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Agenda - Agenda Packets - Regular Meeting 5/7/2009
AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL MAY 7, 2009, 7:00 p.m. 2045 South San Jacinto Avenue San Jacinto Unified School District Board Room, San Jacinto, CA 92583 1. ORGANIZATION 1.1 Call to Order 1.2 Roll Call 1.3 Invocation 1.4 Pledge of Allegiance 1.5 Special Presentations 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A limitation of three (3) minutes shall be set for each person desiring to address the City Council. 3. CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by City Council Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests a specified item be removed and/or discussed. If an item is pulled, it will be heard at the end of number `5. Staff Reports.' 3.1 Treasurer's Report — March 31, 2009 / Receive and File / City Treasurer 3.2 April 2, 2009 Minutes — Regular Meeting / Continue to May 21, 2009 City Council meeting / City Clerk 3.3 April 16, 2009 Minutes — Regular Meeting / Approve / City Clerk 3.4 Continuation of the Proclamation of the Local State of Emergency due to high and damaging winds / Approve / City Attorney 3.5 San Jacinto River Levee, approval of change order to Webb Associates contract for final design / Approve / Assistant City Manager 3.6 Approval of License Agreement with RCTC related to Sanderson Avenue Widening Project / Approve / City Engineer City Council Agenda May 7, 2009 Page 2 of 5 3.7 Acceptance and allocation of TASIN (SB 621) Grant money for Ramona Expressway Rehabilitation Project / Approve / Interim Finance Director 3.8 Acceptance and allocation of SB 821 Grant funds for De Anza Drive and Washington Avenue Improvements / Approve / Interim Finance Director 3.9 Ordinance No. 09-11 / An ordinance amending Chapter 8.48 of the San Jacinto Municipal Code / Approve second reading and adopt Ordinance No. 09-11 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto Amending Chapter 8.48 of the San Jacinto Municipal Code Requiring that Shopping Carts Be Maintained on Business Premises / Assistant City Manager 3.10 Surplus Declaration — 2008 Chevrolet Impala / Approve / Interim Finance Director 3.11 Master Street Light Agreement with Southern Califomia Edison / Approve / Public Works Director 3.12 Ratification of Planning Commission approval of Conditional Use Permit 01-09 for a tenant improvement for a 2,294 square foot amusement center within the Ramona Crossings Center located at 621 North State Street, Suite 3 / Approve / Planning Director 3.13 Resolutions to update Signature Card and Facsimile Signature Agreement with Bank of Hemet / Approve and Adopt / Interim Finance Director a) A Resolution of the City Council of the City of San Jacinto, California, Authorizing a Facsimile Signature Agreement for Bank Accounts at the Bank of Hemet b) A Resolution of the City Council of the City of San Jacinto, California, Authorizing Signers for Bank Accounts at the Bank of Hemet 4. PUBLIC HEARING 4.1 General Plan Amendment 3-07, Planned Unit Development 2-06 and Tentative Tract Map No. 34664 / Continued from January 22, 2009 / Planning Director / A proposal to change the General Plan designation on a 4.01 acre parcel from Low Density Residential to Medium Density Residential and to change the zoning from single Family Residential (R-1) to Two -Family Residential - Planned Unit Development (R-2-PUD), and to subdivide the property into 37 City Council Agenda May 7, 2009 Page 3 of 5 single family residential lots; located on the west side of Kirby Street approximately 330 feet north of Esplanade Avenue / Applicant: Mario Zamorano, 3590 S. Dartmouth Lane, Rowland Heights, CA 91748 a) Adopt the Mitigated Negative Declaration b) Adopt Resolution No. approving General Plan Amendment 1-07 based upon the Planning Commission's recommendation c) Ordinance No. 09-02 for the Planned Unit Development 2-06 based on Planning Commission's recommendation / Approve introduction and first reading of Ordinance No. 09-02; and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, approving a Change of Zone from Single Family Residential (R-1) to Two -Family Residential PUD (R-2-PUD), located on the west side of Kirby Street, north of Esplanade Avenue in the City of San Jacinto, County of Riverside d) Approve Tentative Tract 34664 subject to the attached Conditions of Approval 4.2 Conditional Use Permit 12-08 / Applicant: Los Angeles SMSL, LP for Verizon Wireless, 15505 Sand Canyon Avenue, Irvine, CA 92618 / Approve Conditional Use Permit No. 12-08 subject to the Findings of Fact in Resolution No and the attached Conditions of Approval (allowing a cell tower at 1209 W Ramona Expressway) / Continued from February 5, 2009 / Planning Director 4.3 Resolution No. / A resolution renaming Potter Road as Lyon Avenue from De Anza Drive to Record Road / Approve and Adopt / Planning Director 4.4 Ordinance No. 09-10 / An ordinance (Zoning Amendment Ordinance No. 01- 09) regarding the Gateway area and city-wide wireless telecommunications facilities / Continue to May 21, 2009 City Council meeting / Planning Director Approve introduction and first reading of Ordinance No. 09-10 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, approving amendments to Article 23, Section 23.76, Wireless Telecommunication Facilities, to Amend the City's Regulations Establishing Standards for Wireless Telecommunications Facilities in the Gateway Area and City-wide City Council Agenda May 7, 2009 Page 4 of 5 5. STAFF REPORTS At the end of the scheduled City Department items, anyone wishing to discuss a consent calendar item should come forward upon invitation of the Mayor; state their name, address, and the consent calendar item number pulled. Speakers should limit comments to three (3) minutes. 5.1 An Ordinance to regulate the land application of sludge and manure / Approve introduction and first reading of Ordinance No. ; and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto Establishing Chapter 8.64 of the San Jacinto Municipal Code Pertaining to the Land Application of Sewage Sludge and Manure / Assistant City Manager 5.2 An Ordinance to Regulate Water Conservation and Water Supply Shortages / Approve introduction and first reading of Ordinance No. ; and by further motion read by title only: An Ordinance of the City Council of San Jacinto Amending Section 13.04.070 of Chapter 13.04 of the City of San Jacinto Municipal Code Establishing Water Conservation and Water Supply Shortage Program and Regulations / Public Works Director 5.3 Presentation of Fiscal Year 2009-2010 Proposed Budget / Discuss and direct staff / City Manager 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 7. CLOSED SESSION 7.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One (1) case 7.2 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Barry McClellan, City Manager/ Jeff Ballinger, City Attorney Employee organization/ Unrepresented Employee(s): SEIU & Management 8. ADJOURNMENT City Council Agenda May 7, 2009 Page 5 of 5 If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing. CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at thls meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (951) 537-6358, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB 343) -- Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the public counter located in the Administration Building of City Hall, 595 S San Jacinto Avenue, San Jacinto, California, 92583. I, Richard 1iCCer, Deputy City CCerkof the City of San Jacinto, do hereby certtbi that I caused to be posted the foregoing agenda this 1st day of May, 2009, as required 6y Caw. R'chard fiTti1TY Deputy City ckrk AGENDA - TRANSMITTAL FORM TO: Rick Miller, Deputy City Clerk Enclosure: Staff Report for CC meeting of 05/07/09 [CC or RDA] (date) Treasurer's Report— March 31, 2009 (name — brief description) XX Consent Calendar Item Public Hearing Item: Notice required yes no Copy attached yes no Published (date(s)) Notices sent (date(s) City Departments Item Attachments include (this needs to match the attachment list in the Staff Report: A. Treasurer's Report — March 31, 2009 B. C. Other: Please provide a fully executed copy of documents to: Please record and retum conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting DATE: 4/23/09 1RE - Bernard Simon [Name or Initials], [Title] \\SJFP01\Users\CRogers\A Director\A Finance Dtr\Council Reports\00 CC Transmittal Format.doc AGENDA ITEM 3 May 7, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Bernard Simon, City Treasurer SUBJECT: Treasurer's Report at March 31, 2009 RECOMMENDATION: Receive and File Treasurer's Report for March 31, 2009. BACKGROUND: The Treasurer's Report is required to be presented to the governing body at least quarterly in accordance with California Government Code Section 53600 et. seq. DISCUSSION: Total Cash and City Investments decreased 3.09% during the month. This includes cash, cash in bank and cash with trustee. The attached Treasurer's report is a "snapshot" report of our cash position on the last day of the month in all of our accounts. A section demonstrating compliance with the adopted Investment Policy and a chart depicting historical interest rates for certain positions have been added to the report. FISCAL IMPACT: None. ATTACHMENTS: Treasurer's Report for the month ending March 31, 2009. Approvals City Manager: �41/J Finance Directo Page 1 TREASURER'S REPORT FOR THE MONTH ENDING MARCH 31, 2009 02/28/2009 03/31/2009 % change 03/31/2009 COMPUTED INVESTMENT INSTITUTION INTEREST PURCHASE MATURITY PREV. MONTH CURRENT from prior MARKET ACCRUED TYPE SERIAL # RATE YIELD DATE DATE BALANCE BALANCE month VALUE INTEREST STATE POOL L.A.I.F. 1.912% 1.929% Various Open $39,617,788 D $39,617,788 0.00% $39,823,533 $205,745 STATE POOL L.A.I.F. - RDA 1.912% 1.929%0 Various Open $6,057,303 D $6,057,303 0.00°% $6,088,755 $31,452 CAMP Joint Powers Authority 0.890% 0.894% Various Open $4,031,467 E $3,134,118 -22.26% $3,134,118 n/a MONEY MARKET Bank of Hemet 1.740% 1.754% Various Open $9,686,720 C $9,101,827 -6.04% $9,101,827 n/a DEMAND Account Bank of Hemet 0.000% 0.000% Various Open $996,327 F $929,147 -6.74% $929,147 n/a PAYROLL Account Bank of Hemet 0.000% 0.000% Various Open $31.211 F $21,583 -30.85% $21,583 n/a Cash on Hand 0.000% 0.000% Various n/a 5850 F $850 0.00°% $850 n/a TOTAL CITY INVESTMENTS & FUNDS CFO NO 7 Mutual Fund Mutual Fund Mutual Fund Mutual Fund Corpo Mutua Mutua Mutue Mutua Mutua Mutua Mutue Mutua Mutua Mutue Mutua ate Obligations Fund Fund Fund Fund Fund Fund Fund Fund Fund Fund Fund RESTRICTED CASH WITH FISCAL AGENT (BOND FUNDS) Tnistoe $60,421,666 $58.862,616 -2.58% $59,099,813 $237,197 Union Bank Blackrock Prov. T-Fund XXXXXX5201 0.000% 0.000% Various Open SO Union Bank Blackrock Prov. T-Fund XXXXXX5202 0.000% 0.000% Various Open $123,173 Union Bank Blackrock Prov. T-Fund XXXXXX5203 0.080% 0.080% Various Open $127 Union Bank Blackrock Prov. T-Fund XXXXXX5204 0.080% 0.080% Various Open $14,995 Union Bank Bayerische Lankbk GIC XXXXXX5204 4.050% 4.126% 10/10/2002 09/01/2014 $748,800 Union Bank Blackrock Prov. T-Fund XXXXXX5205 0.080% 0.080% Various Open $36,697 Union Bank Blackrock Prov. T-Fund XXXXXX5208 0.080% 0.080% Various Open 5266 Union Bank Blackrock Prov. T-Fund XXXXXX5301 0.080% 0.080% Various Open $224 Union Bank Blackrock Prov. T-Fund XXXXXX5401 0.080% 0.080% Various Open $749,967 Union Bank Blackrock Prov. T-Fund XXXXXX5403 0.070% 0.070% Various Open $28 Union Bank Blackrock Prov. T-Fund XXXXXX5405 0.080% 0.080% Various Open $187,659 Union Bank Blackrock Prov. T-Fund XXXXXX5406 0.080% 0.080% Various Open $14,690 Union Bank Blackrock Prov. T-Fund XXXXXX5501 0.080% 0.080% Various Open $939 Union Bank Blackrock Prov. T-Fund XXXXXX5502 0.000% 0.000% Various Open SO Union Bank Blackrock Prov. T-Fund XXXXXX5503 0.000% 0.000% Various Open SO Union Bank Blackrock Prov. T-Fund XXXXXX5506 0.080% 0.080% Various Open $24,171 TOTAL CFD NO 2 $1,901,736 2005 RDA SAN JACINTO TAXALLOCATI0N BONDS Mutual Fund Union Bank Blackrock Prov. T-Fund XXXX75750X 0.105% 0.105% Various Open $3,057,502 1997 WATER IMPROVEMENT REVENUE BONDS Mutual Fund Union Bank Blackrock Prov. T-Fund XXXX59800X 0.080% 0.080% Various Open $235,083 2002 WATER REVENUE BONDS Mutual Fund Union Bank Blackrock Prov. T-Fund XXXX68290X 0.080% 0.080% Various Open $29 $0 0.00% 50 n/a $0-100.00% $0 n/a $127 0.00% $127 n/a $14,995 0.00% $14,995 n/a $748,800 0.00% $748,800 n/a $36,698 0.00% $36,698 nla $266 0.00% $266 n/a $224 0.00% $224 n/a $77,801 -89.63% $77,801 n/a $28 0.00% $28 nla $187,659 0.00°% 5187,659 n/a $39,368 167.99% $39,368 n/a $939 0.00% $939 nla $0 0.00% $0 n/a S0 0.00% SO n/a $24,171 0.00% $24,171 n/a $1,131,076-40.52"% $1.131,076 nla $3,057,509 0.00% $3,057,509 n/a $309,900 31.83% $309,900 n/a $230,995 796434.48% $230,995 n/a L999 RDA SOBOBA TAX ALLOCATION BONDS Mutual Fund Union Bank Blackrock Prov. T-Fund XXXX62740X 0.080% 0.080% Various Open $69.613 ASSESSMENT DISTRICT 87-1 Cash BNY Bank of New York 0.000% 0.000% Various $62,446-10.30% $62,446 n/a Open $916 F $916 0.00% $916 n/a TOTAL CASH WITH FISCAL AGENT $5,264,879 $4,792,842 -8.97% $4,792,842 n/a Prepared By: General Accounting Manager 04/23/2009 Page 2 TREASURER'S REPORT FOR THE MONTH ENDING MARCH 31, 2009 02/2B/2009 03/31/2009 % change 03/31/2009 COMPUTED INVESTMENT INSTITUTION INTEREST PURCHASE MATURITY PREV. MONTH CURRENT from prior MARKET ACCRUED TYPE SERIAL # RATE YIELD DATE DATE BALANCE BALANCE month VALUE INTEREST TOTAL ALL FUNDS $65,686,545 563,655,458 -3.09% $63,892,655 $237,197 PER INVESTMENT POLICY: Maximum % Current % In Complaince? Level 1 - Investments U.S. Treasury Bills, Notes and Bonds 100% 0% Yes $0 Negotiable CDs 10% 0% Yes $0 Obligations issued by U.S. Government Agencies 100% 0% Yes $0 Commecial Paper 15% 151, Yes A $748,800 Medium Term Notes 20% 0% Yes $0 Repurchase Agreements 10% 0% Yes $0 Time Deposits 25% 0% Yes $0 Mutual Funds (Limited to U.S. Treasuries) 18% 6% Yes B $4,043,126 Mutual Funds (Limited to U.S. Govt. Sec.) 18% 0% Yes $0 Level 2 - Investments Money Market Funds (non -brokered) 20% 14% Yes C $9,101,827 LAIF 90% 72% Yes D 545,675,091 CAMP (pool account) 50% 5% Yes E $3,134,118 Cash & Demand Accounts n/a n/a n/a F 5952,496 I CERTIFY THAT THESE INVESTMENTS COMPLY WITH ALL STATE LAWS PERTAINING TO THE INVESTMENT OF LOCAL AGENCY FUNDS AND THE CITY OF SAN JACINTO'S INVESTMENT POLICIES, CITY OF SAN JACINTO MEETS OR EXCEEDS THE SIX MONTH CASH FLOW REQUIREMENTS AS PER GOVERNMENT CODE 53646(b)(3(. BERNARD SIMON, TREASURER City of San Jacinto $63,655,458 Prepared By: General Accounting Manager 04/23/2009 O O O 4/06 5/06 6/06 7/06 8/06 9/06 10/06 11 /06 12/06 1/07 2/07 3/07 4/07 5/07 6/07 7/07 8/07 9/07 10/07 11/07 12/07 1/08 2/08 3/08 4/08 5/08 6/08 7/08 8/08 9/08 10/08 11 /08 12/08 1 /09 2/09 3/09 O O O O P O O cri O O O O O O Interest Rates - 4/06 to 3/09 MEMORANDUM TO: The Honorable Mayor and City Council Members FROM: Rick Miller, Deputy City Clerk DATE: May 7, 2009 SUBJECT: April 2, 2009 City Council Meeting Minutes Staff requests that this item be continued to the May 21, 2009 City Council meeting. 3.3 MINUTES REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL APRIL 16, 2009, 7:00 p.m. 2045 South San Jacinto Avenue San Jacinto Unified School District Board Room, San Jacinto, CA 92583 1. ORGANIZATION 1.1 Call to Order Mayor Dale Stubblefield called the regular meeting of the San Jacinto City Council to order at 7:04 p.m. 1.2 Roll CaII Present: Jim Ayres, Steve Di Memmo, John Mansperger, Jim Potts, Dale Stubblefield Absent: None 1.3 Invocation Pastor John Carlson, Oasis Valley Church, gave the invocation. 1.4 Pledge of Allegiance Mayor Dale Stubblefield led the Pledge of Allegiance. 1.5 Special Presentations 1.5.1 Mayor Stubblefield presented the Sexual Assault Awareness Month Proclamation and Denim Day April 22, 2009 to Vanessa Nevarez, CASA Ms. Nevarez thanked the Mayor and Council Members for recognizing Denim Day and CASA. 1.5.2 Mayor Stubblefield presented the May is Mental Health Month Proclamation to Don Sercombe Mr. Sercombe thanked the Mayor and Council Members for acknowledging May as Mental Health Month. City Council Minutes April 16, 2009 Page 2 of 13 1.5.3 Economic Development Manager Sharon Merritt presented the Business Spotlight of the Month to Prime Performance / Jaime and Laurinda Brazie Ms. Brazie thanked the Mayor and Council Members for honoring their business, Prime Performance with the Spotlight of the Month. 2. PUBLIC COMMENTS: 2.0 Public Comments Paul Jacques and Lewis Amestoy, representing the Ramona Bowl Amphitheatre, 27400 Ramona Bowl Road, Hemet — invited the council to attend the upcoming Ramona Pageant and Gala. Tickets were distributed to the council members. Evalyn Demeaux, representing the Hemet San Jacinto Genealogical society, 40705 MalibarAve., Hemet— invited the council and audience to contribute their family story to be included in the upcoming book "San Jacinto Valley Past and Present, Volume II" 3. CONSENT CALENDAR 3.1 Warrants and Disbursements March 2009 Minutes / Approve / Interim Finance Director 3.2 April 2, 2009 Minutes — Regular Meeting / Approve / City Clerk 3.3 Continuation of the Proclamation of the Local State of Emergency due to high and damaging winds / Approve / City Attorney 3.4 Emergency Report for Ramona Expressway erosion prevention improvements and determination of need to continue emergency Public Works contracting pursuant to Public Contract Code 22050 / Approve / City Attorney and City Manager 3.5 Ordinance No. 09-09 / An ordinance repealing Ordinance No. 06-22 and conditioning the development of property to include non- residential development projects within certain areas on the financing of improvements for the San Jacinto River Levee, Stage 4 / Planning Director / Approve second reading and adopt Ordinance No. 09-09 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, Repealing Ordinance No. 06-22 and Conditioning the Development of Property within Certain Areas on the City Council Minutes April 16, 2009 Page 3 of 13 Financing of Improvements for the San Jacinto River Levee, Stage 4 3.6 State Controller's Audit Report on Special Gas Tax Street Improvement Fund and Traffic Congestion Relief Fund for the periods ended June 30, 2007 / Receive and File / Interim Finance Director 3.7 Cash Fund for use during declared emergency events 1 Approve $5,000 funding / Interim Finance Director 3.8 Resolution No. 3251/ A resolution indicating the San Jacinto City Council supports reauthorization of the SAFETEA-LU and the continuing funding for its implementation / Approve and Adopt / Assistant City Manager 3.9 Speed hump installation at Westminster Drive and Sussex Road / Approve and Authorize the installation of speed humps as requested by residents / City Engineer 3.10 Memorandum of Understanding (MOU) for Watershed Monitoring in the Hemet/San Jacinto Management Area / Approve and authorize city manager to execute agreement / City Manager 3.11 Estudillo Mansion Perimeter Landscaping Project / City Engineer a) Approve plans and specifications for said project b) Authorize city clerk to publicly advertise for bids 3.12 3rd Annual Crime Victims' Week April 26 — May 2, 2009 / Request to co-sponsor this event at no cost / Approve / City Manager 3.13 Ordinance No. 09-12 / An ordinance approving an updated city-wide speed survey / City Attorney and City Engineer / Approve introduction and first reading of Ordinance No. 09-12 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, Approving and Adopting the Updated City -Wide Speed Survey and Directing the City of San Jacinto Public Works Department to Implement the Speed Limit Recommendations Contained Therein 3.14 Urgency Ordinance No. 09-13, Ordinance No. 09-14, Resolution No.3252 An urgency ordinance, ordinance, and resolution regarding the consolidation of City Manager/City Clerk positions / City Attorney / Adopt urgency ordinance, and by further motion read by title only and introduce (conduct first reading of) regular ordinance City Council Minutes April 16, 2009 Page 4 of 13 authorizing the consolidation of City Clerk/City Manager offices, and approve resolution appointing City Manager Barry McClellan to the office of City Clerk: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AMENDING SECTIONS 2.2.010 AND 2.20.010 OF THE SAN JACINTO MUNICIPAL CODE TO PROVIDE FOR THE APPOINTMENT BY THE CITY COUNCIL OF THE CITY MANAGER AS CITY CLERK OF THE CITY OF SAN JACINTO A RESOLUTION OF THE CITY OF SAN JACINTO APPOINTING BARRY MCCLELLAN TO THE OFFICE OF CITY CLERK OF THE CITY OF SAN JACINTO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AMENDING SECTIONS 2.12.010 AND 2.20.010 OF THE SAN JACINTO MUNICIPAL CODE TO PROVIDE FOR THE APPOINTMENT BY THE CITY COUNCIL OF THE CITY MANAGER AS CITY CLERK OF THE CITY OF SAN JACINTO Councilmember Ayres requested that item 3.2 be pulled and asked that it to be continued until the regular council meeting of May 7, 2009 M/SIC (Ayres/Mansperger) moved to approve the balance of the Consent Calendar. Motion Carried 5/0. Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None 4. PUBLIC HEARING 4.1 Pursuant to Section 147(f) of the Internal Revenue Code of 1986, hear, consider and approve the proposed issuance by the California Statewide Communities Development Authority ("CSCDA") of multi- family housing revenue obligations in an aggregate principal amount not to exceed $3,000,000 ("Obligations") for the purpose of financing the acquisition and rehabilitation of a multi -family residential senior housing facility located at 633 East Main Street 1 Resolution No. 3255 1 A resolution authorizing the city to approve the issuance of the obligations by CSCDA / Approve and Adopt following the public hearing / Redevelopment Operations Manager City Attorney Jeff Ballinger presented the staff report. City Council Minutes April 16, 2009 Page 5 of 13 Mayor Stubblefield asked for confirmation that this type of resolution had been done before. City Attorney Ballinger stated that it is a legal formality only that there were no City tax dollars at risk. Councilmember Potts inquired as to the safeguards built in for the current occupants as they are seniors with fixed incomes. City Attorney Ballinger stated that he was not familiar with the specifics of this project but in general with any project the residents have the first right to reoccupy the property after they have been rehabilitated. Mayor Stubblefield opened the Public Hearing at 7:35 p.m. Rachael Gray Shipkin, Pacific Housing Advisors/RC Investment Group, LP, 169 Saxony Road, Suite 103, Encinitas, CA — representing the project was available to answer any questions that the Council might have. Councilmember Potts asked what the plans for the existing residents of the project. Ms. Shipkin responded that there would be no change for the current residents. This is a moderate rehabilitation; basically they can stay where they are living. Councilmember Potts inquired as to the existing rent schedule. Ms. Shipkin responded that the rents would not increase for the people living there. If the area medium income goes up the rents increase on the project but they receive a subsidy from the government for the difference and the residents rent remains the same. Mayor Stubblefield closed the pubic hearing at 7:36 p.m. M/S/C (Ayres/Potts) moved to approve Resolution No. 3255 as presented. Motion Carried 5/0. Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield, Nays: None Absent: None Abstain: None City Council Minutes April 16, 2009 Page 6 of 13 4.2 Resolution No. 3253 / A resolution updating the City's Local Guidelines for Implementing the California Environmental Quality Act (CEQA) (Pub. Resources Code Section 21000 et seq.) / Approve and Adopt / City Attorney Mayor Stubblefield opened the Redevelopment Agency (RDA) meeting at 7:36 p.m. RDA meeting agenda item 4.1 was heard followed by simultaneous hearing of City Council 4.2 City Attorney Ballinger presented the staff reports for item 4.1 on the RDA Agenda and item 4.2 on the regular agenda. Councilmember Potts had questions on section 5.15, which deals with water and asked for a clarification on the difference between a programmatic CEQA document and a project -level CEQA document. City Attorney Ballinger responded that a programmatic CEQA document is something of a bigger picture, for the General Plan. A project -level CEQA document is something that would be adopted for approval of a Tract Map of approx 50 homes. Mayor Stubblefield opened the public hearing at 7:40 p.m. There was no one present to support or oppose the item. Mayor Stubblefield closed the pubic hearing at 7:41 p.m. M/S/C (Mansperger/Ayres) moved to approve Resolution No. 3253, as presented. Motion Carried 5/0. Ayes: Ayres, Di Memrno, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None Mayor Stubblefield recessed the Redevelopment Agency (RDA) meeting and reopened the regular council meeting at 7:43 p.m. 5. STAFF REPORTS 5.1 Citizen Satisfaction Survey Report / Accept presentation by BW Research Partnership / Assistant City Manager Assistant City Manager Hults presented the staff report. In October of 2008 the council authorized staff to prepare a Citizen Satisfaction Survey. DW Research Partnership was contracted to conduct the survey. The survey was by phone with about 400 participants, all San Jacinto adult residents. City Council Minutes April 16, 2009 Page 7 of 13 He then introduced Josh Williams with DW Research Partnership to give a brief overview of the survey. Josh Williams with DW Research Partnership offered a PowerPoint presentation to explain the survey to the council. The research objective was to assess resident perception regarding satisfaction with the job that the city is doing but also look at several issues including quality of life, safety, city to resident communication, services provided by the city. They also looked at how the residents have interacted with city staff and their perception of that interaction. Repairing and maintaining local streets and roads, land use planning, and improving the quality and quantity of jobs in the community were the top issues, as well as education and recreation. Mayor Stubblefield thanked Mr. Williams and commented that this was a great project and a good study. He asked what the participation rate was. Mr. Williams stated that he was very pleased because the participation rate was just under fifty percent. Typically, this type of survey would have a participation rate of twenty-five percent. Councilmember Ayres commented that he was pleased with the project and a job well done. Councilmember Mansperger stated that at first he had his doubts about the survey due to the economy but after reviewing it was very pleased with the outcome. Councilmember Potts commented that he felt that the numbers were remarkable due to what is reported in the news. It is a testament to the dedication of the staff and contract people due to their hard work. Councilmember Di Memmo said that he felt this was a fabulous research presentation. He also supported what Councilmember Potts said, these numbers are because of the staff. They work very hard, the Sheriffs department works very hard. He suggested if possible, the presentation should be put on the website so that the community could see it. Mayor Stubblefield stated that this survey is an indication that the direction the past council and the current council is heading shows that they should continue in that direction. The council will use the items from the survey that the citizens have concerns on and continue to address them. He thanked Mr. Williams for the presentation. City Council Minutes April 16, 2009 Page 8 of 13 M/S/C (Stubblefield/Mansperger) to receive the Citizen Satisfaction Survey Report Motion carried 5/0. Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None 5.2 Award of Contract for 2009 Downtown Sidewalk project (CIP 09-007 and 09-015) / City Engineer • Award the contract for the 2009 Downtown Sidewalk Project to Kalban, Inc., in the amount of $1,068,100.00; • Allocate funds for the construction as outlined in the staff report; • Authorize the City Manager to execute the public works contract; • Reject all other bids. City Engineer Habib Motlagh presented the staff report. On April 7, 2009 bids were opened on the 2009 Downtown Sidewalk project. This project, once implemented, reaches out to the areas that the council has designated as a priority and will complete all the missing sidewalks in the boundaries that the council has established. The low bid was submitted by a contractor from Sun Valley and his references have been verified Councilmember Ayres asked if the west side of Pico, by the Sheriffs station would have sidewalks. He also inquired as to how much additional ADA compliance would be required in the downtown area once this project is completed. City Engineer Motlagh responded that sidewalks would be included along Pico and fifty-two more ramps would be included in the project. There may be a few that are not put in due to Right -of -Way (ROW), fences or other obstruction. This project would basically finish the downtown area. Councilmember Ayres asked if the rest of Idyllwild Drive would have sidewalks. City Engineer Motlagh stated that Idyllwild Drive would be a separate project. It requires (ROW) for this project and it does have a funding source of its own. Councilmember Ayres recognized County Supervisor Jeff Stone's support of the City's three years request of CDBG money. This is a large share of the funding and its an excellent use for the area where these sidewalks are going in and allows to free up other funds for other projects that are not in that area. The city needs to make certain that Quant Ranch Rd qualifies for CDBG money. City Council Minutes April 16, 2009 Page 9 of 13 City Engineer Motlagh stated that there is RDA funds available and the Engineering Department will be applying for SB 821 Grant. This is a project that will be submitted as a candidate. Mayor Stubblefield opened the Public Hearing at 7:50 p.m. There was no one present to support or oppose this item. Mayor Stubblefield closed the Public Hearing at 7:51 p.m. M/S/C (Ayres/Mansperger) to award the contract for 2009 Downtown Sidewalk project to Kalban, Inc., and authorized the City Clerk to reject all other bids. Motion carried 5/0. Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None 5.3 Police Station Expansion Project / Police Chief a) Approve plans and specifications for said project b) Authorize staff to publicly advertise for bids Sgt. Dean Agnoletto presented the staff report on behalf of Chief Tyler and requested that the council approve the project and authorize public bid advertisement. Mayor Stubblefield commented that the Public Safety Subcommittee looked at this plan and with the "U" shaped property did not seem to facilitate expansion of office space in that area. He asked if this plan would allow for the flow of the vehicles to get in and out. Sgt. Agnoletto responded that the "U" shape will be filled in with office space and the primary utilization will be for a state of the art Emergency Operations Center (EOC). Parking will be along the exterior wall. There will be easy access in and out of the center. Councilmember Ayres addressed the future concern for employee parking. There is a lack of essential parking space. This will encompass a portion of that parking. Sgt. Agnoletto commented that right now that space is utilized for the Sgt. and the Watch Commanders, usually 3 and sometimes 4 vehicles would be parked there and it would impact it somewhat. Councilmember Ayres requested that the parking issue be put on the agenda for the Public Safety Subcommittee meeting. He further City Council Minutes April 16, 2009 Page 10 of 13 commented that the City does need a new Community Center and this is a good opportunity to look at this. Councilmember Potts inquired about the breakdown of the expansion and the comment about additional funds may be required to complete the p roject. City Manager Barry McClellan commented that when this was brought to the council a year or so ago the estimate was $800,000 to $900,000 dollars and now it is $600,000, but we only had a little over $300,000 of TASIN SB 621 Indian Gaming Funds money so we knew that we were not going to have enough. But the estimate has been reduced by $200,000. Councilmember Potts inquired as to where the additional funds would come from. City Manager McClellan responded that the additional funds would most likely come from RDA funds. Councilmember Potts asked for clarification that any additional funds would not be coming out of the General Fund. Mayor Stubblefield and Councilmember Ayres both affirmed that any additional funds would not come from the General Fund. M/S/C (Ayres/Potts) to approve the plans and specifications for the Police Station Expansion Project and authorize staff to publicly advertise for bids. Motion carried 5/0. Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None 5.4 Ordinance No. 09-11 / An ordinance amending Chapter 8.48 of the San Jacinto Municipal Code / Approve introduction and first reading of Ordinance No. 09-11 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto Amending Chapter 8.48 of the San Jacinto Municipal Code Requiring that Shopping Carts Be Maintained on Business Premises / Assistant City Manager Assistant City Manager Tim Hults presented the staff report. The current shopping cart ordinance is not as restrictive as the one being proposed tonight. There is a substantial problem in San Jacinto; the Code City Council Minutes April 16, 2009 Page 11 of 13 Enforcement Officers are constantly picking up carts that are abandoned. Under the new ordinance new businesses will have to present their plan for the cart containment before they will be issued a business license. Existing businesses will be required to present a plan within 60 days. Mayor Stubblefield commented that he has been concerned about this for a long time. He asked if anyone was using the electronic tracking devices. Assistant City Manager Hults responded that in some cities Stater Bros. was using the devices. Councilmember Ayres asked Public Works Director Mike Emberton if there was a recycle value to the carts and approximately how many carts are at the yard. He also asked how much of his time did monitoring the carts consume. Public Works Director Emberton responded that they collect approximately 200 per month and about ten to fifteen percent are picked up and the remainder goes into the scrap bin to be recycled. Councilmember Ayres asked what would be the approximate cost for a cart Public Works Director Emberton state that at this time it is approximately $280.00. Councilmember Ayres commented that he liked the approach that Wal Mart handles their carts. He suggested that it might be a good idea to condition future shopping centers to have that standard. Councilmember Mansperger stated that some of the smaller stores might not be able to manage the electronic tracking devices. He also asked if the levee of fines would be applied to the 200 carts that are at public works. Assistant City Manager Hults said that there is cost recovery involved in the ordinance. The person in possession of the cart can be ticketed as well. Councilmember Potts asked when the next time the Development Code would be addressed. Would this be the place to require future shopping centers to develop a plan for shopping carts. Assistant City Manager Hults commented that they are just about done with the review. This would be a good time to look at it. Mayor Stubblefield asked for any public comments. Laurinda Brazie 41140 Wade Lane, Hemet California asked if there was any way to resell the shopping carts back to the stores where they were purchased. City Council Minutes April 16, 2009 Page 12 of 13 M/S/C (Mansperger/Ayres) to approve Ordinance No. 09-11 as presented. Motion Carried 5/0. Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None 5.5 Resolution No. 3251 / A resolution approving the transfer of title for the properties at 181 E Main Street and 201 E Main Street from the City of San Jacinto to the San Jacinto Redevelopment Agency / Approve, Adopt, and Authorize city manager to execute a grant deed and to take such other actions and execute such other documents as may be necessary to accomplish the transfer of title for the properties in accordance with the resolution / Assistant City Manager Assistant City Manager Hults presented the staff report. There is a companion piece on the Redevelopment Agency Agenda, Item 5.1. Mayor Stubblefield opened item 5.1 of the Redevelopment Agency Agenda Assistant City Manager Hults commented that at the last council meeting the council authorized the demolition of the buildings at 181 and 201 E. Main Street. Both those buildings are currently owned by the City. As a result of that if the city were to move forward it would be a general fund expense. At this time he is requesting that the council approve the transfer of title to the San Jacinto Redevelopment Agency. This will enable the agency to fund the demolition and upon sale of the two properties the City will be made whole on the acquisition. M/S/C (Ayres/Mansperger) to approve Resolution No. 3251 as presented. Motion carried 5/0. Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None Mayor Stubblefield called fora 10 minute recess at 8:37 p.m. reconvening at 8:47 p.m. Mayor Stubblefield recessed the regular meeting at 8:48 and opened the Redevelopment Agency (RDA) meeting at 8:49 p.m. Mayor Stubblefield recessed the Redevelopment Agency meeting at 9:24.m. and reconvened the regular meeting of the city council at 9:25 p.m. City Council Minutes April 16, 2009 Page 13 of 13 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Committee and Subcommittee Reports Council Member DeMimmo passed on giving a report. Council Member Potts attended Water Sub -Committee and San Jacinto Chamber of Commerce Blender. Council Member Ayres spoke with County Supervisor Jeff Stone 2 weeks ago regarding a skate park, the Supervisor pledged $10,000 to help. Over the next few weeks he and Council Member Mansperger will tour a few skate parks for ideas. He recommended Sallee Park as a potential site. He suggested the meeting be closed in honor of Bill Bush a longtime City resident that passed away recently. Council Member Mansperger attended Valley Wide Ceremony, RCA & WRCOG Meetings. Commented on the upcoming United Way dinner next Friday. Mayor Stubblefield mentioned as a reminder about the next community clean up on Idyllwild on May 9th. Also on May 8th Pal will present a movie in the park. 7. CLOSED SESSION 8. ADJOURNMENT Having no further business before the Council, Mayor Stubblefield adjourned the meeting in the honor of Bill Bush at 9:30 p.m. ATTEST: Barry McClellan, City Clerk by Dale Stubblefield, Mayor Approved as read: Approved as amended: AGENDA ITEM May 7, 2009 TO: The Honorable Mayor and Members of the City Council FROM: City Attorney SUBJECT: Continuance of the Proclamation of the Local State of Emergency due to the Severe High and Damaging Winds RECOMMENDATION: Staff recommends that the City Council, by motion, approve the continuance of the Proclamation of the Local State of Emergency due to the Severe High and Damaging Winds. DISCUSSION: On October 26, 2007, the City Council approved Resolution No. 3117 proclaiming and ratifying the existence of a local emergency, as issued by the Director of Emergency Services/City Manager and resulting from the extreme high and damaging winds that began on or about 12:00 a.m. (midnight) on October 21, 2007. Government Code section 8630 requires the City Council to review, at its regularly scheduled meetings until the local emergency is terminated, the need for continuing the local emergency. ALTERNATIVES: 1) Consent to the continuance of the Proclamation of the Local State of Emergency (Staff Recommendation). 2) Do Not Consent to the continuance. FISCAL IMPACT: The City's ability to obtain or continue to receive federal, state or regional disaster/emergency relief funding may be impacted if the City Council does not Consent to continue the proclamation of the local state of emergency. Substantial budgetary impacts are apparent for recovery efforts to include substantial employee overtime salaries; purchases of materials, supplies and equipment; use of private contractors/force labor; and other repairs to city right-of-way facilities (Preliminary estimates range from thirty five to fifty thousand dollars). Budgetary assistance and reimbursement is available from Federal Emergency Management Agency (F.E.M.A.) for related costs for limited recovery efforts to critical infrastructure including: electrical, power, telecommunications, water supply, public safety, and transportation. ATTACHMENT: • Resolution No. 3117 Approvals City Manager: /i fiI Page 1 of 1 Finance Director: ( } STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. 3117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO CONFIRMING THE CITY MANAGER/DIRECTOR OF EMERGENCY SERVICES' PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY WHEREAS, section 2.36.060(A)(1) of the San Jacinto Municipal Code empowers the Director of Emergency Services/City Manager to proclaim a local emergency if the City Council is not in session and requires that the City Council shall take action to ratify the proclamation within seven days thereafter; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City of San Jacinto, as a result of due to severely high and damaging winds commencing on or about 12:00 a.m. (midnight) on the 21 st day of October, 2007, at which time the City Council of the City of San Jacinto was not in session; and WHEREAS, the City Council does hereby find that the above described conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency in the vicinity of San Jacinto; and WHEREAS, the City Manager acting as the Director of Emergency Services did proclaim the existence of a local emergency within the City on the 22nd day of October, 2007. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Jacinto that the Proclamation of Existence of a Local Emergency, as issued by the Director of Emergency Services/City Manager, is hereby ratified and confirmed. BE IT FURTHER RESOLVED that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of San Jacinto, and that until such time, the City Council shall review, at each of its regularly scheduled meetings until the local emergency is terminated, the need for continuing the local emergency. BE IT FURTHER RESOLVED that City staff is hereby authorized and directed to take any action that may be necessary or convenient to assist in obtaining federal, state or regional disaster/ emergency relief funding. Page 1 of 2 APPROVED, PASSED, and ADOPTED by the City Council of the City of San Jacinto at a special meeting of said Council held on the 26th day of October 2007, by the following vote: Ayes Ayres, Mansperger, Stubblefield Nays None Absent Carlson, Ritchie Abstain None ATTEST: D. rothy Cho, inard, City Clerk Page 2 of 2 City of San Jacinto APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP 0eWBallinger, Gity Attorney AGENDA - TRANSMITTAL FORM TO: ,pity Clerk Enclosure: Staff Report for C-C-- meeting of [CC or RDA] 5` (date) �J ( �nve� i' o c�' c r CVuywti C)r��� �e (name — brief description) _ (l n XW 2 k i� SS 6ct c:,{-c 5 C z r i- l cj 4 % Q CU 5 t r Consent Calendar Item _ Public Hearing Item: Notice required yes no Copy attached yes no Published (date(s)) Notices sent (date(s) City Departments item 7' Attachments include (this needs to match the attachment list in the Staff Report: A. Le_Ker - \Alalcb \�� c\nc B. f'`c . 1 i\ \ ItL i\\ K t �S CY\oiynQ 0S C. Other: Please provide a fully executed copy of documents to: Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting \ rwnvt�� S DATE: �r 1 r� ��i C�tt�S�1/1)‘ ) 11c20 [Nar a or Initials], [Title] C:\Users\Trilake\Desktop\Lilly\Blank Forms\Blank AGENDA Transmittal Form.doc AGENDA ITEM 5 5 May 7, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Assistant City Manager SUBJECT: San Jacinto River Levee, Approval of Change Order to Final Design contract with Webb Associates RECOMMENDATION: Staff recommends that the City Council, by motion, approve a change order to the final design contract for the San Jacinto River Levee with Webb Associates in the amount of $52,795.75 and authorize the City Manager to execute a formal amendment to the contract. DISCUSSION: At its meeting on October 18, 2007, the City Council approved the contract with Albert A. Webb Associates for the final design of the San Jacinto River Stage 4 Levee Project. The original value of this contract was $826,350. Early in 2008, the first amendment to this contract added on geotechnical and sediment transport studies and brought the total value of the contract to $1,323,076. Recently, as the design has been progressing, the City and RCFC have determined that there is a need to expand Webb's scope of work, and thus approval of a change order with additional compensation is recommended. There are two specific items addressed by this change order: 1. Additional funding for the design of the levee crossing over three MWD pipelines. MWD requirements are very stringent and a specially designed floodwall is being used to bridge over these facilities. This special design requires detailed structural engineering work beyond Webb's original scope. 2. Additional funding for work by the sediment transport sub -consultant (PACE, Inc.) to perform two tasks: review/comparison to the sediment study prepared by the SJ River GAP consortium, and review of the EIR prepared by Webb with specific consultation and narrative regarding sediment transport for that document. Approvals City Manager: 7714 E Finance Director:; Page 1 of 2 The total additional funding Webb has requested for these items is $52,795.75. Both City and RCFC staff have reviewed the change order proposal submitted by Webb (attached to this staff report), and have determined that the costs are reasonable. Staff recommends approval of the change order. Upon City Council approval of this change order, staff will prepare a formal amendment for the City Manager's signature using the typical format provided by the City Attorney's office. ALTERNATIVES: Approve or do not approve the change order to Webb's contract as presented herein. FISCAL IMPACT: The costs for the proposed change order are already covered in the City's budget, by City capital project 03-054. These change order costs will be shared 50-50 between the City and RCFC, in accordance with the Levee Design Cost Share agreement the two agencies entered into. The City's share of the cost will be paid using RDA funds, consistent with the reimbursement agreement between the City and RDA that was approved by the Council on October 18, 2007. No budget adjustment or new allocation is requested as part of this approval. ATTACHMENTS: • Webb Associates change order proposal for design of MWD crossing protection, dated March 11, 2009 • PACE, Inc. e-mail with change order proposal for additional review work, dated December 9, 2008 Page 2 of 2 U`o'S A t. B CA a .,_.. March 11, 2009 Mr. Tim Hults, Planning Director CITY OF SAN JACINTO 595 South San Jacinto Avenue, Building A San Jacinto, CA 92583 0 C 1 A T ES W.O. 07-0383 RE: Request for Contract Addendum #6, Additional Support Services for the San Jacinto River MWD Crossing Protection Project, Riverside County, California Dear Tim: Webb Associates respectfully submits this request for a contract addendum in order to provide additional support services for the above mentioned project. Based on the meetings we have had to date with Metropolitan Water District and the Riverside County Flood Control and Water Conservation District (RCFC&WCD), the level of analysis and design required for the protection of the MWD aqueducts is beyond the level anticipated in our original contract. Therefore, we are proposing a new budget in order to complete this task. To date, Webb Associates and Terrain Engineering has put forth $28,21 1 in effort relating to this phase of work. This has consisted of attending two meetings at the MWD offices in Los Angeles, evaluating alternative design methods for the crossing, and coordinating with the RCFC&WCD. Based on the work we have performed to date, a flood wall will be designed to cross over the three MWD lines. Our revised budget below is based on the coordination we have had with MWD and the RCFC&WCD and includes the necessary geotechnical analysis, flood wall design structural analysis, and coordination to prepare an acceptable crossing detail. Based upon our recent discussion with PACE, the change will not impact the Sediment Transport/Bed Scour Study, and as such, no additional charge will be required to their budget for this item. o Current contract amount o Effort to date (Terrain Eng. including 5% markup) o Effort to Date (Webb Associates) Remaining budget o Additional CHJ budget (including 5% markup) o Additional Terrain Eng. budget (including 5(i7, markup) o Webb budget needed to complete task Subtotal o Less remaining Webb budget from original contract Additional requested budget amount S42.305.00 .S16,317.00 S11.894.00 $14,094.00 S31,389.75 S 10,500.00 S 17.500.00 $59,389.75 -S 14.094.00 $45,295.75 C EVIL L LtG: N PERI!tG WATER RESOURCES ENG!f EERING ASSESSMENT! ?EC1=y TA.P CONSULTING PL.A.NNIN0 & CONSTRLICTI0N ENVIr^.ONR1 ENTAL MANAGEMENT SERVICES AND !NSF-ECTi0N TRAFFIC & TRANSPORTATION ENGINEERING N17 SURVEY?NG PUBLIC WO R KS Should you find this addendum acceptable, please provide us with a formal contract addendum for these services. We appreciate this opportunity to be of continued service, and should you have any questions regarding this contract addendum, please do not hesitate to contact me at PH. (951) 686-1070. Sincerely, ALBERT A. W'EBB ASSOOIATES Jph Ca` Senior Engineer cc: Eric Skaugset, City of San Jacinto Stuart Mckibbin, Riverside County Flood Control & Water Conservation District JCieam G:12007V07-0383`,CO #6 Additional Srs-'+4 VD 030609.doc Joseph Caid6eI From: Sent: To: Subject: David Jaffe [djaffe@pacewater.com] Tuesday. December 09, 2008 4:03 PM Joseph Caldwell FW: change order - revised At the November 12, 2008 team meeting three areas of work within the tasks of sediment transport numerical modeling and analysis were identified as needing additional effort. This effort is broken down into three areas: 1) Long-term modeling methodology; 2) GAP study review, comparison and discussion; and 3) EIR preparation support. 1) Long-term modeling: In the San Jacinto watershed within the project area there is a paucity of historic hydrologic data to be incorporated into the numerical modeling effort. This absence of data is both a function of the arid conditions within the watershed and relative newness of the flow gages within the River upstream of the project site. The current available data suggests that only very infrequent events (T_return--20 years) produce discharges large enough to generate significant sediment transport (Q>5000 cfs). In the entire 87 years of data available upstream of the study are only 27 events that meet or exceed this discharge. There are two approaches that can be utilized to conduct long-term modeling. The first approach is to use the actual data to represent the 60-year design horizon (FEMA standard), while the second approach is to generate 60 years of data statistically from the available gage data statistical analysis. It is unclear if one method is preferable over another, although there is the potential that the two different methodologies were produce disparate results. To address the uncertainty in the historical record discussed PACE will complete long-term modeling utilizing both historical and statistical methods in the long-term HEC-6T numerical modeling. Long-term modeling will include the development of two distinct long-term hydrographs, one for each methodology. The hydrographs will be based on available gage data and statistical representations of the long-term flow record. Modeling of each hydrograph will be included. A comparison of each methodology is included in this task, as well as a comparison of the model results. This task assumes that the sediment gradation has not changed over the historical record. 1A) Develop the long-term statistical analysis of the available gage data and create a long-term modeling hydrograph from the data. This includes a review of statistical methods, the statistical analysis of the raw data, and the statistical development of the hydrograph. The original contract includes the analysis and development of the historical long-term hydrograph and is not repeated here. $7,000. 1 B) Modify the Tong -term HEC-6T model to include the statistically generated long-term hydrograph and run it for the FEMA time horizon. $2,000. 1 C) Prepare a methodology summary for the two long-term hydrograph techniques, and complete a results summary detailing any similarities and/or differences in the model results. $3,000. 2) PACE will review the methods and results of the GAP study for the present study reach. This review will cover the study's flow rates, transport equation selection. numerical modeling procedures, general- and long -term -adjustment procedures and estimates, and recommended design parameters. PACE will include a summary of this review in the study's final report and include a comparison of the present study's methods and findings with that of the GAP study. $2,500 3) PACE will assist WEBB with the preparation of the EIR documentation related to the sediment transport study. This task item will include meetings, coordination, and document preparation and review related to the EIR. Since it is unclear the amount of time needed for this task this item is based on time -and -expense. Any additions to this task will be covered by an addendum to the contract or under a separate contract. $5,000 (T&E) d , Jaffe, PhDs P j Project Manager �' c, i� Direct: (714) 481-7237 j Mob!e: (949) 285-2195 Ciaffe@pacewater.com 1 .^,w^w.oacewater.com 1' V' , \c, - \o V%ok eivpp( -4(. PACE ( Advanced Water Engineering k;ilvi ror:. e } St,;rvics e is Ft Vt£t Civil 2C 21.:.`.i - Apt \te `k. Ts�� 4,1 = 7 5a MEMORANDUM TO: The Honorable Mayor and City Council Members FROM: Rick Miller, Deputy City Clerk DATE: May 1, 2009 SUBJECT: Item 3.6 of the May 7th City Council Meeting Staff recommends that this item be continued to a date uncertain. 3.6 Approval of License Agreement with RCTC related to Sanderson Avenue Widening Project / Approve / City Engineer Thank you, Rick Miller, Deputy City Clerk AGENDA ITEM 3 May 7, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Habib MotlagK City Engineer SUBJECT: Approval of License Agreement with RCTC for Sanderson Ave Widening Project RECOMMENDATION: Staff recommends that the City Council, by motion, approve and authorize the City Manager to execute a license agreement for use of RCTC owned parcels in conjunction with the Sanderson Ave Widening project, including payment of processing fee to facilitate SCE relocation. DISCUSSION: Over the last several years, the Riverside County Transportation Commission has acquired several parcels in the vicinity of the intersection of Sanderson Avenue and Ramona Expressway. In the future, this land will be the location of the SR 79-Mid County Parkway interchange. As part of the Sanderson Ave Widening project currently being designed, the City Engineer's office identified a need to obtain additional ROW from RCTC. Commission staff responded to this request by indicating that they would not dedicate right of way, but instead would enter into a license agreement allowing the City to use the necessary area for the widened road until such time as the Mid County Parkway is constructed. Attached to this report, please find this license agreement. It has been reviewed and deemed acceptable by the City Engineer's and City Attorney's office, and thus staff recommends approval. Portions of three parcels are affected by this agreement: the parcel located at the southeast corner of Sanderson and Ramona Expressway; the parcel located at the southwest corner of Sanderson and Ramona Blvd; and the parcel located at the southeast corner of Sanderson and Ramona Blvd. Approvals City Manager: Finance Directod: Page 1 of 2 Additionally, the agreement authorizes a payment of $26,000 to RCTC which will facilitate the processing of an agreement between RCTC and SCE to allow relocation of power poles along Sanderson into Commission property. ALTERNATIVES: Approval: Approve the agreement as presented and authorize the City Manager to execute the same. Disapproval: Do not approve the agreement, and provide further direction to staff. FISCAL IMPACT: RCTC has agreed to allow the City to use their land for the Sanderson Widening project at no cost. However, the City has agreed to pay $26,000 toward the processing of a separate agreement between RCTC and SCE. This cost is appropriate for the project and is a reimbursable right of way expenditure through the City's agreement with WRCOG. ATTACHMENTS: ■ Road License Agreement between Riverside County Transportation Commission and City of San Jacinto Page 2of2 Agreement No. _-_-_-_ RIVERSIDE COUNTY TRANSPORTATION COMMISSION ROAD LICENSE AGREEMENT WITH CITY OF SAN JACINTO (Additional Right of Way — Sanderson Avenue Widening Project) 1. Parties and Date. THIS ROAD LICENSE AGREEMENT ("Agreement"), is made this day of , 2009 by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION, a public agency existing under the authority of the laws of the State of California ("RCTC" or "Licensor"), and CITY OF SAN JACINTO, a California municipal corporation ("Licensee" or "City"). 2. Recitals. 2.1 Licensor is the owner of certain real property located in the County of Riverside with the following assessor parcel numbers of 430-130-034, 430-130-040, and 430-130-076 ("Property") as legally described and depicted in Exhibits A1-A3. 2.2 Licensee has requested permission to build a temporary widened road ("Road") as part of the Sanderson Avenue Widening Project that permits the City to construct across said Property. 2.3 As part of this road widening effort, the City has requested Edison to temporarily relocate two poles under Edison's franchise obligations from the public right-of- way onto assessor parcel number 430-130-040 ("Property") which is owned by the Licensor. 2.4 Both Parties also wish to memorialize the City's promise to pay the processing fees and annual fees on behalf of Edison to RCTC associated with the relocation of two poles on the Property. The terms of these particular relocations are addressed in a separate license agreement between RCTC and Edison to be executed simultaneously with this Agreement. 2.5 Both parties now wish to enter into this license agreement that will permit the City to construct, maintain, and operate the Road on this Property subject to the conditions contained herein. 1 RVPUB\P KNOX\759581,3 2.6 Both Parties understand that the future use of this Property is to be impacted by the proposed development of the Mid -County Parkway and the proposed realignment of State Route 79. 2.7 Pursuant to these terms and conditions, City agrees to relocate its utility poles and facilities at a future date at their own cost. 3. Terms. 3.1 Grant of License. Subject to the terms and conditions hereinafter set forth, Licensor hereby grants to Licensee a revocable, non-exclusive license on, over and across the Property to construct, maintain, and operate a Road. The term of the License shall commence on the date of this Agreement and shall continue until the earlier of (i) revocation of the License by Licensor or any successor -in -interest; (ii) the removal of the Road by Licensee; or (iii) Section 3.3 below. The License authorized herein is strictly limited to the terms of this Agreement, and no right to encroach outside of this Agreement or Property by other than the Road as agreed upon herein, shall accrue by means of waiver, estoppel, custom, prescription, usage or otherwise. 3.2 Use. Licensee shall use the Road solely for ingress and egress and shall not use it for any other purpose whatsoever. Under this Agreement, Licensee is strictly prohibited from installing any new utilities in the Road. Notwithstanding, Licensee is permitted to relocate existing utilities in the Road and/or areas permitted for use under this License. No change shall be made by Licensee in the use of Road without Licensor's prior written approval. Any further expansion or any future use not related to ingress or egress of this Road shall be the subject of separation applications to the Licensor, which the Licensor may consider pursuant to its sole and absolute discretion. The License authorized herein shall be subordinated to any Licensor use or operation during the Term of this Agreement. 3.3 Termination of License. A. Notwithstanding any other term or provision of this Agreement, Licensor shall have the right to terminate this Agreement and shall have no obligation to reimburse Licensee for any of its improvements to the Property, under any of the following circumstances: 1. Licensor may terminate this Agreement at any time for cause, for a breach by Licensee of any covenant or term of this Agreement, or a default by Licensee of any term or provision of this Agreement, which acts of Licensee shall include but not be limited to: (i) The failure by Licensee to pay any amount in full when it is due under this Agreement; or (ii) The failure by Licensee to perform any obligation under this Agreement. Notification of such termination shall be in writing. 2. Licensor may terminate this Agreement at such time as the Property is needed for the construction of the Mid -County Parkway. 2 R VP U B\PKNOX\759581.3 B. Licensee may terminate this Agreement at any time for its convenience by providing written notice to Lessor one (1) year prior to the date of termination. 3.4 Hazardous Materials Use and Related Indemnity. A. Use and Termination. Licensee covenants that it will not handle or transport Hazardous Materials on the Road. As used in this license, "Hazardous Materials" means any chemical, substance or material which is now or becomes in the future listed, defined or regulated in any manner by any Environmental Law based upon, directly or indirectly, its properties or effects. As used in this preceding sentence, "Environmental Law" means any federal, state or local environmental, health and/or safety -related laws, regulations, standards, decisions of the courts, permits or permit conditions, currently existing or as amended or adopted in the future which are or become applicable to the Licensee or the Property. In the event the Road is now or in the future used in the handling or transporting of Hazardous Materials, Licensee agrees fully to comply with all applicable federal, state, and local laws, rules, regulations, orders, decisions and ordinances (hereinafter referred to as "Hazardous Materials Standards") concerning Hazardous Materials. Licensee further agrees that at Licensor's request it will furnish Licensor with proof, satisfactory to Licensor that Licensee is in such compliance. Should Licensee not comply fully with the above -stated obligations, Licensor may, in its sole discretion, terminate this Agreement by serving five (5) days' notice of termination upon Licensee. Any waiver by Licensor of any breach of Licensee's obligation shall not constitute a waiver of the right to terminate this Agreement for any subsequent breach which may occur, or to enforce any other provision of this Agreement. Upon termination, Licensee shall remove the Road and restore Property as herein provided. B. Indemnity. Notwithstanding anything else contained in this agreement and to the extent permitted by law, in case of a breach of the obligations contained in this Section 3.4, regardless of the negligence or alleged negligence of Licensor, Licensee agrees to assume liability for and to save and hold harmless Licensor from and against any and all injuries to any person, including wrongful death, and damage to property, including without limitation, property of Licensor and Licensee, and all related expenses, including without limitation attorneys' fees, investigators' fees and litigation expenses, resulting in whole or in part from Licensee's failure to comply with any Hazardous Materials Standards issued by any governmental authority concerning Hazardous Materials. Licensee, at its cost, shall assume the defense of all claims, in accordance with Section 3.15 hereof. Licensee agrees to reimburse Licensor for all costs of any kind incurred as a result of the Licensee's failure to comply with this Section 3.4, including, but not limited to, fines, penalties, clean-up and disposal costs, and legal costs incurred as a result of Licensee's handling, transporting, or disposing of Hazardous Materials on the property of Licensor. C. Inapplicability. It is understood and agreed that a Licensee who does not now, or in the future, generate, handle, transport, treat, store or dispose of on Property 3 R V P U B\P KN OX\759581.3 Hazardous Materials within the meaning of this section, is not subject to the provisions of Section 3.4(B). 3.5 Fees. A. Processing Fee. The Licensee shall pay Licensor on behalf of Edison a total amount of SIX THOUSAND DOLLARS ($6,000) on or about May _, 2009 (the "Deposit") for the total processing costs associated with the relocation of poles on assessor parcel number 430-130-040. The terms of this relocation are addressed in a separate license agreement between RCTC and Edison to be executed simultaneously with this Agreement. B. Annual Fee. The Licensee shall pay Licensor on behalf of Edison a total amount of TWENTY THOUSAND DOLLARS ($20,000.00) to cover four poles for a period of ten years from the original Payment Date. At that time, this License shall automatically terminate unless the Licensee or Edison pays the base licensee fee amounts per pole beyond this ten year period. The terms of this relocation are addressed in a separate license agreement between RCTC and Edison to be executed simultaneously with this Agreement. 3.6 Maintenance and Repair. Licensee shall, at its own cost and subject to the approval of Licensor's Executive Director or his/her designee, repair, maintain and utilize the Road so that it will not at any time be a source of danger to or interfere with the present uses of Licensor, or any other activities on the Property. Any repair and maintenance work shall be done to Licensor's standards. Licensee shall provide Licensor no less than thirty (30) days written notice and shall acquire all necessary approvals from Licensor prior to Licensee's commencement of any such repair or maintenance work. If, at any time, Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under this section, Licensor may, at its option, perform such work itself as it deems necessary for the safety and maintenance of the Road. In such event, Licensee agrees to pay, within fifteen (15) days after a bill is rendered therefor, the cost so incurred by Licensor. However, failure on the part of Licensor to perform the obligations of Licensee shall not release Licensee from liability hereunder for any loss or damage occasioned thereby. 3.7 Standards. Licensee shall comply with all statutes, ordinances, rules, regulations, orders and decisions (hereinafter referred to as "Standards"), issued by any federal, state or local governmental body or agency established thereby including without limitation, the California Public Utilities Commission or any other state or local government agency ("Agency") with the authority to regulate Licensee's use of the Road hereunder. In its use of the premises, Licensee shall at all times be in full compliance with all Standards, present or future, set by any Agency, including, but not limited to, Standards concerning air quality, water quality, noise, and Hazardous Materials. In the event Licensee fails to be in full compliance with Standards set by any Agency, Licensor may, but shall not be obligated to, after giving notice of the failure to Licensee, and if Licensee, within fifteen (15) days of such notice, fails to correct such non-compliance, take whatever action it determines in its 4 RVPU B\PKN OX\759581.3 sole discretion to be necessary to protect the Property or any other adjacent property. Licensee shall reimburse the Licensor for all costs (including but not limited to, consulting, engineering, clean-up and disposal, and legal costs) incurred by the Licensor as a result of the Licensee's failure to comply with such Standards, and also such costs incurred by the Licensor in abating a violation of such Standards, protecting against a threatened violation of such Standards, defending any claim of violation of such Standards in any proceeding before any Agency or court, and paying any fines or penalties imposed for such violations. Licensee shall, to the extent permitted by law, assume liability for and shall save and hold harmless the Licensor from any claim of a violation of the Standards regardless of the nature thereof or the Agency or person asserting such claim, which results from Licensee's use of Road, whether such claim arises in whole or in part from the negligence or alleged negligence of the Licensor or otherwise. Licensee, at its cost, shall assume the defense of all such claims as provided for in Section 3.15 hereof. 3.8 Tests and Inspections. Licensor shall have the right at any time to inspect the Road so as to monitor compliance with this Agreement. If, in Licensor's sole judgment, any installation on, or use or condition of the Road may have an adverse effect on the Property, or adjacent property (whether or not owned by Licensor) or Licensor's operations, Licensor shall be permitted to conduct any tests or assessments, including but not limited to environmental assessments, of, on or about the Road, as it determines to be necessary or useful to evaluate the condition of the Road. Licensee shall cooperate with Licensor in any tests or inspections deemed necessary by Licensor. Licensee shall pay or reimburse Licensor, as appropriate, for all reasonable costs and expenses incurred due to the tests, inspections or any necessary corrective work and inspections thereafter within thirty days of a request for payment. 3.9 Construction and Installation. A. The Road shall be installed and constructed at the Licensee's sole cost in accordance with the design plans attached hereto as Exhibit B. Any deviation from the plans shall be approved in writing by the Licensor's Executive Director or his/her designee. B. The construction of the Road shall be accomplished in such a manner so that it will not interfere with or be a source of danger to present uses of Licensor, or any other activities on the Property. Any installation method which will interfere with existing or surrounding uses on the Property shall be approved in advance by Licensor. Licensor may require that Licensor's representative be present during some or all of the installation of the Road. If Licensor's representative determines that the installation is not being accomplished in accordance with this agreement, he may, but shall not be required to, halt the work. Notwithstanding the presence of the Licensor's representative, Licensee shall, at all times, retain full liability and responsibility for all aspects of the installation. C. Licensee shall reimburse Licensor for any expense incurred by Licensor for flagmen to protect any pedestrian or automotive traffic during the installation, repair and maintenance of the Road and for any and all other expenses incurred by 5 R V P U B\P K N OX17595 81.3 Licensor on account of the Road; including, without limitation, the cost of Licensor's representatives if required under subsection A. The Licensee shall notify the Executive Director or her designee prior to construction. D. Licensee shall provide Licensor with "As Builts" or applicable plans within twenty (20) days of completion of the construction activities. E. Licensee shall not install any utilities in the Road. 3.10 Underground Storage Tanks. Licensee shall not install or use any underground storage tanks on the Road unless specifically approved in advance in writing by Licensor, which approval may be withheld in Licensor's sole discretion. At Licensor's option, upon the termination of this Agreement at any time and for any reason, Licensee shall, prior to the effective date of such termination, remove and close all underground storage tanks and related equipment and clean up and remove all Hazardous Materials in, on, under and about the Property, in accordance with the requirements of all federal, state and local environmental laws and to the satisfaction of Licensor and any governmental authorities having jurisdiction thereof, and deliver to Licensor a copy of a certificate of closure issued for such tanks by the appropriate governmental authority. 3.11 Insurance. Licensee, at its sole cost and expense, shall obtain and maintain in full force and effect insurance as required by Licensor in the amounts and coverage specified and issued by insurance companies as described on Exhibit C. Licensor reserves the right, to review and change the amount and type of insurance coverage it requires in connection with this agreement or the work to be performed on the Road. Prior to (i) entering the Property or (ii) performing any work or maintenance on the Road, Licensee shall furnish Licensor with the insurance endorsements and certificates in the form and amounts specified in Exhibit C, evidencing the existence, amounts and coverage of the insurance required to be maintained hereunder. 3.12 Subordinate Rights. This Agreement is subject and subordinate to the prior and future rights and obligations of Licensor, its successors and assigns, to use its property in the exercise of its powers and in the performance of its duties, including but not limited to those as a County transportation commission. Accordingly, there is reserved and retained unto Licensor, its successors, assigns and permittees, the right to construct, reconstruct, maintain and use existing and future improvements, facilities and appurtenances and existing and future transportation, communication, Road and other facilities and appurtenances in, upon, over, under, across and along the Property, and in connection therewith, the right to grant and convey to others, rights and interests to the Property in, on and around the Property. This Agreement is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens, claims and other matters of title (hereinafter referred to as "Title Exceptions") which may affect the Road now or hereafter, and the words "grant" or "convey" as used herein shall not be construed as a covenant against the existence of any such Title Exceptions. 3.13 Indemnity. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all losses, damages, or expenses that Licensor may sustain, incur or 6 RVPU B\PKNOX\759581.3 become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of the Road or the Licensee's use and maintenance of the Road, including, but not limited to, any such losses, damages or expenses arising out of (a) loss of or damage to Road or surrounding property, (b) injury to or death of persons, (c) mechanics' or other liens of any character, (d) taxes or assessments of any kind, or (e) interference with the use of the Property. It is the intention of the parties that Licensor's right to indemnity hereunder shall be valid and enforceable against Licensee regardless of negligence (whether active or passive) on the part of Licensor, its officers, agents and employees, unless such injury is a result of the sole negligence of the Licensor. 3.14 Assumption of Risk and Waiver. To the maximum extent allowed by law, Licensee assumes any and all risk of loss, damage or injury of any kind to any person or property, including without limitation, the Road, the Property and any other property of, or under the control or custody of, Licensee, which is on or near the Road. Licensee's assumption of risk shall include, without limitation, loss or damage caused by defects in any structure or improvement on the Property, accident or fire or other casualty on or near the Property. The term "Licensor" as used in this section shall include: (i) any party using the Road, and (ii) any other persons or companies employed, retained or engaged by Licensor. Licensee, on behalf of itself and its Personnel, as a material part of the consideration for this Agreement, hereby waives all claims and demands against Licensor for any such loss, damage or injury of Licensee and/or its Personnel. In that connection, Licensee waives, for itself and its Personnel, the benefit of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor. The provisions of this section and of Section 3.13 and Section 3.15 shall survive the termination of this Agreement. As used in this section, "Personnel" means the Licensee, or its officers, directors, affiliates, or anyone directly or indirectly employed by Licensee or for whose acts Licensee is liable. 3.15 Defense. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit, administrative action or other proceeding brought against Licensor by any public body, individual, partnership, corporation, or other legal entity, relating to any matter covered by this Agreement for which Licensee has an obligation to assume liability for and/or to indemnify or save and hold harmless the Licensor. Licensee shall pay all the costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation expenses, settlement payments, and amounts paid in satisfaction of judgments. Any and all lawsuits or administrative actions brought or threatened on any theory of relief available at law, in equity or under the rules of any administrative agency shall be covered by this section, including, but not limited to, the theories of intentional misconduct, negligence, breach of statute or ordinance, or upon any theory created by statute or ordinance, state or federal. 7 RVP U B\PK NOX1759581.3 3.16 Attorneys' Fees. In any judicial or arbitration proceeding involving performance under this Agreement, or default or breach thereof, the prevailing party shall be entitled to its reasonable attorney's fees and costs. 3.17 Successors and Assigns. All the covenants and provisions of this Agreement shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the Licensor and Licensee to the same extent and effect as the same are binding upon and insure to the benefit of the parties hereto. 3.18 Survival of Obligations. All obligations of Licensee hereunder not fully performed as of the termination or cessation of this Agreement in any manner shall survive the termination of this Agreement. 3.19 Assignment. This Agreement and the license granted herein are personal to the Licensee. Licensee shall not assign or transfer (whether voluntary or involuntary) this Agreement in whole or in part, or permit any other person or entity to use the rights or privileges hereby conveyed, without the prior written consent of Licensor, which may be withheld in Licensor's sole and absolute discretion. Any attempted act in violation of this section shall be void and without effect and give Licensor the right to immediately terminate this Agreement. 3.20 Waiver of Covenants or Conditions. The waiver by Licensor of the performance of any covenant or condition under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by it of any other covenant or condition under this Agreement. 3.21 Amendment. This Agreement may be amended at any time by the written agreement of Licensor and Licensee. All amendments to this Agreement shall be binding upon the parties despite any lack of legal consideration, so long as the same shall be in writing and executed by the parties hereto. 3.22 Revocation. If, at any time, Licensee shall fail or refuse to comply with or carry out any of the covenants herein contained, Licensor may, at its election, immediately revoke and terminate this Agreement unless a longer notice period is specifically provided for elsewhere in this Agreement. 3.23 Abandonment. Should Licensee at anytime abandon the use of the Road, or any part thereof, or fail at any time for a continuous period of six (6) months to use the same for the purposes contemplated by this Agreement, then the Licensor may terminate this Agreement to the extent of the portion so abandoned or discontinued. In addition to any other rights or remedies, Licensor shall immediately be entitled to exclusive possession and ownership of the portion so abandoned or discontinued, without the encumbrance of this Agreement. 3.24 Eviction, Abandonment or Sale. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on which the Road is located, or the sale or abandonment by Licensor of said premises, Licensor shall not be liable to Licensee for 8 RVPU B\PKNOX\759581.3 any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 3.25 Condemnation. In the event all or any portion of the Property shall be taken or condemned for public use (including conveyance by deed in lieu of or in settlement of condemnation proceedings), Licensee shall receive compensation (if any) only for the taking and damage to the Road. Any other commission or damages arising out of such taking or condemnation awarded to Licensee are hereby assigned by Licensee to Licensor. 3.26 Revocable Licenses and Termination. Licensee agrees that notwithstanding the installation of the Road, or other sums expended by Licensee in furtherance of this Agreement, the license granted herein is revocable and may be terminated by Licensor in accordance with the terms of this Agreement. 3.27 Restoration of Property, Claims for Costs. Upon the termination, revocation of cessation of this Agreement in any manner provided in this Agreement, Licensee, upon demand of Licensor and at Licensee's own cost and expense, shall abandon the use of the Road and remove it and restore the Property to the same condition in which they were prior to the placing of the Road thereunder, reasonable wear and tear excepted. In no event shall Licensee have any claim against the Licensor for any of the costs of constructing, maintaining or removing the Road. In case Licensee shall fail to restore Property as aforesaid within ten (10) days after the effective date of termination, Licensor may proceed with such work at the expense of Licensee or may assume title and ownership of the Road and any other property of Licensee located on Property. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the Road is removed and the Property is restored as provided above. 3.28 Notice. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served on the date it is deposited in the United States Mail, postage prepaid, addressed to City Manager, City of San Jacinto, 595 S. San Jacinto Ave, San Jacinto, CA 92581. Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served on the date it is deposited in the United States Mail, postage prepaid, addressed to Executive Director, Riverside County Transportation Commission, Riverside County Regional Complex, 4080 Lemon Street, Third Floor, Riverside, CA 92502-2208. Either Licensor or Licensee may change its address for the receipt of notice by giving written notice thereof to the other party of such change. 3.29 Interest on Past -due Obligations. Except as expressly herein provided, any amount due to Licensor which is not paid when due shall bear interest, from the date due, at the rate of ten percent (10%) per annum. Such interest will be due Licensor as it accrues. Payment of such interest shall not excuse or cure any default by Licensee under this Agreement, provided, however, that interest shall not be payable on late charges incurred by Licensee. 9 RV P U B\P K N OX1759581.3 3.30 Joint and Several. In the event that two or more parties execute this Agreement as Licensee, all the covenants and agreements of Licensee in this Agreement shall be the joint and several covenants and agreements of such parties. 3.31 Nondiscrimination. Licensee certifies and agrees that all persons employed thereby and/or the affiliates, subsidiaries, or holding companies thereof and any contractors retained thereby with respect to the Road are and shall be treated equally without regard to or because of race, religion, ancestry, national origin, or sex, and in compliance with all federal and state laws prohibiting discrimination in employment, including but not limited to the Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; and the California Fair Employment Practices Act. 3.32 Taxes. Licensee shall be liable for and agrees to pay promptly and prior to delinquency, any tax or assessment, including but not limited to any possessory interest tax, levied by any governmental authority: (a) against the Road and/or any personal property, fixtures or equipment of Licensee used in connection therewith or (b) as a result of the Road's use. 3.33 Liens. Licensee shall not permit to be placed against the Property, or any part thereof, any design professionals', mechanics', materialmen's, contractors' or subcontractors' liens with regard to Licensee's actions upon the Property. The Licensee agrees to hold the Licensor harmless for any loss or expense, including reasonable attorneys' fees and costs, arising from any such liens which might be filed against the Property. 3.34 Further Acts. Licensee agrees to perform any further acts and to execute and deliver in recordable form any documents which may be reasonably necessary to carry out the provisions of this Agreement, including, at Licensor's sole discretion, the relocation of the Road and the license granted by this Agreement. 3.35 Non -Exclusive License. The license granted by this Agreement is not exclusive and Licensor specifically reserves the right to grant other licenses within the vicinity of the Road. 3.36 Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions, or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 3.37 Captions. The Captions included in this Agreement are for convenience only and in no way define, limit, or otherwise describe the scope or intent of this Agreement or any provision hereof, or in any way affect the interpretation of this Agreement. 3.38 Time of Essence. Time is of the essence in this Agreement. 10 R V P U B\P KN OX\759581.3 3.39 No Recording. Licensee shall not record or permit to be recorded in the official records of the county where the Road is located any memorandum of this Agreement or any other document giving notice of the existence of this Agreement or the license granted hereby. 3.40 Entire Agreement. This Agreement and the Exhibits hereto constitute the entire agreement between the Licensor and Licensee with respect to the subject matter hereof and supersede all prior verbal or written agreements and understandings between the parties with respect to the items set forth herein. 3.41 Governing Law. This Agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate the day and year first above written. RIVERSIDE COUNTY CITY OF SAN JACINTO TRANSPORTATION COMMISSION By: By: Anne Mayer, Executive Director Barry McClellan, City Manager 11 RV PUB\P KN OX1759581.3 EXHIBITS A 1 — A 3 LEGAL DESCRIPTIONS AND DEPICTIONS OF REQUESTED RIGHTS OF WAY Al: APN 430-130-034 A2: APN 430-130-040 A3: APN 430-130-076 Exhibit A RVPU 8\PKNOX\759581.3 EXHIBIT " LEGAL DESCRIPTION ADDITIONAL RIGHT-OF-WAY ( SANDERSON AVENUE ) APN 430-130-034 IN THE CITY OF SAN JACINTO , COUNTY OF RIVERSIDE , STATE OF CALIFORNIA BEING A PARCEL OF LAND FOR RIGHT-OF-WAY OVER A PORTION OF FARM LOT 3 OF THE LANDS OF THE SAN JACLNTO LAND ASSOCIATION AS SHOWN BY MAP ON FILE IN BOOK 8 OF MAPS AT PAGE 357 SAN DIEGO COUNTY RECORDS , SAID LAND IS SITUATED IN SEC1ION 17 , TOWNSHIP 4 SOUTH , RANGE 1 WEST, SAN BERNARDINO MERIDIAN AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF RAMONA BOULEVARD WITH THE EASTERLY RIGHT-OF-WAY LINE OF SANDERSON AVENUE AT A POINT THAT IS 50.00 EAST AND 40.00 FEET SOUTH OF THE CENTERLINE OF SAID SANDERSON ANVENUE AND RAMONA BOULEVARD ; THENCE SOUTH 44°55'26" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID RAMONA BOULEVARD , 779.81 FEET TO A POINT ON THE NORTHERLY LINE OF METROPOLITAN WATER DISTRICTS COLORADO RIVER AQUEDUCT PARCEL; THENCE NORTH 85°50'03" WEST ALONG SAID NORTHERLY LINE , 15.27 FEET ; THENCE NORTEI 44°55'26" EAST ALONG A LINE THAT IS 50.00 SOUTHWES'I'hRLY OF AND PARALLEL WITH THE CENTERLINE OF SAID RAMONA BOULEVARD , 722.30 FEET THENCE SOUTH 68°54'58" WEST , 25.15 FEET TO A POINT THAT IS 73.00 FEET EASTERLY OF THE CENTERLINE OF SAID SANDERSON AVENUE AND THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHWESTERLY , HAVING A RADIUS OF 1573.00 FEET , A RADIAL LINE TO SAID POINT BEARS SOUTH 63°17'03" EAST ; THENCE SOUTHERLY AND WESTERLY ALONG A LINE THAT IS 73.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID SANDERSON AVENUE AND ALONG SAID CURVE , THROUGH A CENTRAL ANGLE OF 11°03'46" , AN ARC DISTANCE OF 303.72 FEET TO A POINT OF TANGENT THAT IS THAT IS 73.00 FEET SOUTHEASTERLY OF THE CENTERLINE OF SAID SANDERSON AVENUE; THENCE SOUTH 37°46'43" WEST, 233.84 FEET TO A POINT ON THE NORTHERLY LINE OF SAID METROPOLITAN WATER DISTRICTS COLORADO RIVER AQUEDUCT PARCEL; THENCE NORTH 85°50'03" WEST ALONG SAID NORTHERLY LINE , 27.62 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID SANDERSON AVENUE; THENCE NORTH 37°46'43" EAST ALONG SAID RIGHT-OF-WAY LINE 249.13 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY , HAVING A RADIUS OF 1550.00 FE1s1; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY LINE AND A CURVE TO THE LEFT , THROUGH A CENTRAL ANGLE OF 12°38' 16" , AN ARC DISTANCE OF 341.88 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN RAMONA BOULEVARD AND SANDERSON AVENUE. CONTAINING A COMPUTED AREA OF 21,064 SQUARE FEET OR 0.484 ACRES, MORE OR LESS. Marvin L Lancaster, LS 6054 for and on behalf of LANCASTER CON TRACT SURVEY CO. MARCH 27 , 2008 EXHIBIT "Al" IN THE CITY OF SAN JACINTO , COUNTY OF RIVERSIDE , STATE OF CALIFORNIA BEING A PORTION OF FARM LOT 2 AND FARM LOT 4 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION AS SHOWN BY MAP ON FILE IN BOOK 8 OF MAPS AT PAGE 357 , RECORDS OF SAN DIEGO COUNTY , CALIFORNIA. AP 4 430-130-051 \o I N N 03„ AP ' 430-130-076 CURVE TABLE /lTIS.. t3G ! 43-4 AP # 430-130-040 \\N 2 AP # 430-130-034 COLORADO R1VER AQUEDUCT NLIMEER ; Delta. R L ' C1 12°38'16" 1550,00 341,88 C2 i11°03'46" 1573,00 303.72 LINE TABLE NUMBER ffi RECTI❑N DISTANCE Li N 85°50'03" W 15.27' L? IS 68°54'58" W 25.15' L3 IN 85°50'03" W 27.62' SECTION 17 , T.4 S, , R. I W. , S,B.B.M, SCALE l'' = 200' EXHIBIT "A2" :FGAL DESCRIPTION ADDITIONAL RIGHT-OF-WAY (SANDERSON AVENUE) APN 430-130-040 IN THE CITY OF SAN JACINTO , COUNTY OF RIVERSIDE , STATE OF CALIFORNIA BEING A PARCEL OF LAND FOR RIGHT-OF-WAY OVER A PORTION OF FARM LOTS 2 AND 4 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION AS SHOWN BY MAP ON FILE IN BOOK 8 OF MAPS AT PAGE 357 SAN DIEGO COUNTY RECORDS , SAID LAND IS SITUATED IN SECTION 17 , TOWNSHIP 4 SOUTH ; RANGE 1 WEST, SAN BERNARDINO MERIDIAN AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF THE RAMONA EXPRESSWAY WITH THE EASTERLY RIGHT-OF-WAY LINE OF SANDERSON AVENUE AT THE NORTHWEST CORNER OF A RECORD OF SURVEY AS SHOWN BY MAP ON FILE IN BOOK 80 OF RECORDS OF SURVEY AT PAGES 43 AND 44 IN THE RECORDS OF SAID COUNTY , SAID POINT ALSO BEING THE BEGINNING OF A NON -TANGENT CURVE , CONCAVE SOUTHWESTERLY , HAVING A RADIUS OF 2929.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 07°28'52" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND THE SOUTHERLY LINE OF SAID RAMONA EXPRESSWAY , THROUGH A CENTRAL ANGLE OF 01°30'01" , AN ARC DISTANCE OF 76.69 _FEET; THENCE SOUTH 38°1444" WEST, 42.50 FEET TO A POINT THAT IS 100.00 FEET EAST OF THE CENTERLINE OF SAID SANDERSON AVENTJE; THENCE SOUTH 00°31'37" WEST , 181.58 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY , HAVING A RADIUS OF 1600.00 FEET, THENCE SOUTHERLY AND WESTERLY ALONG SAID CURVE , THROUGH A CENTRAL ANGLE OF 21°48'32" , AN ARC DISTANCE OF 609.02 FEET TO A POINT THAT IS 100.00 FEET EAST OF THE CENTERLINE OF SAID SANDERSON AVENUE AND A POINT THAT IS 50.00 NORTH EASTERLY OF THE CENTERLINE OF RAMONA BOULEVARD ; THENCE SOUTH 44°5526" EAST ALONG A LINE THAT IS 50.00 NORTHEASTERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID RAMONA BOULEVARD, 295.43 FEET TO A POINT ON THE, EASTERLY LINE OF SAID RECORD OF SURVEY ; THENCE SOUTH 45°04'34" WEST ALONG SAID EASTERLY LINE , 6.00 FEET TO A porm. ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID RAMONA BOULEVARD; THENCE NORTH 44°55'26" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE 131.98 FEET; THENCE SOUTH 45°04'34" WEST ALONG SAID EASTERLY LINE, 4.00 PEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID RAMONA BOULEVARD THAT IS 40.00 FEET NORTHEASTERLY OF THE CENTERLINE; THENCE NORTH 44°55'26" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE 213.51 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SANDERSON AVENUE AT THE BEGINNING OF A NON -TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 1550.00 FEET , A RADIAL LINE TO SAID POLNT BEARS NORTH 68°02'18" EAST ; PAGE 1 OF 2 EXHIBIT "A2" LEGAL DESCRIPTION APN 430-130-040 PAGE — 2 - ( CONTINUED ) THENCE NORTHERLY ALONG _SAID RIGHT-OF-WAY LINE AND A CURVE TO THE LEFT , THROUGH A CENTRAL ANGLE OF 21°26'05" , AN ARC DISTANCE OF 579.86 FEET; THENCE NORTH 00°31'3T' EAST ALONG SAID RIGHT-OF-WAY LINE , 225.4R FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS LYING WTTH1N RAMONA BOULEVARD , SANDERSON AVENUE AND THE RAMONA EXPRESSWAY. CONTAINING A COMPUTED AREA OF 43,999.3 SQUARE FEET OR 1.01 ACRES. MORE OR LESS. n L Lancaster, LS 6059 for and on behalf of LANCASTER CONTRACT SURVEY CO. APRIL 08 , 2008 EXHIBIT "A2" IN THE CITY OF SAN JACINTH , COUNTY OF RIVERSIDE , STATE OF CALIFORNIA BEING A PORTION OF FARM LOT 2 AND FARM LOT 4 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION AS SHOWN BY MAP ON FILE 1N BOOK 6 OE MAPS AT PAGE 3E7 , RECORDS OF SAN DIEGO COUNTY , CALIFORNIA. RAmolvA es_ SCALE SCALE _ 1 ° R 00, R.S. 80 / 43--44 �. AP # 430-130-040 50' ADDITIONAL R.D.W. CURVE TABLE NUMBER Delta R ' L ' CI 01'30'01" 2929.00 76.69 C2 21'48'32" 1600.00 609.02 C3 21'26'05" 1550.00 579.96 LINE TABLE NUMBER DIRECTION DISTANCE L1 S 38'14'44" \.ki 42.50' L2 S 45'04'34" W 6,00' L3 S 45'04'34" W 4,00' SECTIHIN 17 , T,4 S, , R. I W. , S,B.B,'1, AP""' " APRIL ?OOB LANCASIER , LS 6054 EXHIBIT "A3" LEGAL DESCRIPTION ADDITIONAL RIGHT -0E-WAY ( SANDERSON AVENUE ) APN 430-130-076 IN THE CITY OF SAN JACINTO , COUNTY OF RIVERSIDE , STATE OF CALIFORNIA BEING A PARCEL OF LAND FOR RIGHT-OF-WAY OVER A PORTION OF FARM 1.,OTS 1 AND 3 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION AS SHOWN BY MAP ON FILE IN BOOK 8 OF MAPS AT PAGE 357 SAN DTFGO COUNTY RECORDS , SAID LAND IS SITUATED IN SECTION 17 , TOWNSHIP 4 SOUTH , RANGE 1 WEST, SAN BERNARDLNO MERIDIAN AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF RAMONA BOULEVARD WITH THE WESTERLY RIGHT-OF-WAY LINE OF SANDERSON AVENUE AT A POINT THAT IS 50.00 WEST AND 40.00 FEET SOUTH OF THE CENTERLINE OF SAID SANDERSON AVENUE AND RAMONA BOULEVARD , SAID POINT ALSO BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY , HAVING A RADIUS OF 1450.00 FEET , A RADLAL LINE TO SAID POINT BEARS SOUTH 66°17'56" EAST; THENCE SOUTHWESTERLY ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SANDERSON AVENUE AND SAID CURVE TO THE RIGHT , THROUGH A CENTRAL ANGLE OF 14°04'39" , AN ARC DISTANCE OF 356.27 1'EET TO A POINT OF TANGENT ; THENCE SOUTH 37°46'43" WEST, 315.60 FEET TO A POINT ON THE NORTHERLY LINE OF THE METROPOLITAN WATER DISTRICTS COLORADO RIVER AQUEDUCT PARCEL; THENCE NORTH 85°50'03" WEST ALONG SAID NORTHERLY LINE , 27.62 FEET TO A POINT THAT IS 73.00 FEET WESTERLY OF THE CENTERLINE OF SAID SANDERSON AVENUE ; THENCE NORTH 37'46'43" EAST ALONG A LINE THAT IS 73.00 FEET WESTERLY OF AND PARALLEL WITH SAID CENTERLINE LINE , 330.89 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY , HAVING A RADIUS OF 1427.00 FEET; THENCE NORTHERLY ALONG SAID CURVE TO THE LEI' 1 , THROUGH A CENTRAL ANGLE OF 14°26'22" , AN ARC DISTANCE OF 359.63 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF RAMONA BOULEVARD; THENCE SOUTH 44°55'26" EAST ALONG SAID RIGHT-OF-WAY LINE 24.73 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN RAMONA BOULEVARD AND SANDERSON AVENUE CONTAINING A COMPUTED AREA OF 15,667 SQUARE FEET OR 0.360 ACRES, MORE OR LESS. Marvin 1_ Lancaster, LS 6054 for and on behalf of LANCASTER CONTRACT SURVEY CO. MARCH 27 , 2008 EXHIBIT "A3" IN THE CITY OF SAN JACINTO , COUNTY OF RIVENM E , STATE OF CALIFORNIA BEING A PORTION OF FARM LOT 1 AND FARM LOT 3 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION AS SHOWN BY MAP ON FILE IN BOOK 8 OF MAPS AT PAGE 357 , RECORDS OF SAN DIEGO COUNTY , CALIFORNIA, AP # 430-130-051 .� LP 167,/ • /N 66'17'56' A? # 430-130 -076 f 23' ADDITIONAL /4 R.O.W./ Q`' CURVE TABLE R ) SCALE = _00 FLS, 80 / 43-44 / AP # 430-130-040 / N AP # 430-130-034 COLORADO RIVER AQUEDUCT NUMBER Delta P ' L ' C 14'26'22" 1427.00 359,63 C,2 14°04'39" 1450.00 356,27 LINE TABLE NU MP ER DIRECTION DISTANCE L1 S 44°55'26" E 24.73' L2 N 85°50'03" W 27.62' SECTION 17 , T.4 S. , R. i W. , S.B.B,M, 7/7c.J EXP. 6-30-09 Nc. 5054 a v A APRIL 2008 EXHIBIT B DESIGN PLANS Exhibit B R V PU B\PKNOX\759581.3 :3CIIO SYWO{u a a u 0" '11 Ili ;Ai r t 9 !l T a y 10 gi N 0 il ®®®®®O®®®O®®®®00 0 0 000 00 I HOP INWOHNIPPliti" ,1, q 1 il : ii 111! 11 id Ihitril 1 i illiR ci N R 1 a .4 � a p NOLL01181SN00 n offslai wai< DO z rn"1 D Z G Cam m D `c Ck ,:%, m mem NGwool rn� Z6 2" 0 GI mho, "° r o -11 m 0 z D PEST P/N P50. S RIET/ro1s7Ruc1WN 46' PANPIPE RON 13' LARTIOCATE SETBACK R' 73' rl 5 55' CF. 0' 12' 2' 74. I4. 12' 12' 70' 75. 5. tt 55 „.„„„ -- ,...,..,.....___ - ,,..„.,..,...,.,,,___,,___...„:„....____ t.. __„...,..„,_,_.N..„..„ ..,,, SANDERSON AVENUE PROPOSED TYPICAL. SECTION A -A N.T.S. PREPO4L Im1T_6-Nrr PpGft16 MORIN NY f1101 CA (OPORT FNOI STA 101d1 A 51/. Mf% NOM 0 0f/ 0- TO TETI 5 PRPO#8 POT CON TA 9S) CONSTRUCTION NOTES: © CONSTRUCT 63' AC P44ENENT MCP ILO' R N RASE O WOE 'AMCOR PER M. SEOIp! NE SOBS k90170 CRT MPLATOT Po EC FLUSH PM CE. OV4RNOTE 947LEM NU SLOPE 21 OR FLATTEN AS ON&YUFD). DIG ALERT ONL TOLL FREE' 1-800-227-2600 45 I(NT m ws NSW 100 grAACLR 041E (71P./ LEO- R Oa.) SANDERSON AVENUE PROPOSED ULTIMATE CROSS SECTION (WIDTH=146 LANOSCME SEi9AIX 25' N.T.S. SIR40Y,t 61MCAO0 30' 21' E.P. 2% Cr LY10Y5 E EAS[NE41 50' 43' P/L 25' C F. }3' 12' ---1 ------------------------ 12 I 11I'� I 12 }6{ EXISTING IMPROVEMENTS SANDERSON AVENUE PROPOSED TYPICAL. SECTION B-B (NO NEW PAVEMENT) FROM STA#43404 TO STA. 524-00 14' EAST POYAMA 00 RIMS' .gent Savu7W 9NINRN 01+AUTcu BY.' T.N.R.&O 0. G1_w SY.'. SA.O. 6R' 12' Tr0.MT OFT %RI UPE r 6' t26' "EXISTING PAVEMENT (2' 34. SANDERSON AVENUE PROPOSED TYPICAL SECTION C-C (WIDT11=681} FROM STA 68*00 TO STA 181+00 kk � N.T.S. M O5T WEN% ai51p1i[sr ff G� 112a93 WERE AVE 5 O OPACION 1O M OSE L REPLACE EASING P4g0T P E E SHORN ON PARRS A°WL 7541E COY alEC4ia 00 TNR. APPROVED Or: 12' SATE ROE N0. 35163 EAT. 047E PREPARED Br• SATE" RCE NO 49604 ET.P. PATE 9-30-08 E P. 4' 4 N.T.S. CLMGC4S STINK P�YMNE.AS NEMO ON 07457NUCT OP sole-QR I.0' /NON mac V. co AS 9ON1 TO RESb1E NO OmOSE amp AC. N coma NUN PPUMT(p PONT OPT). Gam TA' A'o amp z0: mac W& 4008 G10E. TN LAKE l.l..l 170 kmuaRsow AK7v1E WOE 0 CONSULTANTS, INC Pox,E7 . 9LE70 951-943-6501 GTr PIONEER 041E REAr266] BENCHMARK CRS BON w IC tar CURS RETURN AT INR.ff CR0N OF SANOCR.RW AIC t RARCNA EAARE55WAr EZEWANQ* ,442.746, CITY OF SANJACINTO SANDERSON AVE. STREET IMPROVEMENT PLANS STEET NO. 2 OF 17 WETS FILE /.0 / cTTroFsay.4aw7o 11"- sfmz iffi" ill! 1E O®00 0®00 00 o 2 tit MATCHLINE STA. 183+00 SEE SHEET 8 MATCHLINE STA. 185+50 SEE SHEET 10 MATCHLINE STA. 175+75 SEE ABOVE RIGHT 3 a a / BicoE 'e / .GASSg4)-rO r>p CONSTRUCTION NOTES: © LVSSIN.C! 6J' AC TvwmENr OVER Ice a I not 0 OCNE arvlttR RR An =OM NO AYS Ripon OW 940L5500 RI r xt91 xrn EP. ONYUOM HI MOPE OVAL 1:l 07 TUTTED (N665 OH¢R95E NOTW). OJ varc TO PPYN 51II+xc 5O95R0 AS NEEMO) OR GOICIRUCT ACY R0 091145 SNOW ON Ar6 OK =NW= 70 a(M.14 wr %5 IILMh'01 (C. Amoc MOO.roOC. ®,ter 084ANr- r �cr r .55 NOr rm.A "Omuzmccr A7i+Rr awoa2' ar rot "IY. ca 30. ma 212. 0%NW MM 94 ER. fir / MUM IVRC MD 9r MDEDITAT DIG ALERT DHL TOLL fREE 1-817-227-26W "� 1a a Paaxcr t D44w1 _ _ _1-, • i SANDERSON AVE. LEGEND: NEW PAVEMENT �.i{ MUD 10. AND SNOUT 2.0' k1}� REMOVE MVO REPLACE AY 15' OVERT — EMT. 4 PROPOSED PROJECT R/W --. EAST. R/W (TO RE A001FlE0) 0L111N1E R/W I„„ Mrs 9Y AWN UNIOCRl1SV9 ]rare anrr or 9.VO011 =AVOW OESENED 9Y.' r.H.R.. 0.0.0. RENSIOAS DRAWN 9r 0.0.0. LRY SEAL APPROVED HT: DATE P:"N0. 431.-130-_052 AP, NU. 431-I30-040 RCA: All 15r63 EXP. MIE 9-30-07 DATE a MAMIEIE RA I; RAMONA EXPRESSWAY pr RAMONA EXPRESSWAY 8 mew N0 WPM ERS80 AG H mew ow IM1°JSW 9CY.r DNP.A r1 opsNocr Y040E CAS 0 &C armor Tom A�m3RRly7-,Ra,�n 710 JT 0145,90 E� PJt6 l r7.VPl'av A/ IGSl r iwol 415 Co. 0 ow LW NO !sour 2.E Dam sow rxx carom. 1" MAEOWING OT O9AEx4r ro 9LN le,MEL(A JMtW& tlAmm5 is emODATAITE s r• M G }rm c4R1NssmzuM7RrwR s1a41r roolcmc Iota (9r omoo,1 cotoncr cc" MMAr. Ir 7J1 LADE 179 1.5.5EMONO AHNUE SUITECONSULTANTS, INC. PERRIS CA 92570 951-94J-6504 CITY ETV CANED? ROE NO "OM EXP. DAZE, 9-JO-00 DATC MAYMOT BENCHMARK CITY OFSANJACNNTO SANDERSON AVE STREET ► IDENING SmEET MO. 10 00 17 51E0IS J91 NO. ..AM 0207 III I J 1 l l TT Rbl A t s. $' o 0,1 0N� o� mug y N Y NE! gQP A s g� o s men �><� PEA- h4 ;g€il 19`WI Ph; III m 0 q. v.:.;® I III gOR PAA1146i2 ;A 'V A" N z 0 0 0 0 01 N DU CD gC ma rn ® —A -m>`o � O alp m< co mz pD () = Z 1 (0 o 0000000000O0 00000 Pi OW: P 6 Psi g a i :a 0 ewa 11/07/07 8:17am — P:\C\CSJX00000003\O400CADVC\CHKDRD\AAP\CCCV0ICSJX00D0002.dwq SOUTH R/11 ME PPt 4'-10.T 15 EMT VAR 50'-61' 195'-255 v —o WR. n'-175' 1 1 VAR. 13'-195' ASS OF PITEN at SVRSRPPI qF STA. 144-105 TO STA. A14400 NW TO WALE DEL22 50. A21•01 TO STA AT/WU MOTTO SLOE TY VAR 4'-56S Wow mod won AL raw Kt A ea. 41'-71'l Underground Service Alert YCIION 421 4217 OF WE CENEWLE7A WOE A 00 ALERT EENNTEICATuX WAIVER OE ISSUED WOK A PERIM 10 EVCAAATE 'ALL DE MOW TOM EC WM LA NUIEER CPU U 4001CR3OIA 5004E A020 1-800 227-2600 SR J . 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AL 1RAFT1 DONAL ma AND MAIERA SHAG CD00RM TO TIE STANDARD MAAS AO DACEICATC S UGLIEST DOOR) DF 71E 0*110*A DEPARNENI OE RRMSPOR1A1014 ND 1E SPECIAL IMEASI 3 a 11F5 MELT. 2. DUCT ECOMPENT AND DEIECDR LL(P LOCATORS SHALL BE APPROVED BY T(IE TRAFFIC PILAW OR MS REPRESENTATIVE EMIR TO NSTALA19R BT AC CONTRACTOR S ALL P21 BM:5 SMALL PE NO 6 TROPE PULL B26 IAA 151 NOR 017EX515E IEREOIL A AL SOUL HEADS AND BAC PLA1FS SHALL BE METAL AU LAM SHAH BE 1£D, 0012013I' 1E PEI VOCATIONS. (SEE amva PIOAsoNS FOR DETARS), LEFT TAR HENS SAL HAVE RED, M.1ON, NO COD/ 1E2 MOORS NL 1Ul0L IASN,A1045 511ALL PC 17 A20 SHALL HAVE FULL PROF V50R' PEDESTRIAN WOOS SNAG BE N1ERNA1DNA 50ADOL TYPE T. 5. 4T SING ESE 1FE RESKATIA172 O' ME COORACIOR 10 VERVE THE 005100E AA) E0410* OF ALL LNOEAOOUHD UMAJ105. PUBIC C FMVAIE, AO TO PR01EC1 AEY Mai G.ASCE 111E L011RA11OR SHALL BEM MADE TOTAL EAPERSE OF REPO CR REPIAFFNEHI a ANY IIDFRGORD MOOTED OAMAO4 BY HEM OMMAIOIE 6. U5E56 SON! 0111.1i1.1., ALL NN1C115E LOOPS MAU. BE E-1100440 (4 1UM6 O' THE 2 AWE, SEALED 1011 HOT RUSER (SAOR) 5111 iH PAC2G N THE MICRO Cr TRAVEL 11mrt5SAY SrAPNG 94AI1. BE LOGR PROT TO PO'i11O42NG 0EIECTOR LOOP. 7. 4Z CAMAS SIAFDAD PANS ES-1A AND ES-M DM OYVBOI. ND ABP1010111 WOO 6. PLOWMAN PUSH AURNS SMALL BC AIM l+raa"1 AR, mum bl bl THE SCE OF 431141 STANDAD WA2EST ID MALE CROSSAALL 9. ALL MAST A0N MANURES SHALL HALE 120 RCA; SOIL NA1ERPk00F MECUM OUTLET AD SHALL BE NSTANED 014 TIE STOWS 12 NOES ARM THE SGNA ARM G2 RE MAST ARM S0E OF DE POLE 10 DE =ARCM SHALL WRAC( SCUBEPR CALIFEMO EOIXN 50. FRAM AAS O AT (909) 202-4274 CAE REM PRIOR TO ME StMT DF C01151ROC191 ARO DIXNG 13 (GGR0MAIE AMU AA ELECTRICAL SOME REC REMEN1S Underground Service Alert DERON 4216 4217 Cr HIE W*TR114104T WOE A 250 ALER1 DENRF5G11UI BE SACO BEFORE A PUNT 10 EXONM.IE 511E BE MD fOi 101A1 ND A1ERT LA M110ER CALL UNOEROI0RD SERVICE Alin 1-800 227-2600 EX 19' C. 2/6/ (Fus1Y,ND MELON) NSTA11 1.5' C, 2-OLC., 2/6 (FIASIMG BEACON) M41ALL 1.5" C 3-2RC., 216/PASRRC BEACCH) SPECIAL BOLT ��WiCJ1 DETECTOR SET 5(RENS PAL t TAP 5/0 110LE 01 NAST MY MAST ARM STRAP/CLAMP E,P DETECTOR MOUNTING DETAIL RAMONA EXPWY NSTALL 15' C.. 216/ (MASAO BEACON) INSTALL 13" C., -OIL/ 2j6(fLASHOO BEACON) *IST/LL 15' C., 3-/1C/ / `INSTALL 19' C. 4-MC 2169F45HING DEACON) 2E6 (MASAO BEACON) INSTALL 1.5' C. 4-DAL, 216/F1A9MNC TEACCN) Y R 9'NO T 01,05. O Ka 5000L 04 d61m a'INC 800, SIGNAL STANDARD PI ACENENT DRAB PER C•131026 5112 PUN RS-4C SIGNAL PHASE DIAGRAM 01 10".... J45 7- J05 T fP� t- �3 EVA • 2+05 150 • A4+F7 EV0 • 01044 EN) • 0h05 n 1 THIS PLAN ACCURATE FOR ELECTRICAL ONLY PP 11.4259036E SERALE. SANDERSON AVE./HWY. 9 / SANDERSON AVE POE DATA SIGNAL, A ILMNA5E ALAI 11001415 IR/SN IXrtTOR P1ACE11ON1 MA 11(1 10(1 W. +PS lU. KK Pm. 0 OMB 'A' 'B' Q 29-5-100 30 Sf 12' 230 2-1(0S A'-1-T SP-1-2 A '—'- 25' C' WREN 0A' AVE Q 1-A 10 - - - - TV-2-1 5P-1-7 5 —M.- 21 3' © 29-5-100 30' 5' 12' 250 2 ALAS SV-1-7 SP-1-T 6 ._.- 20' 3' R M A EMI 0 1-A 16 - - - - lV-2-T S'-1-7 6 —► 9' ]' OE e1-5-100 >O 0O' '2' 250 2-ALM 5'I-1-T 5D-1-1 6 +— >l' 7' SANDERSON AK OF 1-A 10' - - - - Sv-2-1 SP-1-1 2 --1.---1.- 22' S ^ V 61-5-Icy 30' 65' 12' 2•n 2 ANS 51I-1-T SP-1-1 2 - — 20' 3' RAMONA ESPY OH 1-A ID' - - - - S'-2-1 ST-1-1 4 -44. 1r >' Ml CWPKNT DING 50 NEW. 3/S1AL 2' C. 3/I1)(MEETY 1CH11N0) 2/12(ISNS) L2� ALL 2' C.. >16 (S[RVCE) 0 A B25TA1 19' C., 0-UGC `, 2/6 (FVS1NG L 1.5' C. 4-OIL., 2/6 (FLASHING BEACON) INSTALL 1.5' C, 3-OLD, 256 �(F1.A1SHMG wool WA./VIAS7ERS -pL MALON) INSTALL 13' C.,2j6 (FLASHNO BEACON) CONSTRUCTION NOTES 537A1 IE1 312 COMET COLPIEIE AM TYRE 2070 FOR LOLL WHIR005R t NS1ALL AUXUARY MARI NI Al =LAM W OPERATE 111AF1C 11111:25LCTGN AS SOON NCDA513 BATTERY TACK -VP MT01. © RAVEN AND METALL 123/240 VOLT DUAL NERR 11PC RACE MOTE ENU3 OA C SIN ME ENI01TO 120 WIT CIRCUIT BREAKERS 50 A 123E M) CB. FOt TRAFFIC SOUL 15 A 120V, P, CB, FOR NIERN!¢Y WNNAR STREET NAME 9O1 (OA 30 A NOV M. CB, FOt SAFETY 202117ING O MOVE 00 SALVAGE O>ST21G TRAFFIC SOMA EQIPMDIT 10 S1AT YAM, REYME FOAM.IW COPAETELT. 0 PO ORE MO SALONS E03-2310 TRAFFIC SIMOAD OO EIXRPMENf. CPORACI01 10 5001(R 10 S1A1E YMO, REIK O IMADA11014 CCUPEALT ND BAR FPA 10 95T CCNPALIIOL AS PREMED BY 11E STALE MAMA 0305*5 AND INSTALL SIMIN. NAST ANN 9611 PER CATRANS 511) RAN ES-714. OWL U. © NM45N AND 0Sf5LL >N OPTICAL ARMOR YODEL 521 O1 14051 AS SEE EPP OEIECTR *ONTO DETAIL QT 11101991 ARM 5451A11 2N PFVSE MECUM NCDR 262 PER 00.N1Y or MOVE INSTALL 15' C.. 2-OLC SPEO'O11OHS 2/6 (FLASHING © REROUTE 033-1140 FRAFF1C SIAA FLAMING 9CAC014 5TM0AFD5 AND WAPNER! AS MEW NSTAAI 15' C., 1-EILC/ 2)6 (FLASHING BEACON) ALL IS' C.. 1_DLC 0' Bag IPPPPOL DAVID EYANS CS AND ASSOCIATESINc. 4200 Cantu" Sage 200 Ontario California 91754 Phone: (909)4814750 PMLT IINVOR 50 5TB4H C e0am+ CITY OF SAN JACNTO, CALLA DRAM BR NAM OESMED Bn NMI DECKED BY: 5O TRAFFIC SiCiNAL PLA1 WALE 1' ld FOR NUR: RAMCNA EXPIEE9WAY AT HWY 79 nATE: 11/05/CA JOB Ala Roo.e ¢worn-mv SHUT NCB 10 OF 16 m re I 0 z SANDERSON AYE t11 A 21.0D I — HWY 79 a era 11/07/07 E 33am - PACVSJX00000002 \0400CAO\EC \ SHEETS \ ECORO9CSJX0000002.rag EXHIBIT C INSURANCE REQUIREMENTS Licensee shall obtain, and shall require any consultant or contractor entering the Property on its behalf to obtain insurance of the types and in the amounts described below and satisfactory to the Commission. A. Commercial General Liability Insurance. Licensee shall maintain occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less then $1,000,000 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two times the occurrence limit. Such insurance shall: 1. Include the Licensor, its officials, officers, employees, agents, and consultants as insureds with respect to the installation and maintenance of the Road and shall contain no special limitations on the scope of coverage or the protection afforded to these insureds; 2. Be primary with respect to any insurance or self insurance programs covering the Licensor, its officials, officers, employees, agents and consultants; and 3. Contain standard separation of insured provisions. B. Workers' Compensation Insurance. Licensee shall maintain workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000 each accident. C. Certificates of Insurance. Licensee shall, prior to commencement of Services, furnish the Licensor with properly executed certificates of insurance and, if requested by the Licensor, certified copies of endorsements and policies, which clearly evidence all insurance required under this Agreement and provide that such insurance shall be not canceled, allowed to expire or be materially reduced in coverage, except on thirty (30) days' prior written notice to the Licensor. The Licensor shall have the sole discretion to determine whether the certificates and endorsements presented comply with the provisions of this Agreement. D. Coverage Maintenance. Licensee shall replace certificates, policies and endorsements for any insurance expiring prior to the termination of this Agreement. Further, Licensee shall maintain such insurance from the execution of this Agreement until the Road is removed and the Property fully restored, except as otherwise provided in this Agreement. Exhibit C Page 1 of 2 RVPU B\PKNOX\759581.3 E. Licensed Insurer. Licensee shall place such insurance with insurers having A.M. Best Company ratings of no less than A+:VIII and licensed to do business in California, unless otherwise approved, in writing, by the Licensor. Exhibit C Page 2 of 2 R VPU B\PK NOX\759581.3 AGENDA - TRANSMITTAL FORM �t Nl 16r�,� TO: , City Clerk Enclosure: Staff Report for C meeting of [CC or RDA] CC e,p A-ce c KA. (\\ C_ In (name — brief description) o9 (date) c.,rn,Crs-ck / Consent Calendar Item ____ Public Hearing Item: Notice required yes no Copy attached yes no Published (date(s)) Notices sent (date(s) City Departments Item Attachments include (this needs to match the attachment list in the Staff Report: A. B. C. Other: Please provide a fully executed copy of documents to: Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting r�V�\ P C:\Users\Trilake\Desktop\Lilly\Blank Forms\Blank AGENDA Transmittal Form.doc AGENDA ITEM 3• - May 7, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Engineer SUBJECT: Acceptance and Allocation of TASIN (SB 621) grant funds for Ramona Expressway Pavement Rehab RECOMMENDATION: Staff recommends that the City Council, by motion, accept TASIN grant funds in the amount of $238,671 and allocate the same to the Ramona Expressway Pavement Rehab project (CIP 08-002). DISCUSSION: Earlier this year, the City applied for a grant from TASIN sources (Indian Gaming grant) to put toward the pavement rehab project on Ramona Expressway between State Street and Lake Park Drive. We subsequently were awarded the grant, in the amount of $238,671. In order to include this money in the project's budget, a Council action is needed to accept and allocate the funds. ALTERNATIVES: Accept or do not accept the TASIN grant funds. FISCAL IMPACT: This item will increase TASIN grant revenues (Fund #68) $238,671 and increase CIP #08-002 expenditures (Fund #199) by the same amount, as well as the related Transfers In/Out. ATTACHMENTS: n/a Approvals City Manager: j )- Finance Directo Page 1 of 1 AGENDA - TRANSMITTAL FORM TO: Dorothy ] .Chou `nar City Clerk Enclosure: Staff Report for C C meeting of CS, (CC or RDA] (date) Acc eCkcsz tkc.\, 10L'A k "i?D 1 (name — brief description) 5 (c.1r Consent Calendar Item Public Hearing Item: Notice required yes no Copy attached yes no Published (date(s)) Notices sent (date(s) City Departments Item Attachments include (this needs to match the attachment list in the Staff Report: A. B. C. Other: Please provide a fully executed copy of documents to: Please record and retum conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting C Yee G DATE: [Name nitials], [Title] C:\Users\Trilake\Desktop\Lilly\Blank Forms\Blank AGENDA Transmittal Form.doc AGENDA ITEM 3. May 7, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Engineer SUBJECT: Acceptance and Allocation of Article 3 Bicycle and Pedestrian (SB 821) funds for DeAnza Drive and Washington Avenue Improvements RECOMMENDATION: Staff recommends that the City Council, by motion, accept Article 3 Bicycle and Pedestrian (SB 821) funds in the amount of $137,500 and allocate $75,000 to DeAnza Drive Improvements (CIP #05-106) and $62,500 to Washington Avenue Improvements (CIP #07-009). DISCUSSION: Recently, the City received two checks of Article 3 Bicycle and Pedestrian (SB 821) funds from the County Treasurer in the amount of $75,000 and $62,500. These funds can be used for two current projects: $75,000 for DeAnza Drive Improvements (CIP #05-106), which would replace funds currently budgeted from the General Fund ($475,000); $62,500 for Washington Avenue Improvements (CIP #07-009), which would add to funds currently budgeted from the Local Transportation Fund ($138,523). Once this project is complete, the remaining balance will be transferred to Hewitt Street Improvements (CIP #07-008), which will possibly replace funds currently budgeted from the General Fund ($306,506). In order to include this money in the projects' budgets, a Council action is needed to accept and allocate the funds. Page 1 of 2 ALTERNATIVES: Accept or do not accept the Article 3 Bicycle and Pedestrian (SB 821) funds. FISCAL IMPACT: This item will increase Article 3 Bicycle and Pedestrian (SB 821) revenues (Fund #30) by $137,500, increase CIP #05-106 expenditures by $75,000 and CIP #07- 009 expenditures by $62,500 (both Fund #199), as well as the related Transfers In/Out. ATTACHMENTS: n/a Page 2 of 2 AGENDA TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for meeting of S/1l l [CC or RDA] . (date) n ltoiin -�12,�- --f. (name — brief descrrption) Consent Calendar Item Public Hearing Item: Notice required yes no Copy attached yes no Published (date(s)) Notices sent (date(s) _ City Departments Item Attachments include (this needs to match the attachment list in the Staff Report: A. .>` B. C. Other: Please provide a fully executed copy of documents to: Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person t at will be presenting item at the meeting DATE: 24 I( [Name or Initials], [Title] S:\City Clerk\CC RPT 06\AGENDA Transmittal Foiun.doc AGENDA ITEM 3 9 May 7, 2009 TO: The Honorable Mayor and Members of the City Council t� FROM: Tim Hults, Assistant City Manager ��` SUBJECT: Second reading of Ordinance Amending Chapter 8.48 of the Municipal Code (Shopping Carts) RECOMMENDATION: Staff recommends that the City Council, by motion, conduct the second reading to adopt Ordinance No. 09-11 and by further motion read by title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AMENDING CHAPTER 8.48 OF THE SAN JACINTO MUNICIPAL CODE REQUIRING THAT SHOPPING CARTS BE MAINTAINED ON BUSINESS PREMISES BACKGROUND: On April 16, 2009, Council approved the introduction and the first reading, by a 5-0 vote, of the attached Ordinance to regulate the use of shopping carts. DISCUSSION: The purpose of the ordinance is to require business owners that provide carts to maintain such carts on their business premises, to prevent persons from removing carts from retail sites, to make it unlawful for any person that removes carts from retail sites, to make it unlawful for any person that abandons such carts, and to reduce the cost of retrieving such carts from public and private property to business owners and the City of San Jacinto. The attached ordinance varies from the current shopping cart ordinance in the Municipal Code (Section 8.48) in the following ways: 1. Cart Removal Prevention Plan: Potential and current business owners wanting to use shopping carts for their business must submit a "cart removal prevention plan" outlining how shopping carts will be tracked and prevented from being removed from the business premises. This plan must be approved by the City prior to the potential business owner obtaining a business license. For existing business, the plan must be presented within 60 days of the effective date of this ordinance. Page 1 of 2 Approvalspr City Manager: l �Lf,Gd 2. Requires business owners to place contact information on shopping carts, prevent the removal of carts, and to be "on -call" during business hours so that if a cart is removed and the business gets a call from the City to pick up such cart, the business owner can arrange for pickup. 3. Retail sites with business that use carts shall also post signs at all entrances and exits to the applicable businesses as well as in the parking lots that removal of carts is a misdemeanor. 4. To prevent carts from being removed from a respective retail site, prevention measures such as electronic tracking devices or cart disabling devices may be required. Also, this ordinance has kept the cart impoundment, cost recovery and impounded cart disposal provisions of the existing shopping cart ordinance. FISCAL IMPACT: None to the City. The improved regulations contained in the ordinance will reduce the amount of staff time devoted to collection and storage of abandoned carts. ATTACHMENTS: A. Ordinance No. 09-11 Page 2 of 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) ORDINANCE NO. 09-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AMENDING CHAPTER 8.48 OF THE SAN JACINTO MUNICIPAL CODE REQUIRING THAT SHOPPING CARTS BE MAINTAINED ON BUSINESS PREMISES WHEREAS, the presence of vacant, abandoned laundry carts or shopping carts on public or private property can lead to blight; and WHEREAS, the presence of vacant, abandoned laundry carts or shopping carts on public or private property can create an attractive public nuisance; and WHEREAS, the presence of vacant, abandoned laundry carts or shopping carts on public or private property can create potential safety hazards for motor vehicle operators; and WHEREAS, the presence of vacant, abandoned laundry carts or shopping carts can contribute to lower property values; and WHEREAS, the City of San Jacinto ("City") has the power to require Business Owners that provide laundry carts or shopping carts to their customers to maintain such laundry carts or shopping carts on their Business Premises and to prevent and make unlawful the removal of such laundry carts or shopping carts from the Business Premises. WHEREAS, the City Council of the City ("City Council") adopted Ordinance 1027 on December 17, 1996, regarding shopping cart control ("Shopping Cart Ordinance"). WHEREAS, the City Council hereby wishes to revise the Shopping Cart Ordinance to require Business Owners to follow additional requirements including implementation of a Cart Removal Prevention Plan. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS: Section 1. Chapter 8.48 of the San Jacinto Municipal Code amended in its entirety to read as follows: HEREBY is hereby 1 of 11 "Chapter 8.48 SHOPPING CARTS 8.48.010 Short title. This chapter shall be known as the shopping cart control ordinance of the city. 8.48.020 Findings, declaration of public nuisance, and purposes. The city council finds that laundry carts and shopping carts are being removed from retail businesses and abandoned throughout the city on public and private property, which blight the city, create safety hazards for pedestrians, create potential safety hazards for motor vehicle operators, increase the operating costs of retail businesses and cause the city to expend resources unnecessarily by deploying its employees to retrieve and remove such carts from public and private property. The city council also finds that the accumulation of such carts on public and private property diminishes property values and promotes blight throughout the entire city. The city council also finds and declares that the conditions created by the removal of laundry carts and shopping carts from retail Business Premises and the abandonment of such carts throughout the city, on public or private property, constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. The purposes of this ordinance are to require Business Owners that provide laundry carts and shopping carts to their customers to maintain such carts on their Business Premises, to require Business Owners to prevent persons from removing such carts from their Business Premises, to make it unlawful for any person to remove such carts from any Business Premises, to make it unlawful for any person to abandon such carts onto any public or private property, and to reduce the cost of retrieving such carts from public and private property to Business Owners and the City of San Jacinto. 2 of 11 8.48.030 Definitions. For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows: "Business Owner" means any person, any partner, employee or agent of a partnership, any officer, director, employee or agent of any corporation who conducts, directs, manages, supervises, operates, oversees or owns any retail business within the city that uses or locates Carts on the Business Premises. "Business Premises" means the entire area of any structure or parking lot utilized by a Business Owner to conduct its retail business within the city. "Cart" means a vehicle containing wheels and a basket or other device to carry goods provided by a Business Owner to its customers to transport goods upon the Business Premises. "Cart Identification Plaque" means a plate mounted on a Cart that contains the name and address of the Business Owner owning or using any such Cart upon a Business Premises, the name, address and phone number of the agent or employee of the Business Owner pertaining to the Cart and an identifying number of the Cart distinct from any other Cart so owned or used. "Cart Removal Prevention Plan" or "Plan" means the plan required by Section 8.48.050. "City manager" means the city manager of the city, his or her designee and/or authorized representatives of the city manager. "Containment System" means a device on a cart that prevents it from being removed from a Business Premises by locking the wheels of the Cart or otherwise prevents the Cart's movement, or any other device or system approved by the city manager that physically contains Carts on a Business Premises. 8.48.040 Duties of Business Owners. A. It is the duty of a Business Owner to contain Carts solely upon the Business Premises. B. It is the duty of a Business Owner to prevent any person from removing any Cart from the Business Premises except for those persons authorized to remove such Carts from the Business Premises, such as those authorized to repair the Carts. 3 of 11 C. It is the duty of a Business Owner to affix a Cart Identification Plaque in a secure manner on each Cart used or located upon a Business Premises. D. It is the duty of a Business Owner to submit a Cart Removal Prevention Plan and to comply with all of its provisions including those of any revised, prepared or modified Plan authorized by the city manager. E. It is the duty of a Business Owner to permit the city manager to inspect the Carts used or located on the Business Premises in order to ascertain whether each Cart contains a Cart Identification Plaque as required by this chapter. F. It is the duty of every Business Owner that uses or locates any Cart on its Business Premises to post signs, in the size specified by the city manager, at all entrances and exits to the Business Premises and parking lots containing the following language: "REMOVAL OF ANY CART FROM THESE PREMISES IS A MISDEMEANOR. S.J.M.C. Section 8.48.130." 8.48.050 Cart Removal Prevention Plan. A. Each Business Owner who uses or locates any Cart on a Business Premises shall submit a Cart Removal Prevention Plan ("Plan") that contains the policies and procedures by which the Business Owner intends to comply with the purposes and provisions of this chapter. B. A Business Owner who intends to commence a business that will use or locate any Cart on the Business Premises shall submit a Plan prior to commencing such a business. A Business Owner shall not commence business unless and until the Plan has been approved by the city manager. A Business Owner shall submit a Cart Removal Prevention Plan together with an application for a business license. No business license shall be issued to the Business Owner unless and until the Plan has been submitted and approved. C. A Business Owner operating on the effective date of this chapter shall submit a Cart Removal Prevention Plan to the city manager no later than sixty (60) days from the effective date of this chapter. The city manager shall notify each Business Owner operating a business on the effective date of this chapter to submit such a Plan and the final date by which the Plan must be submitted. D. A Cart Removal Prevention Plan shall describe how the Business Owner shall comply with the purpose and 4 of 1 1 provisions of this chapter. In addition, the Plan shall include, at a minimum, the following elements: 1. Name of Business Owner. The name of the Business Owner; the physical address where the business is conducted; and the name, address, and telephone number(s) of the Business Owner and all on -site managers including any changes of such persons. 2. Cart Inventory. A list that contains each Cart to be used or located on the Business Premises and the distinct identification number of each Cart. 3. Customer Outreach. A description of the customer outreach process through which the Business Owner shall notify its customers that removal of any Cart from the Business Premises is prohibited. The outreach shall include, but is not limited to, flyers distributed on the Business Premises, signs posted in prominent places near doors and parking lot exits, shopping bags, announcements using intercom systems on the premises, website direct mail, and other means demonstrated to be effective that inform the customers that Carts may not be removed from the Business Premises. Any posting of signs shall comply with applicable provisions of this city's municipal code or any other city ordinance in effect at the time of their construction and erection. 4. Cart Identification Plaque. A sample of the Cart Identification Plaque described in Section 8.48.030 that will be mounted on each Cart that will be used or located on the Business Premises. 5. Prevention Measures. A description of the specific measures that the Business Owner will implement to prevent removal of any Cart from the Business Premises. Such measures may include, but are not limited to, electronic or other disabling devices on any Cart so they cannot be removed from the Business Premises; management practices; use of courtesy clerks to accompany customers and return carts to the inside of the Business Premises; use of security personnel to prevent removal; security deposits for Cart usage; other demonstrably effective measures acceptable to the city manager that are likely to prevent removal of Carts from the Business Premises. 6. Employee Training. A description of the employee training program to be implemented by the Business Owner that is designed to educate new and existing employees about the Cart Removal Prevention Plan; 5 of 11 and the date during each quarter of each year that the training program will be administered. 7. Mandatory Cart Retrieval. The procedure by which the Business Owner will search, find and return Carts removed from the Business Premises. The procedure by which the Business Owner will retrieve abandoned carts from public or private property when demanded by the city manager within the periods required by Section 8.48.080. E. Each Business Owner submitting a Cart Removal Prevention Plan shall pay the fee established by the city council, which shall be based on the city's cost to review, to monitor the Cart Removal Prevention Plan and to implement this chapter. F. Each Business Owner shall comply with the Cart Removal Prevention Plan that it submits to the city manager commencing on the date of its submission, unless amended as set forth in this chapter. 8.48.060 Plan review and determination. A. Within ten (10) days of submission of a Plan, the city manager shall determine whether the Plan contains the information required by this chapter. If the city manager determines that the Plan is insufficient, the city manager shall return the Plan to the Business Owner together with a written notice of the Plan's insufficiency. The Business Owner shall submit a corrected Plan within ten (10) of the notice of insufficiency. The city manager shall provide written notice to the Business Owner to submit a corrected Plan within ten (10) days and the penalties for failing to do so. B. If the city manager deems the Plan to contain sufficient information, the city manager may approve, revise or reject the Plan; and the city manager shall notify the Business Owner of such decision within thirty (30) days from the date that the Plan was submitted. If the city manager approves or revises the Plan, the Business Owner shall comply with the Cart Removal Prevention Plan as approved or revised commencing on the date of the city manager's notice thereof. C. The city manager may reject a Plan on any of the following grounds: 1. The Plan fails to include any material information required by this chapter; 2. The Plan would fail to achieve the purposes of this chapter; 3. The Plan fails to address any special or unique conditions about the Business Premises; 4. The Plan violates other provisions of the city code or policies of the city; 5. Implementation of the plan would violate provisions of the building, zoning, health and safety, fire or other municipal codes, or any county, state, or federal law which substantially affects public health, welfare or safety; or 6. The Business Owner has made a false statement of fact, omitted information required for the Plan, or omitted any information required by the Plan in any addendum or report to the Plan. D. Upon the rejection of a Plan, the city manager also may: 1. Order the Business Owner to submit another Plan within ten (10) days; or 2. Prepare a Plan and order the Business Owner to comply with such Prepared Plan. E. The city manager shall notify the Business Owner in writing of the Plan rejection, the basis of the Plan rejection and any action taken under subsection (D) hereof. The notice of rejection also shall advise the Business Owner of the right to appeal the city manager's actions to the city manager and that the notice of appeal must be filed in writing within ten (10) days and states the basis of the appeal. F. If the city manager prepares a Plan, the Business Owner shall comply with such prepared Plan commencing on the date of the city manager's notice thereof. 8.48.070 Plan modification. Any time subsequent to the city manager's approval, revision or preparation of a Cart Removal Prevention Plan, the Business Owner may request a modification of such a Plan to address a change in circumstances, an unanticipated adverse physical or economic impact of the Plan, or a need to modernize the Plan to be more effective or efficient. The city manager also shall have authority to require modifications to a Plan when he or she determines that the Plan has failed to achieve the purposes and requirements of this chapter or if a Business Owner fails to implement an approved, revised or prepared Plan. 8.48.080 Cart retrieval. A. The city manager may notify a Business Owner that a Cart belonging to the Business Owner has been discovered on public or private property other than the Business Premises and request the Business Owner to retrieve the 7 of 11 Cart. Whenever the city manager requests a Business Owner to retrieve a Cart prior 1:00 p.m. of any day, the Business Owner shall retrieve the Cart by 5 p.m. on the same day. Whenever the city manager requests a Business Owner to retrieve a Cart after 1:00 p.m. of any day, the Business Owner shall retrieve the Cart by 10:00 a.m. of the next day. If the city manager requests a Business Officer to retrieve a Cart on a day that the retail business is closed for business, then the Business Owner shall retrieve the Cart by 10:00 a.m. of the next business day. B. Notification by telephone to the Business Owner's telephone number contained on the Cart Identification Plaque shall be deemed sufficient notice to the Business Owner in the event that no one answers the telephone call placed to the phone number on the Cart Identification Plaque from 8:00 a.m. to 5 p.m. on any day that the Business is open. C. It is unlawful for a Business Owner to fail to assign an operator to answer all calls to the telephone number on the Cart Identification Plaque made by the city manager from 8:00 a.m. to 5 p.m. on any day that the Business is open. D. The city manager is authorized to require a Business Owner who is requested to retrieve more than three Carts within a ninety (90) day period to install a Cart Containment System. E. Any Cart found on any public or private property on which no Cart Identification Plaque is affixed shall constitute a nuisance and may be retrieved and discarded by the city immediately. 8.48.090 Cart impoundment by city. Any Cart found on any public or private property may be impounded by the city manager provided both of the following conditions have been satisfied: A. The Cart is located outside the Business Premises of the Business Owner to which the Cart belongs. B. The Cart is not retrieved within three (3) business days from the date the Business Owner receives notice from the city as set forth in this chapter of the Cart's discovery and location. 8.48.100 Emergency impoundment by city. In instances where the location of a Cart will impede emergency services, the city manager is authorized to immediately retrieve the Cart from public or private property. Sof11 8.48.110 Cost recovery. The city is authorized to recover its actual costs, as determined by the city manager, for providing the impoundment service. Also, the city may fine the Business Owner of an impounded Cart in an amount as shown in the schedule of fines resolution as adopted by the city council, for each occurrence in excess of three (3) during a specified six (6)-month period for failure to retrieve Carts in accordance with this section. An occurrence includes all Carts impounded in accordance with this section in a one (1)-day period. 8.48.120 Disposal of impounded carts. Any Cart not reclaimed from the city within thirty (30) days of receipt of a notice of violation by the Business Owner of an impounded Cart may be sold or otherwise disposed of by the city manager. 8.48.130 Unlawful acts by persons. It is unlawful for any person to do any of the following acts: A. To remove a Cart from a Business Premises; B. To abandon a Cart at a location other than a Business Premises; C. To be in possession of a Cart that has been removed from a Business Premises or that is not located on a Business Premises; D. To be in possession of a Cart that does not have a Cart Identification Plaque; E. To be in possession of a Cart on which the information on the Cart Identification Plaque has been altered, defaced or obliterated; F. To alter, convert, or tamper with a Cart, or to remove any part or portion of a Cart, or to alter, obliterate, or remove the Cart Identification Plaque. 8.48.140 Unlawful acts by Business Owners. It is unlawful for a Business Owner to do any of the following acts: A. To fail to comply with any duty under Section 8.48.040; B. To fail to submit a Cart Removal Prevention Plan required by Section 8.48.050; C. To fail to comply with the Cart Removal Prevention Plan under Section 8.48.050(F); D. To fail to submit a corrected Cart Removal Prevention Plan within the ten (10) day period required by Section 8.48.060(A); 9 of I I E. To fail to comply with any Cart Removal Prevention Plan required by Section 8.48.060; F. To fail to comply with a request to retrieve a Cart required by Section 8.48.080." Section 2. Severability. Should any provision, section, paragraph, sentence or word of this chapter be determined or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this chapter shall remain in full force and effect. Section 3. Effective Date. This ordinance shall take effect and be in full force on the thirtieth (30th) day from and after its second reading. Introduced at a regular meeting of said City Council on the 16th day of April, 2009, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By Dale Stubblefield, Mayor ATTEST: Barry McClellan, City Clerk APPROVED AS TO FORM: Jeffrey S. Ballinger Best Best & Krieger LLP 10of11 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) I, , hereby certify that the foregoing is a true copy of Ordinance No. 09-11, introduced at a regular meeting held on the 16th day of April, 2009 and duly adopted by the City Council of the City of San Jacinto, California at a regular meeting thereof held the day of , 2009. WITNESS my hand and official seal of the City of San Jacinto this day of , 2009. City Clerk I of 11 AGENDA - TRANSMITTAL FORM TO: Rick Miller, Deputy City Clerk Enclosure: Staff Report for CC meeting of 05/07/09 [CC or RDA] Surplus Declaration — 2008 Chevrolet Impala (name — brief description) XX Consent Calendar Item Public Hearing Item: Notice required yes no Copy attached yes no Published (date(s)) Notices sent (date(s) City Departments Item Attachments include (this needs to match the attachment list in the Staff Report: A. B. C. Other: (date) Please provide a fully executed copy of documents to: Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting DATE: 4/22/09 CJ R E [N ind or Initials], [Title] \\SJFP01\Users\CRogers\A Director\A Finance Dtr\Coimcil Reports100 CC Transmittal Foiuiat.doc AGENDA ITEM 3. l D May 7, 2009 TO: Honorable Mayor and Members of the City Council FROM: Connie Rogers -Elmore, Interim Finance Direct SUBJECT: Surplus Declaration — 2008 Chevrolet Impala RECOMMENDATION Staff recommends that the City Council, by motion, declare as surplus City vehicle Unit #950, a 2008 Chevrolet Impala and direct the City Manager to sell the vehicle. SUMMARY City vehicle Unit #950, a 2008 Chevrolet Impala, California license plate 1207387, VIN SG1WT58NX89120820, was purchased in October 2007. With 24,000 miles, this vehicle has an approximate fair market value of $12,390 and an estimated dealer trade-in value of $10,600. The vehicle will no longer be necessary in the course of City operations. Ordinance No. 1092 governing bidding, contracting, and purchases of supplies, services, and equipment (commonly known as the "Purchasing Ordinance"), Section 3.08.150 "Surplus supplies and equipment", dictates that supplies, materials, and equipment which are no longer used or which have become obsolete can be declared surplus by the purchasing officer (City Manager) who is further authorized to sell such items. Any items of an estimated value of $10,000 or more require a City Council -approved declaration. ALTERNATIVES 1) Approve the surplus declaration and direct the City Manager to sell the vehicle. 2) Do not approve the surplus declaration and provide alternative direction. FISCAL IMPACT The General Fund will realize revenue from the proceeds of sale in an amount up to the fair market value of approximately $12,390. ATTACHMENTS None Approvals City Manager: Finance Direct Page 1 of 1 AGENDA - TRANSMITTAL FORM TO: Rick Miller, Deputy City Clerk Enclosure: Staff Report for CC meeting of 5-7-09 [CC or RDA] (date) Master Street Light Agreement with Southern California Edison (name — brief description) X Consent Calendar Item Public Hearing Item: Notice required yes no Copy attached yes no Published (date(s)) Notices sent (date(s) City Departments Item X Attachments include (this needs to match the attachment list in the Staff Report: A. B. C. Other: _ Please provide a fully executed copy of documents to: Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting Mike Emberton DATE: 5-7-09 MLE [Name or Initials], [Title] C:\Documents and Settings\Rmiller\Local Settings\Temporary Internet Files\OLK98\Transmittal For SCE Street Light Agreement.doc AGENDA ITEM 3.iL May 7, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Mike Emberton, Public Works Director SUBJECT: Master Street Light Agreement with Southern California Edison RECOMMENDATION: By motion: 1) approve a Master Street Light Agreement (LS-1; LS-2/LS-3) between the City of San Jacinto and Southern California Edison called "Company". DISSCUSSION: Southern California Edison requests the city sign a master street light agreement. This agreement is broken down into three components. The first component (LS-1) allows us to utilize their existing Tight poles for decorations, advertising banners and signs. This agreement is in line with city needs and provides an opportunity to display a variety of items in prime locations throughout our community. In addition, it permits us to attach important traffic signs, parking signs and other related signage. The only restriction to the agreement is that we cannot "lease" out these locations for non city purposes. The second and third components (LS-2/LS-3) provides for standard allowances for Southern California Edison to provide electricity to existing Southern Califomia Edison light poles as well as city street lights not currently owned or operated by Southern California Edison. Fees related to electrical and service costs are set by the Public Utility Commission and charged accordingly. ALTERNATIVES: 1. Approve Agreement 2. Deny Agreement 3. Discuss and give further direction FISICAL IMPACT: There is no cost to the city for entering into the agreement. Fees for street lighting are already being charged at PUG set rates. ATTACHMENTS: • Master Street Light Agreement. City Manager Approval:: 7 h- Page 1 of 1 Finance Direct this LICENSE AGREEMENT THIS LICENSE AGREEMENT (this "License Agreement"), is made and entered into day of , 2009, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation, (hereinafter called "Company") and the City of San Jacinto, a political subdivision of the State of California, (hereinafter called "City"). WHEREAS, City has jurisdiction of certain streets and highways and has the right to regulate the use of such highways. WHEREAS, Company has installed Company -owned composite, concrete, and steel street light poles ("Poles") at various locations within said City at the request of City. WHEREAS, City desires a license to place non -electrified traffic regulating signs, American flags, and Neighborhood Watch signs, banners and related appurtenances on said Poles. WHEREAS, Company shall permit City to install non -electrified traffic regulating signs, American flags, Neighborhood Watch sits, banners and related appurtenances on said Poles under this License Agreement. NOW THEREFORE, in consideration of the mutual understandings and obligations of the parties as hereinafter set forth, Company and City hereby agree as follows: 1. Company hereby, subject to the terms and conditions provided in this License Agreement, licenses and pen -nits City or City's authorized agent to install, maintain, use, repair, renew, and remove non -electrified traffic regulating signs, American flags, Neighborhood Watch signs and other city — sponsored event banners and related appurtenances (collectively referred to as "Attachments") on the Poles in accordance with the following: -1- License Agreement A. Attachment shall be secured by means of stainless steel straps. B. No holes shall be punched, drilled, or burned in any Poles C. All Attachments shall be mounted so as to provide adequate clearance from traffic, pedestrians, and from all electrical facilities, and secured to Poles to avoid dislodging. D. The total surface area of all Attachments on any one Pole shall not exceed 18 square feet at any one time. E. Banners for use on poles in high wind areas (90 mph) must be mounted with break- away, or bend -away banner supports. F. No Attachment shall be suspended between Poles or between Poles and structures. G. No Attachment shall be installed on any wooden Poles. H. No Corporate Trademarks, Logos or other corporate identifiers shall be allowed on the City sponsored banners. 2. Except as otherwise herein provided, the use by City of such Pole as herein provided for shall be without charge. City and/or City's agent shall not derive any revenues in connection with the license issued hereby that exceeds the direct expenses incurred in generating such revenues. City and/or City's agent shall maintain complete and accurate records in accordance with generally accepted methods of accounting for all transactions involving payment from a third -party for placement of an Attachment for three (3) years after the corresponding payment. Company shall have access to such records, upon reasonable notice, for the purposes of audit during normal business hours, for so long as such records are required to be maintained. License Agreement 3. The Attachments shall be installed and maintained by City, or City's authorized agent, in a safe and workman -like manner in compliance with all applicable laws, rules, regulations, ordinances, including but not limited to General Order No. 95 of the Public Utilities Commission of the State of California. 4. Should Company, in its sole and absolute discretion, determine that it is necessary to relocate or replace a Pole on which a City -owned Attachment is in place, City or City's agent shall, upon reasonable notice from Company promptly relocate, replace or transfer said Attachment to a substitute Pole, if any, as required at City's sole cost and expense. 5 City shall indemnify and hold harmless Company against all losses, expenses, claims, actions, causes of action, damages, costs or liabilities, directly or proximately resulting from or caused by the installation, placement, use, presence, operation, maintenance, and/or removal of said Attachments on any Poles, as herein provided. The teuniination of this License agreement shall not relieve City of any liabilities which occurred prior thereto or which are occurring at that time. This paragraph shall not be construed to impose liability on either the Company or the City, in favor of any third party, unless such liability would have existed in the absence of this paragraph. 6. The failure of Company to enforce any provision of this License Agreement, or the waiver thereof, shall not be construed as a general waiver or relinquishment on its part of any such provisions; however, the same shall nevertheless remain in full force and effect. 7. This License Agreement shall continue in effect for a term of one (1) year from the date hereof and from year to year thereafter, unless tenninated sooner. This License Agreement may be terminated by either party hereto by written notice given not less than sixty (60) days prior to the intended termination. In the event of such termination, City shall remove all of said Attachments from the Poles prior to the termination of this License Agreement. 8. This License Agreement shall not be assignable by City. _3_ License Agreement IN WITNESS WHEREOF, City and Company have executed this License Agreement by and through their respective officers thereunto authorized as of the day and year first herein above written. CUSTOMER: COMPANY: CITY COUNCIL OF THE CITY OF SAN JACINTO ACTING FOR AND ON BEHALF OF THE CITY OF SAN JACINTO SOUTHERN CALIFORNIA EDISON COMPANY BY: BY: TITLE: TITLE: ATTEST: ATTEST: TITLE: TITLE: APPROVED AS TO FORM DATE: -a- License Aereement APPLICATION AND CONTRACT FOR STREET LIGHTING SERVICE UTILITY -OWNED SYSTEM SCHEDULE NO. LS-1 THIS AGREEMENT, is made this day of , 2009, by and between the SOUTHERN CALIFORNIA EDISON COMPANY, a California public utility corporation, hereinafter designated as "Company", and the City of San Jacinto, a political subdivision of the State of California, hereinafter designated "Customer". Customer hereby requests the Company to deliver electric energy and to supply street lighting, which includes the street light poles for attachment of luminaires, equipment, and pertinent electric service connections, to and for the facilities and locations shown on Company's street light inventory maps, which are available to be reviewed upon request. CUSTOMER AND COMPANY AGREE AS FOLLOWS: 1. The parties hereto agree that the initial term of this contract shall be for a period of three (3) years commencing , 2009. Upon the expiration of the initial term of this contract, it shall be extended automatically thereafter for successive terms of one year each, provided that this contract may be terminated at the end of the original or any extended tenn by either party upon not less than sixty (60) days written notice prior to the expiration of such term. 2. Customer agrees to take and pay for said service under the rates and provisions of Schedule No. LS-1, marked Exhibit "A'', attached hereto and made a part hereof, commencing on the date customer requests the individual light or street light system to be energized, or as soon thereafter as the Company is reasonably able to supply said service subject also to the provisions of Condition 6 hereof. Revised 10-17-07 -1- LS-1 3. Company agrees to furnish street lighting service in accordance with Schedule No. LS-1 and Exhibit "A", and other exhibits which may form a part of this contract. The ownership of said street light poles, equipment, and electric service connections shall at all times be and remain the property of the Company. 4. Should Customer elect to have other than a standard installation, Customer shall pay the estimated difference in cost installed between such installation and a standard installation. The difference in cost installed for such an installation is determined annually by the Company, effective July 1. Where mutually agreed upon, and in accordance with Company's specifications, the excavating, backfilling, and restoring of pavement for an underground installation may be furnished by the Customer in lieu of payment therefor. 5. Company has reviewed the right-of-way for the street lighting system as of the effective date of this contract. Company has determined that no additional right-of-way is necessary for the operation and maintenance of the system. In the event the Customer requests modifications to the presently existing system, additional right-of-way may be required. In the event of Customer -requested system modifications, Customer agrees to acquire, as may in Company's discretion be required, the necessary exclusive easements for the Company from owners of private property at Customer's cost and expense. 6. Customer agrees to pay such rates, and to be governed by the terms, set forth in the Company's tariffs, including but not restricted to, Schedule No. LS-1, on file with the Public Utilities Commission of the State of California, and any changes or modifications thereof as may be authorized by said Commission. 7. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in exercise of its jurisdiction. Revised 10-17-07 I,S-1 8. Termination of this contract shall not affect the obligations or liabilities of either of the parties hereto accruing at such date of tennination. Company shall have the right to remove or abandon in place Company -owned street lighting facilities, wholly or in part, upon expiration of this contract or of any extension thereof. 9. The parties hereto agree that any changes, deletions, modifications or additions to the street lighting provided under this contract shall mutually be agreed upon in writing. All other provisions of this contract shall remain in effect. 10. All poles, wires and electrical appurtenances installed by Company in furnishing service under this agreement, shall be so placed as to work the least possible public and private inconvenience. l 1. If Company shall be prevented by strikes, by order of court, by public authority, by order of the Commission or other causes beyond the control of the parties hereto, or any of them, from fiu-nishing the service herein provided for, it shall not be liable in damages to Customer for such failure but a proportionate reduction in the amounts payable to Company by Customer for street lighting service hereunder, based on the period of suspension of such service, shall be made in case of such failure. 12. Customer agrees to hold harmless and indemnify Company, its successors and assignees, from and against all claims, liens, encumbrances, actions, loss, damage, causes of action, expense and/or liability arising from loss or damage to property or injury to or death of persons resulting by reason of any interruption or modification of service requested by Customer. 13. Company agrees to hold harmless and indemnify Customer, its successors and assignees, from and against all claims, liens, encumbrances, actions, loss, damage, causes of action, expense and/or liability arising from loss or damage to property or injury to or death of persons as a result of any interruption or modification of service caused by negligent or willful actions of Company. Revised 10-17-07 -3- LS-1 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed for and on behalf of each by their duly authorized agents, partners, or corporate officers, as of the day and year first above written. CUSTOMER: COMPANY: COUNCIL OF THE CITY OF ALHAMBRA ACTING FOR AND ON BEHALF OF THE CITY OF SAN JACINTO SOUTHERN CALIFORNIA EDISON COMPANY BY: BY: Title: Title: ATTEST: ATTEST: Title: Title: DATE: DATE: Names and address to which billing(s) will be mailed: Revised 10-17-07 -4- LS-1 APPLICATION AND CONTRACT FOR STREET LIGHTING SERVICE CUSTOMER-O\VNED SYSTEM SCHEDULE NOS. LS-2 AND LS-3 THIS AGREEMENT, made this day of , 2009, by and between the SOUTHERN CALIFORNLA EDISON COMPANY, a corporation hereinafter designated as "Company", and the City of San Jacinto, in the County of Riverside, State of California, hereinafter designated "Customer". Customer hereby requests the Company to enter into an agreement to supply and deliver electric energy from Company's distribution system to illuminate the Customer -owned street lights. CUSTOMER AND COMPANY HERETO AGREE AS FOLLOWS: 1. This agreement shall be for a period of three (3) years, commencing , 2009. Both parties hereto agree that upon expiration of the initial term of this agreement, it shall be extended automatically thereafter in successive terms of one year each, provided that this contract may be terminated at the end of the original or any extended term by either party upon not less than sixty (60) days written notice prior to the expiration of such term. 2. Company agrees to supply and deliver electric energy service and Customer agrees to take and pay for said service so supplied at each point of delivery under provisions of Schedule Nos. LS- 2 and/or LS-3. A copy of said schedule(s) is attached hereto, marked Exhibit "A" and made a part hereof. 3. Customer will by means of street lighting circuit maps and a summary thereof, periodically report number, location, size and type of Customer -owned street lights to Company for billing, statistical reporting and load information. A copy of said maps and summary thereof is marked Exhibit "B" and attached hereto and by this reference made a part hereof. Revised 10/17/07 -1- LS-2 & LS-3 4. Customer agrees to pay such rates and to be governed by the terms set forth in the Company's tariffs, including, but not restricted to, Schedule Nos. LS-2 andior LS-3, on file with the Public Utilities Commission of the State of California and any changes or modifications thereof as may be authorized by said Commission. 5. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in the exercise of its jurisdiction. 6. Company agrees to install any and all required meters in accordance with provisions of Schedule No. LS-3. Upon approval by the applicable agency, said meter(s) shall be set in Customer's meter cabinet(s) or other places acceptable to Company at location(s) mutually agreed upon. 7. It is understood and agreed that all poles, wires and other appurtenances supplied and used by the Company in furnishing the service herein provided for, shall at all times be and remain the property of the Company, and the Company shall have the right to remove the same upon expiration of this contract or any renewal thereof. 8. All poles, wires and electrical appurtenances installed by Company in furnishing service under this agreement, shall be so placed as to work the least possible public and private inconvenience. 9. Company has reviewed the right-of-way for the street lighting system as of the effective date of this contract. Company has determined that no additional right-of-way is necessary for the operation and maintenance of the system. In the event the Customer requests modifications to the presently existing system, additional right-of-way may be required. In the event of Customer -requested system modifications, Customer agrees to acquire, as may in Company's discretion be required, the Revised 10/ I7/07 -7- LS 2 & LS-3 necessary exclusive easements for the Company from owners of private property at Customer's cost and expense. 10. If Company shall be prevented by strikes, by order of court, by public authority, by order of the Commission or other causes beyond the control of the parties hereto, or any of them, from furnishing the service herein provided for, it shall not be liable in damages to Customer for such failure. In case of such failure, a proportionate reduction in the amounts payable to Company by Customer for street lighting service hereunder, based on the period of suspension of such service, shall be made in case of such failure. 11. Optional relamp service to Customer under the rates and provisions of Schedule Nos. LS-2 and/or LS-3 is available upon written request. Customer taking optional relamp service under these schedules shall provide circuit maps and a sum nary thereof indicating the number, location, type and size of those street lights to be serviced by Company. 12. Customer agrees to hold harmless and indemnify Company, its successors and assignees, from and against all claims, liens, encumbrances, actions, loss, damage, causes of action, expense and/or liability arising from or resulting from loss or damage to property or injury to or death of persons resulting by reason of any interruption or modification of service requested by Customer. 13. Company agrees to hold hainiless and indemnify Customer, its successors and assignees, from and against all claims, liens, encumbrances, actions, loss, damage, causes of action, expense and/or liability arising from loss or damage to property or injury to or death of persons as a result of any interruption or modification of service caused by negligent or willful actions of Company. Revised 10,17/07 -3- LS-2 & LS-3 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed for and on behalf of each by their duly authorized agents, partners, or corporate officers, as of the day and year first above written. CUSTOMER: COMPANY: CITY COUNCIL OF THE CITY OF SAN JACINTO ACTING FOR AND ON BEHALF OF THE CITY OF SAN JACINTO SOUTHERN CALIFORNIA EDISON COMPANY BY: BY: Title: Title: ATTEST: ATTEST: Title: Title: DATE: DATE: APPROVED AS TO FORM Names and address to which billing(s) will be mailed: Revised 10/17/07 -4- LS-2 & LS-3 this LICENSE AGREEMENT THIS LICENSE AGREEMENT (this "License Agreement"), is made and entered into day of , 2009, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation, (hereinafter called "Company") and the City of San Jacinto, a political subdivision of the State of California, (hereinafter called "City"). WHEREAS. City has jurisdiction of certain streets and highways and has the right to regulate the use of such highways. WHEREAS, Company has installed Company -owned composite, concrete, and steel street light poles ("Poles") at various locations within said City at the request of City. WHEREAS, City desires a license to place non -electrified traffic regulating signs, American flags, and Neighborhood Watch signs, banners and related appurtenances on said Poles. WHEREAS, Company shall pen -nit City to install non -electrified traffic regulating signs, American flags, Neighborhood Watch signs, banners and related appurtenances on said Poles under this License Agreement. NOW THEREFORE, in consideration of the mutual understandings and obligations of the parties as hereinafter set forth, Company and City hereby agree as follows: 1. Company hereby, subject to the terms and conditions provided in this License Agreement, licenses and permits City or City's authorized agent to install, maintain, use, repair, renew, and remove non -electrified traffic regulating signs, American flags, Neighborhood Watch signs and other city — sponsored event banners and related appurtenances (collectively referred to as "Attachments") on the Poles in accordance with the following: -1- License Agreement A. Attachment shall be secured by means of stainless steel straps. B. No holes shall be punched, drilled, or burned in any Poles C. All Attachments shall be mounted so as to provide adequate clearance from traffic, pedestrians, and from all electrical facilities, and secured to Poles to avoid dislodging. D. The total surface area of all Attachments on any one Pole shall not exceed 18 square feet at any one time. E. Banners for use on poles in high wind areas (90 mph) must be mounted with break- away, or bend -away banner supports. F. No Attachment shall be suspended between Poles or between Poles and structures. G. No Attachment shall be installed on any wooden Poles. H. No Corporate Trademarks, Logos or other corporate identifiers shall be allowed on the City sponsored banners. 2. Except as otherwise herein provided, the use by City of such Pole as herein provided for shall be without charge. City and/or City's agent shall not derive any revenues in connection with the license issued hereby that exceeds the direct expenses incurred in generating such revenues. City and/or City's agent shall maintain complete and accurate records in accordance with generally accepted methods of accounting for all transactions involving payment from a third -party for placement of an Attachment for three (3) years after the corresponding payment. Company shall have access to such records, upon reasonable notice, for the purposes of audit during normal business hours, for so long as such records are required to be maintained. License Agreement 3. The Attachments shall be installed and maintained by City, or City's authorized agent, in a safe and workman -like manner in compliance with all applicable laws, rules, regulations, ordinances, including but not limited to General Order No. 95 of the Public Utilities Commission of the State of California. 4. Should Company, in its sole and absolute discretion, determine that it is necessary to relocate or replace a Pole on which a City -owned Attachment is in place, City or City's agent shall, upon reasonable notice from Company promptly relocate, replace or transfer said Attachment to a substitute Pole, if any, as required at City's sole cost and expense. 5. City shall indemnify and hold harmless Company against all losses, expenses, claims, actions, causes of action, damages, costs or liabilities, directly or proximately resulting from or caused by the installation, placement, use, presence, operation, maintenance, and/or removal of said Attachments on any Poles, as herein provided. The termination of this License agreement shall not relieve City of any liabilities which occurred prior thereto or which are occurring at that time. This paragraph shall not be construed to impose liability on either the Company or the City, in favor of any third party, unless such liability would have existed in the absence of this paragraph. 6. The failure of Company to enforce any provision of this License Agreement, or the waiver thereof, shall not be construed as a general waiver or relinquishment on its part of any such provisions; however, the same shall nevertheless remain in full force and effect. 7. This License Agreement shall continue in effect for a term of one (1) year from the date hereof and from year to year thereafter, unless terminated sooner. This License Agreement may be terminated by either party hereto by written notice given not less than sixty (60) days prior to the intended termination. In the event of such termination, City shall remove all of said Attachments from the Poles prior to the termination of this License Agreement. 8. This License Agreement shall not be assignable by City. -3- License Agreement IN WITNESS WHEREOF, City and Company have executed this License Agreement by and through their respective officers thereunto authorized as of the day and year first herein above written. CUSTOMER: COMPANY: CITY COUNCIL OF THE CITY OF SAN JACINTO ACTING FOR AND ON BEHALF OF THE CITY OF SAN JACINTO SOUTHERN CALIFORNIA EDISON COMPANY BY: BY: TITLE: TITLE: ATTEST: ATTEST: TITLE: TITLE: APPROVED AS TO FORM DATE: -4- License Agreement APPLICATION AND CONTRACT FOR STREET LIGHTING SERVICE UTILITY -OWNED SYSTEM SCHEDULE NO. LS-1 THIS AGREEMENT, is made this day of , 2009, by and between the SOUTHERN CALIFORNIA EDISON COMPANY, a California public utility corporation, hereinafter designated as "Company", and the City of San Jacinto, a political subdivision of the State of California, hereinafter designated "Customer". Customer hereby requests the Company to deliver electric energy and to supply street lighting, which includes the street light poles for attachment of luminaires, equipment, and pertinent electric service connections, to and for the facilities and locations shown on Company's street light inventory maps, which are available to be reviewed upon request. CUSTOMER AND COMPANY AGREE AS FOLLOWS: 1. The parties hereto agree that the initial tern of this contract shall be for a period of three (3) years commencing , 2009. Upon the expiration of the initial term of this contract, it shall be extended automatically thereafter for successive terms of one year each, provided that this contract may be terminated at the end of the original or any extended term by either party upon not less than sixty (60) days written notice prior to the expiration of such term. Customer agrees to take and pay for said service under the rates and provisions of Schedule No. LS-1, marked Exhibit "A", attached hereto and made a part hereof, commencing on the date customer requests the individual Light or street light system to be energized, or as soon thereafter as the Company is reasonably able to supply said service subject also to the provisions of Condition 6 hereof. Revised 10-17-07 -1- LS-1 3. Company agrees to furnish street lighting service in accordance with Schedule No. LS-1 and Exhibit "A", and other exhibits which may form a part of this contract. The ownership of said street light poles, equipment, and electric service connections shall at all times be and remain the property of the Company. 4. Should Customer elect to have other than a standard installation, Customer shall pay the estimated difference in cost installed between such installation and a standard installation. The difference in cost installed for such an installation is determined annually by the Company, effective July 1. Where mutually agreed upon, and in accordance with Company's specifications, the excavating, backfilling, and restoring of pavement for an underground installation may be furnished by the Customer in lieu of payment therefor. 5. Company has reviewed the right-of-way for the street lighting system as of the effective date of this contract. Company has determined that no additional right-of-way is necessary for the operation and maintenance of the system. In the event the Customer requests modifications to the presently existing system, additional right-of-way may be required. In the event of Customer -requested system modifications, Customer agrees to acquire, as may in Company's discretion be required, the necessary exclusive easements for the Company from owners of private property at Customer's cost and expense. 6. Customer agrees to pay such rates, and to be governed by the terns, set forth in the Company's tariffs, including but not restricted to, Schedule No. LS-1, on file with the Public Utilities Commission of the State of California, and any changes or modifications thereof as may be authorized by said Commission. 7. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Comunission may, from time to time, direct in exercise of its jurisdiction. Revised 10-17-07 -2- LS-1 8. Termination of this contract shall not affect the obligations or liabilities of either of the parties hereto accruing at such date of termination. Company shall have the right to remove or abandon in place Company -owned street lighting facilities, wholly or in part, upon expiration of this contract or of any extension thereof. 9. The parties hereto agree that any changes, deletions, modifications or additions to the street lighting provided under this contract shall mutually be agreed upon in writing. All other provisions of this contract shall remain in effect. 10. All poles, wires and electrical appurtenances installed by Company in furnishing service under this agreement, shall be so placed as to work the least possible public and private inconvenience. 11. If Company shall be prevented by strikes, by order of court, by public authority, by order of the Commission or other causes beyond the control of the parties hereto, or any of them, from furnishing the service herein provided for, it shall not be liable in damages to Customer for such failure but a proportionate reduction in the amounts payable to Company by Customer for street lighting service hereunder, based on the period of suspension of such service, shall be made in case of such failure. 12. Customer agrees to hold harmless and indemnify Company, its successors and assignees, from and against all claims, liens, encumbrances, actions, loss, damage, causes of action, expense and/or liability arising from loss or damage to property or injury to or death of persons resulting by reason of any interruption or modification of service requested by Customer. 13. Company agrees to hold harmless and indemnify Customer, its successors and assignees, from and against all claims, liens, encumbrances, actions, loss, damage, causes of action, expense and/or liability arising from loss or damage to property or injury to or death of persons as a result of any interruption or modification of service caused by negligent or willful actions of Company. Revised 10-17-07 -3- LS-1 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed for and on behalf of each by their duly authorized agents, partners, or corporate officers, as of the day and year first above written. CUSTOMER: COMPANY: COUNCIL OF THE CITY OF ALHAMBRA ACTING FOR AND ON BEHALF OF THE CITY OF SAN JACINTO SOUTHERN CALIFORNIA EDISON COMPANY BY: BY: Title: Title: ATTEST: ATTEST: Title: Title: DATE: DATE: Names and address to which billing(s) will be mailed: Revised 10-17-07 -4- LS-1 APPLICATION AND CONTRACT FOR STREET LIGHTING SERVICE CUSTOMER -OWNED SYSTEM SCHEDULE NOS. LS-2 AND LS-3 THIS AGREEMENT, made this day of , 2009, by and between the SOUTHERN CALIFORNIA EDISON COMPANY, a corporation hereinafter designated as "Company", and the City of San Jacinto, in the County of Riverside, State of California, hereinafter designated "Customer". Customer hereby requests the Company to enter into an agreement to supply and deliver electric energy from Company's distribution system to illuminate the Customer -owned street lights. CUSTOMER AND COMPANY HERETO AGREE AS FOLLOWS: 1. This agreement shall be for a period of three (3) years, commencing , 2009. Both parties hereto agree that upon expiration of the initial terns of this agreement, it shall be extended automatically thereafter in successive terms of one year each, provided that this contract may be terminated at the end of the original or any extended term by either party upon not less than sixty (60) days written notice prior to the expiration of such term. Company agrees to supply and deliver electric energy service and Customer agrees to take and pay for said service so supplied at each point of delivery under provisions of Schedule Nos. LS- 2 and/or LS-3. A copy of said schedule(s) is attached hereto, marked Exhibit "A" and made a part hereof. 3. Customer will by means of street lighting circuit maps and a summary thereof, periodically report number, location, size and type of Customer -owned street lights to Company for billing, statistical reporting and load information. A copy of said maps and summary thereof is marked Exhibit "B" and attached hereto and by this reference made a part hereof. Revised 10117;'07 -1- LS-2 & LS-3 4. Customer agrees to pay such rates and to be governed by the tell is set forth in the Company's tariffs, including, but not restricted to, Schedule Nos. LS-2 and/or LS-3, on file with the Public Utilities Commission of the State of California and any changes or modifications thereof as may be authorized by said Commission. �. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in the exercise of its jurisdiction. 6. Company agrees to install any and all required meters in accordance with provisions of Schedule No. LS-3. Upon approval by the applicable agency, said meter(s) shall be set in Customer's meter cabinet(s) or other places acceptable to Company at location(s) mutually agreed upon. 7. It is understood and agreed that all poles, wires and other appurtenances supplied and used by the Company in furnishing the service herein provided for, shall at all times be and remain the property of the Company, and the Company shall have the right to remove the same upon expiration of this contract or any renewal thereof. 8. All poles, wires and electrical appurtenances installed by Company in furnishing, service under this agreement, shall be so placed as to work the least possible public and private inconvenience. 9. Company has reviewed the right-of-way for the street lighting system as of the effective date of this contract. Company has determined that no additional right-of-way is necessary for the operation and maintenance of the system. In the event the Customer requests modifications to the presently existing system, additional right-of-way may be required. In the event of Customer -requested system modifications, Customer agrees to acquire, as may in Company's discretion be required, the Revised 10/17/07 LS-2 & LS-3 necessary exclusive easements for the Company from owners of private property at Customer's cost and expense. 10. If Company shall be prevented by strikes, by order of court, by public authority, by order of the Commission or other causes beyond the control of the parties hereto, or any of them, from furnishing the service herein provided for, it shall not be liable in damages to Customer for such failure. In case of such failure, a proportionate reduction in the amounts payable to Company by Customer for street lighting service hereunder, based on the period of suspension of such service, shall be made in case of such failure. 11. Optional relamp service to Customer under the rates and provisions of Schedule Nos. LS-2 and/or LS-3 is available upon written request. Customer taking optional relamp service under these schedules shall provide circuit maps and a summary thereof indicating the number, location, type and size of those street lights to be serviced by Company. 12. Customer agrees to hold hainiless and indemnify Company, its successors and assignees, from and against all claims, liens, encumbrances, actions, loss, damage, causes of action, expense and/or liability arising from or resulting from loss or damage to property or injury to or death of persons resulting by reason of any interruption or modification of service requested by Customer. 13. Company agrees to hold harp less and indemnify Customer, its successors and assignees, from and against all claims, liens, encumbrances, actions, loss, damage, causes of action, expense and/or liability arising from loss or damage to property or injury to or death of persons as a result of any interruption or modification of service caused by negligent or willful actions of Company. Revised 10/17/07 -3- LS-2 & LS-3 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed for and on behalf of each by their duly authorized agents, partners, or corporate officers, as of the day and year first above written. CUSTOMER: COMPANY: CITY COUNCIL OF THE SOUTHERN CALIFORNIA EDISON CITY OF SAN JACINTO ACTING FOR AND ON BEHALF OF THE CITY OF SAN JACINTO COMPANY BY: BY: Title: Title: ATTEST: ATTEST: Title: Title: DATE: DATE: APPROVED AS TO FORM Names and address to which billing(s) will be mailed: Revised 10/17/07 -4- LS-2 & LS-3 LICENSE AGREEMENT THIS LICENSE AGREEMENT (this "License Agreement"), is made and entered into this day of , 2009, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation, (hereinafter called "Company") and the City of San Jacinto, a political subdivision of the State of California, (hereinafter called "City"). WHEREAS, City has jurisdiction of certain streets and highways and has the right to regulate the use of such highways. WHEREAS, Company has installed Company -owned composite, concrete, and steel street light poles ("Poles") at various locations within said City at the request of City. WHEREAS, City desires a license to place non -electrified traffic regulating signs, American flags, and Neighborhood Watch signs, banners and related appurtenances on said Poles. WHEREAS, Company shall permit City to install non -electrified traffic regulating signs, American flags, Neighborhood Watch signs, banners and related appurtenances on said Poles under this License Agreement. NOW THEREFORE, in consideration of the mutual understandings and obligations of the parties as hereinafter set forth, Company and City hereby agree as follows: 1. Company hereby, subject to the terns and conditions provided in this License Agreement, licenses and permits City or City's authorized agent to install, maintain, use, repair, renew, and remove non -electrified traffic regulating signs, American flags, Neighborhood Watch signs and other city — sponsored event banners and related appurtenances (collectively referred to as "Attachments") on the Poles in accordance with the following: -1- License Agreement A. Attachment shall be secured by means of stainless steel straps. B. No holes shall be punched, drilled, or burned in any Poles C. All Attachments shall be mounted so as to provide adequate clearance from traffic, pedestrians, and from all electrical facilities, and secured to Poles to avoid dislodging. D. The total surface area of all Attachments on any one Pole shall not exceed 18 square feet at any one time. E. Banners for use on poles in high wind areas (90 mph) must be mounted with break- away, or bend -away banner supports. F. No Attachment shall be suspended between Poles or between Poles and structures. G. No Attachment shall be installed on any wooden Poles. H. No Corporate Trademarks, Logos or other corporate identifiers shall be allowed on the City sponsored barriers. 2. Except as otherwise herein provided, the use by City of such Pole as herein provided for shall be without charge. City and/or City's agent shall not derive any revenues in connection with the license issued hereby that exceeds the direct expenses incurred in generating such revenues. City and/or City's agent shall maintain complete and accurate records in accordance with generally accepted methods of accounting for all transactions involving payment from a third -party for placement of an Attachment for three (3) years after the corresponding payment. Company shall have access to such records, upon reasonable notice, for the purposes of audit during nornal business hours, for so long as such records are required to be maintained. License Agreement 3. The Attachments shall be installed and maintained by City, or City's authorized agent, in a safe and workman -like manner in compliance with all applicable laws, riles, regulations, ordinances, including but not limited to General Order No. 95 of the Public Utilities Commission of the State of California. 4. Should Company, in its sole and absolute discretion, determine that it is necessary to relocate or replace a Pole on which a City -owned Attachment is in place, City or City's agent shall, upon reasonable notice from Company promptly relocate, replace or transfer said Attachment to a substitute Pole, if any, as required at City's sole cost and expense. 5. City shall indemnify and hold harmless Company against all losses, expenses, claims, actions, causes of action, damages, costs or liabilities, directly or proximately resulting from or caused by the installation, placement, use, presence, operation, maintenance, and/or removal of said Attachments on any Poles, as herein provided. The termination of this License agreement shall not relieve City of any liabilities which occurred prior thereto or which are occurring at that time. This paragraph shall not be construed to impose liability on either the Company or the City, in favor of any third party, unless such liability would have existed in the absence of this paragraph. 6. The failure of Company to enforce any provision of this License Agreement, or the waiver thereof, shall not be construed as a general waiver or relinquishment on its part of any such provisions; however, the same shall nevertheless remain in full force and effect. 7. This License Agreement shall continue in effect for a tern of one (1) year from the date hereof and from year to year thereafter, unless terminated sooner. This License Agreement may be terminated by either party hereto by written notice given not less than sixty (60) days prior to the intended termination. In the event of such termination, City shall remove all of said Attachments from the Poles prior to the termination of this License Agreement. 8. This License Agreement shall not be assignable by City. -3- License Agreement IN WITNESS WHEREOF, City and Company have executed this License Agreement by and through their respective officers thereunto authorized as of the day and year first herein above written. CUSTOMER: COMPANY: CITY COUNCIL OF THE CITY OF SAN JACINTO ACTING FOR AND ON BEHALF OF THE CITY OF SAN JACINTO BY: TITLE: ATTEST: TITLE: APPROVED AS TO FORM SOUTHERN CALIFORNIA EDISON COMPANY BY: TITLE: ATTEST: TITLE: DATE: -4- License Agreement APPLICATION AND CONTRACT FOR STREET LIGHTING SERVICE UTILITY -OWNED SYSTEM SCHEDULE NO. LS-1 THIS AGREEMENT, is made this day of , 2009, by and between the SOUTHERN CALIFORNIA EDISON COMPANY, a California public utility corporation, hereinafter designated as "Company", and the City of San Jacinto, a political subdivision of the State of California, hereinafter designated "Customer". Customer hereby requests the Company to deliver electric energy and to supply street lighting, which includes the street light poles for attachment of luminaires, equipment, and pertinent electric service connections, to and for the facilities and locations shown on Company's street light inventory maps, which are available to be reviewed upon request. CUSTOMER AND COMPANY AGREE AS FOLLOWS: 1. The parties hereto agree that the initial term of this contract shall be for a period of three (3) years commencing , 2009. Upon the expiration of the initial term of this contract, it shall be extended automatically thereafter for successive terms of one year each, provided that this contract may be terminated at the end of the original or any extended term by either party upon not less than sixty (60) days written notice prior to the expiration of such term. Customer agrees to take and pay for said service under the rates and provisions of Schedule No. LS-1, marked Exhibit "A", attached hereto and made a part hereof, commencing on the date customer requests the individual light or street light system to be energized, or as soon thereafter as the Company is reasonably able to supply said service subject also to the provisions of Condition 6 hereof. Revised 10-17-07 -1- LS-1 3. Company agrees to furnish street lighting service in accordance with Schedule No. LS-1 and Exhibit "A", and other exhibits which may form a part of this contract. The ownership of said street light poles, equipment, and electric service connections shall at all times be and remain the property of the Company. 4. Should Customer elect to have other than a standard installation, Customer shall pay the estimated difference in cost installed between such installation and a standard installation. The difference in cost installed for such an installation is determined annually by the Company, effective July 1. Where mutually agreed upon, and in accordance with Company's specifications, the excavating, backfilling, and restoring of pavement for an underground installation may be furnished by the Customer in lieu of payment therefor. 5. Cornpany has reviewed the right-of-way for the street lighting system as of the effective date of this contract. Company has determined that no additional right-of-way is necessary for the operation and maintenance of the system. In the event the Customer requests modifications to the presently existing system, additional right-of-way may be required. In the event of Customer -requested system modifications, Customer agrees to acquire, as may in Company's discretion be required, the necessary exclusive easements for the Company from owners of private property at Customer's cost and expense. 6. Customer agrees to pay such rates, and to be governed by the terms, set forth in the Company's tariffs, including but not restricted to, Schedule No. L5-1, on file with the Public Utilities Commission of the State of California, and any changes or modifications thereof as may be authorized by said Cornrnission. 7. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in exercise of its jurisdiction. Revised 10-17-07 -2- LS-1 8. Termination of this contract shall not affect the obligations or liabilities of either of the parties hereto accruing at such date of termination. Company shall have the right to remove or abandon in place Company -owned street lighting facilities, wholly or in part, upon expiration of this contract or of any extension thereof. 9. The parties hereto agree that any changes, deletions, modifications or additions to the street lighting provided under this contract shall mutually be agreed upon in writing. All other provisions of this contract shall remain in effect. 10. All poles, wires and electrical appurtenances installed by Company in furnishing service under this agreement, shall be so placed as to work the least possible public and private inconvenience. 11. If Company shall be prevented by strikes, by order of court, by public authority, by order of the Commission or other causes beyond the control of the parties hereto, or any of them, from furnishing the service herein provided for, it shall not be liable in damages to Customer for such failure but a proportionate reduction in the amounts payable to Company by Customer for street lighting service hereunder, based on the period of suspension of such service, shall be made in case of such failure. 12. Customer agrees to hold harmless and indemnify Company, its successors and assignees, from and against all claims, liens, encumbrances, actions, loss, damage, causes of action, expense and''or liability arising from loss or damage to property or injury to or death of persons resulting by reason of any interruption or modification of service requested by Customer. 13. Company agrees to hold harmless and indemnify Customer, its successors and assignees, from and against all claims, hens, encumbrances, actions, loss, damage, causes of action, expense and/or liability arising from loss or damage to property or injury to or death of persons as a result of any interruption or modification of service caused by negligent or willful actions of Company. Revised 10-17-07 -3- LS-1 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed for and on behalf of each by their duly authorized agents, partners, or corporate officers, as of the day and year first above written. CUSTOMER: COMPANY: COUNCIL OF THE CITY OF ALHAMBRL ACTING FOR AND ON BEHALF OF THE CITY OF SAN .IACINTO SOUTHERN CALIFORNIA EDISON COMPANY BY: BY: Title: Title: ATTEST: ATTEST: Title: Title: DATE: DATE: Names and address to which billing(s) will be mailed: Revised 10-17-07 -4- LS-1 APPLICATION AND CONTRACT FOR STREET LIGHTING SERVICE CUSTOMER -OWNED SYSTEM SCHEDULE NOS. LS-2 AND LS-3 THIS AGREEMENT, made this day of , 2009, by and between the SOUTHERN CALIFORNIA EDISON COMPANY, a corporation hereinafter designated as "Company", and the City of San Jacinto, in the County of Riverside, State of California, hereinafter designated "Customer". Customer hereby requests the Company to enter into an agreement to supply and deliver electric energy from Company's distribution system to illuminate the Customer -owned street lights. CUSTOMER AND COMPANY HERETO AGREE AS FOLLOWS: 1. This agreement shall be for a period of three (3) years, commencing , 2009. Both parties hereto agree that upon expiration of the initial term of this agreement, it shall be extended automatically thereafter in successive terms of one year each, provided that this contract may be terminated at the end of the original or any extended term by either party upon not less than sixty (60) days written notice prior to the expiration of such term. 2. Company agrees to supply and deliver electric energy service and Customer agrees to take and pay for said service so supplied at each point of delivery under provisions of Schedule Nos. LS- 2 and/or LS-3. A copy of said schedule(s) is attached hereto, marked Exhibit "A" and made a part hereof. 3. Customer will by means of street lighting circuit maps and a suunmary thereof, periodically report number, location, size and type of Customer -owned street lights to Company for billing, statistical reporting and load information. A copy of said maps and summary thereof is marked Exhibit "B" and attached hereto and by this reference made a part hereof. Revised 10/17/07 -1- LS-2 & LS-3 4. Customer agrees to pay such rates and to be governed by the terms set forth in the Company's tariffs, including, but not restricted to, Schedule Nos. LS-2 and/or LS-3, on file with the Public Utilities Commission of the State of California and any changes or modifications thereof as may be authorized by said Commission. 5. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in the exercise of its jurisdiction. 6. Company agrees to install any and all required meters in accordance with provisions of Schedule No. LS-3. Upon approval by the applicable agency, said meter(s) shall be set in Customer's meter cabinet(s) or other places acceptable to Company at location(s) mutually agreed upon. 7. It is understood and agreed that all poles, wires and other appurtenances supplied and used by the Company in furnishing the service herein provided for, shall at all times be and remain the property of the Company, and the Company shall have the right to remove the same upon expiration of this contract or any renewal thereof. 8. All poles, wires and electrical appurtenances installed by Company in furnishing service under this agreement, shall be so placed as to work the least possible public and private inconvenience. 9. Company has reviewed the right-of-way for the street lighting system as of the effective date of this contract. Company has determined that no additional right-of-way is necessary for the operation and maintenance of the system. In the event the Customer requests modifications to the presently existing system, additional right-of-way may be required. In the event of Customer -requested system modifications, Customer agrees to acquire, as may in Company's discretion be required, the Revised 10/17/07 LS-2 & LS-3 necessary exclusive easements for the Company from owners of private property at Customer's cost and expense. 10. If Company shall be prevented by strikes, by order of court, by public authority. by order of the Commission or other causes beyond the control of the parties hereto, or any of them, from furnishing the service herein provided for, it shall not be liable in damages to Customer for such failure. In case of such failure, a proportionate reduction in the amounts payable to Company by Customer for street lighting service hereunder, based on the period of suspension of such service, shall be made in case of such failure. 11. Optional relamp service to Customer under the rates and provisions of Schedule Nos. LS-2 and/or LS-3 is available upon written request. Customer taking optional relamp service under these schedules shall provide circuit maps and a summary thereof indicating the number, location, type and size of those street lights to be serviced by Company. 12. Customer agrees to hold harmless and indemnify Company, its successors and assignees, from and against all claims, liens, encumbrances, actions, loss, damage, causes of action, expense and/or liability arising from or resulting from loss or damage to property or injury to or death of persons resulting by reason of any interruption or modification of service requested by Customer. 13. Company agrees to hold harmless and indemnify Customer, its successors and assignees, from and against all claims, liens, encumbrances, actions, loss, damage, causes of action, expense and/or liability arising from loss or damage to property or injury to or death of persons as a result of any interruption or modification of service caused by negligent or willful actions of Company. Revised 10/17/07 -3- LS-2 & LS-3 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed for and on behalf of each by their duly authorized agents, partners, or corporate officers, as of the day and year first above written. CUSTOMER: COMPANY: CITY COUNCIL OF THE CITY OF SAN JACINTO ACTING FOR AND ON BEHALF OF THE CITY OF SAN JACINTO SOUTHERN CALIFORNIA EDISON COMPANY BY: BY: Title: Title: ATTEST: ATTEST: Title: Title: DATE: DATE: APPROVED AS TO FORM Names and address to which billing(s) will be mailed: Revised 10/17/07 -4- LS-2 & LS-3 LICENSE AGREEMENT THIS LICENSE AGREEMENT (this "License Agreement"), is made and entered into this day of , 2009, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation, (hereinafter called "Company") and the City of San Jacinto, a political subdivision of the State of California, (hereinafter called "City"). WHEREAS, City has jurisdiction of certain streets and highways and has the right to regulate the use of such highways. WHEREAS, Company has installed Company -owned composite, concrete, and steel street light poles ("Poles") at various locations within said City at the request of City. WHEREAS, City desires a license to place non -electrified traffic regulating signs, American flags, and Neighborhood Watch signs, banners and related appurtenances on said Poles. WHEREAS, Company shall permit City to install non -electrified traffic regulating signs, American flags, Neighborhood Watch signs, banners and related appurtenances on said Poles under this License Agreement. NOW THEREFORE, in consideration of the mutual understandings and obligations of the parties as hereinafter set forth, Company and City hereby agree as follows: 1. Company hereby, subject to the terms and conditions provided in this License Agreement, licenses and permits City or City's authorized agent to install, maintain, use, repair, renew, and remove non -electrified traffic regulating signs, American flags, Neighborhood Watch signs and other city — sponsored event banners and related appurtenances (collectively referred to as "Attachments") on the Poles in accordance with the following: -1- License Agreement A. Attachment shall be secured by means of stainless steel straps. B. No holes shall be punched, drilled, or burned in any Poles C. All Attachments shall be mounted so as to provide adequate clearance from traffic, pedestrians, and from all electrical facilities, and secured to Poles to avoid dislodging. D. The total surface area of all Attachments on any one Pole shall not exceed 18 square feet at any one time. E. Banners for use on poles in high wind areas (90 mph) must be mounted with break- away, or bend -away banner supports. F. No Attachment shall be suspended between Poles or between Poles and structures. G. No Attachment shall be installed on any wooden Poles. H. No Corporate Trademarks, Logos or other corporate identifiers shall be allowed on the City sponsored banners. ?. Except as otherwise herein provided, the use by City of such Pole as herein provided for shall be without charge. City and/or City's agent shall not derive any revenues in connection with the license issued hereby that exceeds the direct expenses incurred in generating such revenues. City and/or City's agent shall maintain complete and accurate records in accordance with generally accepted methods of accounting for all transactions involving payment from a third -party for placement of an Attachment for three (3) years after the corresponding payment. Company shall have access to such records, upon reasonable notice, for the purposes of audit during normal business hours, for so long as such records are required to be maintained. -7- License Agreement 3. The Attachments shall be installed and maintained by City, or City's authorized agent, in a safe and workman -like manner in compliance with all applicable laws, rules, regulations, ordinances, including but not limited to General Order No. 95 of the Public Utilities Commission of the State of California. 4. Should Company, in its sole and absolute discretion, determine that it is necessary to relocate or replace a Pole on which a City -owned Attachment is in place, City or City's agent shall, upon reasonable notice from Company promptly relocate, replace or transfer said Attachment to a substitute Pole, if any, as required at City's sole cost and expense. 5. City shall indemnify and hold harmless Company against all losses, expenses, claims, actions, causes of action, damages, costs or liabilities, directly or proximately resulting from or caused by the installation, placement, use, presence, operation, maintenance, and/or removal of said Attachments on any Poles, as herein provided. The termination of this License agreement shall not relieve City of any liabilities which occurred prior thereto or which are occurring at that time. This paragraph shall not be construed to impose liability on either the Company or the City, in favor of any third party, unless such liability would have existed in the absence of this paragraph. 6. The failure of Company to enforce any provision of this License Agreement, or the waiver thereof, shall not be construed as a general waiver or relinquishment on its part of any such provisions; however, the same shall nevertheless remain in full force and effect. 7. This License Agreement shall continue in effect for a teen of one (1) year from the date hereof and from year to year thereafter, unless teuninated sooner. This License Agreement may be teiiuinated by either party hereto by written notice given not less than sixty (60) days prior to the intended termination. In the event of such termination, City shall remove all of said Attachments from the Poles prior to the termination of this License Agreement. 8. This License Agreement shall not be assignable by City. -3- License Agreement IN WITNESS WHEREOF, City and Company have executed this License Agreement by and through their respective officers thereunto authorized as of the day and year first herein above written. CUSTOMER: COMPANY: CITY COUNCIL OF THE CITY OF SAN JACINTO ACTING FOR AND ON BEHALF OF THE CITY OF SAN JACINTO SOUTHERN CALIFORNIA EDISON COMPANY BY: BY: TITLE: TITLE: ATTEST: ATTEST: TITLE: TITLE: APPROVED AS TO FORM DATE: -4- Llcense Agreement APPLICATION AND CONTRACT FOR STREET LIGHTING SERVICE CUSTOMER -OWNED SYSTEM SCHEDULE NOS. LS-2 AND LS-3 TIIIS AGREEMENT, made this day of , 2009, by and between the SOUTHERN CALIFORNIA EDISON COMPANY, a corporation hereinafter designated as "Company", and the City of San Jacinto, in the County of Riverside, State of California, hereinafter designated "Customer". Customer hereby requests the Company to enter into an agreement to supply and deliver electric energy from Company's distribution system to illuminate the Customer -owned street lights. CUSTOMER AND COMPANY HERETO AGREE AS FOLLOWS: 1. This agreement shall be for a period of three (3) years, commencing , 2009, Both parties hereto agree that upon expiration of the initial term of this agreement, it shall be extended automatically thereafter in successive terms of one year each, provided that this contract may be terminated at the end of the original or any extended term by either party upon not less than sixty (60) days written notice prior to the expiration ot'such term. 2. Company agrees to supply and deliver electric energy service and Customer agrees to take and pay for said service so supplied at each point of delivery under provisions of Schedule Nos. LS- 2 and/or LS-3. A copy of said schedule(s) is attached hereto, marked Exhibit "A" and made a part hereof. 3. Customer will by means of street lighting circuit maps and a summary thereof, periodically report number, location, size and type of Customer -owned street lights to Company for billing, statistical reporting and load information. A copy of said maps and summary thereof is marked Exhibit "B" and attached hereto and by this reference made a part hereof. Revised 10/17/07 -1- LS-2 & LS-3 4. Customer agrees to pay such rates and to be governed by the terms set forth in the Company's tariffs, including, but not restricted to, Schedule Nos. LS-2 and/or LS-3, on file with the Public Utilities Commission of the State of California and any changes or modifications thereof as may be authorized by said Commission. 5. 'Phis contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in the exercise of its jurisdiction. 6. Company agrees to install any and all required meters in accordance with provisions of Schedule No. LS-3. Upon approval by the applicable agency, said meter(s) shall be set in Customer's meter cabinet(s) or other places acceptable to Company at location(s) mutually agreed upon. 7. It is understood and agreed that all poles, wires and other appurtenances supplied and used by the Company in furnishing the service herein provided for, shall at all times be and remain the property of the Company, and the Company shall have the right to remove the same upon expiration of this contract or any renewal thereof. 8. All poles, wires and electrical appurtenances installed by Company in furnishing service under this agreement, shall be so placed as to work the least possible public and private inconvenience. 9. Company has reviewed the right-of-way for the street lighting system as of the effective date of this contract. Company has determined that no additional right-of-way is necessary for the operation and maintenance of the system. In the event the Customer requests modifications to the presently existing system, additional right-of-way may be required. In the event of Customer -requested system modifications, Customer agrees to acquire, as may in Company's discretion be required, the Revised 10/17/07 -2- LS 2 & LS-3 necessary exclusive easements for the Company fromowners of private property at Customer's cost and expense. 10. If Company shall be prevented by strikes, by order of court, by public authority, by order of the Commission or other causes beyond the control of the parties hereto, or any of them, from furnishing the service herein provided for, it shall not be liable in damages to Customer for such failure. In case of such failure, a proportionate reduction in the amounts payable to Company by Customer for street lighting service hereunder, based on the period of suspension of such service, shall be made in case of such failure. 11. Optional relamp service to Customer under the rates and provisions of Schedule Nos. LS-2 and/or LS-3 is available upon written request. Customer taking optional relamp service under these schedules shall provide circuit maps and a suirunary thereof indicating the number, location, type and size of those street lights to be serviced by Company. 12. Customer agrees to hold harmless and indemnify Company, its successors and assignees, from and against all claims, liens, encumbrances, actions, loss, damage, causes of action, expense and/or liability arising from or resulting from loss or damage to property or injury to or death of persons resulting by reason of any interruption or modification of service requested by Customer. 13. Company agrees to hold harness and indemnify Customer, its successors and assignees, from and against all claims, liens, encumbrances, actions, loss, damage, causes of action, expense and/or liability arising from loss or damage to property or injury to or death of persons as a result of any interruption or modification of service caused by negligent or willful actions of Company. Revised l0/17/07 -3- LS-2 & LS-3 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed for and on behalf of each by their duly authorized agents, partners, or corporate officers, as of the day and year first above written. CUSTOMER: COMPANY: CITY COUNCIL OF THE SOUTHERN CALIFORNIA EDISON CITY OF SAN JACINTO ACTING FOR AND ON BEHALF OF THE CITY OF SAN JACINTO COMPANY BY: BY: Title: Title: ATTEST: ATTEST: Title: 'I'it1e: DATE: DATE: APPROVED AS TO FORM Names and address to which billing(s) will be mailed: Revised 10/17/07 -4- LS-2 & LS-3 APPLICATION AND CONTRACT FOR STREET LIGHTING SERVICE UTILITY -OWNED SYSTEM SCHEDULE NO. LS-1 THIS AGREEMENT, is made this day of , 2009, by and between the SOUTHERN CALIFORNIA EDISON COMPANY, a California public utility corporation, hereinafter designated as "Company", and the City of San Jacinto, a political subdivision of the State of California, hereinafter designated "Customer". Customer hereby requests the Company to deliver electric energy and to supply street lighting, which includes the street light poles for attachment of luminaires, equipment, and pertinent electric service connections, to and for the facilities and locations shown on Company's street light inventory maps, which are available to be reviewed upon request. CUSTOMER AND COMPANY AGREE AS FOLLOWS: 1. The parties hereto agree that the initial term of this contract shall be for a period of three (3) years commencing , 2009. Upon the expiration of the initial term of this contract, it shall be extended automatically thereafter for successive terms of one year each, provided that this contract may be terminated at the end of the original or any extended term by either party upon not less than sixty (60) days written notice prior to the expiration of such terns. 2. Customer agrees to take and pay for said service under the rates and provisions of Schedule No. LS-1, marked Exhibit "A", attached hereto and made a part hereof, commencing on the date customer requests the individual light or street light system to be energized, or as soon thereafter as the Company is reasonably able to supply said service subject also to the provisions of Condition 6 hereof. Revised 10-17-07 -1- LS-1 3. Company agrees to furnish street lighting service in accordance with Schedule No. LS-1 and Exhibit "A", and other exhibits which may form a part of this contract. The ownership of said street light poles, equipment, and electric service connections shall at all times be and remain the property of the Company. 4. Should Customer elect to have other than a standard installation, Customer shall pay the estimated difference in cost installed between such installation and a standard installation. The difference in cost installed for such an installation is determined annually by the Company, effective July 1. Where mutually agreed upon, and in accordance with Company's specifications, the excavating, backfilling, and restoring of pavement for an underground installation may be furnished by the Customer in lieu of payment therefor. 5. Company has reviewed the right-of-way for the street lighting system as of the effective date of this contract. Company has determined that no additional right-of-way is necessary for the operation and maintenance of the system. In the event the Customer requests modifications to the presently existing system, additional right-of-way may be required. In the event of Customer -requested system modifications, Customer agrees to acquire, as may in Company's discretion be required, the necessary exclusive easements for the Company from owners of private property at Customer's cost and expense. 6. Customer agrees to pay such rates, and to be governed by the terms, set forth in the Company's tariffs, including but not restricted to, Schedule No. LS-1, on file with the Public Utilities Commission of the State of California, and any changes or modifications thereof as may be authorized by said Commission. 7. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in exercise of its jurisdiction. Revised 10-17-07 LS-1 8. Termination of this contract shall not affect the obligations or liabilities of either of the parties hereto accruing at such date of termination. Company shall have the right to remove or abandon in place Company -owned street lighting facilities, wholly or in part, upon expiration of this contract or of any extension thereof. 9. The parties hereto agree that any changes, deletions, modifications or additions to the street lighting provided under this contract shall mutually be agreed upon in writing. All other provisions of this contract shall remain in effect. 10. All poles, wires and electrical appurtenances installed by Company in furnishing service under this agreement, shall be so placed as to work the least possible public and private inconvenience. 11. If Company shall be prevented by strikes, by order of court, by public authority, by order of the Commission or other causes beyond the control of the parties hereto, or any of them, from furnishing the service herein provided for, it shall not be liable in damages to Customer for such failure but a proportionate reduction in the amounts payable to Company by Customer for street lighting service hereunder, based on the period of suspension of such service, shall be made in case of such failure. 12. Customer agrees to hold harmless and indemnify Company, its successors and assignees, from and against all claims, liens, encumbrances, actions, loss, damage, causes of action, expense and/or liability arising from loss or damage to property or injury to or death of persons resulting by reason of any interruption or modification of service requested by Customer. 13. Company agrees to hold harmless and indemnify Customer, its successors and assignees, from and against all claims, liens, encumbrances, actions, loss, damage, causes of action, expense and/or liability arising from loss or damage to property or injury to or death of persons as a result of any interruption or modification of service caused by negligent or willful actions of Company. Revised 10-17-07 -3- LS-1 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed for and on behalf of each by their duly authorized agents, partners, or corporate officers, as of the day and year first above written. CUSTOMER: COMPANY: COUNCIL OF THE CITY OF ALHAMBRA ACTING FOR AND ON BEHALF OF THE CITY OF S_AN JACINTO SOUTHERN CALIFORNIA EDISON COMPANY BY: BY: Title: Title: ATTEST: ATTEST: Title: Title: DATE: DATE: Names and address to which billing(s) will be mailed: Revised 10-17-07 -4- LS-1 APPLICATION AND CONTRACT FOR STREET LIGHTING SERVICE UTILITY -OWNED SYSTEM SCHEDULE NO. LS-1 THIS AGREEMENT, is made this day of , 2009, by and between the SOUTHERN CALIFORNIA EDISON COMPANY, a California public utility corporation, hereinafter designated as "Company", and the City of San Jacinto, a political subdivision of the State of California, hereinafter designated "Customer". Customer hereby requests the Company to deliver electric energy and to supply street lighting, which includes the street light poles for attachment of luminaires, equipment, and pertinent electric service connections, to and for the facilities and locations shown on Company's street light inventory maps, which are available to be reviewed upon request. CUSTOMER AND COMPANY AGREE AS FOLLOWS: 1. The parties hereto agree that the initial term of this contract shall be for a period of three (3) years commencing , 2009. Upon the expiration of the initial term of this contract, it shall be extended automatically thereafter for successive terms of one year each, provided that this contract may be terminated at the end of the original or any extended term by either party upon not less than sixty (60) days written notice prior to the expiration of such term. 2. Customer agrees to take and pay for said service under the rates and provisions of Schedule No. LS-1, marked Exhibit "A", attached hereto and made a part hereof, commencing on the date customer requests the individual light or street light system to be energized, or as soon thereafter as the Company is reasonably able to supply said service subject also to the provisions of Condition 6 hereof. Revised 10-17-07 -1- LS-1 3. Company agrees to furnish street lighting service in accordance with Schedule No. LS-1 and Exhibit "A", and other exhibits which may form a part of this contract. The ownership of said street light poles, equipment, and electric service connections shall at all times be and remain the property of the Company. 4. Should Customer elect to have other than a standard installation, Customer shall pay the estimated difference in cost installed between such installation and a standard installation. The difference in cost installed for such an installation is determined annually by the Company, effective July 1. Where mutually agreed upon, and in accordance with Company's specifications, the excavating, backfilling, and restoring of pavement for an underground installation may be furnished by the Customer in lieu of payment therefor. 5. Company has reviewed the right-of-way for the street lighting system as of the effective date of this contract. Company has determined that no additional right-of-way is necessary for the operation and maintenance of the system. In the event the Customer requests modifications to the presently existing system, additional right-of-way may be required. In the event of Customer -requested system modifications, Customer agrees to acquire, as may in Company's discretion be required, the necessary exclusive easements for the Company from owners of private property at Customer's cost and expense. 6. Customer agrees to pay such rates, and to be governed by the terms, set forth in the Company's tariffs, including but not restricted to, Schedule No. LS-1, on file with the Public Utilities Commission of the State of California, and any changes or modifications thereof as may be authorized by said Commission. 7. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in exercise of its jurisdiction. Revised 10-17-07 LS-1 8. Termination of this contract shall not affect the obligations or liabilities of either of the parties hereto accruing at such date of termination. Company shall have the right to remove or abandon in place Company -owned street lighting facilities, wholly or in part, upon expiration of this contract or of any extension thereof. 9. The parties hereto agree that any changes, deletions, modifications or additions to the street lighting provided under this contract shall mutually be agreed upon in writing. All other provisions of this contract shall remain in effect. 10. All poles, wires and electrical appurtenances installed by Company in furnishing service under this agreement, shall be so placed as to work the least possible public and private inconvenience. 11. If Company shall be prevented by strikes, by order of court, by public authority, by order of the Commission or other causes beyond the control of the parties hereto, or any of them, from furnishing the service herein provided for, it shall not be liable in damages to Customer for such failure but a proportionate reduction in the amounts payable to Company by Customer for street lighting service hereunder, based on the period of suspension of such service, shall be made in case of such failure. 12. Customer agrees to hold harmless and indemnify Company, its successors and assignees, from and against all claims, liens, encumbrances; actions, loss, damage, causes of action; expense and/or liability arising from loss or damage to property or injury to or death of persons resulting by reason of any interruption or modification of service requested by Customer. 13. Company agrees to hold harmless and indemnify Customer, its successors and assignees, from and against all claims, liens, encumbrances, actions, loss, damage, causes of action, expense andlor liability arising from loss or damage to property or injury- to or death of persons as a result of any interruption or modification of service caused by negligent or willful actions of Company. Revised 10-17-07 -3- LS-1 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed for and on behalf of each by their duly authorized agents, partners, or corporate officers, as of the day and year first above written. CUSTOMER: COMPANY: COUNCIL OF THE CITY OF ALHAMBRA ACTING FOR AND ON BEHALF OF THE CITY OF SAN JACINTO SOUTHERN CALIFORNIA EDISON COMPANY BY: BY: Title: Title: ATTEST: ATTEST: Title: Title: DATE: DATE: Names and address to which billing(s) will be mailed: Revised 10-17-07 -4- LS-1 APPLICATION AND CONTRACT FOR STREET LIGHTING SERVICE CUSTOMER -OWNED SYSTEM SCHEDULE NOS. LS-2 AND LS-3 THIS AGREEMENT, made this day of , 2009, by and between the SOUTHERN CALIFORNIA EDISON COMPANY, a corporation hereinafter designated as "Company", and the City of San Jacinto, in the County of Riverside, State of California, hereinafter designated "Customer". Customer hereby requests the Company to enter into an agreement to supply and deliver electric energy from Company's distribution system to illuminate the Customer -owned street lights. CUSTOMER AND COMPANY HERETO AGREE AS FOLLOWS: 1. This agreement shall be for a period of three (3) years, commencing , 2009. Both parties hereto agree that upon expiration of the initial term of this agreement, it shall be extended automatically thereafter in successive terms of one year each, provided that this contract may be terminated at the end of the original or any extended term by either party upon not less than sixty (60) days written notice prior to the expiration of such term. 2. Company agrees to supply and deliver electric energy service and Customer agrees to take and pay for said service so supplied at each point of delivery under provisions of Schedule Nos. LS- 2 andlor LS-3. A copy of said schedule(s) is attached hereto, marked Exhibit "A" and made a part hereof. 3. Customer will by means of street lighting circuit maps and a summary thereof, periodically report number, location, size and type of Customer -owned street lights to Company for billing, statistical reporting and load information. A copy of said maps and summary thereof is marked Exhibit "B" and attached hereto and by this reference made a part hereof. Revised 10,17/07 -1- LS-2 & LS-3 4. Customer agrees to pay such rates and to be governed by the terns set forth in the Company's tariffs, including, but not restricted to, Schedule Nos. LS-2 and/or LS-3, on file with the Public Utilities Commission of the State of California and any changes or modifications thereof as may be authorized by said Commission. 5. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Conunission may, from time to time, direct in the exercise of its jurisdiction. 6. Company agrees to install any and all required meters in accordance with provisions of Schedule No. LS-3. Upon approval by the applicable agency, said meter(s) shall be set in Customer's meter cabinet(s) or other places acceptable to Company at location(s) mutually agreed upon. 7. It is understood and agreed that all poles, wires and other appurtenances supplied and used by the Company in furnishing the service herein provided for, shall at all times be and remain the property of the Company, and the Company shall have the right to remove the same upon expiration of this contract or any renewal thereof. 8. All poles, wires and electrical appurtenances installed by Company in furnishing service under this agreement, shall be so placed as to work the least possible public and private inconvenience. 9. Company has reviewed the right-of-way for the street lighting system as of the effective date of this contract. Company has determined that no additional right-of-way is necessary for the operation and maintenance of the system. In the event the Customer requests modifications to the presently existing system, additional right-of-way may be required. In the event of Customer -requested system modifications, Customer agrees to acquire, as may in Company's discretion be required, the Revised 10/17/07 LS-2 & LS-3 necessary exclusive easements for the Company from owners of private property at Customer's cost and expense. 10. If Company shall be prevented by strikes, by order of court, by public authority, by order of the Commission or other causes beyond the control of the parties hereto, or any of them, from furnishing the service herein provided for, it shall not be liable in damages to Customer for such failure. In case of such failure, a proportionate reduction in the amounts payable to Company by Customer for street lighting service hereunder, based on the period of suspension of such service, shall be made in case of such failure. 11. Optional relamp service to Customer under the rates and provisions of Schedule Nos. LS-2 and/or LS-3 is available upon written request. Customer taking optional relamp service under these schedules shall provide circuit maps and a summary thereof indicating the number, location, type and size of those street lights to be serviced by Company. 12. Customer agrees to hold harmless and indemnify Company, its successors and assignees, from and against all claims, liens, encumbrances, actions, loss, damage, causes of action, expense and/or liability arising from or resulting from loss or damage to property or injury to or death of persons resulting by reason of any interruption or modification of service requested by Customer. 13. Company agrees to hold harmless and indemnify Customer, its successors and assignees, from and against all claims, liens, encumbrances, actions, loss, damage, causes of action, expense and/or liability arising from loss or damage to property or injury to or death of persons as a result of any interruption or modification of service caused by negligent or willful actions of Company. Revised 10/17/07 -3- LS 2 & LS-3 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed for and on behalf of each by their duly authorized agents, partners, or corporate officers, as of the day and year first above written. CUSTOMER: COMPANY: CITY COUNCIL OF THE SOUTHERN CALIFORNIA EDISON CITY OF SAN JACINTO ACTING FOR AND ON BEHALF OF THE CITY OF SAN JACINTO COMPANY BY: BY: Title: Title: ATTEST: ATTEST: Title: Title: DATE: DATE: APPROVED AS TO FORM Names and address to which billing(s) will be mailed: Revised 10/17/07 -4- LS-2 & LS-3 LICENSE AGREEMENT THIS LICENSE AGREEMENT (this "License Agreement"), is made and entered into this day of , 2009, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation, (hereinafter called "Company") and the City of San Jacinto, a political subdivision of the State of California, (hereinafter called "City"). WHEREAS, City has jurisdiction of certain streets and highways and has the right to regulate the use of such highways. WHEREAS, Company has installed Company -owned composite, concrete, and steel street light poles ("Poles") at various locations within said City at the request of City. WHEREAS, City desires a license to place non -electrified traffic regulating signs, American flags, and Neighborhood Watch signs, banners and related appurtenances on said Poles. WHEREAS, Company shall permit City to install non -electrified traffic regulating signs, American flags, Neighborhood Watch signs, banners and related appurtenances on said Poles under this License Agreement. NOW THEREFORE, in consideration of the mutual understandings and obligations of the parties as hereinafter set forth, Company and City hereby agree as follows: 1. Company hereby, subject to the teens and conditions provided in this License Agreement, licenses and permits City or City's authorized agent to install, maintain, use, repair, renew, and remove non -electrified traffic regulating signs, American flags, Neighborhood Watch signs and other city — sponsored event banners and related appurtenances (collectively referred to as "Attachments") on the Poles in accordance with the following: -I- License Agreement A. Attachment shall be secured by means of stainless steel straps. B. No holes shall be punched, drilled, or burned in any Poles C. All Attachments shall be mounted so as to provide adequate clearance from traffic, pedestrians, and from all electrical facilities, and secured to Poles to avoid dislodging. D. The total surface area of all Attachments on any one Pole shall not exceed 13 square feet at any one time. E. Banners for use on poles in high wind areas (90 mph) must be mounted with break- away, or bend -away banner supports. F. No Attachment shall be suspended between Poles or between Poles and structures. G. No Attachment shall be installed on any wooden Poles. H. No Corporate Trademarks, Logos or other corporate identifiers shall be allowed on the City sponsored banners. 2. Except as otherwise herein provided, the use by City of such Pole as herein provided for shall be without charge. City and/or City's agent shall not derive any revenues in connection with the license issued hereby that exceeds the direct expenses incurred in generating such revenues. City and/or City's agent shall maintain complete and accurate records in accordance with generally accepted methods of accounting for all transactions involving payment from a third -party for placement of an Attachment for three (3) years after the corresponding payment. Company shall have access to such records, upon reasonable notice, for the purposes of audit during noinial business hours, for so long as such records are required to be maintained. License Agreement 3. The Attachments shall be installed and maintained by City, or City's authorized agent, in a safe and workman -like manner in compliance with all applicable laws, rules, regulations, ordinances, including but not limited to General Order No. 95 of the Public Utilities Commission of the State of California. 4. Should Company, in its sole and absolute discretion, determine that it is necessary to relocate or replace a Pole on which a City -owned Attachment is in place, City or City's agent shall, upon reasonable notice from Company promptly relocate, replace or transfer said Attachment to a substitute Pole, if any, as required at City's sole cost and expense. 5. City shall indemnify and hold hatuiless Company against all losses, expenses, claims, actions, causes of action, damages, costs or liabilities, directly or proximately resulting from or caused by the installation, placement, use, presence, operation, maintenance, and/or removal of said Attachments on any Poles, as herein provided. The tenuination of this License agreement shall not relieve City of any liabilities which occurred prior thereto or which are occurring at that time. This paragraph shall not be construed to impose liability on either the Company or the City, in favor of any third party, unless such liability would have existed in the absence of this paragraph. 6. The failure of Company to enforce any provision of this License Agreement, or the waiver thereof, shall not be construed as a general waiver or relinquishment on its part of any such provisions; however, the same shall nevertheless remain in full force and effect. 7. This License Agreement shall continue in effect for a teen of one (1) year from the date hereof and from year to year thereafter, unless terminated sooner. This License Agreement may be terminated by either party hereto by written notice given not less than sixty (60) days prior to the intended termination. In the event of such termination, City shall remove all of said Attaclnnents from the Poles prior to the termination of this License Agreement. 8. This License Agreement shall not be assignable by City. -3- License Agreement IN WITNESS WHEREOF, City and Company have executed this License Agreement by and through their respective officers thereunto authorized as of the day and year first herein above written. CUSTOMER: COMPANY: CITY COUNCIL OF THE CITY OF SAN JACNTO ACTING FOR AND ON BEHALF OF THE CITY OF SAN JACINTO SOUTHERN CALIFORNIA EDISON COMPANY BY: BY: TITLE: TITLE: ATTEST: ATTEST: TITLE: TITLE: APPROVED AS TO FORM DATE: -4- License Agreement AGENDA TRANSMITTAL FORM TO: Rick Miller, Deputy City Clerk Enclosure: Staff Report for City Council meeting of May 7, 2009 Ratify Conditional Use Permit 1-09 x Consent Calendar Item (3.) Public Hearing Item (4.): Notice required yes _X no Copy attached yes no Published (date(s)) Notices sent (date(s)) Staff Reports Item (5.) x Attachments include: • Conditions of Approval • Planning Commission Resolution 09-08 ■ Planning Commission Staff Report • Site Plan package ■ Aerial Photo • Current Zoning Map Other: Please provide a fully executed copy of documents to: Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: CC presenter Asher Hartel, DATE: April 27, 2009 Mike Hasapes, Planning Technician S:\Community Development\PLANNER\David\CUP 01-09\May 7 CC Mtg\Agenda - TRANSMITTAL FORM.doc TO: FROM: SUBJECT: AGENDA ITEM May 7, 2009 The Honorable Mayor and Members of the City Council Mike Hasapes, Planning Technician Via Asher Hartel, Planning Director Ratification of Planning Commission approval of Conditional Use Permit 01-09 for a tenant improvement for a 2,294 square foot amusement center within the Ramona Crossings Center at 621 North State Street, Suite 3, RECOMMENDATION: Staff recommends that by motion the City Council: Ratify Planning Commission approval of Conditional Use Permit 01-09 subject to attached Conditions of Approval. BACKGROUND: On April 9, 2009 the Planning Commission, with a 5-0 vote, approved the above project consisting of a tenant improvement proposal to construct a 2,294 square foot amusement center within the Ramona Crossings Center at 621 North State Street, Suite 3. The applicant is intending to provide children and young adults ages 12 and up a place to play video games, do homework and socialize in an atmosphere that is positive and that keeps them off of the street as well as keep them from loitering in the parking lot of the shopping center. The parcel (APN 434-070-041) is located in the C-2 (General Commercial) Zone with a General Plan designation of CC (Community Commercial). DISCUSSION: A Conditional Use Permit is required based on the project location and number of gaming machines. Within the Zoning Ordinance (Article 2, Section 2.04) the definition for an arcade is as follows: Page 1 of 2 "A place of business where six (6) or more electronic, video or coin/token operated games are utilized for business profit and where said games are not ancillary to another principal use. Within 250 feet of any school, any business with 6 or more games as described above shall be deemed an arcade whether or not said games are ancillary to another principal use." The proposed use is located adjacent to the San Jacinto High School and its main source of income will be from the use of the video games. The use will include the selling of pre -packaged foods and beverages and no preparation of food is intended. The hours of operation, according to the letter of intent will be Monday through Thursday 12:00pm to 8:00pm, and Friday and Saturday 12:00pm until 11:00pm. Sunday will be reserved for parties and special events. Staff has added conditions that should the use become a nuisance, the City and the Police Chief have the ability to declare the use a nuisance and take steps to modify or revoke the Conditional Use Permit. The Planning Commission discussion and questioning of the applicant was lengthy. The applicant stated that the shopping center will have security cameras, and the Commission was satisfied that adequate security would be provided. No one spoke in opposition to the project. ALTERNATIVES: Continue CUP 01-09 and set a date for a public hearing FISCAL IMPACT: The approval of Conditional Use Permit 01-09 would provide an additional retail opportunity in an emerging commercially active area of the City, as well as additional sales tax revenue to the City generated by the future commercial use. ATTACHMENTS: ■ Conditions of Approval ■ Planning Commission Resolution 09-08 ■ Planning Commission Staff Report ■ Site Plan package ■ Aerial Photo ■ Current Zoning Map Page 2 of 2 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. Date of Preparation: 3/10/09 Applicant: Robert Torrales Location: NEC of Ramona Boulevard and Statz, reet General Conditions 1. This proposal for a 20-25 game ardil ith pre -packaged food and beverage sales located Mess than 250 feet from the San Jacinto High School, CUP 1-09, shall com ly with the development standards for the General Commercial (C-2) zo 2. The effective is ratified b improvernen upon which 3. e City s have n aiw„perm~ o facials, officers, actions or ro P this permit, and thout limitation`' edyby the nel wl caus onditi nal Use Permit is the date it e Conditional Use Permit will lapse if the d within two (2) years from the date approval. to indemnif'hold harmless, and defend the City, its s and employees, from any and all liability, claims, that may be brought arising out of its approval of any approvals associated with the project, including, ny CEQA review or approval, except to the extent igence of the City. 4. All plans sbtijtted to the City shall be in substantial conformance with the plans in this'approval. This condition applies to site plans, grading plans, landscape plans, building plans, elevations, and all other illustrations, text, or plans submitted to the City in connection with the project. 5. This use permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. Page 1 of 3 6. The Police Chief shall determine an un-acceptable number of calls for service to the project. If that number is exceeded, then the matter shall be subject to a Planning Commission hearing to initiate CUP revocation proceedings. 7. The business shall have lighting to provide illumination for security and safety of parking and access areas. 8. The premise shall be posted to indicate this it is unlawful for any person to loiter in any public place or posted premises. 9. The business shall be operated in such a manner that sound emitting from the premises shall not be audible beyond e boundaries on which it is located or from penetrating into adjoining f ase space Prior to issuance of a Building Permit 10. All signage shall be consistent wi conformance with the sign ordinan application approval by the Planning Depa 11. Prior to the issuance of a bui be prepared and approved b 12. Any propose as not to b' project. T shall be provi uarlcek o approves er Sign Program and in d shall require a separate ent prior to installation. f and Security plan shall artrridnt. goof -mounted equipment shall be completely screened so visible from any street or private property adjacent to the creeping shall be any°„integral part of the building; details nnin Department for review and approval prior bul ing permits. Any proposed change shall be reviewed inning Department. Conditions of Appro Building=and Safety Di General Con -09 rtment 13. All required ire Department vehicle access roads shall maintained in a passable condition at all times for emergency Fire Department use. Gates or other obstructions shall be approved by the Fire Department prior to construction. 14. All lumber scraps, combustible materials and other debris shall be picked up daily, or more often as required by the Building and Safety Department. 15. If water supply for fire hydrants is lost of if pressure is dramatically reduced, contact the City of San Jacinto, Building and Safety Department. Page 2 of 3 Prior to Issuance of a Building Permit 16. Prior to issuance of building permits, fire hydrants shall be tested, accepted and placed in service prior to any combustible material placed on the site. Hydrants shall be placed on all streets in and around all projects. 17. Prior to issuance of building permits, all locations where structures are to be built shall have approved Fire Department access roads (curb, gutter and all-weather surface), for 60,000 lbs GVW/traffic index of AC thickness of 0.25 feet, provided prior to construction. Prior to Occupancy 18. Prior to Certificates of Occupancy, specific address for each building shall be provided, shall be contrasting col irand background. Page 3 of 3 RESOLUTION NO. 09-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 1-09, A 2,294 SQUARE FOOT ARCADE WITHIN A 4,000 SQUARE FOOT BUILDING LOCATED AT 621 N. STATE STREET, SUITE 3, IN THE RAMONA CROSSING SHOPPING CENTER AT THE NORTHEAST CORNER OF THE RAMONA BOULEVARD AND STATE STREET: FILE NO. CUP 1-09. WHEREAS, Robert Torrales filed an application on February 20, 2009 for a Conditional Use Permit to construct a 2,294 square foot arcade within a 4,000 square foot building located adjacent to the San Jacinto High School at the northeast corner of the Ramona Boulevard, and State Street and more particularly described in Exhibit "A." WHEREAS, the property affected by the Application is zoned General Commercial (C-2); and WHEREAS, on April 9, 2009 the Planning Commission of the City of San Jacinto ("Commission") conducted a duly noticed public hearing on the Application at which time all persons wishing to testify in connection with the Application were heard and the application was comprehensively reviewed; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. Based on the entire record before the Planning Commission, all written and oral evidence presented to the Planning Commission, and the findings set forth in this Resolution, the Planning Commission approves Conditional Use Permit 1-09, as shown on Exhibit "A" and subject to the conditions of approval in the staff report. SECTION 2. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, the Commission finds the Staff Review is consistent with the purpose and intent of the General Commercial (C-2) zoning district because: 1. The proposed location of the Conditional Use is in accordance with the objectives of Article 17 of Ordinance 340 and the purposes of the zone in which the site is located. The site is zoned C-2 (General Commercial). The proposed arcade is located in close proximity to the San Jacinto High School and existing and proposed commercial uses. Therefore, the use is consistent with the goals and objectives of the C-2 zoning district 2. The proposed location of the project and the conditions under which it would be operated or maintained will not be detrimental to the public health safety or welfare, or materially injurious to properties or improvements in the vicinity. As stated above the project is consistent with the zone classification for the site and the land use element of the General Plan. Further, the project has been reviewed by City and County agencies and has been conditioned accordingly. Follow up inspections by the City of San Jacinto will be done to ensure public health, safety and welfare. 3. The proposed conditional use will comply with each of the applicable provisions of Article 17 of the Zoning Ordinance. The use is consistent with the intent and purposes of Ordinance 340 and applicable provisions of the General Plan by providing additional retail/commercial opportunities not previously available. The circulation system in the area has the capacity to absorb the anticipated traffic generated by this development because excess capacity exists in the current system. Additionally, the use will not interfere with pedestrian traffic or cause an increase in traffic hazards. SECTION 3. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, the Commission finds the Staff Review complies with CEQA for the following reasons: The effect of this project has been adequately analyzed in an earlier adopted mitigated negative declaration, no further environmental review is necessary. PASSED, APPROVED AND ADOPTED, this 9th day of April 2009. Planning Commission Chairman ATT Planning Commission Secretary Exhibit A FAD S. META) eeeeela NOTE: ALL PROPERTY LINE, EASEMENTS AND BUILDINGS' BOTH EXISTING AND PROPOSED, ARE SHOWN ON THIS PLA O a it Pa SITE PLAN (REFERENCE ONLY) 7 Game Time Billiards nine euwvm ea mew• £. CAeeeSI ITEM 6.2 STAFF REPORT TO: Chairman and Members of the Planning Commission FROM: David Clayton, Information Planner DATE: April 9, 2009 SUBJECT: Conditional Use Permit 1-09 Applicant: Robert Torrales State Street Properties 41619 Margarita Road #101 Temecula, CA 92591 RECOMMENDATION: Adopt Planning Commission Resolution 09-08 approving Conditional Use Permit 1-09 subject to the Findings of Fact and attached Conditions of Approval. DESCRIPTION: The project consists of a tenant improvement proposal to construct a 2,294 square foot amusement center within the Ramona Crossing Center at 621 N. State Street, Suite 3. The applicant is intending to provide children and young adults ages 12 and up a place to play video games, do homework and socialize in an atmosphere that is positive and that keeps them off of the street as well as keep them from loitering in the parking lot of the shopping center. Also included will be the sale of pre -packaged candy, drinks and miscellaneous snacks as well as access to approximately 20 to 25 gaming consoles (XBOX 360, Wii, and Play Station 3) and computer systems. EXHIBITS: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Resolution 09-08 Conditions of Approval Letter of Intent dated March 5, 2009 Site Plan Proposed Floorplan Aerial Site Plan Zoning Map PLANNING COMMISSION April 9, 2009 PAGE NO. 1 ENVIRONMENTAL ANALYSIS: The effect of this project has been adequately analyzed in an earlier adopted mitigated negative declaration for the shopping center, and no further environmental review is necessary. PROJECT DESCRIPTION: The proposed Game Time Billiards is located adjacent to the San Jacinto High School and is proposed to have 1,938 square feet which contain the main game room. In addition to the game room 244 square feet is set aside for parties and special events, and two 56 square foot accessible restrooms are provided. Within the main game room is a mixture of computers and gaming stations and traditional video arcade games. BACKGROUND: The recently completed Ramona Crossing shopping center is located at the northeast corner of State Street and Ramona Boulevard. The center consists of 43, 400 square feet of retail space in five buildings. The proposal before the Planning Commission will occupy a suite of 2,294 square feet within a 4,000 square foot building (Major Building 4). PROJECT ANALYSIS: A Conditional Use Permit is required based on the project location and number of gaming machines. Within the Zoning Ordinance (Article 2, Section 2.04) the definition for an arcade is as follows: "A place of business where six (6) or more electronic, video or coin/token operated games are utilized for business profit and where said games are not ancillary to another principal use. Within 250 feet of any school, any business with 6 or more games as described above shall be deemed an arcade whether or not said games are ancillary to another principal use." In this particular case the proposed use is located adjacent to the San Jacinto High School and its main source of income will be from the use of the video games. The use will include the selling of pre -packaged foods and beverages and no preparation of food is intended. The hours of operation, according to the letter of intent will be Monday through Thursday 12:00pm to 8:00pm, and Friday and Saturday 12:00pm until 11:00pm. Sunday will be reserved for parties and special events. Staff has added conditions that in the unlikely event the use becomes a nuisance that may include excessive number of police calls for service, the city has the ability to declare the use a nuisance and take steps to modify or revoke the Conditional Use Permit. PLANNING COMMISSION April 9, 2009 PAGE NO. 2 As this is a tenant improvement, it is not the intent of the applicant to change the exterior building elevation with the exception of adding a sign over the main entrance to the use. CONCLUSION Staff supports the project subject to the attached conditions of approval. If the Planning Commission agrees with the staff analysis of the project, staff recommends that the Planning Commission approve the Conditional Use Permit subject to the attached conditions of approval, supported by the findings in Resolution 09-08 (attached). PLANNING COMMISSION April 9, 2009 PAGE NO. 3 PARCEL 8 27,689 S.F. J4 11�II11 111C PARCEL A .L384 S.F. NOTE: ALL PROPERTY LINE, EASEMENTS AND BUILDINGS, BOTH EXISTING AND PROPOSED, ARE SHOWN ON THIS PLA SITE PLAN (REFERENCE ONLY) 1 :40—'0" Game Time Billiards 41623 MARGARITA P.D. TEMECULA, CA 925°I SHEET OF 2 THE INFoRHAT10N, DRAWINGS ANG 5PECVIO,001% SHOWN ARE ANG SHALL REM0M1Y THEPBcpERr( DE UNAFTWL SoluTI0N5. THESE OOCUTAENTS MAY NCT BE USEONITHOUFTHE IXPAS0E0 WRITTEN CONSENT OF DRAFTING SOLUTIONS. C-1 SHOP BLOC. ) (RETAIL) 1,000 SFe (E) PROPERTY LINE l amv:d —\ MANOR BLDG. 2 (RETAIL) 12,600 SFe • • SHOP BLDG. e 3 • (RETAIL) • 9.900 SF: private system alter R/W EMIT IT SWi AREA OF WORK City Jurisdiction LEGEND • • • (L) AAA PAN OF TRAWL SUMMARY S00P[ tY WYIRI! NM!-SIRUC0URAI 4041: IG 10 04 00 E251OG 3U5DINO ASSESSOR'S PARCEL NUMBER <34-070-041 MAGI DATA. E%ISi1N6 20NING: C-2 G11A@N0 DESCRIPTION: ri(E) BUIL0IN6 OCCUPA1GT TOPE: E CONSTRUCTOR TYPE: JEC1 AREA. MAJOR 4 = M (ROAR.) 0 B V-NA. (FULLY SPRINi<LERE0) 2.294 £F NOTE: ALL PROPERTY LRE. EASEMENTS ARO 0UA0M0S, ARE ALL EXISING THAT ARE SHOWN ON TRIS PLAN. N01 CHANCING &5L0916 OCCUPANCY TYPE 50 NO NEW PARKING IS MEOW GENERAL NOTES • ALL DOORS ARE ADA COUPANT • SEE ELECTRICAL FOR ALL (N) ELECTRICAL OUTLETS • ALL NEW ELECTRICAL LIGHARNG10 BE SELECTED EY • ALL • AREST ROOMS ARE (0) AND ARE <0A COMPLAINT. • ALL ELECTRICAL .W0 MECHANICAL IMPROVEMENTS SHALL SE OAGF1 6INTO. *AIL EXTERIORRAND INTERIOR WALL ARE EXISTING. • (E) EXTERIOR 000N TO (E) RESTRUOM SHALL NAVE A PATH OF TRAVEL YA1H A MRI. OF 44' WOE PATH THAT SHALL COMPLY VAIN 2007 PBC • FIRE EXTINGUISHER ALL EXTINGUISHERS MUST BE IN PLACE AND sECIOELY MBUNIEO as A YAALL AROIA 3 10 5 FEET OTT THE FLOOR. AT N0 PLACE IN THE BEADING SHOULD ANY INDIVIDUAL BE FARTHER THAN 75 FEET FROM 910I AN EXTINGUISHER. A5 A RULE OF THUMB. THIS TRANSLATES INTO ONE EXTINGUISHER FOR EV£RT 3,000 SQUARE FEET OF FLOOR AREA. THE FIRE EXTINGUISHER MUST HAVE A CURRENT STATE FIRE MAR91011 ANNUAL SERVICE TAC 0R MUST BE WITHIN ITS FIRST YEAR SINCE PURCHASE (IT MUST S£ ACCOMPANIED 0Y A RECEIPT OR OTHER PROOF OF PURCHASE.). • EXITS ALL EXITS MUST BE FREE FROM OBSTRUCTIONS AND UNLOCKED CURING 6USNE55 HOURS. EXIT SIGNS ARE REQUIRED OVER ALL EXITS, MIN LETTERS AT LEAST I INCH WOE AND 7 INCHES HIGH. • HOUSEKEEPING BUILDINGS SHALL BE MAINTAINED IN G000 REPAIR. BASEMENTS, FLOORS CLOSETS, ATTICS AND SIMILAR PLACESCRR16BIEH. SHALL5T0RA BE KEPTGEIS fREENOT FROMPERM111E00096051102.E1NBCN.ER LITTER EXITS, MECHANICAL ROOMS, ELEI:T CORRIDORS. PANEL ROOMS. EXITS, PASSAGEWAYS. STAWWAYS, CIXARIDCRS, ETC • ELECTRICAL EXTENSION CORDS ARE PROHIBITED IN PLACE or FIXED WRING FAULTY OR HA2AAD0U5 WRING IS PROHIBITED. DRAWING INDEX C-1 COYEA SHEET/SHE PLAN A-1 FLOOR PLAN A-2 AETAAS PROJECT SITE DATE RCVISIONO DRAFTING 08005,00 fOS. Game Time Billiards 41623 MARGARITA RD. TEMECUTA, CA 92591 (E) ADJACENT BUILDING SHEET 2 OF 2 THE INFORMATION, DRAWINGS AND SPEGFICATICNS SHOWN ARE AND SHALL REMAIN THE PROPERTY 04 DRAFTING SOWTIO S. THESE DOCUMENTS MAY NOT BE USED WITHOUT THE EYFRE5E0 WRITTEN CONSENT CF DRAFTING SOLUTIONS, (E) I EXIT (£) SERVICE CORRIDOR A 56 S.F. / 5T Y IC Paz". o ® ®24 0SPACE DTE 2294 TOTAL SF 1.1, IS]AMPS .P ].JO ) (E) ADJACENT SUITE N.I.C. � , PARTY R001.1 7551 244 SF, (E) ADJACENT SUITE N.I,C. TP KEY NOTES O(E) HANDICAP AC0ESSIBLE EN1RY SIGN: PRONDE and PERAIANENRT FFFI% q MIN. E a 6 PRESSURE 5ENS11VE O CO) STOREFRONT 1NNR0W5 O (E) EXTERIOR DOORS 0FI%TCOUTAEDRA WCbROAT NTAk0. DESIGN OS (E) SYNTCNGEAR © (1:) 35" WOE SWING 0000 FOR COUNTER (E) INTERIOR 000RS COMPLIES {NTH *0 A. O (E) NNOX BOX OFa-FRNSHEO KG 006R W/ UNDERCUT I'. NAI.'OICAP SIGN PER DETAIL 2/- Al 5'-0' A.F.E. 0 (E) LINE OF CANOPY ABOVE. II (f) TELEPHONE AN0 HOUSE PANELS 0 (E) AU10MA110 LDPINKLER RISEN 1] (N) GAME CHAIRS TO BE SELECTED IT T TENANT 0 (N) RICH TABLE TO BE SELECTED BY TENANT IS (E) FIRE PANEL I6 (N) CARPET l0 BE SELECTED BT TENANT 0 (N) PAINT TO 40 SELECTED RY TENANT IB (N) T.V. W/ STANC k GNE STATON/COUPUTER TO BE SELECTED EY TENANT 19 (N) BAR S100L TO BE SELE0TL0 BY TENANT ® (E) 200 ELECTRICAL PANEL O (N) ELECTRICAL OUTLETS 50 DATA 0 (E) P DEMISING WALL O P5NT MEN CEILING NM HVAC DUCTING BLACK p (ON)06'-I B' FIX COUNTER W/ FOOT RAILS, CESIGN ® SELECTED BT/TENANTMO1110E0 BENCH SEATING ID BE 26 N.C.NCOON W/ UNDERCUT 1', HANDICAP SIGN PER DETAIL 2/- AT 5�0' A,F.F, O(N) PROJECTOR BCREEN W5 CELWG MOUNTED P554001OR TD 9E SELECFEO BY TENANT, 14 ((N) RAT SGREEN T,V., WALL *OUNTE0 TD BE 011001E0 BY TENANT O (E) EMT SIGN COMPLIES W/ 000E S1C.1012, 1012.3 ® (N) AREA OF ADA COMPLAINT COUNTER 34' A.F.F. MAX 31 (N) FALSE COLUMN/ W.A£ GAA5E N2TH T2 ELECTRICAL k 4 CAT* WR£T5 OCCUPANCY LOADS ROOM Y ROOM NAME WARE FOOTAGE 0.LF. OCCUPANTS 100 LDB651 GAME ROOT 1,43E 50 39 101 REST ROOM 55 3110 IO2 REST ROOM 5* 300 1 103 PARTY MOON 244 15 16 WALL LEGEND R (E) EXTERIOR WALL AND INTERIOR WALL (N) INTERIOR WALL SEE DETAIL 4/A2 -^^ (N) INTERIOR 9EMISW0 WALL SEE DETAIL 4/AS 6 DATE (LEMONS • V ) DRAFTING 08095.09 SCALE:1/4"=1'-0" R �t T 100 WAE HAN6PS 2 2 BLO0000'G 4 ROBE DEAMI,'G 2 0 BL0011NG- IOU. t((iW)t((L ))((f8 181Jflllill lfj�21� / / \\ \ / //WELLATIW - (EFL SPECS.) \ \ 2 226 TOP PLATE \ \ ,� 2 A NAG VA. BRACING SF4R111CCVIOCI GS - SEE BD MONO W 7 A 6Gtt O5 5/6' OW. 00. BOTH SD6 2 2 FOGCS�50106 ROW ft2R / 911, A-1 OTYP. BRACED PARTITION WALL 1111$1111111l1011IR1 11➢111RI111lIW11IIL• WILE HAM Mc& Lci Ml SIR1IC1UNAl RETAIL FLOOR INMLAIIW (SEE SPECS.) 6' I20 CAS METH 2E 1pS111411. DOGS, 5/11' CYR. ED. ROM SINS STORAGE ®TYP. FULL HT. PARTITION WALL N.T.S. NOTE UVAIW:6 DOLL 06 MOONED WM A CLEARANCE 06 Al LEAST 29' FARM 61008 10 68Tid* CC APRON WWI WEE CLEARANCE LI NDER FRONT UP EXTENDING A ON. OF 2A' W 610111 WIN B. MIN, DEPTH Al TOP. ICE CLEARANCE SHALL BE SAME RAM AND BULL M MR. 6 73,F, ANO NBC 106 MCP FROM FRONT M LAVA1SLEI. LIMA TYPE fAUCE1 COMIC. ()CONDESATE TO TAIL PIPE 3 N.T.S. Game Time Billiards 91623 MARGARITA RD. TEMECULA CA 92591 ; � maw SHEET 2 OF 2 2 THE CJFOPMATION, GPAµ1NGS h"W SPEC2F1FA11ON5 SHOWN ARE AND SHALL REMAIN THE PRDP:PTY06 S0NTIHL SOW TILN6, THESE DOCUMENTS MAY NOT BE USED WITHOUT THE EXPRESSED WRITTEN CONSENT OF GRAFTML 50IIRIONG. A — 2 CMDOSAE CRAN 0OM1 IN WALL. SEE MANS MI 92C RUUBSER ITV: MVPS EEO/TWAT RAT LAVATORY SUPPORT W/ CONCEALED ARMS SPJ WALL SPACj 6 XME /YIN.11E A NOTES: 5ANUFAC1U1E5 AY, NEW SPEW:I: E5 INFO, INC. (BOO) 225-69116 FOR A00BPXAL NANO ma WI. INCUMMFNIS TO SPECS. . DOTS SIA11 BE 1 1' WAI, 2 EERIER WAS ON THE ODOR AI A NEW BI 5'-O' 1 BOIS SNNL 06 COMRASI ON COLOR WM THE BACN0ROJAL M00F1 NUMBERS: IMAMS 'BIG' Al NESIRDFOR NW Ord IONS •IB-A' PROVIDE W WNW OCSIR00I Tl4 MEN THEY) UIB0X b10-B' 0510E Al NESTROLEI SW MEN G TBWEN usI TOILET ROOM BRAILLE SIGNS: I. LOCATE ON TIM WALL AOAARNT TO TIE LAIN S0E OF DOOR, 2 HOGHT 60' ABOVE RW91 MINA 1 KAISER IETRR9 A 5/6 T 2' MC RAISED 1/ 2'. D SANS SINE WPER CA S. 0 CONTRAST (`A0{AG 3.313.3U&1-DN-DARN or UA2X-5I-U011. BMW! IL MIS A 1/16 RC. kV FACT CELL WM 2/I0' SPACE BE1W1N CELLS PEXIGLASS RESTROOM SIGN N.T.S. YEF Bo-n W OELEVATION /r . 1'-e• AO0*00426 11 MEI PAVER ARRA 9d13 M AREA If fyI MR /ARP HARI L ELEVATION 1/f. -Y IF NIXw ffiVill Al02 E. AMMO IPM NORM F RY0gp5 1(WWW 11tYu I tMARI= 06 HS11LL PINA%N1 RAP B URI MOOS W4151t PADRES VAR Y-r I9T[ 1YL NA RIR 044 CAPPEOR1 I. R9R6- IOWAIv mom DAN IMr,B MOP 2. IW[I ASEO6('GA I0EYSVI01211W 1 NDOSi0 1B NWi1IXE 0IMS10V Rf f - 28 1yY¢. a R*140501) 5018HW6 010�R6AW.1 414M 2. TWA[ I I/0' 61mma emu Y11 AN am FAG NO2 -10114 a RA0802e4ID6�IIWIl1 ad I�ON0uV In A+II VT P*204U916q t IWP.Am&D WTMLL�V IIF6MbWArRVNSIWR9M p9T.slwlal0 a 181mw SC Kt SAE P aP 104 art= CN= RAMS AP FARIPN12 U11,El w to HRH 22 elAR06-VOA 840 A1u3C41MI A Nupommy RIAROIIIR 1u19 sH l(a.M69uLLM 1 con tux INa Ru'Ew minx bl5resrr ass M1A1 qr. 142 .W in 0AH1MIA MAN AII a }T • IP A MORI S WORM 11, MRP1l04 IRMO510 PR YMI ROLO MN RO APR M a2S 1&M b®E4 MYR It 411PSIF00 *65 0 a'01@ffi 8 01 b0X® le muse MM U2 sc lrn AD OI(0.WbK. [H(OWINR ()REST ROOM PLAN AND ELEVATION TOILET ROOM: 11.00R: SEANLSS AN1l AA45MON0 ELASSL MEM SHEET OWNS BY ARMSTRONG, 'SEAGATE', COLOR 06500. USE: 6 OCR I/O' MAE REINFORCED MET WM STOP (MAAMM. O''F1.1210'.OVO6 1A2W-0C YMT REDUCER WALLS 5 WR GYP51R1 60010, WTH DINTS TAPER AM MED 5110OTµ READY FOR PAINT PA!RI WSW BOARD AREAS V£TNOT WOE SCM-03055 ENAMEL AAN11, 5ERk1AN WWMA COLOR: AVBME WIf1C 031131. WAINSCOT: INSTALL Tr TIRO MARUTE OMR GWOJU BOARD, 1 NN04 W 141E WALLS 5R012* M PNOYMC I X 3 POW FUR0N0 31 16' OG WRIWI-SORCMGM SWWAP TOME rut PM B OM) AM RPM A0Ctl2E0 UDIRDN S COLORS 5/8' WR GYPSUM MARK PPM DUD TAPED AND SAVED swot READY FIR PANT, PANT WM 6E01-01BAWL. COLOR, 10 MATCH WALLS RN O ALL TOUR ACTESSIXUES LOCATED LW 01 WINN WALLS :NALL B[ MRCALEER and SEALED ID PROTECT STRUCTURAL OWNS FRO/ 1OORRE DRC. M1.1,2L U,11.0, GENERAL NOTES • ALL DOORS ARE ADA COMPARE • SEE ELECTRICAL FOR ALL (N) ELECTRICAL OUTLETS • ALL NEW ELECTRICAL LIGHTING TO BE SELECTED BY TENANT • ALL REST ROOMS ARE (E) AND ARE ADA COMPLAINT_ • ALL ELECTRICAL AND MECHANICAL IMPROVEMENTS SHALL BE DESIGN BUILD. *ALL EXTERIOR ANO INTERIOR WALL ARE EXISTING. • (E) 001101 R DOOR TO (E) IESIRO0M SHALL HAVE A PATH OF TRAVEL WHO A MIN. OF <A' RADE PATH THAT SHALL COMPLY WITH 2007 CDC • FIRE EXTINGUISHER ALL EXTINGUISHERS MUST BE IN PLACE AND SECURELY MOUNTER ON A WALL FROM 3 10 5 FEET OFF THE ROOK, AT NO PLACE IN THE BUILDING SHOULD ANY MM000AL BE FARTHER THAN T5 FEET FROM SUCH AN EXTINGUISHER. AS A RULE OF THUMB. THIS 1RM'AA1E5 ONTO ONE EXTINGUISHER FOR EVERY 3.000 SQUARE FEET OF FLOOR AREA THE FIRE EXTINGUISHER MUST HAVE A CURRENT STATE FORE MARSHALL ANNUAL SERVICE TAG OR MUST BE WITHIN ITS FIRST YEAR SINCE PURCHASE, (IT MUST BE ACCOMPANIED BY A RECEIPT DR OTHER PROOF Of PURCHASE.). • EXITS ALL EXITS OUST DE FREE FROM OBSTRUCTORS AND UNLOGHED DURING DIMNESS N0UPS. EMT Sfi15 ARE REQUIRED OVER ALL EXITS WITH LETTERS AT LEAST 1 INCH WERE A110 T INCHES WON • NWSENEEPING RUR0NGS SHALL DE MMMAINED IN GOOD REPAIR. BASEMENTS. ROCKS, CLOSETS, ATTICS ANO SIMILAR PLACES SHALL BE REPT FREE FROM CWBUSTMLE LIVER 0R RUBBISH STORAGE IS NOT PERMITTED INBOILER ROOMS, MECHANICAL ROOMS, ELECTRICAL PANEL ROOMS, EXITS, PASSAGEWAYS, STAIRWAYS, CORRIDORS, ETC • ELECTRICAL EXTENSOR CORDS ARE PROHIBITED M PLACE OF FIXED WRING. FAULTY OR HAZARDOUS TARING IS PROHIBITED. • PLUMBING DESIGNED BUILD S' N.T.S. DATE MLY0I0N5 DRAFTING ,. ... ,., 05005.00 SCALE: 1/4'-2'-0' 03-10-09 Me!/\ IB!JeV &is'eozovo-d{P aulyelueo—(s dys s{{wil cIrDsl!wIO �L.d "., d4s'BOZOZO dll� maln lossosm laved 31 San Jacinto High, School San Jacinto High School Zoning Map City LimitsCitylimits.shp Sj_centerline_cl ip_040208.shp Zoning A .._— C-1 C-2 C-M City Well D-C D-R EMWD , Fire Station Ti M-1 M-I-P Open Space Park Park Hill R-1 R-1 15,000 R-1 20,000 R-1 PUD R-2 R-2PUD R-3 R-P R-T RAAB Rancho San Jacin S-D School SP 1-85 SP 1-91 W-2 Cove SP Trails SP Esplanade SP MN R-3 PUD AGENDA - TRANSMITTAL FORM TO: Rick Miller, Deputy City Clerk Enclosure: Staff Report for CC [CC or RDA] meeting of 05/07/09 (date) Resolutions to Update Signature Card and Facsimile Signature Agreement with Bank of Hemet XX Consent Calendar Item Public Hearing Item: Notice required yes no Copy attached yes no Published (date(s)) Notices sent (date(s) City Departments Item Attachments include (this needs to match the attachment list in the Staff Report: A. Resolution No. Authorizing Signers B. Resolution No. _ Authorizing Facsimile Signature Agreement C. Facsimile Signature Agreement Other: _ Please provide a fully executed copy of documents to: _ Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting DATE: 4/30/09 CJRE or Initials], [Title] \\SJFP01\Users\CRogers\A Director\A Finance Dtr\Council Reports100 CC Transmittal Format.doc AGENDA ITEM 3. 13 May 7, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Connie Rogers -Elmore, Interim Finance Director SUBJECT: Resolutions to Update Signature Card and Facsimile Signature Agreement with Bank of Hemet RECOMMENDATION Staff recommends that the City Council, by motion, approve and adopt a Resolution to Update the Signature Card and a Resolution Authorizing Facsimile Signature Agreement with Bank of Hemet. DISCUSSION The City has General and Payroll accounts with the Bank of Hemet which requires an authorized signature facsimile agreement to process transactions and to protect the funds of the City. At this time, the Signature Card and the Facsimile Signature Agreement need to be updated. Staff recommends that the Mayor, Vice Mayor, City Manager and Assistant City Manager be authorized to sign checks on behalf of the City. An adequate number of signers are needed for the efficient management of the city accounts. Facsimile signature stamps are used in most cases to sign checks due to the voluminous transactions of the City. Signature facsimiles for the Mayor and City Manager will be used for check runs and on most other checks. FISCAL IMPACT None ATTACHMENTS Resolution No. Resolution No. Authorizing Signers for the Bank Accounts at the Bank of Hemet Resolution No. Authorizing a Facsimile Signature Agreement for Bank Accounts at the Bank of Hemet. Facsimile Signature Agreement. City Manager: / i //vi Finance Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AUTHORIZING A FACSIMILE SIGNATURE AGREEMENT FOR BANK ACCOUNTS AT THE BANK OF HEMET WHEREAS, the City of San Jacinto will need to update its signature card with Bank of Hemet; and WHEREAS, the City has designated the Mayor, Vice Mayor, City Manager and Assistant City Manager as signers on the bank account; and WHEREAS, Bank of Hemet requires the City to adopt a corporate resolution and authorization for the facsimile signature agreement; and WHEREAS, that the City Council of the City of San Jacinto hereby rescind previous resolutions Authorizing a Facsimile Signature Agreement For Bank Accounts at the Bank of Hemet. NOW THEREFORE, BE IT HEREBY RESOLVED by the Mayor and City Council of the City of San Jacinto, California, the following will be authorized signers on the Facsimile Signature Agreement with the Bank of Hemet for the City accounts: Mayor Dale Stubblefield Vice Mayor John Mansperger City Manager Barry McClellan Assistant City Manager Tim Hults APPROVED and ADOPTED this 7th day of May, 2009 by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto by Mayor Dale Stubblefield ATTEST: Barry McClellan, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AUTHORIZING SIGNERS FOR BANK ACCOUNTS AT THE BANK OF HEMET WHEREAS, the City of San Jacinto needs to update its signature cards with Bank of Hemet; and WHEREAS, the City has designated the Mayor, Vice Mayor, City Manager and Assistant City Manager as signers on the bank account; and WHEREAS, Bank of Hemet requires the City to adopt a corporate resolution and authorization to designate authorized signers on bank accounts; and WHEREAS, that the City Council of the City of San Jacinto hereby rescind previous resolutions Authorizing Signers for Bank Accounts at the Bank of Hemet; and NOW THEREFORE, BE IT RESOLVED by the Mayor and the City Council of the City of San Jacinto, California, that the following will be authorized signers on Bank of Hemet accounts: Mayor Dale Stubblefield Vice Mayor John Mansperger City Manager Barry McClellan Asst. City Manager Tim Hults APPROVED and ADOPTED this 7th day of May 2009, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto by Mayor Dale Stubblefield ATTEST: Barry McClellan, City Clerk The Bank of Hemet FACSIMILE SIGNATURE AGREEMENT Authorization (By Partnership, Lodge, Society or Unincorporated Association) By signing below, you certify and agree that: 1. If customer is a partnership, the persons signing below as partners constitute ail of the 9enera_l partners of the partnership, and authorize the person signing an the reverse to enter • into the Facsimile Signature Agreements with The Bank of Hemet. 2. if the customer is a lodge, society or unincorporated association, the persons signing below are officers of customer and are authorized to enter into Facsimile Signature Agreements with The Bank of Hemet. 3. This Authorization is in addition to any other authorizations in effect and shall remain in effect until The Bank of Hemet receives written notice of ifs revocation at each office where customer's accounts are maintained. Dated Signature of Partner or Officer Dated Signature of Partner or Officer Dated Signature of Partner • or. Officer Dated Signature of Partner or Officer Revised 2114/l 1 AGENDA - TRANSMITTAL FORM TO: Rick Miller, Deputy City Clerk Enclosure: Staff Report for CC Meeting of 05-07-09 [CC or RDA] GPA 3-07, PUD 2-06, TT 34664 (Tentative Tract Map) (name — brief description) Consent Calendar Item ► Public Hearing Item: Notice required _ yes no -continued from 1-22-09 Copy attached _ yes _ no Published (date(s) Notices sent (date(s) City Departments Item ® Attachments include (this needs to match the attachment list in the Staff Report: • Res Design Guidelines Evaluation form • Resolution No. • Ordinance 09-02 • Planning Commission Resolution approving TT 34664 • Conditions of Approval • City Council staff report of 1-22-09 • City Council minutes of 1-22-09 • Planning Commission staff report of 12-11-08 • CEQA document • Zoning Map & Aerial Exhibit & Zoning maps • Packet including TT Map, Site Plan, Landscape Plan, Floorplans, Building Elevations Please provide a fully executed copy of documents to: _ Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting: Asher Hartel DATE: 4-29-09 Asher Hartel, Planning Director [Name or Initials], [Title] S:\Community Development\PLANNER\David\TR34664\CC Transmittal 5-7-09.doc AGENDA ITEM 4 May 7, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Asher Hartel, AICP, Planning Director SUBJECT: General Plan Amendment 3-07, Planned Unit Development 2-06, and Tentative Tract Map No 34664 to change the General Plan designation on 5 acres from Low Density Residential to Medium Density Residential, to change the Zoning from Single Family Residential (R-1) to Two -Family Residential -Planned Unit Development (R-2-PUD), and a 36-lot single family residential subdivision, located on the west side of Kirby Street approximately 330-feet north of Esplanade Avenue. Applicant: Mario Zamorano 3590 S. Dartmouth Ln. Rowland Heights, CA 91748 RECOMMENDATION: The Planning Commission and staff recommend that by motion the City Council: Adopt the Mitigated Negative Declaration; and Adopt Resolution No. approving General Plan Amendment 3-07 based upon the Planning Commission's recommendation; Introduce Ordinance No. 09-02 for first reading approving Planned Unit Development 2-06 based upon the Planning Commission's recommendation and by further motion read by title only: An ordinance of the City Council of the City of San Jacinto, California approving a Change of Zone from Single Family Residential (R-1) to Two -Family Residential-PUD (R-2-PUD), located on the west side of Kirby Street, north of Esplanade Avenue in the City of San Jacinto, County of Riverside. Approve Tentative Tract 34664 subject to the attached Conditions of Approval. Approvals City Manager: 7 Finance Director:: Page 1 of 4 BACKGROUND: On January 22, 2009 the City Council conducted a hearing for this project and continued the hearing for 30 days. The applicant and staff were directed to consider revisions to the project that address the following concerns: • Enhanced building elevations that show roofs with variations. • Inclusion of a single -story house plan to provide variation in building height. • Clarify with the City Engineer whether or not a drainage basin is needed, and inclusion of a basin if needed. • Provide some street scene illustrations that show several houses side -by - side and inclusion of a drawing showing the south side of the property rear elevation scene. • There was discussion of the street width for this gated community. The streets will be private, and a width of 26 feet is proposed. There was not a clear consensus to widen the streets from the 26 feet proposed. Since the January 22, 2009 hearing and 30-day continuance, the project has been continued several times for continuing discussion and revisions as staff and the applicant have worked through the revisions. Pre -Development Review Subcommittee At the applicant's request, revisions prepared in response to Council's concerns were brought to the Pre -Development Subcommittee meeting on April 6. The revisions were well received, and a further revision was recommended by staff to move Lot 36 from the Kirby Street frontage adjacent to and north of the gated entry to an interior location just inside the entry gate that had been shown as open space and guest parking. The area formerly occupied by Lot 36 is now open space Lot 'A" utilized for half -court basketball, and separated from the larger Lot 'B' open space that includes the tot lot. Together, Lots 'A' and 'B' result in the area devoted to a private park for the project increasing from 0.38 acres to 0.55 acres. DISCUSSION: Building Elevations & New Single -Story House Plan The enhanced building elevations consist of the original house types as before along with a new single -story house type. The drawings are much clearer and now include a roof plan that clearly shows the variable planes and pitches for each of the four house types. The new 1,273 square foot single -story house provides the variable height element to the overall project that was requested by Council. Staff advised the applicant to utilize the single -story house on at least 20% of the lots in the project, which has resulted in 7 of the 36 lots now being single -story. Page 2 of 4 Drainage Basin Per Council's concern and the recommendation of the City Engineer, the Site Plan and the Tentative Tract Map have been revised to include a retention drainage basin at the northwest corner of the project site. This has resulted in the loss of one lot; the project now consists of 36 lots with a reduced density of 7.19 dwelling units per acre, versus 7.38 units per acre for the previous 37-lot layout. The proposed density of development is well under the 10 units per acre allowed by the General Plan that will be permitted with the adoption of the General Plan Amendment. The adjacent Osborne tract to the north (Tract 34586) has a density of 7.22 dwellings per acre (36 lots on 4.98 acres), and went through the same process as this project (General Plan Amendment/ PUD/Tentative Tract Map). Street Scene Drawings Street scene illustrations have been provided on three attached sheets (Street Scene, Sheets 1 and 2, and Sheet A-0.1) that show several houses side -by -side. Two of the sheets are in color, while the third sheet in black and white shows the rear elevations of houses on Lots 1 through 8 along the south side of the project that face the undeveloped property to the south that was a concern voiced by Council at the January 22, 2009 hearing. Street Width The private street width within this gated community remains unchanged from the previous plan at 26 feet. The street transitions from a width of 40 feet at the gated entry at Kirby Street. Staff recommends that the private street not be widened, as 26 feet is more than adequate if no parking is allowed on the street, and with 16 guest parking spaces the project exceeds the guest parking requirement of one space for each 5 dwelling units in the City parking standards for a project of this size. In addition, each unit has a two -car garage plus driveways of at least 20 feet in length that will accommodate two more cars. Residential Development Design Guidelines Evaluation The revised project was reviewed using the Residential Design Guideline Evaluation system, which is attached, and which requires a minimum of 62 points in order to approve a project. Based on the review criteria, the project received 66 points out of a possible of 77 points, versus 63 points for the project prior to the current revisions. Three additional points were obtained with the addition of the single story home. An additional point was awarded in three categories as the single story house includes a front porch (Item 5), increases the variation of houses to create variety and interest (Item 16), and provides a single story element on several corners (Item 19) within the project. The adjacent Osborne project received 64 points. Page 3 of 4 Perimeter Wall The plans provide for a perimeter decorative block wall around the project site, including the frontage along Kirby Street. Staff recommends that the wall along Kirby Street and on each side of the gated entry area be revised to a combination of decorative block and wrought iron so that the landscaped park areas are more open and visible rather than walled off from view from the street. Additional language has been added to Planning condition no. 41 to provide for this type of wall/fence. Environmental Review An environmental initial study has been conducted which has determined that with mitigation proposed, this project will not have a significant impact on the environment with the incorporation of mitigation measures. Therefore, a Mitigated Negative Declaration is recommended. Previous Staff Reports The attached City Council staff report of January 22, 2009 and the Planning Commission staff report of December 11, 2008 contain additional discussion and analysis of the project. BUDGETARY IMPACT: None ATTACHMENTS: Attachment "A": Attachment "B": Attachment "C": Attachment "D": Attachment "E": Attachment "F": Attachment "G": Attachment "H": Attachment "I": Attachment "J": Attachment "K": Residential Design Guidelines Evaluation (Revised 4-29-09) Resolution No. (GPA 3-07) Ordinance No. 09-02 (PUD 2-06) Planning Commission Resolution approving Tentative Tract 34664 Conditions of Approval City Council staff report of January 22, 2009 City Council minutes of January 22, 2009 Planning Commission Staff Report of December 11, 2008 CEQA document Aerial Exhibit, Current Zoning Map, Current General Plan Map Revised Site Plan Packet (Tentative Tract Map 34664, Site Plan, Conceptual Landscape Plan, Elevations, Floor plans, Roof plans, Street Scene plans Page 4 of 4 RESIDENTIAL DEVELOPMENT DESIGN GUIDELINES EVALUATION (REVISED) Applicant/Case No.: TT 34664 Description: 37 lot PUD project (Revised to a 36 lot PUD project) Location: W side Kirby St Date: 9/10/08 (Revised 4/29/09) The following evaluation awards points for design features specified in the Residential Development Design Guidelines. The range of points varies from item to item, as items deemed more important are worth more points than other items. 77 points are possible; 62 points (80%) are required for approval. SETBACKS & FRONTS OF HOUSES (25 points): Points 1. Varied front setbacks by at least 5 feet (0- 3 points). 3 2. Front entries that face the street (0- 5 points). 5 3. Active use windows (living room, kitchen) facing street (0- 4 points). 4 4. Main entry feature that is not a garage door (0- 5 points). 4 5. Covered front porches large enough for chairs (0- 5 points). Model 1 has no front porch. Revision provides porches on 3 of the 4 house types. a 4 6. Varied side setbacks (0- 3 points). 3 SETBACKS & FRONTS OF HOUSES (25 points possible) TOTAL 22 GARAGES & DRIVEWAYS (10 points): Points 7. Separate pedestrian access to front door from driveway (0- 3 points). 3 8. Single/reduced width driveways where possible (0- 3 points). 3 9. Driveway paving of salt finish, bomanite, stamped or colored concrete, paver stones (0- 4 points). 4 GARAGES & DRIVEWAYS (10 points possible) TOTAL 10 ARCHITECTURE (42 points): Page 1 Points 10. Avoidance of long uninterrupted exterior walls (0- 3 points). 2 11. Varied texture, relief, design accents on walls (0- 3 points). 3 12. Recess windows and/or accent trim, multi -paned glass (0- 4 points). 3 13. 2nd story setbacks on all street side facades of not less than 5 feet (0- 4 points). 2 14. Roof articulation with changes in plane, use of gables, hips, dormers (0- 4 points). 4 15. Privacy protection by juxtaposition of 2-story & 1-story houses and upper floor window placement to achieve privacy (0- 3 points). 3 16. Variation of houses to create variety & interest (0- 4 points). 3 4 17. Use of porches (0- 4 points). Model 1 has no front porch 3 18. Covered entrances (0- 4 points) Model 1 has no covered entrance 3 19. Single -story houses on corners (0 — 3 points). 4- 2 20. Form & scale, with houses in proportion to area of lot (0- 3 points). 2 21. Common mailbox architectural treatment (0- 3 points). 3 ARCHITECTURE (42 points possible) TOTAL 32 GARAGE & ARCHITECTURAL FEATURES: No points are awarded for these items. Either a "Y" (Yes) or "N" (No) will be awarded. Plans must include the items below, with a "Yes" determination for all items. Y or N 22. Two out of three homes with recessed, side entry, or detached garages at side or rear. Y 23. Garages that do not dominate street scene. Y 24. Garages with roll up metal doors recessed from adjacent walls, with windows. Y 25. Rear facades adjacent to streets with balconies, verandas, patio covers, window boxes or similar features. Y 26. Roofing materials of tile or slate. Y Page 2 WALLS & FENCES: No points are awarded for these items. Plans must include the items below, with a "Yes" determination for all items. Y or N 27. Corner lots with decorative walls including return to house. Y 28. Walls with continuous planes greater than 50' with 2' change in plane for at least 10 feet or the use of pilasters at 50-foot intervals. Y 29. Pilasters at property corners or at changes in wall planes. Y 30. Decorative caps on all walls. Y 31. Walls placed at top of slopes. Y 32. Side yard wall returns facing street of decorative block, wrought iron with mesh privacy screen, or woodcrete (no wood allowed). Y LANDSCAPING: No points are awarded. A Landscape Planting Plan must be evaluated and receive a "Yes" determination. Y or N 33. Front yard landscaping, parkway and entry monumentation landscape treatments to meet the Landscape Design Guidelines. Y EVALUATION SUMMARY: 77 points possible, project must receive a minimum of 62 points (80%) for approval, AND Points Overall Total 64 Y or N Y Garage & Architectural Features, Walls & Fences, and Landscape items 22 — 33 must answer "Yes" to all items. COMMENTS: The project received 63 66 points (62 points are required for approval). Garage & Architectural Features received 5 Yes and 0 No determinations. Walls & Fences received 6 Yes and 0 No determinations. Landscaping received a Yes determination. RECOMMENDATION: Approve / Deny / Continue the project, as it does meet the Residential Development Design Guidelines and the Landscape Design Guidelines. Page 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FROM LOW DENSITY RESIDENTIAL (LDR) TO MEDIUM DENSITY RESIDENTIAL (MDR) FOR CERTAIN REAL PROPERTY SPECIFIED HEREIN: FILE NO. GPA 3-07. WHEREAS, local governments are authorized by Government Code section 65350 et seq., to prepare, adopt and amend general plans; and WHEREAS, the proposed amendment to the Land Use element of the City of San Jacinto General Plan ("Amendment") initiated and prepared by Mario Zamorano located on the west side of Kirby Street north of Esplanade Avenue from Low Density Residential to Medium Density Residential implements the overall policies and goals of the General Plan and leaves the General Plan internally consistent; and WHEREAS, the proposed Amendment was sent to affected public entities for their review and comment; and WHEREAS, the Amendment was reviewed, studied, and found to comply with the California Environmental Quality Act ("CEQA") as more fully described below; and WHEREAS, on January 22, 2009 and May 7, 2009, the City Council of the City of San Jacinto ("City Council") conducted a duly noticed public hearing on the Amendment at which time all persons wishing to testify in connection with the Amendment were heard and the Amendment was fully studied; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO: SECTION 1. Based on the entire record before the City Council, all written and oral evidence presented, and the findings made in this Resolution, the City Council of the City of San Jacinto approves the Amendment to the General Plan as set forth in the attached Exhibit "A" graphic. SECTION 2. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the Amendment promotes the goals and objectives of the General Plan and leaves the General Plan a compatible, integrated, and internally consistent statement of policies for the following reasons: A. The Amendment is integrated and compatible with the Land Use Element in that it provides an appropriate orientation and relationship between land uses within and adjacent to the Subject Site, and promotes orderly development beyond the Subject Site's boundaries, because the residential land use is compatible with the General Plan, and is compatible with the residential designation for the properties to the west and north, where residential tracts have already been approved and developed. B. The Amendment is integrated and compatible with the Circulation Element in that the density and distribution of uses within the Subject Site will generate traffic, which is anticipated and provided for in the Circulation Element because the site is accessed by Kirby Street, with Esplanade Avenue to the south and Seventh Street to the north. In addition, the residential tract proposed is less than what could be developed under the proposed designation (36 lots versus 50 lots). C. The Amendment is integrated and compatible with the Housing Element in that it provides for development consistent with the existing and projected housing needs of the community and region because the Housing Element Policy of providing "a variety of housing opportunities by type, tenure, and cost to households throughout the City" by providing for medium density development in this area of the city which was not previously available. D. The Amendment is integrated and compatible with the Conservation Element in that the proposed residential development will promote the orderly conservation, development, and utilization of natural resources as in -lieu fees will be paid. E. The Amendment is integrated and compatible with the Open Space Element in that 0.55 acres of the project are set aside as a private park, which is consistent with the adopted goals and policies for preserving and managing open space within the City and do not create conflicts to the realization of said goals and policies. F The Amendment is integrated and compatible with the Noise Element in that it provides a pattern of land uses that minimizes the exposure of community residents to excessive noise, because the proposal utilizes existing streets, and provides a landscaped buffer along Kirby Street to minimize noise exposure from vehicles on this street. G. The Amendment is integrated and compatible with the Safety Element in that it provides an appropriate land use distribution and orientation which protects the community from unreasonable risks associated with seismic, geologic, flood and wildfire hazards because the site is not located in a high fire hazard area, seismic zone or is subject to flooding with the improvements proposed. SECTION 3. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the Amendment complies with CEQA for the following reasons: Although the proposed project could have had a significant effect on the environment, there will not be a significant effect in this case because revisions in the project or proposals made by or agreed to by the applicant would avoid the effects to a point where clearly no significant effects would occur; therefore, A MITIGATED NEGATIVE DECLARATION has been prepared. City Staff is directed to file a Notice of Determination within 5 days of this project approval. SECTION 4. The location and custodian of the documents and any other material which constitute the record of proceedings upon which the City Council based its decision is as follows: Community Development Department, City of San Jacinto Planning Department, 595 S. San Jacinto Avenue, San Jacinto, CA 92583. (951) 487-7330. SECTION 5. Effective Date. This Resolution shall become effective upon its adoption. PASSED, APPROVED AND ADOPTED, this 7th day of May, 2009. Ayes Nays Absent: Abstain City of San Jacinto City Council Dale Stubblefield, Mayor ATTEST: Barry McClellan, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF SAN JACINTO CERTIFICATION I, Dorothy L. Chouinard, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. was duly passed and adopted at a regular meeting of the City Council on the 7th day of May, 2009. WITNESS MY HAND AND OFFICIAL SEAL this of , 2009. Barry McClellan, City Clerk Exhibit A 4. mow . ormi Now •1i Ew ai mad am. Num NMI Nom IMM imm NMI ■ LI I/\ I l \ 1 )R I/ I Subject Site LDR to MDR LDR Valley Community Church LDR General Plan Amendment 3-07 CITY OF SAN JACINTO Community Development Department STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) ORDINANCE NO: 09-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING A CHANGE OF ZONE FROM SINGLE FAMILY RESIDENTIAL (R-1) TO TWO FAMILY RESIDENTIAL- PUD (R-2-PUD) FOR CASE NO. PUD 2-06, A PLANNED UNIT DEVELOPMENT, LOCATED ON THE WEST SIDE OF KIRBY STREET, NORTH OF ESPLANADE AVENUE, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. On December 11, 2008, the Planning Commission conducted a public hearing and recommended approval of a proposal to Change the Zone from Single Family Residential (R-1) to Two -Family Residential-PUD (R-2- PUD) subject site, as shown on Exhibit "A" attached hereto and incorporated herein. On January 22, 2009 and on May 7, 2009, the City Council conducted a public hearing and approved the Change of Zone for the subject site, as shown on Exhibit "A" attached hereto and incorporated herein. That the official Zoning Map of the City Council is hereby amended by adding thereto Planned Unit Development 2-06 as herein set forth. That the official Zoning Ordinance 340, of the City Council is hereby amended by adding thereto Planned Unit Development 2-06 as set forth herein. That the zoning of the property in the City of San Jacinto, as shown on Exhibit "A" attached hereto and incorporated herein, is hereby established as Two -Family Residential-PUD (R-2-PUD). The City Clerk shall certify the adoption of this ordinance and cause the same to be published in a newspaper of general circulation printed and published in the County of Riverside, State of California. Introduced at a regular meeting of said City Council on the 7th day of May, 2009. MOVED, PASSED, AND ADOPTED at a regular meeting of the City Council on the 21 st day of May, 2009 by the following vote. Ayes: Nays: Absent: Abstain: City of San Jacinto by Dale Stubblefield, Mayor ATTEST: Barry McClellan, City Clerk CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) I, Barry McClellan, hereby certify that the foregoing is a true copy of Ordinance No. 09-02 duly adopted by the City Council of City of San Jacinto, California at a regular meeting thereof held the 21 st day of May, 2009. WITNESS my hand and official seal of the City of San Jacinto this day of 2009. Barry McClellan, City Clerk ERA 11\4.1 U. MIME IMMO IMMO WWI INIMO N�r1�ommi I NW* *purr IMOMHO 1 M1EMMM Exhibit "A" 1111111101 NE /\ I/\ I 1 l 1/ I munimme IIIIIIIN� b umai CM ■c NMI iMINI • 0111111 ii • ■ R-2 PUD Subject Site R1 to R-2 PUD R-1 Valley Community Church Lei R-1OO' R-1 Planned Unit Development 2-06 CITY OF SAN JACINTO Community Development Department RESOLUTION NO. 08-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, CALIFORNIA RECOMMENDING APPROVAL OF TENTATIVE TRACT MAP NO. 34664, A 37-LOT PLANNED UNIT DEVELOPMENT SUBDIVISION LOCATED ON THE WEST SIDE OF KIRBY STREET APPROXIMATELY 330-FEET NORTH OF ESPLANADE AVENUE: FILE NO. TR 34664. WHEREAS, Mario Zamorano filed an application on August 18, 2006 for Tentative Tract Map No. 34664 to subdivide 5.01 acres into 37 single-family lots, located on the west side of Kirby Street approximately 330 feet north of Esplanade Avenue, and more particularly described in Exhibit "A" ("Tentative Map"); WHEREAS, the property affected by the Application is zoned R-2 Two - Family Residential (PUD); WHEREAS, the Application was reviewed, studied, and found to comply with the California Environmental Quality Act ("CEQA") as more fully described below; WHEREAS, on December 11, 2008, the Planning Commission of the City of San Jacinto ("Planning Commission") conducted a duly noticed public hearing on the Application, at which time all persons wishing to testify in connection with the Application were heard and the Application was comprehensively reviewed; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. Based on the entire record before the Planning Commission, all written and oral evidence presented to the Planning Commission, and the findings set forth in this Resolution, the Planning Commission recommends that the City Council approve Tentative Tract Map No. 34664, subject to the conditions of approval in the staff report. SECTION 2. Pursuant to California Government Code Section 66410 et seq., based on the entire record before the Planning Commission and all written and oral evidence presented to the Planning Commission, the Planning Commission finds as follows: A. The proposed subdivision is designed, to the extent feasible, to provide for passive or natural heating or cooling opportunities because the lot size and the orientation does not preclude roof orientation for solar applications or passive applications such as eave design and landscaping used for shade. B. The proposed subdivision and the provisions for its design and improvement are consistent with the General Plan for the City of San Jacinto because the land use designation is Medium Density Residential (MDR), which allows residential densities of up to ten (10) units per acre. The proposed Tentative Tract is designed at a density of 7.38 dwellings per acre. Provisions for design and improvements promote the goals and objectives of the General Plan. C. The Tentative Tract Map provides for land uses compatible with the surrounding area, as the properties surrounding the site are designated residential, with either existing residential developments or vacant land available for residential development, and the provisions for design and improvements of the tract promote the goals and objectives of the General Plan as infrastructure facilities (water, sewer, street, flood control and solid waste) around the project site will be maintained and expanded to meet the future growth of the community. D. The proposed project is consistent with City standards, ordinances, and policies in that the minimum lot size is consistent with the PUD ordinance and the streets have been designed to be consistent with the General Plan Circulation Element. E. The Subject Site is physically suitable for the type and density of development proposed in the Tentative Tract Map because the project is developed at a density below what is permitted by the General Plan and is designed to comply with the lot dimension requirements of the zoning ordinance and the required right-of-way width for the streets. F. The subdivision design and improvements proposed in the Tentative Tract Map are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat because no development will occur in any significant habitat of a rare or endangered species of plant, animal, or insect, or any fragile or unique biotic community. G. The subdivision design and type of improvements proposed in the Tentative Tract Map are not likely to cause serious public health problems because all development and public improvements will be performed per the requirements of all applicable standards and codes, including the zoning and building codes. H. The subdivision design and type of improvements proposed in the Tentative Tract Map will not conflict with easements acquired by the public at large for access through or use of the Subject Site because all easements will be vacated. The discharge of waste into an existing sewer system from development proposed in the Tentative Tract Map will not cause a violation of existing requirements prescribed by the local water quality control board because all dwellings will be required to obtain connection permits prior to occupancy. SECTION 3. Pursuant to section 66412.3 of the Government Code, based on the entire record before the Planning Commission and all written and oral evidence presented to the Planning Commission, the Planning Commission finds the subdivision and improvements proposed in the Tentative Tract Map help the City of San Jacinto meet its regional housing needs because the development will provide for a balanced residential environment with access to employment opportunities, community facilities, and adequate services. SECTION 4. Based on the entire record before the Planning Commission and all written and oral evidence presented to the Planning Commission, the Planning Commission finds the nature and extent of the dedications, reservations, impact fees, and other exactions are reasonably related to public needs and roughly proportional to the impacts created by the subdivision and improvements proposed based on studies conducted prior to adopting the development fees. SECTION 5. Based on the entire record before the Planning Commission and all written and oral evidence presented, the Planning Commission finds the proposed Tentative Tract Map complies with CEQA for the following reasons: The proposed project will not result in significant adverse environmental effects, as a Mitigated Negative Declaration has been prepared. Potential environmental impacts will not be significant because revisions to the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION has been prepared. City Staff is directed to file a Notice of Determination within 5 days of project approval. SECTION 6. The location and custodian of the documents and any other material which constitute the record of proceedings upon which the Planning Commission based its decision is as follows: Community Development Department, City of San Jacinto Planning Department, 595 S. San Jacinto Avenue, San Jacinto, CA 92683, 951-487-7330. SECTION 7. Effective Date. This Resolution shall become effective upon its adoption. PASSED, APPROVED AND ADOPTED this 11 th day of December 2008. y ATTEST: Planning Commission Secretary Planning Commission Chairperson NEW 37 HOMES 1340 KIRBY,SAN JACINTO,CA 92582 A.P.N. 431-190-035 TENTATIVE TRACT NO. 34664 !TENTATIVE TRACE NO. E 9" A2 pXx CEPS -Xp4D PARK "�.. cr h t ^� 1 �:da r N LIE TEap' uxlex eLc EncE TENTATIVE TRACT NO. 34212 SITE 121-"rt EuV.AT YGO. A -A i. w.N NamX. CAui. man a.o.mt vBXce Ko. 7.4 Y0 W®m mew-- meg .t ,m MX! A.x9a6THPtr=N1, 0 — If 9 �^y�o. ��l�1Af�'ia�At BIBN ELEVATION 12'-0 ® ' DATE &EV. BETWEEN NOUSE AND HIDE YARD 1.11IDLC st41191 Max 9v'."PACE ''X' X PELI.. WALL RETURN BET. HOUSE BAIDEYAAD FENCE iGGiiCiiCGGGi A Yj� sal&on sr dm M paset. en MA tP B� MATRA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CONDITIONS OF APPROVAL TENTATIVE TRACT NO. 34664, PUD 2-06 and GPA 3-07 Date of Preparation: September 30, 2008 (Modified by Planning Commission 12111108 and City Council 5-7-09) Applicant: Mario Zamorano Location: West side of Kirby Street approximately 350-feet north of Esplanade Avenue General Requirements: 1. The proposal to subdivide 5.0"I acres into 36 single-family residential lots shall comply with the State of California Subdivision Map Act and to all the requirements of the Subdivision and Zoning Ordinance 2. Tentative Tract 34664 shall comply with the development standards of the Two - Family Residential — Planned Unit Development zoning district. 3. This conditionally approved tentative map will expire 2 years after the City Council approval, unless an extension is requested and approved per Section 16.12.150 of the. San Jacinto Municipal Code. In addition to these Planning conditions of approval,this project is also subject the conditions of the City Engineer dated October 24, 2008 as revised April 1 2009, and the Fire Department dated May 27, 2007. 4. This project shall conform to either the park dedication or in -lieu fee measures of the City's Subdivision Ordinance. 5. The applicant shall agree to indemnify, hold harmless, and defend the City, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of this tentative map approval, save and except that caused by City's active negligence. 6. The developer or the developer's successor -in -interest shall be responsible for maintaining any undeveloped portion of the site, including weed abatement. Page 1 of 8 7. The site shall be watered on an on -going basis to control dust during construction and grading. Also, there will be regular street sweeping and clean up of adjacent streets to minimize the amount of dust put into the air from motor vehicle travel. Mud and dirt shall be removed from construction equipment and vehicles prior to leaving the site to ensure they do not spread dirt into the street. 8. Construction and grading activities shall be limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through Saturday, except on legal holidays when construction and grading shall also be prohibited. All construction equipment shall be properly muffled, and/or surrounded by noise attenuating barriers. 9. The project lies within an area of Western Riverside County and the City of San Jacinto known as a Multi -Species Habitat Conservation Plan (MSHCP). This project shall be subject to the payment of these fees prior to the issuance of building permits unless exempted by the ordinance establishing the MSHCP program. The fees shall be subject to the provisions of the enabling ordinance and based upon the fee schedule in effect at the time of building permit issuance. 10. The applicant/developer shall name the City of San Jacinto as the owner and maintenance operator of any sewer collection system within the subdivision. State Fish and Game Fee 11. Upon City Council, Planning Commission, or Staff approval, the applicant shall submit a check to the City, payable to Riverside County, in the amount of $1,910.75, $2057.00, for payment of State Fish and Game fees and County documentary handling fee in conjunction with the filing of a Mitigated Negative Declaration. In accordance with Section 711.4 of the State Fish and Game Code, no project shall be operative, vested, or final until the filing fees have been paid. (Modified at Planning Commission 12-11-08) Prior to Recordation of the Final Map: 12. The developer/applicant shall prepare CC&R's for City review and approval. The CC&R's shall include a provision for maintenance of the common spaces and the private street that provides access to the subdivision and shall include a provision allowing the increase of fees to ensure continued maintenance of all common and public areas in the event any assessment district is reduced or eliminated, and the City shall be a party to the CC&R's. A Home Owners Association (HOA) shall be established to enforce the CC&Rs, and to provide ongoing maintenance of the private street, park and landscaped areas. Page 2 of 8 13. Tentative Tract 34664 shall establish or be incorporated into a Landscape, Lighting and Park District. 14. The developer shall annex into the CFD fund to provide Fire and Police management services. 15. The developer shall annex into the Pavement Management assessment district to ensure street maintenance. Prior to Issuance of a Grading Permit: 16. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading; practices. The final grading plan shall be in substantial conformance with the approved grading plan. 17. Prior to issuance of a grading permit the developer shall submit three (3) copies of a comprehensive grading plan for review and approval. The plan shall comply with the Uniform Building Code, Chapter 70.: The plan shall be drawn on 24" X 36" Mylar by a registered civil engineer. 18. A grading permit shall be obtained from the City of San Jacinto prior to the commencement of any grading outside of the City -maintained road right-of-way. 19. Grading and public it standards and specific line. rover eats shall, be installed in accordance with city ons. The tops of all graded slopes shall be at the property 20. Prior to the issuance of a grading permit, the developer shall enter a Treatment and Disposition Agreement (TDA) with the Soboba Band of Luiseno Indians to address treatment and disposition of archaeological/cultural resources and human remains associated with Soboba Band of Luiseno Indians that may be uncovered or otherwise discovered during construction of the project. The TDA may establish provisions for tribal monitors. Following execution of the TDA by the developer and Soboba Band of Luiseno Indians, the TDA will be incorporated by reference into the grading permit. 21. If an archeological/cultural assessment demonstrates the potential for archeological/cultural resources to occur on the project site, tribal monitors, including the Soboba Band of Luiseno Indians may be allowed to monitor, at -such tribe's sole cost and expense, all grading, excavation, ground -disturbing activities, including further survey. Following the agreement of the City, the designated archeologist, the tribal monitor, and any applicable responsible or trustee agencies, Page 3 of 8 grading, excavation, ground -disturbing activities shall be stopped temporarily and redirected in the event any archeological/cultural resources are discovered in order to evaluate the significance of any archeological/cultural resource discovered on the property. (Modified by Staff 3/17/09) 22. If paleontological resources are encountered during grading, ground disturbance activities shall cease so a qualified paleontological monitor can evaluate any paleontological resources exposed during the grading activity If paleontological resources are encountered, adequate funding shalt be provided to collect, curate and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved. Collected specimens will be sent to the appropriate authorities for collection. 23. If human remains are encountered on the property, then the Riverside County Coroner's Office MUST be contacted within 24 hours of the find, and all work halted until a clearance is given by that office acid any other involved agencies. If it is determined that the remains might be those of a Native American, the California Native American Heritage Commission and the Soboba Band of Luiseno Indians shall be notified and appropriate measures provided by State law shall be implemented. 24. Prior to the issuance of a grading permit, the applicant shall complete a pre - construction biological survey for burrowing owls and nesting birds. 25. A geotechnical engineering report shall be submitted to the City Engineer prior to grading permits,;and all requirements identified in the report shall be adhered to. 26. Prior to issuance of grading permits, the applicant shall submit to the City Engineer for approval, a final Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on - site to reduce pollutants into the storm drain system to the maximum extent practicable. The final Water Quality Management Plan shall identify the structural and non-structural measures consistent with the City's adopted requirements. Prior to Issuance of Building Permits: 27. The developer shall pay school fees as required by State law to help mitigate the effects of this subdivision on the Hemet Unified School District. 28. The developer shall receive written clearance from the Hemet Unified School District. 29. The developer shall pay for the appropriate Flood Control Improvements. Page 4of8 30. The project lies within an area of Western Riverside County and the City of San Jacinto known as a Multi -Species Habitat Conservation Plan (MSHCP). This project shall be subject to the payment of these fees prior to the issuance of building permits unless exempted by the ordinance establishing the MSHCP program. The fees shall be subject to the provisions of the enabling ordinance and based upon the fee schedule in effect at the time of building permit issuance. 31. Any fireplaces located within the individual units shall be natural gas fireplaces. No conventional wood -burning fireplaces are approved as part of this application. 32. A soil report shall be submitted to the Building Department prior to building permits, and all requirements identified in the report shall be adhered to. Prior to Issuance of Occupancy Permits: 33. All existing and new utilities adjacent to and on site shall be located underground as per City of San Jacinto Municipal Code Section 15.32. 34. The applicant shall contact the Sr type and location of mailboxes. 35. The applicant shall install slate, concrete, tile, clay tile or equal roofing material on all units within the subject property. 36. Black address numbers on white fluorescent background shall be painted on the curb (numbers shall be a minimum 4 inches in height). 37. A standard feature of homes within this subdivision shall include pre -wired ceiling n;outlets in the Master Bedroom, Family Room and Living Room. c fficeto`determine the appropriate 38. All garage interiors shall be improved with dry wall, tape and topping. 39. The developer shall pay Traffic Signal Mitigation and the Transportation Uniform Mitigation Fee (TUMF) and all other applicable development fees effective at the time of permit issuance. Landscaping, Fencing and Entry Monumentation: 40. Prior to the issuance of a building permit, the developer shall submit landscape and irrigation plans for each production unit. All front yards shall be fully landscaped in conformance with the City's adopted Landscape Guidelines. Page 5 of 8 Landscaping and automatic irrigation improvements shall be installed prior to the issuance of a Certificate of Occupancy. 41. Prior to issuance of a builldinq permit the developer shall construct submit plans for staff approval for all walls and fences which shall comply with the wall and fence plan and the Residential Design Guidelines approved by the City Council. The wall along Kirby Street and on each side of the gated entry area shall consist of a combination of decorative block and wrought iron so that the landscaped park areas are open and visible from Kirby Street. (Revised by City Council 5-7-09I 42. Prior to issuance of certificate of occupancy 14-feet of parkway landscape treatments shall be installed outside the street right -of way along Kirby Street. 43. Prior to issuance of certificate of occupancy all utility substructures shall be located and/or screened with landscapingmaterials so as to minimize visibility from the public right-of-way. 44. Prior to issuance of certificateof occupancy minimum 14-foot wide stamped concrete crosswalks shall be installed et the project entrances from Kirby Street. 45. Prior to issuan of.c r ificate of occupancy an'entrymonumetation sign, if approved as part of the Development Plan for thece project, may be installed nin the form of a decorative background with appropriate lettering to prevent theft of raised metal letters et the project entrance. 46. Along Kirby Street a :landscape buffer consistent with the adjacent tract shall be provided'betWeen the walkway and perimeter wall. This landscaped buffer shall be installed consistent with the Landscape Design Guidelines. Special Conditions: 47. The developer shall disclose to all future property owners of the tract, indicating the proximity. of large animals and the related insects, noise, dust, odors and the possible use of agricultural chemicals due to the agricultural nature of the surrounding properties. Page 6 of 8 CONDITIONS OF APPROVAL BUILDING AND SAFETY DEPARTMENT General Requirements: 48. All required Fire Department vehicle access roads shall be maintained in a passable condition at all times for emergency Fire Department use. Gates or other obstructions shall be approved by the Fire Department prior to construction. 49. If construction is phased, each phase shall be provided with approved access roads (curb, gutter and all-weather surface) and fire protection prior to building construction. 50. All lumber scraps, combustible materials and other debris shall be picked up daily, or more often as required by the Building and Safe Department. 51. If water supply for fire hydrants is lost or if pressure is dramatically reduced, the applicant/owner should contact the City of San Jacinto, Building and Safety Department. 52. Blue retroreflective pavement markers shall be mounted on private streets, public streets, and driveways to indicatellocation of fire hydrants. Prior to installation, placement of markers must be approved'by the Riverside County Fire Department. Prior to Recordation of the Fins 53. The applicantor developer shall furnish one copy of the water system plans to the ire Department for review. Plans shall be signed by a registered civil engineer, ontaining a Fire Department approval signature block, and shall conform to hydrant type, location, spacing, and minimum fire flow. Once plans are signed by the local water company, the ,originals shall be presented to the Fire Department for signature. 54. The following .note shall be placed on the final map: "The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot." 55. Fire hydrants shall be tested, accepted and placed in service prior to any combustible materials being placed on the site. Hydrants shall be placed on all streets in and around all projects. Page 7 of 8 56. All locations where structures are to be built shall have approved Fire Department access roads (curb, gutter and all-weather surface), for 60,000 Ibs GVW/traffic index of AC thickness of 0.25 feet, provided prior to construction. Prior to Issuance of Occupancy Permits: 57. Specific address for each home shall be provided, shall be contrasting color and background, and shall be 4" in height. All house addresses shall be identified in a clear and concise manner, including proper illumination. Page 8 of 8 Memorandum TO: Asher Hartel, Planning Director, David Clayton, jPl✓anning Technician FROM: Habib Motlagh,' City Engineer DATE: October 24, 2008, Revised 4/ 1 / 09 RE: Tentative Tract 34664 - Private Subdivision With respect to the Conditions of Approval for the above referenced project, the City of San Jacinto requires that the developer provide the following street improvements and/or road dedication in accordance with the City of San Jacinto Municipal Code Title 18. It is understood that the site plan correctly shows all existing and proposed easements, traveled ways, rights -of -way, and drainage courses with appropriate Q's and that their omission may require the map to be resubmitted for further consideration. These Ordinances and the following conditions are essential parts and requirement occurring in ONE is as binding as though occurring in all. They are intended to be complimentary and to describe the conditions for a complete design of the improvements. Unless otherwise noted, all offsite improvements as conditioned shall be installed prior to issuance of any occupancy permits. All questions regarding the true meaning of the conditions shall be referred to the City engineer's office. 1. Drainage and flood control facilities and improvements shall be provided in accordance with Riverside County Flood Control and Water conservation District, and the City of San Jacinto requirement, and the following: a. This project is located within the limits of the San Jacinto Area Drainage Plan for which drainage fees have City Engineer's Office 166 East Main Street, Suite #2 • San Jacinto, CA 92583 • Ph (951) 654-3592 • Fax (951) 654-3672 www.ci.san-jacinto.ca.us been adopted by the City. The developer and residents of this subdivision shall support the continuous maintenance of the offsite street lighting and parkway landscaping and portions of offsite downstream drainage facilities by annexing to the Landscaping, Lighting and Park District No. 2 prior to recordation of any final map or issuance of any permit. All onsite improvements shall be privately maintained. 2. The developer shall provide water and sewer services to this project in accordance with the requirements of the appropriate utility purveyor. This project is within Eastern Municipal Water District's sewer and water service area. Water and sewer services shall be installed per EMWD standards. 3. On and offsite fire hydrants shall be installed as determined by the Fire Department. 4. Prior to issuance of any grading permit, the developer shall comply with the NPDES and S.W.P.P.P. requirements, and NOI must be submitted to the Water Quality Board for review and approval prior to issuance of the grading permit. 5. 6' wide concrete sidewalk and handicap ramps shall be constructed throughout the project (on and off -site). Construction of sidewalk adjacent to driveways shall be in a manner to accommodate ADA Standards, as shown on the tentative map. Construction of onsite sidewalk shall be on one side as shown on the map 6. The street, grading, striping, water, sewer, and drainage improvement plans in addition to hydrological calculations and other supporting documents shall be submitted to the City for review and approval. The improvement shall be installed pursuant to Riverside County Transportation, Riverside County Flood Control, and Eastern Municipal Water District Standards. 7. Marbelite street lights as determined by the City Engineer shall be installed along all streets per SCE and Riverside County Standards. Existing power poles adjacent to this development shall be underground or relocated as appropriate per City and SCE regulations and requirements. Construction of all new utility pedestals shall be below grade. 8. The grading and construction of this project shall be done in a manner to perpetuate existing drainage patterns. Any City Engineer's Office 166 East Main Street, Suite #2 • San Jacinto, CA 92583 • Ph (951) 654-3592 • Fax (951) 654-3672 www.ci.san-jacinto.ca.us deviation, increased or concentration of runoff requires drainage easements from affected property owners. 9. This project is proposing to utilize storm drain facilities installed by the adjacent Tentative Tract No. 32499, providing sufficient hydraulic capacity, the developer shall participate with the maintenance of existing drainage facilities, including pipes, basin by annexation to the City's LLPD No. 2 as determined by the City Engineer. 10. The applicant will be required to construct a private basin as shown on revised tentative map, sized to support the proposed drainage and runoff from this tract. The drainage report shall evaluate the 100 year peak runoff as well as the 100 year, 24 hour storm volume. These events shall be mitigated to a pre - developed condition. The basin shall be fenced, landscaped and equipped with pumps per City standards. 11. Construction of nuisance drainage pipe and catch basins at locations shown on Tentative Tract Map and connected to the proposed basin or existing pipes, as shown, will be required and shall be located as determined by the City. 10-year and 100- year storm events shall be retained within street improvements and proposed right-of-way lines. Additionally, catch basin(s) and 18" pipe shall also be installed at intersection of Kirby and main entrance to eliminate nuisance runoff from cross gutter. 12. Kirby Street along the West side from northerly tract boundary to southerly boundary shall be improved with new asphalt paving and concrete curb, gutter, located 32' from west of centerline, within 44' half -width dedicated right-of-way, and 14' landscape set back. Pavement transitions shall be provided at northerly and southerly tract boundaries as determined by City Engineer. 13. All interior private streets shall be improved with rolled concrete curb located 15' on either side of centerline. The onsite water, sewer and other utilities are to be maintained by agencies, a minimum of 50' public utility easements shall be dedicated on the final map. 14. Minimum centerline gradient shall be 0.5% or as approved by City Engineer. City Engineer's Office 166 East Main Street, Suite #2 • San Jacinto, CA 92583 • Ph (951) 654-3592 • Fax (951) 654-3672 www.ci.san-jacinto.ca.us 15. The following shall be submitted to the City for review and approval prior to issuance of any permit or recordation of the final map: • Street Improvement Plans • Striping Plans • Water and Sewer Plans • Drainage Plans • Hydrology and Hydraulic Report • Landscaping plans • SWPPP (for reference only) • WQMP 16. Access shall be restricted to Kirby Street, except as shown on the tentative map, and so noted on the final map. 17. Traffic calming devices on interior streets may be required during plan check review of improvement plans. 18. Prior to issuance of any building permits, paved access to these units shall be provided. The emergency access shall be designed with calculations as approved by the Fire Department. 19. Pursuant to a recent traffic study prepared by RK Engineering Group, Inc., a traffic signal at the intersection of Kirby and Esplanade Avenue is required. Prior to recordation of Final Map this project shall participate with construction of this signal as stated below: a. Payment of project's development impact fee including transportation and signal. b. Additional development's contribution of $40,000 City Engineer's Office 166 East Main Street, Suite #2 • San Jacinto, CA 92583 • Ph (951) 654-3592 • Fax (951) 654-3672 www.ci.san-jauinto.ua.us John Hawkins Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of: Banning Beaumont Calimesa Canyon Lake Coachella Desert Hot Springs Indian Wells Indio Lake Elsinore La Quinta Moreno Valley Palm Desert Perris Rancho Mirage • San Jacinto Temecula Board of Supervisors Bob Buster, District I John Tavaglione, District 2 Jeff Stone, District 3 Roy Wilson, District 4 Marion Ashley, District 5 RIVERSIDE COUNTY FIRE DEPARTMENT 210 West San Jacinto Avenue • Perris, California 92570 • (951) 940-6900 • Fax (951) 940-6910 05-27-2007 City of San Jacinto/ David Clayton 248 East Main Street San Jacinto, CA 92583 Re: TTM 34664 (37 New Homes) With respect to the conditions of approval for this project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: Schedule "A" fire protection, approved STANDARD fire hydrants, (6" x 4" x 2 t/ "), located at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2-hour duration at 20-psi residual pressure. Blue retro-reflective pavement markers shall be mounted on streets to indicate location of fire hydrants. Placement of markers to be approved by the Fire Department. The applicant or developer shall furnish one copy of the water system plan to the Fire Department for review. Plans shall be signed by a properly registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing, and minimum fire flow. Once the local water company has signed the plans, the originals shall be presented to the Fire Department for signature. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency PRIOR to any combustible building material placed on an individual lot. Gate entrances shall provide a minimum 20-feet clear width and be set back at least 35-feet from the roadway into the project. The center median shown on the example indicates only a 10-foot lane width, and must be widened to meet the minimum access width of 20-feet. All gates shall provide for a KNOX rapid entry system as approved by FIRE. In the interest of Public Safety, the project shall provide an Alternate or Secondary access. Secondary access may restrict INGRESS, but must allow EGRESS without any action other than a vehicle arriving at the gate, and shall provide emergency vehicle access via a KNOX rapid entry system as approved by FIRE. "Crash gates" are not allowed. Secondary access shall connect to a public circulation road, the exhibit only shows an opening into the adjoining parcel. The applicant or developer shall prepare and submit to the Fire department for approval, a site plan designating NO PARKING and/or FIRE LANE locations, with appropriate painting and/or signs. All buildings shall be constructed with class "B" roofing material as per the California Building Code. Scott DeForge, AFM, Planning Section (951) 955-4777 AGENDA ITEM January 22, 2009 TO: The Honorable Mayor and Members of the City Council FROM: David Clayton, Information Planner Via Asher Hartel, Planning Director SUBJECT: General Plan Amendment 3-07, Planned Unit Development 2-06 and Tentative Tract Map No 34664. A Proposal to change the General Plan designation on a 5.01 acre parcel from Low Density Residential to Medium Density Residential, and to change the Zoning from Single Family Residential (R-1) to Two -Family Residential -Planned Unit Development (R-2-PUD), and to subdivide the property into 37 single family residential lots. The project site is located on the west side of Kirby Street approximately 330-feet north of Esplanade Avenue. Applicant: Mario Zamorano 3590 S. Dartmouth Ln. Rowland Heights, CA 91748 RECOMMENDATION: Planning Commission recommends that by motion the City Council: A. Adopt the Mitigated Negative Declaration; and B. Adopt Resolution No. approving General Plan Amendment 1-07 based upon the Planning Commission's recommendation; C. Introduce Ordinance No. 09-02 for first reading approving Planned Unit Development 2-06 based upon the Planning Commission's recommendation and by further motion read by title only: An ordinance of the City Council of the City of San Jacinto, California approving a Change of Zone from Single Family Residential (R-1) to Two -Family Residential-PUD (R-2-PUD), located on the west side of Kirby Street, north of Esplanade Avenue in the City of San Jacinto, County of Riverside. D. Approve Tentative Tract 34664 subject to the attached Conditions of Approval. Approvals City Manager: Finance Director: Page 1 of 3 BACKGROUND: On December 11, 2008 the Planning Commission recommended with a 3-0 vote that the City Council approve the proposed General Plan Amendment 3-07, Planned Unit Development 2-06 and Tentative Tract 34664. The Planned Unit Development application would change the General Plan from Low to Medium Density Residential and change the zone from R-1 to R-2-PUD. DISCUSSION: The proposed Planned Unit Development would be consistent with the adoption of the corresponding General Plan Amendment resolution. This project would affirm the City's direction in changing the area to higher density residential projects. Also, the proposed density of development is less than that allowed by the General Plan as the developer is proposing only 7.38 units per acre versus the 10 units per acre permitted with the adoption of the General Plan Amendment. The adjacent Osborne tract to the north (Tract 34586) has a density of 7.22 dwellings per acre (36 lots on 4.98 acres), and went through the same process as this project (General Plan Amendment/ PUD/Tentative Tract Map). The proposed tentative tract will subdivide 5.01 acres into 37 residential lots with lot sizes ranging from 3,500 to 6,324 square feet. The 37 two story homes will range in size from 1,390 to 1,664 square feet and together with the project amenities and open space complies with the R-2-PUD Zone requirements. The project has two access points. The main gated access on Kirby Street will be used by all residents and guests. A secondary access consisting of a gated access on to Wild Thyme Road at the western project boundary and will allow all vehicles an alternate escape route during emergencies. In addition to the private open space for each individual home, this project includes a .35 acre park area for the benefit of the residents of the PUD. The 108 residents anticipated (2.918 residences average per household times (X) 37 lots (X) .005) would normally require approximately 0.54 acres of unencumbered parkland, but because the project is under 50 lots and the direction is toward larger community parks the applicant will be paying the in -lieu fee. The project was reviewed using the Residential Design Guideline Evaluation system and based on the review criteria the project received 63 points out of a possible of 77 points. 62 points and above is considered a passing score. An environmental initial study has been conducted which has determined that with mitigation proposed, this project will not have a significant impact on the environment with the incorporation of mitigation measures. Therefore, a Mitigated Negative Declaration is recommended. The attached Planning Commission staff report of December 11, 2008 contains additional discussion and analysis of the project. Page 2 of 3 BUDGETARY IMPACT: None ATTACHMENTS: Attachment "A" Resolution No. (GPA 3-07) Exhibit "A" — General Plan Amendment Exhibit Attachment "B": Ordinance No. 09-02 (PUD 2-06) Exhibit "A" — Planned Unit Development Exhibit Attachment "C": Planning Commission Conditions of Approval Attachment "D": Planning Commission Resolution approving Tentative Tract 34664 Attachment "E": December 11, 2008 Planning Commission Staff Report Attachment "F": Residential Design Guideline Evaluation Attachment "G": CEQA document Attachment "H": Tentative Tract Map 34664 Attachment "I": Architectural Site Plan Attachment "J": Floorplans and Elevations Attachment "K": Conceptual Landscape Plan Attachment "L": Color Front Elevations Attachment "M": Aerial Exhibit Attachment "N": Current Zoning Map Attachment "O": Current General Plan Map Page 3 of 3 City Council Minutes January 22, 2009 Page 6 of 19 north of EMWD Regional Wastewater Treatment Plant / Approve and Authorize mayor to execute / Planning Director 3.14 San Jacinto River Levee final design services cost sharing agreement with Riverside County Flood Control and Water Conservation District (RCFC) for final design of the San Jacinto River State 4 Levee project / Approve and Authorize mayor and city manager to execute / City Engineer M/S/C (Ayres / Mansperger) moved to approve the Consent Calendar as presented. Motion carried 4/0. Ayes: Ayres, Mansperger, Potts, Stubblefield Nays: None Absent: Di Memmo Abstain: None 4. PUBLIC HEARING General Plan Amendment 3-07, Planned Unit Development 2-06 and Tentative Tract Map No. 34664 / Planning Director / A proposal to change the General Plan designation on a 4.01 acre parcel from Low Density Residential to Medium Density Residential and to change the zoning from single Family Residential +(R-1) to Two -Family Residential -Planned Unit Development (R-2-PUD), and to subdivide the property into 37 single family residential lots; located on the west side of Kirby Street approximately 330 feet north of Esplanade Avenue / Applicant: Mario Zamorano, 3590 S. Dartmouth Lane, Rowland Heights, CA 91748 A) Adopt the Mitigated Negative Declaration B) Adopt Resolution No. _ approving General Plan Amendment 1-07 based upon the Planning Commission's recommendation C) Ordinance No. 09-02 for the Planned Unit Development 2-06 based on Planning Commission's recommendation / Approve introduction and first reading of Ordinance No. 09-02; and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, approving a Change of Zone from Single Family Residential (R-1) to Two -Family Residential PUD (R-2-PUD), located on the west side of Kirby Street, north of Esplanade Avenue in the City of San Jacinto, County of Riverside D) Approve Tentative Tract 34664 subject to the attached Conditions of Approval City Council Minutes January 22, 2009 Page 7 of 19 Planning Director Asher Hartel gave staff report and reviewed the highlights of the project and requests before the city council. The proposed project has 37 single family lots located on five acres. Vice Mayor Mansperger asked if this project mirrors the Osborne development to the north. Planning Director Hartel stated that the Osborne Development has a mixture of two story and single story homes, and this project is all two story homes. The homes in the proposed development have greater setbacks. The home sizes range from approximately 1400 square feet to1664 square feet. This is a gated community with a secondary access for emergency use only. There is also a private park that is roughly 1/3 of an acre. Mayor Stubblefield questioned who owns the front yards and who will maintain the front yards? Planning Director Hertel stated that this is up to the developer, but he anticipates the homeowner will be responsible for maintaining their yards. Planning Director Hertel reviewed the front elevations and the architecture on the houses. Vice Mayor Mansperger doesn't like to see massive flat roofs on all of the homes. Planning Director Hartel stated that they worked with the architect to avoid stucco boxes. Planning Director Hartel stated that the council needs to replace a page in the staff report, sheet A-2, of the 8 total pages. Mario Zamorano, Ready Consultants, 1050 Whittier Blvd. Unit A, La Habra, CA, (applicant) - is present tonight to answer any questions that the council may have. Councilmember Ayres stated that the city has a scoring system in place to avoid stucco boxes throughout San Jacinto. He asked if the applicant felt his project had been scored fairly with a score of 63 when minimum passing is a score of 62? He is not inclined to approve housing projects when homes are not selling. He would be more supportive if there were any ideas from the applicant to raise the score. Mr. Zamorano replied that many changes were made to satisfy the differing opinions and feels that they did everything possible to make this a great project. Vice Mayor Mansperger asked about the visitor parking spaces and if there are enough. Mayor Stubblefield opened the Public Hearing at 7:55 p.m. City Council Minutes January 22, 2009 Page 8of19 Councilmember Ayres questioned how recreational vehicles will be addressed in this community with the limited space. Planning Director Hartel answered that there is not enough space due to the small lot sizes on this project. The largest side yard on these lots is seven feet and the smallest is 5 feet. There is no space to put a recreational vehicle alongside these homes. Mr. Zamorano also stated that there are several additional parking areas throughout the community. Vice Mayor Mansperger stated that he sees the potential in this project but wants to see better elevations and needs more information on the rooftops. He is concerned about the narrow streets and parking. Planning Director Hartel stated that Osborne's development next door has wider streets and some subtle differences. Councilmember Ayres believes this project can go forward but the council needs to give specific direction to the applicant so that this could be approved at a later date. City Attorney Jeff Ballinger stated that the city council could either continue the public hearing to a date certain, maybe a month or two later or they could table the item and continue to a date certain which would require another notice of the public hearing. Councilmember Potts stated that any questions he had were answered by staff prior to the meeting. He also stated that he is not fond of Planned Unit Developments (PUDs), but if the project meets the given criteria and guidelines, then it should be approved. Councilmember Ayres stated that he would like to continue the item for thirty days in order to further review the project. He believes PUDs serve a purpose and in general is not opposed to them. Mayor Stubblefield stated that he likes PUDs as they give diversity above and beyond standard housing. He wanted to know more about the engineering condition regarding where the water will drain. Planning Director Hertel replied that water will drain into existing facilities located to the west of this project. City Engineer Habib Motlagh explained that the engineering condition stated that an on site basin is needed, but short of that, the water will tie into the same line that the Osborne development will drain to, which is towards 7th Street and Sanderson Avenue. The recommendation of the basin was made to slow the queue of water going towards 7th Street and Sanderson Ave. Mayor Stubblefield stated that water drainage conditions need to be clearly integrated into the conditions. He prefers to have a height variation on the City Council Minutes January 22, 2009 Page 9 of 19 houses and was not sure if thirty days is adequate time to bring this item back before the council. Planning Director Hartel suggested having the elevations on the houses redone by the developer and architect so that the details are clearer and represent different perspectives. He asked if the council would want to see single story homes included in the map? It is unclear as to what the council wants in respect to the engineering conditions. Mayor Stubblefield suggested that the backs of the homes need to be finished and have some sort of variation especially since the property next door is vacant and the backs of the houses are visible from the street. Mr. Zamorano stated that there are only three lots that are large enough to fit a single story footprint. Planning Director Hartel stated that when you put a single story home on a lot, you need a large foot print, which takes away from the backyard space. Planning Director Hartel also stated that this project did go to the Predevelopment Sub -Committee and the project has been around for a while. Mr. Zamorano stated that he is concerned about opinions going back and forth and wants to get clear direction form the city council as to what direction they would like him to take. The applicant stated that he had agreed with Lennar Homes to make the extra access to the west, allowing Lennar Homes to be able to build more homes. Lennar Homes, in turn, was going to provide utilities and bring in the drainage to the applicant's site. Thereby, eliminating a need for a retention basin on this site. Councilmember Ayres stated that clearer direction needs to be provided to the applicant and he would not be opposed to wider streets. Mayor Stubblefield responded that he is comfortable with wider streets, but is not opposed to the design that is in front of the council right now. Mr. Zamorano clarified that he would re -do the roof elevations, and come back in thirty days. Mayor Stubblefield stated that the applicant will come back to the February 19, 2009, City Council Meeting to present the revised renderings. Councilmember Ayres noted that multi renderings will work for the city council. Vice Mayor Mansperger stated that he would like to see some single story properties, and if the property to the north can do it, he does not see why there City Council Minutes January 22, 2009 Page 10 of 19 is an issue. Mr. Zamorano replied that the property to the north has single story homes that are one thousand square feet. Mr. Zamorano offered to change the three homes located on the larger corner lots to single story homes, rather then the two story homes shown on the current map. Mayor Stubblefield asked if there are any requests to speak. Mayor Stubblefield closed the Public Hearing at 8:15 p.m. M/S/C (Ayres / Stubblefield) moved to continue the Public hearing thirty days from today, February 19, 2009, in order for the applicant to bring back the recommended changes requested by the city council. Motion carried 4/0. Ayes: Ayres, Mansperger, Potts, Stubblefield Nays: None Absent: Di Memmo Abstain: None Mayor Stubblefield called fora short recess at 8:16 p.m. The meeting reconvened at 8:26 p.m. 4.2 Change of Zone 1-08 and Staff Review 1-08 Public Hearing / Applicant: Mountain View Capital, LLC / 10765 Double R Boulevard, Suite 200, Reno, NV 89521 / Planning Director A) Adopt a Mitigated Negative Declaration B) Ordinance No. 09-03 / Approve introduction and first reading of Ordinance No. 09-03 and by further motion read by title only; An Ordinance of the City Council of the City of San Jacinto, California, approving a Change of Zone from SP 1-91 to General Commercial (C-2) at the southeast corner of Ramona Expressway and Bridge Road in the City of San Jacinto, County of Riverside C) Approve Staff Review 1-08 subject to the attached Conditions of Approval Planning Director Hartel gave the staff report: The proposed shopping center is located on seven acres located on the Southeast corner of the future Bridge Street. The project site is located between Ramona Expressway and Ramona Boulevard, near Shea Homes. This project was heard by the Planning Commission on December 11, 2008, and they recommended approval of the project. The conceptual elevations are in the packet's that were given to members of the city council. All of the buildings are single story, with a stucco exterior. The applicant is proposing extensive landscaping along Ramona TO: FROM: DATE: SUBJECT: ITEM 5.2 STAFF REPORT Chairman and Members of the Planning Commission David Clayton, Information Planner December 11, 2008 Tentative Tract 34664, General Plan Amendment 3-07 and Planned Unit Development 2-06 Applicant: Mario Zamorano 3590 S. Dartmouth Ln. Rowland Heights, CA 91748 RECOMMENDATIONS: Staff recommends that the Planning Commission make the following recommendations to the City Council: Adopt a Mitigated Negative Declaration; Adopt Resolution No. 08-31 recommending approval of General Plan Amendment 3-07; Adopt Resolution No. 08-32 recommending approval of Planned Unit Development 2-06; and Adopt Resolution No. 08-33 recommending approval of Tentative Tract Map 34664 subject to the Findings of Fact and the attached Conditions of Approval. PROPOSAL: A proposal to subdivide 5.01 acres into a 37 lot planned unit development with gated entry, 26-foot wide private streets and a 0.35 acre park. The project site is located on the west side of Kirby Street approximately 330 feet north of Esplanade Avenue. The applicant is also requesting the zone be changed from R-1 (Single Family Residential, 7200 square foot lot minimum) to R-2 PUD (Two -Family Residential -Planned Unit Development) and the General Plan designation changed from Low Density Residential to Medium Density Residential, which would allow the development of the property. PLANNING COMMISSION December 11, 2008 PAGE NO. 1 EXHIBITS: Exhibit A— Resolution No. 08-31 (General Plan Amendment) Exhibit B— Resolution No. 08-32 (Planned Unit Development) Exhibit C— Resolution No. 08-33 (Tentative Tract Map) Exhibit D— Conditions of Approval Exhibit E— Project Evaluation Sheet Exhibit F— Initial Study Exhibit G— Tentative Tract 34664 Exhibit H— Architectural Site Plan Exhibit I— Floorplans and Elevations Exhibit J— Conceptual Landscape Plan Exhibit K— Color Front Building Elevations Exhibit L— Aerial Exhibit Exhibit M— Current Zoning Map Exhibit N— Current General Plan ENVIRONMENTAL ANALYSIS: An environmental initial study has been conducted which has determined that this project will not have a significant impact on the environment with the incorporation of mitigation measures. Therefore, a Mitigated Negative Declaration is recommended. PROJECT DESCRIPTION: The applicant, Mario Zamorano, is proposing to subdivide 5.01 net acres into 37 residential lots. Lot sizes range from 3,500 to 6,324 square feet with an average lot size of 3,772 square feet. The project includes 1200 square feet of private open space per unit and a 0.35 acre park lot on the west side of Kirby Street. The property is currently undeveloped and is generally flat. Surrounding the site is recent residential uses to the south and west, tracts 34212 and 32499, and a proposal for a similar small lot PUD by Osborne Development (Tract 34586) to the north that was approved by the City Council on June 7, 2007. A 1/2-acre residential lot with a 1577 square foot home built in 1915 and several accessory buildings will remain undisturbed on a separate remainder parcel at the southeast corner of the project site Because the density of 7.38 dwellings per acre exceeds that of the Low Density Residential General Plan designation, a Planned Unit Development (PUD) and General Plan Amendment are being requested. The PUD would change the Zoning from R-1 to R-2/PUD and the General Plan Amendment would change the designation from Low Density Residential to Medium Density Residential to facilitate the development. The adjacent Osborne tract has a density of 7.22 dwellings per acre (36 lots on 4.98 acres), and went through the same process as this project (General Plan Amendment/ PUD/Tentative Tract Map). PLANNING COMMISSION December 11, 2008 PAGE NO. 2 PROJECT ANALYSIS: Project Design: The project has a gated private access point from Kirby Street and a secondary 40 foot wide emergency access through a Fire Department approved gate at the rear of the parcel into a public street in Tract 32499 to the west. A minimum of 14-feet of enhanced paving is conditioned to be installed at the main entrance; in addition entry monumentation to include a decorative background with lettering to prevent theft of individual raised letters to identify the neighborhood will be provided at this intersection. In addition, all perimeter walls securing the site have been conditioned to be constructed of decorative block with pilasters at the corners or at changes to wall planes and a minimum 14-foot landscape buffer between the sidewalk and the wall to soften the wall and to discourage graffiti. Park Issues: The applicant is not proposing any public open space or park area as part of this project. The 108 residents anticipated (2.918 persons average per household times (X) 37 lots x .005) would normally require approximately 0.54 acres of unencumbered parkland. Because the project is fewer than 50 lots and the direction is toward developing larger parks the in -lieu fees will be required to be paid by the applicant. In addition to the 1200 square feet of private open space provided for each residential dwelling, the applicant is proposing 0.35 acres of private park land which includes a tot lot, half -basketball court and a concrete pad with a 10'x16' shade structure for the benefit of the residents within this subdivision. Responsibility for maintenance and operation of this open space will be a function of the home owners association. In comparison, the adjacent Osborne Development tract of 36 lots proposed an amenitized park of 0.64 acres which includes a tot lot, gazebo and an open turf play area. To achieve this size of park the subdivision has smaller lots, reduced building setbacks and generally smaller homes. Development Requirements: The following development requirements have been identified to the applicant with the development of their project: Street Maintenance — As development occurs, it naturally creates increased wear on city streets and roadways. To help finance the improvements and maintenance of city streets and roadways, a Transportation Uniform Mitigation Fee has been established and is collected prior to the issuance of a final certificate of occupancy. Currently the fee under TUMF is $10,046.00 per dwelling unit. For this project, the total fees collected are approximately $371,702.00. These fees do not adequately cover the impacts this tract would have on surrounding streets and roadways. To PLANNING COMMISSION December 11, 2008 PAGE NO. 3 mitigate the impacts of this subdivision the developer shall annex into the Pavement Management assessment district to provide for ongoing street and roadway maintenance and improvements along Kirby Street Secondary Access — For projects over 21 dwelling units the San Jacinto Municipal Code requires a second point of access. The second point of access for this project will be at the western project boundary through a Fire Department approved gate onto Wild Thyme Road of Tract 32499. This emergency access gate will be equipped with a KNOX lock. Signalization — This tentative tract will generate an increase in traffic on both Kirby Street and Esplanade Avenue. With additional developments proposed in the area, signalization of the Kirby/Esplanade intersection is warranted and the Kirby/Seventh intersection will be required in the near future. The approval of this Tentative Tract may cause cumulative impacts at these and other intersections in the area, which will force signalization sooner than planned. As a result, the project is conditioned to install or participate in the installation of traffic signals at the Kirby/Esplanade intersection, and they will receive partial credit against the Traffic Signal impact fee. A payment of $150 per dwelling is currently the fee for signalization impacts. MSHCP — The project lies within an area covered by the Western Riverside Council of Governments (WRCOG) and the City of San Jacinto for an area -wide Multi - Species Habitat Conservation Plan (MSHCP). As such, this project shall be subject to the payment of these fees prior to the issuance of building permits. The fees shall be subject to the provisions of the enabling ordinance and based upon the fee schedule in effect at the time of building permit issuance. School Fees — An increase in the student population will result with this development. To mitigate this impact, the City will require this project to participate in a mitigation program as determined by the Hemet Unified School District to finance future school construction. Police and Fire Protection — With the increase in general population there is a growing need to provide adequate Police and Fire protection. To meet this need, the city has established a number of Fire and Public Safety fees. These fees total approximately $410 dollars per dwelling unit, and are inadequate to provide the levels of service necessary for the anticipated population growth. Additionally, a Community facilities District has been established to fund Fire and Police management services. The developer is conditioned to annex into this district. Planned Unit Development: As part of this application, the applicant is proposing to develop this property as a Planned Unit Development. Compliance with additional development standards is required by a Planned Unit Development. These are discussed below. PLANNING COMMISSION December 11, 2008 PAGE NO. 4 • Open Space — 1200 square feet of open space per dwelling unit is being provided in the form of varied 18 to 20-foot wide rear yards and side yards. In addition to this, a 0.35 acre private park with a half -basketball court, tot lot and a shade structure is also being provided along Kirby Street. The two open space elements provide the minimum square footage of open space. • Landscaping — In addition to the park, each individual front yard lot will be landscaped. The Landscape Design Guidelines include the planting of one 24- inch box street tree and two 15-gallon yard trees. On corner lots, three street trees or one street tree per thirty feet of side yard is required. Proposed landscaping on the Preliminary Landscape Plan does not meet the Landscape Design Guidelines; however the project is a small lot PUD and meets the intent of the Guidelines with the number and spacing of trees proposed. • Architecture/Floor Plans — Three 2-story home types are proposed. Two home types have a living area of 1664 square feet and the third home type has a living area of 1390 square feet. All floor plans include 2-car garages for resident parking, driveway and stall parking for guests. On street parking may be restricted because of the street width. The elevations consist of stucco exterior walls and concrete roofing tile and enhanced garage doors. Typical architectural elements consist of window shutters and enhanced window trim. Front porches are provided on most plan types. • Plotting - The plot plan proposed shows three models of homes, the lot square footage and the floor area ratio. The following tables provides a breakdown of the attributes of each model and lot: PLANNING COMMISSION December 11, 2008 PAGE NO. 5 3710 3710•° 3 (1) 3710 1664 2 .44 21 (2) 3640 5 (1) 3710 1664 2 .44 23 (2) 3640 an 1390 2 .37 19 (2) 3640 7 (1) 3710 1664 2 .44 25 (3) 5272 9 (3) 3640 1390 2 .38 27 (2) 3500 0' 11 (2) 3640 1664 2 .45 29 (2) 3500 13 (2) 3640 1664 2 .45 31 (2) 3500 15 (2) 3640 1664 2 .45 33 (2) 3500 16'(3) 3640 ` 139b 2 38 34 (1) 350© 17(3) 3640 1390 2 .38 35 (2) 3500 37 (3) 6324 1 3 Residential Development Design Guidelines 14 8 1664 1620 1390 1664 1664 1664 2 2 2 2 2 2 2 2 .45 .44 .26 .47 .47 .47 .47 .47 As this is a PUD project, details of house types and architecture, landscaping, and wall and fence plans are required. The project has been evaluated using the adopted Residential Development Design Guidelines Evaluation System, which is attached. The project received above the minimum required for approval, and is therefore acceptable for the point portion of the evaluation. Landscaping has been found to be adequate as shown on the Preliminary Landscape Plan. All sections of the evaluation received "yes" responses. If the Planning Commission agrees with the staff analysis of the project and is satisfied with revisions made, staff recommends that the Planning Commission recommend approval of the project to the City Council subject to the attached conditions of approval. PLANNING COMMISSION December 11, 2008 PAGE NO. 6 ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Tentative Tract 34664, GPA 3-07 and PUD 2-06 2. Lead Agency Name and Address: City of San Jacinto 248 E. Main St. San Jacinto, CA 92583 3. Contact Person and Phone Number: David Clayton 951-487-7330 4. Project Location: West side of Kirby Street, 330-feet north of Esplanade Avenue 5. Project Sponsor's Name and Address: Mario Zamorano 3590 South Dartmouth Lane Rowland Heights, California 91748 6. General Plan Designation: Low Density 7. Zoning: R-1 One Family Residential Residential 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheet(s) if necessary.) A proposal to subdivide 5.01 acres of vacant agriculture land into 37 single family residential lots with a open play area and a .59 acre remainder parcel 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) Single Family Residential on 3500 square foot lots. 7200 square foot lots are located south and west of the project site. A similar small lot PUD is proposed to the north. To the east an existing residential home on a .59 acre lot 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): ENVIRONMENTAL FACTORS POTENTIALLY A1-FECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ® Air Quality ® Biological Resources ® Cultural Resources ® Geology / Soils El Hazards & Hazardous Materials ® Hydrology / Water Quality ❑ Land Use / Planning El Mineral Resources ® Noise ❑ Population / Housing ® Public Services ❑ Recreation ® Transportation / Traffic ❑ Utilities / Service Systems ❑ Mandatory Findings of Significance SAN JACINTO\W. RIV LARGE NPDES\SACUTB\2006/22622.1 Page 1 of 16 FORM "J" DETERMINATION (To be completed by the Lead Agency): On the basis of this initial evaluation: El 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I tind that although the proposed project could have a signiticant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. El I find that the proposed project MAY have a "potentially significant" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. El I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 5/30/07 Date Signature David Clayton Tim Hults. Assistant City Manager Printed Name For EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. SAN JACINTO\W. RIV LARGE NPDES\SACUTB12006/22622.1 Page 2 of 16 FORM "J" 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross- referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. SAMPI J QUESTION Issues: I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, tress, rock outcroppings, and historic buildings within a state scenic highway? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ SAN JACINTO\W. RIV LARGE NPDES\SAC\JTB\2006/22622.1 Page 3 of 16 FORM "J" Issues: c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ tz ❑ ❑ ❑ El ❑ ❑ ® ❑ ❑ ® ❑ ❑ SAN JACINTO\W. RIV LARGE NPDES\SACUTB12006/22622.1 Page 4 of 16 FORM "J" Issues: Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ SAN JACINTO\W. RIV LARGE NPDES\SACVTB120O6/22622.I Page 5 of 16 FORM `J" Issues: d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ El ❑El m El SAN JACINTOIW. RIV LARGE NPDESISACVTB12006/22622.1 Page 6 of 16 FORM "J" Issues: Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 1 B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 111 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ IZI ❑ ❑ E ❑ ❑ E ❑ ❑ ❑ SAN JACINTOIW. RIV LARGE NPDESISACUTB12006/22622.1 Page 7 of 16 FORM " T' Issues: b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ El ❑ ❑ ❑ El ❑ ❑ ❑ El ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SAN JACINTO\W. RIV LARGE NPDES\SAC\JTB\2006/22622.1 Page 8 of 16 FORM "J" Issues: VIII. HYDROLOGY AND WATER QUALITY. Would the project: a) During project construction, will it create or contribute Urban Runoff that would violate any water quality standards or waste discharge requirements, including the term's of the City's municipal separate stormwater sewer system permit? For purposes of Section VIII, "Urban Runoff' is defined as stormwater and non-stormwater discharges from residential, commercial, industrial, and construction areas. "Urban Runoff" does not include discharges from feedlots, dairies, farms, or open space. b) After the project is completed, will it create or contribute Urban Runoff that would violate any water quality standards or waste discharge requirements, including the terms of the City's municipal separate stormwater sewer system permit? Provide for the discharge of substantial additional sources of pollutants into Urban Runoff, including pollutants discharged from delivery areas; loading docks; other areas where materials are stored, vehicles or equipment are fueled or maintained, waste is handled, or hazardous materials are handled or delivered; other outdoor work areas; or other sources? d) Discharge pollutants in Urban Runoff so that one or more Beneficial Uses of receiving waters are adversely affected? "Beneficial Uses" include all uses of water necessary for the survival or well- being of man, plants and wildlife. e) Discharge stormwater so that significant harm is caused to the biological integrity of waterways or water bodies? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ ❑ ❑ ❑ SAN JACINTOIW. RIV LARGE NPDESISACUTB12006/22622.I Page 9 of 16 FORM "J" Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact f) Violate any water quality standards ❑ ❑ ❑ or waste discharge requirements? g) Substantially deplete groundwater ❑ El ® ❑ supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? h) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? i) Significantly increase erosion, either on or off -site? j) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? k) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems? 1) Significantly alter the flow velocity or volume of stormwater runoff in a manner that results in environmental harm? m) Otherwise substantially degrade water quality? ❑ ® ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ E ❑ SAN JACINTO\W. RIV LARGE NPDES\SACUTB\2006/22622.I Page 10 of 16 FORM "J" Issues: n) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? o) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? p) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? q) Expose people or structures to inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ ❑ ❑ ❑ SAN JACINTO\W. RIV LARGE NPDESISACUTB12006/22622.1 Page 11 of 16 FORM "J" Issues: b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan. specific plan or other land use plan? XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SAN JACINTOIW. RIV LARGE NPDESISACUTB12006/22622.1 Page 12 of 16 FORM "J" Issues: XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII PUBLIC SERVICES. Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ El ❑ ❑ ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ❑ ® ❑ SAN JACINTO\W. RIV LARGE NPDES\SACVTB12006/22622.1 Page 13 of 16 FORM "J" Issues: XIV. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? XV. TRANSPORTATION / TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ® ❑ ❑ ❑ ® ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ IZ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ SAN JACINTO\W. RIV LARGE NPDES\SACUTB\2006/22622.1 Page 14 of 16 FORM "7" Issues: g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? In making this determination, the City shall consider whether the project is subject to the water supply assessment requirements of Water Code Section 10910, et. seq. (SB 610), and the requirements of Government Code Section 664737 (SB 221). e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ LI SAN JACINTO\W. RIV LARGE NPDES\SAC\JTB\2006/22622.1 Page 15 of 16 FORM "I" Issues: €) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term environmental goals to the disadvantage of long- term environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ ® ❑ ❑ ® ❑ SAN JACINTO\W. RIV LARGE NPDES\SAC11TB\3006/22622.1 Page 16 of 16 FORM "J" Findings of Fact 1. AESTHETICS la No state scenic highways are located within or adjacent to the City limits, according to the State of California Department of Transportation (CalTrans) California Scenic Highway System web site. Therefore, there would be no significant impact to scenic highways from the proposed project. lb The City of San Jacinto General Plan designated the San Timoteo Badlands and the San Jacinto Mountain Foothills as a scenic resource within the City. However, the General Plan does state that "enhancement and preservation of public views of the mountains and hillsides" is a General Plan Land Use goal. The base of the San Jacinto Mountains and local hillsides, provides an aesthetically pleasing views from many locales. The tree -lined streets of the community also enhance the aesthetic atmosphere of the area. The project site consists of idle agriculture land being converted to residential uses. Similar residential lower density residential uses are located on the western and northern project boundaries. This area is being developed into single family residences have been anticipated, but the site is not in an area where scenic vistas will be impacted by the construction of the proposed project. Therefore, no significant adverse impacts to the visual character and quality of the area are anticipated. lc The proposed project will generate light and glare similar to other detached single family subdivisions that currently exist within the City. Light and glare generated by the proposed project will include street lights, vehicle lights, and both interior and exterior lighting in and around individual residences. This amount and type of lighting will result in a change from the existing condition, but will not significantly affect the day or nighttime views of the area. The City of San Jacinto has established standard conditions of approval that when applied to residential projects, would act as mitigation for adverse conditions. In this case, nighttime lighting and related glare associated with a residential subdivision can interrupt views of the night sky. The City has standard conditions of approval that apply to residential projects that work as mitigation for potential impacts. Therefore, no additional mitigation is required. MITIGATION: None II. AGRICULTURE RESOURCES 2a-c The project site is currently idle farm land and is not located in an agriculture preserve. The site is zoned One -Family Residential (R-1) and like many properties in the area is being converted to more non -agriculture uses. Despite the suitability of the soils for farming on the property, urbanization in the community, high cost of water and pressures for additional development severely constrain the viability of agriculture as a dominant land use. The transition of agricultural uses to more urbanized uses is expected and is consistent with the objectives of the General Plan, Therefore, no significant impacts are anticipated on agricultural resources. MITIGATION: None III. AIR QUALITY 3a/c. The City of San Jacinto is part of the South Coast Air Basin (SCAB) and is at times adversely impacted by polluted air trapped by an inversion layer. Wind conditions and temperature variations result in the air quality being better at night and during the winter months than during summer days. The Air Quality Management Plan (AQMP) for the South Coast Air Basin sets forth a comprehensive program that will lead the SCAB into compliance with all federal and state air quality standards. The AQMP control measures and related emission reduction estimates are based upon emissions projections for a future development scenario derived from land use, population, and employment characteristics defined in consultation with local governments. Accordingly, conformance with the AQMP for development projects is determined by demonstrating compliance with local land use plans and/or population projections. For the proposed project, the proposed Tract Map is consistent with the underlying general plan designation and zoning. 3b. Screening Tables 6-2 and 6-3 contained in the CEQA Air Quality Handbook identify potentially significant air quality impacts for single-family housing units of 166 or greater and grading operations of 177 acres or greater, respectively. The proposed project, with 37 lots, does not exceed the threshold for residential dwelling units. Grading activities will generate short-term dust, smoke and odors. These will be short-term in nature and will cease when construction is completed. The construction of 37 new single family dwellings will result in additional motor vehicle trips in the area. Individually, this development will not have a significant impact on air quality in the SCAB, but the project will incrementally contribute to the overall air quality degradation in the SCAB. However, with the proposed mitigation measures identified below there will be less of a significant impact on air quality. 3d/e. The proposed project will occur on a vacant parcel surrounded by existing and/or proposed residential development immediately north, south, and west of the project site. The CEQA Air Quality Handbook identifies residences, schools, playgrounds, athletic fields, convalescent facilities, rehabilitation centers, retirement homes, health care facilities, and hospitals as sensitive receptors. However the proposed project will include control measures as prescribed in the South Coast Air Quality Management Plan for control of potential pollution generated by the development of the site. In addition, the City has established standard conditions of approval based on the South Coast Air Quality Management Plan that will safeguard sensitive receptors from potential exposure to pollution generated by the project. The proposed single-family residential project will be compatible with the surrounding land uses and will not adversely affect existing sensitive receptors. During construction the proposed project will include operations that will have odors associated with equipment and materials. None of these odors are permanent, nor are they normally considered so offensive as to cause sensitive receptors to complain. Diesel fuel odors from construction equipment and new asphalt paving fall into this category. Based on both the short-term of the emissions and the characteristics of these emissions, no significant odor impacts are forecast to result from implementing the proposed project. MITIGATION: The site shall be watered on an on -going basis to control dust during construction and grading. Also, there will be regular street sweeping and clean up of adjacent streets to minimize the amount of dust put into the air from motor vehicle travel. Mud and dirt shall be removed from construction equipment and vehicles prior to leaving the site to ensure they do not spread dirt into the street. An energy conservation plan showing compliance with Title 24 (Building Standards) of the California Administrative Code shall also be provided. IV. Biological Resources 4a/f Riverside County has completed a comprehensive planning effort called the Riverside County Integrated Project (RCIP) which integrates three regional planning efforts; a County General Plan, a Community and Environmental Transportation Acceptability Process, and a Multiple Species Habitat Conservation Plan (MSHCP). The final MSHCP was approved by the County Board of Supervisors on June 17, 2003 creating a comprehensive, multi -jurisdictional effort that includes portions of Western Riverside County and fourteen cities. Rather than deal with endangered species on a one -by -one basis, this Plan focuses on the conservation of 146 species. The MSHCP proposes a reserve system of approximately 500,000 acres of which approximately 347,000 acres is currently within public ownership and 153,000 acres are currently in private ownership. This approved MSHCP will contribute to the economic viability of the region by providing landowners, developers, and those who build public infrastructure with certainty, a streamlined regulatory process, and identified project mitigation. A Summary Custom Report was run using the Riverside County web site indicated that the parcel is are not located within a proposed criteria area, therefore the developer is not required to participate in the Habitat Assessment Negotiation System (HANS) process with the County of Riverside. In addition, the summary report identified the burrowing owl as the only species of concern located on the project site. A Biological Report was therefore required of the developer to ensure that no significant impact would be created by the proposed project. 4 b/c The project site is 5.60 gross acres in size and is located at on the west side of Kirby Street approximately 330-feet north of Esplanade Avenue. Biological survey was conducted on the site by Environmental Consultant Joan Callahan, PhD on 31 December 2006 and again on 3 January 2007. She evaluated the site for the presence of any Federal or State endangered, threatened, or proposed species or their habitats, as well as any Federal candidate species or species of concern, or State listed or priority species. The Survey for these species was conducted as per guidelines established by U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG). The report indicated that, at the time of the survey, no burrowing owls were observed, and at the time of the survey the site had been recently deep disked and concludes that the potential for burrowing owl habitation is minimal. 4d. Wildlife movement and the fragmentation of wildlife habitat are recognized as important wildlife issues that must be considered in assessing impacts to wildlife. In summary, habitat fragmentation is the division or breaking up of larger habitat areas into smaller areas that may or may not be capable of independently sustaining wildlife and plant populations. Wildlife movement is the temporal movement of species along various types of corridors. Wildlife corridors are especially important for connecting fragmented wildlife habitat areas. The property has been intensively farmed, and as a result has very little wildlife value for most species. In addition, the property is bordered on the east by Kirby Street which is a well traveled road. Wildlife movement through the property is probably limited to human tolerate species such as, American crow, common raven, house finch and similar species. The wildlife use of this site is expected to be minimal. Most of the bird species observed using the site belonged to human tolerate species such a mourning dove, American crow, and house sparrow. Habitat fragmentation has already occurred in the areas surrounding the site due to agricultural practices and housing and road construction. The loss of the habitat on this property does not contribute significantly to additional habitat fragmentation. 4e. As identified in the biological study, no owls were observed on the site and there is a potential for the burrowing owls to colonize the project location. However in accordance with standards established by Riverside County, a condition has been added that the pre -construction survey be completed prior to grading. 4f. The Army Corps of Engineers regulates discharges of dredged or fill material into waters of the United States. These watershed include wetlands and non -wetland bodies of water that meet specific criteria. Corps regulatory jurisdiction pursuant to Section 404 of the Clean Water Act is founded on a connection or nexus between the water body in question and interstate commerce. This connection may be direct; through a tributary system linking a stream channel with traditional navigable waters used in interstate or foreign commerce, or may be indirect, through a nexus identified in the Corps regulations. There are no Corps jurisdictional drainages or wetlands on -site. MITIGATION: Prior to the issuance of a grading permit, the applicant shall complete a pre -construction burrowing owls. V. CULTURAL RESOURCES 5a. The City of San Jacinto is the oldest incorporated community in Riverside County. According to the City's General Plan, San Jacinto "contains many early 20th Century homes, including a number of Victorian houses and California bungalows. In addition, the City contains several late 19th and early 20th century commercial structures in the downtown area." The project site is currently in an idle state and has been use for agriculture in the past. The archaeological records check completed by Eastern Information Center indicated no cultural resources have been recorded within the project boundaries and that like many places there always is a potential of uncovering buried artifacts and that the property owner should be prepared to contact a qualified archaeologist if such remains are uncovered. In addition, this site (now part the remainder parcel) was included in the Historic Resource Inventory completed by the County of Riverside in 1981. The house is identified as a classic example of a vernacular farm house and maybe eligible for listing on the National Register for individual property. The house on the remainder parcel is not located within the area of development so the chance of uncovering significant historical resources is low. 5b. Survey of an adjacent site which included a records search and consultation with the local tribes concluded that the original project site and adjacent (this site) did not possess find any Archaeological Resources; nor has farming in the vicinity of the project site exposed any Archaeological Resources. Although it is unlikely that development of the project site would uncover archaeological resources, the City recognizes the possibility does exist and has identified a standard condition of approval that applies to all development projects in the City. If archeological resources are encountered during grading, ground disturbance activities must cease so a qualified archeological monitor can evaluate the resources. 5c. There are no known significant fossil locations documented within the City of San Jacinto. Farming of the project site did not expose any paleontological Resources. However, due to the geological makeup of the area, it is reasonable to assume that the potential exists for fossil assemblages to exist in the region. Since fossils are generally very fragile, they must be studied in context, on -site, for maximum scientific benefit. Disturbance of any fossil discoveries could significantly degrade their value to science and lessen the potential to learn more of the region's history. The City has a standard condition of approval that must be followed by the applicant to ensure that any paleontological resources uncovered are handled appropriately. If paleontological resources are encountered during grading, ground disturbance activities shall cease so a qualified paleontological monitor can evaluate any paleontological resources exposed during the grading activity. If paleontological resources are encountered, adequate funding must be provided by the applicant to collect, curate, and report on resources to ensure the values inherent in the resources are adequately characterized and preserved. The project is not anticipated to have any impacts on Paleontological Resources. 5d. It is unlikely that any human remains would be found on -site. However there is a remote possibility that excavation of human remains could inadvertently occur. The City has a standard condition of approval that must be followed by the applicant to ensure that any human remains uncovered are handled appropriately. If human remains are encountered on the property, the Riverside County Coroner's Office and the Soboba Band of Luiseno Indians must be contacted within 24 hours of the find, and all work should be halted until a clearance is given by that office and any other involved agencies. A standard General Plan directed mitigation condition has been added. MITIGATION: Prior to the issuance of a grading permit, the developer shall enter an a Treatment and Disposition Agreement (TDA) with the Soboba Band of Luiseno Indians to address treatment and disposition of archaeological/cultural resources and human remains associated with Soboba Band of Luiseno Indians that maybe uncovered or otherwise discovered during construction of the project. The TDA may establish provisions for tribal monitors. Following execution of the TDA by the developer and Soboba Band of Luiseno Indians, the TDA will be incorporated by reference into the grading permit. If archeological/cultural assessment demonstrated the potential for archeological/cultural to occur on the project site, tribal monitors, including the Soboba Band of Luiseno Indians maybe allowed to monitor, at such tribe's sole cost and expense, all grading, excavation, ground -disturbing activities, including further survey. Following the agreement of the developer, the designated archeologist, tribal monitor, and any applicable responsible or trustee agencies, grading, excavation, ground - disturbing activities shall be stopped temporarily and redirected in the event any archeological/cultural resources are discovered , in order to evaluate the significance of any archeological/cultural resource discovered on the property. VI. GEOLOGY AND SOILS 6a (I) The site does not lie within a designated State of California Alquist-Priolo Earthquake Fault Zone. Therefore, project site is not subject to ground shaking during earthquake activities. 6a (ii) Due to the proximity to known active faults in the region, the project site is susceptible to disturbances from seismic activity; most commonly groundshaking. Locally active faults (the San Jacinto fault and the Casa Loma fault) have been identified in and around the City of San Jacinto. The project site is located approximately 1/2 -mile from the Casa Loma fault which may pose a potential threat to the project. Protection against damage by major regional seismic events is addressed through local building code requirements. Adherence to grading and building construction standards would ensure that impacts associated with groundshaking during a seismic event would be less than significant. The City has standard conditions of approval for projects to ensure proper grading and compaction to minimize impacts associated with groundshaking. A preliminary soils report must be prepared by a California licensed geotechnical engineer or civil engineer skilled in soils/foundation investigations and shall be submitted for review by the Building Department prior to the issuance of grading or building permits. 6a (iii) Liquefaction is generally not a problem in the San Jacinto area because ground water levels tend to be in excess of thirty feet deep. However, liquefaction may be of concern in areas adjacent to the San Jacinto River. The proposed project is not located adjacent to the San Jacinto River. Therefore no significant impacts are expected. 6a (iv) Landslides are relatively minor hazards in the urbanized portions of San Jacinto. However, they represent a severe hazard in the northern portion of the City where the valley floor intersects with the San Jacinto Mountains. Landslides are reported in this area during periods of heavy rain. The project site is flat and not located in an area known for landslides. Therefore, no impacts are anticipated. 6b/d Ground subsidence is recognized as a problem occurring within the City of San Jacinto. There is a potential for substantial differential settlement of poorly consolidated settlements during strong shaking. Soils reports taken throughout the area show a poor natural soils compaction with may be another factor in the potential for subsidence. However, a detailed soils investigation is required prior to issuance of grading or building permits to address any special requirements to reduce any impact to non- significant. 6c Collapsible soils are common phenomenon in the San Jacinto Valley. This impact commonly occurs when the soils are wetted during a rainstorm. To mitigate this impact to non -significant a specific geotechnical engineering investigation shall be conducted to determine the appropriate mitigations prior to the issuance of a grading permit. 6e Based on the lot size, there is a potential for the use of alternative waste water disposal systems. However, sewer lines are proposed to be located on Kirby Avenue and the developer will be required to connect into the existing sewer system as determined by the City Engineer. Mitigation: 6a(i)/6a(iv) None 6b/d. A soil report shall be submitted to the Building Department prior to building permits, and all requirements identified in the report shall be adhered to. 6c. A geotechnical engineering report shall be submitted to the City Engineer prior to grading permits, and all requirements identified in the report shall be adhered to. VII. HAZARDS AND HAZARDOUS MATERIALS 7a/h The project does not have any elements that would create a significant hazard or interfere with emergency response plans, airports or is located in an area of wild land fires. The site is not included on the list compiled in accordance with CA Government Code Section 65962.5 (Cortese List). Therefore, no impacts with hazardous materials are anticipated. Mitigation: None VIII. HYDROLOGY AND WATER QUALITY 8a. The project site is not in or adjacent to a 100-year floodplain as shown on FEMA Flood Insurance Rate Map. The project will result in a change to the existing pattern in the area and increase the amount of impervious area on the project site; however, the proposal includes drainage facilities to direct stormwater and nuisance run-off that should serve to mitigate any impacts that may be created by the project. The project will be required to comply with adopted BMP's (Best Management Practices) to eliminate or reduce the potential impacts to water quality to a level of insignificance. The project will contribute to cumulative ground water depletion in the area; however, the project is consistent with the future growth envisioned by the adopted general plan. Therefore, the project proposal is not anticipated to have significant negative impacts due to water quality. 8b. Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows during a concurrent storm event, thus resulting in surface water quality impacts. The project site is larger than one acre and, therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution. Development in the City of San Jacinto is subject to the State of California's General Construction Permit under the federal NPDES. The Permit requires that any development proposal that would disturb more than one acre is required to file a Notice of Intent and prepare and implement a Stormwater Pollution Prevention Plan (SWPPP) prior to implementation of grading or other soil disturbing activities. In addition, the project will result in changes in absorption rates and the rate and amount of surface runoff from the project site due to the development of new roads, driveways, sidewalks, and rooftops. A Water Quality Management Plan (WQMP) that identifies how urban pollutants will be handled must also be developed for the proposed project. 8c/f. The project will result in new surface runoff from the project site. The project would also introduce urban pollutants both during construction and after the subdivision is completed in the form of gas, oil, pesticides, etc. The increase potential for pollution discharge is not anticipated to be significant because of the relatively small scale of the project and the size of the proposed lots. The required WQMP will ensure that pollution discharge impacts are a less than significant issue 8g. The adoption of an Urban Water Management Plan (UWMP) is required under the State Water Code. Currently, the Eastern Municipal Water District (EMWD), the project site's water purveyor, receives most of its water supply from wells. Additional water is received from importing from northern California and the Colorado River, recycled water from the San Jacinto Valley Regional Water Reclamation Facility, and surface water from the San Jacinto River. Existing groundwater resources are in overdraft, which is a regional condition. The Hemet/San Jacinto Water Management Plan includes both a water shortage contingency plan and a list of water conservation measures that apply to new development projects. The City of San Jacinto Planning Department has not received comments from EMWD that reflects the need to curtail development at this time. In response to the use of low flow plumbing fixtures, which are already required region -wide by the State Appliance Efficiency Standards in Title 20, this project and all others within the region will be required to comply with this criteria, which will reduce the water demand of new projects. The EMWD has developed several strategies for managing the groundwater basin in order to provide a consistent long-term water supply in the region. These include promoting water efficient landscaping. In summary, the EMWD has the ability to serve the proposed project under existing conditions. Future water supplies and water storage projects are under consideration by the EMWD to meet the future water needs of the City of San Jacinto. Therefore, the proposed project would have a less than significant impact on groundwater and water supply. 8h. The proposed residential project would disturb approximately 5.01 acres by grading and excavation, and placing homes, walls, and other hardscape structures resulting in changes to the existing drainage pattern of the site, and would create a storm water runoff situation greater than any that may currently exist. With the development of the residential tract, an increase in impervious surfaces including roads, driveways, sidewalks, and rooftops will result in the generation of increased runoff. The increase in surface runoff will require the development of a storm drain system in accordance with Riverside County Flood Control and Water Conservation District. The project is proposing to direct all surface runoff into a storm drain system and detention basin would mitigate excess runoff from the project. 8i. Erosion represents a hazard in the northern portion of the City where the valley floor intersects with the San Jacinto Mountains during periods of heavy rain. However, due to the lack of existing and proposed slope on the site, heavy rains are not anticipated to create a significant impact to erosion. 8j. As a result of increased impervious surface created by this project, the flow rate or the amount of surface runoff may increase substantially. Connection to a storm drainage will reduce the impact to less than significant. The applicant is proposing to direct all drainage through an onsite storm drain system then into a landscaped detention basin. A Water Quality Management Plan (WQMP) that will identify how urban pollutants will be handled must also be developed for the proposed project. Therefore, this impact would be less than significant with mitigation. 8k. The project will result in new surface runoff from the project site. The project would also contribute urban pollutants both during construction and after the subdivision is completed in the form of gas, oil, pesticides, etc. that currently do not occur. The increase in future surface runoff will require modifications to the drainage system so that the system would be adequate to handle any additional flows that are generated as a consequence of the increase in impervious surface area. Implementation of the mitigation measures found below would ensure that stormwater flows can be controlled and that sediment, siltation, and urban pollutants can be controlled and minimized. With the implementation of the mitigation measures, surface runoff impacts would be less than significant. 81. Given the size of the project and lots proposed, storm flows as a result of development of the site are not anticipated to increase the flow velocity of stormwater runoff. 8m. No other impacts to water quality are expected as part of this development. 8n/o The project site is located in an area designated as Zone "X" on FEMA's Flood Map, Community Panel Number 06065C1488G dated August 28, 2008. This Zone is defined as "Areas outside the 100-year flood plain." A standard condition of approval of all tentative tract maps within the City of San Jacinto requires the developer to design a local drainage system to direct drainage to the city's Regional Flood Control Channels Therefore, this impact would be less than significant. 8p. The project site is not adjacent or down -stream from any existing levees or dams. Therefore, there would be no impact. 8q. The project site is not adjacent or down -stream from any existing water bodies. Therefore, there would be no impact. MITIGATION: The City of San Jacinto will require the developer to prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City for coverage under the National Pollutant Discharge Elimination System General Construction Permit. Prior to issuance of grading permits, the applicant shall submit to the City Engineer for approval, a final Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on -site to reduce pollutants into the storm drain system to the maximum extent practicable. The final Water Quality Management Plan shall identify the structural and non-structural measures consistent with the City's adopted requirements. IX . Land Use and Planning 9a/c. The adoption of the General Plan in 2006 continued the intent of Low Density Residential housing on the site. Surrounding subdivisions (TR32499 and TR34212) continued the trend toward R-1 housing types. This project along with the project proposed to the north proposes densities in excess of that allowed under the current General Plan. Both projects are proposing smaller lots than those permitted within the R-1 zoning district. The applicant for this project has applied for a General Plan Amendment and a Planned Unit Development that would permit densities higher than those allowed under the current General Plan and lot sizes consistent with a PUD subdivision. These are land use designation and zoning changes, which are policy issues, and which do not have a potential environmental impact. MITIGATION: None X. Mineral Resources 10a/b. There is no active mining or material reclamation operation in the city. MITIGATION: None XI Noise 11a/d The proposal will result in a cumulative increase in the ambient noise level caused by an increased number of vehicle trips. The new ambient noise level will not increase to a level considered significant per the San Jacinto General Plan. Temporary noise impacts will be felt on neighboring properties during project construction, but will be limited to the hours between 7AM and 7PM, Monday through Saturday. 11e/f The project is not located within the flight pattern of any existing airports or airstrips. Therefore no impacts are anticipated. Mitigation: Construction and grading activities shall be limited to the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday. All construction equipment shall be mufflered and/or surrounded by noise attenuating barriers. XII. POPULATION AND HOUSING 12a/c This project will include 37 residential dwelling units and will require extension of utilities, sewer and water services, which will be constructed by the developer. Payment of Capital Facilities fees will mitigate the cumulative impacts to roads and infrastructure. No significant impacts are anticipated. Mitigation: None XIII. Public Services 13a. The project will result in an incremental increase in demand for fire services. The City has adopted Fire Station mitigation fees; however, these fees are insufficient to cover the costs of additional facilities, equipment and service personnel. To compensate for this shortfall, a district to fund essential fire services has been formed. It is anticipated that any significant negative impacts due to fire services would be mitigated to a level of insignificance The project site is within the jurisdiction of the San Jacinto Police Department. A ratio of one police officer per 1,000 residents is desirable in the City. The proposed 37 dwellings will result in approximately 109 residents, and approximately 0.10 additional police officers to maintain the desired ratio. The City has adopted public Safety mitigation fees; however, these fees are insufficient to cover the cost of providing additional facilities, equipment and service personnel. To compensate for this shortfall, a Mello -Roos district to fund essential public safety services has been adopted. It is anticipated that any significant negative impacts due to public safety services would be mitigated to a level of insignificance. Schools in the area have exceeded their capacity; re -locatable classrooms have been installed to provide classrooms for overflow students. Therefore the proposed residential development will result in a significant impact on schools within the School District. To mitigate this impact to a non -significant level, payment of school fees will be collected as required by state law. Mitigation: The applicant or successor in interest shall join the community services district to provide essential fire services, police and pavement management services. The developer shall also pay school fees in accordance with state law. XIV. Recreation 14a/b Approval of the Tentative Tract Map will result in an increased demand for recreational facilities. The project does include private park facilities and private open space. Per the Municipal Code, a subdivision of less than 50 lots has the option to pay fees or dedicate park land. The payment of required park fees to acquire and develop the recommended parks will mitigate any impact to a non -significant level. Mitigation: The developer is required to pay park fees in accordance with the San Jacinto Municipal Code. XV. Transportation/Traffic 15 The project is providing required street improvements and access to Kirby Street. Appropriate traffic controls shall be installed as approved by the City Engineer. The project will result in additional trips on the City transportation grid within the carrying capacity of the improved nearby streets. The project is also required to pay traffic signal mitigation fees and TUMF fees, which should serve to mitigate potential impacts. Therefore, impacts to transportation and traffic will be mitigated to a less than significant level. Mitigation: Traffic Signal Mitigation fees and TUMF fees shall be paid in accordance with established City policy. All street improvements shall be provided as required by the City Engineer. XVI. UTILITIES AND SERVICE SYSTEMS. 16a/b/e. The project is located in the Eastern Municipal Water District service area. There are no unusual sanitary sewer demand features proposed as part of the project. Sanitary sewer service will be available to lots within the subdivision after the appropriate plans have been approved and fees paid. Therefore, there are no anticipated significant impacts due to sanitary sewer service. 16c. The project will be required to participate in the construction of on site flood control facilities. 16d. The project is located in the Eastern Municipal Water District service area. There are no unusual water demand features proposed as part of the project. Water service will be available to lots within the subdivision after the appropriate plans have been approved and fees paid. Therefore, there are no anticipated significant impacts due to water service. 16f/g. The city provides solid waste disposal services on a contractual basis. There are no unusual waste disposal demand features proposed as part of the project. Waste disposal service will be available to lots within the subdivision. During construction, contractors may use multiple waste disposal sites located throughout Riverside County. Therefore, there are no anticipated significant impacts due to waste disposal. Mitigation: In accordance with State law, the project plans have been forwarded to the appropriate service providers. None of the service providers have indicated that they would not be able to provide service to the project with appropriate improvements. Any comments received from the utilities have been forwarded to the applicant. Therefore, there are no anticipated significant impacts to utilities. XVII. MANDATORY FINDINGS OF SIGNIFICANCE 17a No significant impacts on the environment, or habitat of fish or wildlife are anticipated. 17b No significant long or short-term environmental impacts are anticipated. 17c No significant cumulative impacts are anticipated. 17d No direct or indirect significant negative impacts are anticipated. B 0 40 80 SCALE: 1 "=40' (PE 25 5) � rY, g m2a sT. ,-1¢ 1 - I Y F.E.25.2 1- 1 NO. 32499 LEGEND 0 4165P. P.E. 25,0 TENTATIVE TRACT NO. 34664 160 IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TENTATIVE TRACT NO. 34586 (PE 25.4) (PE 25.6) (PE 25.9) (PE 2C.2) N89'54'48"E 727.00' 3500 5F. PE 210 3536 S.F. P.E 250 + 26 PE 25.3 u! 3536 SF. P.E. 244 23 10 e536 €F. 25.3 S 3500 S.F. P.E. 257 3536 SF. t P.E. 25.9 22 11 3536 S.F. P.C. 25,6 9w 0B5 F. P.E. 26.0 3536 s.F 3 PE 26.3 21 12 3536 P.C. 26.0 35S WF. . P.E. 28 4 3536 €F 20 13 3536 5. PE 26. (PE 26 0) 30 _ P.E. 26 7 (PE 26 6) P. (PE 26,8) (PE 270) 02 32 3503 S.F. P.E. 2]4 atm 33 9 P.E 22.8 LOT'C' (PRIVATE STREET) -131 3339 5F . PE 270 19 14 3536 SF. ,4044, Sr 3536 5 F. 3536 5F. P.E. 27.4 5 P E 22.7 18 15 3536 S.F. 5 17 3536 PE 2 LOT (PRIVATE STREET CO PC.. €0 E 260 7 604 5 F. E 25.a 6 3624 5F. P.E 25.3 5 360 €F PE 25.6 5 6P 4 3604 SE 3 3604 5f 3604 Sf. P.E. 25..2 . PE 205 3604 SF. ‘44-NEW CATCH 0055 MST. 3 OW 6M2A5E5 (P E. 25.3) INDICATES PROP. CORNER AND BOUNDARY PROPOSED CONCRETE WALK/CONCRETE ORIVE INDICATES STREET CENTER LINE PROPOSED 6' HIGH CONCRETE BLOCK WALL PROPOSED LANDSCAPE S.0...._........._..... STORM DRAIN P.P. POWER POLE F.L FLOW LINE F.S FINISHED SURFACE T.G TOP OF GRATE T.0 TOP OF CURB F.F FIN15HE0 FLOOR W.M WATER METER F.G FINISHED GRADE P.E PAO ELEVATION 5.0 STORM GRAIN AY (P.E. 23.2) N8954'48"E 727.00' (P.E. 26.2) (P.E 26.3) (P,E 268) (PC 292) TENTATIVE TRACT NO. 34212 UTILITY SERVICES SEWER: EASTERN MUNICIPAL WATER DISTRICT TEL 951-928-3777 WATER: EASTERN MUNICIPAL WATER DISTRICT TEL 951-928-3777 ELECTRICITY: SOUTHERN CALIFORNIA EDISON CO. TEL 951-928-8290 GAS: SOUTHERN CALIFORNIA GAS COMPANY TEL 1-800-427-2200 TELEPHONE: VERIZON TEL 1-800-483-4000 CABLE TV: TIME WARNER TEL 1-888-892-2253 SOLID WASTE. CR & R TEL 1-800-755-8112 E0152. GUEST HOUSE LAND USES DETAIL TOTAL PARCEL AREA REMAINDER PARCEL LANDSCAPE SETBACK (14 FT.) NET PARCEL AREA 1500 5F. PE. 219. 2e.+vu4, P ARK PE=1527.7 35 42 3500 s.r. PE 29._ .t0 F.5 C GF. - � - LOT 'EY; - _ 'OPEN. SPACE) .16,57444 S.F.. - • PADA,1597.5. REMAINDER PARCEL' - 22,566.31 SE w 0.83 ACRES PA3.(1.526) 5.60 ACRES 0.63 ACRES 0.11 ACRES 4.86 ACRES NUMBER OF LOTS 36 LOTS 1 TO 36 AREA 2.92 ACRES LOT 'A' AREA(1/2 BASKETBALL) 0.16 ACRES LOT 'B' AREA (OPEN SPACE) 0.39 ACRES LOT 'C' (STREET&PARKING) 1,21 ACRES DETENTION 8A51N 0.18 ACRES MINIMUM LOT SIZE= 3,500 S.F. AVERAGE LOTS= 3,546 S.F. r- L REVISIONS NO. DATE OWNER/ DEVELOPER JOE ALEX ZAMORANO 3590 5. DARTMOUTH LANE ROWLAND HEIGHTS, CA 91748 TEL 562-266-3024 Al52.. HW EMSi CHURCH PAPNWG LOT CHURCH 2..46 ' C n 98 Ft._ FLOOD HAZARDS NOTE THIS PROJECT 15 NOT IN THE FLOOD ZONE (PER FEMA MAP) ARCHITECT 9FNCH MARK: COERCE BEHNAM 3" ALUM. DISK IN CONCRETE CYUNDER, FLUSH, AT THE SE 1150E. ORANCETHOPE #109 CORNER MENLO ANVENUE AND SANDERSON AV`GNUE(RIV. CO. PLACENTIA, CA 92807 H-10-2) TEL (714) 572 - 2384 ELEVATION= 1522.796 PREPARED B10 LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPOERTY SITUATED W THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 2 OF PARCEL MAP 7868, IN THE CITY OF 28, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A5 PER MAP RECORDED IN BOOK 28, PACES) 100, OF MAPS. IN THE OFFICE OF TI-E COUNTY RECORDER OF RIVERSIDE COUNTY. MTV N0. 431 190-03S TYPICAL KIRBY STREET SECTION N.T.S. PROPOSED STREET SECTION PRIVATE STREET VICINITY MAP N.T.C. N.T.S. E 1.1.117 HORS, WILLIAM&ASSOCIATES INC. PLANNERS. CONSULTING ENGINEFRS. SURVEYORS 100 SOUTH ANAHEIM BLVD. 8 36a ANAHEIM, CA 9280S TEL (714) 991- 4411 FAX (714) 991- 4491 CITY OF SAN JACINTO TENTATIVE TRACT NO. 34664 PLANNED UNIT DEVELOPMENT 1340 S. KIRBY STREET, SAN JACINTO d J-14-OXVS-SAN JAC.I REVISIONS DATE :09 AM, Adaha PDF E) 6' HIGH BLK WAL 1Y 5' NTIO BASIN 5161 5F P.E 252' MODEL 4-A 25347�s'oS.P. n MODEL4-Cj, 5672 5.F. 5612 5.F. PE. 255' ODEL 3-C \PP 24.9 MODEL 1-AR 5604 5. (PE 25.4) 5475 S.F. MODEL 2-A 4rOxIlE 25 MODE L1 5604 S.F. NEW 36 HOMES 1340 KIRBY,SAN JACINTO,CA 92582 A.P.N. 431-190-035 TENTATIVE TRACT NO. 34664 .0050.00 a2 so 5415 5 SAMT PINISH PE 250 MOE EL 4-A I 1 11' 1 ry1 TdNTATIVE !TRACT 0.34586 1 1 1 1 6' H I p H ELK ' W A L L F EIN G E P E R T I T- M 5 3 5 316- (PE 26.2) (PE 26.4) (P5 26 6) (PE 26.6) (PE 210) I 50.00' I 50.00' re 50.00' I 50.00' I 50.00' I PERTY L NE 1300' i 1 1 1 1 - 50.0' r5475 SP. 4c' P.E. 252 $MODEL 2-B 3536 SF. 52 A 3536 5.F. 40' 5' PE. 242 MODEL 4.0 PE. 255 ODEL 2-C 291, 5556 5.F. 5556 S.F. PP 25.3 ODEL 1-B 35445 SP 51.0' 30 5o.0 1 50.0''v 5475 5.F, u (75 P2E. 61_G MODEL 4 STAMPED CONCRETE. (TIT.) `PE. 2529.8\♦ ODEL 1 3596 S.P. PROPERTY LINE 113.00' 6'H 16H ELK WALL FENC. TENTATIVE TRACT NO. 34212 SITE PLAN I"= 30'_On LOT'C' IVATE 5556 5P. PE, 262, ODEL 1-C el A 32 S0.O' 50.0 34 • 50.0' 5415 5.F. 9475 S.F� 3415 S.F 40' STREET P.E. 26.6 ODEL 1--0 ODEL -B PE. 26.6 MODEL 2-B fC3-C ^. EL 3- 3612 y,F, EXIST. 3 SAQ GARAGES 34' PE. 27 OD -B P3. 27 0 MODEL 4-C EXIST, GUEST HOUSE TYPE -A BLOCK WALL TYPE-5 BLOCK WALL 0 15' 30' 60' SCALE: I" = 30'-0" PARK 521,1 .o' 35 p 5475soS.P, L04L. PA0 W/ 10 XI6' ey' '54403 STnIK (OPEN LAWN SPACE) 15,435.5 S.F. PAD=1527,1 -' 6 REMAINDER PARCEL 25.520 5.F.= OSP ACRES PA0:(1,5256) EXIST HOSE T—i 241' EXIST. CHURCH PARKING LOT CHURCH 6200 5.F. TOT LOT ,DWIN ! iM STAMPED CONCRETE. MP) W W SITE DEVELOPER: ENSENADA ENTERPRISE PROJECT NO: 040504 CAD DWG FILE: DRAWN BY. M,M. CHECKED BY: 6 0 DRAWING SCALE: 03-02-09 SHEET TITLE: SITE PLAN SHEET SP 1 of 15 VICINITY MAP REVISIONS 8'S 6'1/ m s s 1 vV 'I/ I - 2 500 _54/5 5F. ODEL 4-C-"n MODEL 3-B 3710 75. 1 ! 111 15 G'y5'L 2 1-4/-4 11-1A G/�-1PY'G"f' 1E Fp c1-I I O - TH-J - L 51Ja O "38'd' S415 5F. 6 5324.E ODEL 2-A -SALT FINSX 10 3640 5.'-. 3 3710 5F. NEW 37 HOMES 1340 KI RBY, SAN JAC I N TO, CA 92582 APN NO,431-190-035 6' PROF R-Y L!NE 7 5 co) 50,0' 5415 5F. 40' 29. G F. 5 L K WAL L hn,NTG�'JN'rx 30 V 5475 5 " P1:. 26.1° MODEL 4-4 3.5.4 y 34.15 5,F MODEL ti' 26 LOT CI it' VA NI f9 II'I'1--�,. 3640 5 F. 5640 5 F. 364G 5 5, 3b40 5 F. 52' 5211 L 12 13 5640 S.F. 3040 3 - 1 N 3540 S P. 3640 5.F. 3 I 2T T' 3710 5F UI ;)1 OSLO D3T05F) N PIS - --- 5 PROFER-Y LINE 7''5 GC H SR ELK WALL FENGE -- TENTATIVE TRACT NO.34212 SITE PLAN SC -0 TrP MODEL 3-D 31I0 SE. 5 ,�i L e L-9OST 4 UGh-IrMOS 2- ram--L.J i-4E -D; G1I-8'vlTaiP' rAk NiTHLJS y, 54'155F o MODEL 1B E 2-15'v�• STREET) 3540 5 E : 3b40 5=. ODEL 3-A 250 (EXIST. 9 CAR 1 GARPCES 15G .•L iON=T- ' P'' L5-' nE-10-TP5 LnW 45R01•UN n?oU6rH,T- T0L- R76+-1i (D(") 34'5 5.4 PLANTING NOTES' L 1.- DENOTES LAWN AREA 50 X50' 3A _L HALELF 004GOJRT [LOT 'A' L 626) 5. REMAINDER PARCEL 25 E-'C S' - C 50 A0235 FAG. '1,525 6) EXIST. 2. ALL SHRUB PLANTER AREAS SHALL RE PLANTED WITH GROUND COVER: GAZANIA TRAILING YELLOW' FROM FLATS Q 12" O.C. OR FRAGARIA CHILOENSIS FROM FLATS (512'OC 3. ALL SHRUB PLANTER AREAS SHALL RECEIVE A 2' THICK LAYER OF W000 MULCH. 4. REAR YARD LANDSCAPING 9Y PRIVATE HOMEWONER S. SYMBOL 0 0 SHRUBS SYMBOL gY�wN�� (tYr) K T2r-FH 1 11P L. EIT1 r-N Y y44LL rI rF0(45T" I' P. 7 ' LLaJ 4 I= P•/'T ON -SITE PRELIMINARY PLANT LEGEND DESCRIPTION KOELRUETERIA BIPINNATA (CHINESE FLAME TREE) 24' BOX MAGNOLIA GRANDIFLORA 'SAMUEL SOMMER', 15 GAL GLEOITSIA TRICANTHUS 'SHADEMASTER' (HONEY LOCUST I; 15 GAL LAGERESTROEM)A INDICA 'WATERMELON RED' - TREE STD. (CRAPE MYRTLE), 15 GAL CHIONMITHUS RETUSUS (CHINESE FRINGE TREE); 15 GAL PRUNUS CERASIFERA THUNDERCLOUD (PURPLE -LEAP PLUM), 15 GAL 5 GAL: LEUCOPHYLLUM'COMPACTA (TEXAS RANGER); EUONYMOS 'AURFO-MARGINATA (GOLDEN EUDNYMOS); PITTPOSPORUM VARIEGATA; PITTOSPOR UM 'CREME GE MINT; LIGUSTRUM TEXANUM (TEXAS PRIVET); RHAPHIOLER.S 'CLASA; ABELIA G. 'EDWARD GOUCNER, NANDINA'GULF STREAM'. ESCALLONIA FRAOE511'. GREVILLEA 'NOELLII'; WESTRINGIA FRUTICOSA ("•OAST ROSEMARY); XYLOSMA CONGESTUM'COMPACTA 1 GAL HEMEROCALLIS SPECIES (SAYLILYI; LIROPE MUSCARI, SALVIA GREGGII (AUTUMN SAGE(.' SALVIA LUECANTHA (MEXICAN SAGE)- DI ETES BICOLOR ; AGAPANTHUS QUEEN ANNE' AGAPANTHUS 'PETER PAN KIRBY STREET SETBACK PRELIMINARY PLANT LEGEND DESCRIPTION DATE a$zo--c.-- xWT ?', tdf-C' L'�.natP-39� 1.e1' 3bF FAt,/ pxr.R NEW 36 HOMES U a PROJECT NO: CAD DWG FILE CHECKED BY: DRAWING SCALE:1'I=3o lS-oa SHEET TITLE: 7REE5, SHRUBS 8 VINES'. PYRUS CALLERYANA REOSPIRE' (FLOWERING PEAR), 24" BO 5 GAL: BERBERIS THUNBERGII'ATROPURPUREA (RED -LEAF JAPANESE BARBERRY) 5 3 0.C., RAPHIOLEPIS'CLARA' (WHITE INDIAN HAWTHORN) ® 30' 0 0 2 GAL: ROSA'MEIDI LAND RED' (TRAILING MEIDILAND ROSE) 5 s.0 C - 1 GAL: M.YDPDRUM PARVIFOLIUM 5 3 C C; PARTIENCCOSSUS TRICUSPIDATA (BOSTON 1`JY) VINE ON WALLS a 25 D.C. CONCEPTUAL LANDSCAPE SHEET L-I oF1 MODEL (3) FRONT ELEVATION TYPE -5 MODEL (2) FRONT ELEVATION TYPE - C MODEL (4) FRONT ELEVATION TYPE - A MODEL (1) FRONT ELEVATION TYPE - MODEL @) FRONT LOT # 13 FRONT ELEVATION 'TYPE - C LOT # 9 MODEL (1) FRON f ELEVATION "TYPE -C LOT # 14 FRONT ELE'JATIC/N TYPE - A le a LOT # 10 LOT # 11 .MODEL (2) FRONT ELEVATION TYPE - B MODEL CO FRONT EI EVATION TYPE - A LOT # 15 LOT # 16 TYPE - A MODEL (3) FRON LOT # 12 LOT # 13 572 E7r '" SET 2 MODEL 14) FRONT ELEVAII LOT # 25 LOT # 9 LOT # 26 _ MODEL- 0) FRONT TON YaF LOT # 10 MODEL(1(7 RONTELEVA IQN TYCE-A MaoELj3L30NT ELEVATION TVO W'.rT LOT # 27 - LOT # 28 - L I31 EMONT ELEVA1 LOT # 29 NORTH_ ELEVATION / PRIVATE STREET NORTH LOT # 11 _ LOT # 30 MODEL 131 FRONT ELEVATION TYPE Mp0EL(41 FRONT ELEVAA1110N iVPE-E MOC EL(1) FRONT ELEVATµ TYVE-O LOT # 12 LOT # 13 LOT # 14 - NORTH ELEVATION / PRIVATE STREET SOUTH 410DG1.111 WON( VA( LOT # 31 • MODEL-c?TFRoNTDN. TwE-R OOEL (11 FRAN- MODEL 131 FR0NT ELEVATON tt LOT # 32 W w MOe(L1,1 Ea0NTELFVAnON TV8E.A LOT # 15 _ LOT # 16 w In LIDOFL (-3) REA2 ELEVATION TYPE A LOT # 6 - LOT # 7 MODEL MPEA-RELEVATIpN ! -e IAOD6141 REA0. ELEVATON TYPE-(7 LOT # 6 LOT # 5 MOOELI1AEAa ELE3Tnnp8 TVPE.C... 800E1 (1) AFAR ELEVATION TVYPEE . C LOT # 4 _ LOT # 3 SOUTH SIDE PROPER TY REAR ELEVATION LOT # 2 LOT # 1 OGeorgeiiilF\My Documents VISIONS DA DEVELOPER: ENSENADA ENTERPRISE 3590 S. DARTM OUT, LN. ROWLAND HEIGHTS. CA 9174E RO)ECT NEW 36 HOMES 1340 KIRDY, SAN JACINTO.CA 92502 APN NO, 431-190.035 GEORGEBEHNAM ARCHITECT 1,59 EOr4ANGETRD8PE/109 PLACENTIA CA 97970 PA%(714}572-1335 1714472..9354 55T NO'.040804 CNEC SY DRAWING BAIR GO-22O-0K TELE STREET & REAR ELEVATIONS SCENE A-0.1 2 OF 15 REVISIONS DATE 7 HOMESLSITE PLAN 3BHOMES 03-04-09 d Doamenls129041040894-Mad LOT # PLAN MODEL-ELEV.TYPE FIRST FLOOR LIV. SPACE SECOND FLOOR LIV. SPACE 751 57 GARAGE TOTAL LIVING 1,404 SF FOOT PRINT 1,120 SF LOT SIZE 3,604 SF LOT COVRG # B.RM PARKING I 3-0 647 SF 413 57 31 % 3 2 CAR GARAGE 2 3 2-A 1-0 520 SF 580 SF 965 SF 1033 SF 480 SF 483 SF 1,485 SF 1,000 SF 3,604 SF 2/1 % 3 2 GAR GARAGE 1,613 SF 1,064 SF 5,604 SF 29.5 % 3 2 GAR GARAGE 4 2-0 520 SF 965 SF 480 SF 1,455 SF 1,000 SF 3,604 57 21.1 % 3 2 GAR GARAGE 5 4-5 1215 SF --- 432 SF 1275 SF 1105 SF 5,604 47.3 % 5 2 RA GARAGG E 6 2-5 520 SF 965 SF 480 SF 1,485 SF 1,000 SF gg 3,604 57 21.1 % 3 2 GAR GARAGE 1 I -A 580 SF 1055 SF 483 SF 1,613 SF 1,064 SF 3,604 SF 29.5 % 3 2 GAR GARAGE 8 4-A 1213 SF --- 432 SF 1273 SF 1705 SF 5,623 SF 30.3 % 3 2 GAR GARAGE 9 3-0 641 SF 751 SF 413 SF 1,404 SF 1,120 SF 3,612 SF 30.5 % 3 2 GAR GARAGE 10 1-A 550 SF 520 SF 1033 SF 965 SF 483 SF 480 SF 1,613 SF 1,485 SF 1,064 SF 1,000 SF 3,536 SF 30.1 % 3 2 GAR GARAGE 11 2-A 3,556 SF 28.2 96 3 2 GAR GARAGE 12 1-5 550 SF 1033 SF 483 SF 1,613 SF 1,064 SF 3,536 SF 30.1 96 5 2 GAR GARAGE 13 4-5 520 SF 965 SF 480 SF 1,485 SF 1,000 SF 3,556 SF 28.2 % 5 2 GAR E.ARAAE 14 I-0 580 SF 1033 SF 483 SF 1,613 SF 1,064 SF 3,536 SF 50.196 5 2 GAR GARAGE 15 2-5 520 SF 965 SF 480 SF 1,485 SF 1,000 SF 3,556 SF 28.2 % 3 2 GAR GARAGE 2 GAR GARAGE 16 3-A 641 SF 751 SF 413 SF 1,404 SF 1,120 SF 3,672 SF 46,4 % 3 Il o `C 1213 SF --- 432 SF 1273 SF 1105 SF 3,612 SF 32,3 96 3 2 GAR GARAGE 18 I-5 580 5F 1033 SF 483 SF 1,613 SF 1,064 SF 3,536 SF 30.1 96 3 2 OAR GARAGE ',.RI 2-A 520 SF 965 SF 450 SF 1,485 SF 1,000 SF 3,536 SF 28.2 % 3 2 GAR GARAGE 20 I -A 580 SF 1033 SF 483 SF 1,613 SF 1,064 SF 3,536 SF 50.1 96 3 2 GAR GARAGE 21 2-0 520 SF 965 SF 480 SF 1,485 SF 1,000 SF 3,536 SF 28.2 96 5 2 GAR GARAGE 22 4-A 1213 SF --- 432 SF 1213 SF 1105 SF 3,536 SF 48.2 % 5 2 GAR GARAGE 23 2-5 520 SF 965 SF 480 SF 1,485 SF 1,000 SF 3,556 SF 28.2 96 5 2 GAR GARAGE 24 3-5 647 SF 151 SF 413 SF 1,404 SF 1,120 SF 3,612 SF 50.5 96 3 2 GAR GARAGE 25 4-0 1213 SF --- 432 SF 1273 SF 1105 SF 3,415 SF 49 % 3 2 OAR GARAGE 26 2-A 520 SF 965 SF 480 SF 1,485 SF 1,000 SF 3,415 SF 28.5% 3 2 GAR GARAGE 21 I -A 550 SF 1033 SF 483 SF 1,613 SF 1,064 SF 3,415 SF 23.6 96 3 GAR GARAGE- 2 GARAGE 28 2-5 520 SF 965 SF 450 SF 1,485 SF 1,000 SF 3,415 SF 28.1% 3 29 3-A 641 SF 751 SF 413 SF 1,404 5F 1,120 SF 3,544.5 SF 31.6% 3 2 GAR GARAGE 30 4-0 1213 SF --- 432 SF 1273 SF 1105 SF 3,415 SF 49 96 5 2 GAR GARAGE 31 I-0 580 SF 1033 SF 483 SF 1,613 SF 1,064 SF 3,475 SF 30.6 96 3 2 GAR GARAGE 32 2-A 520 SF 965 SF 480 SF 1,485 SF 1,000 SF 3,415 SF 28.15t6 3 2 GAR GARAGE 33 1-5 580 SF 1033 SF 483 SF 1,613 SF 1,064 SF 3,415 SF 30.6 % 3 2 GAR GARAGE 34 2-5 520 SF 965 SF 480 SF 1,485 SF 1,000 SF 3,415 SF 28.7% 3 2 GAR GARAGE 35 1-G 580 SF 1033 SF 483 SF 1,613 SF 1,064 SF 3,415 SF 30.6 % 5 2 GAR GARAGE 36 4-0 1213 5F --- 432 SF 1213 SF 1105 SF 3,410 57 49.1 % 3 2 GAR GARAGE 3' W.I. GATE W.I.FENGE SCREEN MESH W.I.FENGE SCREEN MESH 6' THICK. TAN COLOR m SPLIT FACE BLK WALL PLAN LARGE L 3 1° CQKREI£ C`P MONUMENT SIGN ELEVATION 1 6" THICK. TAN COLOR BLK HALL FENCE ELEV. AT SOUTH OF THE PROPERTY (TYPE-B) SCALE 1/4" - ILO" TAN COLOR SOLIT FAG r 3' CONCRETE GM 1 SEC. A A FENCE ELEV. BETWEEN LOT- A ( LOTS 16, 7) SCALE 1/4^ 3 1'-0AND WEST FENCE OF LOTS 9 & 24 (TYPE -A) 5'-0' I-- SCALE I/4' 3 1-O" 13%16 PILASTER • 13' O.C. (TYP) mo b' TIIGK.ITAN COLOR ELK WALL NORTH, EAST, WEST & SOUTH FENCE PLAN (TYP.) SCALE I/4' 3 N-GLARE VANDAL RESISTANT HI INTENSITY CHARGE PXNRE BY " HAM'-IERHEAD LIGHTING SEPARATE PERMIT 0 n REWIRED 6' THICK. TAN COLOR ELK WALL a ENSENADA ENTERPRISE tD 00 NEW 36 HOMES CAD DWG PILE' DRAWN BY: CHECKED BY: 6 B DRAWING SCALE 03-02-09 SHEET TITLE: SITE STATISTICS AND TYPICAL DETAILS SHEET A - 0.2 3 DF 15 9 GATE ELEV. BETWEEN HOUSE AND SIDE YARD WALL RE1RN BET. HOUSE 6 SIDE YARD FENCE 31taM,ailbax662 MAIL BOXES ELEVATION WA0t4Aa EAD-: LI6M:N6 LIGHT FIXTURE DETAIL I/4"xl'-0" REVISIONS 16-'0' tL_'L _L LLL_ BA BEDROOM* 2 LOFT [LI 10'-6 BEDROOM # 1 20. -33 BEDROOMp9 0 m 11 I9 -4 BIILLTN6 L''E:IBELOW 401_0' MODEL (1) SECOND FLOOR PLAN TYPE -A 1064 SQUARE FT. 3/16'1 = I'-0' plz mg • ♦ p n ♦ ♦ : 51 n ♦ ♦ . L'. —lo=see ❑ WM ..i L 9 II LL L L �y�-- FAMILY - . O%L! L. l.LL_ LLL_LLI rn I O I 2GARAGE LLL_1 LL_L__' L_LLL 1 �\ /� / \ /� __1 I PANTRY- ®. - __- __ { DINING } i- i6 _ m / N. / 11,-0m ♦ ;PWO _i V L_ 1\ `_-. BALD NO LINE ABOVE - NTR LIVING 10i'-0" IOt T_O• 12•_4': CONGRE-E ROOF TILL MODEL (1) FRONT ELEVATION TYPE - A 3/16" = 1'-0" CONCRETE ROOF T'. LE MODEL (1) REAR ELEVAT ON TYPE - A GONGRETE ROOF TILE MODEL (1) LEFT ELEVATION TYPE - A 3/16" = I"-0' ALL SECOND FLOOR WINDOW SIDE ELEVATIONS MUST BE FIXED OBSCURE GLASS CONCRETE ROOF TI MODEL (1) RIGHT ELEVATION TYPE - A 1 DATE DEVELOPER: ENSENADA ENTERPRISE Z a PROJECT NO: 040,304 CAD DWG FILE: DRAWN BY: G.E. CHECKED BY: G DRAWING SCALE: 02-20-0,1 SHEET TITLE: MODEL-1 TYPE -A SHEET A1.1 MODEL (1) FIRST FLOOR PLAN TYPE -A 600 S0UARE FT.+ 416 GARAGE 3/16" = I'-0" 4 OF 15 REVISIONS DATE 3/17/2009120:37 PM, Ado0e POF 7 HOME51PLAN-1. ROOF PLAN TYPE-B 3/',8' I'-0• 6UILOIN& L'NE BELOW MODEL (1) SECOND FLOOR PLAN TYPE - B 1064 SQUARE MODEL (1) FIRST FLOOR PLAN TYPE - B 600 SQUARE FT.+ 478 GARAGE 3/16" = I'_0" CONCRETE ROOF TILE y.iii4ii�ii'�'+�M.i4'F'w�ili iii4.o•�w MODEL (1) FRONT ELEVATION TYPE - B 3/16" 1' O" r—GONGRETE ROOF TILE MODEL (1) REAR ELEVAT ON TYPE -B MODEL (1) LEFT ELEVATION TYPE - B 5/16" = I-0" ALL SECOND FLOOR WINDOW SIDE ELEVATIONS MUST BE FIXED OBSCURE GLASS GONGRETE ROOF TILE MODEL (1) RIGHT ELEVATION TYPE - B W a. O w W ENSENADA ENTERPRISE PROJECT NO: 040804 CAD DWG FILE'. DRAWN BY: G.E. CHECKED BY: G 0 DRAWING SCALE: 02-20-09 SHEET TITLE: MODEL - 1 TYPE - B SHEET A 1.2 5 OF 15 REVISIONS 1L111 U - LLIIL, 111111i LILit_ 111Lui LI L� C �5� �, L I u. ""i ROOF PLAN TYPE-C 5/16" = I'-0 311'.'_DINS LINE EELOW MODEL (1) SECOND FLOOR PLAN TYPE - C Ip35 SQUARE FT. 5/16" = 1'-0` m.�.0 � � mn �e IId TIIlNu,- I lnnn Innn[_ In MODEL (1) FRONT ELEVATION TYPE - C CONCRETE ROOF TI_E MODEL (1) REAR ELEVAT ON TYPE - C 3/16' = 1-0" CONCRETE ROOF TILE MODEL (1) LEFT ELEVATION TYPE - C 3/16„ = 1'-0'.. ALL SECOND FLOOR WINDOW SIDE ELEVATIONS MUST BE FIXED OBSCURE GLASS J CONCRETE ROOF TILE MODEL (1) RIGHT ELEVATION TYPE - C 3/16' = 1-0' DATE DEVELOPER: ENSENADA ENTERPRISE W 0 CC PROJECT NO:040804 CAD DWG FILE CHECKED BY: G 13 DRAWING SCALE: 02-20-09 SHEET TITLE: MODEL - 1 TYPE - C SHEET A 1.3 6 OF 15 MODEL (1) FIRST FLOOR PLAN TYPE - C 3E2 SQUARE F-a 462 GARAGE 3/16' = i-O' REVISIONS A ff A 41' ' - 0 0 01.4 "Th if LI. 'FfiffLL'ILHEL',... h. LL" -REATH CC1 M.BEDROOM COMP. LOFT > 0:0 - - (.4 BATH: - "At BEDROOM #2 BEOROOM BE-1' n MODEL ( 2 ) SECOND FLOOR PLAN TYPE - A 1,06,4 SQUARE FT. 2 CAR GARAGE / 1 r / E6,rer Llte ABOVE 20 er EL EE i L • L_ L ' L KIT 'HENI *0 L—_— IL_LL LL L, 0 0 12 -E4 Ellictin MS kg/NAVilig MODEL (2) FRONT ELEVATION TYPE - A CONCRETE ROOF TILE 1 ALL SECOND FLOOR WINDOW SIDE ELEVATIONS MUST BE FIXED OBSCURE GLASS MODEL (2) REAR ELEVATION TYPE - A 1 CONCRETE ROOF TILE "E. STUCCO MODEL (2) LEFT ELEVATION TYPE - A CONCEREM ROOF TI_E 2 4 MODEL (2) RIGHT ELEVATION TYPE - A DATE uJ co uJ z LIJ 01 vi 9 53 5 Z Eu_ 0 o Lfj PROJECT NO:040804 CAD DWG FILE: EEE DRAWN BY: 0:10;i7 CHECKED BY: 0 B DRAWING SCALE: 02-20-09 SHEET TITLE: MODEL - 2 TYPE -A MODEL ( 2 ) FIRST FLOOR PLAN TYPE - A 6200 SQUARE FT.- 41S GARAGE SHEET A - 2 . 1 7 OF 15 REVISIONS DATE A ROOF PLAN TYPE - B 5/16" = I'-0" Y 0 N 9' COMP. LOFT .I.0 Dn LI LL. BATH BEDROOM #2 BEDROOM #1 7 H 5-I T MODEL ( 2) SECOND FLOOR PLAN TYPE - B 1,064 SQUARE F. 3/16" = I'-O" J 20• --1 2: 7,_4" 40' MODEL (2) FIRST FLOOR PLAN TYPE-B 600 SQUARE F'+ 4-18 GARAGE 3/I6" = I'-0" CONCRETE ROOF T:.£ 5 SHAFE ib�i4�i4iiyi�'y ittN11il irW44k�r4M.4�: MODEL (2) FRONT ELEVATION TYPE - B 3/I0" MODEL (2) REAR ELEVATION TYPE - B 6/10" = I'_o.. CONCRETE ROOF TILE MODEL (2) LEFT ELEVATION TYPE - B ALL SECOND FLOOR WINDOW SIDE ELEVATIONS MUST BE FIXED OBSCURE GLASS CONCRETE ROOF TILE MODEL (2) RIGHT ELEVATION TYPE - B PROJECT N0: 040804 CAD DWG FILE: DRAWN BY: M.M. CHECKED BY: G DRAWING SCALE: 02-20-09 SHEET TITLE: MODEL - 2 TYPE - B SHEET A - 2.2 8 OF 15 OOVORETE ROOF TILE REVISIONS GATE .44 PM, Adobe PDF ROOF PLAN TYPE - C 4'. MODEL ( 2) SECOND FLOOR PLAN TYPE - C 3/16" 1'-0" 965 SQUARE FT. LIVING [}INING 3 • ry 0 20' 3 MODEL (2) FIRST FLOOR PLAN TYPE - C 51E5 SQUARE F"'.+ 4HO GARAGE MODEL (2) FRONT ELEVATION TYPE - C I I In I 1 r .rp-Ti -! Hole lO �,PTN )}�I IIA 141II�`� nl�®ulnn ml� �y��t •.��1��n�n11ulm� m� ny1L y i� i nll I i '•A111�1 12 MODEL (2) REAR ELEVATION TYPE - C 1 ail nilil inetii.Iii n1n-unnn.�Wnnn '. 191II1111NI1nl ••Fmnlnn6nl .I nn. II i MODEL (2) LEFT ELEVATION TYPE - C ALL SECOND FLOOR WINDOW SIDE ELEVATIONS MUST BE FIXED OBSCURE GLASS CONCRETE ROOF TILE MODEL (2) RIGHT ELEVATION TYPE - C 3/16" I'-0" PROJECT N0: 040H04 CAD DWG FILE: DRAWN BY: M M. CHECKED BY: G ES DRAWING SCALE: 02-20-09 SHEET TITLE: MODEL - 2 TYPE - C SHEET A - 2.3 9 DE 15 G 4 ROOF PLAN TYPE- A 3/16' =Ib" '-4 • B r L BEDROOM-1 • '-r W.I.C. OATH BATH L BEDROOM - 2 W.I il-2" 0 b 1 f LL M BATH. rr u__u_ui W.I.C. rA-1- 0 e-� MASTER BEDROOM 12 -8° ✓ -1 ▪ L 0 10'-!O" 4 MODEL ( 3) SECOND FLOOR TYPE - A '190 SOUARE FEET 3/'b' = I'-0" » (3 / GONG. LANDING rPWDR NOOK h KIT �.._ " LAONDRY -LLIUI `4I,j m nC U U ICJ --I 2 CAR GARAGEVI 1 L_ ' = LIVINGI DINING i`• / I / 1 LINE OLDS / ABOVE N. _.___ .6 " 4t -0 0 0 MODEL (3) FRONT ELEVATION TYPE - A 3/16 = I'-O" CONCRETE ROOT TILE MODEL (3) REAR ELEVATION TYPE - A MODEL (3) RIGHT ELEVATION TYPE - A ALL SECOND FLOOR WINDOWS BY SIDE ELEVATIONS MUST BE FIXED OBSCURED GLASS ♦ MODEL (3) LEFT ELEVATION TYPE - A REVISIONS DATE w a D u w 0 ENSENADA ENTERPRISE 0 00 31 a PROJECT NO:040H04 CAD DWG FILE: DRAWN BY',...._ - H.H. CHECKED BY: G 0 DRAWING SCALE: 02-20-0B SHEET TITLE: FLOOR PLAN MODEL-3 ELEVATIONS TYPE A SHEET MODEL (3) FIRST FLOOR TYPE - A 600 S2.FT. - 444 SQ.FT. GARAGE 3/16" = A-3.1 10 or 15 REVISIONS DATE 0 4 49M 40B," MODEL ( 3 ) SECOND FLOOR TYPE-B 790 SQUARE FEET LIVING / DINING r2 -,--1.--artig PPRII •••••-ir;it `1" wows MODEL (3) FRONT ELEVATION TYPE - B MODEL (3) REAR ELEVATION TYPE - B CONCRETE ROOF TILE MODEL (3) RIGHT ELEVATION TYPE - B MODEL ( 3 ) FIRST FLOOR PLAN TYPE-B .0C) SQ.FT. - 444 ERET. GARAGE ALL SECOND FLOOR WINDOWS BY SIDE ELEVATIONS MUST BE FIXED OBSCURED GLASS „tt,„:-:;4::: I IL iff/1-4E`,BIL:LLS:t:LL -17LiT L W1111 1.1 .TH1E111 STJGLO MODEL (3) LEFT ELEVATION TYPE - B ENSENADA ENTERPRISE = 0 r. 2 I- 0 E °I X Pi 0 8 1-0 0 cc a. I ov PROJECT NO: 0402,04 CAD DWG FILE: DRAWN BY CHECKED BY: 6 0 DRAWING SCALE: 02-20-09 SHEET TITLE FLOOR PLAN MODEL-3 ELEVATIONS TYPE B SHEET A-3.2 11 OF 15 9 REVISIONS DATE MODEL (3) ROOF PLAN TYPE-C 5 0" 10-10' 4'-8' 14-0' -Jr MODEL ( 3) SECOND FLOOR PLAN TYPE - C 140 SGVARE FEET 3/Ib" = P-O` LINO 51.23,5 ZA30VE 4 ,.0 MODEL (3) FIRST FLOOR PLAN TYPE - C 6OD SO FT.+444 SOFT. GARAGE T h 0 0 4 6 61' MODEL (3) FRONT ELEVATION TYPE - C MODEL (3) REAR ELEVATION TYPE - C 3/IS' = straw 5-1100.0 if 4 9 IJ 0 Ot JYE 9 c ALL SECOND FLOOR WINDOWS BY SIDE ELEVATIONS MUST BE FIXED OBSCURED GLASS sr./CGO I MODEL (3) RIGHT ELEVATION TYPE - C MODEL (3) LEFT ELEVATION TYPE - C 3/Ib' = i'-0 3/16' = P-0' DEVELOPER: ENSENADA ENTERPRISE PROJECT NO: 040804 CAD DWG FILE: DRAWN BY: CHECKED BY: G B DRAWING SCALE: 02-20-OR SHEET TITLE: FLOOR PLAN MODEL-3 ELEVATIONS TYPE C SHEET A-3.3 12 OF 15 REVISIONS ROOF PLAN BEDROOM41 0 R a' 4. 42' BEDROOM N2 b' 10 M. BEDROOM • • I 1 L LL I L.I_ l L KITCHEN �r_L L _ _..'_i._.L. LL I._.. l l PAN. FAMILY ROOM 9'-2 U � `O PORCH 0, 2 CAR GARAGE N / N / N / N / 10-10 42 MODEL (4) FLOOR PLAN TYPE - A ��itpa�rli111 il4il111I111\,�. RIL mark'I� III�II'�,Y�1I1i�B�il�l ipg ,fi ( I � I �l p��I/1 IR \111�YIIlllli'p(y1lry1 S II�2 ® /19 1I�}I1�ggry� 1�61•I�Ilf�l I E 1 IU El I N ti �141 1,1 y"immlY:iia�lim��ri ®iilil®Ilim T 12 ' M IIiliir:11i._ • }1lariftnv \IIIIIHIIIII lilt INIlpilllla aiIIIINiliieii u,hIuIniiiu.- /Ii Rl•11.4.14•RI•liini11144s :vmimh.l;Yo 1.,B,IN;I, hrninom h MODEL (4) FRONT ELEVATION TYPE - A MODEL (4) RIGHT ELEVATION TYPE - A I®I1111tlEg •n114aa1®I IIIin41•i• ni\niiill•Iilil fi111 1�1111.0•ill®1• n4 MODEL (4) REAR ELEVATION TYPE - A ALL SECOND FLOOR WINDOWS BY SIDE ELEVATIONS MUST BE FIXED OBSCURED GLASS MODEL (4) LEFT ELEVATION TYPE - A 9A6° = P4' DATE w 0 ENSENADA ENTERPRISE PROJECT NO: 040504 CAD DWG FILE: G III DRAWN BY M.M. CHECKED EY: G Ed DRAWING SCALE'. G2-24-09 SHEET TITLE: FLOOR PLAN MODEL-4 TYPE -A ELEVATIONS SHEET TOTAL LIVING SPACE AREA= 1273 SQ.ET. GARAGE= 400 SQ.TT. A-4.1 13 OF 15 REVISIONS DATE A 1. a MODEL (4) LEFT ELEVATION TYPE - B MODEL (4) FLOOR PLAN TYPE - B TOTAL LIVING SPACE AREA=1273 SOFT. =p6" = I•o' GARAGE- DO SQ FT. MODEL (4) FRONT ELEVATION TYPE - B MODEL (4) REAR ELEVATION TYPE - B ALL SECOND FLOOR WINDOWS BY SIDE ELEVATIONS MUST BE FIXED OBSCURED GLASS 12 5 12 ®TS MODEL (4) RIGHT ELEVATION TYPE - B ENSENADA ENTERPRISE PROJECT NO:040504 CAD DWG FILE: DRAWN BY: M.34, CHECKED BY: G EI DRAWING SCALE: 02-24-0F SHEET TITLE: FLOOR PLAN MODEL-4 TYPE-B ELEVATIONS SHEET A-4.2 14 OF 15 REVISIONS A 1gp���11'.11Hp�I�'II111tplH���I��IIg��I II V" "fin ln®11 I1,11.1 HH la- np�H uh.uI,ll 'J en l,..•I.n ummml IIIIInHH 1 BUY to nu, MODEL (4) FRONT ELEVATION TYPE - C MODEL (4) RIGHT ELEVATION TYPE - C 4 BEDROOM#1 0 INDRY !q OI-_ LENM II e L �L I LLL. L LK KITCHEN _k LLL LLrLL LIj LLI I 1 LL_L l BEDROOM H2 M. BEDROOM WIG M 2 CAR GARAGE MODEL (4) REAR ELEVATION TYPE - C PORCH MODEL (4) FLOOR PLAN TYPE - C TOTAL LIVING SPACE AREA 1273 SOFT GARAGE = 400 SQ.FT. ALL SECOND FLOOR WINDOWS BY SIDE ELEVATIONS MUST BE FIXED OBSCURED GLASS MODEL (4) LEFT ELEVATION TYPE - C DATE DEVELOPER: ENSENADA ENTERPRISE w 0 a a NEW 36 HOMES to 0 m m4 co -o z Q Z z z `rya PROJECT NO:O40504 CAD DWG FILE: G11 DRAWN BY: M.M. CHECKED BY: G B DRAWING SCALE: 02-20-04 SHEET TITLE: FLOOR PLAN MODEL-4 TYPE-C ELEVATIONS SHEET A-4.3 15 OF 15 Parcelassessorview_clip.shp " • City LimitsCitylimits.shp �/ Sj_centerline_clip_040208.shp Aerial Exhibit 41111111I+4.11Iy-11,, 111i1/1111111EVPLANADE AVI,1, 11f! If t 111111f � , k i Ff 11 111 I, I, 14, 11 Current Zoning e Parcelassessorview_clip.shp City LimitsCitylimits.shp Sj_centerline_clip_040208.shp Zoning A C-1 k3� i ` 2h C-2 C-M City Well D-C D-R EMWD Fire Station M-1 M-I-P Open Space Es Park min Park Hill EN R-1 R-1 15,000 R-1 20,000 R-1 PUD 1R-2 IR-2PUD R-3 R-P R-T RAAB Rancho San Jacin cam` S-D School SP 1-85 L- SP 1-91 ra, W-2 Cove SP Trails SP Esplanade SP ® R-3 PUD EvAl f lliif Yl If i f 111 F I t,l 441144i11111IiEsp I N General Plan ( Parcelassessorview clip.shp City LimitsCitylimits.shp Sj_centerline_clip_040208.shp Gpupdate.shp Estate Residential Rural Residential Low Density Residential Medium Density Residential lin Open Space Gateway Area no Public Institutional ni Park MI High Density Residential Community Commercial VH Density Residential ▪ Industrial ® Downtown Commercial ® Open Space - Rec AGENDA - TRANSMITTAL FORM TO: Rick Miller, Deputy City Clerk Enclosure: Staff Report for CC Meeting of 05-07-09 [CC or RDA] CUP No. 12-08, applicant Los Angeles SMSL, LP for Verizon Wireless (name — brief description) _ Consent Calendar Item I. Public Hearing Item: Notice required _ yes x no Copy attached yes x no Published (date(s) Notices sent N/A (date(s) Note: this is a continued item, was previously noticed City Departments Item ® Attachments include (this needs to match the attachment list in the Staff Report: • Conditions of Approval • Resolution No. • City Council Staff Reports of Feb 5 & Jan 8, 2009 X Please provide a fully executed copy of documents to: Asher Hartel Please record and return conformed copy _ Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting: Asher Hartel DATE: 4-28-09 Asher Hartel, Planning Director [Name or Initials], [Title] S:ACommunity Development\PLANNER\David\CUP 12-08\CC Transmittal 5-7-09.doc AGENDA ITEM Li 2- May 7, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Asher Hertel, AICP, Planning Director SUBJECT: Conditional Use Permit No. 12-08 for a wireless telecommunications facility with a 55-foot monotree tower at 1209 W. Ramona Expressway. Applicant: Los Angeles SMSL, LP for Verizon Wireless 15505 Sand Canyon Ave Irvine, CA 92618 RECOMMENDATION: Staff recommends that by motion the City Council: Approve Conditional Use Permit No. 12-08 subject to the Findings of Fact in Resolution No. and the attached Conditions of Approval. BACKGROUND: On December 11, 2008 the Planning Commission, in a 3-0 vote, approved the above project consisting of a Verizon telecommunications facility with a 55 foot high broadleaf monotree tower and associated ground equipment. The site is located at 1209 W. Ramona Expressway in the C-2 (General Commercial) zone. At the January 8, 2009 ratification hearing the City Council requested additional information regarding the expired Conditional Use Permit located on the adjacent Plantinga property on the west side of the project site. The project was pulled from the consent calendar and set for a hearing on February 5, 2009. At the February 5, 2009 hearing Council continued the project to May 7, 2009. Council was not comfortable with the close proximity of the proposed telecommunications facility to Ramona Expressway. Staff was directed to develop standards for wireless telecommunications facilities in and around the Gateway Area of the City. Council also directed staff to look at the possibility of including non- residential development projects for conditioning for the financing of improvements for the San Jacinto River Levee project. New wireless telecommunications facilities standards were presented to the Council on April 2, and revisions are being made for future consideration. The conditioning for the financing of improvements for the San Jacinto River Levee project has been resolved with the adoption of Ordinance 09-09 on April 19, 2009. Page 1 of 3 Approvals City Manager: p DISCUSSION: The proposed wireless telecommunications facility has been relocated toward the rear of the of the project site, behind an existing 22-foot high metal building. The new location is more than 350 feet from the edge of the Ramona Expressway right-of-way on a lease area of 900 square feet on the 4.52 acre property owned by Calvin Smith. A 6-foot high decorative block wall with wrought iron gate will enclose the facility and related equipment, which includes an 11 foot by 16 foot equipment shelter in addition to the stealth broadleaf mono -tree antenna tower. With the exception of the stealth tower, the facility will not be visible from Ramona Expressway. Two new live 24-inch box trees at a height of 24 feet are shown on the site plan adjacent to the facility, and staff has conditioned these trees to be up -sized to 48-inch box trees. As before, the access road is from the rear of the site. With the relocation of the facility toward the rear of the site, the access road is now approximately 400 feet shorter, and concerns about accessing the facility from Ramona Expressway have been resolved. As shown on the attached photo -simulations, there are several existing mature trees in close proximity to the facility that will aid in reducing the visual impact. In addition the applicant is proposing to use state-of-the-art stealthing techniques, by constructing the monopole to resemble a broadleaf tree. This type of tree helps make the facility blend in with the surroundings and also permits for future co -location by other carriers. The project is further conditioned not to have the antenna array extend beyond the leaves of the mono -tree. The height of 55 feet meets the coverage goals of the provider and does not conflict with the height limit provisions of the C-2 Zone. As revised, the project is consistent with the new wireless telecommunication facilities standards that have been developed and were reviewed by Council on April 2, 2009, in the following ways: • The facility is set back from Ramona Expressway at least 200 feet (more than 350 feet is proposed). • The facility is located near existing trees, vegetation, buildings, or other features on the project site that would aid in providing screening and concealment. • The facility will include at least two new forty-eight (48) inch box trees of similar appearance to the stealth monopole tower in close proximity to the facility. A condition of approval has been added to require these additional trees. • A new condition has been added to the Planning conditions of approval requiring that trees on the project site within one hundred (100) feet of the facility may be reasonably trimmed and pruned, but shall be maintained at a height that is consistent with the height of a stealth monopole tower, and shall not be removed unless recommended by an Page 2 of 3 arborist due to disease. Any removed tree shall be replaced with at least one (1) forty-eight (48) inch box tree. The project site is within the benefit area of the San Jacinto River Levee project improvements. The conditioning for the financing of improvements for the San Jacinto River Levee project has been resolved with the adoption of Ordinance 09-09 on April 19, 2009, however this project is not subject to the ordinance as it does not include any habitable floor space. Any future projects on the project site that include a subdivision or habitable floor space will be subject to contributing toward levee financing. A Planning condition of approval has been added to require the project to join the community services district to provide essential fire, police and pavement management services as applicable per City Ordinance 03-17. This issue arose with another wireless telecommunications facility recently, and it was determined that these types of facilities will have the potential to generate calls for service from the police and fire departments, and are therefore included under the ordinance. FISCAL IMPACT: None ATTACHMENTS: • Conditions of Approval • City Council Resolution • City Council staff reports of February 5 and January 8, 2009 • Site Plan package • Photo simulations • Aerial Photo • Current Zoning Map Page 3 of 3 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 12-+ Date of Preparation: 11/05/08 (Revised by City Council 5.7-09) Applicant: Los Angeles SMSL, LP for Verizon Wireless Location: Southeast corner of 1209 W. Ramona Expressway General Conditions 1. This proposal for a 55-foot broadleaf monotree, that will accommodate the installation of an eighteen panel wireless antenna array mounted at 53 feet and a 4-foot parabolic dish,. Conditional Use Permit 12-08 shall comply with the development standards for the General Commercial (C-2) zoning district. 2. The effective date of issuance of this Conditional Use Permit is the date it is approved by the City Council. The Conditional Use Permit will lapse if the improvements have not commenced within two (2) years from the date upon which the permit was granted approval. In addition to these Planning conditions of approval, this project is also subject to the conditions of the City Engineer dated October 10, 2008, and the Fire Department dated October 15, 2008. 3. The applicant agrees to indemnify, hold harmless, and defend the City, its officials, officers, agents and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this permit, and any approvals associated with the project, including, without limitation, any CEQA review or approval, except to the extent caused by the negligence of the City. 4. All plans submitted to the City shall be in substantial conformance with the plans in this approval. This condition applies to site plans, grading plans, landscape plans, building plans, elevations, and all other illustrations, text, or plans submitted to the City in connection with the project. 5. The broadleaf mono -tree shall be constructed to permit co -location as shown on the site plan. Page 1 of 4 6. Antennas and all support structures on the monopole shall be painted to match the color of the mono -tree leaves. The antennas shall not project beyond the leaves of the mono -tree. 7. Trees on the project site within one hundred (100) feet of the facility may be reasonably trimmed and pruned, but shall be maintained at a height that is consistent with the height of the stealth monopole tower, and shall not be removed unless recommended by an arborist due to disease. Any removed tree shall be replaced with at least one (1) forty-eight (48) inch box tree. (Added by City Council 5-7-09) 8. Exterior lighting shall be a manually -operated or motion detector controlled light above the equipment shelter door. Light shall be kept off except when personnel are actually present at night,,, 9. Backup generators shall only be operated during power outages and for testing and maintenance purposes, if the facility is locatedwithin one hundred (100) feet of a residential dwelling unit, noise attenuation measures shall be included to reduce exterior noise levels to at least 65dB CNEL at the property line. Routine testing and maintenance shall only take place on non -holiday weekdays between the hours of 8:00am and 5:30pm. 10. This use permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed leased area use or conditions under which it is being operated or maintained is detrimental to the publichealth, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 11. := The facilityoperator or property owner is responsible for maintaining the acility in an appropriate manner consistent with the original approval of he. Wireless Telecommunication Facility. Should the use be replaced or discontinued for a period of six months, the approvals will lapse and the facilityoperator shall remove the pole and equipment and restore the site to the original condition. 12. All existing and new utilities adjacent to and on site shall be located underground as per City of San Jacinto Municipal Code Section 15.32. 13. Grading and public improvements shall be installed in accordance with city standards and specifications. 14. To reduce noise impacts adjacent to the project site, construction and grading activities shall be limited to the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday. All construction equipment shall be mufflered and/or surrounded by noise attenuating barriers. Page 2 of 4 15. Upon project approval, the applicant shall submit a check to the City, payable to Riverside County, in the amount of $64.00, for payment of County documentary handling fee in conjunction with the filing of a Notice of Exemption. Prior to issuance of a Grading Permit 16. Prior to the issuance of a Grading or Building Permit a note shall be placed prominently on the construction documents to, "Notify Daniel Dixon or Mike Vega of the Metropolitan Water District (MWD) Water System Operations Group, telephone (951) 926-7.002, at least two working days (Monday through Thursday) prior to starting an work in the vicinity of our facilities." 17. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved site plan and grading plan. Prior to issuance of a Building Permit 18. Prior to issuance of a building; permit, fenceand wall plans shall comply with the City FenceGuidelines and be subject to review and approval of the Planning Department. 19. Thirty (30) days prior to' use, a list and specifications of all construction equipment to be used in area of the Metropolitan Water District (MWD) pipeline on the project site shall be submitted to MWD for review and approval. 20. The owner of the land Shall join the community services district to provide essential fire, police and pavement management services as applicable per City Ordinance 03-17. The developer shall also pay school fees in accordance with state law. (Added by City Council 5- 7-09) 21. Prior to issuance of a building permit, a detailed landscape and irrigation plan for the two new 48-inch box trees, which shall be at least 24 feet in height, shall be prepared by a licensed landscape architect and submitted to the Planning Department for review and approval by the City Landscape Architect. (Added by City Council 5- 7-09) Page 3 of 4 Prior to Final Inspection 22. Prior to final inspection, the installed landscaping and irrigation shall be approved by the City Landscape Architect. (Added by City Council 5-7-09) Conditions of Approval — CUP 12-08 Building and Safety Department General Conditions 1. All required Fire Department vehicle access roads shall maintained in a passable condition at all times for emergency Fire Department use. Gates or other obstructions shall be approved by the Fire Department prior to construction. 2. All lumber scraps, combustible materials and other debris shall be picked up daily, or more often as required by the Building and Safety Department. Prior to Final Inspection 3. Prior to Certiificates of Occupancy, specific address for each building shall be provided, shall be contrasting color and background. Page 4 of 4 Memorandum TO: Asher Hartel, Planning Director David Clayton, Planning Technician FROM: Habib Motlagh, City Engineer DATE: October 10, 2008 RE: CUP 12-08, Verizon 70' Broadleaf Tower • No new driveway will be approved for this site. The applicant shall use existing driveway and follow all traffic regulations for such use. It should be noted that subject to the proposed City of San Jacinto widening project along the Expressway per General Plan Standards, the use of this and any existing driveways along Expressway may be limited to right in and out only. • Any work within MWD (San Diego Aqueduct), right of way requires their review and permit. City Engineer's Office P.O. Box 488 • San Jacinto, CA 92581 • Ph (951) 654-3592 • Fax (951) 654-3672 www.ci.san-jacinto.ca.us John R. Hawkins Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of: Banning Beaumont Calimesa Canyon Lake Coachella Desert Hot Springs Indian Wells Indio Lake Elsinore La Quinta Moreno Valley Palm Desert Perris Rancho Mirage San Jacinto Temecula Board of Supervisors Bob Buster, District I John Tavaglione, District 2 Jeff Stone, District 3 Roy Wilson, District 4 Marion Ashley, District 5 RIVERSIDE COUNTY FIRE DEPARTMENT Tn cooperation with the California Department of Forestry and Fire Protection 2300 Market St, suite 200 Riverside, Ca. 92501 • (951) 955-4777 • Fax (951) 955-4886 10-15-2008 David Clayton, Information Planner City of San Jacinto 248 E. Main Street San Jacinto, Ca. 92583 Re: Conditional Use Permit 12-08, Verizon cell tower, 1209 Ramona Expy. FIRE recommends the following conditions: I. Provide emergency contact information at the entrance to the mono- pole enclosure. 2. Provide "KNOX" rapid access padlock or electric key switch at gate access to mono -pole enclosure. KNOX application available at the Riverside office, call (951) 955-4777 for further information. Re: Variance #2-08, FIRE has no comments or conditions. Scott DeForge, AFM Riverside County Fire, Planning Section STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A NEW 55 FOOT HIGH BROADLEAF MONO -TREE WITH AN 11X16 FOOT EQUIPMENT SHELTER ON A 900 SQUARE FOOT LEASED AREA LOCATED AT 1209 WEST RAMONA EXPRESSWAY: CUP NO. 12-08. WHEREAS, Los Angeles SMSL representing Verizon Wireless filed an application on September 22, 2008, File No. CUP 12-08, for a conditional use permit to allow the installation of a 55 foot high broadleaf mono -tree and ground equipment ("Application") on approximately 900 square feet of land, APN 436-070-004 ("Subject Site"); WHEREAS, the property affected by the Application is within the General Commercial (C-2) zoning district; WHEREAS, the Application was reviewed, studied, and found to comply with the California Environmental Quality Act ("CEQA") as more fully described below; WHEREAS, on December 11, 2008, the Planning Commission of the City of San Jacinto ("Commission") conducted a duly noticed public hearing on the Application at which time all persons wishing to testify in connection with the Application were heard and the Application was comprehensively reviewed and approved; and WHEREAS, on January 8, 2009, the City Council considered ratification of the Planning Commission approval, and set the Application for a hearing before the City Council on February 5, 2009; and WHEREAS, on February 5, 2009, the City Council conducted a duly noticed public hearing on the Application and identified several issues in relation to the Application, and continued the hearing to May 7, 2009; and WHEREAS, on May 7, 2009, the City Council continued the public hearing and the Application was comprehensively reviewed and approved; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. Based on the entire record before the Council, all written and oral evidence presented to the Council, and the findings set forth in this Resolution, the Council approves Conditional Use Permit No. 12-08 to allow the installation of a 55 foot high stealth broadleaf mono -tree and ground equipment on the Subject Site, subject to the conditions of approval. SECTION 2. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, including the staff report, the Council finds as follows: A. The Subject Site for which the CUP is granted is in accordance with the objectives of the City of San Jacinto Development Code and the purposes of the C-2 General Commercial zoning district because the Council has determined that use of the subject site is similar to and no more objectionable than any other conditional uses allowed within the zoning district. B. The proposed location of the Conditional Use and the conditions under which it would be operated or maintained will not be detrimental to the public health safety or welfare, or materially injurious to properties or improvements in the vicinity. As stated above the project is consistent with the zone classification for the site and the land use element of the General Plan. Further, the project has been reviewed by City and County agencies and has been conditioned accordingly. C. The proposed conditional use will comply with each of the applicable provisions of Article 17 and Article 23.76 of the Zoning Ordinance. As conditioned, the use is consistent with the intent and purposes of Ordinance 340 and applicable provisions of the General Plan. The proposed location of the wireless telecommunication facility and the conditions under which it will be operated or maintained will not be detrimental to public health, safety or welfare or materially injurious to properties or improvements in the vicinity. SECTION 3. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council finds the nature and extent of the dedications, reservations, impact fees, and other exactions are reasonably related to public needs and roughly proportional to the impacts created by use of the Subject Site as permitted by the CUP. SECTION 4. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the CUP complies with CEQA for the following reasons: This proposal has been determined to be a Class 32 (lnfill Development Project) Categorical Exemption, pursuant to Section 15332 of the Guidelines for Implementation of CEQA; therefore A Notice of Exemption has been prepared. City Staff is directed to file a Notice of Exemption within 5 days of project approval. SECTION 5. Effective Date. This Resolution shall become effective on the date on which it is approved by the City Council. PASSED, APPROVED AND ADOPTED, this 7th day of May, 2009. City of San Jacinto Dale Stubblefield, Mayor ATTEST: Barry McClellan, City Clerk AGENDA ITEM February 5, 2009 TO: The Honorable Mayor and Members of the City Council FROM: David Clayton, Information Planner Via Asher Hartel, Planning Director SUBJECT: Approval of Conditional Use Permit 12-08 to allow a cell tower at 1209 W. Ramona Expressway. Applicant: Los Angeles SMSL, LP for Verizon Wireless 15505 Sand Canyon Ave Irvine, CA 92618 RECOMMENDATION: Staff recommends that by motion the City Council: Ratify the Planning Commission approval of Conditional Use Permit 12-08 subject to the attached Conditions of Approval. BACKGROUND: On December 11, 2008 the Planning Commission, in a 3-0 vote, approved the above project consisting of a Verizon telecommunications facility with a 55 foot high broadleaf monotree tower and associated ground equipment. The site is located at the southeast corner of 1209 W. Ramona Expressway in the C-2 (General Commercial) zone. At the January 8, 2009 ratification hearing the City Council requested additional information regarding the expired Conditional Use Permit located on the adjacent Plantinga property on the west side of the project site. Detailed discussion on this site is provided further in this staff report. DISCUSSION: The project will be located on the north side of the Ramona Expressway just east of Potter Road. The applicant is proposing to lease 900 square feet at the southeast corner of the 4.52 acre property owned by Calvin Smith. A 6-foot high decorative block wall with wrought iron gate will enclose the site and related equipment, including an 11 foot by 16 foot prefabricated equipment shelter. To reduce visual impact from the Ramona Expressway, the site will be located behind existing California pepper trees. In addition the applicant is proposing to Page 1 of 3 Approvals City Manager: Finance Director: use state-of-the-art stealthing techniques, by constructing the monopole to resemble a broadleaf tree. This type of tree helps make the site blend in with the surroundings and also permits for future co -location by other carriers. The project is further conditioned not to have the antenna array extend beyond the leaves of the mono -tree. The height of 55 feet meets the coverage goals of the provider and does not conflict with the height limit provisions of the C-2 Zone. The attached Planning Commission staff report includes a more detailed discussion of the project. On January 8, 2009 the City Council raised concerns about the visual impacts of the mono -elm along the Ramona Expressway and also wanted to see the discussion from both the Planning Commission and City Council hearings regarding the now expired Conditional Use Permit on the adjacent Plantinga property. The City Council further set the matter for hearing, and the applicant was directed to prepare a photo simulation, specifically looking east along the Ramona Expressway. In general the Conditional Use Permit (CUP 1-04) for the Plantinga property permitted the installation of two 45 foot high mono -palms with the antenna array in the palm ball and a second array on the tree trunk. The site would have been located on a 55 foot by 55 foot pad approximately 400 feet from the Ramona Expressway adjacent to a combination of 30 to 50 foot high pine and pepper trees and an existing steel storage building. The project went through the public hearing process with ratification by the City Council on June 3, 2004, after which it was discovered that the property owner notifications were flawed. Upon advice of the City Attorney the project went through a second round of hearings and was eventually ratified for two years by the City Council on February 3, 2005. The project on the Plantinga property was further extended by the Planning Commission on January 11, 2007 with an expiration date set for February 3, 2008. Minutes from the May 13, 2004 Planning Commission hearing were unavailable but minutes for the October 28, 2004 hearing have been attached along with the City Council minutes from the June 3, 2004, November 18, 2004 and the February 3, 2005. As a point of reference, the project currently being reviewed was submitted on September 22, 2008, seven months after the expiration of the CUP approval on the adjacent Plantinga property. FISCAL IMPACT: None ATTACHMENTS: ■ Planning Commission Conditions of Approval • Planning Commission Resolution 08-35 • Planning Commission Staff Report ■ Site Plan package ■ Photo simulations Page 2 of 3 • CUP 1-04 Planning Commission Minutes dated October 28, 2004 • CUP 1-04 City Council Minutes dated June 3, 2004, November 18, 2004 and February 3, 2005 • CUP 1-04 Partial Site Plan Package • CUP 1-04 Photo Simulation taken from the area of the proposed Trails Specific Plan • Aerial Photo • Current Zoning Map Page 3 of 3 AGENDA ITEM January 8, 2009 TO: The Honorable Mayor and Members of the City Council FROM: David Clayton, Information Planner Via Asher Hartel, Planning Director SUBJECT: Approval of Conditional Use Permit 12-08 to allow a cell tower at 1209 W. Ramona Expressway. Applicant: Los Angeles SMSL, LP for Verizon Wireless 15505 Sand Canyon Ave Irvine, CA 92618 RECOMMENDATION: Staff recommends that by motion the City Council: Ratify the Planning Commission approval of Conditional Use Permit 12-08 subject to the attached Conditions of Approval. BACKGROUND: On December 11, 2008 the Planning Commission, in a 3-0 vote, approved the above project consisting of a Verizon telecommunications facility with a 55 foot high broadleaf monotree tower and associated ground equipment. The site is located at the southeast corner of 1209 W. Ramona Expressway in the C-2 (General Commercial) zone. DISCUSSION: The project will be located on the north side of the Ramona Expressway just east of Potter Road. The applicant is proposing to lease 900 square feet at the southeast corner of the 4.52 acre property owned by Calvin Smith. A 6-foot high decorative block wall with wrought iron gate will enclose the site and related equipment, including an 11 foot by 16 foot prefabricated equipment shelter. To reduce visual impact from the Ramona Expressway, the site will be located behind existing California pepper trees. In addition the applicant is proposing to use state-of-the-art stealthing techniques, by constructing the monopole to resemble a broadleaf tree. Approvals City Manager: Finance Director: Page 1 of 2 This type of tree helps make the site blend in with the surroundings and also permits for future co -location by other carriers. The project is further conditioned not to have the antenna array extend beyond the leaves of the mono -tree. The height of 55 feet meets the coverage goals of the provider and does not conflict with the height limit provisions of the C-2 Zone. The attached Planning Commission staff report includes a more detailed discussion of the project. FISCAL IMPACT: None ATTACHMENTS: Planning Commission Conditions of Approval Planning Commission Resolution 08-35 Planning Commission Staff Report Site Plan package Photo simulation Aerial Photo Current Zoning Map Page 2 of 2 AGENDA - TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for CC Meeting of 05-07-09 [CC or RDA] Resolution No. (Street Name Change: Potter Road to Lyon Ave) (name — brief description) _ Consent Calendar Item ► Public Hearing Item: Notice required _ yes x no Copy attached X yes no Published (date(s) Notices sent 3-25-09 (date(s) City Departments Item ® Attachments include (this needs to match the attachment list in the Staff Report: • Resolution No. • Street name change exhibit • Notice of hearing X Please provide a fully executed copy of documents to: Asher Hartel _ Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting: Asher Hartel DATE: 4-27-09 Asher Hartel, Planning Director [Name or Initials]. [Title] S:\Community Development\PLANNER\Asher\Street Name Change\CC Transmittal 5- 7-09.doc AGENDA ITEM 4.3 May 7, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Asher Hartel, AICP, Planning Director SUBJECT: Resolution No. renaming Potter Road as Lyon Avenue from De Anza Drive to Record Road. RECOMMENDATION: Staff recommends that by motion the City Council: A. Adopt Resolution No. , a Resolution of the City Council of the City of San Jacinto renaming Potter Road as Lyon Avenue from De Anza Drive to Record Road. B. Direct the City Clerk to file Resolution No. with the Clerk of the Board of Supervisors and County Surveyor. BACKGROUND: This item was discussed by Council on April 2, 2009, and continued to May 7, 2009 to allow staff to contact a few more people as regards any historic links to the Potter name. DISCUSSION: Several people were contacted in an effort to uncover any additional information about the Potter family name, including Betti Jo Dunham and Mary Whitney at the City Museum, Ella May Record and her sister Marjorie Goodwin, Jack Warneke, Jim Conner, and the Duffin Heritage Room of the Hemet Library. Approvals City Manager: / Finance Director: Page 1 of 2 The Duffin Heritage Room searched through their volume of the "San Jacinto Valley Past and Present", which includes the names of 520 historic families in the valley, and the Potter name was not included. There was a reference to a Mrs. Bertha Potter, a nurse who lived on Montrose Ave in 1934. Montrose Ave is shown on the current 2008 Chamber of Commerce map, and is a dirt road east of Mt. San Jacinto College behind Western Village Lane, approximately one and a half miles from Potter Road. An old San Jacinto City Directory from 1918 listed Asa Potter as a rancher, John Potter as a well digger, and Charles Potter with an unlisted occupation. No addresses are listed for these Potters. Discussions with Betti Jo Dunham, Mary Whitney, Ella May Record, Marjorie Goodwin, Jack Warneke, and Jim Conner, all of whom are long-time San Jacinto residents, did not yield any information that connected a Potter to a house or land on Potter Road. In view of the lack of any information that there could be historic significance to the Potter Road name, staff's recommendation remains as per the previous staff report of April 2, 2009 (attached) that it appears there is no historic significance other than Asa, John, and Charles Potter residing in unknown locations in the City, and Mrs. Bertha Potter residing on Montrose Ave. Copies of two photos of John Potter are attached as last-minute additions to this report; these were obtained by the City Museum within the past week and reproduced for the Planning Department. FISCAL IMPACT: None ATTACHMENTS: A. City Council Resolution No. B. Street name change exhibit C. Notice of City Council hearing D. City Council staff report of April 2, 2009 E. Photos of John Potter Page 2 of 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO RENAMING POTTER ROAD AS LYON AVENUE FROM DE ANZA DRIVE TO RECORD ROAD WHEREAS, Section 5026 of the California Streets & Highways Code authorizes the legislative body of a city to change the name of any street, boulevard, park or place by adopting a resolution evidencing such name change; and WHEREAS, the City of San Jacinto ("City") has policies and procedures for the naming of new streets proposed in the community; and WHEREAS, Potter Road, from De Anza Drive to Record Road, is a public right- of-way that has occupied homes and businesses; and WHEREAS, there have been recent improvements and signalization at the intersection of Ramona Expressway and Potter Road which include road signs renaming Potter Road to Lyon Avenue; and WHEREAS, Lyon Avenue was recently extended and re -aligned to connect with Potter Road north of De Anza Drive. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: SECTION 1. The City Council finds and declares as follows: A. Renaming of Potter Road to Lyon Avenue is consistent with the provisions of the Streets and Highways Code for renaming streets; and B. Renaming of Potter Road to Lyon Avenue is hereby approved. SECTION 2: The City Clerk is directed to certify the passage and adoption of this Resolution; enter same in the book of original Resolutions; and make a Minute of its adoption in the City's records and in the Minutes of the meeting when it was adopted. SECTION 3: The City Clerk is further directed to forward a certified copy of this Resolution to the clerk of the Riverside County Board of Supervisors and to the Riverside County Surveyor. Page I of 2 SECTION 4: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED, APPROVED and ADOPTED, this 7th day of May, 2009, by the following vote: Ayes: Nays: Absent: Abstain: ATTEST: Barry McClellan, City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP Jeffrey S. Ballinger, City Attorney City of San Jacinto by Dale Stubblefield, Mayor Page 2 of 2 1?"57 436-070-006 1 ,i0 .4c-. 'i IQ) cs:‘1.7a IT Z ii 1 R 436-070-008 \II% GI STREET NAME CHANGE EXHIBIT ozb EXIST. STREET NAME .. POI t tH RD 1 Ek. NEW STREET NAME ... LYON AVE , . --, ti. , 0 \ , \ , 0 ... , V . \ 0 0 57, 0 0 ti' 7 \ , , 3b\ 0 <" Aer \O()/ C." 'CPc3 ‘,4 \91 11 C)<<*s' \,0 436-080-012 d50/ \(,) oc, TRACT 281958 525' 436-070-001 • ^ t • SCALE 262.5' 525' CITY OF SAN JACINTO CITY COUNCIL Notice of Public Hearing Street Name Change: Potter Road to Lyon Avenue PROPOSAL APPLICANT ENVIRONMENTAL DATE/TIME WHERE TO GO WHO TO CALL Resolution to change of name of Potter Road to Lyon Avenue from De Anza Drive to Record Road. Applicant: City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, Ca 92583 Street Name Change: Potter Road to Lyon Ave' Subject Site This proposal is not subject to the California Environmental Quality Act (CEQA) because, pursuant to Section 3.07 of the City's CEQA Guidelines there is no possibility that the activity in question may have a significant effect on the environment. The project therefore is exempt from CEQA. Thursday, April 2, 2009 7:00 p.m. San Jacinto Unified School District Board Room 2045 5. San Jacinto San Jacinto, CA 92583 For additional information contact: Asher Hertel, Planning Director 595 S. San Jacinto Avenue San Jacinto, CA 92583 (951) 487-7330 District Offices AGENDA ITEM April 2, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Asher Hartel, AICP, Planning Director SUBJECT: Resolution No. renaming Potter Road as Lyon Avenue from De Anza Drive to Record Road. RECOMMENDATION: Staff recommends that by motion the City Council: A. Adopt Resolution No. , a Resolution of the City Council of the City of San Jacinto renaming Potter Road as Lyon Avenue from De Anza Drive to Record Road. B. Direct the City Clerk to file Resolution No. with the Clerk of the Board of Supervisors and County Surveyor. BACKGROUND: Recent street improvements including an extension of Lyon Avenue that connects with Potter Road, and signalization at the intersection of Ramona Expressway and Potter Road have been constructed. The improvements include road signs renaming Potter Road to Lyon Avenue. These improvements require a formal action by the City to change the name of Potter Road to Lyon Avenue. DISCUSSION: Section 5026 of the California Streets & Highways Code authorizes the legislative body of a city to change the name of any street or road by adopting a resolution to effect the name change. There are no requirements for notification of the general public or of homes, businesses, or property owners that may be affected. The only requirement is that a copy of the resolution providing for the change of name made by any city shall be promptly forwarded by the City Clerk to the Clerk of the Board of Supervisors and County Surveyor. Approvals City Manager: Finance Director: Page 1 of 2 There are approximately six houses and four businesses on the stretch of Potter Road between Ramona Boulevard and Ramona Expressway. The remaining stretches of Potter Road north of Ramona Expressway and south of Ramona Boulevard have only undeveloped land along the road. Staff mailed notices to all property owners that have frontage on the re -named road on March 25, 2009, to notify them of the street name change and the Council hearing to adopt the Resolution. Staff had a concern that the name "Potter" may have historic significance, and spoke with Betti Jo Dunham and Mary Whitney at the City museum regarding the Potter name. Mary Whitney is a long-time valley resident and Lake Hemet Water District retiree with a great deal of historical knowledge of the valley. Neither could recall any long term family or similar association. Betti Jo also checked the historical reference book, the History of the San Jacinto Valley, and the name Potter was not referenced. It is therefore not known where the Potter name originated, and it appears there is no historic significance FISCAL IMPACT: None ATTACHMENTS: A. City Council Resolution No. _ B. Street name change exhibit C. Notice of City Council hearing Page 2 of 2 - 40,-A NTO MEMORANDUM To: Mayor and Members of the City Council From: Asher Hartel, Planning Director Date: May 7, 2009 Subject: Ordinance No. 09-10 (Gateway Area and City-wide Wireless Telecommunication Facilities Ordinance), Zoning Ordinance Amendment 01-09. Applicant: City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 Staff requests that this item be continued to the May 21, 2009 City Council hearing. AGENDA - TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for [CC or RDA] 51 015e-/11.a114re— Ora, and (name - brief description) Consent Calendar Item Public Hearing Item: Notice required yes no Copy attached yes no Published (date(s)) Notices sent (date(s) City Departments Item Attachments include (this needs to match the attachment list in the Staff Report: A. B. C. meeting of 6-/-7 /c / , (date) Other: _ Please provide a fully executed copy of documents to: _ Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting DATE: / f 4/7 [Name or Initials], [Title] S:\City Clerk\CC RPT 06\AGENDA Transmittal Foiui.doc AGENDA ITEM 5- 1 May 7, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Assistant City Manager,' SUBJECT: An Ordinance to regulate the land application of sludge and manure RECOMMENDATION: By motion, introduce the attached ordinance restricting the land application of sewage sludge and/or manure. BACKGROUND: Presently, the City does not have regulations pertaining to the land application of sludge and/or manure. The land application of such materials can have extensive negative effects if not properly regulated. Such effects include the generation of noxious odors, the proliferation of insects, the introduction of toxins and diseases, and the introduction of heavy metals. Such eefects have the potential to degrade the quality of life of surrounding residents, degrade water quality and pose hazards to public health and safety. DISCUSSION: The proposed ordinance seeks to restrict and regulate the land application of sludge and manure. Sludge is the product of municipal wastewater treatment. Often thought to consist of only "human waste," sludge also contains organic, inorganic, and biological pollutants from commercial, industrial, and household wastes, and compounds added to and formed during treatment processes. Manure is any bulk, unbagged substance composed primarily of animal excrement. The proposed ordinance seeks to prohibit the land application of sludge and regulate the land application of manure. The land application of manure would be authorized in limited circumstances. For instance, land application of manure would be allowed on agricultural sites operated in conjunction with a public school with a recognized agricultural training program or curriculum; on tree or vine farming operations; and on operating farms which meet certain conditions, such as being 5 acres or larger, located not less than mile from a school and mile from a sensitive receptor such as a convalescent hospital. In the case of operating farms, prior to the land application of the manure the site must be registered with the Planning Director. ALTERNATIVES: 1) Consider and, by motion, conduct the first reading and introduce the proposed ordinance. 2) Continue or take no action. FISCAL IMPACT: This ordinance will result in costs for enforcement of the manure registration and application standards. However, there are provisions for fines and cost recovery for violations of the proposed ordinance. ATTACHMENTS: 1. Ordinance STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ESTABLISHING CHAPTER 8.64 OF THE SAN JACINTO MUNICIPAL CODE PERTAINING TO THE LAND APPLICATION OF SEWAGE SLUDGE AND MANURE WHEREAS, the unrestricted land application of sewage sludge and/or manure can lead to noxious odors and pest control concerns; and WHEREAS, the unrestricted land application of sewage sludge and/or manure can introduce inappropriate pathogens that can enhance the potential for disease transmission; and WHEREAS, the unrestricted land application of sewage sludge and/or manure can introduce heavy metals and other potentially toxic substances into the soil; and WHEREAS, the unrestricted land application of sewage sludge and/or manure can introduce detrimental levels of nitrogen and phosphorus into the soil negatively impacting water quality; and WHEREAS, the City Council hereby expresses its intent to establish prohibitions and controls on the land application of sewage sludge and/or manure. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 8.64 of the San Jacinto Municipal Code is hereby established as follows: "Chapter 8.64 LAND APPLICATION SLUDGE AND MANURE 8.64.010 Short title. This chapter shall be known as the sludge and manure control ordinance of the city. 8.64.020 Definitions. For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows: "Department" shall mean the Community Development Department of the City of San Jacinto. "Director" shall mean the Planning Director of the City of San Jacinto. "Land application" shall mean the spraying or spreading of sludge or manure onto the land surface, the injection of sewage sludge or manure below the surface, or the deposit, release, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, burying or disposal into the environment of sewage sludge or manure into the soil so that it can either condition the soil or fertilize crops or vegetation grown in the soil. "Land owner" shall mean any person, firm, company, business, city, county, district, sole proprietor, partnership, joint venture, trust, association, limited liability corporation, corporation (whether profit or non-profit), or any other entity that owns, leases, occupies, rents, is authorized by the property owner to conduct farming activities or otherwise controls real property within the City of San Jacinto. "Manure" shall mean any bulk, unbagged substances composed primarily of animal excrement (excluding human excrement). "Quality manure" shall mean manure that is not tainted by the incorporation of foreign material (including sewage sludge). Quality manure shall not contain solid, hazardous, or medical wastes. "Sewage sludge" shall mean solid, semi -solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage; scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works. Sewage sludge, as used in this article, excludes biosolid products that are in a bag or container packaged for routine retail sales through regular retail outlets which are primarily used for residential landscaping. 8.64.030 PROHIBITIONS. A. Prohibition of land application of sludge. No person shall engage in the land application or to cause, suffer, or permit, dump, (including by abandonment or discarding) of any sewage sludge upon, into or under any premises within the City of San Jacinto. B. Prohibition of land application of manure. It shall be unlawful for any person to apply manure to any land within the City of San Jacinto unless the requirements of this chapter are met. 8.64.040 EXEMPTIONS. Exemptions to the land application of manure. The following sites are exempted from the prohibition of the land application of manure. A. Agricultural sites operated in conjunction with a public school with a recognized agricultural training program or curriculum. B. A tree or vine farming operation considered active by the Planning Director. C. Operating farms which meet all of the following conditions: 1. The site or sites have been registered with the Planning Director, using criteria including, but not limited to that below. An application for approval to apply manure pursuant to these Exemptions shall be filed with the Planning Director on forms provided by his/her office. 2. The site has a minimum of 5 acres of tillable soil or as otherwise accepted by the Planning Director. 3. There is a distance not less than 1/4 mile from all public schools in session during the time in which manure is to be applied and incorporated. 4. The manure application is conducted by or for the operating farm using only quality manure. 8.64.050 STANDARDS FOR MANURE USE AT APPROVED SITES Application restrictions. A. Manure shall not be transported or applied to sites located less than 1/4 mile from a public school on days when that school is in session. B. Manure shall not be transported or applied to sites located less than 1/2 mile from sensitive receptors such as senior care facilities, senior restricted communities, or hospitals. C. Manure shall not be applied within 100 feet of any well. D. Manure shall be spread evenly across the entire site. E. Upon application, manure shall be incorporated into the soil by discing or other suitable tillage within the timelines set forth below. Manure incorporation shall be thorough, to a depth of not less than six inches. 1. Less than 20 acres: Within 48 hours of delivery. 2. Greater than 20 acres: Within seven days of delivery. F. Manure shall not be applied in wet or windy conditions (over five mph) or in any other condition which would inhibit effective incorporation into the soil. G. Manure delivery shall not take place until at least a 48-hour notice is given to the Planning Director (excluding weekends and legal holidays). This shall be done by either fax or through hand delivery. 8.64.060 VIOLATIONS A. Fines. Violations by any person, firm, partnership, association, or corporation of any of the provisions of this division constitutes an infraction or misdemeanor as hereinafter specified. Each day of infraction shall be considered a separate offense. Upon conviction thereof, the person or entity shall be subject to a fine of $250.00 for the first violation, $500.00 dollars for the second violation within the same one year period, and fines of $1,000.00 for each additional violation within the same one year period, or other fines as established by state law. Fourth and additional violations shall each constitute a misdemeanor and shall be punishable by a fine of $2,500.00, six months in jail, or both. Payment of any penalty provided herein shall not relieve the person, as defined, of the responsibility of correcting the conditions considered as a separate and distinctive offense. B. Cost recovery. Any additional remedies, penalties, and procedures for violations of this ordinance shall be recovered by the City in accordance with the San Jacinto Municipal Code. C. Public nuisance declaration. Any violation of this article is hereby deemed to be a public nuisance and may be abated or enjoined by the city, irrespective of any other remedy herein." Section 2. Severability. Should any provision, section, paragraph, sentence or word of this chapter be determined or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this chapter shall remain in full force and effect. Section 3. Effective Date. This ordinance shall take effect and be in full force on the thirtieth (30th) day from and after its second reading. Introduced at a regular meeting of said City Council on the th day of , 2009, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto By Dale Stubblefield, Mayor ATTEST: Barry McClellan, City Clerk APPROVED AS TO FORM: Jeffrey S. Ballinger Best Best & Krieger LLP CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) I, , City Clerk of the City of Jacinto, hereby certify that the foregoing is a true copy of Ordinance No. , introduced at a regular meeting held on the day of , 2009 and duly adopted by the City Council of the City of San Jacinto, California at a regular meeting thereof held the day of , 2009. WITNESS my hand and official seal of the City of San Jacinto this day of , 2009. City Clerk AGENDA - TRANSMITTAL FORM TO: Rick Miller, Deputy City Clerk Enclosure: Staff Report for CC meeting of 5-7-09 [CC or RDA] (date) ORDINANCE NO. AN ORDINANCE OF CITY OFSANJACINTO ESTABLISHING A WATER CONSERVATION AND WATER SUPPLY SHORTAGE PROGRAM AND REGULATIONS (name — brief description) Consent Calendar Item Public Hearing Item: Notice required yes no Copy attached yes no Published (date(s)) Notices sent (date(s) X City Departments Item X Attachments include (this needs to match the attachment list in the Staff Report: A. B. C. Other: Please provide a fully executed copy of documents to: Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting Mike Emberton DATE: 5-7-09 MLE [Name or Initials], [Title] AGENDA ITEM 5.2, May 7, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Mike Emberton, Public Works Director SUBJECT: An Ordinance to Regulate Water Conservation and Water Supply Shortages. RECOMMENDATION: By motion, introduce the attached ordinance regulating water conservation and water supply shortage programs. BACKGROUND: As water becomes in short supply, cost and availability will continue to be significant issues. Although we can't control costs, we can control excessive or wasteful practices. Excessive watering is wasteful and can cause slippery sidewalks or streets. Additionally, unnecessary amounts of irrigation runoff tend to collect in basins that normally should be dry. In turn, wet basins attract mosquitoes which then must be eradicated. DISCUSSION: The proposed ordinance seeks to establish a water conservation and water supply shortage program. In general, it is in the best interest of the city to establish these types of programs so we can do our part to conserve this diminishing resource and ensure adequate supply for the future. The proposed ordinance seeks to establish Permanent Water Conservation Requirements as well as to establish Level 1; 2; 3 Water Supply Shortage standards. Examples of Permanent Water Conservation Requirements include such items as: Limits on watering Hours; limits on Watering Duration; no excessive water flow or runoff and drinking water served upon request only. These are common sense approaches applied to everyday activities. Additionally, emergency Water Supply Shortage levels 1-3 are intended to provide the city with additional yet progressive control measures. As the level of emergency goes up, so does our latitude to restrict usage. Examples of this progressive model include limits on watering and obligation for leak repair within 72 hours at level 1. At level 2, further limits on watering and mandatory leak repair within 48 hours. At level 3 (Emergency), no watering can occur and mandatory leak repair within 24 hours. Approvals City Manager: 7i' I- In order to enforce these items, the ordinance does allow for penalties and violations. In line with other code enforcement actions, violators will receive written warnings prior to any punitive action. If a water waster persists beyond reason and a written warning doesn't stop them, then we have subsequent fine levels of $25, 100 and 500 dollars to fine them. Lastly, in an extreme case, we could shut off a gross violator. Our intent will always be to educate first, however the fine system can be used if the water waster refuses to comply. Finally, this ordinance does not have any provisions for tiered water rates. That is a separate issue related to water rates which will be discussed at another time. ALTERNATIVES: 1) Consider and, by motion, conduct the first reading and introduce the proposed ordinance. 2) Continue or take no action. FISCAL IMPACT: This ordinance will result in minimal costs for enforcement of the water waste standards. However, there are provisions for fines and cost recovery for violations of the proposed ordinance. ATTACHMENTS: 1. Proposed Ordinance 2. Ordinance Summary Table STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF SAN JACINTO AMENDING SECTION 13.04.070 OF CHAPTER 13.04 OF THE CITY OF SAN JACINTO MUNICIPAL CODE ESTABLISHING WATER CONSERVATION AND WATER SUPPLY SHORTAGE PROGRAM AND REGULATIONS WHEREAS, water is Riverside County's most precious natural resource; and WHEREAS, a reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the southern California region; and WHEREAS, Southern California is a semi -arid region and is largely dependent upon imported water supplies. A growing population, climate change, environmental concerns, and other factors in other parts of the State and western United States, make the region highly susceptible to water supply reliability issues; and WHEREAS, residents, governments, businesses, and agriculture must work together to ensure the efficient use of water in homes, landscapes, public facilities and businesses; and WHEREAS, Riverside County, water agencies and municipal governments are committed to the development and implementation of water conservation and supply shortage guidelines; and WHEREAS, the City of San Jacinto has developed and adopted water conservation and water supply shortage program and regulations. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 13.04070 of Chapter 13.04 of the San Jacinto Municipal Code is hereby amended in its entirety to read as follows: "13.040.070 A. Findings 1. A reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the southern California region. 2. Southern California is a semi -arid region and is largely dependent upon imported water supplies. A growing population, climate change, environmental concerns, Page 1 of 13 and other factors in other parts of the State and western United States, make the region highly susceptible to water supply reliability issues. 3. Careful water management that includes active water conservation measures not only in times of drought, but at all times, is essential to ensure a reliable minimum supply of water to meet current and future water supply needs. 4. Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof. 5. Article XI, Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. 6. California Water Code section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies. 7. The adoption and enforcement of a water conservation and supply shortage program is necessary to manage the City of San Jacinto's potable water supply in the short and long-term and to avoid or minimize the effects of drought and shortage within the City of San Jacinto. Such program is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare. B. Declaration of Purpose and Intent. 1. The purpose of this chapter is to establish a water conservation and supply shortage program that will reduce water consumption within the City of San Jacinto through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the City of San Jacinto to avoid and minimize the effect and hardship of water shortage to the greatest extent possible. 2. This chapter establishes permanent water conservation standards intended to alter behavior related to water use efficiency at all times and further establishes three levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies. C. Definitions. 1. The following words and phrases whenever used in this chapter have the meaning defined in this section: "Billing unit" means the unit of water used to apply water rates for purposes of calculating water charges for a persons water usage. Page 2 of 13 "Landscape irrigation system" means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system. "Large landscape areas" means a lawn, landscape, or other vegetated area, or combination thereof, equal to more than one (1) acre of irrigable land. "Person" means any natural person or persons, corporation, public or private City of San Jacinto, governmental agency or institution, including all agencies and departments of City of San Jacinto, or any other user of water provided by the City of San Jacinto. "Potable water" means water which is suitable for drinking. "Recycled water" means the reclamation and reuse of non -potable water for beneficial use as defined in Title 22 of the California Code of Regulations. "Single pass cooling systems" means equipment where water is circulated only once to cool equipment before being disposed. Application 1. The provisions of this chapter apply to any person in the use of any potable water provided by the City of San Jacinto. 2. The provisions of this chapter do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services. 3. The provisions of this chapter do not apply to the use of recycled water, with the exception of Section VI(a). 4. The provisions of this chapter do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale. 5. This chapter is intended solely to further the conservation of water. It is not intended to implement any provision of federal, State, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff. Refer to the local jurisdiction or Regional Water Quality Control Board for information on any stormwater ordinances and stormwater management plans. E. Permanent Water Conservation Requirements — Prohibition Against Waste The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water. 1. Limits on Watering Hours: Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m., Pacific Standard Time on any day, except by use of a hand- held bucket or similar container, a hand-held hose equipped with a positive self - Page 3 of 13 closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. 2. Limit on Watering Duration: Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than fifteen (15) minutes watering per day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low -flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70°/o efficiency standard. 3. No Excessive Water Flow or Runoff: Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. 4. No Washing Down Hard or Paved Surfaces: Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self -closing water shut-off device, a low -volume, high-pressure cleaning machine equipped to recycle any water used, or a low -volume high-pressure water broom. 5. Obligation to Fix Leaks, Breaks or Malfunctions: Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than seven (3) days of receiving notice from the City of San Jacinto, is prohibited. 6. Re -circulating Water Required for Water Fountains and Decorative Water Features: Operating a water fountain or other decorative water feature that does not use re -circulated water is prohibited. 7. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self - closing water shut-off no77Ie or device. This subsection does not apply to any commercial car washing facility. 8. Drinking Water Served Upon Request Only: Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested. Page 4 of 13 9. Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen Services: Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language. 10. No Installation of Single Pass Cooling Systems: Installation of single pass cooling systems is prohibited in buildings requesting new water service. 11. No Installation of Non -re -circulating in Commercial Car Wash and Laundry Systems: Installation of non -re -circulating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems. 12. Restaurants Required to Use Water Conserving Dish Wash Spray Valves: Food preparation establishments, such as restaurants or cafes, are prohibited from using non -water conserving dish wash spray valves. 13. Commercial Car Wash Systems: Effective on January 1, 2010 all commercial conveyor car wash systems must have installed operational re- circulating water systems, or must have secured a waiver of this requirement from the City of San Jacinto. F. Level 1 Water Supply Shortage 1. A Level 1 Water Supply Shortage exists when the City of San Jacinto determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the City of San Jacinto of a Level 1 Water Supply Shortage condition, the City of San Jacinto will implement the mandatory Level 1 conservation measures identified in this section. 2. Additional Water Conservation Measures: In addition to the prohibited uses of water identified in Section VI, the following water conservation requirements apply during a declared Level 1 Water Supply Shortage: a. Limits on Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to three days per week on a schedule established and posted by the City of San Jacinto. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the City of San Jacinto. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand - Page 5 of 13 held bucket or similar container, a hand-held hose equipped with a positive self -closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. b. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy-two (72) hours of notification by the City of San Jacinto unless other arrangements are made with the City of San Jacinto. G. Level 2 Water Supply Shortage 1. A Level 2 Water Supply Shortage exists when the City of San Jacinto determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the City of San Jacinto of a Level 2 Water Supply Shortage condition, the City of San Jacinto will implement the mandatory Level 2 conservation measures identified in this section. 2. Additional Conservation Measures: In addition to the prohibited uses of water identified in Section VI and VII, the following additional water conservation requirements apply during a declared Level 2 Water Supply Shortage: a. Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two days per week on a schedule established and posted by the City of San Jacinto. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the City of San Jacinto. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand- held bucket or similar container, a hand-held hose equipped with a positive self -closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. b. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within forty-eight (48) hours of notification by the City of San Jacinto unless other arrangements are made with the City of San Jacinto. Page 6 of 13 c. Limits on Filling Ornamental Lakes or Ponds: Filling or re -filling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to declaration of a supply shortage level under this ordinance. d. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self -closing water shut-off nozzle or device, by high pressure/low volume wash systems, or at a commercial car washing facility that utilizes a re -circulating water system to capture or reuse water. e. Limits on Filling Residential Swimming Pools & Spas: Re -filling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited. H. Level 3 Water Supply Shortage — Emergency Condition 1. A Level 3 Water Supply Shortage condition is also referred to as an "Emergency" condition. A Level 3 condition exists when the City of San Jacinto declares a water shortage emergency and notifies its residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety. Upon the declaration of a Level 3 Water Supply Shortage condition, the City of San Jacinto will implement the mandatory Level 3 conservation measures identified in this section. 2. Additional Conservation Measures: In addition to the prohibited uses of water identified in Section VI, VII, and VIII, the following water conservation requirements apply during a declared Level 3 Water Supply Shortage Emergency: a. No Watering or Irrigating: Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use, unless the City of San Jacinto has determined that recycled water is available and may be applied to the use: (1) Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, hand- held hose equipped with a positive self —closing water shut-off nozzle or device; (2) Maintenance of existing landscape necessary for fire protection; Page 7 of 13 (3) Maintenance of existing landscape for soil erosion control; (4) Maintenance of plant materials identified to be rare or essential to the well-being of protected species; (5) Maintenance of landscape within active public parks and playing fields, day care centers, golf course greens, and school grounds, provided that such irrigation does not exceed two (2) days per week according to the schedule established in Section VIII(b)(1) and time restrictions in Section VI(a) and (b)(1); (6) Actively irrigated environmental mitigation projects. b. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within twenty four (24) hours of notification by the City of San Jacinto unless other arrangements are made with the City of San Jacinto. c. No New Potable Water Service: Upon declaration of a Level 3 Water Supply Shortage Emergency condition, no new potable water service will be provided, no new temporary meters or permanent meters will be provided, and no statements of immediate ability to serve or provide potable water service (such as, will -serve letters, certificates, or letters of availability) will be issued, except under the following circumstances: (1) A valid, unexpired building permit has been issued for the project; or (2) The project is necessary to protect the public health, safety, and welfare; or (3) The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the City of San Jacinto. This provision does not preclude the resetting or turn -on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year or less. or d. Limits on Building Permits: The City of San Jacinto will limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the City of San Jacinto's adopted conservation offset requirements. Page 8 of 13 e. Discontinue Service: The City of San Jacinto, in its sole discretion, may discontinue service to consumers who willfully violate provisions of this section. f. No New Annexations: Upon the declaration of a Level 3 Water Supply Shortage condition, the City of San Jacinto will suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any increased use of water. I. Procedures for Determination / Notification of Water Supply Shortage 1. Declaration and Notification of Water Supply Shortage: The existence of Level 1, Level 2 or Level 3 Water Supply Shortage conditions may be declared by resolution of the City of San Jacinto adopted at a regular or special public meeting held in accordance with State law. The mandatory conservation requirements applicable to Level 1, Level 2 or Level 3 conditions will take effect on the tenth day after the date the shortage level is declared. Within five (5) days following the declaration of the shortage level, the City of San Jacinto must publish a copy of the resolution in a newspaper used for publication of official notices. If the City of San Jacinto activates a water allocation process, it must provide notice of the activation by including it in the regular billing statement or by any other mailing to the address to which the City of San Jacinto customarily mails the billing statement for fees or charges for on -going water service. A water allocation will be effective on the fifth day following the date of mailing or at such later date as specified in the notice. 2. Mandatory Percentage Use Reductions: During a Level 3 Water Supply Shortage condition, all customers will be required to reduce water consumption by a percentage determined by the City of San Jacinto. J. Hardship Waiver 1. Undue and Disproportionate Hardship: If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a waiver to the requirements as provided in this section. 2. Written Finding: The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property. Page 9 of 13 a. Application: Application for a waiver must be on a form prescribed by the City of San Jacinto and accompanied by a non-refundable processing fee in an amount set by City of San Jacinto resolution. b. Supporting Documentation: The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant. c. Required Findings for Waiver: An application for a waiver will be denied unless the City of San Jacinto finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the City of San Jacinto or its Agent, all of the following: (1) That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses; (2) That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally; (3) That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City of San Jacinto to effectuate the purpose of this chapter and will not be detrimental to the public interest; and (4) That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature. 3. Approval Authority: The Finance Director, or appointed designee must act upon any completed application no later than ten (10) days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply too the subject property during the period of the mandatory water supply shortage condition. The decision of the Finance Director, or appointed designee is final. K. Penalties and Violations 1. Misdemeanor: Any violation of this chapter may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than thirty (30) days, or by a fine not exceeding one thousand dollars ($1,000), or by both. Page 10 of 13 2. Penalties: Penalties for failure to comply with any provisions of the ordinance are as follows: a. First Violation: The City of San Jacinto will issue a written warning and deliver a copy of this ordinance by mail. b. Second Violation: A second violation within the preceding twelve (12) calendar months is punishable by a fine not to exceed one hundred dollars ($25). c. Third Violation: A third violation within the preceding twelve (12) calendar months is punishable by a fine not to exceed two hundred and fifty ($100). d. Fourth and Subsequent Violations: A fourth and any subsequent violation is punishable by a fine not to exceed five hundred ($500). (1) Water Flow Restrictor: In addition to any fines, the City of San Jacinto may install a water flow restrictor device of approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services after written notice of intent to install a flow restrictor for a minimum of forty eight (48) hours. e. Discontinuing Service: In addition to any fines and the installation of a water flow restrictor, the City of San Jacinto may disconnect a customer's water service for willful violations of mandatory restrictions in this chapter. 3. Cost of Flow Restrictor and Disconnecting Service: A person or City of San Jacinto that violates this ordinance is responsible for payment of the City of San Jacinto's charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the City of San Jacinto's schedule of charges then in effect. The charge for installing and/or removing any flow restricting device must be paid to the City of San Jacinto before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates. 4. Separate Offenses: Each day that a violation of this ordinance occurs is a separate offense. 5. Notice and Hearing: a. The City of San Jacinto will issue a Notice of Violation by mail or personal delivery at least ten (10) days before taking enforcement action. Such notice must describe the violation and the date by which corrective action must be taken. A customer may appeal the Notice of Violation by filing a written notice of appeal with the City of San Jacinto no later than Page 11 of 13 the close of business on the day before the date scheduled for enforcement action. Any Notice of Violation not timely appealed will be final. Upon receipt of a timely appeal, a hearing on the appeal will be scheduled, and the City of San Jacinto will mail written notice of the hearing date to the customer at least ten (10) days before the date of the hearing. b. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the City of San Jacinto may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water Level condition. L. Severability If any section, subsection, sentence, clause or phrase in this section is for any reason held invalid, the validity of the remainder of the chapter will not be affected. The City Council of the City of San Jacinto hereby declares it would have passed this chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or is declared invalid." Section 2. Effective Date. This ordinance shall take effect and be in full force on the thirtieth day (30th) day from and after its second reading. INTRODUCED at a regular meeting of said City Council on the 7th day of May, 2009, by the following vote: Ayes: Nays: Absent: Abstain: ATTEST: Barry McClellan, City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP Jeffrey S. Ballinger, City Attorney City of San Jacinto By Dale Stubblefield, Mayor Page 12 of 13 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) I, Barry McClellan hereby certify that the attached is a true copy of Ordinance No. introduced by the City Council of the City of San Jacinto, California, at a regular meeting held the day of _, 2009. Ordinance was approved, passed and adopted at a regular meeting of the San Jacinto City Council held the day of , 2009. WITNESS my hand and official seal of the City of San Jacinto this day of , 2009. Barry McClellan, City Clerk City of San Jacinto Page 13 of 13 WATER CONSERVATION ORDINANCE SUMMARY TABLE Permanent Level 1 Level 2 Level 3 — Emergency Additional Emergency Measures if Needed Restrictions Same as Pernanent + Same as Permanent & Same as Permanent. Level 1 + Level 1 & Level 2 + o No Watering: 0 Watering limited to 3 o Watering limited to 2 o No watering or 9am-5pm, except by days a week days a week irrigating with certain exceptions hand o Fix leaks within 72 o Fix leaks within 48 o Irrigation system limit hours hours o No filling or re -filling o Fix leaks within 24 hours o of 15 minutes No excessive ornamental lakes or ponds o No new potable water service water flow or runoff e Wash vehicles only at car wash with re- circulating system o No new annexations to service areas o o No washing down hard or paved surfaces Obligation to fix leaks in reasonable time (within o No filling residential pools or outdoor spas o o Limit or withhold building permits No new annexations o o o o 7 days of notice) Fountains only with re- circulating water Wash vehicles only with bucket or shut-off nozzle Restaurants only serve water on request Hotels must provide guests option o to not launder linen daily No installation of single - pass cooling systems Same as Permanent Same as Permanent Same as Permanent o No installation of non re- circulating car wash systems o Restaurants must use conserving nozzles o Commercial Car Wash Systems use Re - Circulating by Jan. 1, Penalties o Fines, flow restrictor or disconnect service after 4th violation o Misdemeanor o Reporting mechanism 2 AGENDA - TRANSMITTAI, FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for C' meeting of S �7� [CC or RDA] (date) FY --/o 4LI 6 t ? (name — brief description) Consent Calendar Item Public Hearing Item: Notice required yes no Copy attached yes no Published (date(s)) Notices sent (date(s) cf City Departments Item Attachments include (this needs to match the attachment list in the Staff Report: A. B. C. Other: Please provide a fully executed copy of documents to: Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting DATE: 1/'25-47 [Name or Initials], [Title] S:\City Clerk\CC RPT 06\AGENDA Transmittal Form.doc 5.3 FY 2009-10 BUDGET MESSAGE May 7, 2009 INTRODUCTION I am pleased to present the Fiscal Year (FY) 2009-10 Proposed Budget to the City Council and to the community. The purpose of this budget message is to identify important conditions affecting the city's finances and to summarize significant changes to the budget from the previous year. The budget recommended to the City Council is summarized by the general categories below: Budget Category General Fund Operating Interfund Transfers Out to CIP Less General Fund Reductions Development Services LLPD#2 Other Special Districts Redevelopment Agency Interfund Transfers Out to CIP Special Revenue Funds Interfund Transfers Out to CIP Enterprise Funds Interfund Transfers Out to CIP Debt Service Funds Internal Service Funds Other Funds Subtotal All Capital Projects Total Proposed Budget $17,263,142 (3,164,393) $ 5,087,976 (3,447,314) $26,230,108 (25,192,636) $ 7,571,408 (1,712,428) FY 09/10 Budget $14, 098, 749 ($ 300,000) $1,688,662 $ 3,287,014 $ 3,366,302 $1,640,662 $1,037,472 $ 5,858,980 $ 7,477,158 $ 725,879 $ 643,621 $39,524,499 $33,786,428 $73,310,927 The city's budget is comprised of various independent funds that have legally restricted revenues and expenses except for the General Fund. General Fund expenditures are restricted by policy only and not by legal mandates. Several of the more prominent funds are specifically reviewed in this budget message. The City Council has adopted a best management practice of utilizing two-year budget cycles. In the first year of the cycle staff re -budgets and justifies all expenditures, which is how the FY 2008-09 budget was developed. Then in the second year (FY 2009-10), the budget is a roll over of the base budget with an adjustment for inflation. Typically, in the second year, the City Council considers only significant budget policy issues and new capital projects. However, this is not a typical year nor are these typical times. Instead of rolling over the budget at a fixed percentage or even zero increase as in FY 2007-08, significant reductions have been made to the current FY 2008-09 budget. Over $100,000 was cut from the budget for training and equipment at the mid -year review. Also, five vacant positions have been kept open the entire fiscal year at a savings of over $300,000 in salary alone. Then in April, six positions were eliminated from the budget that will provide a savings of approximately $600,000 in FY 2009-10. With the reorganization of the Community Development and City Clerk's office, the projected expenditure reduction is $975,000 in FY 2009-10. Staff continues to look at ways to further reduce expenditures. Financial Outlook Federal At the federal level, there are no known adverse impacts this fiscal year. In addition to receiving Community Development Block Grant (CDBG) funds, we have applied for Federal Stimulus funding on all levels. We have also submitted an application to the County of Riverside for a portion of the federal Neighborhood Stabilization funds received by the county, which they may grant to non -entitlement (CDBG) cities. State At the state level, the budget problem continues. Shortly after the state budget was belatedly adopted, updated revenue projections caused the state to revisit the budget and to make further changes. However, the latest balancing act relies upon the passage of several state-wide propositions on May 19. If the key propositions, which would "balance" the budget, do not pass then the state will have to consider further reductions, revenue increases or both. In the current state budget they have already taken a slice from Redevelopment Funds that will cost our Redevelopment Agency $390,000. The California Redevelopment Association has filed suit to stop the taking, but that is yet unresolved. Fortunately, the passage of Proposition 1A in 2004 has discouraged the state from withholding property tax augmentation funds from local government, up to this point, as it did in the past to transfer money to school districts in order to comply with Proposition 98 -- the Educational Revenue Augmentation Fund. However, if the May 19 special election does not provide the means to balance the state budget, they will once again be looking at all ways to balance it with all the attendant concerns to local governments and school districts. Local At the local level, new home construction remains at a stand -still while commercial activity continues but at a much slower pace. Consequently, Development Services (DS) fees continue to drop. Projected fees for this fiscal 2 year are $650,000 and are projected to be $470,000 in FY 2009-10. This is down from $1.69 million in FY 2007-08 and $4.4 million in FY 2006-07. It was this strong activity that provided the means to build a DS reserve beginning in FY 2006-07. Planning and engineering activity continues, albeit at a much slower pace than two to three years ago, as builders continue to process projects for entitlements. Further, property taxes are projected to decrease by 20% in FY 2009-10. Initially, our tax consultant projected a reduction of around 11 % in property tax. However, the county assessor called all cities in the county recently to inform us of our projected reductions based on the latest assessments. This will translate to a reduction of $350,000 in revenue in FY 2009-10, which approximately doubles the earlier projection/assumption. The rate of decrease of our assessed valuation is higher than the county -wide average, but then our increase of 32% two years ago (2006 to 2007) was double the county -wide average increase. Sales tax revenue increased by over $400,000 in FY 2007-08 because of the opening of three shopping centers in that fiscal year. In FY 2008-09, sales tax is estimated to increase by 20 percent or by approximately $400,000. In FY 2009- 10 sales tax is estimated to decrease by approximately 4% based upon projections by our tax consultant. This will be a decrease of approximately $95,000 in revenue. Motor vehicle license fees continue to be the single largest source of revenue to the general fund. For the current year, the revenue is projected to be down 5% or $220,000. This revenue historically increases each year; however, with the reduction in new car sales this ad valorum tax was significantly affected. The projection for FY 2009-10 is a decrease of 9.7 %, which will be an additional $375,000 drop in this revenue. In summary, in addition to our Development Services program fee reductions, we are projecting a net reduction in the above three taxes (property, sales and vehicle) of approximately $820,000 in FY 2009-10. Clearly, this downturn has created a structural deficit, which must continue to be reduced in the following fiscal year(s) until the economy improves. PROPOSED GENERAL FUND BUDGET The General Fund budget is divided into three major components, which are the general government services, development services, and the capital budget. Development services (DS) (planning, building, and engineering functions) are separately distinguished from other general government services (public safety and administration) because development -processing fees typically fund those particular functions. Because some fees are collected for services that may continue or may be fully provided in a following fiscal year, a separate DS reserve was established in order to fund those future services. For better 3 accounting control, the planning, engineering and building functions are now in a separate fund — Fund 11. Typically, development services are subsidized by the General Fund when revenues are less than expenditures. Up until two years ago, revenues exceeded expenditures, hence the positive balance in that reserve and fund. In FY 2008-09, the DS operations drew down that reserve $1.7 million and the projected draw down for FY 2009-10 is $1.2 million, leaving less than $500,000. The placing of DS in a separate fund more clearly shows either its General Fund subsidy or its contribution to DS reserves. Overall, the recommended expenditures in DS are reduced by approximately $670,000 from FY 2008-09 expenditures. In April 2009, four positions were eliminated in development services and three other positions remained unfilled. However, because of fixed costs other than staffing, DS will still need to be subsidized by the General Fund in FY 2009-10. If necessary, further reductions may be considered in FY 2010-11. The third component is the General Fund capital budget, which is available to fund one-time capital projects from a designated capital reserve in the General Fund. This reserve was established in order to provide additional funding, when it was available, for capital projects. With the adoption of the FY 2006-07 budget, the City Council adopted the policy to transfer remaining year-end fund balance to the capital budget reserve after the Contingency Reserve and Development Services reserve are funded for the fund balance. There will be only a modest level of funds ($330,225) available to transfer into the capital budget reserve at the end of FY 2008-09. Other than those projects already funded or augmented by General Fund capital reserves, staff recommends that no future projects be funded with these capital reserves until all revenues return to prior levels. This will provide a Capital Projects reserve of $9,411,903 at 6-30-10. If needed at a future point, the Capital Reserve could be transferred to the Contingency Reserve because it is general fund money. The general government services component requires the use of reserves in FY 2009-10. This is due to the downturn in funds received from the Public Safety district for new development (Community Facilities District 2003-1). This subsidy began in FY 2006-07 and was fully reviewed in a budget update report dated February 5, 2009. The Public Safety CFD portion of that report is replicated below for your convenience: Public Safety CFD This District was implemented by the City Council in FY 2003-04 to help cover increasing costs created by the new demands for service because of the rapid growth in the city. This type of CFD can only assess parcel fees on new 4 construction and cannot assess property owners who were in place prior to the adoption of this CFD. Therefore, this CFD was never intended to nor could it legally provide 100% of the revenue needed to operate both the police and fire departments. Projections indicated that there would be a need for the city to continue to budget GF money to public safety budgets for the increases due to growth. Perhaps closer to build -out of the city is when that subsidy will not be necessary. A report prepared by Taussig and Associates, which included four scenarios with different staffing levels and the timing of the construction of a new fire station forecast that the General Fund would be paying for increased public safety costs in either FY 07-08 or in FY 08-09. Because the CFD had an excess of revenues over expenditures it's first three years, a significant fund balance developed by FY05- 06, which was used for the increased costs from the new fire station that was opened in the fall of 2006. The recession has now accelerated the need for an increased subsidy because of the huge downturn in new home construction. To better understand the reason, the CFD has two revenue components. Special Tax "A" are the annual levies on new properties for their share of the public safety service. Special Tax "B" is one-time revenue collected at the time of the building permit, which has slowed to a very small trickle, of course. The table below will demonstrate the trend with these two revenue components. REVENUES Tax "A" 0 $62,179 $516,984 $960,473 $1,265,144 Tax "B" $210,248 $876,099 $941,832 $348,745 $43,337 Interest $4,434 $8,229 $62,717 $97,518 $42,035 , As can be seen, the precipitous drop in development has caused the permit portion of the special tax to drop for $941,832 in only two fiscal years. Further, the projection for receipts of `B" tax in FY 08-09 is $18,000 and Tax "A" is projected at decrease from FY 07-08 to $1,175, 000 in FY 08-09. The reason for Tax "A"s decrease in an increasing delinquency rate due to the increase in home foreclosures and delinquent taxes. Unlike secured property taxes, which the city receives from the county even if the taxes are delinquent, the Teeter Plan does not cover special taxes and assessments. Therefore, the increasing delinquency rates have an increasing affect on the annual levies, which are Special Tax "A." With that being said, with a new fire station added in the first quarter of FY 06-07 and nine sworn police officers added over fiscal years FY 06-07 and FY 07-08 because of the rapid growth, the increased costs for which the CFD was formed, continue to increase. The table below will demonstrate this trend. 5 EXPENDITURES Police 0 $2,323 $613,814 $865,173 $915,108 Fire 0 0 $391,191 $1,037,619 $1,687,736 Admin 0 $13,610 $32,770 $24,625 $20,965 As can be seen from the two tables, there were higher expenditures for eligible costs paid by the CFD than revenues in the last two complete fiscal years, FY 06-07 and FY 07-08. However, the fund balances at the end of FY 05-06 and FY 06-07 were $1.6 million and $1.1 million respectively, which funded the difference in those two fiscal years. While $900,000 per year in Special Tax `B"— Permits was not projected to be sustainable, neither was it or could it have been projected that those revenues could have dropped from over $900,000 to under $100,000 in only two years. (End of extract from February 5, 2009.) The table below shows the projected revenues based on the three components of the General Fund operating budget and the recommended budget expenditures by category. Operating Budget Sources of Funds General Government Development Services Total Uses of Funds General Government *(Less further reductions) Development Services Public Safety Total FY 2009-10 $13,991,265 $ 470,005 $14,461,270 $ 4,890,114 $ (300,000) $ 1,688,662 $ 9,208,634 $15,487,410 *This additional reduction helps to mitigate the operating deficit of the General Fund and Development Services to approximately $1 million. Additionally, the General Fund subsidy to the Public Safety CFD in FY 2009-10 depletes the Contingency Reserve of $1.3 million. General Fund Budget Issues Staff is not recommending any increased service levels or major equipment purchases in the coming fiscal year. In fact, six employees were laid off in April 6 2009, and I recommend four vacant positions be eliminated in the proposed budget. Recent past service level increases: In FY 2007-08, four sworn officers were added to police and a paramedic program was implemented at both fire stations. In FY 2006-07, three sworn police officers were added to the department. Also, the Westside fire station was opened, which doubled fire coverage in the city. General Reserves The city has three General Reserves: Contingency Reserve Development Services Reserve Capital Projects Reserve The City Council has stipulated that there will be a Contingency Reserve of a minimum of 15% of the General Fund budget. After that is accomplished, the Development Services Reserve is adjusted either up or down based on revenues, and most remaining fund balance, if any, is placed into the Capital Projects Reserve. The projected year-end (6-30-09) available fund balance is $20,030,097, which includes $12,683,778 in Capital Projects Reserves and $5,150,816 in the Contingency Reserve, which is greater than the 15% minimum. With the recommended further reduction of $300,000 from the General Fund operating budget, the projected available fund balance at 6-30-10 is $14.55 million, which would include $3,858,280 (over 15%) in the Contingency Reserve, $9,411,903 in the Capital Projects Reserve, and $476,846 in the Development Services Reserve. SPECIAL DISTRICTS The city funds several specific programs with assessment or community facilities districts. These ongoing maintenance and operation districts finance portions of public safety, sewer lift stations, street lighting, and parkways and median maintenance. The city has formed a 1982 Act Street Maintenance District that will assess new streets as they are accepted into the city's street system in the future. SPECIAL; DISTRICTS EXPENDITURES CFD 2003-1 Public Safety — Police and Fire Operations $2,666,786 AD 2003-1 Street Maintenance $78,712 LLPD#1 Lighting and Landscape Maintenance $620,800 LLPD#2 Lighting and Landscape Maintenance $3,287,016 TOTAL $6,6 ,3`14 7 ENTERPRISE FUNDS The Enterprise Funds consist of three separate funds for the city's municipal water system, the city's sewer collection system, and the franchised solid waste enterprise. City staff operates and maintains both the water and sewer systems, for which rates are collected from our utility customers. The City Council in 2005 approved both Water Master Plan and Sewer Master Plan updates. The Water and Sewer funds had been in deficit prior to the study's completion, and the financial analysis portions of the plans recommended a strategy for incrementally increasing both sewer and water rates over a period of several years. With the coming increase in mid-2009, the funds are projected to be out of the deficit and to provide a minor amount to begin applying to capital improvements. The study will be updated in conjunction with a pending analysis outlined in the following paragraph. As Council is aware, the city has been involved in discussions with other water purveyors in the San Jacinto Valley to become partners in a Ground Water Management Plan (GWMP). The Water Policy Committee has been meeting for a number of years, and the conclusion of the plan development is nearing. Our consulting water engineer has been asked to analyze the costs to our customers to participate in this regional plan. Along with that, we plan to retain them to update our rates and operational costs as they did in 2004-05. When this is completed, it will be reviewed with the Council for further possible action if it is necessary. REDEVELOPMENT AGENCY FUNDS The Redevelopment Agency (RDA) receives almost all of its funding from property tax increment. The RDA has projected revenues of $6,445,111 and recommended expenditures of $8,770,594 for FY 2009-10. Projected expenditures are acceptably higher because of an adequate fund balance of $10.8 million. The expenditures include debt service on bonds, pass through payments to other governments and districts, downtown facade improvement program, and various housing rehabilitation programs. The tax increment is estimated to decrease 14% in FY 2009-10. MEASURE A FUND The Measure A Fund is used to account for the receipt and disbursement of the city's share of the county -wide half -cent sales tax, which is specifically allocated for transportation related projects pursuant to legislation passed by Riverside County voters. The annual revenue from the fund is estimated to be $756,000 in FY 2009-10, which is up from the projected $660,000 in FY 2008-09. 8 CAPITAL PROJECTS The proposed and carry-over capital projects for FY 2009-10 will be presented to the City Council at the meeting of May 21, 2009. This will include all projects from all funding sources. NEW PROGRAMS OR PROJECTS FOR CONSIDERATION There are no new programs or special projects recommended this year because of the state of the economy. CURRENT PROGRAMS FOR REVIEW AND DISCUSSION 1. Federal Consultant Joni Goodman contract -- $12,500 SPECIAL EVENTS 1. Independence Day Parade and Activities $16,000 2. Veterans Day Ceremony $ 6,000 3. Christmas Tree Lighting $ 3,000 4. Groundbreaking Ceremonies $ 1,000 5. State of the City Event $ 5,000 6. Unscheduled Events $ 5,000 7. Neighborhood Cleanups $12,000 TOTAL $48,000 This recommendation is a reduction of $29,700 from last fiscal year. SUMMARY The proposed budget is oriented to maintaining previously increased service levels that have been implemented the last three years. This includes maintaining existing service levels in public safety, reducing service levels in development services, and building the city's infrastructure to support continuing growth. The city's financial position remains sound. Although development services fees are down for the third consecutive year, the city has prudently reserved past development related revenues to pay for the needed ongoing services. Property taxes will decrease by approximately $350,000 in the coming year and sales taxes will decrease slightly, but the city has a larger sales tax base with the strong increases in the prior two fiscal years. While residential construction has stopped, commercial construction continues during this slower economic cycle. 9 With the adoption of the proposed budget as presented, the projected fund balance on 6-30-10 is $14.55 million (including the proposed $300,000 in reductions). However, if the recession continues through the coming fiscal year, more service level reductions will need to be seriously considered for the FY 2010-11 budget year. In closing, I would like to express my sincere appreciation to the Finance Department and to all the other departments and staff that helped to produce this FY 2009-10 proposed budget. Finance Department Connie Rogers -Elmore, Interim Finance Director Tom Prill, General Accounting Manager Cindy Bohn, Finance Supervisor/Risk Manager Wendy Welch, Accounting Technician Debbie Vickery, Administrative Secretary Administration Tim Hults, Assistant City Manager Claudia Maunz, Executive Assistant Respectfully submitted, Barry McClellan City Manager 10 AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL MAY 7, 2009, 7:00 p.m. 2045 South San Jacinto Avenue San Jacinto Unified School District Board Room, San Jacinto, CA 92583 1. ORGANIZATION 1.1 Call to Order Call the regular meeting of the San Jacinto City Council to order at p.m. 1.2 Roll Call ❑ Announce for the record those members present and those absent ❑ IF SOMEONE IS ABSENT, ASK COUNCIL WHETHER THEY WANT TO EXCUSE THE ABSENCE 1.3 Invocation U Call on Pastor James Billings, First Baptist Church, to give the invocation. 1.4 Pledge of Allegiance U Call on to lead the Pledge of Allegiance BIT 1.5.1 on — Artistic Director of Ramona ( Since 1995) 1.5.2 sena fern nr ez — Playing the role as Ramona (4t" season) & uane IUltnarf— Playing the role of Alessandro (1st season) 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A limitation of three (3) minutes shall be set for each person desiring to address the City Council. ❑ Call for public comments 2.1 City Manager's Report on previous month's public comments Call on City Manager Barry McClellan for his report. City Council Agenda May 7, 2009 Page 2 of 7 3. CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by City Council Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests a specified item be removed and/or discussed. !fan item is pulled, it will be heard at the end of number '5. Staff Reports.' 3.1 Treasurer's Report — March 31, 2009 / Receive and File / City Treasurer 3.2 April 2, 2009 Minutes — Regular Meeting / Continue to May 21, 2009 City Council meeting / City Clerk requested this ltem be continued to May . , : tt City sofa it 2.1 09 rl 3.3 April 16, 2009 Minutes — Regular Meeting / Approve / City Clerk 3.4 Continuation of the Proclamation of the Local State of Emergency due to high and damaging winds / Approve / City Attorney 3.5 San Jacinto River Levee, approval of change order to Webb Associates contract for final design / Approve / Assistant City Manager 3.6 Approval of License Agreement with RCTC related to Sanderson Avenue Widening Project / Approve / City Engineer tStafi,ha requ steel this item.be continued;te certain) 3.7 Acceptance and allocation of TASIN (SB 621) Grant money for Ramona Expressway Rehabilitation Project / Approve / Interim Finance Director 3.8 Acceptance and allocation of SB 821 Grant funds for De Anza Drive and Washington Avenue Improvements / Approve / Interim Finance Director 3.9 Ordinance No. 09-11 / An ordinance amending Chapter 8.48 of the San Jacinto Municipal Code / Approve second reading and adopt Ordinance No. 09-11 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto Amending Chapter 8.48 of the San Jacinto Municipal Code Requiring that Shopping Carts Be Maintained on Business Premises / Assistant City Manager 3.10 Surplus Declaration — 2008 Chevrolet Impala / Approve / Interim Finance Director City Council Agenda May 7, 2009 Page 3of7 3.11 Master Street Light Agreement with Southern California Edison / Approve / Public Works Director 3.12 Ratification of Planning Commission approval of Conditional Use Permit 01-09 for a tenant improvement for a 2,294 square foot amusement center within the Ramona Crossings Center located at 621 North State Street, Suite 3 / Approve / Planning Director 3.13 Resolutions to update Signature Card and Facsimile Signature Agreement with Bank of Hemet / Approve and Adopt / Interim Finance Director a) A Resolution of the City Council of the City of San Jacinto, California, Authorizing a Facsimile Signature Agreement for Bank Accounts at the Bank of Hemet b) A Resolution of the City Council of the City of San Jacinto, California, Authorizing Signers for Bank Accounts at the Bank of Hemet D Call for items to be pulled. ❑ If no items are pulled for discussion, call for motion and vote on Consent Calendar as presented U If items are pulled for discussion, call for motion and vote on the balance of the consent calendar Note that pulled items will be heard at the end of 'No. 5 Staff Reports' 4. PUBLIC HEARING 4.1 General Plan Amendment 3-07, Planned Unit Development 2-06 and Tentative Tract Map No. 34664 / Continued from January 22, 2009 / Planning Director / A proposal to change the General Plan designation on a 4.01 acre parcel from Low Density Residential to Medium Density Residential and to change the zoning from single Family Residential (R-1) to Two -Family Residential - Planned Unit Development (R-2-PUD), and to subdivide the property into 37 single family residential lots; located on the west side of Kirby Street approximately 330 feet north of Esplanade Avenue / Applicant: Mario Zamorano, 3590 S. Dartmouth Lane, Rowland Heights, CA 91748 a) Adopt the Mitigated Negative Declaration b) Adopt Resolution No. approving General Plan Amendment 1-07 based upon the Planning Commission's recommendation c) Ordinance No. 09-02 for the Planned Unit Development 2-06 based on Planning Commission's recommendation / Approve introduction and first reading of Ordinance No. 09-02; and by further motion read by title only: City Council Agenda May 7, 2009 Page 4of7 An Ordinance of the City Council of the City of San Jacinto, California, approving a Change of Zone from Single Family Residential (R-1) to Two -Family Residential PUD (R-2-PUD), located on the west side of Kirby Street, north of Esplanade Avenue in the City of San Jacinto, County of Riverside d) Approve Tentative Tract 34664 subject to the attached Conditions of Approval ❑ Call on Planning Director Asher Hartel for staff report ❑ Call for questions by council ❑ Open Public Hearing an. 25 pm ❑ Ask Deputy City Clerk Miller for all written objections, protests, and requests to be heard, which have been received / filed ❑ Close Public Hearing at-113'1 pm ❑ Call for council discussion ❑ Call for motion and vote apptif 4.2 Conditional Use Permit 12-08 / Applicant: Los Angeles SMSL, LP for Verizon Wireless, 15505 Sand Canyon Avenue, Irvine, CA 92618 / Approve Conditional Use Permit No. 12-08 subject to the Findings of Fact in Resolution No _ and the attached Conditions of Approval (allowing a cell tower at 1209 W Ramona Expressway) / Continued from February 5, 2009 / Planning Director ❑ Call on Planning Director Asher Hartel for staff report Cl Call for questions by council ❑ Open Public Hearing at pm ❑ Ask Deputy City Clerk Miller for all written objections, protests, and requests to be heard, which have been received / filed ❑ Close Public Hearing at pm ❑ Call for council discussion ❑ Call for motion and vote lY 4.3 Resolution No. / A resolution renaming Potter Road as Lyon Avenue from De Anza Drive to Record Road / Approve and Adopt / Planning Director ❑ Call on Planning Director Asher Hartel for staff report ❑ Call for questions by council ❑ Open Public Hearing at pm ❑ Ask Deputy City Clerk Miller for all written objections, protests, and requests to be heard, which have been received / filed ❑ Close Public Hearing at pm ❑ Call for council discussion 0 Call for motion and vote City Council Agenda May 7, 2009 Page 5 of 7 4.4 Ordinance No. 09-10 / An ordinance (Zoning Amendment Ordinance No. 01- 09) regarding the Gateway area and city-wide wireless telecommunications facilities / Continue ;;toy May«21, 009 City Council rn tart / Planning Director Approve introduction and first reading of Ordinance No. 09-10 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, approving amendments to Article 23, Section 23.76, Wireless Telecommunication Facilities, to Amend the City's Regulations Establishing Standards for Wireless Telecommunications Facilities in the Gateway Area and City-wide ❑ Call on Planning Director Asher Hertel for staff report ❑ Call for motion and vote to conttnue:item to 1 ay 21; 5. STAFF REPORTS At the end of the scheduled City Department items, anyone wishing to discuss a consent calendar item should come forward upon invitation of the Mayor; state their name, address, and the consent calendar item number pulled. Speakers should limit comments to three (3) minutes. 5.1 An Ordinance to regulate the land application of sludge and manure / Approve introduction and first reading of Ordinance No. ; and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto Establishing Chapter 8.64 of the San Jacinto Municipal Code Pertaining to the Land Application of Sewage Sludge and Manure / Assistant City Manager U Call on Assistant City Manager Tim Hults for staff report ❑ Call for questions by council ❑ Call for public comments ❑ Call for council discussion ❑ Call for a motion and vote 5.2 An Ordinance to Regulate Water Conservation and Water Supply Shortages / Approve introduction and first reading of Ordinance No. ; and by further motion read by title only: An Ordinance of the City Council of San Jacinto Amending Section 13.04.070 of Chapter 13.04 of the City of San Jacinto Municipal Code City Council Agenda May 7, 2009 Page 6of7 Establishing Water Conservation and Water Supply Shortage Program and Regulations / Public Works Director ❑ Call on Public Works Director Mike Emberton for staff report ❑ Call for questions by council D Call for public comments ❑ Call for council discussion ❑ Call for a motion and vote 5.3 Presentation of Fiscal Year 2009-2010 Proposed Budget / Discuss and direct staff / City Manager ❑ Call on City Manager Barry McClellan for staff report ❑ Call for questions by council ❑ Call for public comments ❑ Call for council discussion ❑ Call for a motion and vote ❑ Hear any items pulled from the consent calendar ❑ Recess Regular Meeting at p.m. ❑ Open Redevelopment Agency meeting at p.m. RDA Consent Calendar 3.1 April 16, 2009, RDA in -:s Regular Meeting / Approve / Deputy Agency Secretary ❑ Call for item(s) to be pulled. ❑ If none are pulled for discussion, call for motion and vote on Consent Calendar as presented ❑ If item(s) are pulled for discussion, call for motion and vote on the balance of the consent calendar ❑ On pulled item(s) call for staff report, questions from council, public comment, council discussion, motion and vote ❑ Adjourn the RDA meeting at p.m. and reconvene the Regular City Council Meeting at p.m. 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS City Council Agenda May 7, 2009 Page 7 of 7 ❑ Call on City Council Members for their reports Recess the Regular Meeting at p.m. and reconvene in Closed Session at p.m. 7. CLOSED SESSION 7.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One (1) case 7.2 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Barry McClellan, City Manager/ Jeff Ballinger, City Attorney Employee organization/ Unrepresented Employee(s): SEIU & Management 8. ADJOURNMENT ❑ Call for motion, second, and vote 0 Adjourn the meeting at p.m. If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing. CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. it is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (951) 537-6358, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB 343) -- Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the public counter located in the Administration Building of City Hall, 595 S San Jacinto Avenue, San Jacinto, California, 92583. BUDGET 2009-10 General Fund $13798,743 Other Funds ;25 725,750' $ub-total952',499' Capital Projects s33�78C;428 1 2008-09 2009-10` GF 16,750,529 513,798,749 Non: 25 126,342 525,725,750< CIP s39,413,825 $33,786,428` SI Total $81,130,697 $73,310,927 90,040,000 ;s0,000,000 70;000;000 -� t 2 General Government Development Services Total ,8581000 $13,991,265 ,233,000 - 470 0.05 Total $16,491,054 $14,461 270 3 s,4ut►.00a 4,000,E Gen Gov't Dev Svcs Projected Vhcl L'rc Fee Property. Taxes Sales Taxes Franchise Fees interest ver 2006-09 35875,000 $2,475,300 52;346,799 51,460,000 5255000 2009-10 r3,5005000 2,2035580 25250,000 1 5465,000 476,170 4 Waage, FY 2008-09 FY 2009- 0 Gen Gov't $ 4,717/910 $ 4 590,114 Dev .Svcs $ 2,960r 180: 1 688,662 Public Sfty $ 9,O2,438 9,208,634 TOTAL 16,750,529 515,4871410 5 Contingency Reserve Capital Rese Development Svcs Reserve 6 Federal Consultant — Boni Goodman Senior. Horne Repair program:- i!p•pJ. No new programs or increased service Ieveis are recommended this year. 7 Cot f The budget is balanced by a reduction of expenditures of over $1 million for staffing and other :costs and by the use of reserves The Public Safety CFD must be augmented by s1.3 million from general fund. All other general fund operations are projected to receive $200,000 more revenue than to be expended. City Future decreases in property tax will require additional' expenditure reductions. 'With no change in the building industry, further reductions will be necessary in beveloprr,ent Services in FY 20.0-11 .`Contingency Reserve=proecte n be more than 20% at end of FY 2010-1 t Capital Reserves are general fund monies that can be used in an emergency. 8 NTH Finance Deiartmer Connie Rogers -Elmore, Interim Finance D Tom =Pri General Accounting Manager Wendy Welch, Accounting Technician Debbie Vickery, Ad rn Secretary EDG Department Heads Tim Hults Jeff Ballinger Mike Emberton Habib Motlagh Asher Hartel Lt. Bill Tyler gi Chief Bob Michae Adrninistration Claudia Maunz Carolyn Durden Pam. Stull 9 SOC Save Our Communities May 4, 2009 Dear Supervisor Stone and Mayor Stubblefield, Testimony was given by the California State Association of Counties to the U.S. House Natural Resources Committee, on April 1, 2009, concerning the Carcieri v. Salazar case. Save Our Communities (SOC) is a citizen group opposed to the fee to trust land transfer of the Horseshoe Grande Property by the Soboba Band of Luiseno Indians in San Jacinto. As a member of SOC, I have summarized this testimony's important points and listed them below. We would appreciate your support, through a resolution or a letter of support, of these suggested reforms in the Federal fee to trust process which would allow for a more transparent and collaborative effort between the tribes and the surrounding communities. Summary of the Testimony: 1. Do not restore the trust land system to pre-Carcieri status. 2. Consider what reforms of the process need to be undertaken including: a. Meaningful, balanced and transparent standards; b. A fair and open process which affects states, local governments, businesses and non - tribal communities; c. Create reform in the trust land process that is in the interest of all affected parties; d. Full disclosure from tribes and the BIA on all Indian land plans and decisions; e. The Secretary of the Interior should seek out and carefully consider comments of local affected governments, considering the two-part determination that the trust transfer would not be detrimental to the surrounding communities, recognizing the reality of the impacts tribal development projects have on local government services; f. Create better standards for tribal "need" for trust land acquisitions, not a "blank check" for removing land from state and local jurisdiction; g. Require full compliance of state and local laws of acquired land and mitigating through an enforceable Intergovernmental agreement within the local courts government, of all impacts on the affected county; h. All "changes in use" should be reviewed; i. Establish a new paradigm where counties are considered meaningful and constructive stakeholders in the tribal land determination; j. Create a liaison between tribes and governments; k. Provide decision -making responsibility and authority to an agency other than the BIA, which has the specific mission to serve Indians and tribes and to decide in their favor; and I. Third parties should have the right to challenge harmful trust decisions. 3. Request that the Department of the Interior suspend further fee to trust land acquisitions until Carcieri's implications are better understood and new regulations or legislation passed. Thank you for your continued interest, concern and participation regarding the Soboba Tribe's proposed fee to trust land transfer which is now in its Environmental Impact stage. Sincerely, Patricia Mayne Cc: Barry McClellan Ron Roberts Marion Ashley Minh C. Tran Mission Statement Save Our Communities is opposed to the conversion of Horseshoe Grande land from fee -to -trust; and subsequent annexation to the Soboba Band of Luiseno Indian Reservation. We desire this land to remain with it s current boundaries, jurisdictions and zoning. P.O. Box 682, San Jacinto, CA 92581 OC' L , F J ;md . om Page 2 of 2 Honorable Mayor, City Council Members and interested meeting attendees, My name is Lucille Hedges and I am a member of the Estudillo Mansion Committee aides such would like to offer my report: Over the last few months the young members of the ROTC have been busy volunteering their time to help enhance our mansion. They are eagerly anticipating the dedication ceremonies that are scheduled for the 16th of May. The ROTC cadets have helped move the furniture from the Mansion in order to facilitate the interior restoration. They have kept busy cleaning the grounds and planting replacement shrubs. The Mansion volunteers have moved back furniture and staged the rooms. They have also planted fruit trees and established a drip system with a timer to water them. Eleven olive trees from the Soboba mansion have been planted, replacing the palms that were originally scheduled for the borders of the Mansion grounds. They symbolize a bond with the sister Soboba Mansion. The Mansion has been a labor of love for the members of the Committee and the Mansion Volunteers as well as the ROTC cadets and our liaison with the city, Redevelopment Operations Manager Steven Pasarow. His help, dedication and guidance have been irreplaceable. Respectfully submitted, Lucille R. Fledges, Liaison The Estudillo Mansion Committee. MEMORANDUM T O: The Honorable Mayor and City Council Members FROM: Rick Miller, Deputy City Clerk DATE: May 7, 2009 SUBJECT: Agenda Item 4.1 Clarification Attached is a new map to be included in your packets for Agenda Item 4.1, General Plan Amendment 3-07. The only change on the map is in the number of homes listed on in the title. The map itself has not changed. On the original map that you received with your agenda packets had 37 homes, the new one has 36. Thank you! '5 10 24" S D go 16,1- 511 1 AL- 1 .(71AL 1 GIAL -2- ERA 6' HIGH ELK NALL FEN CI Lj4_1 Ktid:Rdkvvvv: eil.gs sinsamm imam MINSINIBINESSIIIIMMISINISMIONNATia, A=h. to 41P Pi) ger yawl ,•too'ELi.6 E P • ; ' • NEW 36 HOMES 1340 KIRBY,SAN JACINTO,CA 92582 APN NO,431-190-035 5LIC 24AL-. FORTY LINE TIE 00' 01^INP-e-- 50.0' 5.415 5.R, 00 N/4.-11HA ---I'' 21 3640 S.F. 5640 011. ...''(( 3640 Sr. 52' - 52'P''"( ''''(%. 52' 9 10 ' \ -tm.M,M 12 3640 S.F. 3640 3.R. 56**k 56.40 e.F. '' ' 6 H 5 L < ....menamammore..42Emem IOW Miria Oh wo E57- 13 E.640 G F 72 a , PROPERTY LINE- TB 00' WALL FENGE TENTATIVE TRACT NO. 34212 SITE PLAN —170= tITn2.9NAT Veu = 41," .2„ kk.,EK 6141'- HIC1--. ; FENCE 72,.,441008L 1-8 21.35( • 5640 57-. 3640 5.R. i 52' 52' / 15 16 3640 S F. 3640 , 2e . ODEL 3,C1 , • 1 2170 Gir EXI3T, 3 CA3 GARRZGS 0 15' 30' As?""igingsasEi SCALE. 1" = SO'-O" 6/--0r_.1 I Tr 1-101-18"r L-421,4 511P-11:2 coy', (-[*0 i EXIST. PLEST REUSE PLANTING NOTES 1,1- DENOTES LAWN AREA 5' REMAINDER PARCEL 25520 5 0 54 A01335 FAD 43525.62. (( T Li_51xtsT HosE , 3. ALL SHRUB PLANTER AREAS SHALL SE PLANTED WITH GROUND COVER: OAZANIA 'TRAILING YELLOW' FROM FLATS t 12' 0 C OR FRAGARIA C NIUE NSIS FROM FLATS C2112(0C. 3. ALL SHRUB PLANTER AREAS SHALL RECEIVEA 2 THICK LATER OF WOOD MULCH 4. REAR YARD LANDSCAPING BY PRNATE FONEWONER S 50(230 BAEKET5ALL HALF GPM' Or-f-1 T" ri.'114701-44 (rrr) pr;--fr r evr- 1,p. -4161t-g- p[z.c-1-111-5-crEJF7M-- i roF-- (g."-e=,-7 74- ON-StTE PRELIMINARY PLANT LEGEND SYMBOL SYMBOL DESCRIPTION KGELREETGVIA BIPIMRTA (CHINESE FLAME TREE), 24' BOX MAGNOLIA GliANDIFLORA 'SAMUEL SOMMER% 15 GAL GLEPITSIA TRICANTHLIS GRADEMASTET (HONEY LOCUM); 15 GAL LAGERESTROELM INDICA WATERMELON RED' - TREE STD. (CRAPE MYRTLE); 15 GAL CHONANTHUS RETUSUS (CHINESE FRINGE TREE); 15 GAL PRUNUS CERASIFERA 7HUNDEROL01.10' (P2RPLE4.EAF PLUM). 15 GAL . 5 GAL( LEOCOPHYLLUM 'COMPACTA (TEXAS RANGER): EUONYMCS 'AU R 5042AROINATA (GOLDEN EUGN112057 PITTPOSPORLIM VARIEGATA PUTOSPORUM 'CREME DE HINT% LIGUSTRUM TEXANUM (7E54S PRIVET); RHAPHIOLEF IS 'CLARA% MELIA G. 'EDWARD GOUCHERA NANDNA 'GULF STREAK( ESCALLPNIA FRADESII. GREVILLF-4.NOELLIX WESTR INCA ERUT1C05A (COAST ROSEMARY). XYLOS554 CONGESTLIM 'COMPACTA' 1 O.Fw,, ALA, HEM:RIC,CETAELIRAN LSpSPECIES (0AVLILY); UREIRE UUSCARI, SALvIA GREGGII (AUTUMN SAGE): SALVIA LUECANTHA (MEXICAN SAGE), DI ETES BICOLOR ( AGAPANTHUS 'QUEEN ANNE' A0 KIRBY STREET SETBACK PRELIMINARY PLANT LEGEND OSECRIFTILF. REVISIONS DATE 7-0-1.30,0100*003-5/005 Co61.-4. DEVELOPER: ENSENADA ENTERPRISE 2 Lo < 0 la 9 57 8 < NEW 36 HOMES 3 51 a. PROJECT NO: CAD DWG ME: .2R.MIJAN CFIECD BY: DRAWING SCALE:1.30' 81- 1 43- c785 SHEET NTLE: 11=' C:173 SHRUBS d PYRES CALLERVAKIR'REOSPIRE (FLOWERING PENA): 24' BOX. 5 GAL, BERBERS THINSERGIL 'ATROPURPUREA' (R02-1-EAP JAPANESE BARSERRY)0 X 0.0 RAPH(GLEPIS 'CLARA' (WHITE INDIAN HAWTHORN) 57 50( p c. 2 GAL: ROSA WEIDILAND RELY (TRAILING 1.1EIDILAN0ii0SE) 3' 0.0. 1 GAL: M1OPOR0.2 PARVIFOLIUM ER 3' D.C.; PARTHENPCISSUS TRICusP IDATA (ROSTON( NW VINE ON WALLS 57250.0. _ . CONCEPTUAL LANDSCAPE SHEET Honorable Mayor, City Council Members and interested meeting attendees, My name is Lucille Hedges and I am a member of the Estudillo Mansion Committee and‘as such would like to offer my report: Over the last few months the young members of the ROTC have been busy volunteering their time to help enhance our mansion. They are eagerly anticipating the dedication ceremonies that are scheduled for the 16th of May. The ROTC cadets have helped move the furniture from the Mansion in order to facilitate the interior restoration. They have kept busy cleaning the grounds and planting replacement shrubs. The Mansion volunteers have moved back furniture and staged the rooms. They have also planted fruit trees and established a drip system with a timer to water them. Eleven olive trees from the Soboba mansion have been planted, replacing the palms that were originally scheduled for the borders of the Mansion grounds. They symbolize a bond with the sister Soboba Mansion. The Mansion has been a labor of love for the members of the Committee and the Mansion Volunteers as well as the ROTC cadets and our liaison with the city, Redevelopment Operations Manager Steven Pasarow. His help, dedication and guidance have been irreplaceable. Respectfully submitted, Luci le R. " e. ges, Liaisiin The Estudillo Mansion Committee. MEMORANDUM O: The Honorable Mayor and City Council Members FROM: Rick Miller, Deputy City Clerk DATE: May 7, 2009 SUBJECT: Agenda Item 4.1 Clarification Attached is a new map to be included in your packets for Agenda Item 4.1, General Plan Amendment 3-07. The only change on the map is in the number of homes listed on in the title. The map itself has not changed. On the original map that you received with your agenda packets had 37 homes, the new one has 36. Thank you! REVISIONS 5,661, 6' HI&H 0LK WALL FENCE Er .1 54' S.➢ 8'W N a a 5211 2 5,F I OI'L N14"P''I 5415 S.F. MODEL 2-A 24 "I' 5640 S.F. 3640 S.F. 52' 521. 9 10 \ 5640 5.F. ' 5640 5 F. I 36 ,"qF `1?;', '3640 S.F. 5640 S,F. 5'(5'� b' T LT T� `.. 1 y '''4 T T( 3T0 5 F_ 1 1klko S A1Z I it Uhb G: �JD 15GIa1. . 2 1 1-.1- hW GOAfrC'fA .. 5 I6AL Ig G'Fi1Gh.l}r� 5 (—i'iJsUh U+I I {rwl-lal r 120 5'IO 5,. 5• 5110 S.F. 2' 6' HIGH LK 4- 3'110 5,F. PROPERTY LINE 113.00' WALL FENG E TENTATIVE TRACT N0.34212 SITE PLAN TIP Frz--/NT YAK = 1 i_px NEW 36 HOMES 1340 KI RBY, SAN JAC I NTO, CA 92582 APN NO,431-190-035 PROPERTY LINE "113.0G' 50.0' S4P5 S.F. 5544s' 21 .11 —10 '{- 5640 5 F. 5640 SF. 1 R 5640 S.F. 52�--" 52y -_- 5_ 12 131 14 15 5640 S.F. 6LK WALL FENGE /,n4>'sE4-11`o1HN 5.26 ODEL3 `3 5-110 5 F A 3410 SIC.. 3415 S.F. 40' MODEL 2-A PE 26.4 5, 5415 S.F3' b EXIST. 3 CAE GARA5ES 54 a 15' R.0' 60 SCALE. I" = 3G'-0' 442-L.ra�l� 51I ' ! ; (s)P-JL!`•YJC.rn.I:{a. 5�- y 6pL=o3.t r''JON`j l'1Oi 6r'f 16 T:t���f1�P� 21LGnI7-4f+ TF-16/I-I11-ILJS I`21 tar-1=T L c-L5-r 4 51t Loli'1.6'I�W T- 7oL.FRM�IT aiWa21-02ems. (YTP PLANTING NOTES: 3415 S.F. 40( 1. L DENOTES LAWN AREA 216' 50'XSO' EIA5Y5=T5ALL HALF COURT LOT 'Al 5205 5F. (OPEN LAWN SPACE',' 142E REMAINDER PARCEL 25520 5F.= 054 AGES FA0=(1525 5) /_ Tcl 2. ALL SHRUB PLANTER AREAS SHALL BE PLANTED WITH GROUND COVER' GAZANIA'TRAILING YELLOW FROM FLATS 5 12' O C.OR FRAGARIA CHILOENSIS FROM FLATS 3. All SHRUB PLANTER AREAS SHALL RECEIVE A T THICK LAYER OF WOCO MULCH. 4. REAR YARD LANDSCAPING BY PRIVATE HOMEWONER'S. SYMBOL SHRUBS F�I SYMBOL n'r�It1= CST" ' L ON -SITE PRELIMINARY PLANT LEGEND DESCRIPTION KOELRUETERIA BiPNNATA (CHINESE FLAME" TREE', 24` BOX MAGNOLIA GRANOIFLORA'SAMUEL. SOMMER: 15 GAL GLEDITSIA TRICANTHUS 'SHADEMASTER' (HONEY LOCUST); 15 GAL LAGERESTROEMIA INDICA WATERMELON REP. TREE STD. (CRAPE MYRTLE); 15 GAL CH(ONMJTHUS RE USUS (CHINESE FRINGE TREE): 15 GAL PRUNUSCE RASI FERA THUNDERCLOUD' (PURPLE -LEAF PLUM); 15 GAL . DATE saFw1 LoM1F+5craF bG Lr. R ?b, floc 9 GAL LEUCOPHYLLUM 'COMPACTA (TEXAS RANGER); EUONYMOS'AUREO.MARGINATA (GOLDEN E0ONYMOSI'. PITFP05PORUM VARIEGATA; P;TTOCPORUM 'CREME OE MINT; LIGUSTRUM TEXANUM (TEXAS PRIVET): RHAPHIOLEP IS CLARA; ABELIA G. `EDWARC GOUCHER'; NANDINA'GULF STREAM; EECALLONIA FRADESH: GREVILLEA'NOELLI5; WESTRINGIA FRUTICOSA (COAST ROSEMARY); XYLOSMA CONGESTUM'COMPACTA' 1 GAL: HEMEROCALLIS SPECIES (OAYLILY); LIROPE MUSCARI; SALVIA GREGGII (AUTUMN SAGE); SALVIA LUECANTHA (MEXICAN SAGE); DIETES BICOLOR: AGAPANTHUS'OUEEN ANNE. AGAPANTHUS'BEIER PAN' KIRBY STREET SETBACK PRELIMINARY PLANT LEGEND DESLPoP (ION NEW 36 HOMES PROJECT NO', CAD DWG FILE: DRAWN BY: CHECKED BY: DRAWING SCALE: 1"= 5O' n.1_ -.0-Ie-'S SHEET TITLE TREES: SHRUBS 3 VINES' PYRU5 CALLERYANA 'REDSPIRE (FLOWERING PEAR); 24' BOX 5 GAL: BERBERIS THUNBERGI('ATROPURPUREA (RED -LEAF JAPAIJESE BARBERRY) (0 3' 0.C.; RAPH0LEP6'CLARA' (AMITE INOIAN HAWTHORN) ®30" 0 C 2 GAL: ROSA'MEIDILAND RED' (TRAILING MEIDILANO R05E) 30 3 O C 1 GAL: MYOPORUM PARVIFOLNM 55 3' O C: PARTHENOCISSUS TRICUSPIDATA (BOSTON Art) VMS ON WALLS 55 25 0 O. CONCEPTUAL LANDSCAPE SHEET LF 1' MEMORANDUM TO: The Honorable Mayor and City Council Members FROM: Rick Miller, Deputy City Clerk DATE: May 7, 2009 SUBJECT: Item 5.2 of tonight's agenda regarding Ordinance to Regulate Water Conservation and Water Supply Shortages Attached is a revised version of the Ordinance that you received in your council packets. Mike Emberton will be presenting the Staff Report and the corrections were made by the City Attorney. Thank you! STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF SAN JACINTO AMENDING SECTION 13.04.070 OF CHAPTER 13.04 OF THE CITY OF SAN JACINTO MUNICIPAL CODE ESTABLISHING WATER CONSERVATION AND WATER SUPPLY SHORTAGE PROGRAM AND REGULATIONS WHEREAS, water is Riverside County's most precious natural resource; and WHEREAS, a reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the southern California region; and WHEREAS, Southern California is a semi -arid region and is largely dependent upon imported water supplies. A growing population, climate change, environmental concerns, and other factors in other parts of the State and western United States, make the region highly susceptible to water supply reliability issues; and WHEREAS, residents, governments, businesses, and agriculture must work together to ensure the efficient use of water in homes, landscapes, public facilities and businesses; and WHEREAS, Riverside County, water agencies and municipal governments are committed to the development and implementation of water conservation and supply shortage guidelines; and WHEREAS, the City of San Jacinto has developed and adopted water conservation and water supply shortage program and regulations. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 13.04070 of Chapter 13.04 of the San Jacinto Municipal Code is hereby amended in its entirety to read as follows: "13.040.070 A. Findings 1. A reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the southern California region. 2. Southern California is a semi -arid region and is largely dependent upon imported water supplies. A growing population, climate change, environmental concerns, Page 1 of 13 and other factors in other parts of the State and western United States, make the region highly susceptible to water supply reliability issues. 3. Careful water management that includes active water conservation measures not only in times of drought, but at all times, is essential to ensure a reliable minimum supply of water to meet current and future water supply needs. 4. Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof. 5. Article XI, Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. 6. California Water Code section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies. 7. The adoption and enforcement of a water conservation and supply shortage program is necessary to manage the City of San Jacinto's potable water supply in the short and long-term and to avoid or minimize the effects of drought and shortage within the City of San Jacinto. Such program is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare. B. Declaration of Purpose and Intent. 1. The purpose of this chapter is to establish a water conservation and supply shortage program that will reduce water consumption within the City of San Jacinto through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the City of San Jacinto to avoid and minimize the effect and hardship of water shortage to the greatest extent possible. 2. This chapter establishes permanent water conservation standards intended to alter behavior related to water use efficiency at all times and further establishes three levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies. C. Definitions. 1. The following words and phrases whenever used in this chapter have the meaning defined in this section: "Billing unit" means the unit of water used to apply water rates for purposes of calculating water charges for a persons water usage. Page 2 of 13 "Landscape irrigation system" means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system. "Large landscape areas" means a lawn, landscape, or other vegetated area, or combination thereof, equal to more than one (1) acre of irrigable land. "Person" means any natural person or persons, corporation, public or private, governmental agency or institution, including all agencies and departments of City of San Jacinto, or any other user of water provided by the City of San Jacinto. "Potable water" means water which is suitable for drinking. "Recycled water" means the reclamation and reuse of non -potable water for beneficial use as defined in Title 22 of the California Code of Regulations. "Single pass cooling systems" means equipment where water is circulated only once to cool equipment before being disposed. D. Application 1. The provisions of this section apply to any person in the use of any potable water provided by the City of San Jacinto. 2. The provisions of this chapter do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services. 3. The provisions of this chapter do not apply to the use of recycled water. 4. The provisions of this section do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale. 5. This section is intended solely to further the conservation of water. It is not intended to implement any provision of federal, State, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff. Refer to the local jurisdiction or Regional Water Quality Control Board for information on any stormwater ordinances and stormwater management plans. E. Permanent Water Conservation Requirements — Prohibition Against Waste The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water. 1. Limits on Watering Hours: Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m., Pacific Standard Time on any day, except by use of a hand- held bucket or similar container, a hand-held hose equipped with a positive self - Page 3 of 13 closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. 2. Limit on Watering Duration: Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than fifteen (15) minutes of watering per day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low -flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. 3. No Excessive Water Flow or Runoff: Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. 4. No Washing Down Hard or Paved Surfaces: Washing down hard or paved surfaces, walls, roofs, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self -closing water shut-off device, a low -volume, high-pressure cleaning machine equipped to recycle any water used, or a low -volume high-pressure water broom. 5. Obligation to Fix Leaks, Breaks or Malfunctions: Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than 72 hours of receiving notice from the City of San Jacinto, is prohibited. 6. Re -circulating Water Required for Water Fountains and Decorative Water Features: Operating a water fountain or other decorative water feature that does not use re -circulated water is prohibited. 7. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self - closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility. 8. Drinking Water Served Upon Request Only: Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested. Page 4 of 13 9. Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen Services: Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language. 10. No Installation of Single Pass Cooling Systems: Installation of single pass cooling systems is prohibited in buildings requesting new water service. 11. No Installation of Non -re -circulating in Commercial Car Wash and Laundry Systems: Installation of non -re -circulating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems. 12. Restaurants Required to Use Water Conserving Dish Wash Spray Valves: Food preparation establishments, such as restaurants or cafes, are prohibited from using non -water conserving dish wash spray valves. 13. Commercial Car Wash Systems: Effective on January 1, 2010 all commercial conveyor car wash systems must have installed operational re- circulating water systems, or must have secured a waiver of this requirement from the City of San Jacinto. F. Level 1 Water Supply Shortage 1. A Level 1 Water Supply Shortage exists when the City Manager of the City of San Jacinto determines, in his/her sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the City of San Jacinto of a Level 1 Water Supply Shortage condition, the City of San Jacinto will implement the mandatory Level 1 conservation measures identified in this section. 2. Additional Water Conservation Measures: In addition to the prohibited uses of water identified in Section E, the following water conservation requirements apply during a declared Level 1 Water Supply Shortage: a. Limits on Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to three days per week on a schedule established and posted by the City of San Jacinto. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the City of San Jacinto. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand - Page 5 of 13 held bucket or similar container, a hand-held hose equipped with a positive self -closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. b. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy-two (72) hours of notification by the City of San Jacinto unless other arrangements are made with the City of San Jacinto. G. Level 2 Water Supply Shortage 1. A Level 2 Water Supply Shortage exists when the City Manager of the City of San Jacinto determines, in his/her sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the City of San Jacinto of a Level 2 Water Supply Shortage condition, the City of San Jacinto will implement the mandatory Level 2 conservation measures identified in this section. 2. Additional Conservation Measures: In addition to the prohibited uses of water identified in Section E and F the following additional water conservation requirements apply during a declared Level 2 Water Supply Shortage: a. Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two days per week on a schedule established and posted by the City of San Jacinto. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the City of San Jacinto. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand- held bucket or similar container, a hand-held hose equipped with a positive self -closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. b. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within forty-eight (48) hours of notification by the City of San Jacinto unless other arrangements are made with the City of San Jacinto. Page 6 of 13 c. Limits on Filling Ornamental Lakes or Ponds: Filling or re -filling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to declaration of a supply shortage level under this ordinance. d. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self -closing water shut-off nozzle or device, by high pressure/low volume wash systems, or at a commercial car washing facility that utilizes a re -circulating water system to capture or reuse water. e. Limits on Filling Residential Swimming Pools & Spas: Re -filling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited. H. Level 3 Water Supply Shortage — Emergency Condition 1. A Level 3 Water Supply Shortage condition is also referred to as an "Emergency" condition. A Level 3 condition exists when the City Manager of the of City of San Jacinto declares a water shortage emergency and notifies its residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety. Upon the declaration of a Level 3 Water Supply Shortage condition, the City of San Jacinto will implement the mandatory Level 3 conservation measures identified in this section. 2. Additional Conservation Measures: In addition to the prohibited uses of water identified in Section E, F, and G, the following water conservation requirements apply during a declared Level 3 Water Supply Shortage Em ergency: a. No Watering or Irrigating: Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use, unless the City of San Jacinto has determined that recycled water is available and may be applied to the use: (1) Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, hand- held hose equipped with a positive self —closing water shut-off no771e or device; (2) Maintenance of existing landscape necessary for fire protection; Page 7 of 13 (3) Maintenance of existing landscape for soil erosion control; (4) Maintenance of plant materials identified to be rare or essential to the well-being of protected species; (5) Maintenance of landscape within active public parks and playing fields, day care centers, golf course greens, and school grounds, provided that such irrigation does not exceed two (2) days per week. (6) Actively irrigated environmental mitigation projects. b. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within twenty four (24) hours of notification by the City of San Jacinto unless other arrangements are made with the City of San Jacinto. c. No New Potable Water Service: Upon declaration of a Level 3 Water Supply Shortage Emergency condition, no new potable water service will be provided, no new temporary meters or permanent meters will be provided, and no statements of immediate ability to serve or provide potable water service (such as, will -serve letters, certificates, or letters of availability) will be issued, except under the following circumstances: (1) A valid, unexpired building permit has been issued for the project; or (2) The project is necessary to protect the public health, safety, and welfare; or (3) The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the City of San Jacinto. This provision does not preclude the resetting or turn -on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year or less. d. Limits on Building Permits: The City of San Jacinto will limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the City of San Jacinto's adopted conservation offset requirements. Page 8 of 13 e. Discontinue Service: The City of San Jacinto, in its sole discretion, may discontinue service to consumers who willfully violate provisions of this section. f. No New Annexations: Upon the declaration of a Level 3 Water Supply Shortage condition, the City of San Jacinto will suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any increased use of water. Procedures for Determination / Notification of Water Supply Shortage 1. Declaration and Notification of Water Supply Shortage: The existence of Level 1, Level 2 or Level 3 Water Supply Shortage conditions may be declared by resolution of the City of San Jacinto adopted at a regular or special public meeting held in accordance with State law. The mandatory conservation requirements applicable to Level 1, Level 2 or Level 3 conditions will take effect on the tenth day after the date the shortage level is declared. Within five (5) days following the declaration of the shortage level, the City of San Jacinto must publish a copy of the resolution in a newspaper used for publication of official notices. If the City of San Jacinto activates a water allocation process, it must provide notice of the activation by including it in the regular billing statement or by any other mailing to the address to which the City of San Jacinto customarily mails the billing statement for fees or charges for on -going water service. A water allocation will be effective on the fifth day following the date of mailing or at such later date as specified in the notice. 2. Mandatory Percentage Use Reductions: During a Level 3 Water Supply Shortage condition, all customers will be required to reduce water consumption by a percentage determined by the City Manager of the City of San Jacinto. J. Hardship Waiver 1. Undue and Disproportionate Hardship: If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a waiver to the requirements as provided in this section. 2. Written Finding: The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property. Page 9 of 13 a. Application: Application for a waiver must be on a form prescribed by the City of San Jacinto and accompanied by a non-refundable processing fee set by the fee schedule of the City of San Jacinto. b. Supporting Documentation: The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant. c. Required Findings for Waiver: An application for a waiver will be denied unless the City of San Jacinto finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the City of San Jacinto or its Agent, all of the following: (1) That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses; (2) That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally; (3) That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City of San Jacinto to effectuate the purpose of this chapter and will not be detrimental to the public interest; and (4) That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature. 3. Approval Authority: The Finance Director, or appointed designee must act upon any completed application no later than ten (10) days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply too the subject property during the period of the mandatory water supply shortage condition. The decision of the Finance Director, or appointed designee is final. Penalties and Violations 1. Misdemeanor: Any violation of this section may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than thirty (30) days, or by a fine not exceeding one thousand dollars ($1,000), or by both. Page 10 of 13 2. Penalties: Penalties for failure to comply with any provisions of the section are as follows: a. First Violation: The City of San Jacinto will issue a written warning and deliver a copy of this section by mail. b. Second Violation: A second violation within the preceding twelve (12) calendar months is punishable by a fine not to exceed twenty five dollars ($25). c. Third Violation: A third violation within the preceding twelve (12) calendar months is punishable by a fine not to exceed one hundred dollars ($100). d. Fourth and Subsequent Violations: A fourth and any subsequent violation is punishable by a fine not to exceed five hundred dollars ($500). (1) Water Flow Restrictor: In addition to any fines, the City of San Jacinto may install a water flow restrictor device of approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services after written notice of intent to install a flow restrictor for a minimum of forty eight (48) hours. e. Discontinuing Service: In addition to any fines and the installation of a water flow restrictor, the City of San Jacinto may disconnect a customer's water service for willful violations of this section and adequate notice to the customer. 3. Cost of Flow Restrictor and Disconnecting Service: A person or City of San Jacinto that violates this ordinance is responsible for payment of the City of San Jacinto's charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the City of San Jacinto's schedule of charges then in effect. The charge for installing and/or removing any flow restricting device must be paid to the City of San Jacinto before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates. 4. Separate Offenses: Each day that a violation of this ordinance occurs is a separate offense. 5. Notice and Hearing: a. The City of San Jacinto will issue a Notice of Violation by mail or personal delivery at least ten (10) days before taking enforcement action. Such notice must describe the violation and the date by which corrective action must be taken. A customer may appeal the Notice of Violation by filing a written notice of appeal with the City of San Jacinto no later than Page 11 of 13 the close of business on the day before the date scheduled for enforcement action. Any Notice of Violation not timely appealed will be final. Upon receipt of a timely appeal, a hearing on the appeal will be scheduled, and the City of San Jacinto will mail written notice of the hearing date to the customer at least ten (10) days before the date of the hearing. b. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the City of San Jacinto may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water Level condition. L. Severability If any section, subsection, sentence, clause or phrase in this section is for any reason held invalid, the validity of the remainder of the chapter will not be affected. The City Council of the City of San Jacinto hereby declares it would have passed this chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or is declared invalid." Section 2. Effective Date. This ordinance shall take effect and be in full force on the thirtieth day (30th) day from and after its second reading. INTRODUCED at a regular meeting of said City Council on the 7th day of May, 2009, by the following vote: Ayes: Nays: Absent: Abstain: ATTEST: Barry McClellan, City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP Jeffrey S. Ballinger, City Attorney City of San Jacinto By Dale Stubblefield, Mayor Page 12 of 13 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) I, Barry McClellan hereby certify that the attached is a true copy of Ordinance No. introduced by the City Council of the City of San Jacinto, California, at a regular meeting held the day of , 2009. Ordinance was approved, passed and adopted at a regular meeting of the San Jacinto City Council held the day of , 2009. WITNESS my hand and official seal of the City of San Jacinto this day of , 2009. Barry McClellan, City Clerk City of San Jacinto Page 13 of 13 AGENDA REGULAR MEETING of the SAN JACINTO REDEVELOPMENT AGENCY of the CITY OF SAN JACINTO MAY 7, 2009, 7:00 p.m. or shortly thereafter 2045 South San Jacinto Avenue, San Jacinto School District Board Room, San Jacinto, California, 92583 1. ORGANIZATION 1.1 Call to Order 1.2 Roll Call 2. PUBLIC COMMENTS 3. CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by Agency Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the Redevelopment Agency, staff or the public requests a specified item be removed and/or discussed. 3.1 April 16, 2009, RDA Minutes Regular Meeting / Approve / Deputy Agency Secretary 4. PUBLIC HEARING 5. STAFF REPORTS 6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS 7 CLOSED SESSION 8. ADJOURNMENT It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will Redevelopment Agency Agenda May 7, 2009 Page 2 of 2 attempt to accommodate you in every reasonable manner. Please contact City Hall at (951) 537-6358, at least 48-hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. If you challenge any action of the Redevelopment Agency Board in court, you maybe limited to raising only those issues you or someone raised at the public hearing described in this notice, or in written correspondence delivered to the Redevelopment Agency (c/o Redevelopment Secretary) at, or prior to, the public hearing. DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB 343) -- Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the public counter located in the Administration Building of City Hall, 595 S San Jacinto Avenue, San Jacinto, California, 92583. I, Richard /hirer,, (Deputy Secretary of the San Jacinto Redevelopment Agency, do hereby cert fy that I caused to 6e posted the foregoing agenda the 1st day of SYlay, 2009, as required 6y Caw. RichardVlifer, Deputy Agency Secretary MINUTES GEN ' 3. REGULAR MEETING of the SAN JACINTO REDEVELOPMENT AGENCY of the CITY OF SAN JACINTO APRIL 16, 2009, 7:36 p.m. 2045 South San Jacinto Avenue, San Jacinto School District Board Room, San Jacinto, California, 92583 1. ORGANIZATION 1.1 Call to Order Chairman Dale Stubblefield called the regular meeting of the San Jacinto Redevelopment Agency to order at 7:36 p.m. 1.2 Roll Call Present: Jim Ayres, Steve Di Memmo, John Mansperger, Jim Potts, Dale Stubblefield Absent: None 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR 3.1 April 2, 2009 RDA Minutes Regular Meeting / Approve / Agency Secretary M/S/C (Mansperger/Ayres) moved to approve the Consent Calendar as presented. Motion carried 5/0. Ayes: Ayres, DI Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None 4. PUBLIC HEARING 4.1 Resolution No. RDA 09-05/ A resolution of the Redevelopment Agency of the City of San Jacinto Updating the Agency's Local Guidelines for Implementing the California Environmental Quality Act (CEQA) (Pub. Resources Code Section 21000 et seq.) / Approve and Adopt / City Attorney Redevelopment Agency Agenda April 16, 2009 Page 2 of 4 City Attorney Jeff Ballinger commented that this item is very similar to item 4.1 on the RDA Agenda; therefore the Mayor might want to convene that agenda and hear them at the same time. Mayor Stubblefield opened the Redevelopment Agency (RDA) meeting at 7:36 p.m. RDA meeting agenda item 4.1 was heard followed by simultaneous hearing of City Council 4.2 City Attorney Ballinger presented the staff reports for item 4.1 on the RDA Agenda and item 4.2 on the regular agenda. Councilmember Potts had questions on section 5.15, which deals with water and asked for a clarification on the difference between a programmatic CEQA document and a project -level CEQA document. City Attorney Ballinger responded that a programmatic CEQA document is something of a bigger picture, for the General Plan. A project -level CEQA document is something that would be adopted for approval of a Tract Map of approx 50 homes. Mayor Stubblefield opened the public hearing at 7:40 p.m. There was no one present to support or oppose the item. Mayor Stubblefield closed the pubic hearing at 7:41 p.m. M/S/C (Mansperger/Ayres) moved to approve Resolution No. 3253, as presented. Motion Carried 5/0. Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None 5. STAFF REPORTS 5.1 Resolution No. RDA 09-06/ A resolution approving the transfer of title for properties located at 181 E. Main Street and 201 E. Main Street from the City of San Jacinto to the San Jacinto Redevelopment Agency/ Approve and Adopt and Authorize the executive director of the Agency to execute and deliver on behalf of the Agency and documents and instruments as may be necessary or convenient in the furtherance of the actions authorize by the resolution / Assistant City Manager Assistant City Manager Hults presented the staff report. There is a companion piece on the Redevelopment Agency Agenda, Item 5.1. Redevelopment Agency Agenda April 16, 2009 Page 3 of 4 Mayor Stubblefield opened item 5.1 of the Redevelopment Agency Agenda Assistant City Manager Hults commented that at the last council meeting the council authorized the demolition of the buildings at 181 and 201 E. Main Street. Both those buildings are currently owned by the City. As a result of that if the city were to move forward it would be a general fund expense. At this time he is requesting that the council approve the transfer of title to the San Jacinto Redevelopment Agency. This will enable the agency to fund the demolition and upon sale of the two properties the City will be made whole on the acquisition. M/S/C (Ayres/Mansperger) to approve Resolution No. Also approving Redevelopment Agency item 5.1. Motion carried 5/0. Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None 5.2 Agency owned property located on La Entrada and San Jacinto Avenue / Request by developer (Osborne Development) to install sinage and said property and pay for 50% of costs / Approve and/or direct staff / Economic Development Manager Economic Development Manager Sharon Merritt presented the staff report and presentation. The approximate cost to build the sign would be $20,000 Councilmember Ayres recommended that we fix the priority for the sign on San Jacinto Ave. but look at additional signage on Esplanade as well. Mayor Stubblefield added that small directional signs within to show the urgent care be included. M/S/C (Stubblefield/Mansperger) Directed staff to return to council with suggestions on a preliminary design, directional signs and possible funding options at the regular council meeting of May 21, 2009. Motion carried 5/0. Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None Redevelopment Agency Agenda April 16, 2009 Page 4 of 4 6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS None 7. CLOSED SESSION None 8. ADJOURNMENT With no further business before the Redevelopment Agency, Chairman Stubblefield adjourned the meeting at 9:24 p.m. and reconvenes the regular council meeting at the same time. City of San Jacinto Redevelopment Agency By Dale Stubblefield, Chairman ATTEST: Richard J. Miller, Deputy Agency Secretary Approved as read Approved as amended GE MINUTES REGULAR MEETING of the SAN JACINTO REDEVELOPMENT AGENCY of the CITY OF SAN JACINTO MAY 7, 2009, 9:07 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California, 92583 1. ORGANIZATION 1.1 CaII to Order Mayor Stubblefield called the regular meeting of the San Jacinto Redevelopment Agency to order at 9:07 p.m. 1.2 Roll CaII Present: Steve Di Memmo, John Mansperger, Jim Potts, Dale Stubblefield Absent: Ayres 2. PUBLIC COMMENTS 3. CONSENT CALENDAR 3.1 April 16, 2009, RDA Minutes Regular Meeting / Approve / Deputy Agency Secretary M/S/C (Potts/Di Memmo) to approve item 3.1 as presented. Motion carried 4/0. Ayes: Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: Ayres Abstain: None 4. PUBLIC HEARING None 5. STAFF REPORTS 6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS Redevelopment Agency Minutes May 7, 2009 Page 2of2 7. CLOSED SESSION 8. ADJOURNMENT With no further business before the Board of Directors, Mayor Stubblefield adjourned the regular meeting at 9:08:30 p.m. Attest: Barry McClellan, Agency Secretary City of San Jacinto Redevelopment Agency By Dale Stubblefield, Mayor Approved as read Approved as amended REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM#a , SUBJECT: DATE: 5 IN FAVOR: Aa NEUTRAL: Name: Representing: Address: \NI IN OPPOSITION: 0 City: Telephone No: Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK. CITY COUNCIL AGENDA ITEM#: 77/- SUBJECT: DATE: IN FAVOR: DI NEUTRAL: CI IN OPPOSITION: CI Name: 3) Representing: (2 Address: City: Telephone No: Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. CITY COUNCIL AGENDA ITEM# 0 SUBJECT: DATE: 6- IN FAVOR: UI Name: L1 I eaCie Representing: Address: `-'f / ( P1ie1/7 Ulf 1)1, NEUTRAL: \C) IN OPPOSITION: REQUEST TO SPEAK City: tk a C(A,c- Telephone No: 5-1,) e-e27 Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM#a0 SUBJECT: *Th DATE: S.- - IN FAVOR: NEUTRAL: IN OPPOSITION: Name: Telephone No: Representing: Address: City: 9-7 - Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM#: (9- 0 SUBJECT: S(•:-\() Cc-‹ DATE: 11 o IN FAVOR: 0 NEUTRAL: 0 IN OPPOSITION: 0 C'\Cnc,- \(\ Ay1Q__ Representing: A(-\U - 00, C-r(YA 41/4%) Address: 0 e lOX UA City: Telephone No: c.N( to S4 (-039 Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. Name: REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM#: (9,0 SUBJECT: DATE: 0q IN FAVOR: 0 NEUTRAL: D IN OPPOSITION: 0 Name: PI Representing: ‘C e_tka - Address: City: Telephone No: Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING.