ultimate user, this Agreement shall terminate with respect to any such lot, dwelling, unit or space, and such lot, dwelling, unit or space shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: 1~74,5 (1) The lot has been finally subdivided and individually (and'not in "bulk") sold or leased to a member of t~he public or other ultimate user; and, (2} A Certificate of Occupancy has been issued for a building or the lot, and the fees set forth under Section 14. of this Ageement have been paid. Notwithstanding the sale of any individual lot, dwelling~ unit or space as set .forth herein, the Owner'Shall remain liable to perform any.and all outstanding obligations, still unperformed or uncompleted at the time of sale, with respect to said lot, dwelling, unit or-space required by this Agreement or as a condition of any development approval. The owner shall condition the sale and deed sufficiently to ensure · the completion of said obligations. 5. Ass~anment. 5.1 R~aht to Assign. The Owner shall have the right to sell, 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, etS~g~, or Riverside County .Ordinance No. 460, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04) to any person, partnership, joint venture, firm, or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer, or assignment shall include the assignment .and assumption of the rights,_ -duties, and obligations 'arising under-Or from this Agreement and be made in strict compliance with the following conditions precedent: '4 .S Omen) (a) No 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 with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, the Owner shall notify City, in writing, of such -8- sale, transfer, or assignment and shall provide City with an executed agreement, in a form acceptable to the City Attorney, by the purchaser, transferee, or assignee and providing therein 'that the purchaser, transferee,.or assignee expressly and uncondit~onally assumes all the duties and obligations of the Owner under this Agreement. Any Sale, transfer, or assignment not made in strict compliance with the foregoing.conditionS shall constitute a default by the Owner under this Agreement; Notwithstanding the failure of any purchaser, transferee, or assignee to execute the agreement required by Paragraph (b) of this Subsection, the burdens of this Agreement shall.be binding upon such purchaser, transferee, or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee, or assignee until and unless such agreement ks executed. 5.2 Release of T~ans~e~.4ng Owner. Notwithstanding any sale, transfer, or assignment, a transferring Owner shall continue to be obligated under this Agreement unless such transferring Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Owner of all of the following conditions: (a) The Owner no longer has a legal or equitable interest in all or any part of the Property except as.a beneficiary under a deed of trust. (b) .The Owner is not'then in default under. this Agreement. (c) The Owner has provided City with the notice and executed agreement required under Paragraph (b) of Subsection 5.1 above. (d) The purchaser, transferee, or assignee provides City with security equivalent to any security previously provided by Owner to secure performance of its obligations hereunder. 0/'27/92) -9- -- .15.3 S-~seauent Ass~anment. Any subsequent sale, transfer, or assignment after an initial sale, transfer, or assignment shall be made only in accordance with and subjec~ to the terms and conditions of ~his Section. 6. N°r~ca~aee P~otec~c~on. ~he pa~cies hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner,s sole discretion, from encumbering the Property or any portion 'thereof or anyimpr0vement thereon'by. any .: mortgage, deed of trust, or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from'time to time, to meet with the Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City. will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Owner shall reimburse City for any and all of City's costs associated with said negotiations, interpretations, and modifications and shall make reimbursement payments to City within thirty (30) days of receipt of an invoice from City. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither. entering into this Agreement nor a breach of this Agreement shall defeat, render invalid,' diminish or impair the lien of any mortgage-on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee has submitte~ a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any. default by the Owner in the performance of the Owner's obligations under this Agreement. '4.S Ur27/92) -10- 34~74,.~ (c) If'City timely receives a request from a Mortgagee requesting a Copy of any notice of default given to the Owner under the terms of this Agreement, City shall provide a copy of 'that notice to the Mortgagee within ten (10) days of sending the notice of default to the Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. '(d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Owner's obligations or other affirmative covenants of the Owner hereunder, or to guarantee such performance, provided however, that to the exwcent that any covenant to be performed by Owner is a condition precedent to the performance of.a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 6.3 of this Agreement. (e) Any Mortgagee who comes into possession Of the Property, or any portion thereof,'pursuant to subsection (d) above and who elects not to assume-the obligations of the Owner set forth herein shall not be entitled to any rights to develop which have or may have vested as a result of this Agreement. 7. B4nd.~na ~ffect of AGreement. The burdens of this Agreement bind. and the benefits of the Agreement inure to the successors-in-interest to the parties to it. 8. Relat~onsh4D of Parties. It is understood that the contractual relationship between City and Owner is such that the Owner is an independent contractor and not the agent of City. -11- 9. .Proiect Zonina. Pursuant to the Existing Development Approvals, the Project description contained at Section 16.1 of this Agreement, and the Development Plan, the Proper=y has been rezoned from Rural-Residential (R-R) to General Residential (R-3) to permit Project development. The land use designation under SWAP is presently one (1) acre minimum; under the new General Plan to be adopted, the Property will likely be. designated high density residential. 'The rez0ning and proposed land use designation is conditional upon the completion of the Project pursuant to the Development Schedule. Any substantial breach of the Existing Development Approvals, Development Schedule or Development Plan shall constitute a material breach of the Agreement. 10. Development Sched, le. (a) Owner shall develop the Property pursuant to the Development Schedule contained in Exhibit C. (b) Concurrently with recording Parcel Map No. 27314,'Owner shall record a deed restriction in substantially the form of Exhibit F, as to Parcels 1-4 of said Tract, restricting occupancy in the Project to persons fifty-five (55) years of age and older. (c) The parties acknowledge that Owner cannot at this time predict when, or.the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which.are not within the control of Owner, such as market orientation and .demand,' interest rates,. absorption, completion 'and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. C.~tv of Camaril~o, 37 Ca1.3d. 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing 0f development to prevail over such parties, agreement, it iS the parties, intent to cure that deficiency by acknowledging and providing that the Owner shall have the right to develop the Property in such order and at such rate and at such times as the Owner deems appropriate within the ~4.5 Ur27~2) -12- exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Schedule. 11. Hold Hsrmless. Owner agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for d~mage or claims for damage for Personal injury including death end claims for property damage which may arise from the direct or'indirect operations/of the . owner or those of his contractor, subcontractor, agent, employee or other person actin~ on his behalf which relate to the Project. Owner agrees to and shall indemnify, defend, and hold harmless the City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by .reason of Owner's activities in connection with the Project. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to'in this paragraph, regardless of whether or not City prepared, supplied, or approved plans or specifications or both for the Project and regardless of whether or not the insurance policies referred to herein are applicable. Owner further agrees to indemnify, hold harmless, pay all costs andprovide a defense for' City in any action challenging the validity of this Agreement or the Project. 12. T..~tiaat~on..- 12.1 Th.~rd Party x.itiaation Concern~na Aareement; owner shall defend, at its expense,- including' attorneys fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action, or-proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. City shall promptly notify Owner of any such claim, action, or proceeding' and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, or proceeding, or if City fails -13 - to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may' in-..its discretion participate An the defense of any such claim, action, or proceeding. 12.2 .~v.~ronmen~al'Assurances. Owner shall indemnify and hold City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees,.' subcontractors, Predecessors-in-interest~ successors, assigns and independent contractors for any violation of any federal, state, or local law,'ordinance or regulation relating to industrial hygiene, solid or hazardous waste Cr to environmental conditions on, under or about the Property. Said violations shall include, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys fees, City-, its officers, agents and employees An any action based or asserted upon any such alleged act or omission. City may, in its' discretion, Participate in the defenseof any such action. 13. Third P~rtv ?..~t~oat~on Concernino the General ~J~. City is a newly incorporated city falling within the scope of Government Code Sections 65360 and 65311 and thus not subject to the requirement that a General Plan be adopted or that development decisions' be consistent therewith so long as the City makes certain findings, which the City has made at Section J. of this Agreement. Notwit.hstanding these-findings City shall. have no liability in damages 'under this Agreement for any failure of City to perform under this Agreement or the inability of Owner to develop the Property 'as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the findings made under Section 6~60 and 6~61 or the future General Plan, are invalidated or inadequate or not in compliance with law. 14. Public ~enef~tso l~blic ImProvements and Facilities. 14.1 Tntent. The parties acknowledge and agree that development of the Proper~cy will result in substantial public-needs which will not be fully met by development of the Project and further acknowledge and agree that this Agreement confers substantial private benefits on the Owner 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'the Owner by providing more fully for the satisfaction of the public needs.resulting from the Project. 14.2 Tmpmct Fees. (a) The developer(s) of the Property shall pay a capital or impact fee for road improvements and public facilities the City may adopt for development ("Public Facilities Fee".), in the amount in effect at the time of payment of the fee, (The term "developer(s) of the Property or Projectw as used in this Section shall-mean the person(s) who seeks a building permit to construct structures'on the Property. These individuals shall hereinafter be referred to as the "Developer-.) If an interim or final public facility mitigation fee or benefit 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 an Agreement for Payment of a Public Facility Fee, in substantially the form of Exhibit D. · .. (b) Owner shall pay .all: other impact fees provided for under the Land.Use RegulationS, including~ but'not .'limited to the Residential Impact Fee (pursuant to Riverside County Ordinance No. 659) and Flood Control, Fire, Library, Traffic Mitigation and K-Rat Fees. 14.3 Fee Credits and Schedule. In exchange for the dedication.of land, the construction of improvements and the payment of fees, Owner shall be entitled to Fee Credits set ~orth in Exhibit E. 14.4 Waiver. By execution of this Agreement, Owner waives any right to object to the imposition of the -15- provisions of Section 15 of this Agreement, the adoption of any interim or final Public Facility Fee, or the process, levy, or collection of any interim or final Public Facility Fee for this Project; provided that 'Owner is not waiving its right to protest the reasonableness of any interim or final Public Facility Fee, and the amount thereof. 15. 'Reservations of Authority. 15.1 T.~m~t~tions. Reserv~t.~ns. and' ~xceDtions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Requlations shall apply to the development of the Property, including, but not limited to: (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of Processing'applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. .(b) Procedural regulations relating to hearing bodies,.petitions, applications, notices, findings, records, hearings, reports, recommendation, appeals, and any other matter of procedure. (c) Regulations governing construction standards and specifications including, without limitation, the City's Building Code., Plnm~ing Code, Mechanical Code, Electrical Code, Grading Co~e and Fire Code. (d) SUbsequant Land Use-.Regulations which are'in conflict with the Development P~an. 15.2 Subsequent Development ADDrOVslS. This Agreement shall not prevent City, in acting on Subsequent Development Approvals from applying Subsequent Land Use Regulations, even if they conflict with the Existing Land Use Regulations, Existing Development Approvals or the Development Plan. Further, this Agreement shall not prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing or Subsequent Land Use Regulations. -16- 14174.5 (7/27/92) 15.3 Mod~ficat{on or Suspension 'by State or Federal T.aW. In the event that State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more of the Provisions of this Agreement, such provisionS of this Agreement shall be modified or suspended as maybe necessary to comply with. such State or Federal laws or regulations, provided, however, that this.Agreement shall remai. n in.full force and effect' to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 15.4 Reaulat~on by Other Puh~.~c Agencies. It is acknowledged by the parties that other public agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City and .this Agreement does not limit the authority of such other public agencies. 15.5 VestSrio Tentative Ma~s. If any tentative or final subdivision map, or tentative or'final parcel map, heretofore or hereafter approved in connection with development' of the Property, Is a vesting map. under the Subdivision Map Act (Government Code Section 66410, etp_tq.) and Riverside COunty Ordinance No. 460, as' the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04, and if this Agreement is determined'by.a final'jUdgment to be invalid or unenforceable insofar as. it grants a vested right to develop to the Owner, then and to that extent 'the rights, obligations, and protections afforded the Owner and City respectively, under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. .Except 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. 16. Development of the ProDertV. -17- · - 16.1 Proiect. The Property shall be developed with the following uses, and only the following uses: (a) Senior Citizen Housing DevelOpment on Parcel 2 of Parcel Map 27314, not to exceed 20 dwelling units per net acre; ~ (b) Parcel Map 27314; Nine (9) hole golf course 'on Parcel 2 of (c) Senior's Community Center on Parcel 1.of the Parcel Map 27314; . (d). Congregate Care Facility on Parcel 3 of Parcel Map 27314; and (e) Skilled Nursing and Personal Care Facilities on Parcel 4 of Parcel Map 27314. No change, modification, revision or alteration of these uses or of the Projec~c may be made without the prior amendment of this Agreement. 16.2 R4Qhts to Develop. The Permitted uses of the Property, the density and'intensity of use, the maximum height and size of proposed buildings, and Provisions for reservation and dedication of land for public purposes Shall be those set forth in Section 16.1 and the' Development Plan. The Project shall remain subject to all. Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. .. 16.3 Chanaes and Amendments. Notwith'standing. Section 16.1, 'the parties acknowledge that refinement and further development of the Project wili re~uire Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Project. In the event the Owner finds that a change in the Project is necessary or appropriate, the owner shall apply for a Subsequent Development Approval to. effectuate such change and City shall process and act on such application in accordance with the Subsequent Land Use Regulations. If approved, any such change in the Project shall be incorporated herein as an addendum to this Agreement and may '4.s~m~ 14~74.~ (7/27/92) be further changed from time to'time as Provided in this Section. Unless otherwise required by law, as determined in City,s reasonable discretion, a change to the Project shall be deemed "minor" and not require an amendment to this Agreement provided such change does not: (a) Alter the permAtted uses of the Project as a whole; or, (b) 'Increase. the density or intensity Of use. of the Project as a whole; or, .. (c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Project as a whole;' or, (e) Constitute a project requiring a Subsequent or Supplemental Environmental Impact Repor~ pursuant to Section 21166 of the Public Resources Code. 17. Period.~c Review of ComD.~ance with Aureement. (a) Pursuant to City Resolution No. 91-52, as it may be subsequently amended, City shall review this Agreement at least once during every twelve (12) month period from the date this Agreement is executed. The Owner or successor shall reimburse City for the actual and necessary costs of this review. (b) During each periodic review by City, the Owner is required to demonstrate good faith compliance with the terms of the Agreement. The.Owner.agrees to furnish such evidence of good faith compliance ~s City in the exercise of its 'discretion may require. 18. ~mendment or Cancellation of A~reement. This Agreement may be amended or canceled An whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Sections 65868, 65867 and 65867.5. If the Amendment is requested by the Owner or successor, the Owner/successor agrees to pay City any Development Agreement Amendment fee then in.existence as established by City Council -19- Resolution, or if no such fee is established, to reimburse City for the actual and necessary costs of reviewing and Processing said Amendment. 19. Rre~ch of Aareement. (a) The City reserves the right to terminate this Agreement in the event of a mater~al breach of any of its material terms or any material term of any applicable federal, state or'local statute or regulation, Which breach is not cured· following written notice and.a reasonabie opportunity toecure. In finding such a breach: (i) City does not waive any claim of defect in performance by Owner implied if on periodic review the City does not propose to modify or terminate the A~eement. (ii) Non-performance shall 'not be excused because of a failure of a third person; and (iii) Non-performance shall be excused only when it is prevented or delayed by acts of God or an emergency declared by the Governor. (b) The notice to cure period shall be thirty (30) days (except in cases of emergency where a shorter time may be Prescribed consistent with the nature of the emergency). Where thirty (30) days is insufficient time for the Owner to cure the notified .breach, Owner shall be deemed in compliance with the provisions if, within that thirty-day time period Owner begins good faith efforts to cure such breach and shall present a specific and reasonable timetable to .the c'~ty~for the cure of the notified breach. If the breach is-not cured within such time period or within such additional time period specified in such notice, the Planning Director shall cause to be noticed a public hearing before the City Council. (c) The Council shall hold a public hearing, upon ten (10) days written notice duly given to Owner and published notice provided to the public. Owner may appear at the public hearing before the Council and present information, orally or in documented form, that it deems relevant and appropriate to the -2O- Council,s deliberations. Based on the evidence presented at the public hearing, the Council shall determine by resolution whether the Agreement should be terminated. Nothing herein iS intended to limit Council's right to make other determinations which are reasonably related to the Agreement. (d) The City Council shall cause OWner to receive written notice'of any action taken.following the public hearing. (e). Within not less than thirty (3'0). days of.. receiving notice of'the City Council#s action, Owner shall be entitled to initiate an action in state court to seek judicial review pursuant to California Code of Civil Procedure Section 1094.5. In the event Owner initiates such a review, the Council's determination shall be stayed pending a final order of the court. (f) Upon a finding of material breach of this Agreement, and the failure of Owner to successfully challenge the same in a court of law, City may not only terminate this Agreement, but also shall amend the land use designation of the Property to Institutional or Low-Medium Density Residential, and amend the zoning to Single Family Residential (R-1); Owner further agrees to such amendments. (g) All other remedies at law or in equity which are not otherwise provided for 'in the Agreement or in City's regulations governing development agreements are available to the parties. to pursue in .the event there.is a breach. 20. Damaaes UDOn Termination. 'I~.iS acknowledged the parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this. Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City, and its officers, employees and agents, shall not be liable in damages to Owner or to any assignee, transferee of Owner, or any other person, and -21- Owner covenants not to sue for or claim any damages for breach of that Agreement by City. 21. Attorneys, Fees ~nd Costs. If legal ac~cion by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and 'court costs. 22. 'Not~cen.. All .notices required or provided for under this Agreement shall be in writing.and delivered in person or sent by certified mail, postage prepaid. NoticereqUired to be given to City shall be addressed as follows: To City: City Clerk City of Temecula 43172 Business Park Drive Temecula, CA 92390 Notices required to be given to Owner shall be addressed as follows: To Owner: A party may change the address by giving notice in'writing to the other party and thereafter notices shall'be addressed and transmitted to the new address. 23. Rules of Construction and Miscellaneous Terms. (a) The 'singular'includeS the plural; the masculine gender includes'the feminine; "shall" is mandatory, "may- is permissive. (b) If a part of this Agreement is held to be invalid, the remainder of the Agreement is not affected. (c) If there is more than one signer of this Agreement their obligations are joint and several. (d) The time limits set forth in this Agreement may be extended by mutual written consent of the parties in accordance with the procedures for adoption of the Agreement. ~som~ -22- (e) This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person, including but not 'limited'to third party beneficiaries, shall have any right of action based upon any provision of this Agreement. (f) This Agreement'maybe executed by the parties in counterparts, each of which so fully executed counterpart shall be'deemed an original irrespective .of the'date of; execution. 24. Co-nterD-rts. This Agreement may be executed in any number of .counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year first above written. "CITY" Attest: By: MAYOR City Clerk Approved as to form: City Attorney "OWNER" · By: Name: Title: 14874.S am~g2) -23- By: Name: Title: Notary [ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY' TWO CORPORATE OFFICERS. ] -24- DeB~tTI~TO]~ 01 ~ 14~'/4.4 EXHIBIT "B" WTTBT.TN~ DwV~.~pMw~TAppROV3T. R Tentative Parcel Map No. 27314 change of zone No.'21 EXHIBIT .C~ D~'~ OPM~r Sc~r~mU~ ~ .I. Within five'(5) years of the effective date of this Development A2,ccm~t, Owner shall have substantially begun construction of each of the following uses: A. Twenty (20) dwelling units of the Senior Citizen Housing Development, and B. The Congregate Care Facility, Skilled' Nursing Facility, or Personal Cede Facility 'Substantially begun construction' shall mean obtai~-a building permit and having an lipproved and inspected foundation. · · After twenty-five C25) percent of the dwelling units within the multi-family senior housing complex have received Occupancy Permits and prior to the next Occupancy Permit issuance within this complex, owner shall have constructed and obtained a Certificate of Occupancy for the Senior Citizen Center, and shall have completed the golf coune. Within five (:5) years of the effective date of this Development Agreement, Owner shall have recorded Parcel Map No. 27314 and have obtained all subsequent development approvals for the Senior Citizen Housing Development, the Congregate Care Facility, the Skilled NUrsing Facility, and the Personal Care Facility. Within the term of this Development Agreement, Owner shall have obtained Certificates of Occupancy for all buildings identified in the subsequent development approvals. S~AFFIFPa7314TTM.]~ PURT,TC FACTT,TTY ~ Recording requested by, and When ~ecorded mail to: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: City Clerk ) ) ) ) ) ) ) ) ) AGREEMENT FOR PAYMENT OF PUBLIC FACILITY FEE This Agreement is made this 'day of by and between the City of Temecula ("City") and ("Developer"). "Property" ) RECITALS Developer is the owner of real property (the in the City of Temecula described as follows: Exhibit A, attached hereto-and incorporated herein by reference B' .pursuant to Developer. proposes.to develop the Property (the "ProjeUt"). Recording of this Agreement is fee exempt pursuant to Government Code Section 6103 as it is recorded for the benefit of the City of Temecula, a public agency., -1- C. City has determined ~hat the Project will impact traffic and the demand for other public facilities within the City as identified in the the Project. These ~pacts must be' mitigated by payment of a fee for additional road and public facility conStructiOn, which fee shall be identified as set forth heroinafter. D. The City proposes to impose a public facility fee upon new developments within the City in order to construct additional public facility improvements to Serve and benefit new developments, including the Project. These fees shall be known as.the "Teme~ula City-wide Public Facility Fee'Program- or "Public Facility Fee." E. Condition No. of the Project requires that Developer execute this Agreement prior to issuance of a building permit or conditional use permit, or recordation of the final map, as provided specifically in the conditions of approval. F. In order for Developer to proceed without full payment of the 'Public Facility Fee in a'.timely manner, Cit~ and Developer have determined to enter into this Agreement. G. The term "public facility- shall refer to public and municipal infrastructure, such as roads, highways, flood control facilities, city ha!l, police stations, COmmtlnity centers, theaters, parks and similar Public.infrastructur~. NOW, THEREFORE, the parties hereto agree as follows: 1. Public Fac~l~tv Fee: (a) The City Council will establish the amount of the Public Facility Fee at soma tJ~a in the future. The Fee will be based upon the square footage of each development, the vehicle trips generated by each development, or similarmeasure(s). The Public FacilityFee also shall establish'the specific improve-' ments to be constructed and 'their cost, the benefit assessment' area and the method by which the fair share, pro-rata obligations of each property are to be established based on J~pact on traffic and demand for public facilities. (b) Developer shall pay the Public Facility Fee cn each building at such t~me it receives its certificate of occupancy or final 'inspection, which ever occurs first. (c) The Council also may establish an Interim Public Facility Fee to be followed by a Final Public Facility Fee.'. If only the Interim Public Facility Fee has.been established at the time the Developer seeks issuance of its certificate of occupancy or'final inspection, whichever occurs first, then Developer shall pay the Interim Fee prior to issuance of the.certifiCate of occupancy or 'final inspection, whichever occurs first. Later, when the Final Public Facility Fee is established, the Developer will be rej~bursed for any difference between the Interim and Final Fee 'if the Interim Fee exceeds the Final Fee, and shall pay the shortfall if the Final Fee exceeds the Interim Fee. (d) If the certificate of occupancy or final inspection occurs prior to the establishment of the Interim or Final Public Facility Fee, then the Developer shall pay a deposit of Two Dollars ~$2.00) per square foot, not to exceed Ten ThoUsand Dollars ($10,000) prior to the issuance of the certificate of occupancy or '~inal ~nspec~ion~ The deposit shall be a credit against the Interim or Final Public Facility Fee. A letter of credit or cer~ificate of deposit may be provided in lieu of the deposit. (e) If either the Final or Interim Public Facility Fee is established after the issuance of the certificate of occupancy or final inspection, the Developer shall pay the Interim or Final Public Facility Fee ten (.10) days after receiving notice from the City that it has been established. (f) Notwithstanding the above, Developer shall provide City with written notification of the opening of' any escrow for the sale of the Project and shall provide in the escrow instructions tha~ if the InterAm or Final Public Facility Fee has been'eStablished, the Fee shall be paid to the City from the sale proceeds in escrow prior to distributing the proceeds to Developer/seller. (g) City shall record a release of'this Agreement upon payment of all Public Facility Fees owing and shall provide Developer with a copy of such release. - 2. Use of Public F-c434tv Fee: The Public FacilityFee collected pursuant to this Agreement shall be used only to Construct C~ty-wide traffic and public facility improvements, which improvements are deemed to be of benefit to Project, and for expenses incidental thereto.' '. There is a reasonable relationship betwean the Project and the Public Facility Fee in that the Pro~ect will impact traffic and existing public facilities, and conse~uantly, will require expansion of the City-wide street and highway system, and public facilities in order to meet the added demand resulting from the Project. The amount of the Public Facility Fee to be collected from Project represents the cost of facil~ties necessary to meet the incremental increase in traffic and demand for public facilities resulting from the Project. 3- Tnformat~on Provided: Developer shall provide to City, upon Cityms request therefor, any and all information regarding access to the Project, ~raffic..flow~ trip generation factors and such other information as is reasonably necessary'to establish the Public Facility Fee. 4. Security for ~c Fac~tv Fee: (a) If the Interim or Final Public Facility Fee has been established prior to issuance of a building permit or other entitlement described in Recital E, then, concurrent with ~he execution of ~his Agreement, Dsveloper shall provide an irrevocable letter of credit or o~her form of security approved by City, in a form approvsd by ~he City Attorney, in an amount equal to the total Public Facility Fee for the Project. The amount of security' may be increased upon' Ctty'l' request should there be an lncrease in the amount of the' Public Facility Fee. The amount of securlty also may be reduced upon Developer's payment of Public Facility Fees outstanding. However, except for the deposlt provided for in Section 1, no letter of credit is required if neither the Interim or Final Public Facility Fee has not been established as of the date of execution of this Agreement. (b) As an alternative to collecting the fee from the letter of credit, if the Developer fails to pay the Public Facility Fee within thirty (30).days of the date demand is made, the City may assess a penalty of ten percent (10%) of the amount owing and make said Fee, inclusive of penalty, a lien upon the 'described real propeTty by' recording a nOtiCe that said Fee is due Under the terms of. this Agreement with the County Recorder of Riverside County. The notice shall state the fac~ that said Fee, inclusive of penalty, is due under the terms of this Agreement and shall state the amount, together with the fac~ that it is unpaid and draws interest on the Fee and penalty at the rate set forth at California Revenue & Taxation SectiOn 19269 until paid. . (c) The City may as an alternative to the lien 'procedure set forth above, bring legal action to collect the Public Facility Fee due. The Developer agrees that if legal action by ~he City is necessary to collect the Fee the Developer agrees tO pay. the City a reasonable sum as attorney.'s fees 'and court costs, together with penalty and Anterest determined according to Paragraph 4 (b) of this Agreement. 5. A~eement Runs W4th T~nd: This Agreement pertains to and runs with the Property. This Agreement binds the successors in interest of each of the parties. 6. Wa{ver: By execution of this Agreement, Developer waives any right to protest the provisions of Condition No. of the Project, this Agreement, the formation of any Public Facility fee district, but not the nexus. between any Public Facility fee and the Project. 7. B{nd~n~. Aareement: This Agreement shall be binding upon Developer, Developer,s successors and assigns. 8. ~mendment/No Cont~nuina Waiver: This Agreement may be modified or amended only in writing, signed by both parties. This Agreement contains ~he full and complete understanding of the parties and supersedes any and all prior oral or written agreements or representations. A waiver of any term or condition of this Agreement by eithar par~y shall not be deemed a continuing waiver thereof. 9. Attorneys' Fees: Should either'party determine'that it is necessary to file a legal action to enforce or interpret'the provisions of this Agreement, the prevailing party in that litigation shall be entitled to its reasonable costs, including but not limited to attorneys' fees. 10. Notqce: Notice shall be deemed given under this Agreement when in writing and deposited in the United States mail, first- class, postage prepaid, addressed as follows: CITY: DEVELOPER: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: City Clerk 11. invalid, Agreement as Developer, their M~ Sce.ll aneous Prov{ s{ one (a) If any provisO'on of this'Ageement is adjudged the remaining provisions shall not be affected. (b) If there is more than one (1) signer of this obligations are joint and several. IN WITNESS WHEREOF, ~he parties or-~heir duly authorized representatives have executed this Agreement as of the date set out above. CITY'OF TEMECULA DEVELOPER By: David S. Dixon. City Nanagar By: APPROVED AS TO FORH: By: SCott F. Field City Attorney Form df Condition: Developer shall pay a building permit or any capital fee for road improvements and public facilities ~mposed upon the proper~y or project, including that for traffic and public facility mitigation as'required under the EIR/Ne~ative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which .Developer requests its building permits for the 'project or any phase thereof, the Developer shall pay a deposit of $2.00 per square foot, not to exceed $10,000, and execute the Agreement for Payment of Public .Facility Fee, a copy of which has been provided to Developer. Developer understands that 'said Agreement may require the payment of fees in excess of those now estimated (asSuming benefit to the project in the amount of such fees) and specifically Waives its right to protest such increase. In imposing this condition, the City finds as follows: 1. The fee collected will be used for City-wide'road and public facility improvements. 2. The road and public facility improvements (or portions thereof) to be financed will serve the project by providing access, reducing congestion, and providing adequate public facilities, such as, but not limited to, City Hall, police station, fire station, community center and parks. -i- ~- There is a need for such road and public facility improvements for the project as the project will generate traffic onto the roads to be improved and demand for additional public facilities. 4. 'There is a reasonable relationship between the amount of the fee and the cost of the road and public facility improvements in that the amount of the fee is no more than the amount'of benefit to be received by each unit from access to and use of ~he road and public facility improvements. LETTER OF CREDIT i(To be on Letterhead of Issuing Financial Institution) CITY OF TEMECULA 43172 Business Park Drive Temecula, CA 92390 Re: Instrument of Credit Delivered'as Performance Security.for Public Facilities Fee. Gentlemen: [name of financial institution] , a financial institution· subject to regulation by the State of California or the Federal Government of the United States of America, delivers to the City of Temecula this instrument of credit as security for performance of the Agreement For Payment Of Public Facilities Fee, dated by and between the City of Temecula and · and referred to herein and by this reference made a pert hereof· subject to the following conditions: I. We pledge that we hold and will hold. on deposit the sum of Ten Thousand dollars ($10,000.00) as trust funds guaranteed for payment to City of Temecula to secure faithful performance by · (hereinafter referred to as "Principal") of the Agreement for payment of Public Facility Fee. Upon demand by the'City Manager of the City of Temecula, the whole or any portion of said funds shall be paid forthwith to the City should the Principal fail to perform any of its obligations'to the City under the Agreement For'Payment Of Public Facility, Fee. II. No amendment to the Agreement For Payment Of Public Facility Fee, agreed to by City of Temecula and Principal, shall relieve us from liability on this letter of credit. We hereby give consent for any such amendments to be made without further notice to or consent by us. We hereby hold ourselves bound without regard to and independently of any action against Principal whenever taken. We further agree that if City of Temecula sues on this letter of credit, we will pay, in addition to the face value of this letter, all its reasonable costs· expenses and attorneys fees incurred by it in successful. ly enforcing such obligation, to be awarded and fixed by the court· and to be -1- sff/LTR110111 taxed as costs and to be included in the judgment rendered. This instrument of credit is irrevocable. .Financial Institution Principal therein (Name). (Title) I swear under penalty of perjury that I have authority to bind the above-named financial institution to the terms of this letter of credit. Executed at California, on · 19 . By ~ By: (Name) (Title) (Name) (Title) Signature Approved as to Form: 'By~ Scott F. Field City Attorney CITY OF TEMECULA -2- sff/LTRll0111 Upon obtaining a certificate of occupancy.Owner shall dedicate'to the City the Senior Citizen Center described in Exhibit. C.' In ~xchange for dedication of the Senior Citizen Center end completion of the Golf Course, Owner shall receive a full credit against its Quimby Fees required pursuant to Riverside County Ordinance No. 460. ~.5&~) DRRr~ RRSTRTCTTON RECORDING REQUESTED BY: WHEN RECORDEDMAIL TO: CITY CLERK CITY OF .TEMECULA' 43174 BUSINESS PARK DRIVE TEMECULA, CALIFORNIA 92590 DRCT.ma~tTTON OF 9wBTRTCTZONB This DECLARATION OF RESTRICTIONS made this · 1992, by (. hereinafter referred to as "Declarant.- I! ) day of WHEREAS, Declarant is the owner of Parcels 1-4 of Parcel Map No. 27314 (the "Property-); and WHEREAS, Declarant intends to sell the above described pro.perry, restricting it in accordance 'with a common lan '.NOW, THEREFORE, Declarant declares that said real property shall be held, transferred, encumbered, used· sold, conveyed, leased, and occupied, subject to the covenants and restrictions hereinafter set forth expressly and exclusively for the use and benefit of said property and. of each and every person or entity ~ast fifty five 55 ea Property unless he or she is at ' ( ) y rs of age, or otherwise qualifies for residency pursuant to California Civil Code Section 51.3. under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots, and the City of Temecula~ has been recorded, agreeing to change said covenants in whole or in part. 14874.,~ (7/Z7,,e)2) 3. ~-nforcement. Enforcement shall be by proceedin s P g ~olate any covenant either to restrain violation or to recover damages. The City of Temecula may enforce any .covenaht of this Declaration. 4. 'Attorneys Fees. Should any par~y bring an action against the other for the purpose of enforcing the terms of this Stipulation, or for damages arising from its breach, then in such event, the prevailing party shall be entitled to its reasonable attorneys fees and costs in addition to any other aWard'entered by the Court. - 5. SeverAh.414tv. Invalidation of any one of these covenants by Judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, Declatent has executed this Declaration of restrictions the day and year first above written. DECLARANT: Signature Name: Address: '4~ Omen) ATTA~ NO. 7 SECTIONS ~.1 AND ~,2 OF ORDINANCE NO. 348 RURAL I~'-qlDENTIAL ZONING STANDARDS S~"'F,~"FRFF~2'7314TTM.p~ vrw ARTICLE V R-R ZONE (RURAL-RESIDENT/AL) SECTION S.l. USES.PERNITTED IN R-R ZONE. Residential and Ltght rtcultural Uses, (1) Any use permittedATe A-1 Zone, subject to the conditions set forth thoreta, unless heroinafter modified. (2) nobtlehme, used as a one-fmll~ residence, subject to the fol 1 ow4 eg conall tt one: a, nobt)ehmes shall .have a floor area'.of not'l.ess that 450 square feet, b. The ares between. the Found level and the floor of a mob11 ehome she11 be screened frgn dew by an opaque s k~ rt enttrely around the. mobilehome. The follo~ng uses shall be pemttted ;H. ov~ded approval of a plot plan shell first have been obtatned pursuant to the provisions of Sectton 18.30: (1) F~shtng lakes, camnettle1 and eoncmnerCtal. 321 Guest ranches and motels. Educational *~nst4tut~ons, libraries, museums and post office. (4) Golf, tennis, polo or country clubs, archery and golf and dr~vtn9 ranges. (5) Commercial uses for the convenience of and 1*net dental to any of (6) '8) the above permitted uses ~hen located upon the same lot or parcel of land. Feed and gratn sales. ilurser~es and garden supply stores. Pet shops and pet supply shops. Real estate offices. (d) ~10) Stgns, on-stte advertising. (11) Arts, crafts and curio shops. Public Uttllty Uses. (1) Structures end Installations necessary to the conservation and clove1 opment of .water .such. as .dins, pt peltnes, water condutts, tanks, canals., reservoirs, walls and the. necessar~ pumptrig. and · water production factltUes. (2) Structures and the pertinent fac~il'tttes 'necessary and tactdental to the development and Iraremission of electrical power and gas such is ~droelectr~c power plants, booster or conversion plants, transmission 1tees, pipelines and the 11ke. '3) Redto broadcasting stations. ,541 Telephone transmission l?nes, telephone exchan es and offtces. Railroads, Including the necessa~ facilities ~n connection therout th. (6) Telev4ston broadcasting startank, antennas, and cable Installations, and microwave relay stations. The fol lovln9 uses are larmttted protided a conc~ttonal has been granted: ( 1 ) At rpo rt or 1 anc~ ng f1 el d. . 19 use permtt Auto arecking Jards. Any mtnt.g operation ~htch Is exmpt fr2 t~ pro~stons of the California ~ffKe M~nf~ ~d Reclinelion Act of' 1975 and Rtve~t~ ~n~ kdtna~e No. 555. CBe~, ~t or Man. a. bttWe ibis, b. ~tmohfie se~ce staten and ~aJr garages ~th or '~t~ut t~ concursor ,lo of Wr nd ~N ~r off-praises coupU on. -. '. c. Baker~ s~ps, ~ncl'u~ hking only ~n Jnc~nta~ %o' sale on :he ~Jses. d. Ba~r s~ps ~d H~ s~pa. e. Ba~ and ~c~atl l~n~s. ~- B~lllard and ~ol halls. g. Cleanl~ and d~Jng sh~s. ntal ser~ces, JKludJng ~tJlle~, mows., san,~, ~r sa~, cment and pluter mJxe~ not exc~dJng 20 cubJc ~eet In capacid, and other slmSlar e~ent. k. Food, meat, Nultr~ and ~oduce markets. . F~zen ~od locke~. m. Hardva~ s~s. n. L~ndrles and laundrmats. o. LJ~Jd ~trole~ ser~ce stations, ~th or ~t~ut the-' concurrent sale of Her and ~ne ~r off-p~Jses cons~p~lon.pro~d the% Jr s~ra~ tan~ a, abo, t~ total capacl~ of all ~nks s~11 ~t exceed 10,000 gallons. Stora~ tanks. shall H ~Jnted a Nutral color and sha~l no% have an~ ad~rtJsJng paJnted or placed on %~Jr ~ace. (4) p. Ltquor stores. q. (t)eleted)" .'- .. r. Parking lo13 and parking buildings, pursuant tO the rovtsfons. of hctton (matmobile storage space). s. ~PDel eted) 18.12 t. Professional offtces. .. (I)eleted) v. Refreslnent stands. w. Restaurants and other eattrig establlsMents. x. Shoe stores and repatr shops. y. (Oeleted) z. Stirtons, bus, rilltold and tlxl. aa. TIre slles and servSce.- bb. Tourtst toforaatJon centers. cc. Underground bulk fuel storage. dd. Auctton houses and yards.' Dune .buggy parks. Frutt and vegetable packing plants and stmtlar uses. 20 Hog ranches, subject to the provisions of Ordinance No. 43Z. Hunttrig clubs~ (32) Lm~her production of a cronerein1 nat~re, Including cmmerctal loggtng or c~merctal development of Ulher end lunber mfils. (23) I1acMne shops. :(:14) The aanufacture of: a. Brick, ttle or terra-cotta. b. Caneat and caReat products. co Gypsum. 16 Rigrant agricultural uorkers Bobflelme larks. .17. Pen-fed cattle olarattons, livestock saleyards, livestock a~ctton yards, end dstrJr fires.. " ' · (~8) BRace tracks, Including but not 1tat'ted 1;O. contests between sotmobiles, horses, go-carts, and motorcycles, but not Including contests Ixtteen Man betfigs enly. (19) IteCreattonal vehicle larks. (20) Rifle, ptstol, skeet, or trapshooting ranges. (21) BRodeo arenas. ItTra11 btke parks. Tratler and 'beat storage. (24) (Deleted) Neat culttrig tad lacklFing plants, provided there is no slaughtering of antmils or rendering of Hater well drilltrig, operations and service (29) (Deleted) (30) Hobtlehme parks, develolad pursuant to Sectton 19.93 of thts ordinance. The folioring uses are larmttted provided that the operator thereof holds a pemtt to conduct surface mtntng operations Issued pursuant to RIverside County' Ordinance No. 555 whtch has not been revoked or suspended. C1) Any mtntn9 operation that ts sub:leer to the California Surface Hintrig .lad Itec!a~ltton Act of 1975. Kennels and cutterIns are tarrattled provtded they are approved pursuant to the provisions of Section 18.45 of this ordinance. Any use that ts not specifically 11sled In subsections b. and d. may be constdsred a tarmilled or conditionally Fennltted use provided that the Pllnntng Nrector finds that the proposed use ts substantially the Same In character and tritenatty.as those 11sled tn the designated subsections. Such a use ts subject to the pemtt Irocess which governs the category tn which tt fa~ls. knended Effecttve: 11-11-82 (Ord. 348.2204) 12-23-82 (Ord. 348.2140) .21 / 08-02-84 04-04-87 06*30.88 05.04-89 07;20.89 (Ord. 348.2338) 'Oral. 348.2669) Ord. 348.2856' Ord. 348.3023 ,Oral. 348~3043', SECTION 5.2. DEVELOPMENT STANDARDS, IdlErs I structure ts erected or a use ts Bade $n the R-R Zone that ts first specifically permitted tn another zone classification, such structure or use shell meet the develolamnt standsrd~ and rulattons of the zone fn uhfch such structure or use ts first specifics117 permitted, unless such requtrmnents are hereafter motrifted. a. One 'fmt1~ residences shall not 'exceed 40 feet tn-heTght. No other butldtng or structure shall exceed 50 feet tn hetght, unless s hetght up to 75 feet for imtld~ngs, 105 feet for other structures, or greater than 105 feet for broadcasting antennas ts approved pursuant to hctton 18.34 of this ordnance. b. 'Lot Ares. One-half acre, with e mlnt.mum average width of 80 feet, lnclueing the ares to the center of adjacent streets, shall be the etaimam stze of any lot except as follo~s: (1) Publlc Utilities, 20,000 squire feet with I mtnfm~ enrage lot ~dth and ~_~p~b_of--~OO-feet, c, Automobile storage space sha]l be provided as required by SecUon 28.~ 'of thts ordinance, knended effectt yea 09-04-62 07-26-69 09-15-65 3~.39Z ~-2~70 01-Z9-66 (~d. 348.422: 09-30-70 0~02-67 :348.5Z8: 'Ord. 348.638) ,Oral. (Ord. 348.783 ) (Ord. 348.905) Fomerly Arttote Z Z!-ranumbered Art. V'and mended: 05-04-72 08-09-73 05-30.74 06-20.74 11-07-74 · 03-20.75 07-10.75 (Ord. 348.1023) 'Ord. 348.1189: 'Ord. 348.1327 'Ord. 348.1340: Oral. 348.1377 Oral. 348.1429' -:0 d. a48.14se: r 10.02-7S 12-10.75 02-03-77 04-21-77 09*08*77 04-1-2-79 '11-29-7g 07-02-81 11-11-82 12-23-82 05-19-83 08-02-84 10.06.89 22 :Oral. 348.1470' 'Ord. 348.1481. . Ord. 348.1545 . :Ord. 348.1S64: 'Oral. 348.1588' . Ord. .Oper. 01.01-80) Ord. 348.1968' ,0rd..'348.2104' 0rd.'348.2140' :Ord. 348.2162 .Ord. 348.2338' ~Orj:l. 348.3053) ATTACHI~':NT NO. 8 SECTIONS 8.1 AND 8.2 OF ORDINANCE NO. 348 GENERAL RESIDENTIAL ZON/NG STANDARDS ARTICLE VIII t-3 :ZONE (SENERA:. ItESIDENTIAL) The foil·ring regulstJons shall apply tn s11 R-3 Zones: SEerlOll e.1. USES' PERMITTED. · . The foil·vial uses shell .be perattted protided approval of · .lot plan Shall first hie been ·bratned pursuant to the provisions of ~ectlon 18.30: (1; Any use peat tied t-n the R-2 Zone. 32 Apartment Muses. ', Nonprofit clubs and lodge halls. r4' Frsternt-T~ led sorortV Muses. . S Hotels, mort Mtels, aed motelS. 6: Nora·r7 ScMols for prescMol day care. ,7, lesttroll·us for the aged licensed by the 'California State De srlment of Soctsl tieliar· or the County Deps truant of Public Veil fare. r ':! RedSca1 end dental off$'ces. Cht ropractic offices. ..10) Llv Offices. (11) Architecture1, engineering, end cmmontty planning offices; r protided there ts no outde· storage of materials, equipment, or vehicles, other than passenger cars. n Co gregate care. residential fatalities. Accessor~ buildings, to · spectfic permitted use, provtded that the accessory bulldtng ts established Is In tactdent to lprlnctpil use and does .not change the character of that use. - Ce On-alia slgns, offtxed to butldlng ells, stating the none of the structure, use, or Institution, not to exceed S percent of the surface' ares of the exterior face of.the vsll upon uhlch the Stgnts located. The folioring uses shall be peat tied protided a conditional use pemtt ts oh.lathed pursuant to this ordinance: (1) nobt)ehome parks, developed 'pursuant to kctton ig,g2 o~. this oro~ nanco. .. '2~ (De1 ·ted) " .3 Parking Ires for conmarcia1 uses. '~47 Everite uurse~ ache·l, chtld care end baby-sttt4ng facilities vhere ~3 or more unrelated children are kept under supervision'by · person ltcensed by the State De srlment of Soctal trial/are or Riverside County Department of PuE11c gall·re (bring an~ hours between S p.m. and 8 i'e'- (S) Congregate care residential fsct11Ues, developed pursuant to Section 19.103 of this ordinance. ee Planned residential d~velopments, provided · land dtvtston ts ·pproved' purSuant to the provisions of Ordinance No. 460 and the develo~ent standards te hctloe :~8.5 or :~8.6 of thts ordinance. f, Kennels ·rid celt·ties Ire pemtttad provided they ·re approved pursuant to the 'l~ovistons of Sectton 18.45 of this ordinance. Mended Effect1 ve: Z2-23-82 'Ord, 348,~)40' 06-28-84 Ord, 348,~34:Z' 04;04-87. '0 d, 348,2669' r 01-25-.87 ,Oral, 348,2543:. SECTION 8:2. DEVELOPI~NT 5TMDARD$, The telloving standards of develol2nent shall apply tn the l-3 Zone, except that planned residential develol~nents shell comply kdth the develol~ent standards contained tn Sectlee Z8. S of thts oral1 niece. ae The ate¶mum lot area shall .he 7200 square feet vlth a etalaura average vidth of 60 feet and I mtnlm~ average depth of :~00 feet, unless different mtntmums ire. specifically roqutred tna particular area. The atntm~ front and rear yards sh~11 be :~0 feet for Iwtldtngs that do no exceed 35 feet tn he1 hi. A~y rtton of I butldtn9 kd~tch exceeds 35 feet tn hetght Shall C set becC°fran the front and roar lot 1tees no less than lO feet plus Z feet for each foot by ahtch the betght exceeds 35 feet. The front litbeck Shill be measured frm any extstl~- or future street line Is sho~m on any spectftc street plan of the County. The rear setback shall be measured fr~n the extsttng rear lot 1tee or Iron any recorded alley or Is·meet; tf the rear 1tee adjotnsa street, the rear setback requlrment shall be the-sane as requt red for a front setback. c. The mtntmum ·1de yard shell be 5 feet for bJtldlngs that do no exceed 35 feet tn height. Af~ purl¶on of · Iwtldtn vhtch exceeds 35 feet tn height shall be set lack frm each side lot ~tne 5 feet I)lus 2 feet for each foot"b.v vhtch the hetght exceeds 35 feet; 1f the side yard adjoins a street, the stde setback requlrment Shill be the ·me Is requtred for I front letbeck. IIo structural encrelc~ents shall be 8 thts ordt niece. lie lot S~411 hie mere then 50 percent of 1Is net ·tea covered vtth ktldings or Structures. The mextaum rat1· of floor ·Tea to lot area shall not be Fester than tee to one, not tncluc~ng busmeet floor area. All itldtngs and structures shall not exceed SO feet tn height, unless ahetght up to 75 feet ts specifically peat tied under the provisions of hotlee X8.34 of thts ordinance. g. De1 eted. h. AutauobTle storage 'space shall be protided as requtred.ky SectSon 18.12 of thts ord1 nancl. - Mended 'Effecttve: 01-15.64 'Ord. 348.251: 01-19-66 06*07-67 09-23-70 09-16-71 · 05-04,-72 06-21-73 09-13-73 05-30*?4 12-10-75 04,-12-79 03-16-82 12-23-82 08-29-85 'Ord. 348,422' Ord. 348.507 ,Ord. 348.777 'Ord. 348.920, Ord. Oral. 348.1201' Ord. 348.1327. Oral. 348.1481 Ord. 348.1688:, :Ord. 348.2510) 43· ATTA~ NO. 9 SECTIONS 18.5 AND 18.6 OF ORDINANCE NO. 348 STANDARDS FOR HANNING RESIDENTIAL DEVELO PMEN'I~ & PLANNING RF~IDENTIAL DEVI~ O~ - SENIOR cll'~S 56 SEETIC)N 28.4. SPECIAL STUDIES Zl)NES - GEOLOGIC REPORT REQIJIREIkENT.~. a~ In addttton to the requirefleets of this ordinance, 811 applicant, s, fo~ a spectftc plan of land use, conditional use ~mlt, Wbl~c use permtt, plot plan or daveloment J~an or certificate of occu anc approval, for a project, as aloftned tn verstda Count/Ordinance C. ~7.. w~thtn a s#ectal studies z~ne dallneated by the State bologtst rsuant to kctton 26Z1 et seq. of the hbllc Resources Coda, shal~ucmply ~lth ,11 of the provisions of RIverside County Ordinance No. 541, and no Rmtt or ,ppmval subject thereto shall be ranted t except n accord, rice itth the Invtslom thereof. · be No application subject to the provtsfom of this sectton shall be constdared as cm leted for filthy, and the ttme' 11mtliattons for processing an application shall not be~4n to ~un, unttl all requt rments undar Ordinance leO. S47 have been campie.ted. SECTION 18.S. $TAI~RD$ FOR PLMNED RESIDENTIN. DEYELOPI~NTS. Planned residential clavelopments shall be constructed tn accordance ~lth the heretnafter 11sted requirements. In adriftton thereto, planned reslenttal davelopments shall be subject to, and shall canply ulth, such adctlttonal conditions and requtrments as a~e datermined to be necessl~ tn approvtng the development to make tt cmNttble ~th the camuntty tn ~hlch ttts proposed to be located. (3) A subdivision map, Prepared substantially tn ~ccordance with the conelttons of ~oval ~of and ~ ~qut~en~ of thts sectton, shall ~ ~coPMd W~uant ~ ordnance NO. 460. DENSITY, OPEN AREAS AI~ HEIGHT LIMITATIONS. Not less than 40~ of the net area of a project shall be used for open area or recreatlonal facilities, or a cg~btnatt0n thereof. The net area of. a project shall be 'datermined by excluding all streets, dr4ves and automobile storage areas, The total ember of d~elltn9 units tn a project shall not exceed that. uhtch ~ould be peat trod tf the project ere s standard lot davelopment. The hetght of bullSings shall not exceed that vhtch ts peattrod tn the zone tn ahtch the project ts located. The maxtam pealtrod danstt, y and hatght 11mtts my be reduced.If ttts datemined to be necessary for'a planned development to achieve compatlbtltty-Vtth the area tn ~htch the davelolaent ts located,' YARD SITBACKS, Butlding setbacks fro a ProJect's exterior streets and boundary 1tees shall be the sane as those prescribed by the zone tn ,htch the project ts located. In no case shall such butlding setbacks for any project be less than those prescribed tn the R-3 Zone. The.mtntmm butlding setlack fro tntertor drtves abel1 be ten feet. (4) STREETS, Streets, ~htCh may be pemttted to be private, shall be requt red tn accordance utth the prorlstons of Ordinance No.' 460. 149 (s) RESIDENT];& ST~JCTURES. The nanher of delltrig u~tts tn one butlding shell not exceed INo tn the R-2 Zone and all other zones that pemtt planned residential clevelolaents as me R-I use, or etght d~elltng uMts tn one lallding tn the R-2 end R-Z-A Zones. The nanher of dwell trig untts tne bUtlding tn the R-3 Zone and ell other zones that pemtt planned residential develoFments as an l-3 use shill not exceed that perufiled bJf the l-3 Zone development senate. liestdentta] buJldlngs shall have a Etateen' ground floor 11vtng area of ~000 square fat and each .. 'dNelllng untt tni butldi shell have the M.ntman floor 11vtng area requtred by betton Zn~.:l:~ of thtS ordinance. (6) RECREAT];ONAL BU];LDZIIGS. Recreational, 'publlc assembly and strutlet lull dingo may be perutiled Mthtn a project tf they are tntended for the prtmary use of persons rusldtng vlthtn the project and are located so us not to be detrimental to adjacent propert1 es. (7) IqAZNTENANCE OF CONteN AREAS. A cmnuntty ussoctatton ~lth the unqualified fight to'assess the ovners of the dvelllng untts for ell maintenance, operational and other costs of the cmnon areas facilities and the corntaunt association .shall and conttnuousl3 maintained. :iTAe ussoctatton shallbe established and have the rtght to 1 ten the get ts of the owners who default t n the' pe.v~ent of thetr assessments. The assoctatton's 1ten shall not be subordinate to any encmbrance other than a deed of trust or mortgage made tn good fatth and for value "htch is of record prtor to the recorderton of the lien of the ussoctatton. Prtor. to recordatton of the ftnal subdivision mlp, the developer shall submtt for approval the declaratlon of covenants, conditions and .restrictions for the project. The approved declaration shall be recorded at the ttme of the recording of the ftnal subdivision map .. (8). TRASH AREAS. Adequate enclosed trash ptckup areas, convenient to the residents "h1'ch they are tnten-ded to serve, shall be provided t n the project. SCREENZNG. A stx-foot htgh masonry wall shell be constructed on any project bUundery 1tee .here the adjacent property ts zoned for a lover residential denstrY then tat zone tn .htch the project ts located. HALl:HAYS. FIve-foot vide paved pedestrian kelkeys shall be Installed between the d~e111ng untts and the recreational areas of the project. (11) ACCESS. Vehicular access opentags tntoa project shall be 1trotted to one for each 400 feet of INbllc street frontage; however, al 1 projects she11 be pare1 tied be access ch-t yes regardless of the smount of frontage. (12) PARtiNG. An,mobile storage space requtred shall be as determined at the the of tssuance of the conditional use penn1,; hoeere tn no event shall there be less than 1.5 plrldng spaces for each one bedram ant t and not less than 2.5 spaces for each untt vtthtn be or ere bedrooms. The requtred parktrig spaces shall'he pro.ideal entirely vtth the develolaent. Public street purldug led tundra paricing shill not be counted tn this requt ranant, SECTION. 2.6.- PLANNED RESIDENTIAL DEVEL~NTS - SENION CITIZENS. (1-)' linen 'tt ls proposed by in p!tcant that eccupancy of a planned residential development belTtatted to sent. or citizens', the application for the land divtston shall tnclude the starmen, that the dayclaimant ts sad be 1tatted Senior Cltizen Residential Deve~rt~tapmelo~eapment. to to a (2) Senior CItizen Planned Residential Develolsents shall be constructed in accordance vtth a11 of the development requtrments.of Section 18.5, except as madtried herein: DESIGN. The overall development shall be designed for ease of use by persons of edvanced age.' Not less than one accessible route for the handicapped to all on-site facilities shall be protided. Idhere public fadlilies extst, such as bus stops, sidewalks and drop-off zones, accessible routes for the handicapped shall be provtded~ b. LOCATION. Developments shall he located tn areas vhlch offer servtces to the aged, such is transportation, shopping, recreation and nutr4tton proFens. . c. ELEVATORS. No buildtrig shall be constructed that exceeds one · stor~ in height unless it contains elevators for the use of the occupants. Residential buildings uhtch exceed one story shall provide add4ttonal elevators tf they Ire needed due to the. amber of untts or project design.proposed. Elevators shall he spiced tn order to stntstze the yolk trig 'distance frs the elevators to the residential untts. d. RECREATION. Camart recreational facilities or bullet rigs designed for senior clttzen use shall he praytried for the use of the occupants. HEDICAL. Ikdtcal offtces and convalescent facilities, not Including hospitals, say be required for the use of the occupants. f. PARKING. The rimhat of requtred an,mobile storage spaces shall be datemined tn accordance vith Sac,ton 18.12 of this ordinance at the time of the approval of the project; 151 however, n~t~dthstending any prorlston tn thts ordinance to the centrat/, I t~enty percent reduction tn the total n~ber of rkiutred vehicle perking spaces for residential Purposes maiy he allowed tf appropriate, end en additional five percent reduction may he allwed If the applicant proposes alternative senior ctttzen transportation progrms; hwever, tn no cue shall the reduction of parking slices exceed 25 percent of the total spaces requtred by Section 18.12 of this ordinance. Public.street parking and t4ndem pa-king shall not be counted in this rkiutranent. All rkiu~red perking spaces shall be located entirely ,d~Mn the development, .accessible to the units which they serve, and no parking space shall be located Bore than :t50 feet Iron" the untt it is des1 gned to serve. Parktng rkiut rments for other fact 1 ttt es vithtn the development shall be sub:tact to the provisions of Sectton 18.12 of this ordinance end may not be reduced. HANDICAPPED PARK:ZNG. Not less than ten percent of the required parking spices shall be designed and designated for use by the handicapped. Handicapped parking spaces shall be distributed evenly throughout the parking areas. AGE RESTP, XCT]:ONS. The covenants, concHitons and restr4cttons for the .cleveloFaent shall rkiutre that each permanent resident tn each d~elltng unit shall be 55 years of age or over. · I(AND]:CAPPED UNZTS. At least ten percent of the residential units shall be adaptable for the handicapped. Those units shall meet the standards set forth by the Deparl~ent of Noust ng and Comaant ty Dave1 opment, Tt 11 e 24,. Part Z Z of the Ca1 t forni a Aclntnt stratt ve Code. Amended Effect4 yea 06-28-84 (Ord. 348.234Z) SECT:ION 18.7. ZONZN6 FOR SENZOR C:I:TZZEN .DEVEJ. OPHENTS. lihenever a planned · residential development for sentor ctttzens has been COnstructed Pursuant to Secttons 18.5 and 18.6, or, whenever the Boird detemtnes that In area should be considered for sentor ctttzen zontng, the area Be7 be Set for hearing pursuant to the provisions of Sectton 20.:Z, et ski., to consider zoning that would 1tmtt the occupancy of dwelling units vlthtn the area under construction to the heretnafter 11sled mtntmum ages. kfhenever the zoning s3ebol tn a zone classification on any offtctal zontng plan map is followed'by the tntttals 'S.C.D." (Exanple: R-:I-S.C.D.), each dwelltrig untt tn the area so zoned, that is occupied, shall be occupied by.at least one person not less than 50 years of age and no person under :Z8 years of age shal~ pemanently restde tn any dwelltng untt tn the.:zoned area. 152 ATTA~ NO. 10 SECTIONS 19.101, 19.102 AND 19,103 OF ORDINANCE NO. 348 CONGREGATE CARE FAC~.rI~,q STANDARDS S~qTAPFRIPT'~I4TTM.pC. vrw ARTICLE XIXd CONGREGATE CARE RESIDENTIAL FACILITIES SECTIOI~ 19.101. INTENT. It is the intent of the Board of Supervisors in adopting this Article to provide alternative housing opportunities for those · persons. capable of independent living who do not need the level of care provided at convalescent facilities, The Board finds that this. Article will provide needed housing for those persons who have been identified as impacted groups by the Housing Elanant of the Canprehenstve General Plan. The Board also' finds that this Article will provide a stan. dard for.distingUishing between congregate care 'rest dentf el factlt ties and other mu1 tt-fmmtly uses. SECTION 19,102. DEVELOPNENT STANDARDS, The following starterda of development shall apply for congregate .care residential facilities. a. Density. The allowable clanstry for a project shall not exceed the density permitted by the un~rlytng zoning classification or the applicable General Plan Land Use Category, .whichever is less. b. Location'. The project shall be located in accordance with all applicable developmental and locattonal guidelines under the Comprehensive General Plan and shall be located in those areas which-offer appropriate services for the residents of these facilities, including necessary medical, transportation, shoppin;, recreational and nutritional progrms. c.. Elevators. No building shall be constructed that exceeds one story in height unless it contains elevators for the use of the occupants. Elevators shall be spaced in a manner which will minimize the walking distance from the elevators to the res'i dante al units. d. Dwel 1 i nq Units. 1. The net livable area for each unit shall not be less .than 4DO square feet for an efficiency unit, 550 square feet for a one-bedroom unit, and 700 square feet for a two-bedroom unit. 2. Not less than four percent of the residential units shall be ~aCcesstble. for .the handicappod, and all other units 'shall be adaptable for the handicapped. The hand-leap units shall '.be distributed equally throughout the project. All handicap units shall meet the stan~mr~ set forth in Title 24, Part II of the California Aministrattve Code. 3. Kitchenettes may be permitted provided that they are sized to meet the immediate needs of the occupants of the untt. 4. No more than thtrty percent of the units shall be efficiency untts. e. Hallways and Walkwan..Hallways should be kept to a minimum length to avoid the appearance of an overstz~ home or an institution. Five-foot wide paved pedestrian walkways shall be installed between the dwelltrig units and the recreational areas of the project. All hallways and pedestrian walkways shall be maintained with a mtnim~ of five feet of unobstructed width and 280 adequate vertical-clearance to provide unobstructed walking capability. Not less than one accessible route for the handicapped to all on-site facilities shall be provided. Hallways shall be designed to acc~nmodate the use of walkers, canes or .. other mechanical assistance. f. O n Space and Recreation Facilities. Not less than forty percent ~Fethe net area of the project.shall be used for open space, recreational facilities, or a combination thereof. Not less than twenty-ftv~ Nrcent of the required open space area shall be used for active recreational facilities, such as pool, spa, tennis, an0 'gardentrig.by residents. Recreattonal,.publtc assembly and similar .butl'o~ngs may be permitted w~l~htn the project if they are intende= for the primary use of person residing within the project and are located so as not to be detrimental to adjacent properties. Yard Setbacks. Building setbacks frun a proJect's exterior streets an0 boun~ry lines shall be the ss~e as those prescribe0 · by the 'zone in which the project is locate~; however, in no case shall such building setbacks for any project be less than those prescribed in the R-3 Zone.- The mintram building setback for interior drives and parking areas shall be ten feet. he Buildin, HetOht. The height of buildings shall not exceed that which is permitted in the zone in which the project is locate0. The maxim~n permitted height limits must be reduced if it is determined to be necessary for a planne0 development to achieve c~npatibility with the area in which the development is locate~. Trash Areas. Adequate enclosed trash pickup areas, convenient to the resio)nts which they are intended to serve, shall be provi~e¢ in the project· Trash areas will be screen, 0 by a six-foot high decorative bl ,ok wal 1. Screeninq. A six-foot high decorative' block wall shall be constructed on all project boundary lines to provide adequate security an~ privacy. The exterior side of all block walls shall -be coated with a protective coating that will facilitate the removal. of' graffi ti. Parkin;;. The ma~ber of required automobile storage spaces shall be determined in accordance with Section 1B.12 of this ordinance at the time of the approval of the project; however, notwithstanding any provision of this ordinance to the contrary, a twenty percent reduction in the total nanbar of required vehicle parking spaces for rest dentt al* purposes may be allowed t f appropriate, and an additional five percent reduction may be allowed if the applicant proposes alternative senior citizen transportation programs; however, in no case shall the reduction of parking spaces exceed twenty-five percent of the total spaces required by Section 18.12 of this orOlnance~ Public street 281 ~ parktng and tan~en parking shall not be counted in 'this requtranent. All required parking spaces shall be located entirely within the development, 'accessible to the units which they serve, and no parking space shall be located more than 150 feet frcm the unit It ls designed to'serve. Parking requirments for other facilities within the eveloi~ent shall be subject to the provisions of Section 18,12 if this ordinance and may not be reduced. Not less than ten percent of the required parking spaces shall be designed and designated for use by the handicapped; provided, however, that there shall..be It least one'desiilned and designated handicapped parking space provided for each' handicapped resident, Handicapped parking spaces shall. be distributed evenly throughout the parking areas. Access, The nanbar and location of vehicular access openings into a project shall be as specified by the Road Cemissioner, Projects must be located on a street with a minimum 66-foot rt ght-of-way. Supportive Services· Services that support the residents shall be provided· At a miniram the following services.shall be provided. 1. Laundry Facilities· One (1) washing machine and dryer shall be provided for every twenty (ZO) roans. 2. Housekeeping and Linen Service· At a minimum, weekly service shall be provi dad. 3. Cm~nuntcattons. A "panic button," intercam or other' similar device .shall be provi{led in each re;n so cmmanication with the central office/security desk. is available. 4. Central Dining. A central dining roe shall be provided. The size of the room shall be sufficient to accem~odate all of residents. The minimm roe size shall be the product of the proposed maximum nmber of residents in the facility multiplied by five square feet per resident; however, in no instance shall the central dining roam be less than 350 square feet. 5. Niscellaneous Facilities. The following services are pemi tted wi thin a Congregate Care Resi denti al Fatal i ty provided .they '~ not exceed five percent of the total building. of the. facility.. : I:)Barber and Beauty Shops'· Reltgtous Facilities. (c) Cammartial uses that are canparable with the proposed use and provide a service to the residents. Such uses may be open to the general publtc, Public Transit Access, A publtc transit turnout shall be included within the project's design, SECTION 19.103. DEVELOPNENT STANDARDS - INCREASED DENSITY. 19 above, unless otherwise 1tatted by I Cemmunity Plan, may be pemitted if the project meets the following additional gui de1 ands, 282 Area Services. The following services must be located t~e following prescribed ~stances: (a) ~gh~hood Shopping Center: 2/Z m~le. (b) Recreation-Facilities ~h mentt~es ~s~gned for ~he el erly:. 2 mtle. (c) ~spttal FacUlty: 20 m~tes by ~bl~c or ~vate tra~ ~ltt on. (d) ~ed~cal Settees (DoctorSchrist): ~o m~es. settees shall ~an the ~o~s~on o~ health care by 1teemed ra~ttt~onen at f~xe: locat~o~ ~ng o~ft ce hou ~. '(e) ' ~ency ~ces (F~armedtc): ftve mt~es mer~ncy ~h~cl~. (~) C~ntty ~r~ces (Soctal, E~cattona~, e~.): two mt~es. (g) Hass Transit Facility: (~) ~ a ~ductton ~n t~ ~qu~ed pa~k~n~ spa~es ~requested then the ~act~t~ ~us~ ~ ~oca~e~ (Z) ~ a reduction ~n the required pa~k~ng spa~es not ~quested, then t~ ~a~t~ty ~st ~ ~/Z ~e o~ the pro~e~t unless tra~at~on ~ s p~ov~ ~e~ by t~ ~a~ ~ tty. P~o~e~t Des~ n. P~o~ec~s p~oposed un~ thtS se~ton sha~ mee~ the ~o~o~n~ requ~en~s, tn a~on to a~ ' ~equtr~en~s o~ Sectton ~g.~OZ(c) through (n), a. ~n SDa~e. Pr~ va~e ODe~ SDace. Each unt ~ sha~ ~ ~ prov~ ~e~ p~vate us·able o~n spa~e. Pat~os sha~ ~ at ~eas~ ~O0 square ~ee~ tn .area· Balconies sha~ ~ a~ 80 square ~eet ~n area. (a) Not less than ~orty-~e ~cent o~ the area o~ a p~o~e~t sha~ ~ use~ ~o~ c~on o~n spa~e. Not ~ess than ~enty-~ive ~cen~ the required c~on o~n spa~e area sha~ .used ~or :act~.ve ~creat~ ona~ ~a~ 1 ~ t~ es, such as I>ool, spa, tennts, anti getdarting by restc~ents. · (b) :]ncloor recreational/leisure space shall be provtded tn the fore of a multipurpose or recreational ~oam. The stze of the roa~ sha~l be based on the ratio of 25 square feet of floor area per unit provided. Zn no instance shall the tom be less than 2,0DO square fee~. Access. The n~nber and location of vehicular access openings into a IroJect shall be as specified b~ the Road Cammtss~oner. Projects must be located on a street ~dth a minimum 66-foot :tght-of-vay, ~thtn 250 feet 'of a mass transit factl.tt~, or musZ prov~cie approprt a~e transportat1 on for rest dents. 283 Denstry. A denstry 1norease of :100 percent over that permitted tn Section 19.10;(a) above, unless othervise 1trotted by a Cemuntty Plan. may be permitted tf the project. meets the folioring additional gui de1 tnes. 1. Area Services. The following servtces must be located ~ithtn the fol lo~ing prescribed distances: a. Neighborhood Shopptng Center: :1/4 mtle. b. Recreation Facilities with anentties destined for the elderly: ]mtle. c, . Hospital Facility: 20 minutes by'public or private' tra ns portltt on, : d, Nedtcal Servtces (Doctor/Dentist): .one mile, Nedfcal services shall mean the provision of health care by licensed practitioners at fixed locations ~urtng standard office hours. e. Emergency Services (Ftre/Parenedtc): five rotnut.as by energenc,v yah1 cl as, f. Cemmuntty Serfices (Soda1, Educational, etc,): one mile, g. Hass Transtt Facility: (:1) Zf a reduction in the required parking spaces ts request,c: then the faciltty must be locat.ed vithtn Z50 feet of the project, (2) If a reduction in the required parking spaces is not requested, then the facility must be w4thin :1/4 mile of the project unless transportation is provided by the Pro_~ect Desicjn. Projects proposed under this section shall mee~ the follo~n9 requtrenents, in addition to all requirenents of Section :19.:102(c) through in). a. 0~;; Space. Pri vat, Open Space. Each untt shall be provided k-i th private us,able open space. Patios shall be at least :100 square feet tn area. Balconies shall be at least 8~ square feet tn area. (2) Con~non 0 en Space. (a) Not ~es.$ than fifty percent of the net area of a project shall 'be used for cmmon open' space. No less .than twenty-five.percent of the required crayon. open'space w~11 be used for active recreational facilities, such' as pool, spa, tennis, or gardening by rest ~nts. (b) ZnUoor recreationdill,taut, space shall be provided tn the form of a multi purpose or recreational tom. The size of the roe shall be based on the ratio of :15 square feet'of rioor area per unit provided. %n no tnst.ance shall the rom be less than Z,O00 square feet, be Access, The manbar and location of vehicular access openings into a project shall be as specified by the Road Cemisstoner. Projects must be located on a street w~th a minimum 66-foot right-of-way, wtthtn 150 feet of a mass transit facility, or must provide appropriate transportation for residents. 284 An 'increased dens~i ty pro.~ect must be located a Dtntn:u~ o~stance frm any other 1noreased enstty pro~ect equal to the proouct of the nmNr of untts' d the 1 arpr project multt pl ted by 50 feet; proridee, ~ver, that tn no event shall t~ m~ni~ ~stance '-Nteen an~ ~ ~nc~ased ~t~ p~jec~ ~ less than Z,320 feet. SECTZON 19,104, RESTRICTIOI6, a, The development shall be open to those Pasteants who ar~ capable of demonstrating th.e mental cmpetence end phystcal abtllty to leave a butldtng wtthout assistance of any other person,. b, The prO;ject propOnent shall not proride envy setrice ~h'ich would requ'ire' a 1'icense to be tssued by the.State of California, Th'is 'includes, but ts not 1'imtted to, the follovrlng: 1, Ass'istance tn dress'ing, groom(ng, beth'ing and other personal hygtene; 2. Ass'istence ~th taktng'med~catton; 3, Central stor'ing and ~strtbutton of meritcat'ions; 4. Arrangement of and assistance ~lth medical and clental care; and 5, Naintenance and supervision of restSant monies or property. Added Effect~ ve: 1-15-87 (Ord. 348.2643) 285. 'ATrA~ NO. 11 SCHOOL DZSTRICT T-~--l-rER S~VrAFF'P,z~7314T'Fi~.pC TEMECULA VALLEY Unified School District 8UPEIqlNTENDEkFT Pmrmml. Novotney. EcLD. BOARD OF EDUCATION Dr, Dav,cl Eu,cl~ Roi~ Vlnoerltllk Join F. Sparkmen Waft SwiCkll Mee~e, Barbara Tooker March 9, 1992 The City of Temecula Planning Department ' 43174 Business Park Drive Temecula, Ca. 92590 Attention: Saied Naaseh Subject: Change of Zone No. 21, Tentative Tract Map No. 27314 We would like to Take This opportunity TO address The above referenced Change of Zone and Tentative Tract Map submitted by the Linfield Christian School. This project consists of 50.4 acres subdivided into a nine (9) hole gold course and a senior citizen housing and nursing complex, · We are very concerned about the compatibility of This project due to its location -next to the Temecula Valley High School complex. This complex consists of the football stadium and other athletic fields, tennis courts, and the main campus. The footballstadium experiences heavy usage throughout the daytime and evening hours, and is contiguous to the proposed development. During the day, it is not uncommon for the high school to host pep rallies for the entire student body (over 2,000 students), as well aS. other activities which in the past have included U.S. Armed Services helicopter landings and "rock" bands. Evening activities include home games for the Temecula Valley High School football team, which. will now increase in frequency and attendance size due to the reconfiguration of the. league. Other athletics such as track and field competition and related sports are also common during daytime and evening hours; This stadium receives intensive use by The community, which includes football, soccer and related events. The noise level and bright evening lights from this stadium will adversley affect the quality of living for the neighboring project. The newly constructed tennis courts are due for installation of coin operated lights, and will be open to the community after school hours, These lights will contribute To the evening lighting situation which may also have a negative impact on this project. It should also be noted that the School's public address 31350 Rancho Vista Road/Temecula. CA 92592 1 {714) 676-2661 system is audible from The proposed development:s site,. and this system is utilized throughout the school day. Therefore, due to the extensive use of all of the high school's facilities throughout The year by both the school district and the community at large, we feel that the above referenced project is incompatible. Although we will not oppose this project, we would like to state that under no circumstances will we accept any' responsibility for the impact our stadium, tennis courts and other related facilities will have on the neighboring senior housing and nursing complex, nor will we conform To any demands made in the future should any of these facilities become an issue with this development. We also request that a full disclosure be made to any prospective buyer or renTer of this proposed project that The above referenced conditions exist, and that these conditions are not subject To mitigation. Thank you for your time and interest concerning this matter. T~.ecula Valley Unified School District Dr. Patricia Novo~tne Superintendent PNIbk ATTA~ NO. 12 · ARTHUR ANDERSON STtJDY DEV~ OPMENT PROGRAM RECO~A~O~ 59 Patio Residential ConSreSate Skilled BursinS/ Personal Care Senior Center Total T-4~iebi Site 240 30 200 6.75 78 ]..~t]. It/jL ll'/a 2.49- 5.1.8 52.68 7.91 29.63' 43.09 0.00 0.00 9.83 Source: A~berc A. Webb &Associates, LanTVeselyArchiteccs; Arthur Andersen ReaZ Estate Services Group. · he master pZan encompasses 52.6 acres vhich for desiSnpurposes has been segregated into five planninS-areu correspondinS to the di~erent uses included. PlanninZ Area Z, desiSned for active adult patio/tovnhome Products, has 30.34 acres, vhile PlanninS Area II, desiSned for the conSreSace care layinK faciliL7, has s total 6.'75 acres. 3~e skilled nursinS/persona~ care faciliLT has been planned on .1.al acres in PlinninS Area ~, vhlle r. he course encompasses ~1.29 acres in PlanninS Area iV. Finally, r~he senior 'community eenter vat. bin Plm-,t~ Area-V has been desjaZzed on. 2~49 acres. A total of. 5~8 dvellinS units are included in the master plan, yieldinS an overall densiLT of 9.83 units per acre. Active Adult Patiorlo~mhomes mnd Golf Course PlazminSAre$ I includes 240 patio/tovnhomes clustered in duplex and ~ourplex str~ctures, (See 2able IX-2). Each m~Lt has been desilnedvith a rear patio vhich opens up to either open space or loll course frontale. 2ovahome units DEVTL'T-fil~ pRO~TI'AM k,-CO .... --,uAqeZOlq~ have been p~aced at the interior of the fourpip- clusters to allow for second floor or loft ~ndov opportunities, Vhich is · major msrketin$ issue for ~hese tTpes of units vi~h patio units positioned a~ ~he end of clusters. Fourplexes have bean clustered in ~he Ticinit7 of 2olf course greens so ~ha~ .prime 2olf 'Course Vievs comp.easate for higher densities vi~h respect to pricing. and' marke~abilitT .' FOur to five floor pin are recommended for Uhe developmant, wi~lx an average unit size of approximately 1,150 square feet. An average base price of j105 per square foot in 1992 dollars is ~hought to be achievable wi~h an average unit premium of jl0,000. The recommended phasing plan calls for r~hree incremants of developmant, each vi~h 80 units and constructed in successive years from 1993 to 1995. Monthly absorption 'is estimated at five to eight units. A 5,000 to 6,500 square foot recreational facilit7 should be ~he canterpiece of ~he communit7 of'ferin2 a range of exercise facilities along vi~h activit~y rooms for billiards, cards and related activities. the golf copse usocial:ed vit. b the de~elo:ime~t ~m a ~1 ~e ~ole ~e~. a ~272 ~ul ~ee, ~ to s 15 ~:c~c dtaco~c ~m daily g:e~- fees ass~ 40 ro~ ~~, ~s ~ fee ts rec~ed u a dtsco~ proZru .co ~eo~ers ~ ~e c~~,.. ~ 1,200 squre 'foOt. pro. shop/s~arcer Zaci~i~ is rec~~ ~or ~e Course~ No fo~ or beverage facilities are recom~ed for ~co~oraci~ in ~ sca~er faci~i~ based on its prox~i~ ~o residnCial ~s, LIt. hough ve have noc completed aa/y market Investigations vtr. h respect to r. he potential performance of r. he course, ve believe r. bat it is · communtLT amenity vhtch vtll produce stgnlftcan~ value, Eve as a sam11 course it* provides r. he cormunity vir~ enhanced marketability to s. ~arge~ m~rke~ vhich is keen on recreational activities and lifesLTle and alloys ~he project ~o compete . eff. ec=ively vi~h or~her competitive communt~ies offering i similar amezit7, In addition, ~he course produces .substantial financial returns for the proJec~ by allovin& frontage premiums for ~he patio/~ovnhomes aside from the opera~ini revenue generated by r. he Course .i~self, Conareaa=e Care T.tVtne Factlttw A 200-unit Con2regate Care Living Facility has been designed in Yl"'""t-! Area II, (See Table IX-3), vith the unit miz of 40 studio units, SO 1-bedroom units, 80 2-bedroom mLi~S and a common area of 25,000 square feet. ~he averale studio ~Li~ size in the proJec~ has been designed at 420 square feet~ while the average 1-bedroom is 650 square feet. Units vtth 2-bedrooms have been designed at 1,000 acidare ~eet. Gmmon c'ea ~eaturea :L~ 1:he proJec". are recomxended tuclu~e k/tchen facilities of approximately 1,000 square feet, dining v! .th seatin2 capacit7 of 130 interior seats and erieriot patio 25 seats. Recreation facilities should iuclude: ac~ivit7 rooms for ~ards, television, library and billiards; .service facilities such as .a beauty salon, barber. shop and conv-ntence store: an exercise facility, a. pool/spa~ and men's and vomen°s locker rooms. Achievable mon~J~ly rental rates expressed in 1992 dollars are esthnated at g998 per montJx for stud/o units, gl,500 per month for i bedroom units and g2,037 for 2 bedroom units. An achievable double occupancy fee is at g475 in 1992 dollars. Stablized occupancy .has been projected at 90 percen=, occurtin2 in 1996.' The recommended service packa2e included in the montaxl~ rontal' fee meals per month, veekl~ mid and linen service, unit roedice/alert utilities .and scheduled transportation. DF.A"Ip,JflrIrX' 'PRI~pAWI 'gql~C'O Pm'vm4~l ~rea II Con/relate Care Livin/racilit7 Develoj ,,t_ tro~ lec,: -'-~ions 200 Averm~e ga.'Lt Size - Studio - !'Bedroom- - 2-Bedroom 420 eq. :650 eq. ZOO0 mq. Unit Mix - S~udio - 1-Bedroom - 2-Bedroom 40 80 80 Percentlee 20o02 40.02 Bates (Z992) Studio 2-Bedroom 2-Bedroom Double Occsz;mncy (additional) MOnt:hlV $ 998 2,502 2,037 · 475 Per So. Ft. $ 2.37 2,31 2,04 Sr~bilizedOccupmlc7 Subilized Year Service Pac]mSe Included hlntiX Fee: - 45 fiNesis Per Month - Weekly MAid mad Linens - Unit Medical ilert Systems - Utilities - Trauspoz~ation izet Features .'. MArketinS Office rdtchen' Facilities' D~dml Facilities Lo~nBe/Canl Room Exercise Boom Salon tad Barber Shop Library T.V. Room idministrsti-re Office Convenience Shop Mail Room BiLllard ROom Pool/Spa Men's Locker Room Women*s LoCker Room (Joint v~th m]~ed mJ-u6 fae:!.lJ.t'y) 90.0~ 1996 25,000 sq, ft. ~,000 eq. ft. 155 seats 175 spaces DlSrrr.n~ FIOCi'AM led Nur~i~e/Personal Csre F.-ci] 50-bed skilled nutsin2 facilit7 linked ~ole~er ~ 5~t persoul ure facili~ is rec~ed h pl:-e4~ ~ III, (See Table ~). ~e l~e be~e~ ~e ~o facili~ies Is a ~,200 s~e fooC c~ area desired -a~inis~ra~ive o~f~ces, a d~ facili~ ~' 60 seats, ~~ faCili~ o~ abouc 600 sq~re ~eeC, a lo~e~ ro~'2 a libra~. ~e s~lled nursi~ facili~ is reco~ed ~o bye 6 pr!vace ro~ ~ ~ s~-privace roon. ~e axerqe size of bo~ ~e pers~ c~e ~cs 2 ~e ~lled nursi~ roon are es~aced a~ ~0 s~re feeu. The ackievable avera2e monthly service fee for personal care x~t~s iS esCfinaUed at 52,055, while skilled nursin2'ra~es for private and senzi-private accommodations are estima~ed at 5125 and 2100, respec~ively (1992 dollars). Based on the occupancy charac~eris~ics of o~her facili~ies, an occupancy mix the proposed facility has bean es~ima~ed as 50 percan~ privaUe insurance, 37 percent HediCal and 13 percanS Medicare. S~ablized occupancy has been projected at 90 percent for ~he skilled nutsin2 facilit7 and 85 percen~ for ~he personal care facili~y. The first s~ablized year for bo~h ~he personal care ~acilit7 and ~he skilled nursing facility is projected ~o' be 1996. TAN~IX-4 Nunbet of Skilled BursinS Beds - Private . -~Sesd-Privace '~ !haber of Pe~ _,?,-'t Gaze Un:l. ts AveraSeDniC Size - Personal Care - Sldlledllursing 2killedluraingDaJJ~late8 C1992) - Pri?a~e - Semi-Private Room Pmonal Cue~m-hl~Service Fee (1992) - - Single Occupancy. - Double Occupancy (additional) Skilled lluntxqOc~M.'l.z - Private Insurance - NediCal - NediCare S~abilized - Skilled Nutsin2 - Personal Care S~abil~zed Tear C~ .flu Feecoru AdlLtniscrative 'Offices Dixdn2 Facilities (60 seaca) r~itchen Facilities (1,000 sq. Lounge Area/T.V. Room Library .. 50 6 44 5O 400 sq. 400 sq. $125 95 $2,055 $450 85Z 1996 12,200 8q. Senior-0rie~ced Co~,micv Center A 2.49 acre parcel mz T. he site has ben se.C_ aside for development as a senior- oriented corntumult7 caster. It is us~md Chac this parcel will be deeded Co ami developed b~ the CiC7 o~ Temecula. Cmaversscions with individuals in the CiCT's parks and recreation-department ideatilled Che coammicies of lrvine and Rucho Bernetrio as having model facilities and prolrams. As pare of our market analysis ve conducted a survey of the ceaxcers ia these communiCies u yell as a number of others. In general, the facilities ra~ed in size from approzimacel~ 10,000 co 15,000 · square feec, situated on between 1 and 2 acres. T~pically, a cenuer consists a large multi-purpose room, card room, libra7, kitchen, and adminiscracive offices. In some facilities There is a cma~erence room or larSer auditorium' as well. The centers provide a .wide array of recreational proSrams and activities in addiCiom co.a daily hoc lunch program. These accivicies include card clubs, educational classes, exerCise'classes,. doctor screenings, legal advice, shopping and site-seeing excursions. The facilities provide services co.becWeex 100 and 250 semiors daily. Facilic7 profiles for chose senior centers surveyed follows. Basic Features SUBJECT TO CP, ANGE IRVINE SENIOR CENTER Irvtne, CA Summary of Services Nov-91 0perfdng Hours: 8:00am - 5:00pm M-F Contact Person: JarL Calhoun Size: Approximately 2 Acres Telephone Number: 714/724-6800 · Building:. 11,000 SQ FT . Addr~__-_-: 3 Sandburg Way ..; . Single Story . Irvine, CA Year Built: 1978 (Culver & Sandburg) Recreational Facilities The ii~ucture consifts of 2 offices for the full*tim personnel and I office for the staff; a conference room; a card room with an approximate capacity of 110 persons housing 10-12 card Tables seating 4 persons each; 8 multi-purpose room with an approximate capacity of 175 persons; a library;, 8 full service kitchen; and a ballroom with a stage. Recreational PTogmmslAcdvtties Programs Coordinated with Local and State Programs City-Sponsored TRIPS Progreta Outreach Program Live Bands Playing Big Band-Era Music Language CJasses Relaxation Classes Aerobics Billiards · Food Services Bingo The center offers a daily hot hunch meal program serving approximately 40 persons daily. The price for the meals varies with age (i.e,, Senior / Nonsenior) and hot verses cold. Comments Last year, over 1 O0 volumeere donated more than 25,000 hours. In adcltdon, much of the equipment and furniture used by the center am dormad, The mating varies as The number of ssnim and the number of program offmad varies. Another source of ftmda ls through rental income for the use of some of the facilities for weddings, receptions, meetings, workshops. seminars, classes, etc. SUB.iF..CT ';'C) Basic Features Opersdng Hours: She: Building: Year Built 8:30~m - 4:30pro M-F Approximately 1 Acre 'SQ FT Not Available Sin01. Stow 1989 Contact Person: Telephone Number: Address: Fencis Bass 6191 487-9324 18402 Bernardo Ddve Rancho Bernetrio, CA 92127 Recreational Fedides The structure consists of Ipproxinmtlly 6 offices, 3 of which ~ TO the.senior center for me Director, Office Manager, and Staff; a large multi-pumas. room (hag) with an appro~mate capacity of 130 parsons; 8 smaller multi-purpose room (hall) with an approximate capicily of 30 persons; a patio for certain outdoor functions; a small computer room; a smafi kitchen with basic appliances; a separate privately-owned liebowling facility;, and l separate privaTely-owned Tennis court fqcility. Recreational Pro0re,,.slAcevide Dances Cards (Bridge, Pinnocle,. Etc,) Fund Raising Events (Bake Sales, Waik-a-thons, Etc.) Excercise Classes (Aerobica, Karate, ETc.). Medicare Consultation %~fKIow / Widower Group Meadrigs Travel Club ( Small Tripe) Educational Classes Writing, Geography, Etc.) Fashion Shows Bingo (Fridays) Computer Classes Legal Advice Doctor Screenings Lawn Bowling Tennis Food Services No Daily Services Pot Lucks and Picnics. are Common Comments Employees: Full-Tim Director NIl-Tim Office Manager Part*Tim Maintenance Assistant Part-T~ne Representative ProVided by Adult Protective Services Varying Part-Time Staff Depending on the Daily Activities This is a very active senior co.mr with dab/vide approximating 100-200 persons. There are approximately 100 regular volunteers providing over2,000 hours of service per mr:' Staff and volunteers put out a monthly newsletTer I calendar to all members. The laced Chamber of Ca.mere. distributes limited copies of the newalert. r, end all others ale mailed to the members only. The center receives no funding from the city and minimal funding from the state. It re~as mainly on limited donations, extensive fund-raising, and periodic hall renteLi. The center is 2 Years old and has approximately 1500 members. The center's equipment and furniture are both donated and purchased. E~b Features Operating HourS: Size: -. Building: Year Built: · :00am - 5:00pro M-F Approximately 2 Acres · 15,400 SQ .IT Two Story 1989 (New} The struc~Jra is approximately 28~300 ere feet in size, I~Wevir, the eanie' center'only occupies 54% er 15,400 ~luare feeT. The structure consists of · reception area; I lounge. with · fireplace, sofas,. chairs, end · big-screen TV; en auditorium whioh b 2,500 e4uara feet in alz8 end divisible into 3 smaller mores if needed; 4 of fie, - 1 far the coerdinamr and 3 re' approximately 5 other fall- and gert-time mzff; a small conference mum; an art studio; a dance studio; · game room; an outdoe' courtyard with badaM faciliti,; · ribraW; · full-sea kitchen; and · dining room which is 2,500 solera feet in size. Recreational Programs/Activities Bingo Card· Exercbe CLssse· through Mar·cost· College Foreign Language Classes Musicals Dance· Doctor Screenings [Skin, Eyes, Etc.) Am end Crafts Movie· Legal Counseling (Mainly WilLs) Various Seminars Board Game Insurance Counseling Travel Premimations Nu~,;~n Program Bus Services Food Service Lunch is served daily to seniors for · donation of $1.50 and to all others at · cost of 42.50. The' aversge menu consists of an aplxlizer, main course, hit.. vegetable, occasional dam and · choice of milk, ms, or coffee which is served to approximately 150' persons a day. -Them is also · daily 'meals on wheels". program in which meals are derivered to the homes of al~mximatsly 50'senior· who are unable to. visit the center. Daily meals era not cooked at'me center but ·re catered in from me local nu~,~0n center. Comments Full-Time Employees: C, oordinator Secretary Ntmtdon Site Manager Part-Tune Employees: 2 Facity Maintenance An·slam· 3 Ven Drivers MancOl.,jut All·tint to Coordinator 2 Receptionists The center tax approximately 15G. reOuler volunteers who dotram over 3,000 hours of malt time per year. The center receives most of its funding from the city parks 8ncl recreation fund as welJ as Ijmi~ad grants from the American Agency on Aging. Additional avenues are eblained Through faciliZy rehi, ts fix weddings, receDtions, meetings, etc. The .building is Misted with the Car·shad Unified Scheol Disaiat as well es the local nu~,;~;on center. A newdetw / calendar is distributed to all members on a menthlv basil. Basic Features Operating Hours: ' - S~-e: Building: Year Buil~ 8:00am - 4:00pro M-F · Approximately 2 Acres 13,000 SQ FT Single Stow 1980 Cornam Person: Maureen Telephone Number. 6191966-4144 Address: 455 Country Club Lane 0ceanside, CA 82054 The structure consists 'of 3 off'ms - 1 housing .the Dimmr, I hOusing the Assistant Dimmr, end I housing parslegels, tax adviers, and insurance advisors; a large m~lti-gumoss room used for the nutrition and recreation progrants with mn approXimate capacity of 240 persons; a randlet multi-purpose room divisible into either 1 large room wiffi an approximate capacity of 150peruone or 6 smaller room with an approximate capacity of 30 persons each; a full-service kitchen; and an outdoor facility for shuffleboard and horseshoes. Recreational Programs/Activities Seminars (VVilson Trust, Social SecuriTy, Medicers) Exercise Classes Line, Round, and Tap Dancing Cards Board Game Blood Pressure Tests Ear and Eye Exams Fund-Raising {Craft Fairs, Pancake Breakfasts, Raffles) Travel Program Legal Counseling Edumtional Classes Arm and Crafts Choir Group Nu~,;iion Program Shuffleboard Horselhoaa Food Services Lunch is served daily to seniors for · donation of $1.75 and to all others at a cost of $2.50. The average menu consists of an appetizer, main come, fruit, vegetable, dessert, and · choice of milk, tea, or coffee, There ls also I'dally "moais on wheels" program in which meals are delivered to the homes of those seniors. who are unable TO viSiT me center. Comment~ Full-Time Employees: Director Assistant Director Maintenance Asiarant PaR-Time Employees: 2 Additional Maintenance AssisTants The carrier has at leeat 12 regular volunteers on a daily basis and alaproximaTely 200 each month. In addition, a volunteer or senior, member donates time daily as the cenTer'a receptionist. The mr receives STate funding mainly for its nui,;i~on center and very limited city funding. IT does rabe additional funds through the rental of ill facilities tot weddings, raceDlions, meetings, etc. The income derived trr rsrrtai activities ls given beck to the City of Oceanside for use in various city ptog~m,4 such as the aenior center. A newsletter / calendar is distributed to ell .b.e.,d~s.& on 8 mO,,bLdy basks. Basic Features Operating Hours: She: Building: Year Built:. BJE T TO CNA.NG ' ' 9:00am - 5:00pro M-F -Approximately '2 Acres Approximately 15,000 SQ FT Two Story 1976 Comct Person: Telephone NumbeP, Adclrees: Ron Cole '714 / 929-0086 305 East Devonshire P.O. Box 387 Hemet, CA 92546 Recreational Facilities The structure consists of 7 offices utilized by the enter manager, information manager, volunteer · coordinator, nu~;~;on manager, ind vsrioul full. and I}art-time sixif;, 8 multi-purpose room with an approximate capacity of 400 persons (divilible into 2 rooms if needed); i senior wing with an approximate capacity of 200 persons (divisible into 2 rooms if needel: a. dining room with an appmximam capacity of 180 parsons; and a full service kitchen. Recreational ProgremslActivitie Nutritio~ Program Prime of'Life Program Blood Pressure Tests. Medical'Seminars Occasional Doctor Screenings Outreach Program Travel Program Housing Program Sunday Sing-Alongs Bus Services Retired Senior Volunteer Program ArmsndCrafta Partners Help Program Cede " Board Games Dancercise Swinging Singles Group Bgliard$ Dance Cia~es Food Services Lunch is served daily To seniors for a donation of $1.50 and To all others at a varying rate. The average menu. consists of an appetizer, main coerce, fruit, vegetable, dessert, and a choice of milk, tea, or coffee. There is also a daily 'meals on wheels" program in which meals are delivered To the homes of those' seniors who are unable to visit the center. ' Comments Full-Time Employees: Center Manager Information Manager Nutrition Manager Volume Coordinator STaff Assistant Part-Time Employees: Rental Assistant. for Set-Up end Cleaning The canTer has approximately 12 dail~ volumesre assisting as many ms 400 daily visitore.' The center receives a decent amount of city Jnd state fuming and also has an occasional fund-raiser. In addition to the employees listed above, the center also contracts with a local cleaning company for representatives to come and clean the facilities on a regular basis. A newsletter / Galende is distributed To all members on a monthly basis. Basic Features Operating Hours: '~ 8:00am - 5:00pro M-F Contact, Person: K~ran S'.;e: -. . Approximately 2 Acres Telephone Number: 619/323-5689 Building: 12,000 SQ FT _ Addmax: 480 South Sunrise 'Single Stow him Springs, CA Year Built: 1990 92262 Recreational Facilities The slzucture 'consists of eppmximmaly 6 offices which' are u~ed by or for (1) The executive director, (2) the administrative aistsnt, (3) the 0utreach director, [4) Board meetings, (5) special meetings, and (6} 6 office staff;, main lounge with a fireplace, sofas, end chairs for small conversations; an auditorium with an approximate capacity of 285 persons; a multi-purpose room with an approximate capacity of 150 parsons; s full-service kitchen; a library; an ar~ and crafts room; a community room; and 5 counseling rooms. Recreational Programs/Activities Medical Counseling (Medicare, Prescription Drugs, Etc.) Medical Screening Blood Pressure Tests Dance Classes Exercise aasses Arts and Crafts Classes Distribution of Local Travel Agency Discounts Fund-Raising {Senior Olympics. Black-Tie Ball, Senior Expo) Seminars Bingo Foreign Language Classes Orchestra Group Choir Group Board Games Cards Food Services Lunch is served daily to guests of all ages fo~ a donation of $1.50. The average menu consists of an appetizer, main course, fruit, vegetable, dessert, and. s choice of milk, tea. or coffee. Comments Full-Time Employees: Executive Director Administrative A~simant Outreach Director Secretary Maintenance Assisr3nt Part-Time Employees: Trde 5 Program .Representative Provided by The City of Riveraide The center has approximately 100 regular velunteere each month. ApproxinllTIiy 150 SeniOrs visit the center each day. The center ,receives limited city Ind state funding. It raises some revenue through fund-raising activities and me remainder Through the rental of its facitilites for weddings, receptions, etc. A newelattar./calendar is distributed to ell members on a monthly basis. ATTA~ NO. 13 ~sc~,w.~,ovs co~x~c~ S~TA~I4TTM,pC 4JQ. I.1B July 2, 1992 Mr. and Mrs. Robert Pipher 41825 Green Tree Road Temecula, CAlifornia 92592 Dear Bob and Dotti~: Jim Adare and I would like to thank you for taking the time to meet with us on the 10th' of June. We appreciate you positive comments re~arding our plans for the development of the school property. We want to build a facility here that will blend in well with our community and our neighborhood. If you should have any other questions, be sure to ca!!. Also, we will keep you informed as we progress. Sincerely, Kim W. 'Eldridge Director of .Development 'P. S. We will be setting up a meeting with John and Lindy Telesio when Jim returns from his trip. :~!950 Pauba ~oad I Temecula, C.,alilorm 92592 1 71,1..67(>.8111 July 2, 1992 Mr. Ken Lewsader', President Villa Avanti H.O.A. c~o Elite Community ManaEement 27710 Jefferson Avenue, Suite 106 Temecula, CAlifornia 92590 Jim Adare and I would like to thank you for taking the time to meet with us on the 17th of June..We appreciate your positive comments regarding our plans for the development of the school property. and we hope the colored picture of the project was helpful to you in showing our plans to your board. As The Lirdield School grows, we desire to be a good community neighbor and we would appreciate any concerns or comments as we progress. Thanks again. Sincerely, Mr. Kim W. Eldridge Director of Development te 31950 Pauba Pad I Tenzn~ Cdifvmin ~25~2 1 714-676~8111 "D*' )iMENT 'FUND, RALPH DOIEINEITE C'.htol Ex(~.u~wI OIl~-'er July 14, 1992 Mr. K~rel Lin~emans city of Temecula 43172 ~usiness Park Dr. Temecula, CA 92390 To the Temecula [lanning Committee and City Council: As Chief Executive Officer of Church Development Fund and Founder of Christian Retirement living,.Inc., I assure you of the vital interest of the Christian Churches of the states of California and Arizona in the Senior-Oriented Residennial Community of Temecula. We have been earnestly seeking a place for the senior members of our 250 churches in California and the 60 churches in Arizona. This development on the Linfiel'd Chriz=ian School property appears to be the ideal location. I have carefully perused the Market and Financial Analysis and Recommendation for this project prepared by the Arthur Anderson Co.. of Los Angeles. I am most impressed with the quality and thoroughness of this presentation. It is my hope that the Planning committee and City Council of Temecula will give the green lig)lt to this most needed development. The combination of Patio/Townhomes, Congregate Care and Skilled Personal Care complex will provide a unique community for the growing senior population'of SOuthern california. We would bemost pleased to direct the Senior members .of our churches to take residence in such a community. neerely 'rs, RD: lrl A Financial Meislry Sef~ the ~ CNItgflel of CIlitOrlNI 905 S. Euclid Slreet. Fullerton. C, allfomia 92632 TeloDtmne: (~'14) 44%0804 · FAX (?14) 447-8585 ATTACHMENT NO. 4 DEVELOPMENT FEE CHECKLIST R:\S~STAFFRPT~ICZ. CC 6/1/93 klb 9 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TENTATIVE TRACT MAP NO. 27314, AMENDMENT NO. 3 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 ADDrOval Condition No. 15 Condition No. 5 Condition No. 89 Condition No. 84 Condition No. 5 Condition No. 98 Condition No. 42 R:\S\STAFFRPT~21C2.CC 611193 kro 10 ITEM NO. 15 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager /f~Tim D. Serlet, Director of Public Works/City Engineer June 8, 1993 Temecula Shuttle - General Public DiaI.AoRide Proposal RECOMMENDATION: That the City Council review the attached proposal submitted by Temecula Shuttle to implement a General Public Dial*A-Ride Service and provide direction to Staff. BACKGROUND: Temecula Shuttle is requesting that the City Council award them the exclusive right to operate the Dial-A-Ride program as described in the attached proposal for a period of five (5) years. The proposed public transportation service would consist of a fleet of radio dispatched propane-powered mini-vans that would be available from 6:00 a.m. to 11:00 p.m. on weekdays and from 6:00 a.m. to 2:00 a.m. on weekends, 365 days per year. The vans would respond to calls on a first-received basis and would also provide regularly scheduled pick-ups on a daily, weekly, or monthly basis. The system would operate exclusively within the City Limits of Temecula with the possible exception of areas like local hospitals or the police station. The Public/Traffic Safety Commission has reviewed the proposal and listened to a presentation but did not take an official action on the proposal. Temecula Shuttle anticipates that the pilot program consisting of two vans could be operational within ninety (90) days of Council approval. To implement the proposed program it would be necessary for the Council to appropriate approximately $110,000 to purchase vehicles, equipment, and advertising. The proposal anticipates that the City of Temecula will pursue Transportation Development Act funds through the Riverside County Transportation Commission to fund the program's annual operating cost. The additional revenue generated through the fare box may be used to expand the program. The program as proposed would place the operator in charge of all day-to-day operations (similar to the City's waste contract) with the City being responsible for setting fare box -1- PwO5~agdrpt~93~ehuttle.tem 060193 revenues, advertising, program administration, and pursuing grants funds. The cost analysis attached to the proposal indicates that the average annual cost for a three {3) year period would be approximately $252,000. While a General Public Dial*A-Ride system can reduce traffic congestion, air pollution, and provide greater flexibility to the traveling public, there is still a question as to whether this service is cost effective in Temecula at this time. No statistical data was submitted with the proposal to indicate a magnitude of demand. The cost analysis also does not take into consideration the additional City expenses necessary to monitor and administer the program. The additional City incurred expense could increase the annual cost of the program by $75,000 a year to $327,000. After reviewing the proposal, the Council may wish to request qualifications/proposals from various operators that provide this service to obtain the most cost efficient service prior to entering into an exclusive contract with any one them. FISCAL IMPACT: The proposal requests a one-time appropriation of $110,000 to cover start-up expenses. The average annual operating expenditures may be funded through Transportation Development Act grant funds. ATTACHMENTS: 1. Temecula Dial-A-Ride Proposal 2. Public/Traffic Safety Commission Minutes 3. Temecula Shuttle Letter 4/27/93 - Fees 4. Temecula Shuttle Letter 5/10/93 cc: Public/Traffic Safety Commission -2- PwO5%agdrpt%93\ehuttle.tem 060193 Chairman Guerriero asked that a report from the Fire Department on the '"first responder" be placed on the next available agenda. 3. Temecula Shuttle Ed Dool, owner and operator of Temecula Shuttle, gave a Presentation on a proposed Dial-A-Ride service which he will be presenting to the City Council and distributed a copy of a transit rider survey which is currently be conducted. Mr. Dool explained that he will be asking the City Council to approve funding for two vehicles and $20,000 for start-up costs. Chairman Guerriero asked Mr. Dool if he had contacted RTA about a Dial-A-Ride service which could be implemented in Temecula. Mr. Dool stated that Temecula is scheduled for a Dial-A-Ride program in 1995 through the RTA. Chairman Guerriero stated that he would like to see the results of the Transit Rider Survey. Chairman Guerriero declared a recess at 8:25 P.M. The meeting reconvened at 8:35 P.M. City Parkina Ordinance Sgt. Jim Domenoe distributed a copy of Ordinance 91-16 and asked that the Commissioners review the Ordinance and make suggestions for possible modifications or amendments, which will be brought back to the Commission for discussion. Chairman Guerriero suggested that the Commission, working with the Police Department formulate a weekly "Traffic Safety" column in one of the local newspapers. Director Serlet suggested that staff discuss the idea with the local newspapers' and report back to the Commission. e Soeed Humos Tim Serle't presented the staff report. He suggested that staff prepare a Speed Hump policy for review and discussion by the Commission. Chairman Guerriero stated he would like to tour the areas where speed humps which have been implemented in San Diego prior to discussing a proposed policy. P/TSMIN02/25/93 -2- 3/06/93 Chairman Guerriero asked that a report from the Fire Department on the "first responder" be placed on the next available agenda. 3. Temecula Shuttle Ed Dool, owner and operator of Temecula Shuttle, gave a presentation on a proposed Dial-A-Ride service which he will be presenting to the City Council and distributed a copy of a transit rider survey which is currently be conducted. Mr. Dool explained that he will be asking the City Council to approve funding for two vehicles and $20,000 for start-up costs. Chairman Guerriero asked Mr. Dool if he had contacted RTA about a Dial-A-Ride service which could be implemented in Temecula. Mr. Dool stated that Temecula is scheduled for a Dial-A-Ride program in 1995 through the RTA. Chairman Guerriero stated that he would like to see the results of the Transit Rider Survey. Chairman Guerriero declared a recess at 8:25 P.M. The meeting reconvened at 8:35 P.M. City Parkina Ordinance Sgt. Jim Domenoe distributed a copy of Ordinance 91-16 and asked that the Commissioners review the Ordinance and make suggestions for possible modifications or amendments, which will be brought back to the Commission for discussion. Chairman Guerriero suggested that the Commission, working with the Police Department formulate a weekly "Traffic Safety" column in one of the local newspapers. Director Serlet suggested that staff discuss the idea with the local newspapers and report back to the Commission. Soeed Humos Tim Serlet presented the staff report. He suggested that staff prepare a Speed Hump policy for review and discussion by the Commission. Chairman Guerriero stated he would like to tour the areas where speed humps which have been implemented in San Diego prior to discussing a proposed policy. P/'FSMINO2/25/93 -2- 3106193 MINUTES OF A REGULAR MEEFING OF THE CITY OF TEMECULA PUBLIC/TRAFFIC SAFETY COMMISSION HELD APRIL 22, 1993 A regular meeting of the City of Temecula Public/Traffic Safety Commission was called to order Thursday, April 22, 1993, at 7:00 P.M., Temecula City Hall Main Conference Room, 43174 Business'Park Drive, Temecula, California. The meeting was called to order by Chairman Ron Guerriero. Commissioner Knopp led the flag salute. PRESENT: 5 COMMISSIONERS: Johnson, Knopp, Perry, Sander, Guerriero ABSENT: 1 COMMISSIONERS: Holliday Also present were Director of Public Works Tim Serlet, Traffic Engineer Ben Dobbins, Fire Chief Jim Wright, Battalion Chief Mark Browdowski, Officer Mark Legget-t, Temecula Police Department and Recording Secretary Gall Zigler. PUBLIC COMMENT None COMMISSION BUSINESS ~ 1. Minutes of March 25.1993 It was moved by Commissioner Perry, seconded by Commissioner Johnson to approve the minutes of March 25, 1993 as mailed. The motion carried as follows: AYES: 5 NOES: O ABSENT: 1 COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Johnson, Knopp, Perry, Sander, Guerriero None Holliday 2. Dial-A-Ride Joan Ellis, Senior Services Coordinator for Riverside County Service Area 143, provided an overview of the Murrieta Dial-A-Ride program. Ms. Ellis stated that the program is designed to improve the quality of life for the disabled by providing affordable transportation. Ms. Ellis stated that they would like to see the program coordinated through the City of Temecula as well and the City of Murrieta is asking that the City of Temecula contribute to the funding of the program. PTSCOMMIN4/22/93 4126193 PUBLIC/TRAFFIC SAFETY COMMISSION APRIL 22.1993 Director of Public Works Tim Serlet advised that the Public/Traffic Safety Commission was given a presentation by Ed Dool of Temecula Shuttle, on a Dial-A-Ride program in which the City of Temecula was proposed to subsidize the program. He added that the City is waiting for the results of a survey taken regarding the need for the service in Temecula. It was moved by Chairman Guerriero, seconded by Commissioner Sander that the Public/Traffic Safety Commission recommend that the City of Temecula support the existing CSA 143 Handicapped Dial-A-Ride and upon further information of need, recommend to the City Council some entitlement towards the program being established. The motion carried as follows: AYES: 5 NOES: 0 ABSENT: I COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Johnson, Knopp, Perry, Sander, Guerriero None Holliday Trauma Intervention ProQram Wayne Fortner and Judy Brandt provided an overview of the T.I.P. program and duties of the T.I.P. volunteers. Commissioner Perry asked for an accounting of the $10,000 granted by the City of Temecula. Mr. Fortner stated that the funds were used for the following: Program start-up costs Training program Printing Materials Insurance Policy Mr. Fortner also stated that T.I.P. asks each participating City to pay a user fee of .15 (fifteen cents) per capita, per year for operations cost. Mr. Fortner advised that a request for $3,000 from the City of Temecula for FY93 was approved and that the same request has been made of the City of Murrieta, however there has been no answer to date. Commissioner Perry questioned whether the program coordinators have looked into additional funding through the County Board of Supervisors. FTSCOMMIN4/22/93 4/26/93 April 27, 1993 TernecUla SHU rLE Door Io ~or. Airport Service. Con~mercial. Private Mayor Sal Munoz City of Temeeula 43174 Business Park Dr. Temecula, CA 92590 Re: Dail-A-Ride Proposal (General Public)(Share Ride) 'Dear Sal: This is a very important, essential proposal and I respectfully ask that it be considered by counsel. In our past meetings and conversations I answered your concerns of duplication of service and the question of funding were answered. I would like to address your further concerns regarding the public subsidizing a taxi cab type of service. In addition, we have received approval by the Public/Traffic Safety Commission. Temecula Shuttle Dial-A-Ride proposal (attached) is not a taxi cab type of service rather a van share ride type of service as stated in the proposal on page 3 section 4B under System Operation. Our dispatchers would make every effort possible to schedule passengers together and be able to stop and pick up other riders traveling in the same direction. Our goal would be an average of seven to eight passengers per service hour. There would always be share riding in progress where as a taxi cab service is a private party charter transportation, meaning that only one person would be picked up and dropped off. As I have stated in our proposal, page 8, section 14 Fares and Transfers, the fare schedule would be determined by the City. There would be different fare categories. Suggested fares might be as follows: 1) 2) Regular $3.00 This would be for share ride type of customers, i.e., dispatchers would arrange origin to destination transportation in a manner designed to accommodate the greatest number of passengers over the shortest feasible route. When calls are received in the vicinity of a routed van and capacity permits, the van would pick up additional passengers. Frail Elderly/Handicapped $1.50 The transportation disabled can be grouped into four categories. They are persons who: a. Use a wheel chair. b. Use a mechanical aide such as a brace, crutch or artificial limb. c. Have visual or hearing impairments. d. Have mobility problems. 28657 Front Street . Suite A . Temecula. California 92590 . Telephone (714) 695-9999 . FAX (714) 699-4293 . TCP: 7708 Page 2 April 27, 1993 Mayor Sal Munoz The Frail Elderly, those over 75 years of age and senior citizens between 60-75 with mobility problems, must be transit disabled to qualify for the rate. Eligibility requirements should not be set in concrete. Low income groups could be in this category. 3) Student & Children $2.00 This rate would be for students and children. card° They would have to show Student I.D. 4) EPS (Express Priority Service) $6.00 This service would be for able body persons requesting immediate pick up. received less than one hour prior to desired pick up time.) (Calls We will also have group fares and transfer rates for the fixed routes. Our goal is to have a 45-50% fare box revenue. We feel that if we can keep that two car family using the van share ride, it would save millions of dollars in road improvements, pollution, improve traffic congestion and accidents. This year there were a reported 142 DUI (Driving Under the Influence) arrests in Temecula over and above 1991 's figures. Our children and citizens were put at risk and someone could have been killed. This number could easily have been reduced if this type of service was available. This share ride proposal is designed to meet and serve the needs of the citizens of Temecula into the 21st century. We ask that you support and open discussion in City Hall and have City staff work with us to answer their comments and concerns that have already been discussed with you. Respectfully, Ed Dool Vice President ED:dm cc: P. Birdsall R. Parks R. Roberts J. Stone D. Dixon T. Serlet May lO, 1993 Temec'Ola SHUTTLE Door Io Door. Airport Sen ice. Commercial. Pnvak, NAYI41tlt .......... ':E-E~~-'~Tr.,,~N-T-. 2 4. 5. 6. Mr. Tim Serlett City of Temecula 43174 Business Park Dr. Temecula, CA 92590 Subject: Temecula Shuttle General Public Dial-A-Ride Proposal Dear Tim: This is to address your comments and concerns of the proposal for the general public dial-a-ride which will be on the council agenda June 8, 1993. We will answer them in order. A. What is the need? Demand must be documented by a qualified source. A general public dail-a-ride is not new and is something that was just not "thought up". Dail-a-ride is part of a family of commuter assistance programs developed and helped administered by the Riverside Transportation Commission. Temecula Shuttle has been researching the need for this service for the past eight months and has come up with qualified sources to back the need. First, there are the major industrial employees of the city which are mandated by the federal and state laws to implement share ride and low cost transportation so that their employees will not drive to work. We have a list of these employees and contact persons that support and state this will be a vital and essential need. 150 person transit survey. We have the support and the backing of all the Home Owner's Associations (list and phone numbers attached). Backing of all health and hospitals in the area. Temecula Chief of Police. Mother's Against Drunk Drivers. Temecula Chamber of Commerce. 28657 Fron~ Strcc~ . Suite A . Temecula. California 92590 . Telephone 1714~ 695-9999 . FAX ~T141 69~-42~43 . TCP: 7708 7. Temecula Senior Center. 8. Traffic & Safety Commission. 9. All major hotels and resorts. We are listing three qualified sources that have reviewed and support our proposal. Mr. J. Kaplan of J. Kaplan & Associates and Mr. Larry W. Wesemann of Barton-Aschman Associates both are transportation analysts. Mr. Wesemann's comment was this would be a conceived area- wide transit system that would service a variety of markets in an area that can help relieve traffic congestion and provide mobility to those in need and give the community a positive image. Also, Joan Ellis of Service District 143 has offered her personal support. B. How much would it cost the city? The proposal is asking the city for $110,000. This would be for two vans at approximately $45,000 each and $20,000 for start up operating costs (see proposal). As the proposal states, operator would work with staff to get pilot transit dial-a-ride off and running at operator's cost. How much additional staff would city need to implement the service. From conversations from the City of La Mesa, Mr. John Schmitt (619)463-6611 who is in charge of La Mesa Dial-A-Ride which is a general public dial-a-ride program and city is similar in area and population has stated that he has not had to add any staff. He also would be happy to discuss the program with you. They use an outside contractor for service. Mr. Karnes (C.E.O.), San Diego Trans System has visited Temecula and agrees that the general public dail-a-ride should be implemented and stated that he or Mr. Jerry Kehoe would be happy to answer your staff and city concerns (619)694-3596. Also, we are providing information from the League of California Citys, Mr. Dwaln West (916)444-5190 and a Transit Developrrient Plan from the City of Ridgecrest which is a city with the same square mileage area approximately 24 miles (age group of 25 to 45 years) and a general public dial-a-ride that has been operational for 5 years. It will help with staff information. Are there funds available? Yes. There are funds available. These are: 2. 3. 4. T.D.A. funds (Transportation Development Act) State Transit Assistance Funds Federal Transit Administration Urban Transportation Administration Community Development Block Grant Funds Measure A Funds Fair Box Revenue It should be noted that proposal is based on TDA funding. The qualified sources mentioned in (C) would be able to answer all questions related to funding. City staff would apply and qualify for these funds. E. T~hnical Quali~c. ations: 2. 3. 4. 5. 6. 7. California Corporation in good standing. License with Public Utilities Commission CTCP7708-P). License with City of Temecula. Insured with an admired insurance carrier (filed with PUC) and... 15 years experience in transportation related field as owner/operator. 8 years with Torranee Police Dept. in Traffic & Transportation 18 months as Temecula Shuttle, Airport Shuttle, Van Charter Service, (R.T.S.) Service, around town shuttle, door to door service. Certificate of Worker's Compensation Insurance State of Calif. (State Fund) Member of SPARC Asso~. References: a. VIP Coastal Transportation Mr. Darryl Speach (800)464-0589 b. Lin Lines Transportation Mr. Dan Johnson (800)952-5068 c. Hexfet America Linda Amroziak 676-7500 d. Advanced Cardiovascular Mr. David Olson 694-2400 Why Temecula Shuttle? 2. 3. 4. 5. 6. 7. As the areas leading privately owned transportation provider (TCP 7708). Knows the wants and needs of the area Providing door-to-door service in the area for over 18 months Educated in transportation and transit planning Employing 15 on-call local drivers Being a city licensed business and resident Having the plus of a owner/operator looking out for the city's benefit and being able to work with the city in an emergency and other transportation needs. And because I am a Temeculan and in the past have rendered my services many times (for free) for many of Temecula's needy. Temecula Valley Chamber of Commerce Homeowner's Association Alta Vista ..................... · ..................... (909)699-9563 P.O. Box 890143 Temecula, CA 92589-0143 Hill 27 29833 Carnino Del Sol Temecula, CA 92592 La Serena P.O. Box 9~,i ............... " ........................ (909)676-2590 Temeeula, CA 92593 Lake Village P.O. Box 907 ........................................ (909)676-8575 Temecula, CA 92593 Los Ranchitos ....................................... (909)645-5882 P.O. Box 477 Temecula, CA 92593 Meadowview P.O. Box 788 Temecula, CA 92593 Rancho Meadows 44501 La Paz Temecula, CA 92592 ITEM 16 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: CITY COUNCIL FROM: DAVID F. DIXON, CITY MANAGER DATE: JUNE 8, 1993 SUBJECT: ORDINANCE AMENDING PARK AND RECREATIONAL FACILITY OPERATIONAL POLICIES AND REGULATIONS - SMOKING POLICY FOR CITY PARKS AND RECREATION FACILITIES PREPARED BY: ~<~ RECOMMENDATION: SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR That the City Council introduce and approve the first reading of the Ordinance entitled: ORDINANCE NO. 93-__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ORDINANCE 91-37 SETTING FORTH PARK AND RECREATIONAL FACILITY OPERATIONAL POLICIES AND REGULATIONS DISCUSSION: On April 12, 1993, the Community Services Commission approved and recommended to the City Coun&il to amend Ordinance No. 91-37 to require individuals smoking any tobacco products in outdoor City parks, recreation facilities, and trails to maintain a distance of twenty (20) feet from all non-smokers. It was further recommended that the Northwest Sports Complex be INCLUDED in this policy because it is less restrictive than banning smoking completely and compliance of this policy should not create a negative impact on existing leases associated with this facility. The Commission cited that the intent of this smoking policy is to protect the health and welfare of the citizens of Temecula who utilize city parks, trails, and recreation facilities from the negative affects of secondary smoke. In addition to requiring smokers to maintain a twenty (20) feet cushion to all non- smokers, the Commission also recommended that smoking. be prohibited within twenty (20) feet of the following outdoor park areas: Public events including but not limited to sports events, entertainment, speaking performances, ceremonies, pageants, and fairs where people congregate. 2. Seating in dugouts and bleacher areas. Within enclosed outdoor areas where air circulation may be impeded by architectural, landscaping, or other barriers such as amphitheaters and swimming pool areas. 4. Any place where food and/or drink is offered for sale. 5. Children's playground areas. FISCAL IMPACT: None. ORDINANCE NO. 93-_ AN ORDINANCE OF TItE CITY COUNCIL OF THE CITY OF TEMECULA AMY~NDING ORDINANCE 91-37 SETTING FORTH PARK AND RECREATIONAL FACILITY OPERATIONAL POLICIES AND REGULATIONS WITF. REAS, The City Council of the City of Temecula has authority over the public parks and recreational facilities within the jurisdiction of the City of Temecula; and WHEREAS, The Community Services Commission of the City of Temecula has recommended that the City Council adopt regulations which would provide limitations for smoking in outdoor City Parks and Recreational Facilities; and WHEREAS, The City Council of the City of Temecula fmds the smoking of tobacco and any other weed or plant is a positive danger of health and a material annoyance, inconvenience, discomfort and a health hazard to those who are present in confined spaces or in close proximity to the source of said smoke, and in order to serve public health, safety and welfare, the declared purpose of this ordinance is to protect nonsmokers to the maximum extent possible, particularly children, from secondhand smoke in all places stated and required in this ordinance. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. General Policy: is hereby amended to add the following subsections: Q. Smoking Policy: It is the intent of this policy to protect the health and welfare of the citizens of Temecula who utilize city parks, trails, and recreation facilities from the negative affects of secondary smoke. Therefore, individuals who choose to smoke in outdoor park areas shah maintain at all times a twenty (20) foot distance from all non smokers. Further, smoking shall be prohibited within twenty (20) feet of the following outdoor park areas: Public events including but not limited to sports events, entertainment, speaking performances, ceremonies, pageants, and fairs where people congregate. 2. Seating in dugouts and bleacher areas. Within enclosed outdoor areas where air circulation may be impeded by architectural, landscaping, or other barriers such as amphitheaters and swimming pool areas. 4. Any place where food and/or drink is offered for sale. 5. Children's playground areas. Section 2. Penalties: Violation of any provision or failure to comply with any requirement of this ordinance is an infraction. ORDINANCE NO. 91-37 AN ORDINANCE OF T!tP. CITY COUNCIL OF TI:iY. CITY OF TEMECULA ADOPTING PARK AND RECREATIONAL FACII.ITY OPERATIONAL POLICIF..~ AND REGUIATIONS WFrF. REAS, The City Council of the City of Temecula has authority Over the public parks and recreational facilities within the jurisdiction boundaries of the City of Temecula; and WBEREAS, The Board of Directors may adopt regulations binding upon all persons governing the use of City parks and recreational facilities and property, and may deem a violation of any such 'regulation and misdemeanor. THE CITY COUNCIL OF THE CITY OF TEM2ECULA DOES HEREBY ORDAIN AS FOLLOW: SECTION 1. General Policy: A. Equal Opportunity: Any and all individuals shall be provided equal opportunity for use of any recreational facility and any recreational program without regard to physical limitation, age, race, color, national origin, religion, political beliefs or sex. B. Reserved Use: Reserved use (defined as exclusive, permitted use for one or more occasions) of community, neighborhood and other recreational facilities shall require obtaining a "Use Permit" in a form established by the City of Temecula Community Services District (TCSD). The TCSD may establish use fees by Resolution. C. Community Park (Unreserved) Use: Use of all community park facilities (defined as a site that serves the City's residential areas) will be based on first come first serve basis. No "Use Permit" is required for this purpose. If a user group wishes to resen, e the use of a community park facility, a "Use Permit" shall be required, with all applicable fees, rules, regulations, terms and conditions enforced. D. Multiple Facility Reservatiohs: If more than one recreational facility is reserved (e.g. two sports fields), applicable fees and deposits shall be charged for each facility reserved. E.- Sponsored Uses: Any use of recreational facilities scheduled for TCSD sponsored or co-sponsored uses shall be deemed a use for TCSD purposes, and shall be exempt from fees, deposits and permit requirements listed heroin. Such determination shall be made by the Director of Community Services. 5/Ord$91-37 -1- F. User Groups: User groups are established and defined as follows to categorize groups using certain recreational facilities. User groups designations form the basis for variable fee schedules for certain recreational facilities as provided elsewhere herein. Group 1 - TCSD-sponsored or co-sponsored leisure and recreational activities. Group II - Youth groups conducting non-profit youth oriented sports activities, and non-profit athletic/civic organizations conducting community oriented leisure or sports activities. Group III - Base standard rate for community users on a non- profit basis. Group IV Profit making, commercial businesses or non-resident organizations conducting activities that are for profit and are either open or closed to the public. G. Recurring Use: Recurring use is generally defined as uses of recreational facilities on a regularly scheduled basis for more than one occasion (i.e. leagues, etc.) H. Nonrecurring Use: Nonrecurring use is generally defined as uses of recreational facilities on a one time only or special event basis (i.e., annual picnic, parties or company sponsored events). A fee and permit is required only when reserved use by an organization is requested. I. Exemption: Due to special or unusual circumstances, the Parks and Recreation Commission may exempt user groups II, III and IV from fees for the use of recreational facilities. It is the responsibility of the specific user group to formally request exemption from the Parks and Recreation Commission. The request should stipulate the special or unusual circumstances that necessitate exemption. J. Scheduling Priorities: Scheduling priorities shall be by user groups as indicated previously with Group I having precedence over II, Group II over III, etc. In the event of conflict, the Director of Community Services ("Director") reserves the right to schedule any group. Scheduling of reserved uses will be carried out by the Director or his/her designee in a fair and equitable manner, to serve the leisure and recreation needs of the citizens of the Temecula Community Services District. K. Sports Field and Facility: It is recognized that recreational facilities and sports fields vary in type and location. However, fee schedules shall generally apply equally to all sports fields and facilities depending on the level of service required for an individual facility. L. Fee Payment: The fees applicable to the use of facilities are due and payable at the City of Temecula offices 72 hours prior to the use of that facility. Charges assessed for damages and grounds cleanup shall include only City's actual cost and are due and payable upon demand to the user. When fees are due and payable at the time a permit is issued, 5/Ords91-37 °2- refunds are permitted if sufficient notice is given to the City upon cancellation with five (5) working days notice for nonrecurring groups. M. Sales and Uses: Authorized user groups, as described herein, which desire to use facilities for fund-raising purposes shall be allowed to do so subject to policies and fees contained herein. Food concessionaires and other uses which are determined by the TCSD to be solely a commercial undertaking, and without educational, recreational or cultural benefit to the community, shall be selected pursuant to City public bidding procedures. N. Inclement Weather: Inclement weather is generally defined as weather which, in the judgement of the Director, has left recreational facilities in a condition which, if the facilities are used, presents a risk of damage to facilities or injury to users. The Director shall have the authority to deny use of all or any portion of a facility to a user based on inclement weather. The Director reserves the exclusive right to determine that a use of TCSD facilities is precluded by inclement weather, and no refund of fees shall be made on grounds of bad weather or field condition unless the Director makes such determination. O. Denial of Facility Use: The TCSD shall have the authority based on cause to deny use of all or any portion of a facility to any group or individual 'who has abused the privilege of facility use as included in but not limited to these general policies and general rules governing the use of community and neighborhood park. P. Liability Insurance: All user groups conducting reserved sporting or special event activities, that will attract fifty (50) or more patrons (i.e. tournaments, clinics, fairs, festivals concerts, performances, camps, etc.) will be required to provide the Director with a certificate of insurance in the amount of one million dollars ($1,000,000.00) naming the City of Temecula and the TCSD as additionally insured. SECTION 2. Parks & Recreation Facilities Regulations: DeFinitions: The following words shall have the meaning indicated when used in these regulations: A. "Park" means any community park, neighborhood park, or any other recreational facility maintained by the City of Temecula. B.- "Board" means the Board of Directors of the Temecula Community Services District, or any other person authorized by the Board, pursuant to law, to act in its stead. of Temecula. "Commission" means the Parks and Recreation Commission for the City 5/Ordsgl-37 -1- D. "Amplified sound" means music, sound wave, vibration, or speech projected or transmitted by electronic equipment, including amplifiers. E. "Knife or dagger" means any knife, or dagger having a blade of three inches or more in length; any ice pick or similar sharp stabbing tool; any straight-edge razor blade fitted to a handle. F. "Vehicle" means any device by which any person or property may be propelled, moved, or drawn, excepting a device moved by human power. G. "Vehicular travel" means travel by a vehicle. SECTION 3. Duty to Comply: No person shall enter, be, or remain in any park unless he complies at all times with all of the City ordinances and regulations applicable to such park and with all other applicable laws, ordinances, rules and regulations. SECTION 4. Rules and Regulations Applicable in City Parks: The following rules and regulations apply in all City parks unless expressly stated otherwise elsewhere in these regulations. SECTION 5. Operation of Vehicles: A. Roads for Public Use: The provisions of the California Vehicle Code are applicable in the City parks upon any way or place of whatever nature which is publicly maintained and open to the use of the public for purposes of vehicular travel. All violations of said Vehicle Code shall be enforced and prosecuted in accordance with the provisions thereof. B. Surfaces Other than Roads for Public Use: Skateboards: No person shall drive or otherwise operate a vehicle in a park upon surfaces other than those maintained and open to the public for purposes of vehicular travel, except upon temporary parking areas as may be designated from time to time by the Commission, and further excepting vehicles in the service of the City, animal control vehicles, law enforcement vehicles, and motorized wheelchairs. No person shall ride or operate a skateboard in any park, except in designated SECTION 6. Solicitation Prohibited: No person shall practice, carry on, conduct or solicit for any occupation, business, or profession in any City park, or sell or offer for sale any food, beverage, merchandise, article, or anything whatsoever in any City park. This section shall not apply to any person acting pursuant to a contract with the City of Temecula or the Temecula Community Services District, or under a permit granted by the Commission. SECTION..7. Prohibition of Animals in Park: No person shall cause, permit, or allow any animal owned or possessed by him, or any animal in his care, custody, or control to be present in any City park except: 5/Ordsgl-37 (A) Equine animals being led or ridden under reasonable control upon any bridle paths or trails provided for such purposes. (B) Equine or other' animals which are hitched or fastened at a place expressly designated for such purpose. (C) Dogs or cats when led by a cord or chain not more than six (6) feet long, or when confined within the interior of a vehicle. (D) Dogs which have been specially trained and are being used by blind or disabled persons to aid and guide them in their movements. CE) Small pets which are kept on the person of the possessor at all times. (F) In connection with activities authorized in writing by the Commission. (G) Fowls or animals turned loose at the direction of the Commission. SECTION 8. Duty to Care for Animals: It shall be the mandatory duty of all persons owning, possessing, in control of, or otherwise responsible for a dog, cat, or an equine animal in a park to promptly collect, pick up; and remove all fecal matter left behind by said animal in or upon any park; provided, however, that this subsection shall not apply to guide dogs for blind or disabled persons or to equine animals on bridle paths. SECTION 9. Amplified Sound in Parks: (A) Purpose: The City Council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that certain uses of sound amplifying equipment are protected by constitutional rights of free speech and assembly, the City Council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from the public nuisance of loud and unnecessary sound. (B) Permit Required for Amplihers: It shall be unlawful for any person to install, use, and operate within a park a loudspeaker or any sound amplifying equipment for the purposes of giving instruction, directions, talks, addresses, or lectures, or of transmitting music to any persons or groups of persons in any park, or in the vicinity thereof, except when installed, used, or operated in compliance with one of the following provisions: 1. By authorized law enforcement or park and recreation personnel or 2. Under a reservation or permit issued by the Director, and when operated in accordance with terms of said reservation or permit. 5/Onh91-37 -5- (C) Granting and Denial of Permit: In determining whether to grant or deny a permit, the Director shall be guided by the following considerations: including the applicant; The constitutional free speech and assembly fights of all persons, persons in the park; The possible effects upon the peaceable passage or presence of 3. The potential for disorder or unlawful injury to persons or property; 4. The potential invasion of others persons' rights of privacy; 5. The possible unlawful breach or disturbance of the peace; and 6. Any actual conflict with other scheduled park uses or events. The Director shall not deny a pdrmit on the basis of any dislike for or disagreement with the content of any proposed talks, addresses, lectures, or musical presentations. The Director may, however, deny a permit for any such events which are designed for the purpose of advocating imminent lawless conduct. (D) Power Source for Amplifiers: Amplifiers permitted in parks shall be operated only through a power source provided by the City, a battery, or a generator. SECTION 10. Prohibition of Firearms, Fireworks. and Toy Weapons: No person shall carry or discharge firearms, firecrackers, rockets, torpedoes, or other types of explosives, or carry or discharge any gun, or pistol, or any sling shot or similar device, or any bows and arrows, or any other object capable of propelling a projectile, or carry or use any object calculated to make a noise sufficient to disturb the peace or quiet of the park, or bring into any park any of the above objects or articles. Fireworks may be permitted for special events only with formal approval from the Parks and Recreation Commission and the Fire Department. SECTION 11. Prohibition of Dangerous Weapons: The provisions of the California Dangerous Weapons' Control Law are applicable in City parks and shall be enforced and prosecuted in accordance with the provisions thereof. No person shall carry on his person, in plain view, any knife with a blade in access of 3 inches. Dagger are strictly prohibited. SECTION 12. Exceptions to Applicability: The provisions of Section 10 shall not be deemed to prohibit the carrying of ordinary tools or equipment for use in a lawful occupation or for the purpose of lawful recreation. SECTION 13. Damaging Property.: No person shall cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench, or other 5/0 rds9 1-3 7 structure, apparatus, or property, or pluck, pull up, cut, take, or remove any shrub, bush, plant, or flower, or mark or write upon, paint, or deface in any manner any building, monument, fence, bench, or other structure. SECTION 14. Damaging Land: No person shall cut, dig, or remove any wood, tuff, grass, soil, rock, sand, gravel, or fertilizer, except park maintenance personnel. SECTION 15. Golf: No person shall play or practice the game of golf, including chipping, putting, driving or any other type of play or practice which includes the hitting of golf or similar type ball with a golf or similar type club. SECTION 16. Water; No person shall swim, fish in, bathe, wade in, release pet animals in, or pollute the water of any fountain, pond, lake, stream, or reservoir except by permission of the Commission. SECTION 17. Fires and Fireplaces: No person shall 'kindle a fire except in fireplaces provided for that purpose or in barbecues approved by the Commission, except by permission of the Director. SECTION 18. Waste Liquids and Refuse: No person shall wash dishes, or empty salt water or other waste liquids, or leave garbage, cans, bottles, papers, or other refuse anywhere other than in the receptacles provided therefor. SECTION 19. Loitering at Night: No person shall be or remain in any City park between the hours of eleven (11:00) o'clock p.m. and six (6:00) o'clock a.m. of the following day without permission of the Director. The provisions of Section 9 (c) shall govern the granting or denial of such permission. SECTION 20. Meetings: No person shall hold any meeting, service, sporting event, concert, exercise, parade or exhibition in any public park without first obtaining a permit from the Director. The provisions of Section 9 (c) shall govern the issuance or denial of a permit under this Section. SECTION 21. Alcoholic Beverages: No person shall consume any alcoholic beverage within any park, unless formally approvdd by the Parks and Recreation Commission. SECTION 22. Controlled Substances: The provisions of the California Uniform Controlled Substances Act are applicable in district parks and shall be enforced and prosecuted in accordance with the provisions thereof. SECTION 23. City parks. Glass Containers: No person shall possess any glass container in 5lOrd.,9 1-37 -7- SECTION 24. Flying Balloons or Planes: No person shall use any City park as a primary launch site for hot air balloons unless formally approved by the Park and Recreation Commission. Motorized airplanes, and gliders are prohibited on City park site. SECTION 25. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted in the manner prescribed by law. PASSED, APPROVED AND ADOPTFI} this 8th day of October, 1991. ATTEST: ~une S. Greek, City Clerk [SEAL] Ronald J./~/k/2, Mayor 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 91-37 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 241h day of September, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 8th day of October, 1991, by the following roll call vote. AYES: 4 COUNCILMEMBERS: Moore, Lindemans, Munoz, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Parks ~u~June S. Greek, City Clerk 5/Ords91-37 ITEM 17 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: CITY COUNCIL FROM: DAVID F. DIXON, CITY MANAGER DATE: JUNE 8, 1993 SUBJECT: BOYS AND GIRLS CLUB PROJECT PREPARED BY: ~z RECOMMENDATION: SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR MARY JANE MCLARNEY, FINANCE OFFICER That the Board of Directors: Approve loan agreement of $374,846 with the Boys and Girls Club for construction of the Boys and Girls Club Facility. DISCUSSION: On April 13, 1993, the City Council approved funding in the amount of $374,846 for the Boys and Girls Club Project. However, the Council also directed staff to prepare a loan agreement with the Boys and Girls Club that identifies the terms of the loan repayment and provides a provision for the City to assume the lease of the property with the Temecula Town Association if the Boys and Girls Club defaults on the loan. Also, the Council directed staff to analyze the feasibility of the Play and Learn School (PALS) program utilizing the facility during the morning hours when the Boys and Girls Club is not operating.. Staff has prepared a loan agreement with the Boys and Girls Club that stipulates the monthly payment of the loan at $3,078 per month for fifteen (15) years, Pursuant to the attached loan agreement, the Boys and Girls Club would receive a maximum of a 100% credit towards the monthly loan payments through service programming hours of $1.05 per child per hour for the first twelve (12) months. Beginning with month thirteen (13) through the remainder of the loan term, the Boys and Girls Club would receive a maximum of a 50% credit towards the monthly loan payment through service programming hours and the balance be repaid in a cash payment. Therefore,' the Boys and Girls Club would begin to pay $1,539 per month beginning with month thirteen (13) through the balance of the loan term. Also, language has been included in the loan agreement that if the Boys and Girls Club defaults on the loan payments, the City would be allowed to assume the lease terms for the property. Finally, staff has met with representatives of the Boys and Girls Club, PALS, and the Department of Social Services, Community Care Licensing. As a result of these meetings, the only modification required in the existing design of the Boys and Girls Club facility to accommodate the PALS program would be to add perimeter fencing along the back portion of the building with irrigation and grass improvements. PALS is willing to pay the City $500 per month for using this facility. It is stipulated in the loan agreement that the Boys and Girls Club sub-lease the facility to the City from Monday through Friday from 7:00 a.m. to 1:00 p.m. The City, in turn, would lease the facility to the PALS program. The lease with PALS and the financial terms would be a separate agreement between PALS and the City of Temecula. Staff has received a request from the Boys and Girls Club related to the loan repayment terms and the PALS program. The Boys and Girls Club would like to receive a 100% credit towards the monthly loan payment to the City through service programming hours for the balance of the loan. Also, the Boys and Girls Club would like to discuss the PALS program as a separate item and not be included with this loan agreement. Attached is a copy of the loan agreement with the Boys and Girls Club for your review. FISCAL IMPACT: Total loan amount is $374,846 for fifteen (15) years. This amount includes all previously approved loans. The monthly payment is $3,078. The loan would be repaid by the Boys and Girls Club receiving a maximum credit of 100% of the monthly payment in service programming hours at $1.05 per hour per child for the first twelve (12) months. Beginning with month thirteen (13) through the remainder of the loan term, the Boys and Girls Club would receive a maximum credit of 50% of the monthly loan payment for service programming hours and the balance would be paid in cash. A separate lease agreement with PALS and the City of Temecula will be executed at a later date. PALS has agreed to pay $500 per month for this lease. MAY 28 '93 14:4:3 TO cJScJ 694 6488 FROM Temecula Ualle~ Opt. T-975 P. 01 Fax Transmittal Memo May 29, 1993 Mr. Shawn Nelson Community Service Director City of Temecula 4317 Business Park Drive Temecula, California 92590 Dear Shawn: The Board of Directors of the Boys and Girls Club of Temecula wishes to request that the City Council approve the terms as originally proposed in the loan request to the city dated Oanuary 12, 1993, We, additionally, wish to request that the issue regarding usage of the Boys & Girls Club of Temecula facility by Play & Learn SchoD1 be considered as a separate item. Sincerely, Alan M. Winkelstein, O.D. 27475 Yen Road. f232 Temecu~. CA 92591 (909) 699~152e OffN:erm Aim Vtnkelelein Pnes/~ejff CaMe Aftida V~oe/=reNdeat Den Meguic Je~ Miley Frank Caecja~i Jeck Femandez Terry Giinmre Oavid Le Pmrde Jim Le Rue Jeairm Overson Jkn Peltingill Alicia Rmnirez John ~-mL~ro Jim Steed Joan Wehiig Claudle Walker MAY-28-93 FRI ]0:52 BgS OOSTA I1ESA .. FAX NO. 7147555648 P, 02 LOAN FUNDS FOR PUBLIC PURPOSES · emecula, California June 8, 1993 Name of Borrower/ Grantee: Amount Borrowed: Interest Rate: Summary of Terms: Boys and Girls Club of Temecula, Inc., a California non-profit corporation ("CLUB") $374,846.00 Variable interest based on the average Local Agency InVeStment Fund ("LAIF,,) rate for the Previous six (6) months; loan to be repaid as set forth in this Agreement; city to provide statement of current balance July 1, 1993, and every six (6) months thereafter until debt fully repaid. Recitals: W~EREAS, the CLUB desires to have a Permanent facility located in Temecula for the benefit of the youth of the City; and, WHEREAS, the United Way of the Inland Valley,s Needs Assessment reflects that very few non-profit organizations provide services to youth in Temecula: and, WHEREAS, twenty-seven percent (27%) of the City's PoPulation constitute youth; and, WHEREAS, the United Way's Needs Assessment concluded that youth in the City were at-risk due to lack of programming; and, T030540.AGR 5128198 --1-- .MAy728-83 FRI ]0:52 BWS OOSTA..Y~.A ........ FAX NO. 7147555648 P. 03 WHEREAS, by providing programming early on, the Cit and, ted problems, delxnquency, teen pregnancy, and crime; WHERBAS, City has previously supported the youth and child care services of the Boys and Girls Club by a loan of thirty-one-thousand dollars ($31,000.00) to acquire the modular building; and, WHEREAS, the previous loan's repayment obligation, secured by a UCC-1 Financing statement, is to be consolidated with the loan funds Provided herein; and, WHEREAS, City advanced funds for the project in the amount of Twenty-thousand dollars ($20,000.00) which is secured by a separate promissory note; and, WHEREAS, the provision of the loan which is the subject of this Agreement will ensure that area youth are served in the future. Agreement: NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, City and CLUB agree as follows: I. Loan Agreement Provision. A. CLUB shall undertake to provide youth services in the City of Temecula. B. In consideration of the services to be performed by CLUB for City, as set forth in'Paragraph A hereof, City hereby lends to CLUB the sum of Three-hundred-seventy-four- thousand-eight-hundred-£orty-six dollars ($374,846.00), to be repaid as follows: CLUB promises to pay to the order of the City of Temecula, California, at 43174 Business Park Drive, Temecula, California 9~590, the principal sum of Three-hundred-seventy-four- thousand-eight-hundred-forty-six dollars I~OHO.NI 5/2a1~ -2- .... II,qY-28-93 FRI 10:53 Bi,]S OOS.' _.I:I..ESB ................_7!47555648 P, 04 512a,~93 ($374,846.00) with simple interest based on the unpaid balance of that principal sum until paid. Repayment of the principal and interest is to commence once the facility is dedicated and open for operation. City agrees to accept as payment on a monthly basis during the first year of the repayment the provision by CLUB of in-kind services to be provided by CLUB to youth in the City of Temecula. During the second and subsequent years of repayment, CLUB shall make its payments fifty percent (50%) An cash and fifty percent (50%) in-kind services. The loan is to be fully amortized over the life of the loan. (a) (b) CLUB shall provide programming to youth based on a rate of one dollar and five cents ($1.05) per child per hour. Repayment shall be fully amortized over a fifteen (15) year period with an estimated interest rate of five percent (5%) with the actual interest rate based on the City's return from the LAIF for a monthly in-kind payment of Three- thousand-seventy-eight dollars and thirty cents ($3,078.30) during the first year of repayment and for the second and subsequent years, fifty percent (50%) of the repayment shall be in cash and fifty percent (50%) in-kind services. (C) Based on subparagraph (b) above, CLUB would be obligated to provide Two- thousand-n~ne-hundred-thirty-two (2,932) youth service hours per month during the first year of repayment based on an average of thirty seven (37) youths receiving four (4) hours of programming per day and during the second and subsequent years, CLUB shall provide One-thousand-four-hundred-sixty_six (1,466) youth service hours per month -3- JIJN- 1-93 TOE 8:52 B~S OOSTA HESA F~ NO, 7147555648 P. 02 based on an average of seventeen and one-half (17.5) youths receiving four (4) hours of programming per day for the fifty percent (50%) in-kind service hours payment. (d) CLUB shall provide City reporting of attendance to verify in-kind payments in a form and manner acceptable to City's Director of Finance. The interest rate Provided in this Agreement is variable. Interest shall be simple interest based on the date of disbursements to the CLUB and every six (6) months after disbursement until the entire balance is repaid· City shall calculate the interest rate based on the Previous six (6) month period· By way of example, the interest rate for the July 1, 1993 to December 31, 1993 installment payment will be based upon the LAIF interest rate for the July 1, 1993 to December 31, 1993 period. In like fashion, City will adjust the interest rate semi- annually. Each payment, when made, shall be credited first to the interest then due and the remainder shall be credited to principal. Interest shall thereupon cease to accrue upon the Principal so credited· c. CLUB agrees that City may assign to the Redevelopmerit Agency of the City of Temecula all its right, title and interest in this Agreement at any time during the term of this Agreement. D. CLUB agrees that City shall have the right to take a security interest in the facility and lease agreement sufficient to protect Cityss loan and to ensure that the first priority shall be given to ensuring that services be provided to youth under this Agreement will continue to be provided in the event CLUB is in default of or unable or unwilling to provide such services in accordance with the Provisions of this Agreement. 1030540.AC, R 5128193 -4 - ..... M. AY728-93 FRI 10:_5_4. BWS COST. A_ ...M~F:~__a ............-F..A.X..NO_'... 7!..47555848P. 06 E. CLUB agrees that if the three (3) or more in-kind, cash, or combined payments are not made to City when due, that the entire balance due on the loan, principal and interest, shall then be due and owing to the City. Such acceleration of the debt herein is in addition to, at City's option, of foreclosure on City's security interest. F. CLUB may at any time make cash payments to city in lieu of or in addition to in-kind payments and may pre-pay the balance of the loan at any time without penalty. I1. Consolidation of Existing Loans/New Loan Amount. A. The new loan granted herein shall consolidate two existing loans and provide additional funds as set out herein. Nothing herein shall, in any way operate to lessen, defeat, annul, or terminate City's rights, interests, security, or security interest under any existing loans between the parties hereto. B. There exists a loan between City and CLUB consisting of a Promissory Note dated March 13, 1991, a Financing Statement ("UCC-I,,) dated November 5, 1991, and Security Agreement dated November 5, 1991. The total debt contained in said documents is Thirty-one-thousand dollars ($31,000.00). C. There exists a loan between City and CLUB evidenced by a Promissory Note dated January 26, 1993, in the amount of Twenty-thousand dollars ($20,000.00) for architectural work and the preparation of bid documents. D. Pursuant to this Agreement, City shall loan to CLUB an additional sum of Three-hundred-twenty-three, thousand-eight-hundred-forty-six dollars ($323,846) pursuant to the provisions of Section III hereof. The total debt consolidated and contained herein ;T;; 7 ,;_....:.,_ IlI. Loan Di.~burqemen..tS. A. Prior to receiving any distribution hereunder, CLUB shall submit to City,s Director of Finance, a line-item budget for approval. CLUB shall also submit to City for 1030540,AOR '5-- II,qY-28:93 FP, I ]0:55 BUS .O.OST. R HER ....F/tX NO. 7147555648 P. 07 approval all contracts which contracts shall provide that they are not valid unless and until the same are aPproved by City. B. Prior to receiving the second disbursement hereof, CLUB shall submit to the City Attorney for approval of its ground lease with the Temeoula Town Association. The City Attorney shall review such lease to ensure that the lease will enable the City to occupy and use the real property subject to the lease in the event CLUB defaults in its performance under this Agreement or City forecloses upon its security interest therein. The second and all subsequent disbursements shall be withheld until the city Attorney authorizes such based upon the adequacy of the ground lease Provisions. C. Prior to each distribution as set forth below, CLUB shall submit to City,s Director Of Finance all invoices supporting that distribution. Each invoice shall be signed as to approval by the CLUB's Director prior to submittal to City. D. CLUB shall at all times comply with all State and local laws pertaining to the division or parcelation of real property. CLUB shall be responsible for the payment of all fees associated with any applications necessary to approve any division of land. However, such costs may be added to the loan amount granted hereunder. E. Disbursement of loan proceeds shall be made after each threshold set forth below: 1st Installment - For Permit Fees and Grading. 2nd Installment - Following completion of the Foundation and Site Preparation. 3rd Installment - Following Relocation and Installation of Building on Site. 4th Installment - Following issuance by City of the Certificate of Occupancy. 'a~o54o. Ac.n -6- 5128193 M~Y-28:93 FRI ]0:55 BWS COST~ MESh F~X NO. 714.7555648 P. 08 Sublease of Facility0 A. As a materlal, integral part of CLUB's consideration offered to City in approving this transaction, CLUB agrees to sublease the facility to City at no charge on Mondays through Fridays between the hours of 7:00 a.m. to 1:00 p.m. for the term of this loan. B. CLUB agrees that City may further sublease its lease with CLUB subject to the reasonable approval of CLUB which such approval shall not be unreasonably withheld. City shall only be authorized to sublease its interest to public, charitable, or educational organizations--IncludIng non-profit corporations whose activity and use of the ' facility will complement the primary use of the facility by CLUB o c. CLUB further agrees that City shall have the right to retain one-hundred percent (100%) of any rents, profits, or proceeds received from a sublease and that such rents, profits, or proceeds shall not be applied to any rent, profit, payment, etc. due and owing from CLUB to City. D. In the event that City subleases the facility as provided herein, city shall insure that such sublease contains appropriate indemnity and insurance provisions to protect CLUB and the facility from any loss, cost, or expense resulting from City's sublease of the facility. V. General ProYisions. A. Any notices to be given hereunder may be effected either by personal delivery or by mail. Mailed notices shall be addressed to the address of the parties to be notified which appears below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of five (5) calendar days following the date of mailing the notice. City: City of Temecula Attn: Finance Department 43174 Business Park Drive Temecula, California 92590 10~O,540.AGR 51~8193 -7- ....... I1.R_Y-28-93 FR] i0!.56 BUS COSTA IIESf FAX N0. 7147555648 P, 09 CLUB: Boys and Girls Club of Temecula Valley, Inc. 27475 Ynez Road, #234 Temecula, California 92590 B. In addition to the in-kind services reporting required by paragraph I.B.2 hereof, CLUB shall prepare and submit to the City Manager, or his/her designee, a quarterly written report specifying the activities of CLUB during the preceding quarter, which report shall also contain a financial statement for CLUB certified by an officer of the C. CLUB agrees that it will indemnify, protect, defend, and hold City and its elected officials, officers, employees, and agents, free and harmless from all claims for r those of the CLUB,s officers, employees, agents, or invitees in connection with the services rendered hereunder to the maximum extent allowed by law. D. CLUB shall secure from a good and responsible company or companies authorized and admitted to do insurance business in the State of California, pay for, and maintain in full force and effect for the duration of this Agreement, a policy of comprehensive automobile and workers' compensation and employees. liability insurance in which City is covered as an insureds with the CLUB and shall furnish a Certificate of Liability Insurance to the City Manager before execution of this Agreement with the City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection by the policy shall= Include the City as a covered insureds covering the services to be performed under this Agreement, whether liability is attributable to the CLUB or the City. Include the City, its officers, employees, and agents while acting within the scope of their duties to be performed under this Agreement against all claims arising out of, or in connection with the Agreement. 1030540.AGI! 5128183 -8- ...... _11_~y_-..28-.93 O.:.S7 ............FaX :o....7.!47Ssse4aP. 3. Provide the following minimum limits: (a) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. (b) Workers' Compensation and Employers Liability: Worker,s Compensation limits as required by the Labor Code of the State of California and Employers, Liability limits of $1,000,000 per accident. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, agents, and volunteers for losses arising from the acts or omissions of CLUB. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before expiration or cancellation is effective. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials, employees, and agents; or the CLUB shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. E. CLUB agrees that if any legal action is necessary to enforce or collect amounts due under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. This provision shall be applicable to the entire Agreement. t o3o~o. AGa - 9 - 512819~ MAY-28-93 FRI ]0:57 BWS COSTA HF_SA FAX NO. 7]47555648 P. 11 F. Prior to the execution of this Agreement, CLUB shall provide proof, satisfactory to the City Manager and City Attorney, of its status as a valid non-profit corporation in accordance with Section 501(c)(3) of the Internal Revenue Code (26 U.S.C.S. Sec. 501(0)(3)). G. The term of this Agreement shall be from June S, 1993, until the CLUB repays the loan to the City. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by its officers duly authorized to do cr.~: BOYS AND GIRLS CIJJB OF TEMECULA VALLEY, INC. Name'.- Title.' Name: Title: CITY OF TEMECULA: ATTEST: J. SKLMUNOZ, MAYOR JUNE S. GREEK, CITY CLERK APPROVED AS TO FORM: ~COTT F. FIELD, CITY ATTORNEY 1030540. NIR ~12Sl93 -10- JUN- 1-93 TUE 8:53 BWS OOSTA MESA FA× NO. 7147555848 P. 03 PROMISSoRy ]%.MO~: $323,846.00 Temecula, California Date FOR VALUE RECEIVED, on or before [date] the undersigned individuals on behalf of the Boys and Clrls Club of Temecula Valley, Inc., promises to pay the City of Temecula, a California general law munlcipal corporation, or order at 43174 Business Park Drive, TemeCula, California 92590, or at such other place as the holder hereof may from time to time designate in writing, the principal sum of three-hundred-twenty_ three-thousand-eight-hundred-forty_six dollars ($323,846.00), with interest thereon after said date estimated at five percent (5%) per annum, but which actual rate shall be based on holder,s actual rate of return from the Local Agency Investment Fund. The undersigned promises and agrees to make monthly installment Payments of two'thousand-seven-hundred-nineteen dollars-and-sixteen cents ($2,719.16) for such period of time sufficient to meet the balance due under this Note. Payments to be made to City of Temecula at the above referenced address. ShoUld the Promisor fail to make any three or more payments, the entire remaining balance shall become due and payable immediately upon notice to the Promisor from the holder hereof or its legal representative. In accordance with that certain agreement dated __, 199_ and identified as Agreement--Loan FundE For Public Purposes, holder will accept/n-kind service payments as set out in said agreement or cash for each payment hereunder. If action is instituted on this Note, the undersigned, on behalf of the Boys and Girls Club of Temecula Valley, Inc., promise to pay the holder thereof any expenses incurred thereby, including, but not limited to, court ~osts and such other sums as the Court may fix as reasonable attorney's fees. This Note or any portion thereof may be prepaid at any time without penalty. 2O304,~,.BTE ~ JLIN- 1-93 TUE 8:54 BWS COSTA MESA FAX NO. 7]47555848 P. 04 In agreement thereof, we execute this Note on behalf of the Boys and Girls club of Temecula Valley, Inc. on the day of California. , 19 _ in the City of · PROMIBOR: BOYS AND GIRLS CLUB OF TEMECUIA VALLEY, INC. (signature) Its: (typed name) (title) Its: (signature) (typed name) (title) HOLDMR: CITY OF TEMECULA, a California general law municipal corporation MAYOR 2030435. mE - 2 - /,-- ITEM TO.' FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning .~'~ August 25, 1992 Appointments to Development Code Advisory Committee RECOMMENDATION: It is requested that the City Council: APPOINT a representative from the City Council and five members- at-large to the Development Code Advisory Committee. DISCUSSION: As part of the continuing work program for the General Plan, The Planning Center has begun work on the City's Development Code (zoning ordinance). To assist in the preparation of the Code staff is recommending the City Council appoint an Advisory Committee to review and provide direction on the Development Code. The purpose of the advisory committee is to provide input on the procedures, standards and regulations contained within the proposed code. Staff feels the advisory committee will play an important role in assuring the Code is easy to use, implements the goals and policies of the General Plan, and protects the community's public health, safety and welfare. Staff proposes the advisory committee include an appointee by each Councilmember, as well as a representative from the Council and Commission. Planning Department Staff and the City Attorney will also serve on the Committee. -The advisory committee should include representatives from the community, including perhaps a local planner, architect, landscape architect, developer or representative from a local community group. FISCAL IMPACT: The approved budget for FY 92-93 has allocated 930,000 under Account No. 100-161-999- 5248. S%DEVCODE~ADVCOMM.R1 C ITEM NO. 19 APPROVAT. CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA A GENDA REPORT City Council David F. Dixon, City Manager June 8, 1993 Grant for Tourism Advertising RECOMMENDATION: It is recommended that the City Council consider the request of the Tourism Council of the Temecula Valley Chamber of Commerce for $5000 to be used in an advertising campaign which will be coordinated with the Vintner's Association. STAFF REPORT: Attached you will find a letter from the Tourism Council of the Temecula Valley Chamber of Commerce requesting assistance in extendingthe length of an advertising campaign which was created to offset the negative publicity generated by the January flooding. The initial campaign was funded .with a grant of $25,000 from the California Trade and Commerce Agency. Advertisements placed in connection with the grant are expiring and the Tourism Council would like to extend the length of the campaign. The Tourism Council is requesting $5000 from the City and $5000 from the Temecula Valley Vintners Association to accomplish this goal. The Vintners have committed $5000 toward the advertising campaign, predicated on the City's participation. FINANCIAL IMPA C T: If the Council decides to act favorably on this request, staff will determine the appropriate source of funding and will be prepared to share that information with the City Council at the meeting of June 8, 1993. 27450 Ynez Rd., 6te. 104 Temecula, CA 92591 (909) 6/6-5090 May 18, 1993 Dave Dixon City Manager City of Temecula Mr. Dixon, The Tourism Council of the Temecu]a Valley Chamber of Commerce recently secured assistance in the form of a grant totaling $25,000 worth of prjnt advertising through the California Trade and Commerce Agency. The funds awarded are to mitigate the negative publj. cj=y created by the January floods, impacting the local tourism industry with a substantial loss of business. The Vintner's Association has guaranteed an add].tional sum of monies to enhance the advertising effort already underway. The Vintner,s Association is contributing $3,000, $5,000 ]f their contribution is matched by the City of Temecula. The City,s jnvolvement with this project will send a positive signal to area tourist related businesses and will also indicated to state level government the City of Temecuia's willingness to stand behind the community in times of crisis. The funds requested will be utilized ~0 extend the length of the current advertising campaign. Enclosed are copies of the ads that have been placed, as well as a schedule of the full campaign. Thank you for you consideration of our request your response. · We eagerly await Dave Wilson, Chairperson Tomecula Valley Chamber of Commerce 'Tourism Council CC: Dearie Manning, President - Temecula Valley Chamber of Commerce Le]gh Engdahl, EMeuutive Director, '!~;CC Scarleft Dwver. who owns Scar- lett's Country hm in the Nap, Val- ley· says tied same tiling. 'My kids grew up here. and I still reahy {oy children." Like Zolla. Dwver l~as a crib and high chair. "plu~ a couple of chickens the kids love to feed." Naturally· some inns are more suitable for kids than others, Dxx.wer cautions. "Parents should look for rooms .xxith private en- trances or that are detached from mcst afIordabk." with rates of S49- S¢;9 per night. Blon~ House. 1372 Minden I'drive. San Diego. Calif. 92111: ( G 1 H J 4 G7 - A "world of ion,.,'-forSotten South- ere hospitality and service" lures Mrs. Carl Heller of Brea to the Wal- lingford Inn in Ashland. Kan. She likes the canopted bed. floral chine and yards of lace found in the Wal- lin~ord room. At $455-55 per night. "resonable rates. too." Wal- lingford Inn. P.O. Box 799. Ashland. Kan. 67831: [316) 635-2129. lit~(~l' :k~itltK'C[ ~Hltt' Ii~.N ft., il. ltkt~tlt pine daybed plump with load,; of pillows. In Serengeti. on the garden level witl~ a private entrance. a whicker basket stuffed with maga- zincs nestles bem'een m-o wicker chairs. In Chawton. where I staved. a garden window box, hand-.4ten- cried flowers on the wall and cher- ub faces cozily transform the for- mer mald's quarters. .MI the decorations must make for a dusting nightmare, but noth- ing seems overdone. Eventhing blends in peaceful hues. It gets a bit snug with luE...*;t; rooms. ~mbianc~: Th. truvel. The u;tv just returned ir',E ruins in Bcliz~-. '. passion xxith ti~ci: travel tip slmct~ places such us HannH. .~ Gene Sweu afternoon fire in room at the 5 p.m. engage y~ in tal~ 11 tl:l;I.ll ;.ik T1/FR YTHING A Paradise of Simple Pleasures While this is a golfer's paradise with courses designed by Mark O'Meara and Robert Trent Jones. there is so much to explore ... A picnic in wine country among rolling vineyards and wildflowers, 11 vintners offering award .'inning wines and champagne. ;he famous Balloon a~d Wine Festival on May 1 and 2, and browsing through antique and specialt3, shops in historic Old Town. g ;~ ~'; TEMECULA GET-AWAY Tour SiECtAL 1 ~ INCLUDES: *Walking lout of historic Old Town. *Guided tasting mp through scen,c wine country. fo the 5' ~ ,4lEer hours. caIl' (9091 695.99997°r~' price of L. -. ~ Based upon space availability. Must present this ad. Offer expires 7/10/93 For more information on Paradise (the Temecula Valley) Contact: Temccula Valley Chamber of Commerce * 27450 Yne: Rd.. Suite 104 * Temecula. CA 92591 * (909) 676-5090 GeUway Pachge~ hcludes 2 Nitos 10d~.g, tor Castle or Cruise. available. For reservatio: 805-5~ For reae~ons c Ne~ A ezqn~ce 909-8C BEAR MAI~ BIG Sp~gla~tmvedtMt the mox~ti~.t Weeg~:~ W~e[~y~ ~ad mght 1-800.4 ~=; rutr CAPISTRA1V0 & patios. Honeymoo~ & r Rttes from S49 iacl hi~bor. Carl to reserve I.~00-2~ C0110NAD0 VI{ Ronamic b'ttway roor walks, bikes, dazcelfiuse 6194~ HARBORR HOUSE/S Ideal loca~ou for b~. bo,,eymmas, hz~y reumc date 16 adults. Carnage for 2. Private baths. ~ ata~ed. Rates 619-2~ For IH F, carlett l)xvver. who ~nvns Scar- lctt's Connit->' inn in the Napa X'a~- icy. sitys the same thing. 'My kids ~'ew up here. and I still really en- joy children." Like Zolla. DxxTer has a crib and high chair. "plus a couple of eh~kens the ~ds love to feed·" Naturally. some inns are more suitable for kids than oihers, Dx~3'er cautions. "Parents should look for rooms .with private en- trances or that are detached from · m¢~t aflo~xlabk." .'ith mitt-~ t~ $1;.~ per night. Blom House. 1372 .Minden I)rive. San Diego. Calif. 92111: ((;19) A "world of long-fin'gotten South- ern hospitalit>' and senqce" lures Mrs. Carl Hellor of Brea to the Wal- lin~ord Inn in .-kshland. Kan. She likes the canepied bed. floral chintz and yards of lace found in the Wal- lin.~ord room. At $455-55 per night, "resonable rates, too." Wai- lin~ord Inn, P.O. Box 799. Ashland, Kan. 67831: (316) 635-2129. H qlll II/ FVtCR YT'HING pine daybed plump with loads of pillows. 'in Serengeti. on the garden level witi~ a private entrance. a whicker basket stuffed with maga- zincs nestles bem'een two ~x'icker chairs. In Chawton. where I staved. a garden window box, hand-~ten- ciled flowers on the wall and cher- ub faces cozily transform the for- mer maid's quarters. All the decorations must make for a dusting nightmare, but noth- ing seems overdone· Even'thing blends in peaceful hues· It gets a bit A Paradise of Simple Pleasures While this is a golfer's paradise with courses designed by Mark O'Meara and Robert Trent Jones, there is so much to explore ... A picnic in wine countr), among rolling vineyards and wildflowers, 11 vintners offering award winning wines and champagne. the famous Balloon and Wine Festival on May 1 and 2, and browsing through antique and specialty shops in historic Old Town. TEMECULA GET-AWAY TOUR SPECIAL INCLUDES: *Walking tour of historic Old Town. 2 1 *Guided lasting trip through scenic wine country. for the *A grapevine cutting to plant at home. price of Call ~9o~ 676-5090 for resen'at,ons. Afwr ho.rs. call.' 0091 695-9999. Based ,,pen space availability. Must present this ad. Offer expires 7/10/93 · For more information on Paradise (the Temecula I/alley) Contact: · , Temecula Valley Chamber of Commerce * 27450 Yne: Rd.. Suite 104 * Temecula. CA 92591 * (909) 676-5090 snug with luggag room s. Arabianee: Tt~, travel. The day I ~ just returned fror: ruins in Belize. ~ passion wi~eir travel tip s. . tL places such ~q Sa HawaH. .~ Gene Swett afternoon fire in th room at the 5 p.m. engage y~ in tal ADOBE INN-SA 6etaway Padres: ~r ~e ~ C~. hc 805-54 For ~a~o~ ~ ~PL~ B~t 909~ BE~ ~ BIG B~ Sp~g ~ ~d ~ t ~e m~. ~k~, W~ 2nd ~g~ ~ 1-80~ C~IST~O 1~0~2~ CORON~O ~( ~ ~way ~ b ~k ~. F~ w~, b~ ~ 619~ HOUSE/~ I~ ]~ for ~ 2. ~e h~s, ~ ITEM 20 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: City Attorney DATE: June 8, 1993 SUBJECT: Settlement of Claim and Release between the City of Temecula and New Lutheran Church and the Pacific Southwest District - Lutheran Church Missouri Synod [Lutheran Church Extension Fund]. RECOMMENDATION: That the City Council: Approve, in substantially the form presented, the Agreement entitled: "SETTLEMENT OF CLAIM AND RELEASE BETWEEN THE CITY OF TEMECULA AND NEW COMMUNITY LUTHERAN CHURCH AND THE PACIFIC SOUTHWEST DISTRICT - LUTHERAN CHURCH MISSOURI SYNOD [LUTHERAN CHURCH EXTENSION FUND]" Authorize the City Manager to enter into the escrow and any other necessary agreement including consulting agreement necessary to implement the settlement. o Authorize the City Manager to enter into an engineering consulting agreement to design a buildable lot of 7.72 acres at Pauba and Margarita Roads, not to exceed $15,000. DISCUSSION: Last November 10, 1992, the City Council denied an application for a public use permit for the New Community Lutheran Church to build its worship facilities at the corner of Santiago and Ynez Roads. Subsequently, the Church filed a tort claim against the City on or about February 9, 1993. R:\Agenda. Rpt~Church 1 Agenda Report Settlement of Claim - Community Lutheran Church June 8, 1993 Page 2. Since then, City Staff and Church representatives have been negotiating a settlement agreement, including a land exchange, with the objective that the Church would not be materially better or worse off at the new site. To that end, the attached Settlement Agreement has been negotiated. It provided in principal, as follows: The Church Land at Santiago and Ynez Roads shall be exchanged for 7.72 acre buildable site on the City Land property, located within the Parkview property at Pauba and Margarita Roads. The City shall prepare a grading plan for the City Land, and shall rough grade the City Land into a 7.72 acre buildable site. Simultaneously, the City shall rough grade the adjacent section of Pauba Road. The Church shall widen Pauba Road to four lanes and install curb, gutter and sidewalks from Primavera Road to the City Land. The Church shall also extend utilities to the City Land. The cost of this work is approximately the same as the cost the Church would have incurred for off-site improvements at the Church Land. FISCAL IMPACT - $15,000 - Grading Plan $383,450. - Cost to Grade City Land and adjacent Pauba Road $205,450 -- City Land Excavation $ 78,000 = Pauba Road Excavation $ 49,000 = Pauba Road Crib Wall (To Protect Ex-residences) $333,450 $ 50,000 = 15% contingency $383,450 Indeterminate loss of value in exchanging City Land for Church Land. Funds are available in the Public Works Consulting budget to do the grading plan. An appropriation for the grading will be requested when the grading contract is submitted to Council for approval. ATTACHMENTS: Cost Estimates Settlement Agreement R:\Agenda. Rpt\Church 2 -~ PROJECT: CHURCH SITE/PAUBA ROAD EXTENSION COST ESTIMATE FOR FULL WIDTH WIDENING (88' ROW) FROM PRIMAVERA ROAD EAST TO PROPOSED CHURCH SITE ACCESS ~ 1040 LF Page 1 Church Site/Pauba Road DATE: April 6, 1993 QUANTITY UNIT ITEM UNIT COST AMOUNT 26,000 C.Y. Excavation GRADING 3.00 $78.000.00 *Assuming disposal within City Parkview property to the North 39,100 S.F. 1,995 L.F. 80 L.F. 182 L.F. 2,264 L.F. 4,925 S.F. 2 EA. 650 S.F. 5 EA. 2,000 S.F. 1 L.S. Subtotal STREET IMPROVEMENTS A.C. Paving $ 1.50 Curb & Gutter $ 6.00 Curb Only $ 5.50 A.C. Berm $ 2.50 Sawcut Ex Pvmt $ 1.130 Sidewalk 6' $ 2.9,25 Access Ramps $ 325 PCC X-Gutter $ 3.00 Street Lights $ 1,500 Access Road $ 3.00 Crib Wall $ 49,000 $78,000.00 $58,650.00 $11,970.00 $440.00 $455.00 $2,264.00 $11,081.25 $650.00 $1,950.00 $7,500.00 $6,000.00 $49,000.00 HotWATER IMPROVEMENTS 1 EA. Tap $ I EA. ~8" Wedge Value $ 26 L.F. ~8' P.V.C. Main $ Subtoml 5.000 $ 7O0 $ 15 $ $149,960.25 $5,000.00 $700.00 $390.00 1,084 2 Subtotal 'SEWER IMPROVEMENTS L.F. 8' P.v.C. Sewer Main $ 13 $ EA. 48" Manholes $ 3,000 $ $6,090.00 $14,092.00 $6,000.00 Subtotal $20,092.00 Total: $ 15% Contingency: $ Grand Total: $ $254,142.25 $38,121.34 $292,263.59 ***Note existing GTE, S.C.E. & Cable Utilities will be relocated by their respective agencies at their cost. PROPOSED CHURCH SITE GRADING 7 ACRES NET COST ESTIMATE PROJECT: Church Site/Pauba Road QUANTITY UNIT ITEM Page 2 DATE: April 6, 1993 UNIT AMOUNT COST 148,700 C.Y. 18,500 C.Y. 20,000 C.Y. GRADING Excavation · Alluvial Removal & Recompaction · Alluvial Removal & Recompaction (Offsite) * 1.00 $148,700.00 1.50 $27,750.00 1.50 $30,000.00 Total *Quantifies are based off grading exhibit provided by the City of Temecula Superimposed on a 100' scale topo base. **Export of 68,900 C.Y. to adjacent Park'view Property. $148,700.00 0~, ~'tCa SETTLEMENT OF CLAIM AND RELEASE BETWEEN THE CITY OF TEMECULA AND NEW COMMUNITY LUTHERAN CHURCH AND THE PACIFIC SOUTHWEST DISTRICT - LUTHERAN CHURCH MISSOURI SYNOD [LUTHERAN CHURCH EXTENSION FUND] This Settlement and Claim and Release Agreement ("Agreement") is by and between the City of Temecula ("City") and New Community Lutheran Church ("Church") and the Lutheran Church Extension Fund - Missouri Synod ("LCEF") and shall become effective only when executed by all parties hereto and when formally approved by the City Council at a duly noticed meeting of the Council. BACKGROUND INFORMATION The real property (Lot 86") which is subject matter of this Agreement is property located in Riverside County in the City of Temecula at the southeast comer of Santiago and Ynez Road ("Church Land"). The ti~e holder to Lot 86 is LCEF. LCEF and Church have an agreement to enable Church to purchase the land from LCEF to enable Church to erect worship facilities thereon. During 1992, Church applied to City for a public use permit ("PUP") to erect certain worship facilities on Lot 86. On September 21, 1992, the City of Temecula Planning Commission ("Commission") considered the Church's PUP Lot 86 and denied the same. Thereafter, the Church appealed the decision of the Commission to the City Council ("City Council") of the City of Temecula. On November 19, 1992, the City Council denied the Church's appeal. The Church believes that both the denial of their PUP application for Lot 86 and the manner in which their PUP application was denied by the Commission and Council violated their constitutional and other legal rights and that the Church has suffered monetary damage as a result of those violations. The City disputes these allegations. The City and the Church have met in an attempt to resolve the dispute between themselves and have agreed upon a land exchange (the "Exchange") as a cornpromised settlement of all claims which is memorialized by this Agreement. R: \CityAUy~Chur~h. Agr I 1. LOCATION OF LAND TO BE EXCHANGED. Church Land: Land, free of encumbrances, located at the southeast comer of Santiago and Ynez Road which City if receiving from Church in this Land Exchange ("City Land"). ("Church Land"). More particularly described in Exhibit A hereto.) Be City land: Buildable land, free of encumbrances, acceptable to Church, located south and adjacent to Panba Road and west of the existing City of Temecula Sports Park which Church is receiving from City in this land Exchange (City Land"). (More particularly described in Exhibit B hereto.) 2. ESCROW OF LAND TO BE EXCHANGED. As soon as reasonably possible, the parties will open an escrow (the "Escrow") at Rosewood Escrow, providing that the parties will exchange the City Land for the Church Land. The Church will receive comparable buildable City Land from the City in an amount not less than Church's current buildable Church Land, i.e., 7.72 acres. The City Land shall include the surrounding slopes. The instructions for said escrow shall contain provisions which reasonably require the parties to obtain title insurance (each party at its own cost), pro-rate property taxes (if any) as of date of close of escrow, and to assure themselves that the property land exchange is geologically sound and free of toxic wastes and suitable for construction. The Escrow shall close within 180 days of opening, or shall be terminated. 3. UTILITY CONNECTIONS. Church agrees that it will bear all costs necessary to bring all utilities to the _site of the City Land being exchanged with the Church at no cost to the City. 4. STREET IMPROVEMENTS. Prior to issuance of a certificate of oi:cupancy for any building on the City Land, Church shall design, widen and construct Pauba Road to four lanes, plus curb, gutter and sidewalk on the north side of the street, from Primavera Road west to the City Land. The Church shall pay all engineering, design, grading, permit, and construction costs, provided that the City shall rough grade Pauba Road concurrently with rough grading the City Land. As a condition to the closing of the Escrow, Church shall provide the City with City approved rough grading plans for Pauba Road prior to the close of the Escrow. R:\CityAtty\Churgh .Agr 2 5. COSTS & FEES INCURRED IN EXCHANGE. City and Church shall each bear one-half (1/2) of the Escrow costs and fees incurred in connection with the Exchange, including but not limited to title insurance fees. Each party shall bear its own legal fees. 6. ZONE CHANGE AND PUBLIC USE PERMIT. Prior to and as a condition of the clog of Escrow, the Church shall obtain approved Land use entitlement for the City Land, including a zone change and plot plan necessary for construction of a Church on the City Land. The City is under no obligation to approve any land use applications, and the Church is not obligated to authorize the closing of Escrow until it receives land use enti~ements satisfactory to the Church. If the Church does not receive satisfactory land use entiflements within 120 days of the opening of Escrow, the Escrow and this Agreement shall terminate. 7. GRADING OF CITY LAND FOR CHURCH USE. Prior to the close of escrow, City shall prepare a plan to rough grade the City Land into a 7.72 buildable site. City agrees that within one hundred and eighty (180) days after closing of the escrow, approval of land use enti~ements for worship facilities on the City Land in a form acceptable to the Church, and delivery of approved grading plans for Pauba Road, whichever occurs last, City shall complete rough grade and compact the City Land. City agrees that it shall bear all said costs of rough grading the City Land incurred in yielding a buildable pad of not less than 7.72 acres. Church should bear the responsibility of its own cost, for preparing site for construction beyond the rough grading stage. , CHURCH'S RELEASE OF PENDING/IMMINENT LEGAL CLAIMS COND1TIONED. Conditioned upon the closing of Escrow and the approval of Land Use entitlement for the Church's worship facilities on the City Land, Church agrees as follows: A, Church and LCEF and their owners, partners, officers, agents, employees, members, assigns and successors-in-interest, release City from any and all rights, claims, demands, and damages of any kind, known or unknown, asserted or unasserted, existing or arising on or before the date of execution of this Agreement and resulting from or related to the conditions or the allegations of the ton claim which the Church and LCEF filed with the City on or about February 9, 1993, which is attached as Exhibit D hereto. Church and LCEF understand and agree that all of their rights under Section 1542 of the Civil Cede of California or any similar law of any state or R:\CityAUy~,Church .Agr 3 Cw territory of the United States are hereby expressly waived. Said section reads as follows: "Section 1542. General Release - Claims Extinguished. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor." It is understood and agreed that this Agreement represents settlement of disputed claims and is not to be construed as representing an admission of liability on behalf of any party to this Agreement. The parties, however, intend to buy their peace and to forever provide a full and complete release and discharge from any and all liability arising out of the transactions, matters, and events more particularly identified hereinabove. Parties expressly warrant, represent and agree that in executing this Agreement, they do so with full knowledge of any rights which they have or may have with respect to this Agreement and with respect to the hereinabove referenced claim. The parties acknowledge that after entering into this Agreement, they may discover different or additional facts concerning the subject matter of this Release or their understanding of those facts. The parties therefore, expressly assume the risk of such facts being so different and agree that this Agreement shall, in all respects, be effective and not subject to rescission, cancellation or termination by reason of any such additional or different facts. ATYORNEY FEES/COSTS INCURRED IN REGARD TO ENFORCEMENT OF THIS AGREEMENT. Should any party thereto employ an attorney for the purpose of enforcing or construing this Agreement, or any judgment based on this Agreement in any legal proceeding whatsoever, including; insolvency, bankruptcy, arbitration, declaratory relief, or other litigation, including appeals or rehearings, the prevailing party shall be entitled to receive from the other party reimbursement for all attorney's fees and costs, including, but not limited to, service of process, filing fees, court and court reporter costs, investigative costs, expert witness fees, and the cost of any bond whether taxable or not. Should any judgment or final order be issued in that proceeding, such reimbursement shall be specified therein. The "prevailing party" means that party determined by the court to most nearly prevail, and not necessarily the one in whose favor a judgment is granted. R:XCityAuy\Church .Agr 4 ~ 10. CONSTRUCTION OF TERMS. This Agreement and the terms thereof shall be constructed and enforced in accordance with the Laws of the State of California. 11. BINDING ON SUCCESSORS. All the terms of this Agreement shall be binding upon, and inure to the benefit of, and be enforceable by, the parties hereto and their respective legal representatives, successors and assignees. 12. EXECUTION OF ADDITIONAL DOCUMENTS. The parties hemto agree to execute such additional documents as may be reasonably necessary or appropriate to implement the terms and provisions of this Agreement. 13. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed shall be deemed an original; and such counterparts shall together constitute but one Agreement. R: ~CityAuy \Church. Agr 5 .~- IN WITNESS WHEREOF, the parties have hereunto set their hand the day and year set forth opposite each party respective name. CHURCH DATED: ,1993 President a Non-Profit Organization LCEF DATED: , 1993 Gerald E. Wentit, Vice President Lutheran Church Extension Fund- Missouri Synod, a Non-Profit Organization CITY DATED: , 1993 By: J. Sal Munoz, Mayor City of Temecula By: June S. Greek, City Clerk APPROVED AS TO FORM By: Scott F. Field City Attorney R:\CityAUy\Chur~h.Agr 6 ~ TEMECULA COMMUNITY SERVICES DISTRICT AGENDA ITEM 1 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT MAY 11, 1993 A regular meeting of the City of Temecula Community Services District was called to order on Tuesday, May 11, 1993, 7:50 P.M., at the Temecula Community Center, 22816 Pujol Street, Temecula, California. The meeting was called to order by President Patricia H. Birdsall. PRESENT: 5 DIRECTORS: Mu~oz, Parks, Roberts, Stone, Birdsall ABSENT: 0 DIRECTORS: None Also present were City Manager David Dixon, Assistant City Manager Woody Edvalson, City Attorney F. Scott Field, City Clerk June S. Greek and Recording Secretary Gail Zigler. PUBLIC COMMENT None CONSENT CALENDAR It was moved by Director Parks, seconded by Director Stone to approve Consent Calendar Items No. I - 4. The motion carried as follows: AYES: 5 NOES: 0 ABSENT: 0 DIRECTORS: Mu~oz, Parks, Roberrs, Stone, Birdsall DIRECTORS: None DIRECTORS: None Minutes RECOMMENDATION: 1.1 Approve the minutes of April 13, 1993. ,/~,, CSDMIN5/11193 -1- 611193 COMMUNITY SERVICES DISTRICT MINUTES MAY 11, 1993 Aqreement and Bonds to Improve Neiohborhood Park Site - Van Daele Develooment Corporation RECOMMENDATION: 2.1 Approve an agreement and accept surety bonds provided by the developer to improve the neighborhood park within Tract No. 22627-0, Van Daele Development Corporation. Aqreement and Bonds to Improve Neiqhborhood Park Site - Preslev Companies of San Dieao RECOMMENDATION: 3.1 Approve an agreement and accept surety bonds to improve a 9.2 ace neighborhood park within Tract 23267-2 and allow the developer to obtain an additional fifty-two (52) building permits. Landscape Maintenance Contract APProvals RECOMMENDATION: 4.1 Award contracts to Fallbrook Landscape, Excel Landscape, California Landscape, Accurate landscape and Pro-Scape, Inc. to provide landscape maintenance services for the Temecula Community Services · District for FY 1993-94. GENERAL MANAGER'S REPORT None DIRECTOR OF COMMUNITY SERVICES REPORT Director Nelson advised that beginning June 24, 1993 and continuing through August 26, 1993, a Substance Abuse and Teen Counseling Program will be offered at the Teen Center from 12:00 PM to 2:00 PM. Bunny Collins, with the Riverside County Department of Mental Health, has offered to donate her time, free of charge, for this first summer session. CSDMIN5/11/93 -2- 6/1193 COMMUNITY SERVICES DISTRICT MINUTES BOARD OF DIRECTORS REPORTS None MAY 11, 1993 ADJOURNMENT It was moved by Director Parks, seconded by Director Stone to adjourn at 7:55 P.M. The next regular meeting of the City of Temecula Community Services District will be held on Tuesday, May 25, 1993, 8:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California. President Patricia H. Birdsall June S. Greek, City Clerk ~ CSDMINS/11/93 -3- 6/1193 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD MAy 25, 1993 A regular meeting of the Temecula Community Services District was called to order at 8:25 PM in the Temecula Community Center, 28816 Pujol Street, President Patricia H. Birdsall presiding. PRESENT: 3 DIRECTORS: Parks, Mu~oz, Birdsall ABSENT: 2 DIRECTORS: Roberrs, Stone Also present were Assistant City Manager Harwood Edvalson, City Attorney Scott F. Field and June S. Greek, City Clerk. PUBLIC COMMENTS None given. CONSENT CALENDAR It was moved by Director Parks, seconded by Director MuAoz to approve items number I and 2 on the consent calendar as follows: Combinina Balance Sheet and Statement of Revenues, Exoenditures and Chanaes in Fund Balance for the Nine (9) Months Ended March 31, 1993 RECOMMENDATION: 1.1 Receive and File Report t AcceDtance of Mass GradinQ for the Community Recreation Center Phase 1 - PW 92- .029) RECOMMENDATION: 2.1 Accept the mass grading for the Community Recreation Center - Phase 1, project 92-029 as complete and direct the City Clerk to file the Notice of Completion. 2.2 Accept a one-year Maintenance Bond (10% of contract amount) and authorize release of the Materials and Labor Bond seven (7) months after filing the Notice of Completion if no liens have been filed. Minute~ TCSO 0625=83  1 05128/~3 The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 1.2 Parks, Mu~oz, Birdsall None 2 COUNCILMEMBERS: Roberrs, Stone Approve the minutes of February 23, 1993. e TCSD Prooosed Rates and Charges for FY 1993-94 and EstablishinQ a New Benefit Zone Entitles Service Level "R" Community Services Director Shawn Nelson presented the staff report outlining the provisions of the resolutions setting the public hearings to consider the TCSD rates and charges. He also outlined the provisions of the resolution dealing with the amendment to the appeal process. Director Mu~oz questioned the intent of the new service level "R". Director Nelson explained that this is being established to handle costs for unimproved roads within the City. Director Parks asked if the appeal process provides for ample opportunity to file an appeal. City Attorney Scott Field explained the time period allowed follows closely the County's time schedule for property tax assessments. He stated this procedure allows the tax bill to be adjusted prior to the issuance of the annual assessments rather than requiring payment by the property owner with a reimbursement sometime later if the appeal is granted. It was moved by Director Mu~oz, seconded by Director Parks to approve staff recommendations 3.1 and 3.2 as follows: 3.1 Adopt a resolution entitled: RESOLUTION NO. CSD 93-01 A RESOLUTION OF THE COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACCEPTING THE FILING OF A REPORT ON THE PROPOSED TEMECULA COMMUNITY SERVICES DISTRICT RATES AND CHARGES FOR FISCAL YEAR 1993-94 AND SETTING A TIME A PLACE FOR PUBLIC HEARING IN CONNECTION THEREWITH Minu~ee TCSO 062683 2 06128/93 ~ 3.2 Adopt a resolution entitled: RESOLUTION NO. CSD 93-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DECLARING ITS INTENTION TO ESTABLISH A BENEFIT ZONE ENTITLED SERVICE LEVEL "R" WITHIN ITS BOUNDARIES AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH Director Parks asked if the reason for the proposed increase in Service Level A is based on the anticipated cost of graffiti removal. Community Services Director Nelson advised the Board that staff will be preparing two scenarios at the time of the public hearing to show two programs for consideration regarding graffiti removal, one using in-house services and one contract services. The motion was unanimously carried, with Directors Roberrs and Stone absent. It was moved by Director Mu~oz, seconded by Director .Parks to approve staff recommendation 3.3 as follows, with the exception that the appeal period may be extended with the understanding that the property owner will be responsible for costs incurred after the July 1, filing deadline. 3.3 Adopt a resolution entitled: RESOLUTION CSD 93-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICTAMENDING THE PROCESS FOR APPEALING THE ADOPTION OF RATES AND CHARGES AGAINST PROPERTY WITHIN THE TEMECULA COMMUNITY SERVICES DISTRICT. The motion was unanimously carried with Directors Roberts and Stone absent. GENERAL MANAGER'S REPORT No report given. COMMUNITY SERVICES DIRECTOR REPORT None given. ADJOURNMENT It was moved by Director Parks, seconded by Director Mu~oz to adjourn at 8:44 PM to the Mint,tee TCSD 062683 3 06128/93 next regular meeting to be held at the Temecula Community Center, 28816 Pujol Street, Temecula on June 8, 1993, 8:00 PM. The motion was unanimously carried with Director Roberrs and Director Stone absent. Patricia H. Birdsall, President ATTEST: June S. Greek, TCSD Secretary Minutes TCSD 062613 4 06128/i3 '~% ITEM NO. APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER/~:~ CITY OF TEMECULA AGENDA REPORT TO: BOARD OF DIRECTORS FROM: DAVID F. DIXON, CITY MANAGER DATE: MAY 26, 1993 SUBJECT: CONTRACT AMENDMENT FOR WIMMER YAMADA ASSOCIATES - PALA ROAD PARK SITE PREPARED BY: RECOMMENDATION: SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR That the Board of Directors: Approve amendment of 921,038 to contract with Wimmer Yamada Associates (WYA) to provide additional engineering services for the Pala Road park site. 2. Appropriate 921,038 in the capital projects fund (210-190-120-5802) from Development Impact Fees. DISCUSSION: On August 25, 1992, the Board of Directors awarded a contract of $185,400 to WYA to provide design services for the 28 acre park site located adjacent to Pala Road. On January 26, 1993, the Board approved an amendment of $17,000 for design of an additional restroom facility and offsite access improvements. As a result of the design process, it has been determined that additional work is required to comply with State and Federal Regulatory Agencies, i.e., Federal Emergency Management Agency (FEMA), Army Corps of Engineers. This additional work includes modifying the existing floodplain/HEC-2 studies and request of a Conditional Letter of Map Revision through FEMA; FEMA plan check fees; conducting trapping studies for Stephens' Kangaroo Rat as recommended in the Stephens' Kangaroo Rat Habitat Assessment report dated April 28, 1993; and processing a Nationwide permit required by the Army Corps of Engineers. ,,~,., r:\C~AFadas~AIe~mb.~'YA 052693 A recap of the additional expenses are as follows: 1. HEC-2 study and FEMA plan check fees ,950 2. Stephens' Kangaroo Rat Trapping Study 6,500 Corps of Engineers Section 404 Nationwide Permit No. 26 Consultant Fees 2,588 $21,038 It is therefore recommended that the contract with WYA be amended to include the additional engineering and architectural design services for this project with a not-to-exceed amount of 921,038. With the completion of the above services, the construction documents for the park site on Pala Road will be ready for formal public bid this summer. FISCAL IMPACT: Total costs of $225,538. It is requested to appropriate Development Impact fees. the design services contract with WYA is $21,038 in the capital projects fund from r:~C~'adas~ASt13da. WYA ~ 052~3 AMENDMENT NO. 03 TO CONTRACT ORDER NO. 12838 Pala Road Park Site May 26. 1993 The Agreement dated August 25. 1992. 199:3, between the City of Temecula, and Wimmer and Yamada Associates WYA) (heroinafter referred to as "Agreement") is hereby amended as follows: RE: Additional Services Section I Scope of Work is hereby amended to include additional services as described in Exhibit "A" (attached). Compensation for these additional services is a not to exceed $21,038 to be paid in one (1) lump sum following completion of said service. Section 2 All other terms and conditions of the Agreement shall remain the same. The parties hereto have executed this Amendment on the date and year above written. By: CONSULTANT By: CITY OF TEMECULA J. Sal Mu~oz, Mayor APPROVED AS TO FORM: Scott F. Field, City Attorney ATTEST: June S. Greek, City Clerk EXtlmlT A PALA RD. PARK HF.C.-2 STUDY AND FF-MA PLAN ~--HF,.CK F, FES Perform tlec-2 analysis for application of a floodplain amendment and a flood way map revision to permit installation of fill within floodplain area and second reslroom buildlng. within floodway area. Fee includes process. application, and approvals. ~I'EPHEN'S IC_AJqGAROO RAT TRAPPING ~FUD~ To perform a trapping study to confirm presence or non-pre~ence of the Stcphcn's Kangaroo I~t. Since this spccics is listed as an endangered species the Dept. of Fjsh and Wildlife requires that the verification study be complctcd. If species k found on this site, the city will enter into a mitigation program through a land credit exchange. CORPS OF ~NGINEERS SECTION 404 NATIONWIDE PERMIT 26 CONSUI-TANT FEES To perform neces~mt), study and research for determination of Army Corps jurisdiction on project site which would require additional appli~dt~on for a 404 permit. F.~cpctk~e includes consul 'tant team meeting with Army Corps staff to present documentation proving that current d~ign is acceptable under a nationwide permit (26) program (less than 2 ac. impact on WctlancLs area.) ADDITIONAl. FEE .~CHEDULE The total fee for services as described above wiJl be the lump sum amount of TWENTY ONE THOUSAND THIRTY EIGHT DOLLARS ($21,038.00). y YAAIAJM. FA.qLA k lF2111 D. ~IIIIQN. ~, P,IalICI~ W. ,~.~kli(alKV, A.edJ,, PBmtll~kLI Firm AVkNtiE & ~kqk DI~ CAIJI'~It~IA llZ lOl - Mgr2,32..tQ04, FAX 61W2,12de, ld JI.)I-I~JLqIN AVEM. t~ · Rq'l~ 10] · T-~l~i'ffi.A, CAi.IFrlNiA e;2~90,714/bq4.(,~3, FAX 714~u4~.~5 CA RI'.,i: 15ill. t'L~V AKll 121~5 ITEM NO. 3 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER /~, CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: BOARD OF DIRECTORS DAVID F. DIXON, CITY MANAGER JUNE 8, 1993 ACCEPTANCE OF EASEMENT DEEDS MAINTENANCE - THE PRESLEY COMPANIES FOR SLOPE PREPARED BY: RECOMMENDATION: ~c~,x BERYL YASINOSKY, DEVELOPMENT ASSISTANT That the Board of Directors: Accept easement deeds for the TCSD to provide slope maintenance services 'within the Presley Development. DISCUSSION: The enclosed easement deeds have been reviewed by staff to insure that legal and landscaping requirements have been satisfied. The slope landscaping areas have been inspected by our Maintenance Superintendent and are acceptable to our standards. Copies of the site plans for the TCSD landscape areas are also attached for your review. The following tracts are recommended for acceptance for slope maintenance purposes: 1. Tract 23267-0 2. Tract 23267-1 3. Tract 23267-4 4. Tract 26861-1 FISCAL IMPACT: Cost to maintain the slope areas is included within the TCSD Rates and Charges for FY 1'993/94 - Service Level C. r:~C~Agendas\Presley.527 lHOSE PORTIONS OF LOTS 1 THROUGH 50~ TRACT NO. 25267-4. IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED IN BOOK 256, PAGES 21 THROUGH 24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF R I VERS I DE, DESCR I BED AS FOLLOW: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT I OF TRACT NO. 25267-4, SAID POINT ALSO BEING ON THE EASTERLY LINE OF LOT "A" OF SAID TRACT NO. 23267-4; THENCE ALONG THE WESTERLY LINE OF SAID LOTS i THROUGH 5 OF SAID TRACT, NORTH 16'56'43" WEST 202.89 FEET TO THE MOS1 WESTERLY CORNER OF SAID LOT 5, SAID POINT ALSO BEING ON THE NORTHWESTERLy LINE OF LOT "5" OF SAID TRACT NO. 23267-4; THENCE ALONG THE NORTHWESTERLy LINE OF SAID LOT 5~ NORTH 24°10'07" EAST 35.65 FEET TO THE NORTHERLY LINE OF SAID LOT 5; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 5, NORTH 74'00'00" EAST 77.61 FEET TO THE NORTHEASTERLy LINE OF SAID LOT 5; THENCE ALONG THE NORTHEASTERLy LINE OF SAID LOT 5~ SOUTH 55'28'21" EAST 4.78I THENCE LEAVING SAID NORTHEASTERLy LINE, SOUTH 72'06°18" WEST 41.52 FEET; THENCE SOUTH 72'25'0i)" WEST 37.44 FEET; THENCE SOUTH 6e°~4'2e" EAST 4.55 FEET~ THENCE SOUTH 18'57'~7" WEST 27.78 FEET; THENCE NORTH 72'21'10" WEST 4.21 FEET; THENCE SOUTH 14'48'56" EAST 20.97 FEETI THENCE SOUTH 16'56'47" EAST 44.99; THENCE SOUTH 16'46'51" EAST 44.88 FEET; THENCE SOUTH 16'50°05.. EAST 4'5.28 FEET; THENCE SOUTH 16'58'49" EAST 44.78 FEET TO THE SOUTHERLY LINE OF SAID LOT l; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 1, SOUTH 74'00°00" WEST 8.62 FEET TO THE POINT OF BEGINNING. SAID PARCEL "A" CONTAINS .056 ACRES MORE OR LESS SEE EXHIBIT "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PARCEL "B" TCSD LANDSCAPE MAINTENANCE EASEMENT WITHIN PUBLIC RIGHT-OF-WAy THOSE PORTIONS OF LOTS "A" AND "8" OF TRACT NO. 25267-4, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED IN BOOK 236, PAGES 21 THROUGH 24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOW: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1 OF TRACT NO. 25267- 4. SAID POINT ALSO BEING ON THE EASTERLY LINE OF LOT "A" OF SAID TRACT; THENCE ALONG THE EASTERLY LINE OF SAID LOT "A", NORTH 16°36'45" WEST 202.89 FEET TO THE MOST WESTERLY CORNER OF LOT 5 OF SAID tRACT, SAID POINT ALSO BEING ON THE SOUTHEASTERLy LINE OF LOT "B" OF SAID TRACT; THENCE ALONG SAID SOUTHEASTERLY LINE, NORTH 24°10'07'' EAST 55.65 FEET TO THE SOUTHERLY LINE OF SAID LOT "B"; THENCE ALONG SAID SOUTHERLY LINE, NORTH 74'00'00" EAST 77.61 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 5; THENCE ALONG SAID NORTHERLy LINE OF SAID LOT 5, SOUTH 55'28'2i" EAST 4.78 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 5, NORTH 72'06'18" EAST 2.52 FEET; THENCE NORTH 55'28'21" WEST 7.26 FEET; THENCE SOUTH 74'C~0'00" WEST 82.22 FEET; THENCE SOUTH 24'50'26" WEST 58.74 FEET; THENCE SOUTH 16'56'45" EAST 202.89 FEET TO THE SOUTHEASTERLy LINE OF SAID LOT "A"; THENCE ALONG SAID SOUTHEASTERLy LINE, NORTH 73°23'17" EAST 6.00 FEET TO THE POINT OF BEGINNING. SAiD PARCEL "B" CONTAINS 0.036 ACRES MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTST RIGHT OF WAY AND EASEMENTS OF RECORD. SEE EXHIBIT "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 3.N. 225-89 5/06/95 GLI~/SBE S ~¢ ~oc [3~ ~,00.00' j~'~f' LINE DATA ' · · ~OfESSIO,_4t~'2 Lq NtG'3G'47'W 44.qq' LANDSCAPE MAINTENANCE EASEMENT ' Q NL P, g-:~,,.f~, THOSE PORTIONS OF LOTS 1 THROUGH 5 AND CII~OSI~Y En~ineer~ · Pla:~ur~e:yor~ OFFICE OF THE COUNTY RECORDER OF THE ~E~ 5850 El Caratrio Re61, Suite 200 UNTY OF RIVERSIDE :~E::LI~TT(::),,T~TCarlshad, Callfornl. 92008 · Assoc~T~s (.~9) ,ss - ~2x0 EXHIBIT "C" =~ecorded at request of and re~urn To: Clerics Department of Temecula -~3174 Business Park Drive 7emecula, CA 92590 FF)r-c RECORDING O, ~s-zrurnent is for the benefi~ of :he City of Temecula and is entitled :o be recorded without fee :Gov~. Code 6103). IRREVOCABLE OFFER TO DEDICATE Parcel: TRACT NO. 23267-4 LOTS 6 THROUGH i0 AND LOTS "A" AND "B" Projec=. OLD VAIL RANCH :OR A VALUABLE CONSIDEBA~ON, receipt of which is hereby acknowledged, THE PRESLEY COMPANIES, A CALIFORNIA CORPORATION (" Grantor"), hereby irrevocably offers to dsdic3te to the City of Temecula (" Grantee "), together .vith the' right to further grant or l~ansfer the same to others, a perpetual easement and right-of-way for naintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries af that certain real property located in the City of Temecula, County of Riverside, more particularly described in -~xhibit "A" attached hereto, which is incorporated heroin by this reference (the "Easement Area"). "GRANTOR RESERVES THOSE 'CERTAIN RIGHTS DESCRIBED ON EXHIBIT "B',' ATTACHED HERETO." f GRANTEE, or its governmental entiD/, successors, or assigns, determines it is unable, incapable, or unwilling to naintain said Easement Area, maintenance shall, after notice, become the responsibility of GRANTOR, with all :ovenants and agreements of this easement extending to and becoming obligations of all heirs, executors, ~.dministrators, successors and assigns of the GRANTOR. GJC~/~AA A ~ ~ 5--; o-To GERAL~ P. NORDEMAN SR. VICE PRESIDENT ;TATE OF CALIFORNIA) :OUN3'Y OF RIVERSIDE ) s.s. Dpeared ¢t , personally known to me (or proved to me on the basis of stjsfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and cknowledged to me that he/she/they executed the same in his~er/their authorized capaciD/lies), and that by is/lner/their signatu~o~s) on the instrument the person(s), or the e,,d/y upon behalf of which the person(s) acted, ×ecuted the instrument. JITNESS my hand and official seal. CEFFi'IRCATE Of ACCEPTANCE is to certify that the interest in real property conveyed by me within irrevor_.~ble Cfffer To Dediczte to the City of .=rnecuJa, a political corporation and/or governmental agency, is hereby a__r~?pted by order of the Cjry Council The date below the Grantee consents to the recorda~on thereof by its duly authorized officer. June S. Greek, City C3erk 0131g2 EXHIBIT "B" TO IRREVOCABLE OFFER TO DEDICATE Grantor hereby reserves for itself and VERANDA AT BRIDLEVALE HONEOt,fNERS ASSOCIATION, a California nonprofit mutual benefit corporation ("Association") the right, but not the obligation, to plant flowering plants within the Easement Area. The party who exercises this right shall be responsible for the maintenance of the flowering plants and their removal or replacement when appropriate or at such time as the Grantee requests removal. Grantee shall have no obligation to maintain, remove or replace any plants placed in the Easement Area by Grantor's or the Association's exercise of this right. 5/5/93 EXHIBIT "A" ~ ~x~ ~-~/.~ PARCEL "A" - TCSD LANDSCAPE MAINTENANCE EASEMENT THOSE PORTIONS OF LOTS 6 THROUGH 10 OF TRACT NO. 25267-4, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED IN BOOK 256, PAGES 21 THROUGH 24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS: BEGINNIN6 AT THE SOUTHEASTERLY CORNER OF LOT 6 OF TRACT NO. 25267- 4; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 6, SOUTH 74'00°00" WEST 80.85 FEET TO THE SOUTHWESTERLy LINE OF SAID LOT 6; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 56'40'5e" WEST 55.28 FEET TO AN ANGLE POINT THEREIN, SAID POINT ALSO BEING A POINT ON THE EASTERLY LINE OF LOT "A" OF SAID TRACT; THENCE ALONG SAID EASTERLY LINE OF SAID LOT "A", NORTH 16'56°45" WEST 242.02 FEET TO THE NORTHERLY LINE OF LOT 10 OF SAID TRACT; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 10, SOUTH 81°25'24°. EAST e.21 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 16'51'16" EAST 40.04 FEET; THENCE SOUTH 16'5~°40" EAST 40.05 FEET; THENCE SOUTH 16'48'50" EAST 45.16 FEET; THENCE SOUTH 16°54'45" EAST 45.01 FEET; THENCE SOUTH 16°41'01'. EAST 44.~e FEET; THENCE SOUTH 16'44'08" EAST 22.31 FEET; THENCE NORTH 35'06'04" EAST 5.27 FEET; THENCE SOUTH 56'1~'18" EAST 26.07 FEET; THENCE SOUTH 32'57'28" WEST 5.24 FEET; THENCE NORTH 74'53'10" EAST 38.71 FEET;' THENCE NORTH 75'04'08" EAST 44.82 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 6; THENCE ALONG SAID SOUTHEASTERLy LINE, SOUTH 25°25'25" WEST 7.~2 FEET TO THE POINT OF BEGINNING. SAID PARCEL "A" CONTAINS .067 ACRES MORE OR LESS SEE EXHIBIT "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PARCEL "B" - TCSD LANDSCAPE MAINTENANCE'EASEMENT WITHIN PUBLIC RIGHT-OF-WAy THOSE PORTIONS OF LOTS "A" AND "B" OF TRACT NO. 23267-4, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED IN BOOK 236, PAGES 21 THROUGH 24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLy CORNER OF LOT 6 DF SAID TRACT NO. 23267-4, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF LOT "B" OF SAID TRACT; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 6 SOUTH 74'00'00" WEST 80.83 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 6; THENCE ALONG THE SOUTHWESTERLy LINE OP SAID LOT 6, NORTH 56°40'5~.. WEST 35.28 FEET TO AN ANGLE POINT THEREIN, SAID POINT ALSO BEING A POINT ON THE EASTERLY LINE'OF SAID LOT "A" OF SAID TRACT; THENCE ALONG SAID EASTERLY LINEm NORTH 16'36°45" WEST 242.02 FEET TO THE NORTHWEST CORNER OF LOT lO OF SAID TRACT; THENCE LEAVING SAID EASTERLY LINE DF SAID LOT "A", NORTH 73'23'17" WEST 6.00 FEET; THENCE SOUTH 16°36'45" EAST 242.02 FEET; THENCE SOUTH 58'48°23" EAST 59.11 FEET; THENCE NORTH 74'00°00" EAST 84.16; THENCE NORTH 25'25'25" EAST 10.52 FEET; THENCE SOUTH 75°04'08" WEST 2.62 FEET TO A POINT ON THE SOUTHEASTERLy LINE OF SAID LOT 6; THENCE ALONG SAID SOUTHEASTERLy LINE, SOUTH 25'25'25" WEST 7.e2 FEET TO THE POINT OF BEGINNING. SAID PARCEL "B" CONTAINS .041 ACRES MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT OF WAY AND EASEMENTS OF RECORD. SEE EXHIBIT "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. JN 225/08e 05/14/~5 I LB/S:Z Engineers · Planners · : urveyors 5850 ~_~ Can~Lao Real Suite ~00 (6lg) 438 - 1210 ~ ~ sve o VICINITY IVlAP NO SCALE I INDICATES LANDSCAPE MAINTENANCE EASEMENT IN FAVOi20I= TCSD - PAI~CEL (AI;2EA · 0.067 AC.) [ ~.': .'?-l.',,:',%;[I IN:)ICATES LANDSCAPE MAINTENANCE EAS~ IN InAVOI~ OF TCSD WITNIN PUBLIC I;21P=~IT-OF--WAY - PAI;2CEL "'B' (AI~EA - O.O41 AC.) 2~ 7 . ao '~"?":?"":':" "'~,H ' '~ ~"j~~ :.;. '.".'.'.~'44'o8'w zz 3~' ~d "', ~ '. :. :. :': ". :.". ~94 'o0'oo-~ "86.5a" ." .,. .... . ,, _.; ;,...... ],. ;; ... N25'25'ZS'E VI ::LOT6 ~ POR~0N OF LOTS 6 ~ROUGH 10 AND LOT A POQUITO PORTIONS OF LOTS "A" AND "B" OF TRACT NO. 23267-4, AS RECORDED IN BOOK 236, PAGES 21 THROUGH 24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE FXHIBIT "C" TCSD4B.DWC ~car~.e.~ ~,~ reques~ oT aria re:urn ~; ty Clerks Deparm~ent ;cy. of Terhecula 3174 Business Park Drive =_mecula, CA 92590 R ' ECORDING ~i~E'RJ~ument is for the benefit of :e L,,~ of Temecula and is entitled be recorded without fee .~ov~. Code 6103). IRREVOCABLE OFFER TO DEDICATE Parcel: Tract No. 23267-4 Lot llAND LOT A Pr~ect: Old Vail Ranch DR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LLRK S. MORTON AND CARRIE M, MORTON, HUSBAND AN~ WIFE AS JOINT TENANTS ("Grantor'), hereby irrevocably offers to dedicate to the City of Temecula ("Grantee "), together ith the' right to further grant or transfer the same to others, a perpetual easement and right-of-way for aintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries that certain real property located in the City of Temecula, County of Riverside, more particularly described in :hibit "A" attached hereto, which is incorporated heroin by this reference (the "Easement Area"). GRANTEE, or its governmental entity, successors, or assigns, determines it is unable, incapable, or unwilling to aintain said Easement Area, maintenance shall, after notice, become the responsibility of GRANTOR, with all ~venants and agreements of this easement extending to and becoming obligations of all heirs, executors, !ministrators, successors and assigns of the GRANT~_~,,/<, '~ L~OP-,'~. - ltLPd< S. MORTON - CARRZS MO ?0N GRANTOR ~TED .,'A._ OF CALIFORNIA DUNTY OF RIVERSIDE ~ E-/~- ~_~ before me, the undersigned , A Notary Public in and for the State of California, personally meared '~Ga/~' ~ ~ ~n/o- , personally known to me (or proved to me on the basis of :isfacto~ evidence) to be the person(s) whose name(s) is/are subscribed to ~e within instrument and knowledged to me that he/she/they executed the same in his~er~eir a~horized caDaciW(ies), and that by :/her/their signetS) on the instrument the person(s), or ~e e.d[y upon behalf of which the person(s) acted, soured the instrument. ~ ~ ~ ...... ~ ~ ~ ~ < J. WEBB > ITNESS my hand and official seal. ( NOT~Y~.~F~N~ ) ~ OECO CO~W ~ ~ Co~. ~=ees June 3. 1994 > CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property conveyed by the within Irrevocable Offer To Dedicate to the City of ~ecula, a political corporation and/or governmental agency, is hereby a_c~__pted by order of the City Council the date below the Grantee consents to the recordation thereof by its duly authorized officer. June S. Greek. City Clerk ~-ne/ir~ev .dad O13112 EXHIBIT "A" /~ PARCEL "A" - TCSD LANDSCAPE MAINTENANCE EASEMENT THAT PORTION OF LOT 11 OF TRACT NO. 23267-4, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED IN BOOK 236, PAGES 21 THROUGH 24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF T;IE COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 11 OF TRACT NO. 23267- 4; THENCE ALONG THE WESTERLY LINE OF SAID LOT, NORTH 16'5&'43" WEST 98.52 FEET TO THE MOST WESTERLY CORNER OF SAID LOT; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT, NORTH 28'23'01" EAST 20.00 FEET TO THE NORTHERLY LINE OF SAID LOT 11, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 79; THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 11, NORTH 73'23'17" EAST 2.48 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID LOT 11; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 55'04'48" EAST 51.66 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE, SOUTH 48'58'13" WEST 44.12; THENCE SOUTH 16'21'07" EAST 57.70 FEET TO THE SOUTHERLY LINE OF SAID LOT 11; THENCE ALONG SAID SOUTHERLY LINE, NORTH 81'25'24" WEST e.21 FEET TO THE POINt OF BEGINNING. SAID PARCEL "A" CONTAINS 0.051 ACRES MORE OR LESS. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PARCEL "B" - TCSD LANDSCAPE MAINTENANCE EASEMENT WITHIN PUBLIC RIGHT-OF-WAY. THAT PORTION OF LOT "A" OF TRACT NO. 25267-4, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED IN BOOK 256, PAGES 2i THROUGH 24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 11 OF TRACT NO. 232~7- 4, SAID POINT ALSO BEING ON THE EASTERLY LINE OF LOT "A" OF SAID TRACT; THENCE ALONG THE EASTERLY LINE OF SAID LOT "A", NORTH 1~'36'43" WEST 98.32 FEET; THENCE NORTH 28'25'01" EAST 20.00 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID LOT "A"; SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY THENCE ALONG THE NORTHERLY LINE OF SAID LOT "A", SOUTH 73'25'i7" WEST 8.48 FEET; THENCE LEAVING SAID NORTHERLY LINE~ SOUTH 28'25'01" WEST 16.48 FEET; THENCE SOUTH 16'36'43" EAST 100.80 FEET| THENCE NORTH 75'23'17" EAST 6.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL "B" CONTAINS 0.01~ ACRES-MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF WAY AND EASEMENTS OF RECORD SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. JN. 225-089 05/19/95 GLB/SBE LINE DATA NO. BEARING L1 N28'23'Ol'E L2 N73'Z3'17'E L3 N28,'23'01'1~ L4 N73'Z3'17'E L5 N81'23'Z4'W LG N73'23'17'E ,% DISTANCE 20.00' 2.48' 1G.48' G.OO' q.2r 8.48' I',J ·. INDICATES LANDSCAPE MAINTENANCE ['"""" ' "J EASEMENT IN I=AVO~ OF TCSD PAI;2CEL 'A' (AI2EA - O.O51 AC.) I'~','..~.".."',',::'1 INDICATES LANDSCAPE MAINTENANCE EASEMENT IN I=AVOI~ OF TCSD WITHIN PUBLIC I;21G,LFF~OI=-WAy. PARCEL 'B' CROSBY MEAD BENTON & ASSOCIATES (AI:;EA - 0,016 ACJ Engineers · Planners · :urveyors 5650 El Caxnlno Real Suit, Carlshad, California 920( (619) 438 - 1210 7 LANDSCAPE MAINTENANCE EASEMENT PORTIONS OF LOTS 11 AND "A" OF TRACT NO. 23267-4, AS RECORDED IN BOOK 236, PAGES 21 THROUGH 24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE EXHIBIT "B" Recorded at request of an0 re~urn ~a: CiD/C]erj<:s Depara-nent Ci~ of Temecula 43174 Business Park Drive Temecula, CA 92590 F/-~E RECORDING ~ instrument is for the benef~ of the Cit~/of Ternecula and is e,Lj~jed to be recorded without fee (Gov~_ Code 6103). IRREVOCABLE OFFER TO DEDICATE Parcel:TRACT NO. 26861-1 LOT 'A' AND PARCEL MAP NO. 18993 PARCEL 2 Project: DFED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE PEESL~'~ COEPANIES, A-CkLIFOB~IA COEeOt~ATION ("Grantor'), hereby irrevocably offers to dedicate to the City of Temecula ("Grantee "), together with the' right to further grant or transfer the same to others, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of that certain real oropertY located in the City. of Temecula, County of Riverside, more particularly described in Exhibit "A" attache~ hereto, which is incorporated heroin by this reference (the 'Easement Area"}. "GRANTOR RESERVES THOS~ CERTAIN RIGHTS DESCRIBED ON EXHIBIT 'B" ATTACHED HERETO." If GRANTEE, or its governmental entity/, successors, or assigns, determines it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall,' after notice, become the responsibility of GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assigns of the GRANTOR. SR. VICE PRESIDENT L STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) s.s. On ~'- ~? 0 --~_J before me the undersigned , A Notary Public in and for the State of California, personally appeared __'~-f ..q..,~l~ ~. ~ ~~ , personally ~own to me (or proved to me on the basis of sadsfacto~ evidence) to be the person(s)whose name(s) is/are subscribed to ~e within in~ment and acknowledged to me that he/she/they exec~ed ~e same in his~er~eir a~o~sd .~paci~(ies), and that by his/her/their signetS) on the ins~ment the person(s), or ~e e,~L~ upon behalf of which the person(s) a~ed, executed the instrument. WITNESS my hand and official seal. (~ OFFICIAL SEAL < NANCY J. WEB ( 0 Ally PUBUC - CAUFO!INIA ( N ~ SAN DIEGO C0tJNIY 9 My C0mm. E=~ire$ Ju~ 3, 1 Signature CERTIFICATE OF ACCEFFANCE This is to cerdf~ mat the interest in real property conveyed by the within Irrevocable Offer To Dedicate to me City of Temecula, a political corporation and/or governmental agency, is hereby a__r~_gted by order of the City Council the date below and the Grantee consents to the recordorion thereof by its duly authoffzed officer. Date June S. Greek, City C..Jerk 0131B2 ~r. ffwmsllnev,ded EXHIBIT "B" TO IRREVOCABLE OFFER TO DEDICATE Grantor hereby reserves for Itself and COUNTRY GLEN CONDOM INIUM ASSOCIATION, a California nonprofit mutual benefit corporation ("Association") the right, but not the obligation, to plant flowering plants within the Easement Area. The party who exercises this right shall be responsible for the maintenance of the flowering plants and their removal or replacement when appropriate or at such time as the Grantee requests removal. Grantee shall have no obligation to maintain, remove or replace any plants placed in the Easement Area by Grantor's or the Associatlon's exercise of this right. 5/5/93 "EXHIBIT "A" PARCEL "A" - TCSD LANDSCAPE MAINTENANCE EASEMENT THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 18993, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED IN BOOK 134, PAGES 13 THROUGH 18 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT "A" OF TRACT NO. 26861-1 , AS RECORDED IN BOOK 236, PAGES 25 THROUGH 27 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF SAID PARCEL 2 OF SAID PARCEL MAP NO. 18993; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2, SOUTH 73'23'17" WEST 22.98 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SAID PARCEL 2; SOUTH 16'36'43" EAST 20.00 FEET; THENCE SOUTH 67'38'32" EAST 59.58 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT "A" OF SAID TRACT NO. 26861-1; THENCE ALONG SAID WESTERLY LINE OF SAID LOT "A", NORTH 15'37'50" WEST 38.06 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT "A"; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 67'38'32" WEST 30.86 FEET THE POINT OF BEGINNING. SAID PARCEL "A" CONTAINS 0.036 ACRES, MORE OR LESS. SEE EXHIBIT "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PARCEL "B" - TCSD LANDSCAPE MAINTENANCE EASEMENT WITHIN PUBLIC RIGHT-OF-WAY THAT PORTION OF LOT "A" OF TRACT NO. 26861-i, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED IN BOOK 236, PAGES 25 THROUGH 27 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT "A" DF SAID TRACT NO. 26861-1; THENCE ALONG THE NORTHERLY LINE OF SAID LOT "A", NORTH 73°23'17" EAST 9.54 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 67'38'32" EAST 26.37 FEET; THENCE SOUTH 15'57'50" EAST 40.99 FEET; THENCE SOUTH 74'22°10. WEST 6.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT "A"; THENCE ALONG SAID WESTERLY LINE, NORTH 15'37'50" WEST 58.06 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 67'38'32" WEST 30.86 FEET TO THE POINT OF BEGINNING. SAID PARCEL "B" CONTAINS 0.009 ACRES MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS OF WAY AND EASEMENTS OF RECORD. SEE EXHIBIT "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. JN 225-B9 5-19-93 GLB/SBE ~ ~,O~:ESS| ~ P~ION PCL 2 PJVL NO. 18995 PJVt I,~/1;18 LEGB'~D I.'.'.-'.'.'1 "~ TRACT NO. 28287 VICINITY MAP u.8. 240/29-35 NO SCALE CROSBY EnZineers · Planners · Surveyors ~EA~) 5650 El Camino Real Suite 200 BE~N'TOI~T Carl,bad. CaUfor~a 92008 · SSOCIATI:S (619) 438 - 1210 -.7-- LINE DATA NO. DEALING DISTANCE L1 H73'?.3'17'E q.54' L2 NG7'38'32'W 2G.37' L3 N!5'37'50'W 40.qq' L4 N74'22'10'E G.OO' L5 N15'37'50'W 35.OG' LG NG7'38'32'W 30.8G' ~q Z ~4 INDICATES LAr,,DSCAPE MAINTENANCE EASEA4ENT IN I=AVO120P TCSD - PA12CEL 'A' (.A~EA - 0.036 ACJ INDICATES LANDSCAPE MAINTENANCE EASEMENT IN I=AVO120I= TCSD WITHIN PUBLIC 121C~L-IT-OI=-WAY - PA12CEL 'El' (A12EA - 408.89 S/= Oi2 O.OO9 AC.) LANDSCAPE MAINTENANCE EASEMENT A PORTION OF PARCEL 2 OF PARCEL MAP NO. 18993 RECORDED IN BOOK 134 PAGES 13 THROUGH 18 OF PARCEL MAPS, AND A PORTION OF LOT "A" OF TRACT N0.26861-1 RECORDED IN BOOK 236 PAGES 25-27 OF MAPS, IN THE OFFICE OF COUNTY RECORDER OF THE COUNTY OF RIVERSIDE. EXHIBIT "C" 43174 Business Park Dnve Temecula, CA 82590 FREE RECORDING This instrument is for the benef~ of the CiD/of Temecula and is e,:Liijed IRREVOCABLE OFFER TO DEDICATE Parcek TRACT NO. 26861-1 LOTA Project: COUNTRY GLEN FOR A VALUABLE CONSIDERATION, receipt of which is hereby aci~owledged, THE PEESLEY C0~LNIES, A C~LIFORN~A COEBO~TION (" Grantor'), hereby irrevocably offers to dedicate to the City of Temecula (" Grantee "), together with the' right to further grant or transfer the same to others, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of that certain real property located in the City. of Temecula, County of Riverside, more particularly described in Exhibit "A' attached hereto, which is incorporated heroin by this reference (the 'Easement Area"). "GRANTOR RESERVES THOSE 'CERTAIN RIGHTS DESCRIBED ON EXHIBIT 'B' ATTACHED HERETO" If GRANTEE, or its governmental entizy, successors, or assigns, determines it is unable, incapable, or unwiiling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assigns of the GRANTOR. , G R DATED GERAL~ P. NORDEMAN SR. VICE PRESIDENT STATE OF CALIFORNIA ) C, AITY OF RIVERSIDE ) s.s. aDpeared ~;2~//r-c~{~_ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s} is/are subscribed to the within instrument and acknowledged to me that he/she/they execLrced the same in his/her/their authorized capacity(lee), and that by his/her/their signaturo~) on the instrument the person(s}, or the e,,i;iy upon behalf of which the person(s) acted, executed the instrument.. WITNESS my hand and official'seal. Signature CERTIFICATE OF ACCEPTANCIi 7his is to certify that the interest in real promercy conveyed by me wilhin Irrevo~ble Offer To Dedicate to the Cit~/of 7emecula, a political corporation and/or governmental agency, is hereby ac=Zoted by order of l~he Cky Council the date below end the Grantee consents to the recordazion thereof by its duly authorized officer. June S. Greek, City CDe~ O13112 EXHIBIT "B" TO IRREVOCABLE OFFER TO DEDICATE Grantor hereby reserves for Itself and COUNTRY GLEN CONDOMINIUM ASSOCIATION, a California nonprofit mutual benefit corporation ("Association") the right, but not the obligation, to plant flowering plants within the Easement Area. The party who exercises this right shall be responsible for the maintenance of the flowering plants and their reinoval or replacement when appropriate or at such time as the Grantee requests removal. Grantee shall have no obligation to maintain, remove or replace any plants placed in tits Easement Area by Grantor's or the Associatlon's exercise of this right. 5/5/93 EXHIBIT "A" PARCEL "A" - TCSD LANDSCAPE MAINTENANCE EASEMENT PUBLIC RIGHT-OF-WAY WITHIN ~ C!V|~ ~ THAT PORTION OF LOT "A" OF TRACT NO. 26861-1, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED IN BDDK 256, PAGES 25 THROUGH 27 DF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT "A" OF SAID TRACT NO. 26861-1; THENCE ALONG THE SOUTHWESTERLy LINE OF SAID LOT "A", SOUTH 67°38'32" EAST 50.86 FEET TO THE WESTERLY LINE OF SAID LOT "A"; THENCE ALONG THE WESTERLY LINE OF SAID LOT "A", SOUTH i5'57'50" EAST 38.06 FEET TO THE TRUE POINT OF BEGINNINGI THENCE SOUTH 15°37'50" EAST 21.23 FEET TO THE BEGINNING OF A 165e.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLy; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07'09'58" A DISTANCE OF 204.99 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID LOT "A", ON A LINE RADIAL TO SAID CURVE, NORTH 67°12'12'' EAST 6.00 FEET TO THE BEGINNING OF A 1655.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLYm AND TANGENT TO SAID RADIAL LINE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07'09'58" A DISTANCE OF 204.24 FEET; THENCE TANGENT FROM SAID CURVE, NORTH 15°37'50" WEST A DISTANCE OF 2i.23 FEET; THENCE SOUTH 74°22'10.. WEST 6.00 FEET TO THE TRUE POINT OF BEGINNING. ~ SAID PARCEL "A" CONTAINS .051 ACRES MORE OR LESS. SEE EXHIBIT "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PARCEL "B" - TCSD LANDSCAPE MAINTENANCE EASEMENT WITHIN PUBLIC RIGHT-OF-WAY THAT PORTION OF LOT "A" OF TRACT NO. 26861-1, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED IN BOOK 256, PAGES 25 THROUGH 27 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT "A" OF SAID TRACT NO. 26861-1; THENCE ALONG THE NORTHWESTERLY LINE OF SAID "LOT .... A", NORTH 37'04'24" EAST 35.26 FEET TO A ANGLE POINT IN SAID LINE; THENCE ALONG THE WESTERLY LINE OF SAID LOT "A", NORTH Oe'll'02" WEST 9.68 FEET TO THE BEGINNING OF A 1561.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLy; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17'21'41" A DISTANCE OF 475.00 FEET; THENCE TANGENT FROM SAID CURVE, NORTH 26'32'45" WEST 99.17 TO THE BEGINNING OF A 1659.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLy ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01'28'35" A DISTANCE OF 42.24 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID LOT '"A", ON A LINE RADIAL TO SAID CURVE, NORTH 64'55'55" EAST 6.00 FEET TO THE BEGINNING OF A 1635.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY AND TANGENT TO SAID RADIAL LINE; THENCE SOUTHEASTERLy ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01'28'56" A DISTANCE OF 42.09 FEET; THENCE TANGENT FROM SAID CURVE, SOUTH 26'52'45" EAST 99.17 FEET TO THE BEGINNING OF A 1567.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17'21'41" A DISTANCE OF 474.82 FEET; THENCE TANGENT FROM SAID CURVE, SOUTH 09'1i'02" EAST A DISTANCE OF 12.25 FEET; THENCE SOUTH 37°04'24.. WEST 29.58 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT "A"; THENCE ALONG SAID SOUTHERLY LINE SOUTH 80'53'46" WEST 8.66 FEET TO THE POINT OF BEGINNING. SAID PARCEL "B" CONTAINS .091 ACRES MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS OF WAY AND EASEMENTS OF RECORD. SEE EXHIBIT "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. J.N. 225-O89/5-24-95/GLB-SBE VICINITY MAP NO SCALE LINE DATA NO. BEARING DISTANCE L1 N74'22'lO'E L2 NG7'12'12'[ OR) G.O0' L3 H37'O4'24'E 2q.55' L4 NG4'55'53'~ ~R~ G.O0' L5 HOq'll'O2'W ~2.25' LEGEND EAS~ IN I=AVOI;2 OF TCSD WITI-IIN PUBLIC ~IC--~--rT-OF-WA¥ t"PA~CEL "A' - O.O3,1 ACJ (PAI;2CEL 'B' - O.O91 AC.) CROSBY ~-agmeez~ · Plam~ez~ · sune:~oz~ ~]~,~LD 5850 .~1 carolrio Real Suite 200 BENTON Car~sbaa. Ceubrn~a ~ooe & ~OCLtTIS (eig) 438 - ~2f0 b LANDSCAPE MAINTENANCE EASEMENT PORTIONS OF LOT "A" OF TRACT NO. 26861-1 RECORDED IN BOOK 236 PAGES 25-27 OF MAPS, IN THE OFFICE OF COUNTY RECORDER OF THE COUNTY OF RIVERSIDE. EXHIBIT "C" 43] 74 Business rarK Drive Yemecula, CA 92590 FREE RECORDING This instrument is for the benefit of me City of Temecula and is e,dded to be recorded without fee (Gov~. Code 6103). IRREVOCABLE OFFr--.R TO DEDICATE Parcel: TRACT NO. 23267-1 LOTS 28 THROUGH 32 AND LOTS "A", "B" AND "G" --~ Project: OLD VAIL RANCh FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, · .THE PRESLEY COMPANIES, A CALIFORNIA CORPORATTn~ (" Grantor"), hereby irrevocably offers to dedicate to the City of Temecuja (" Grantee "), together with the' right to further grant or transfer the same to others, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of that certain real property located in the City of Temecuta, County of Riverside, more particularly described in Exhibit "A" attached hereto, which is incorporated herein by this reference (the 'Easement Area"). "GRANTOR RESERVES THOSE' CERTAIN RIGHTS DESCRIBED ON EXHIBIT "B" ATTACHED HERETO." If GRANTEE, or its governmental entity, successors, or assigns, determines k is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assigns of the GRANTOR. RA TOB G N 0- c,v.m LD P. NORDE N SR, VICE PRESIDENT DATED STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) s.s. appeared J//J4 Q , personally known to me (or proved to me on the basis of satisfactory evidence} to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaciry(ies), and that by hislherttheir s'ignaturo~) on the instrument the person(s), or the e,,rjLy upon behalf of which the person(s) acted, executed the instrument. WITNES~ my hand and official seal. CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the wiffiin Irrevoc-.ble Offer To Dedicate to the City of Temecula, a political corporation and/or governmental agency, is hereby accepted by order of the City Council the date below ~nd the Grantee consents to the recordadon thereof by its duly authorized officer. Date June S. Greek. City Caerk 013, EXHIBIT "B" TO IRREVOCABLE OFFER TO DEDICATE Grantor hereby reserves for itself and BRIDLEVALE HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation ("Association") the right, but not the obligation, to plant flowering plants within the Easement Area. The party who exercises this right shall be responsible for the maintenance of the flowering plants and their removal or replacement when appropriate or st such time as the Grantee requests removal. Grantee shall have no obligation to maintain, remove or replace any plants placed in the Easement Area by Grantor's or the Association's exercise of this right. Grantor hereby further reserves in favor of the Association the right and the obligation to maintain the Pergola monumentation improvement located within the Easement Area. The approximate location of the Pergola is shown on Exhibit "C" to this Exhibit "B". ,-""" 5~5~93 EXHIBIT "A" PARCEL "A" - LANDSCAPE MAINTENANCE EASEMENT THOSE PORTIONS OF LOTS 28 THROUGH 52 OF TRACT NO. 25267-1, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED IN BOOK 255, PAGES 29 THROUGH 55 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 52 OF TRACT NO. 25267-1, SAID POINT BEING ON A 517.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 2'54'01" EAST; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 52, WESTERLY ALONG T~E ARC OP SAID CURVE THROUGH A CENTRAL ANGLE OF 06°49'01-A DISTANCE OF 57.72 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE AND TANGENT TO SAID CURVEm SOUTH 86'05'00" WEST 107.41 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 52; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 52, SOUTH 40°51'54.. WEST 16.41 FEET; THENCE LEAVING SAID NORTHWESTERLy LINE, SOUTH 87'09'44" EAST 78.17 FEET; THENCE SOUTH 71'09'40" EAST 57.02 FEET; THENCE SOUTH 16'59'1~" EAST 57.77 FEET; THENCE SOUTH 24°55'42.. EAST 57.41PEET; THENCE SOUTH 14'15'20" EAST 54.12 FEET; THENCE SOUTH 15'51°15.. EAST 62.58 FEET; THENCE SOUTH 17'05'47" WEST 50.01 FEET; THENCE SOUTH 17'09°46" WEST 56.27 FEET; THENCE SOUTH 16°50'41" WEST 56.45 FEET; THENCE SOUTH 17°52'29.. WEST 56.07 FEET: THENCE SOUTH 46'07'54" WEST 15.50 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 28 OF TRACT NO. 25267-1; THENCE ALONG SAID SOUTHERLY LINE, NORTH 85'17'14" EAST 26.92 FEET TO THE SOUTHEAST CORNER OF SAID LOT 28; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 28 AND LOT 29 OF SAID TRACT, NORTH 28'49'29" EAST 154.71 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 29; THENCE ALONG THE EASTERLY LINE OF SAID LOT 29 AND LOTS 50, 51 AND 52 OF SAID TRACT, NORTH 16'58'44" WEST 251.91 FEET TO THE POINT OF BEGINNING. SAID PARCEL "A" CONTAINS 0.427 ACRES MORE OR LESS. SEE EXHIBIT "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PARCEL "B" - LANDSCAPE MAINTENANCE EASEMENT WITHIN PUBLIC RIGHT-OF-WAy THOSE PORTIONS OF LOTS "B" AND "G" OF TRACT NO. 25267-1, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED IN BOOK 255, PAGES 29 THROUGH 55 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 52 OF TRACT NO. 23267-1, SAID POINT ALSO BEING DN THE SOUTHERLY LINE OF LOT "B" OF SAID TRACT AND DN THE ARC OF A 317.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TD SAID POINT BEARS NORTH 2'54'01" EAST; THENCE ALONG THE SOUTHERLY ~INE DF SAID LOT "B", WESTERLY ALONG THE ARC DF SAID CURVE THROUGH A CENTRAL ANGLE DF 06°49'01" A DISTANCE OF 57.72 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, TANGENT TO SAID CURVE, SOUTH 86'05'00" WEST 107.41 FEET TO THE MOST NORTHERLY CORNER DF SAID LOT 52, SAID CORNER ALSO ON THE EASTERLY LINE DF SAID LOT "G"; THENCE ALONG THE EASTERLY LINE OF SAID LOT "G" OF ISAID TRACT, SOUTH 40'51'54" WEST 16.41 FEET; THENCE LEAVING SAID EASTERLY LINE DF SAID LOT "G", NORTH 49'28'26" WEST 5.00 FEET; THENCE NORTH 40'31'34" EAST IB.51 FEET; THENCE NORTH 86'05'00" EAST 109.51 FEET TO THE BEGINNING OF A 322.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC DF SAID CURVE THROUGH A CENTRAL ANGLE OF 06'50'06" A DISTANCE DF 56.54 FEET TO THE EASTERLY BOUNDARY LINE OF SAID TRACT NO. 25267-1; THENCE ALONG SAID EASTERLY LINE, SOUTH 16°58°44.. EAST 5.50 FEET TD THE POINT OF BEGINNING. SAID PARCEL "B" CONTAINS 0.019 ACRES MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS OF WAY AND EASEMENTS OF RECORD. SEE EXHIBIT "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. EXHIBIT "A" PARCEL "C" - LANDSCAPE MAINTENANCE EASEMENT WITHIN PUBLIC RIGHT-OF-WAy THAT PORTION OF LOT "A" OF TRACT NO. 23267-1, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED IN BOOK 235, PAGES 2~ THROUGH 33 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT "A" OF SAID TRACT NO. 23267-1; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT "A", NORTH 28°4e'2e'' EAST 154.71 TO THE EASTERLY BOUNDARY LINE OF SAID TRACT; THENCE ALONG SAID EASTERLY LINE, SOUTH 16'38'47" EAST 8.42; THENCE LEAVING SAID EASTERLY LINE, SOUTH 28'4~'2~" WEST 144.53 TO THE SOUTHERLY LINE OF SAID LOT "A"; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 83'17'14" WEST 7.37 FEET TO THE POINT OF BEGINNING. SAID PARCEL "C" CONTAINS 0.021 ACRES MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS RIGHTS OF WAY AND EASEMENTS OF RECORD. ' SEE EXHIBIT "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. JN 225-8e 5-14-e3 GLB/SBE tcsduntl.lgl LOT VIA__CO~DOBA . -- ' CL. ,,.~. Nos'~'oo'W.C~. .....: ~:":":~ .~' ~,c.~6'~:.bp :,". '. ~ .o 7..i~..... <" 32 "~g~ 31 · ..A 30 'Z"'%'17~O LEGEND 29 I'.'.'.'.'.' .] ~.~c~s ~sc~ ~~c~ ~. ,%. ~ASB~_NT ,N ~AVO~ O~ ~CSD 0.O,~:.~ PARCEL 'A' - (A~EA- O.4~7 ACJ CROSBY MEAD BENTON & ~ssoc~m INDICATES LANDSCAPE MAINTENANCE EASEMENT IN FAVOI~ OF= TCSD WITI-IIN PUBLIC I;2JGI-IT-OF-WAy PAI2CEL "B' - (AI2EA-815.23 S.F. OI;2 O.OI9 AC.) .O PAI2CEL 'C' - (AI;2EA- 897.74 S.F. OI;2 AI~EA-O.O21 AC.) hi'.lG'3( NI53'17'14'I~ $ TRACT NO, 23083-2 M,Bo 220/30-88 o VICINITY MAP NO SCALE Engineers · Planners · ,'r~lrveyors 5650 E1 Camino Real, Suite '-'00 Carlsbad. California (ei9) 438 - :2zo ;--,b ~ ~bb ~ . ~ ~ oo 3'17'14'E 0 7.37' LANDSCAPE MAINTENANCE EASEMENT PORTIONS OF LOTS 28 THROUGH 32 AND PORTIONS OF LOTS "A", "B", AND OF TRACT NO. 23267-1. AS RECORDED IN BOOK 235, PAGES 29 THROUGH 33 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE EXHIBIT "C" TCSD1A.DWG CZ~, Clerks DeparLmen= C]~/of Temecuia -L'-- 174 Business Park Drive Te.mecula, CA 92590 FREE RECORDING 7'~ insrrumem: is for l~e benef-n: of · , £iry of Ternecula and is enLided to be recorded without fee {Gcv~. Code 61 IRREVOCABLE OFFER TO DEDICA~ Parcel: TRACT NO. 23267-L LOTS I THROUGH 5 AND LOTS "A" A~ND "B" Projec:: OLD VAIL RANCH FOR A VALUABLE CONSIDERATION, recsilx of which is hereby acknowledged, . THE PRESLEY COMPANIES, A GALIFORNIA CORPORATTnN (" Grantor" ), hereby irrevocably offers to d~di~t~ to me Cjry of Temecula (" Grantee "), together wi~h the' right to further grant or transfer the same to others, a perpetual easemotto and right-of-way for maintaining, operating, altering, repairing, and replacing ea. uipmenl: and landscaping over and within the boundaries of ~hat certain real erepercy located in the City of Temecula, County of Riverside, more par-jcularly described in E_~hibit "A" armche~4 hereto, which is incorpo;ated heroin by this reference (the 'Easement Area"). "GRANTOR RESERVES THOSE' CERTAIN RIGHTS DESCRIBED ON K~RIBIT "B" ATTACHED HERETO." [f GRANTEE, or its governmental entity, successors, or assigns, dL-mrminss k is unable, incapable, or unwiiling to maintain said Easement Area, maintenance shall, after notice, bec:me ~he responsibility of GRANTOR, with all covenants and agreemenT3 of this easement extending to and becoming obiigadons of all heirs, executors, administrators, successors and assigns of the GRANTOR. DATED FrE OF CALIFORNIA ) GERA' ,D P. NORDEMAN SR. VICE PRESIDENT COUNTY OF RIVERSIDE) S.S. On J'- 2 o - ~'_~ ~_ef~. e~he ndersigned , A No~a~ Pubic in and fo~'~e Sate of California. personally appeared ~ ~ ~~~ , personally ~own to me (or proved to me on the basis of sa~sfacta~ evidence) to be ~e person(s) whose name(s) ~t~ ~bs~bed to me wi~in in~rument and ac~nawledaed to me that he/she/they executed ~e same in his~eir a~o~sd ca~acj~(ies), and that by his/her/thai; s'ignat~) on ~e inst~ment the person(s), or ~e endLy upon behalf of which ~e person(s) acted, NAH J. WEBB > W~ESS my hand and official seal. ( NOTW~C,~fm · ) Signature ~ · ~ ~ ....... ~ .... ~ · CER~BCATE OF AC~~C~ This is to csm~ ~t ~e intere~ in real DroDe~ conveyed by ~e ~ lnevo~ble Offer To Dedicate to ~e Ci~ of TemecuJs. a poii~c~t co~o~don and/or govemmenBl agsnct, is he~ a~ by order of ~e Ci~ Council ~he da~e below and ~e Grsntee c~nsenB =o ~e recordsdon ~ereof by i~ duly a~o~ ~r. June S. Greek. C/cy Cle~ EXHIBIT "B" TO IRREVOCABLE OFFER TO DEDICATE Grantor hereby reserves for itself and VERANDA AT BRIDLEVALE HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation ("Association") the right, but not the obligation, to plant flowering plants within the Easement Area. The party who exercises this right shall be responsible for the maintenance of the flowering plants and their removal or replacement when appropriate or at such time as the Grantee requests removal. Grantee shall have no obligation to maintain, remove or replace any plants placed in the Easement Area by Grantor's or the Association's exercise of this right. s/5/93 ~ ITEM NO. 4 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: BOARD OF DIRECTORS DAVID F. DIXON JUNE 8, 1993 TEMECULA TEEN RECREATION CENTER STATUS REPORT PREPARED BY: (~ HERMAN D. PARKER, RECREATION SUPERINTENDENT RECOMMENDATION: That the Board of Directors: Receive and file the Temecula Teen Recreation Center Status Report. DISCUSSION: The Temecula Teen Recreation Center continues to operate six (6) days per week offering Temecula teens a wide variety of recreational opportunities. The Teen Center hours of operation are Monday through Thursday from 2:00 p.m. to 8:00 p.m., Friday from 2:00 p.m. to 10:00 p.m. and Saturday from 11:00 a.m. to 10:00 p.m. When local schools are not in session, the Teen Center opens at 11:00 a.m. during the week. Youth ages twelve to eighteen years of age can participate in activities ranging from scheduled craft classes or teen dances to drop-in video games or billiards. The Temecula Teen Council, which is an ad-hoc committee comprised of Temecula teenagers, meets twice a month at City Hall to discuss with staff, and assist in implementation of the types of activities teens desire. Types of activities offered at the Teen Center include Wood Burning, Pizza Nights, "Evening at the Movies," Ping- Pong Tournaments, Pool Tournaments, Birthday Parties, Karaoke, Parent-Teen Pool Tournaments, Halloween Costume Contests, Fund Raising Projects, Raging Waters and Magic Mountain Trips, Tutoring Programs, counseling, dances, art classes, and several drop-in activities. ' Attendance at the Teen Center varies depending upon the season, the weather, and /~- 4DHGENDxiSITEENIP,.pT.,4GN 06O893 the time of day. In general, attendance figures increase during the summer months and decrease during the school year, especially during the cold winter months. Our overall registered membership figures total approximately 610 local teens. The Center attracts approximately 44 teens on a daily basis, and 1,010 teens on a monthly basis. The majority of the teens that utilize the Teen Center are between the ages of 12 and 16 years of age. Teen Center programs and activities are publicized in the City's recreation brochure, which is directly mailed to all Temecula residents, by flyer distribution to the middle schools and high schools, and by local radio. The future continues to look bright for the teens of Temecula. Staff and Teen Council members are committed to working together to enhance the recreational opportunities for Temecula's teenagers. At the completion of the new Community Recreation Center (CRC), the present teen program will shift to the CRC. Staff anticipates a greater number of program participants due to the central location of the CRC in relation to local schools and residential zoning. Attached are flyers of some activities and events that have been offered through the Teen Recreation Program. FISCAL IMPACT: Costs to provide teen recreation services are included in the TCSD Community Services, Parks and Recreation budget. 4DL4GENDASXTF,~..4GN 060893 COMMUNITY SERVICES DEPAR~ FEST 993 SLIMY O-LYMHCS Saturday, March 20, 1993 9:00 a.m. - 2:00 p.m. If you like "Double Dare * or *What Would You Do?" You'il love .Slimy Olympics. This is your chance to come to Tomecub Middle School" and watch teens and community professionals compete in crazy, messy, sloppy, slimy olympic games. Teams. will be represented by the Temecuh Police Department, Temecula Fire Services, Temecuh Valley Unified School District, and the City of Temecula. "Temecula Middle School is located at 42075 Meadows Parkway, Temecuh. Help your favorite team WIN BONUS POINTS! Each team wffi have an area designted just for them. Represented by different colon, the team that has the most specmton during the BONUS RALLY wffi get extra points! If there is a tie, the team with the most spirited spectators wins! BONUS RALLY IS AT 11:00 a.m. BONUS AREAS: Police Department · Fire Services School District City of Temecula If you should have any questions, please Department at 694-6480 or 694-6410 North F_.nd of Field· South End of Field East End of Field West End of Field call City of Temecula, Community Services SEE YOU THERE!! City of Tamecuts Community Services Department TEIViEC A TEEN- FEST 93' N~PRO~ FOR DI~'RiIRION Tl~s ADproval Cloes not ~mD|y an enOorsement of ms actwhy. TEMECULA VAJ. LEY UNIFIED SCHOOL DIST. 3ecause the City of Temeo,lq thinks very highly of. the teem in this :ommtmity, an entire week has been devoted to Temecnla'Teenst On Friday ~tarch 19, 1993, the festivities'will be kicked-off'with a dance ~md continu~ hrough Sunday, March 28, '1993. The weeks events are as follows: Friday, March 19 Saturday, March 20 Monday, March 22 Tuesday, March 23 Wednesday, March 24 Thursday, March 25 Friday, March 26 Saturday, March 27 Teen Fest Dance Teen olympics Bar-B-Que Fest Temecula's "Teens In Action" Photo Contest and Temeeula's Teen Logo and Slogan Contest Teen Career Day Carnival Begins' Carnival Time Carnival Time IA~CATION Teen Center Temecula Mlddi~ School' Teen Center Teen Center Teen Center Sam Hicks Park Sam Hicks Park Sam Hicks Park .. Sunday, March 28Carnival Ends Sam Hicks Park ,. r--:-:..~,. :......- ,.: . :. ,,,',~-=.::.;,,.,,.'~;;'.'~:~""'-"'~":,',,.,' .. II · it · · · f'. CITY OF ~MECULa COMMUNi'IT SERVICES DEPARTMENT JOBS JOBS APPROVED FOR DISTRIBUTION This APProval does not imply an endorsement of this activity, TE:MECULA VALLEY UNIFIED ~CHOOL DI~I'. AND MORE JOB S ! IF YOU WANT A SUMMER JOB COME TO THE TEMECULA TEEN CENTERr If you are loola'ng for a job, maybe we can help! Along with the State Employment Development Department, teens can come to the Teen Center and complete an applican'on and staff will try to match each teen with their ideal summer job. ALl. TEMECULA TEENS (Ages 14 - 21) WHEN: MONDAY AND WEDNESDAY 2:00 P.M. - 7:00 P.M. TEMECULA TEEN RECREATION CENTER 28780 FRONT STREET - SUITE D-4 (OLD TOWN AREA) FOR FURTHER INFORMATION CONTACT ROSITA OR JAIME AT 694-6410 ' ~ CITY OF TEMECUL~ COMMUNITY SERVICES DEPARTAIENT .~,,,.~- HA LLO WEEN COSTUME CON1 IrEST AND PARTY WHO? TEMECULA TEENS - AGES 12-18 WHEN? TH~AY, OCTOBER 29, 1992 WHAT :lIME? 6:00 P.M. - 9:00 P.M. HOW MUCH? $1. O0 PRE-Sdr. F $ 2. O0 AT THE DOOR WHERE ? TEEN RECPdF,4IION CENTER 28780 FRONT STREET SUITE D-4 PRIZES FOR THE FOLLOWING COSTUMES.. THE MOST GORY COSTUME A WARD THE MOST REALISTIC A WARD THE MOST ORIGINAL A WARD THE "LOOKS JUST LIKE" A WARD THE '7 'M PRETTY" A WARD THE "OHH UGLY" AWARD THE MOST CREA TfVE A WARD MOST ORIGINAL COSTUME FROM "AROUND THE WORLD" MOST ORIGINAL COSTUME FROM "OUTER SPACE" THE MOST BL4HHH: A WARD PIZ7~t .50 CENTS PER SLICE - SODAS .50 CENTS EACH FOR MORE INFORMAlION PLEASE Cz~l.r, 694-6480 OR 694-6410 APPROVED FOR DISTRIBUTION This Approval does not imlDly an endorsement of this activity. rEA~ECULA VALLEY UNIFIED SCHOOL DIST. Tnts APProval cloes not imply C12'Y OF TEMECr, fI.,4 an endorsement of this activity. COMMUNITY SERVICES DEPARTMEN']' , TEMECU LA VALLEy UNIFIED SCHOOL DIST. "TAKE ME 0 UT TO THE B A L L GAME" "' FRIDAY, JULY 10, 1992 SAN DIEGO PADRES vs. PHII,tDELPHIA PHILLIES For TEENS: ages 12 - 18 years of age ONLY $14.00 Come and spend the evening with the San Diego Padres as the play agahtvt the Philadelphia Phillies. lt's PRKIW T-SHIWr NIGHT, so bring your friends and be prepared for a whole.lot of fun! Den't forget extra spending money for hot dogs, peanuts, and souvenirs. Bus transportation will depart & return to the Temecula Teen Recreation Center, located at 28780 Front Sweet: BUS LFA~ ILT 8.~0 A.M. AND RETURNS AT 6.~0 P.M. Registration & general permission forms are now being accepted at City Hall, 43174 Business Park Dffve in Temectda, Monday through Friday from 8:00 a. tn. to 5:00 p.m. For more information, please call 694-6480. DFADLlYE ID REGISTER 1S FRIDAY- J'VLY 3, 1992 ..... cut here- Activity: Date: Departure Time: Fee: ..................... cut here ...................... CITY OF TEMECULA COMMUNITY SERVICES DEPARTMENT GENERAL PERMISSION FORM San Diego Padre Baseball Game July 10, 1992 5:00 p.m. $ 14.00 Transportation: Bus Approximate Return: 12:00 Midnight I, the parent/legal guardian of , hereby expressly and irrevocably consent to the participation of in the Community Services activity of PADRE GAME described above. LIABILITY WAIVER I realize every precaution is taken to eliminate any injuries or hazards and a competent supervisor is present; however, in the event of an injury, I hereby waive, release and hold harmless from any liability for damages for personal injury including accidental death, as well as from claim for property damage which may arise in connection with the above named activity, against the supervisor, the CITY OF TEMECULA, its officers, agents, employees and volunteers. I further permit the use of activity/event photography and/or video for media promotion. In case of accident or other emergency. personnel of the Temecula Community Services Depalb,ent and/or its agents are hereby authorized to secure medical care deemed necessary as a result of accident or injury for the participant. I further agree to pay any and all costs incurred as a result of said treah,ent. ~ lture of Parent/Guardian: Date: Print Name: Phone: NOTICE: REFUNDS WILL NOT BE GIVEN UNLESS TRIP IS CANCn rn CJTY OF T~M~CU'La COM~IUNITY SERVICES DEPAR~14ENT SCHOOL'S- OUT BEACH Y, JUNE. 19, 1992 PROVEO FOR DISTRIBU ON For ~ENS: ages 12 - 18 ye~ of age This Approval does not imply O~Y $7.00 an endorsement of this activity. TEMEGU~ VALLEY UNIFIED SCHOOL DIST. ~o ~ys a~ school's o~, we ~e gong w M~n B~ ~ ~ ~go. ~ere w~ be ple~ of s~, s~ shops ~ f~l ~te ~ea ~so btd~es bumper can, a carousel and the infamous G~ ~pper Roller Co~er. So, get yoF ~e~ topper, bring a towel, su~n loHon, lunch and c~ spe~g monq* too/ Bus transportation will depart & return to the Temecula Teen Recreation Center, located at 28780 Front Sweet: BUS LEAVES A.T 8:00 A,M. AND RETURNS AT' 6:00 P.M. Registration & general permission forms are now being accepted at City Hall, 43274 Business Park Drfve in Temecula, Monday through Friday from 8:00 a. rn. to 5:00 p.m. For more information, please call 694-6480. DEADLIYE TO REGIS1ZR 18 MONDAY - JUNE 15, 1992 -cut here- ..................... cut here ...................... CITY OF TEMECULA COMMUNITY SERVICES DEPARTMENT GENERAL PERMISSION FORM Acl~viW: School's Out Beach Trip Date: June 19, 1992 Deoar~re Time: 8:00 a.m. Fee: $ 7.00 Transportation: Bus Approximate Return: 6:00 to the pardcil3ation of theparent/legal guardian of , hereby expressly and irrevocably consent in the Community Services acl~vity of BEACH TRIP described above. L!ABILITY WAIVER I realize every precaution is taken to eliminate any injuries or hazards and a competent supervisor is present; however, in the event of an injury, I hereby waive, release and hold harmless from any liability for damages for personal injury including accidental death, as well as from claims for property damage which may arise in connerdon with the above named acl~vity, against the supervisor, the CITY OF TEMECULA, its officers, agents, employees and volunteers. I further permit the use of activiTy/event photography and/or video for media promol~on. In case of accident or other emergency. personnel of the Temecula Community Services Depa, b,ent and/or its agents are hereby authorized to secure medical care deemed necessary as a result of accident or injury for the participant. I further agree to pay any and all costs incurred as a result of said trea~nent. --=nature of Parent/Guardian: Date: Print Name: Phone: NOTICE: REFUNDS WILL NOT BE GIVEN UNLESS TRIP IS CANCgl , --,- MAGIC UNTAIN APPROVED FOR DISTRIBUTION This APprovaJ does not irapry an endorsement of this activity. TEMECULA VALLEY UNIFIED SCHOOL DIST. SATURDAY, MARCH 28, 1992 For TEENS: ages 12-18 years of age~ ONLY $14.00 (a savings of over $10.00r) - Enjoy a day of unlimited use of over 100 tides, live shows and adventure including: PSYCLONE, COLOSSUS, NINJA, TD)AL WAVE and VIPER,"**' Bus tramporta~on will depart & return to Ranabe California Sports Park parking lot, located at 42775 Margarita Road: Buses depart from T, :_ so:- 11.-00 am. Buses return to T~ x I,: 12.'00 midnight Registration & general permission forms are now being accepted at City Ha!l, 43174 Business Park Drive in Monday through Friday from 8:00 am to S:00 pm. For more information, please call 69ki-6~. DEADT-EqE TO REG~ IS W~D~Ay - MARCH 18 - - -cut here ...................... cut here .................  CITY OF TEMECULA COMMUNITY SERVICES DEPARTMENT GENERAL PERMISSION FORM Six Rags Magic Mountain Excursion March 28, 1992 11:00 am $14.00 A~v~: Date: Departure Time: Fee: Transportslion: Bus Approximate Return: 12:00 Midnight to the participation of above. the parentllegd guardian of ,hereby expressly end irrevocably consent in the Community Sarvicts activity of MAGIC MOUNTAIN described LIABILITY WAIVER I realize every precaution is taken to eliminate any injuries or hazards end · competent supervisor is present; however, in the event of an injury, I hereby wive, riouse and hold harffdess from any liability for damages for persend injury including accidental death, as wall as from claims for property damage which rney wise in connection with the above named ecliviW, against the supervisor, the CITY OF TEMECULA, its officers, agents, ampleyeas end volunteers. I further peffnit the use of activity/event photography end/or vii for media promotion, In case of accident or offier emergency, personnd of the Tamocul8 Community Services Dep&'l,,,ent end/or ira egerrts ere hereby authorized to secure medical care deemed near es a result of accident or injury for the participant. I further agree pay any end il costs incurred as a result of said lrk~,,,ent. $'~turo of Parent/Guardian: Date: Print Name: Phone: ITEM NO. 5 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: BOARD OF DIRECTORS FROM: DAVID F. DIXON, CITY MANAGER DATE: JUNE 8, 1993 SUBJECT: NAMING OF CITY PARK SITES PREPARED BY: RECOMMENDATION: SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR That the Board of Directors: Consider, and if desired, approve official names for a 28.6 acre community park adjacent to Pala Road, a I acre park site in the Presley Development, a 9 acre park site in the Presley Development, and a 9 acre park site in the Paloma Del Sol Development. DISCUSSION: The park site on Pala Road is an approximate 28.6 acre community park located north of Pala Road and west of Loma Linda Drive. On March 23, 1993, the Board of Directors approved the name "Pechanga Park" for this site with the stipulation that the name be approved by the Tribal Council of the Pechanga Indians. After contacting the Tribal Council, staff received a letter stating that the council objected to the City using the name "Pechanga Park" because this name may be used in a future park to be developed on the indian reservation. On April 12, 1993, the Community Services Commission recommended the name "Pala Community Park" for the park site on Pala Road to the Board of Directors for consideration. Staff has received a letter from the Pala Band of Mission Indians approving that the City use the name "Pala Community Park." Subsequent to this recommendation, staff has received several requests from members in the community to name the park site on Pala Road after Kent Hindergart, the Temecula Police Officer killed in the line of duty on May 9, 1993. Requests have also been received to name the park after Kent Hindergart and Allison Jacobs, the woman who was also killed during this tragic event. On May 1 O, 1993, the Community Services Commission recommended the following names for the remaining park sites: Presley site (1 acre): Presley site (9 acre): John Magee Park Vail Ranch Park 3. Paloma Del Sol site (9 acre): Paloma Del Sol Park The Commission recommended the name John Magee Park because Mr. Magee was the first postmaster in the Temecula Valley area and established the area's first store called the Butterfield Stage Stop; Vail Ranch Park was recommended because this park site is located on the old Vail Ranch property; and Paloma Del Sol Park was named because it is located within the Paloma Del Sol Specific Plan. According to the existing naming policy, the Board of Directors may approve these recommended names or consider any other names desired. FISCAL IMPACT: None. ATTACHMENTS: Letter dated April 29, 1993 from Pala Band 'of Mission Indians Resolution No. CSD 92-08: Naming Parks and Recreation Facilities Commission agenda reports of May 10 and April 12, 1993 Pala Band Of Mission Indians P.O. Box 43 Pals, California 92059-0043 (619) 742-3784 [,lAY 0 ,.$1993 COMMi%JY SERVICES Amril 29, 1993 City cf Temecula ~ommunity Services Oepartme~+ 43174 Business Park Drive 'remecuia,, California 92590 Dear Shawnr The Pale ~and of Indians and I thank you arld >'our depa'rtment for taking t. hs time to consider and involve the P.~la Band in the naming of "Pale Community Park", Let l't be known that the Pals Band cf Indians apprc~,e 'the name "Pala Communily Park" at lhe site on Pala RoaS. If you would llke Myself or a ~e:.-es ntati'~e o'.F +~ ded',cation of the Park, plea con't hesitate to contact ~gair, thank you 'for >'our: iCe'ration. F: r P ", R o i t h . Cha27man/CEO PBM! Tr'ibe to atter:d 'the ;he at (619) 7<2-378~. RHS/shm RESOLU~ON NO. CSD 92-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECLrLA COMMUNITY SERVICES DISTRICT ADOPTING A POLICY FOR NA~MZNG PARES A/NI) RECREATION FACILITIES WHEREAS, on April 23, 1991, the Board of Directors (the "Board") adopted a poticy for naming parks and recreation faciliti~; and WI:rRREAS, the Community Services District and the Parks and Recreation Commission requests that the aforementi6ned policy be adopted by resolution; NOW, Tw'F~REFORE, TR'K BOARD OF DIRECTORS OF TEE TEIVfECULA COA,LMUNI~ SERVICES DISTRICT DOES FEREBY, RESOLVE, DETERN~'qE AND ORDER AS FOLLOWS: Section 1. That the policy for naming parks and recreation facilities ~s set forth on Exhibit "A" is adopted establishing a uz,-iforrn poticy and procedure t,hat identifies criteria for the naming of parks and recreation facilities. PASSED, APPROVED ANI) ADOPTED this 8th day of September, 1992. P, onald J. Parks, President ATTEST: C~--\ ' <~~;~-/_/ Iane,~/Greek, City ~ ~AL] g=sos CSD 92-08 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TE1VIECULA ) I, June S. Greek, City Clerk of the City of Temeeula, I--IF-REBY DO CERTIFY that the foregoing Resolution No. CSD 92-08 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 8th day of September 1992 by the following roll call vote. AYES: 5 DIRECTORS: Bird~ll, Moore, Lindemans, Mu~oz Parks, NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None (,j~une S. Greek, C'.n,y/Clerk Rcsos CSD 92-08 Tr,. EECULA CONL Cu.' UTY SERVICES DISTR/CT Naming Parks and Recreation Facilities PUkPOSE To eszab!ish a uniform policy and procedure that identifies criteria for t~he naming of parks and recreation faci!iZies. POLICY The Park and Recreation Commission will be responsible for the se!eczion of names for parks and recreation facilities. Once a name is selected, iz will be forwarded %o the Board of Direcoors for raZificauion. Staff will be responsible for encouraging cilizens and community organizations to suggest possible names that will then be forwarded to the Commission for consideration. A= a minimum, each park and. community building will be designated a name. Naming of specific areas within a park (garden, swirling pool, lake, ballfield, etc.) is accepzab!e but should be kept to a minimum ~o avoid confusion. No park shall be given a name which might be perceived as controversial by the commmnizy. All names se!ec%ed shall be accep~ab!e and meaningful zo a majority of the neighborhood/community where the park or recreation facility is !oca~ed. Priorit1' in naming sites shall be given to geographical !eca~ions, historic significance or geologic features. No park shal!.'be named for a person, exceoz where an individual has made a significanz financial contribution ~oward the acquisiiicn and/or deve!opmen~ of zne park or faciii=y, or has been an ou=szanding long-time cc~r. uni~y leader who has supported open space and recreamiona! ac=ivimies. ALl park and recreation faci!izies will be designated a formal name wi=hin six months of acqfuisition or conszruc=ion. All parks shall have an entrance sign. Buildings will have an entrance sign and a miaque inside zhe 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 direc=ion. No name shall be changed unless there is significant justification and suppor~ by the co~muni~y. RESPONSiBILITY ACTION Depar=men= Parks and Recreation Commission D apartment Ac~,--uires a new park cr recreazicn faci!izy. Solicits possible names from community', Forwards suggested names to'the Parks and RecreaZion Commission for ccnsidera:ion. Receives any additional community inpu:. Selects a name for the new park or recreation faci!iZy. Forwards name raZification. to City Council for installs the appropriate naminq sign or plaque. // < 0 'O cO Q D. TO: FROM: DATE: SUBJECT: TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT COMMUNITY SERVICES COMMISSION SHAWN D. NELSON ~c~ MAY 10, 1993 NAMING OF PARKS AND RECREATION FACILITIES RECOMMENDATION: That the Community Services Commission: Approve names to be recommended to the Board of Directors for the Senior Center, Community Recreation Center, two park sites in the Presley Development, and one park site in the Paloma Del Sol Development. DISCUSSION: Pursuant to the City's naming policy,'it is the responsibility of the Community Services Commission to forward recommendations concerning the official name of each park and recreatioa facility operated by the City of Temecula. Due to the several facilities that will be completed in the near future, it is recommended to address the official names of these facilities so proper signage can be approved as part of the development process and familiarity with the park can begin to be established with the community. Concerning the recreation buildings, the following names are recommended: 1. Old Town Temecula Senior Center 2. Community Recreation Center Concerning the parks, a location map of City park sites and a listing of suggested park names have been attached for your review and ~ssistance. A request has been made by Kernper that the park site in Paloma Del Sol be named Paloma Del Sol Park. It is requested that the Commission recommend names to the following: 1. Nine (9) acre park in the Presley Development. 2. One (1) acre park in the Presley Development. Nine (9) acre park in the Paloma Del Sol Development. TO; FROM: DATE: SUBJECT: TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT COMMUNITY SERVICES COMMISSION SHAWN D. NELSON APRIL 12, 1993 NAMING OF THE PARK SITE ON PALA ROAD RECOMMENDATION: That the Community Services Commission: Consider, and if desired, approve.a name for the park site on Pala Road to be forwarded to the Board of Directors for consideration. DISCUSSION: The park-site on Pala Road is an approximate 28.6 acre community park located north of Pala Road and west of Loma Linda Drive. On March 23, the Board of Directors approved the name "Pechanga Park" with the stipulation that the Pechanga Tribal Council approv. ed this name as well. On March 26, 1993, the City received a letter from the Pechanga Tribal Council objecting to the use of the name ,Pechanga Park" for the park site on Pala Road because the Tribal Council wanted to reserve the right to use this name for a future park planned within the Pechanga Indian Reservation. Therefore, staff has provided for your review several recommendations from members in the community regarding possible names for this park site. The following is a listing of the names that staff has received to date: 1. Palomino Park 2. Cutting Horse Park 3. Wild Horse Park 4. Bronco Park 5. Cattle Drive Park 6. Vaqueros Park 7. Stagecoach Park 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Wagon Wheel Park Fort Temecula Park Old West Park Rodeo Ranch Park Indian Park Eagle Park Eagle Ranch Park Vineyard Park Granite Park Wolfe Valley Park Bear Mountain Park Rainbow Canyon Park Ponderosa Park Recreation Park Earle Stanley Gardner Park Karel Lindemans Park Vail Ranch Park The Commission may consider the above names or any other name desired for this park site. I have added the following names because they represent street names adjacent to Presley "A" and Presley "B". 25. Corte Veranos Park (Presley "A") 26. Via Del Coronado Park (Presley "B") TEMECULA REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA REDEVELOPMENT AGENCY MAY 11, 1993 A regular meeting of the City of Temecula Redevelopment Agency was called to order on Tuesday, May 11,1993, 9:40 P.M., at the Temecula Community Center, 28816 Pujol Street, Temecula California. The meeting was called to order by Chairperson Ronald J. Parks. AYES: 5 AGENCY MEMBERS: Birdsall, Mu~oz, Roberts, Stone, Parks NOES: 0 AGENCY MEMBERS: None Also present were City Manager David Dixon, Assistant City Manager Woody Edvalson, City Attorney F. Scott Field, City Clerk June S. Greek and Recording Secretary Gail Zigler. PUBLIC COMMENT None AGENCY BUSINESS Minutes 1.1 Approve the minutes of April 13, 1993. It was moved by Agency Member Birdsall, seconded by Agency Member Mu~oz to approve staff recommendation. The motion carried as follows: AYES: 5 AGENCY MEMBERS: - NOES: 0 ABSENT: 0 AGENCY MEMBERS: AGENCY MEMBERS: Birdsall, Mu~oz , Parks None None Roberrs, Stone, Economics Research Associates (ERA Labor Force Study) Assistant City Manager Woody Edvalson presented the staff report, .~, RDAMIN5/11193 -1 - 5117/93 REDEVELOPMENT AGENCY MINUTES MAY 11, 1993 Mayor Mu~oz expressed his disappointment with the staff report and questioned Mr. Edvalson's efforts at contacting the resources the Mayor had suggested. It was moved by Agency Member Birdsall, seconded by Agency Member Parks to approve staff recommendation. The motion carried as follows: AYES: 4 AGENCY MEMBERS: Birdsall, Roberts, Stone, Parks NOES: 1 AGENCY MEMBERS: Mu~oz ABSENT: 0 AGENCY MEMBERS: None Develooment and DisPosition Aoreement - Wal Mart Department Store It was moved by Agency Member Stone, seconded by Agency Member Mu~oz to continue this Item to the meeting of June 22, 1993. The motion carried as follows: AYES: 5 AGENCY MEMBERS: NOES: 0 ABSENT: 0 AGENCY MEMBERS: AGENCY MEMBERS: Birdsall, Mu~oz , Parks None None Roberrs, Stone, Development and DispoSition Aareement - Professional Hospital SUDDIV City Manager David Dixon presented the staff report. Agency Member Mu~oz stated that he feels that considering the investment the City is willing to make, Professional Hospital Supply should be willing to remain in Temecula for a set period of time. Agency Member Stone clarified that he is one hundred percent in support of Professional Hospital Supply remaining in the community. It was moved by Agency Member Birdsall, seconded by Agency Member Roberts to approve staff recommendation as follows: RDAMINS/! 1/93 -2- 5/17/93 ~ REDEVELOPMENT AGENCY MINUTES MAY 11, 1993 4.1 Approve the Development and Disposition Agreement between the Agency and Professional Hospital Supply, et.al., and authorize the Agency Chairman to execute the same. The motion carried as follows: AYES: 4 AGENCY MEMBERS: Birdsall, Roberts, Stone, Parks NOES: I AGENCY MEMBERS: Mu~oz ABSENT: 0 AGENCY MEMBERS: None It was moved by Agency Member Stone, seconded by Agency Member Roberts to extend the meeting to 11:00 P.M. Loan to Quicksilver Enterorise. Inc. Agency Member Birdsall stepped down due to a potential conflict of interest. City Manager David Dixon presented the staff report. It was moved by Agency Member Mu~oz, seconded by Agency Member Stone to approve staff recommendation as follows: 5.1 Approve a $60,000 loan to Quicksilver Enterprises, Inc., and authorize the Agency President to execute the attached Agreement in substantially the form presented, subject to approval of the Agency Executive Director and General Counsel as to the final form of the Agreement. The motion carried as follows: AYES: 4 NOES: 0 AGENCY MEMBERS: - AGENCY MEMBERS: Mu~oz, Roberts, Stone, Parks None ABSENT: 0 AGENCY MEMBERS: None ABSTAIN: 1 AGENCY MEMBERS: Birdsall Low Interest Loan/Business Incentive Proaram City Manager David Dixon presented the staff report, .,,/---- RDAMIN5/11/93 -3- 5/171~3 REDEVELOPMENT AGENCY MINUTES MAY 11, 1993 Dan Atwood, Toyota of Temecula, 26631 Ynez Road, Temecula, expressed his support of the loan program. Mr. Atwood advised that he is currently on the Board of the Chamber of Commerce and can see the need for this program in the community. Agency Member Birdsall stated that she would be in favor of a interest only payment for the first year of the loan to allow the businesses to re-establish themselves. Agency Member Stone stated that he supports the program and suggested that the maximum loan amount be lowered from $150,000 to $100,000. Agency Member Mu~oz .stated that he also is in support of the program and the comments made by Agency Member Stone. It was moved by Agency Member Stone, seconded by Agency Member Roberts to approve staff recommendation with specific direction regarding the maximum loan amounts to be awarded, allowing no more than four loans with a maximum of $100,000 and five loans with a maximum amount of $50,000. The motion carried as follows: AYES: 5 AGENCY MEMBERS: Birdsall, Mu~oz , Roberts, Stone, Parks NOES: 0 AGENCY MEMBERS: None EXECUTIVE DIRECTOR'S REPORT None AGENCY MEMBER'S REPORTS Agency Member Birdsall and Agency Member Stof~e volunteered to participate on the loan review committee. ADJOURNMENT It was moved by Agency Member Birdsall, seconded by Agency Member Stone to adjourn at 10:30 P.M. RDA MIN5/31193 -4- 5/17~93 REDEVELOPMENT AGENCY MINUTES MAY 11.1993 The next regular meeting of the City of Temecula Redevelopment Agency will be held on Tuesday, May 25, 1993, 7:00 P.M., at the Temecula Community Center, 28816 Pujol Street, Temecula, California. Ronald J. Parks, Chairperson June S. Greek, City Clerk ~- RDAMINS/11/93 -5- 5/17/93 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD MAY 25, 1993 A regular meeting of the Temecula Redevelopment Agency was called to order at 8:45 PM in the Temecula Community Center, 28816 Pujol Street, Chairman Ronald J. Parks presiding· PRESENT: 3 AGENCY MEMBERS: Birdsall, Mu~oz, Parks ABSENT: 2 AGENCY MEMBERS: Roberts, Stone Also present were Assistant City Manager Harwood Edvalson, General Counsel Scott F. Field and Agency Secretary June S. Greek. PUBLIC COMMENTS None given. AGENCY BUSINESS Combining Balance Sheet and Statement of Revenues. Exoenditures and Changes in Fund Balance for the Nine (9) Months Ended March 31, 1993 It was moved by Agency Member Birdsall, seconded by Agency Member Mu~oz to approve staff recommendation as follows: 1.1 Receive and File Report. The motion was unanimously carried, with Agency Members Roberrs and Stone absent. EXECUTIVE DIRECTOR'S REPORT No report given. GENERAL COUNSEL'S REPORT None given. AGENCY MEMBERS REPORTS Member Birdsall requested that staff pursue the request by former City Councilmember Karel Lindemans that the City attempt to have the limitations on the Redevelopment Agency's Tax Increment Revenues increased. 4\RDAM]N~052593 ~-~"' -1- 05/28/93 Temecula Redevelopment Aiency Minutes ADJOURNMENT May 25. 1993 It was moved by Agency Member Birdsall, seconded by Member Mufioz to adjourn to a meeting to be held at the Temecula Community Center on June 8, 1993. The motion was unanimously carried with Agency Members Roberts and Stone absent. Ronald J. Parks, Chairperson ATTEST: June S. Greek, City Clerk/Agency Secretary 4\P-DAM]N\052593 - -2- 0S/28/93 "%'