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Agenda - Agenda Packets - Regular Meeting 4/1/1999
AGENDA REGULAR MEETING SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY AND THE SAN JACINTO FINANCING AUTHORITY DATE: April 1, 1999 TIME: 6:00 p.m. PLACE: COMMUNITY CENTER 625 SOUTH PICO SAN JACINTO, CALIFORNIA 1.0 CALL TO ORDER Roll Call Invocation by Elder Betty Ryan Pledge of Allegiance City Attorney Report on Closed Session 2.0 SPECIAL PRESENTATIONS 3.0 PUBLIC COMMENTS Any person may address the Council on any subject pertaining to City business not listed on the agenda during this portion of the meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Council. Convene the Redevelopment Agency for the following business: 4.0 REDEVELOPMENT AGENCY DISCUSSION ITEM: 4.1 Reciprocal Access Agreement (Pacific/Constanzo - Rite Aid) RECOMMENDATION: Approve the agreement in substantial form and content. 1 5.0 CONSENT CALENDAR- CITY COUNCIL All matters listed under Consent Calendar (5.1 through 5.9) are considered routine and will be enacted by one motion by the City Council 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 specified items to be removed and/or discussed. Anyone wishing to discuss a Consent Calendar item should come forward upon invitation of the Mayor and state their name, address and the Consent Calendar item number. Speakers should limit comments to three (3) minutes. 5.1 PERS Fourth Level of 1959 Survivor Benefits RECOMMENDATION: Adopt Ordinance No. 1072. ORDINANCE NO. 1072 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN JACINTO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 5.2 Esplanade Traffic between Hewitt and Old Mountain RECOMMENDATION: Receive and file. 5.3 Claim - Siegfried, Vaden - File #JS 99-13 RECOMMENDATION: Reject claim as recommended by the Claims Administrator pursuant to Government Code Section 913. 5.4 Claim - Stanis, Wayne - File # JS 99-14 RECOMMENDATION: Reject claim as recommended by the Claims Administrator pursuant to Government Code Section 913. 5.5 Claim - Grayson, Ernest - File#JS 99-15 RECOMMENDATION: Reject claim as recommended by the Claims Administrator pursuant to Government Code Section 913. 5.6 Final Parcel Map 29167 - Munson Family Limited Partnership RECOMMENDATION: Approve Final Parcel Map 29167 and authorize the Mayor to execute the Final Map for recordation. 2 5.7 Tentative Tract Map 27402 - Third and Final Extension of Time - James R. Ciernia RECOMMENDATION: Grant last and final extension of time until March 17, 2000 5.8 Warrant Register RECOMMENDATION: Approve the warrants that will be provided under separate cover. 5.9 Declaration of Surplus Property RECOMMENDATION: Adopt Resolution No. 99-_ declaring certain property as surplus and authorizing the disposal of said property. RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DECLARING CERTAIN PROPERTY SURPLUS AND AUTHORIZING DISPOSAL OF SAID PROPERTY 6.0 PUBLIC HEARINGS 7.0 CITY DEPARTMENTS 7.1 Surplus all Bath#6 and Mistletoe Well Pumping Equipment RECOMMENDATION: Approve the surplus of all the appurtenances which allow both the Mistletoe Well and Bath Well #6 to produce water. 8.0 MAYOR/COUNCILMEMBER REPORT/DISCUSSIONS 9.0 CLOSED SESSION Any unfinished business from the 5:00 p.m. meeting. 10.0 ADJOURNMENT I, Debra C. Caskey, Administrative Assistant of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 29th day of March, 1999, as required by law. 3 AGENDA ITEM NO: 5.2 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Barry Backlund, Commander via L. Michael Hanavan, City Manger/Chief of Police DATE: April 1, 1999 SUBJECT: Esplanade Traffic between Hewitt and Old Mountain RECOMMENDATION: Receive and file. BACKGROUND: Some residents residing in the Rancho San Jacinto had contacted City Council members individually and collectively expressing concern for traffic on Esplanade between Hewitt and Old Mountain. Their concerns were excessive speed and noise from the traffic. I met with Mr. Mike Caldwell and his wife, as representatives of the residents, to discuss the problem. At our meeting he provided the results of his survey, including time of day, day of week, number of vehicles, and speeds of the vehicles. They also made some suggestions to help resolve the problem. Mr. Caldwell said the traffic flow on Esplanade had increased in volume during the last year and the noise from the traffic made it impossible to use the back yards of the homes that back up to Esplanade. The Police Department had provided Mr. Caldwell with a radar unit to conduct his own speed survey. The speed survey conducted by Mr. Caldwell was conducted over a three day period in November 1998. The total time surveyed was just under four hours and the hours of the day varied from early morning to evening rush hour. His survey showed the average speed was 44 MPH with the lowest speed recorded of 20 MPH and the highest of 66 MPH. The posted speed limit is 40 miles per hour on the four lane divided roadway. A speed survey was conducted in November 1997 as part of a study for the pedestrian crossing at the intersection of Esplanade and Commonwealth. The survey found the speeds ranged from 20 MPH to 49 MPH with the average speed of 37.2 MPH. The survey indicated the posted speed limit was 35 MPH at the time of the survey. A traffic count was conducted in November 1997 as part of the same study. The traffic count was for a 24 hour period on November 12, 1997. I compared the hours of the day surveyed by Mr. Caldwell with the same hours during the 1997 survey. The 1997 survey counted 630 vehicles during the same time frame Mr. Caldwell counted 846 vehicles, or an increase of 34% in one year. San Jacinto Police Department statistics show two traffic accident reports, occurring within the area of concern, were filed in 1998. Only one of accidents was speed related. 25 traffic citations were written for various violations and an additional 24 warnings were given within the area of concern during 1998. Mr. Caldwell offered five suggestions for consideration in resolving the problem. They were lower the current speed limit of 40 MPH to 30-35MPH, add signs to the speed limit signs stating "Radar Enforced" or "Strictly Enforced," make Esplanade and Villines a four- way stop intersection, resolve the pedestrian crossing situation at Esplanade and Commonwealth, and make the wall between the property owners and Esplanade higher or plant sound-deadening vegetation. I discussed the suggestions with the City Engineer and Planning staff. They concurred that Esplanade was planned as a major east-west transportation corridor for the City and the street was well designed. Erecting additional stop signs defeats the purpose of the street. The speed limit had actually been raised due to the low accident rate. They also agreed that making Esplanade and Villines a four-way stop would add to the problem due to braking and acceleration noise. The 1997 study for the pedestrian crossing had made some recommendations for removing some trees and installing overhead flashing warning lights but stated the intersection did not warrant additional stop signs or signal lights. They did not feel the conditions had changed significantly to alter that finding. The additional warning signs along with the current speed limit signs may or may not have an effect. A higher fence would require a variance of the City ordinance and would be a considerable cost to alter or replace. Sound deadening shrubs would add to the cost of maintenance and upkeep. The Police Department has taken enforcement action in the area as often as possible and will continue to do so in the future. FISCAL ANALYSIS: There would be a minimal cost to posting additional warning signs. Any other options would be considerably more costly. TRAFFIC TOTALS-ESPLANADE BETWEEN HEWITT& OLD MOUNTAIN TOTAL VEH 846 E/B VEH 453 W/B VEH 393 AVG SPEED 44.1 MEDIAN SPEED E/B 44 MEDIAN SPEED W/B 44 ESPLANADE AVE. TRAFFIC DATA DATE //-'/-'i S OBSERVER/27,eAeicw_ TIME :,ae TO 6 yS , far truck speed car truck speed car truck speed car truck speed v w 6/5 i/Lv y • v) 3' ✓f y/ • ✓ 3/ v'& y4P . 4/6 At-) `f G . /vv.► 30 v t-r- y.' , .✓ e 35 y/ • ✓e' l0 -`fie qL ✓w , `/G 'j ' ;5, o ell 8 i - v� 1 3k Lr 3 4.i r tAl Ul 1 1/c,..r wr' 4f 7 r. e z.,// `- L.f 4/4; ✓w y/ ✓ ve , ! • - L/e. 3 ✓ r k4014 E ✓e_ qz v" ,eg Ir 1 -.VIA' '/9 1 ✓LN Y0- 4ew ;:F} ,i/P0 404i4 ova 4 4/5 i - - v� R '1,2 . ✓- ys'Ci„J) // ( .) / , ESPLANADE AVE. TRAFFIC DATA DATE I(-y-qg OBSERVER(2/ea/c/ e.1/ TIME Z " 54,940 3: 5-4 P� car truck speed car truck speed car truck speed car truck speed e_ c , e ,Ib (A)-- e-ra w W^ e Ftith2 Tab Y s e y2 .: c 3cb kr �3 3Lt w .z1Z a- yS uJ ye & 39 a) `'' ur YS vr y$ cAr 39' , 3'f:5 c 1 u.-- Y$ . 1Av �b 3$ 6 • Kgo utl' NGv Y6 e y6 'Pi? e YG e 4'b4' e 31' qt. e tit -) y#- & 3� C 315 e- 90 w u z Ur 64- e , 4 (,r 4Z w yy e Z e 16 - e 44-8 38 &r yir E `t$ d '/6 e 35' ur 'yZ vc Aig e 3g e 6 t w- YS US �q e. 36, 31 yr 96 e- 31 !Ar- y4- w 3(# e 4b -e. 31 39 4/1/- e- 0$ e 'fit '4 e 39 w- 3' I}b 6 6 9011 e 44' 1 w Vir 4 6 #k 31 Ur 4 lAr 3.5t e 3i5 -r47 • ur 35 c s 3s G 6 ' Nb 06 f e 3(e 6 Nr-j 4,4-# tlf 0 w , Ng d K?js e. e '16 e 3. e 31 8 3q e- ,16 e o4 ' e 474 e . 32 31 c 38 e 35 e <0 e 3q e 3 b r)' O'av v' 3g of 3(/ e 9 ur y 3 tiL ESPLANADE AVE. TRAFFIC DATA DATE//- /-9 f' OBSERVER/lieA-t-Dw t� TIME 2 Gp,TO 3') P^r7 car truck speed car truck speed car truck speed car truck speed w 1/ t yg �50' e y7 w yZ .e 'Jo e 4/5 . e ys-r v.' y/ C- 111669. ; 0 e yJ e_ 39 �nJ y7. .E `f... e- 3 S e Yv ,r ,o' . e. < ti.r it? e Uo w" • v.T 3(o e- yD i, w- 3 3 e 3 7 (-.r y "- 5.: 1 w-, .3`) v.).- S S ' (Ai- ` .-1 e- 4`/ e_ 3 Gi r/cr- ''5;&1 ,,- y (.„.,- 35- 4/3 . . ccs' di r,� 4/'I/ bvr 1/ir e- 474 9 q[,: w- 38 e 93 e- e-f (o w- 3 7 ,or 9 D e__ tifsr3r4 T `71 8 ii.r L y " w— 3 3 ►N -rE-°' W S' 'V M I t . -vv , Go--- , Sz:_ $ e- -7' /# e- 33 car ;i& 4/5-+( w-- 4/7 e `1 e 3 6, --.r-- 4/d 17‘r ,5-cz/ c 3,, e_ 3 Z e .9 o . c.,-- 53• �-- S. 0 V\1� `l y e. q / 0 e_ Gf 7f' (4)-J '' -'6> L0 el Go (A)--- 4 L/ w 1 5 $r r e_ firit&el ziq '/n 0 e "4 7s ° 1/y ur g'7' e_ 47/a c• 9 8 x v`r' 3? ' / tee # l� "V0 I z c-, l C� / L&r-- 3 S (AT" -17 J 8 a w— 4 ur 3(v 3 �l lam,— V/ e 3 e qo # �� 'e. Wiz' 98 . e Riot e 3 <0 e 4/ ?I ukr v•e ilzt w- '/q w�' zi..z. c,r- if e '/2 f,"Y 57/L6 el Liz 0 -+- 1 i 0 so --- � o � ESPLANADE AVE. TRAFFIC DATA DATE // -5-q $ OBSERVER pic'4, u- TIME/Z w TO /2/z/ /Z'Zly to / ;30 car truck speed car truck speed car truck speed car truck speed 3e e e_ YD Or- Y y/ e 30 e If e 3`r 4ef- v� a 39 c 50 c e 9/ car- 9 tiv e_ 0 c yo 9-3- Lkr 3 <- 39 Q s8 g, e Vir c yz 1747 e `gii e G y3 w 3S L„r ali(git e 40 ' 39 0 vs 446 & 36 (IS- e 5r$ ,,r ` ` e c. yS e vs- , Yi _ 4$ L-4J 4 v s YY ter' 0 �r c d `/� 413 r,� 5' e 41 5'8 ) 39 LAX 92- . e" 54- w- , yo e `/� 4.'3e 3e e, 36j r r 3 S ks AVS NS, e 3? 47,7 e 13f fAx- y6 , 3 C, .. t '/ c IQ 40 e S/ [,� 4 y Z. w D e � i e 98 ''" "/ w 63 ` y(v G e74 9 iAr e 5 07- G/ 33 e 3' z-b • 1e 1;.r 39 e 5a e , diS , ,� "' e 39 � �, ` / j/,,:,.4/44 !,/ //, e y 3 e :S� e. 4/9 53 , ( f ys (AJ • � . e_ 23I Flo e y.3 (Ar- _ v y/ c t & 50 e: y7 ur. . ye/ 6 3 r).-J" a 1/7 c v- 6 D p e 1"11 w �b e v 6 e e(? e y4, e y8 (v- P vz & 944- e cfq ter v 47 e vF Kr- ztlik �.r- SS ` sae yy r zv w- 4T e 5-9 e yo 37 ESPLANADE AVE. TRAFFIC DATA DATE i1-5 'A OBSERVER iii e4 - TIME/Z;Z/, TO / '30, 1 car truck speed car truck speed car truck speed car truck speed co V£S vs" 93 c r 02 9 5 9Y c,� 4/ 93 c 3& vA yy tit- , y`f (Ay- 3S l v- 3o W `,v rnr 37 e y(o e 4f0 ,,r t,4 yy h`O 50 e 5-3 e y W- �6 e 50 '8 t,.� S/ CO 3 5 / e 9 3 e y`� e 30 S y (nr y i e SS k - 47 4. 0,, 95 w- S 7 ''el ' 4✓4/ kr- ; y 5 "r `f 3 c. ci 7 N. ' yil e �y e 33 (.,J- 47'3 e i • e y� vo e 5 z e 97 e. Y/ U� �U e 9 ? ' 410 (Ar yZ e 93 w- v 40 , Yo _ w" 4/ w v (,.r ,v vo e 37 � w yG e_ Y? e 37 Ls u7 416. e 4,3 e. 37 ✓18 e 5/ # Sz. (,..r 3 S e tiS & 518 e ZI8 t.r sy, a G y 2 1,,1- 5 V G(/ $ 37 w- 4 zit,/ w- 9 U)- 99 38 Q 3S" Ur s/ e 7'6;. e 5`2 w - •, N/ . X e , 5/ 37 e ;✓S 1,\J v , yZ cikr y0 w- f 41- .� 3? w ° yZ t v- 9Z co ' I j e- 33 MI • . • 4 Z Cr- 5// w 0 137 . <,l, G e/r e A7`z E a yZ e ` 5Z w , 4G e 47 !gyp e z./G ! J- 97 C 4/7 e /! („�- : 47/8 e v,? w • 0 qz t•J- y/ ter- 4/7 e 9 a w ! yz tom- yZ (-/3 is 4 4710 Gv 35 tv- v 9 e 66 e 3 C w . . .�,3 w- 3 ' e 53 e y.� 5�z • / I/J ✓ y 1 - • v\.) 3--t- Li. D • = v.1 -I-- -e) ESPLANADE AVE. TRAFFIC DATA DATE /7- -qY OBSERVER/V.C4/c/ e'i TIME/: Zo„-.1TO z=Zz- P^-? . car truck speed car truck speed car truck speed car truck speed e 3Z e y0 C.. 5 co yZ e q-Z- e go t, 93 e N to e 90 w iiillati i go C 27, g G �q / (,.r y0 e yCP So w e 1-/s 5 / °' 3 9 Y y� e LI o 1,0- 35--- LAI- ' �7 2 53 e 3$ 3s e y7_ e y 0 e 3 e. 3"1 e d� 61$ (:� US w y 3 �7 tAr 477 e eic � z Z e 4'3 rAI-- 36 e 3 y w S/ '' C, ' y3 zq w- 37 G.r zit) SO y- ti8 w- 0 �e/ kr' r Z74$ 4719 e- 5 3 4,69 0 3y e vo e ss JAY e'l 4/5r,k)- sy_' e yo `=7 y 3 c� 3(p e 55 to— yZ /nr 3, e 5/ C vZ or 43 vt 3", y(p 413 e y� w' f 3 �- '' yo & /9 C- YS e yD e- sd 1..0- 1 szF e 415 Ur- `/y e 3g e 5/ 3- 3 f < 1f/ 35 U. - .< 4/o 9$ - 6-r2 R y 3 ar e c4� e- '/0 e L/9 ur 4,- yz t v- 37 c 4/2 e So, t yo w- 12/3 e 40 c 3r, 6/2 so w- ' e/3 e 3 e y8 i-cr 3 a w- SSA° W- ' 4c2 e y/ (Ar > yo c,� 33 e I5 o w " If 42 bi- . 50er e y / w $ cam" 3�f tu- , ' ` 6) tA, 3& 6. , 53 e Sz ESPLANADE AVE. TRAFFIC DATA DATE //-6 - OBSERVER r7�nf TIME `/= PLO 5'/7p ri car truck speed car truck speed car truck speed car truck speed e_ - 'o e �/7 ' y 5- y e 17 G 4/7 yS e yo e y* wr yz w <-) e y/ c yy e y 3 w" . .-y e y 4/ e , YS e 4/? ter / e yS 4/ e yz 7(3 e 4/0 w' • `17 to- y N3 e 39 e vo Sy e, So yy `/g i4). ya cAr 3� r c,' W.. 4/0 e '1 e 3 8 e SO e 6/3 e bv- 3/ c • 50 e yZ E 95 r cr 3 8' Sv e ys 2 y3 e 4/7 e 37 2}o -Q so e U8 z (,� 5 7 e v6 v� - 1-7t/ e 39 e So e ys 'v- 1/3 e, , Y/ e 50 e ys to- `/ce e- (o/ w' 1/7 9 7 �`$ e yz- e 5'3 IA:r' 53 e ys e- yg t. • y? e_ 59 e ys w yg u- 116 e 5i ►,r q S // . Go- i 56'' c 5 Z . 14) ' 37 e 4/5- w 4'5- 6,3 X- 4717 e �y w yz. e- 14/8 e ' v3 C y3 w ya ay_ e y Lv- I 9° w" 5/5- co- s z e y-7 2 yS L/S e 4743 38 e , 41/ Gv- 3 e (5 1./3 e .3q e y� v/ 1/Co z ( ys /4v- `7'a Itia.t' So e e z/s G� 1-(3 e IA). C/6, c y s W-- 3 e 's- AGENDA ITEM NO: 5.6 STAFF REPORT TO: Honorable Mayor and City Council Members da FROM: Tim Hults, Planning Director via L. Michael Hanavan, City Manager DATE: April 1, 1999 SUBJECT: FINAL PARCEL MAP 29167 APPLICANT: Munson Family Limited Partnership LOCATION: East side of State Street, North of Ramona Boulevard RECOMMENDATION Approve Final Parcel Map 29167 and authorize the Mayor to execute the Final Map for recordation. BACKGROUND Parcel Map 29167 is a two-lot commercial subdivision of consisting of 5.62 acres. The proposed sizes of the two parcels are, 1 acre and 4.62 acres, respectively. This subdivision was tentatively approved by the Planning Commission on March 10, 1999. Parcel Map 29167 replaces Parcel Map 27877, which expired on November 10, 1998. Parcel one of Parcel Map 27877, was recorded in March of 1994, and is currently developed with the McDonald's restaurant. The remaining lots of Parcel Map 27877 were eliminated when the map expired in 1998. Staff and the City's Consulting Engineer have reviewed the final map and found it to be in conformance with the Subdivision Map Act, the City Subdivision Ordinance, and the City Zoning Ordinance. The off-site improvements are substantially complete and no additional security is necessary. An affidavit agreeing to annex to the Community Facilities District No. 3 has been received from the applicant on a form reviewed by the City Attorney. The entire subdivision will be annexed to Community Facilities District No. 3 for Police and Fire Protection. The application fee for annexing to the CFD # 3 has been paid. Additionally, all applicable fees that are payable prior to recordation have been paid. As part of the Conditions of Approval for Tentative Parcel Map 29167, the applicant was to pay flood control fees in effect at time of map recordation. Pursuant to Ordinance No. 1052, this fee is deferred until time of building permit issuance. Therefore, no flood control fees are being collected at this time. Developer will be liable for paying those fees at time of building permit issuance. Attachments: Final Map 29167 Planning Commission Staff Report dated March 10, 1999 • • STAFF REPORT TO: Members of the Planning Commission FROM: Tim Hults, Planning Director DATE: March 10, 1999 SUBJECT: Tentative Parcel Map 29167 APPLICANT: Munson Family Limited Partnership 923 E. Executive Park Drive, Suite A Salt Lake City, UT 84117 DESCRIPTION A proposal for a 2-lot commercial subdivision of 5.62 acres. The site located on the east side of State Street, north of Ramona Blvd. EXHIBIT "A" EXISTING ZONING EXHIBIT "B" EXISTING SURROUNDING USES II • EXHIBIT "C" EXISTING CIRCULATION ELEMENT EXHIBIT "D" EXISTING GENERAL PLAN EXHIBIT "E" BASE MAP ENVIRONMENTAL ANALYSIS The subject project is considered a Class 15 Categorical Exemption pursuant to Section 15315 of the Guidelines to the California Environmental Quality Act. Local and Regional Drainage The subject site is not within a designated "A" flood zone according to the Federal Insurance Rate Map (FIRM) for the City of San Jacinto. However, the entire property is located in Zone "X" (unshaded), which is an area determined to be outside the 500-year flood plain. • PLANNING COMMISSION MARCH 10, 1999 PAGE NO. 1 • • Local drainage will convey storm water runoff to a regional system through use of local streets, ditches, open channels, and storm drains which are not part of the regional master plan. Customarily, the entire cost of local drainage improvements is borne by the developer. On the other hand, regional drainage is the cumulative impact of local storm runoff. Therefore, all local runoff must be conveyed in a manner consistent with the Regional Master Drainage Plan for the San Jacinto Area. This project will contribute site generated nuisance water to the regional system. The impact on regional drainage will be mitigated through payment of storm drain fees prior to issuance of a building permit (currently $5990 per acre). Circulation The development of the site has the potential to cause an increase in traffic impacting both local roadways and regional transportation facilities. According to a trip generation report prepared by the Institute of Transportation Engineers, a neighborhood retail center generates approximately 1000 vehicle trips per day per acre. Based upon the 5.62 acres, the center has the potential to generate about 5620 trips per day. This additional traffic will eventually create a need for more signal controlled intersections, especially at those intersections in closest proximity to the proposed development. • Currently, the traffic signal mitigation fee is $2700 per acre. These fees will be exacted from the project proponent prior to issuance of a building permit. Future traffic signals will be installed at local and downtown intersections when warranted by increases in traffic volume. Additionally, all new development impacts regional transportation corridors, and an equitable cost sharing system has been established. The two regional corridors which traverse San Jacinto include the Ramona Expressway and Sanderson Avenue, as both roadways serve destinations outside the San Jacinto Valley area. Presently, neither roadway is constructed to the ultimate Right of Way and existing pavement sections are in need of repair. Traditional funding for road maintenance and new construction is derived from the same sources (State and Federal revenue sharing and property taxes). Presently, these sources are inadequate for the current level of road maintenance required. The funding needed for regional roadway construction is estimated in excess of $5 million over the next 10 years. However, outside revenue sources will provide substantially less than that needed during the same period. Therefore, at the issuance of building permits the developer will be assessed both the regional ($820/acre) and the local ($500/acre) road improvements and maintenance fee for the entire project area. • PLANNING COMMISSION MARCH 10, 1999 PAGE NO. 2 • Public Safety The proposed development will place additional demands on existing public safety facilities and staffing levels. The most appropriate measures of adequate public safety services include: (1) maintaining at least one sworn police personnel per 1 ,000 persons; (2) responding to all emergency fire calls within five minutes or less. Traditional funding sources for public safety services have been property and sales taxes. However, the revenue demands of the police and fire departments' operating and capital budgets exceed these revenue sources. Further, the additional vehicle trips generated by the restaurant increase the potential for automobile accidents or other emergency situations in the vicinity of the site further impacting public safety services. Therefore, it is recommended that the development join the City Public Safety Community Facilities District to offset the additional demand on public safety services and pay any fees in effect at the time of development. DISCUSSION The subject site is located within General Plan Planning Area 6, and is designated 11111 Community Commercial. The focus of Planning Area 6 is to provide for increased business activity through in-fill development. The policies of the Community Commercial designation include providing a broad range of retail and service commercial activities to serve local residents. Future development on the site would include a mixture of retail and/or restaurant users. These uses adequately implement the policies indicated above, by providing a service oriented environment and expanding local employment opportunities. The zoning of the subject site is C-2, General Commercial. The surrounding land use is composed of an existing McDonald's restaurant, a retail development to the west (across State Street) and the San Jacinto High School to the east. To the south of the site (across Ramona Blvd.) is an existing neighborhood market. The Tentative Parcel Map is proposed for to allow the developer to offer Parcel 1 for purchase by a future user. Except for the existing McDonald's restaurant, no other development has been proposed or is pending for the site. The parcel sizes are 1 acre and 4.62 acres, respectively. • PLANNING COMMISSION MARCH 10, 1999 PAGE NO. 3 . As proposed, Parcel 1 would accommodate a stand alone user on an individual building pad, probably a self-serve gas station or restaurant. Parcel 2 would accommodate an in- line retail building, housing a number of future tenants. To ensure that each user has the right of access and parking, reciprocal agreements will be required. Access to the site will be provided from the existing driveways on both State Street and Ramona Boulevard, both of which are State Highway 79. The map will be conditioned to ensure that the architecture for the development is consistent with the existing development to the southwest. The architectural materials will also be required to be consistent. The colors for the development shall be those approved for the Ramona Neighborhood, which are red, salmon and brown. RECOMMENDATION Staff recommends the Planning Commission adopt Resolution 99- approving Tentative Parcel Map 29167 subject to Findings of Fact and Conditions of Approval. • • PLANNING COMMISSION MARCH 10, 1999 PAGE NO. 4 • FINDINGS OF FACT TPM 29167 1. The site is not located within a known seismic zone. 2. The site is located within an "X" Flood Zone (Unshaded). To mitigate the impacts on the regional drainage system, the property will be assessed the regional drainage fee prior to issuance of building permits. 3. The existing General Plan designation is Community Commercial. The existing zoning is C-2, General Commercial. The proposed subdivision is consistent with the General Plan and the C-2 zone. 4. Access to the site will be provided by State Street and will be also provided by Ramona Boulevard. 5. The proposed subdivision will not create additional demand for parks and recreational facilities, or impact existing facilities. 6. The proposed subdivision will create a demand on public safety services, Therefore, the property will be required to annex into the Public Safety Community Facilities District to off set the additional demand. • 7. The future development of the site will add to the dilapidation of existing roads and streets. Therefore, the site will be conditioned to pay fees to help assist in the maintenance and rehabilitation of City streets. 8. The future development of the site will be provided domestic water and sanitary sewer service by the City from extensions of existing lines. 9. The proposed subdivision will not be detrimental to surrounding properties or to the public health, safety and welfare of the community and City as a whole. 10. The proposed subdivision is in compliance with the standards of the C-2 zone and will be developed in accordance with the provisions of Ordinance 340. CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed subject to the satisfaction of the City Engineer, Planning Director, the Chief of Police, or the Fire Chief, or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. • PLANNING COMMISSION MARCH 10, 1999 PAGE NO. 5 • PLANNING DEPARTMENT 1. Prior to the issuance of a building permit, the developer pay the storm drain fee in effect at time of building permits. (currently $5,990/acre) 2. Prior to issuance of a building permit, the developer shall pay the currently effective traffic signal mitigation fees (currently $2,700.00 per acre). 3. Prior to issuance of a building permit, the developer shall pay all school fees mandated by Government Code 65995-65997 to finance school facilities. 4. Prior to the issuance of a preliminary (rough) grading permit, the developer shall submit a soils report to the Planning Department. 5. Prior to the issuance of a building permit, the developer shall annex into a Community Facilities District for public safety mitigation. 6. The developer shall pay the regional and local roadway mitigation fee in effect at that time (currently $500.00/acre for local and $820.00/acre for regional). 7. Prior to approval of a building permit, the developer shall submit landscape and automatic watering system plans for the proposed restaurant. All landscaping improvements shall be installed prior to issuance of a Certificate of Use and Occupancy. A 3' berm or landscape screen shall be provided be parking areas which face thoroughfares to block lights from oncoming traffic. 8. Trash enclosure shall be designed and provided per City of San Jacinto standards. 9. All applicable development fees effective at the time of issuance of the building permits shall be paid. 10. All new and existing utilities shall be located underground as per Ordinance #820. 11 . Prior to the issuance of a Certificate of Occupancy, all utility substructures shall be located and/or screened with landscaping materials so as to minimize visibility from public rights of way. 12. Prior to issuance of a building permit, the developer shall submit final grading, parking, paving, and landscaping plans for approval. 13. Prior to issuance of a building permit, the developer consult with the San Jacinto Post Office regarding the type and placement of the mail box. • PLANNING COMMISSION MARCH 10, 1999 PAGE NO. 6 • 14. Grading and public improvements shall be installed in accordance with City standards and specifications. 15. Prior to the issuance of a building permit, the applicant shall submit a lighting plan shall be submitted to ensure that the amount of illumination is adequate and that all indirect rays will be confined to the premises. 16. No signs are approved pursuant to this subdivision. Prior to the installation of any on site advertising or directional signs, a signing plan shall be submitted pursuant to the requirements of Article 16 of Ordinance 340. 17. The premises shall be continuously maintained in a safe, clean, and orderly condition with trash receptacles provided. 18. The premises shall be fully and adequately lighted for easy observation of all areas. 19. The development shall be architecturally harmonious with the existing center located to southwest. 20. Prior to the issuance of a Certificate of Occupancy the permittee must demonstrate compliance with all conditions of approval to the Planning Department of the City of San Jacinto. • 21. The owner shall defend, indemnify, and hold harmless the City of San Jacinto, its agents, officers, and employees from any claim, action or proceeding against the City of San Jacinto or its agents, officers and employees to attach, set aside, void or annul, an approval of the City of San Jacinto, its legislative body, advisory agencies, or administrative officers concerning TT29092. The City of San Jacinto will promptly notify the applicant of any such claim, action or proceeding against the City of San Jacinto and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of San Jacinto fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of San Jacinto. Notwithstanding the foregoing, the City of San Jacinto retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City of San Jacinto shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. • PLANNING COMMISSION MARCH 10, 1999 PAGE NO. 7 . 410 410 ' RIVERSIDE COUNTY COUNTY 4� FIRE DEPARTMENT RIVERSIDE y..r. JAMES M. WRIGHT 210 WEST SAN JACINTO AVENUE • PERRIS, CALIFORNIA 92570 • (909) 940-6900 • Fire Chief CITY OF SAN JACINTO February 9, 1999 FEB 1 r, 1999 TO: CITY OF SAN JAcINTBEPARTMENlT OF !'OMMUN;`Y DEVE OPMFP!T ATTN: PLANNING DEPARTMENT RE: PARCEL MAP 29167, #SAND-OO8 With respect to the conditions of approval for the above refer- enced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: 1 . The water mains shall be capable of providing a potential fire flow 4000 GPM and an actual fire flow available from any one hydrant shall be 2500 GPM for 2 hours duration at 20 PSI residual operating pressure. 410 2. Approved super fire hydrants, (6"x4"x2 1/2"x2 1/2" ) shall be located at each street intersection and spaced not more than 330 feet apart in any direction , with no portion of any lot frontage more than 165 feet from a fire hydrant. ENVIRONMENTAL CONSTRAINT SHEET NOTE 3. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 4. Prior to recordation the Applicant/Developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing 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. 410 Riverside Office 4080 Lemon St. 2nd FL P.O. Box 1549 FIRE PREVENTION DIVISION Riverside, Ca. 92501 PLANNING SECTION anird on rrnrird paprr i� 909-275-4777 *Fag 909-275-4886 • 410 PM 29167 Page 2 • b. Blue retroreflective pavement markers shall be mounted on private streets, public streets and driveways t❑ indicate location of fire hydrants. Prior to installation , placement of markers must be approved by the Riverside County Fire Department. All questions regarding the meaning of conditions shall be re- ferred to the Riverside County Fire Department Planning Division staff . RAYMOND H. REGIS Chief Fire Department Planner By D iiel Wann r Fire Safety Specialist EMM: • • MEMORANDUM TO: Tim Hults, Planning Director FROM: Habib Motlagh, City Engineer SUBJECT: Tentative Parcel Map 29167 - Public Works Conditions of Approval DATE: March 2, 1999 The following are the recommended engineering conditions of approval for the subject project: 1. With exception of existing driveways, access shall be restricted on State Street and on Ramona Boulevard and so noted on the Final Map. During development of Parcel 2, if additional access or modifications to existing driveways is required to accommodate the site development,the City may consider this request. 2. Reciprocal access easement shall be provided to Parcels 1 and 2 and to existing • McDonalds and shown on the final map. 3. Existing driveway on Ramona Boulevard shall be revised (widened or relocated)to provide for better ingress and egress. Installation of additional pavement on Ramona Boulevard, east of the drainage way may also be required. 4. Natural drainage patterns shall be maintained for both on and offsite drainage area. Drainage easements shall be obtained from effected private property owners in the event drainage patterns are changed or increased runoff or concentration of runoff to private properties. 5. Water and sewer shall be installed on site per City of San Jacinto and EMWD Standards. On and offsite fire hydrants, detector checks and backflow preventors shall be installed pursuant to Fire Department's and City requirements. 6. Existing street improvements on Ramona Boulevard and State Street are in a satisfactory condition. The developer shall be responsible to remove and replace these improvements if damaged during the construction of this project. 7. Onsite grading, paving, water and sewer along with drainage reports shall be submitted to the City for review and approval. • 8. This project shall comply with N.P.D.E.S. requirements and Best Management Practice. • • 9. Landscaping and irrigation systems within the public right-of-way shall be maintained by applicant. 10. Prior to recordation of Final Map,the applicant shall join the City's Lighting Maintenance district to pay for the offsite street light energy and maintenance charges. 11. Any work within the State's right-of-way requires permits. • 411/ • EXHIBIT "A" • EXISTING ZONING PARCEL MAP 29167 • o /eoo /zoo /eO t400 .SCALE /N ,,G 7- • i i Ip Ario� �q s R.,h � G-� ! IK- ' . t.1:41, .^ '/ - � _ `_` \ .00C/ '+� •_ - -� . —RANAW —�t-APRCS SWA Y„;,�•-r�,— - l: �1/ e/ ti Cr-2C i 4 �''-_y_. t., R-/ •••• /,-2. 4: A . •tt :7*. . ....-...4.-t•::: Fi..:r:-- , 'II - ,!/' • . / Nr- . ,;;.\ \ �� !I! +w 8A 1 o / C- /r, _2 ' . / : , " , `\, '' a-2 r • .•P.to.) o.i". , • / . ..,' ,r1 4-3 43 A • y�,.ash :s,,� \ . • e_2 �do4���7 • ✓nu4,TO Q s gj 1 .6 cktes 1 PROJ T SIT ,Q_/ (IP Re-Z \.' :.• _ aa si s. R-2 6 • '• • 0'/. I '. •-� 2.2 • /,r ` • \:\ .t. , 7 t R-Tc •�/ '` a �- �. • / •fiC-Z �+� • c. ., •.. 2.,/ • • IP • • • GM/ENGINEERING 41366 E.Rotel.Avenue,Suite F Hemet,California 92544 EXHIBIT "B" EXISTING USES 4110 PARCEL MAP 29167 o moo' /r00 4100 as�o �.����■ . SCALE /N FEET - --` •.. .,�\RES. co,,,,, t foHM. .„.... 0::.. . 2 e; . ' - V� -RAMONA -pv-r£SSWAY„--,,- - r - 1 «.• 0.04Y • Z X..(? / s.,. ---./A; ' .\ !??." 103 . i . . : r. . k" /1. p-*P ••. ; 4S Yi7G. .. ' ft i ,,,(((/// , ./' .4." RES. i �' H I ; • Q� <•'•\ RES. �' ` 1 • •, y / 0���f• lo"'!y ' RES. 2- 0 ,if \i-Atxt- .40-440% . 'Ipf.- , ' 0- 0 if lea \\.',• '�• ��� g:? PROJ T SIT i�s.� .ate, e a. / \-1 1..� \= - - -- `,•` ` ..s, •1 \ RES. \ • !-r- ;\ ..f •.. --..- .•. __.--- • • , • GMV ENGINEERING ' 41,555 E.MAIN Avenue,suite F Hemet,Caafomi@ 92544 EXHIBITII CII • EXISTING CIRCULATION ELEMENT PARCEL MAP 29167 C moo" /zoo /goo zaoo S.CAL-E /. ' ,�EEr - I .` l �I II I 7�c_rli\ I IIJ'.. �T.45„AIIP.. / N,✓. '✓Ii` N •• .nt •I—rAMONA - --ifA•Fra.SSWAr -- - - - /-fy ••:. 1:,t; 0 .)..'11. - 1" op „-•,.-;..—.;,::: _. . /-444,..•&•,.k.:•.-----',..- - .---7,...;;;;.- - , .1/.2. /j ,'. / .1 ' ' •�`/ ice. // � '' • , �.,‘ 2.. - p' ` s: �. N Y C �\ /IIIW \ +�, I 43 - P Y,' �. JJ 11 t /11 \4►� � / .41/6.41'7:4K / \r . ,' ...0 . r+ �• � / / l • V.441 tee //''' it N tr�f. . . i4>7, _, ,4., ,. .........,. ..:...\_.q_,_ , _6_ .,\•.cor - ./.. . 10) %� �� A' �: PROJ T S I T n Fl• :*s. 4. ,. "I:y` = --- `µ`re` • ' + . `' .�\ w 1 CA ` \"' . • J b Xs ?r - /ram /. ' -' � '�fy_ " • • �.. ,,�,.�./ ,,• • . • • GW ENGINEERING 41555 E. Florida Avenue,Suite F Hemet,California 92544 • - EXHIBIT "D" EXISTING GENERAL PLAN PARCEL MAP 29167 S 6 "b o 6,00' /zoo iecn 2400 y sce� i.v «Er - IFl He'iwiii r � i ✓' -�' R '� .: 1E - °_k1 :P . aM4_ -- rrrxsswaY.,:� - 2 - sy�VeZ` , • //sue/• \ ,. 9... ;® 1; i - ,'?'.�_-9 - ▪ 44 F!C~ 4.3Uhw .p:... / 'y ^ �Q ,...0 4/ /3/.. ..V,... .* ,-,. / • I\ • - P/ • ® So. / p� . • ,„,... ...., /� 3 I ty \•• (.0.\ "...:' ":°;,/ '• /. 1 . .....' *4.// \ `C a. • ••.. 1 •\ .. C.47 C.L? ,.. '• • / � SN C / \-. . o J ' .1i 4>k, . ] ; � a F; 6 re N/6N SCyooL N. PROJ - T SIT ..:_._r.� e .' ri!Vt.- ---c.c._ . ?pit . • „, . ........ V. t r.a A • # ° --• •.:!. ..ei . ..,,, N.C! / i 4'. t• ' s• .. \''4, I. . .*&2•*. • • •\ \ • ..: :..1,/\ 1. . Pl..® St. ' 'R. :1N. • 1 -- \ • ~Y • Cam, 1 • 1 \•• .'41 \ 4./ �.. • h'0. - HIGH DENSITY RESIDENTIAL /`9.D. - MEDIUM DENSITY RESIDENTIAL L.D. - LOW DENSITY RESIDENTIAL III c.c. - COMMUNITY COMMERCIAL RI. - PWStLIC INSTITUTIONAL • GW ENGINEERING • 41555 E. Florida Avenue, Suite F • Hemet, California 92544 EXHIBIT "E" BASE MAP• PARCEL MAP 29167 1:: 0 1,00' /ZOO /BOO 2400 Scivc.E ,,i FEET _ l — � I T. S., 1.> Po I / '...6s . ,..-.`...A.—t.: :4"r:r:".".---."- 2 "7/ • ,-4\- >, ;.. ./ a N. t ak•_ / tad ' •\I. �40 \ 1�/ +�• 8 , _ .);' 0 • \ 0 y ; • //�/. ei.pi,//tea --7. '%* 4 \ „..• ......4...,„1:„ . . ...1 _, •.�•' `���s g PROJ T SIT \ •• .....:" .. • — . P r ,,,,. ..._ , ..• • •. s . . /. • . — r ,,. . am: N , . c • • _••©, / \ i .. , % \ ``.: Q 1 :t • i .' . \ O \.. 11 �- e .. . „�:', a �, 1 ..s, .. %y �,•• y :I,...1 r sy • f• \• •• 1 \r .•'. GW ENGINEERING 41555 E. Florida Avenue,Suite F • Kernel, California 92544 RESOLUTION NO. PC 99-03 A RESOLUTION OF THE CITY OF SAN JACINTO PLANNING COMMISSION RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP 29167 WHEREAS, an application was duly filed by Munson Family Ltd. Partnership on January 29, 1999, for a two-lot commercial subdivision on 5.62 acres, at the northeast corner of State Street and Ramona Boulevard. WHEREAS, the property to be developed is located at the northeast corner or State Street and Ramona Boulevard (Assessor's Parcel #'s 434-070-036) WHEREAS, a public hearing to consider said application was set and held before said Planning Commission on the 10th day of March 1999, at the hour of 7:30 p.m., and notice of the hearing was duly given in accordance with applicable law. NOW THEREFORE, THE PLANNING COMMISSION DOES HEREBY RESOLVE NOW FINDS AS FOLLOWS: 1. The subject project is considered a Class 15 Categorical Exemption pursuant to Section 15315 of the Guidelines to the California Environmental Quality Act. 2. The proposed use and development is consistent with the General Plan and current zoning; 2. The sizes of the proposed commercial lots are adequate in size, shape, topography, accessibility, and other physical characteristics to accommodate the proposed use and development in a manner compatible with existing and potential surrounding uses; 3. The site for the proposed development has utilities available to the site with the proper extensions and other services required for the proposed use; 4. The proposed use will be arranged, designed, constructed, operated and maintained so as to be compatible with the intended character of the area and shall not change the essential character of the area from that intended by the General Plan and the applicable Land Use Zone; 5. Conditions are imposed which are necessary to protect the public health, safety, interest, and general welfare. PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED that the Planning Commission hereby approves Tentative Parcel Map No. 29167, subject to compliance with the imposed conditions. PASSED,APPROVED AND ADOPTED this 10th day of March 1999. ATTEST: Secretary to the Planning Commission Planning Director Hults assured that the city will not allow the construction of these houses in an "A" flood zone. He also mentioned any lender has the right to require flood insurance even though the property is not in a flood zone. MOTION: Commissioner Carlson-Buydos moved to adopt the mitigated Negative Declaration and attached Resolution 99-02, approving Tentative Tract Map 29092, subject to the Findings of Fact and Conditions ofapproval as amended during the meeting. SECOND: Commissioner Dunlap VOTE: 4-1 (Commissioner Tavenner dissenting) (Vote against from Commissioner Tavenner was based on her comments above) 5.0 NEW PUBLIC HEARINGS 5.1 Tentative Parcel Map 29167 Applicant: Munson Family Ltd. Partnership 923 E. Executive Park Dr., Ste. A Salt Lake City, UT, CA 92583 A proposal to establish a two-lot commercial subdivision at the Northeast corner of State Street and Ramona Boulevard. The size of the parcel to be subdivided is 5.62 acres. Planning Director made the presentation, mentioning a fast food restaurant will be built in one of the lots. At the time of the staff review the proposal will be reviewed. Most of the site is improved. Other improvements will be conditioned along with the site plan. This project is exempt under Class 15 of CEQA. No environmental review was conducted. The conditions of approval are fairly standard, and include mandated development fees and the requirement for the construction of a berm or hedge for the areas where cars will be facing State Street or Ramona Boulevard. Staff is recommending approval of Resolution 99-03, approving Tentative Parcel Map 29167, subject to the Findings of Fact and Conditions of Approval. Commissioner Tavenner asked about the driveway on the easterly side. Planning Director Hults mentioned that the City's Public Works Director was concerned with the access and the applicant will be required to reconstruct or relocate the driveway for a better ingress or egress. Planning Commission Minutes February 10, 1999 Page No. 7 Planning Director Hults explained that Conditional Use Permits are required for any drive through facility. The City will be requesting architectural design to be consistent with San Jacinto Plaza and not with the existing McDonald's building. Commissioner Duistermars asked if there was a height requirement. Planning Director responded the height requirement was 45'. At 8:40 the public hearing was opened. Blaine Womer of G.W. Engineering, representing the applicant on this project addressed the Planning Commission and asked for revisions to be made to California Department of Forestry letter, Item # 4. CDF is requesting a copy of the water system plan. G.W. Engineering is only doing the mapping and not the engineering. The developer is preparing their own site plan. Due to this fact, it will be hard for G.W. Engineering to comply with this requirement. The relocation of the entry way, deals with Caltrans and School District. Condition of Approval # 10, annexation to LLMD. Applicant suggested to accept an affidavit submitted to the City from the developer, accepting the annexation to the LLMD district. This letter has been drafted by the City Attorney. However, he felt the property was already included, but is currently vacant, once built, the site will be charged the proper assessment fees. Commissioner Tavenner asked if there will be any problems with the driveway. Blaine Womer mentioned in the past it was difficult to work with the San Jacinto Unified School District to coordinate the construction of the driveway. This is the reason why the driveway was designed like it is now. Commissioner Carlson-Buydos suggested a revised wording for CDF's condition. Water plan system to be submitted prior to permit issuance. MOTION: Commissioner Carlson-Buydos motion to adopt a mitigated Negative Declaration and the attached Resolution No. 99-03, approving Tentative Parcel Map 29167, subject to the Findings of Fact and Conditions of Approval. SECOND: Commissioner Warneke VOTE: 5-0 Planning Commission Minutes February 10, 1999 Page No. 8 R01-99W-038 March 9, 1999 • Mr. Tim Hults City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 PARCEL MAP NO. 29167 In consideration for allowing The Munson Family Limited Partnership to record Parcel Map 29167 prior to joining Community Facilities District No. 3, the undersigned agrees that occupancy permits for the individual parcels will be withheld by the City until such time that the entire map has been annexed. The Munson Family Limited Partnership hereby agrees to the execution of all documents necessary for the annexation into the Community Facilities District No. 3 and further agrees to the terms of this letter of agreement. This agreement shall not preclude The Munson Family Limited Partnership from transferring the individual parcels within the map to others for development. However, this agreement shall be binding for all successors and assigns. ALA-414(gli ./ / 99 Gerald H. Rice, Trustee Dat The Munson Family Limited Partnership A Nevada Limited Partnership Gerald H. Rice Trust as Managing Partner State of Utah County of Salt Lake )ss. On the 10th day of March, 1999, personally appeared before me GERALD H. RICE, Trustee of the Gerald H. Rice Trust as Managing Partner of The Munson Family Limited Partnership, a Nevada Limited Partnership, the signer of the within instrument, who duly acknowledged to me that he executed the same. ,,.t-,i,-,. NOTARY �" L8LIC 1 , . illobsel A. Spawn (.7 '' YNlwle.UM OW o a u 1 i c '�� My Commission ,.,�;,, :/28�1009 Residing at: Salt Lake City, Utah ~ o • • SHEET NO. 1 OF 2 SHEETS PARCEL MAP NO. 29167 or TNI4 so OCODO0 UM/111001011711 All MON M IMP ON RE N 100(I PAL[310 Of IMPI,RmO I OF 04 D®O OOMIY. BISMat OS/OCSL MD III i Of II A' ON -- Y. 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