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Agenda 2003-12-02

 

 

AGENDA

TUESDAY, DECEMBER 2, 2003

BOARD OF SUPERVISORS – COUNTY OF RIVERSIDE

1stFLOOR – COUNTY ADMINISTRATIVE CENTER

4080 Lemon Street, Riverside, Calif.

(Clerk 909-955-1060)

 

 

 

Invocation by Rosario Munoz, Paralegal, Public Defender

 

Pledge of Allegiance to the Flag

 

Presentation of Proclamation to Sr. Detective Kevin Duffy’s for Distinguished Services

 

Presentation of Proclamation – Drunk and Drugged Driving Prevention Month to Frank Lewis, Substance Abuse Program Manager, and to John Ryan, Director of Mental Health – Item 2.9

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OPENING COMMENTS:

 

   BOARD MEMBERS

 

   EXECUTIVE OFFICER

_____________________________________________________________________________________

 

ADMINISTRATIVE ACTION:

 

1.1       CLERK OF THE BOARD:  Proof of Publications.

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The following items do not require specific Board action unless a Board member desires to set the matter for hearing or the matter is appealed.

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1.2       TRANSPORTATION AND LAND MANAGEMENT AGENCY/PLANNING:  TENTATIVE TRACT MAP 27337 – Stanley Walder  – Cherry Valley district – 3rd District, 26 acres, 25 lots, A-1-1 zoning, Schedule B.  Fifth Extension of Time, approved by the Planning Commission.

 

1.3       TRANSPORTATION AND LAND MANAGEMENT AGENCY/PLANNING:  TENTATIVE TRACT MAP 29015 – Oak Tree Industries  – Sun City district – 3rd District, 5.59 acres, 18 lots, R-1 zoning, Schedule A.  Second Extension of Time, approved by the Planning Commission.

 

1.4       TRANSPORTATION AND LAND MANAGEMENT AGENCY/PLANNING:  TENTATIVE TRACT MAP 29170 – Mel Haugen  – University district – 5th District, 10 acres, 17 lots, R-1 zoning, Schedule B.  First Extension of Time, approved by the Planning Commission.

 

1.5       TRANSPORTATION AND LAND MANAGEMENT AGENCY/PLANNING:  TENTATIVE TRACT MAP 28943 – Albert A. Webb Associates – Mira Loma district – 2nd District, 88.8 acres, 366 lots, R-4 zoning, Schedule A.  Second Extension of Time, approved by the Planning Commission.

 

1.6       TRANSPORTATION AND LAND MANAGEMENT AGENCY/PLANNING:  TENTATIVE PARCEL MAP 29123 - Albert A. Webb Associates - Prado-Mira Loma district - 2nd District, 110 acres, 1 residential lot /4 commercial lots, R-1, C-P-S, I-P and A-1-20 zoning, Schedule E.  Second Extension of Time, approved by the Planning Commission.

 

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CONSENT CALENDAR: Presented for Block Approval: Supervisors have the option of excluding discussion items from a master motion.

 

2.1       SUPERVISOR TAVAGLIONE:  Reappointment to the Workforce Development Board.

 

2.2       SUPERVISOR VENABLE:  Renewal of the Revised Local Emergency Declaration for Riverside County due to the epidemic infestation of bark beetles in the Mountain Communities of Idyllwild and Pine Cove.

 

2.3       AGRICULTURAL COMMISSIONER:  Renewal of the Local Emergency Declaration for Riverside County due to the Spread of Pierce’s Disease in the Local Vineyards.

 

2.4       AUDITOR-CONTROLLER:  Acceptance of Gift of two plates and stands from The Republic of China, Beijing Municipal Auditing Bureau.

 

2.5       COUNTY COUNSEL/TRANSPORTATION & LAND MANAGEMENT AGENCY/BUILDING & SAFETY: Approval of Findings of Fact, Conclusions, and Order to Abate on Public Nuisance [Excess Outside Storage and Accumulation of Rubbish] Case No. CV 01-0177, located at 98810 Seascape Avenue, Mecca, 4th District.  (9.1 of 11/4/03)

 

2.6       COUNTY COUNSEL/TRANSPORTATION & LAND MANAGEMENT AGENCY/BUILDING & SAFETY:  Approval of Findings of Fact, Conclusions, and Order to Abate on Public Nuisance [Outside Storage] Case No. CV 01-1185, located at 25217 Jerry Lane, Hemet, 3rd District.  (9.2 of 11/4/03)

 

2.7       COUNTY COUNSEL/TRANSPORTATION & LAND MANAGEMENT AGENCY/BUILDING & SAFETY:  Approval of Findings of Fact, Conclusions, and Order to Abate on Public Nuisance [Substandard Structure] Case No. CV 03-1068, located at southwest corner of Oleander Drive and Sierra Boulevard, Painted Hills, 5th District.  (9.3 of 11/4/03)

 

2.8       COUNTY COUNSEL/TRANSPORTATION & LAND MANAGEMENT AGENCY/BUILDING & SAFETY:  Approval of Findings of Fact, Conclusions, and Order to Abate on Public Nuisance [Accumulation of Rubbish] on Case No. CV 03-1244, located at 63490 Ruby Drive, Desert Hot Springs, 5th District.  (9.4 of 11/4/03)

                                                                                                                                                    

2.9       MENTAL HEALTH:  Proclamation – Drunk and Drugged Driving Prevention Month.

 

2.10     TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION:  Adoption of Resolution 2003-392, Summarily Vacating a portion of Rancho California Road, in the Temecula area, 1st District.

 

2.11     TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION:  TRACT 28303 - Menifee area – 3rd District, Schedule A.  Approval of One-Year Guarantee and Maintenance Agreements.

 

2.12     TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION:  TRACT 29554-5 – Temecula area – 3rd District, Schedule A.  Approval of Improvement Agreements/New Owners/Substitution of Bonds for Extension of Time.

 

2.13     TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION:  TRACT 29320 and Backbone Improvements for Tracts 29320, -1, -2, -3, -4, -5 (MS 3824 and MS 3876) - Temescal area – 1st District, Schedule A.  Approval of Agreements, Bonds and Final Map.

 

2.14     TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION:  TRACT 29320-1 – Temescal area – 1st District, Schedule A.  Approval of Agreements, Bonds and Final Map.

 

2.15     TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION:  TRACT 29320-2 – Temescal area – 1st District, Schedule A.  Approval of Agreements, Bonds and Final Map.

 

2.16     TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION:  TRACT 29320-3 – Temescal area – 1st District, Schedule A.  Approval of Agreements, Bonds and Final Map.

 

2.17     TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION:  TRACT 29320-4 – Temescal area – 1st District, Schedule A.  Approval of Agreements, Bonds and Final Map.

 

2.18     TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION:  TRACT 29320-5 – Temescal area – 1st District, Schedule A.  Approval of Agreements, Bonds and Final Map.

 

2.19          SUPERVISOR VENABLE:  Reappointment to the Workforce Development Board.

 

2.20     COUNTY COUNSEL:  (R) ADOPTION OF ORDINANCE No. 348.4154, an Ordinance of the County of Riverside Amending Ordinance No. 348 relating to Zoning (amending the zoning in the Rancho California Area, 1st District, ZC 6839).

 

2.21     COUNTY COUNSEL:  (R) ADOPTION OF ORDINANCE No. 348.4155, an Ordinance of the County of Riverside Amending Ordinance No. 348 relating to Zoning (amending the zoning in the French Valley Area, 3rd District, ZC 6727).

 

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POLICY CALENDAR:  Presented for Block Approval; Supervisors have the option of excluding discussion items from a master motion.

 

3.1       EXECUTIVE OFFICE:  (R) ADOPTION OF ORDINANCE 784.4, an Ordinance of the County of Riverside, Amending Ordinance No. 784, creating the Riverside County Children and Families Commission (Proposition 10).  (3.2 of 11/25/03)

 

3.2       EXECUTIVE OFFICE:  Approval of Deposit and Reimbursement Agreement by and among Majestic Realty Co., Community Facilities District No. 88-8 (“A” Street-North) of the County of Riverside, and the County of Riverside, 1st District.  (See Item 8.1)

 

3.3       EXECUTIVE OFFICE:  Approval of Contribution of funding towards a Joint City of Banning/County of Riverside CNG Fueling Station, 5th District.

 

3.4       EXECUTIVE OFFICE:  Establishment of the Indian Gaming Local Community Benefit Committee.

 

3.5       EXECUTIVE OFFICE: State Legislative Advocacy Services.

 

3.6       COMMUNITY HEALTH AGENCY:  Ratify the First Amendment (DPH01K.095) between Inland Empire Health Plan and County of Riverside, Community Health Agency.

 

3.7       COMMUNITY HEALTH AGENCY: Ratify an Extension to the current Becton Dickinson Diagnostic Systems Contract for provision and supplies required for operation of the Probe Tec System.

 

3.8       COMMUNITY HEALTH AGENCY/PUBLIC HEALTH: Approval of the Intergovernmental Agreement with San Bernardino County for the distribution of Ryan White CARE Act Title I Funds.

 

3.9       ECONOMIC DEVELOPMENT AGENCY:  Approval of Sublease from Murrieta Executive Air Park MEA, LLC to Nimbus Holdings, L.P. and Exhibit E to Sublease, Parcel #9, Subordination, Non-Disturbance and Attornment Agreement, French Valley Airport, 3rd District. 

 

3.10     MENTAL HEALTH:  Ratification of the Consent to Assignment of Vista Knoll Specialized Care to the Ensign Group.

 

3.11     MENTAL HEALTH:  Approval of First Contract Amendment to Agreements with Anne Sippi Clinic and Vista Knoll Specialized Care Rehabilitation Center, Department of Mental Health.

 

3.12     ONLINE  ADMINISTRATIVE SERVICES INFORMATION SYSTEM (OASIS)/EXECUTIVE OFFICE:  OASIS Progress Report.

 

3.13     PUBLIC SOCIAL SERVICES/COMMUNITY ACTION:  Acceptance of the Financial Assistance Award (90E10252/01) with the U.S. Department of Health and Human Services, Office of Community Services.

 

3.14     SHERIFF-CORONER-PA:  Approval of the FY 2003-04 Law Enforcement Services Agreement with the Lake Elsinore Unified School District, Adoption of Resolution 440-8527 (for deletion of a position), and Budget Adjustments.  (4/5 vote required)

 

3.15     TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION: Approval of Cooperative Agreement between the State of California, Department of Transportation and the County of Riverside for the Re-striping of West Bound State Route 91 and Budget Adjustments.  (4/5 vote required)

 

3.16     TRANSPORTATION & LAND MANAGEMENT AGENCY/TRANSPORTATION: Award of Contract to DBX, Inc. for the Construction of Interim Traffic Signals and Lighting, on Interstate 10 at Palm Drive/Gene Autry Trail, Palm Springs, 5th District.

 

3.17     TREASURER-TAX COLLECTOR:  Replenishment of Tax Collector Payment Remittance Cash Shortage Fund.  (4/5 vote required)

 

3.18     TREASURER-TAX COLLECTOR: Adoption of Resolution 2003-531 Approving the Public Auction Sale of Tax-Defaulted Real Property, Sale No. TC-170, scheduled for March 15 & 16, 2004 at the Riverside Convention Center,

3443 Orange Street, Riverside, California
.

 

3.19     FACILITIES MANAGEMENT AND TRANSPORTATION:  Adoption of Resolution 2003-525, Notice of Intention to Condemn Real Property for Roadway and

Drainage Construction Purposes/Newport Road
Project, 3rd District.  (Hrg. set for Dec. 23, 2003 @ – Clerk to advertise)

 

3.20     EXECUTIVE OFFICE:  Report on Mountain Communities Fire Safety Issues.  (3.1 of 11/18/03)

_____________________________ _______________________________________________________

 

REDEVELOPMENT AGENCY MEETING:

 

4.         (No Business)

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RIVERSIDE COUNTY PUBLIC FINANCING AUTHORITY:  

 

5.         (No Business)

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INDUSTRIAL DEVELOPMENT AUTHORITY MEETING:

 

6          (No Business)

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IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY:

 

7.         (No Business)

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COMMUNITY FACILITIES DISTRICT'S LEGISLATIVE BODY MEETING:

 

8.1       Approval of Deposit and Reimbursement Agreement by and among Majestic Realty Co., Community Facilities District No. 88-8 (“A” Street-North) of the County of Riverside, and the County of Riverside, 1st District.  (See Item 3.2)

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9:30 A.M. PUBLIC HEARINGS:

 

9.1       COUNTY COUNSEL/TRANSPORTATION & LAND MANAGEMENT AGENCY/BUILDING & SAFETY:  Further Public Hearing on Statement of Expense on Public Nuisance Case No. CV 01-1780, located at

17898 Cajalco Road
, Perris, 1st District.  (9.5 of 11/18/03)

 

9.2       COUNTY COUNSEL/TRANSPORTATION & LAND MANAGEMENT AGENCY/BUILDING & SAFETY:  Public Hearing on Abatement of Public Nuisance [Excess Outside Storage and Accumulation of Rubbish] on Case No. CV 02-2311, located at 22306 Serena Court, Perris, 5th District.

 

9.3       COUNTY COUNSEL/TRANSPORTATION & LAND MANAGEMENT AGENCY/BUILDING & SAFETY:  Public Hearing on Abatement of Public Nuisance [Outside Storage] on Case No. CV 03-0372, located at 25901 Schultz Road, Hemet, 3rd District.

 

9.4       COUNTY COUNSEL/TRANSPORTATION & LAND MANAGEMENT AGENCY/BUILDING & SAFETY:  Public Hearing on Abatement of Public Nuisance [Accumulation of Rubbish] Case No. CV 03-0560, located at Orange Avenue East of Old Elsinore Road, Perris, 1st District.

 

9.5       COUNTY COUNSEL/TRANSPORTATION & LAND MANAGEMENT AGENCY/BUILDING & SAFETY:  Public Hearing on Statement of Expense on Public Nuisance Case No. CV 02-2393, located at 25800 Creag Avenue, Homeland, 5th District.

               

9.6       COUNTY COUNSEL/TRANSPORTATION & LAND MANAGEMENT AGENCY/BUILDING & SAFETY:  Public Hearing on Statement of Expense on Public Nuisance Case No. CV 02-4160, located at 33351 Macy Street, Lake Elsinore, 1st District.

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CONCURRENT EXECUTIVE SESSION-COUNTY OF RIVERSIDE, REDEVELOPMENT AGENCY, REGIONAL PARK AND OPEN SPACE DISTRICT, FLOOD CONTROL AND WATER CONSERVATION DISTRICT, WASTE RESOURCES MANAGEMENT DISTRICT, HOUSING AUTHORITY, PERRIS VALLEY CEMETERY DISTRICT, IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY AND COMMUNITY FACILITIES DISTRICTS:

 

With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9:

 

Conference with legal counsel-existing litigation:

(Subdivision (a) of Government Code Section 54956.9)

 

A.1       Vail Lake v. County of Riverside (Riverside Superior Court case no. RIC 396483)

 

A.2       Good Land Inv. v. County of Riverside (Riverside Superior Court case no. RIC 396579)

 

A.3       Farm Bureau v. County of Riverside (Riverside Superior Court case no. RIC 396565)

 

A.4       City of Temecula v. County of Riverside, et al. (Riverside Superior Court case no RIC 402766

 

A.5       Steven M. Christensen, et al. v. County of Riverside, et al. (Riverside Superior Court case no. RIC 402906

 

With respect to every item of business to be discussed in closed session pursuant to Section 54956.8:

 

B.1       Conference with real property negotiator:

Property – All court facilities currently owned by the County of Riverside

            Agency negotiator – County Executive Officer

Negotiating party – Kim Davis, Judicial Council, Administrative Office of the Courts

            Under negotiation – Price/Terms/Conditions of Payment

 

With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54957.6:

 

C.1      Conference with labor negotiator:

            Agency Negotiator: - Ron Komers

            Employee organizations – IHSS and RSA

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ORAL COMMUNICATIONS FROM THE AUDIENCE ON ANY MATTER WHICH DOES NOT APPEAR ON THE BOARD’S AGENDA:

_____________________________________________________________________________________

 

1:30 P.M. HOUSING AUTHORITY MEETING:

 

10.1     Adoption of Resolution 2003-012 Approving the First Supplemental Indenture of Trust – Variable Rate Multifamily Mortgage Revenue Demand Bonds – Emeritus Park Apartments, 2nd District.

_____________ ________________________________________________________________________

 

1:30 P.M. FLOOD CONTROL AND WATER CONSERVATION DISTRICT MEETING:

 

11.       (No Business)

_____________________________________ _________________________________________________

 

1:30 P.M. COUNTY BOARD AND WASTE RESOURCES MANAGEMENT DISTRICT MEETING:

 

County:

 

12.       (No Business)

 

District:

 

12.       (No Business)

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1:30 P.M. REGIONAL PARK AND OPEN SPACE DISTRICT MEETING:

 

13.       (No Business)

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1:30 P.M. PERRIS VALLEY CEMETERY DISTRICT MEETING:

 

14.       (No Business)

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1:30 P.M. RIVERSIDE COUNTY INTEGRATED PLAN REPORT:

 

15.1     TRANSPORTATION & LAND MANAGEMENT AGENCY:  Increase Expenditure Cap on the Agreement with Best, Best, and Krieger, L.L.P., for Professional Services in Connection with the Riverside County Integrated Project, and Budget Adjustments.  (4/5 vote required) 

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1:30 P.M. PUBLIC HEARINGS:

 

16.1     TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING:  Public Hearing on CHANGE OF ZONE 6736/TENTATIVE TRACT MAP 30895 – EA 38857 – MBK Homes Ltd. – Prado-Mira Loma District – 2nd District.  Recommendation of Planning Commission for adoption of a mitigated negative declaration for environmental assessment No. 38857; Tentative Approval of Change of Zone 6736 to change the zone from Heavy Agriculture, 5 Acres Minimum (A-2-5) to One-Family Dwellings (R-1) on 10 acres; and, Approval of Tentative Tract 30895 to divide 10 acres into 39 single family residential lots.

 

16.2     TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING:  Public Hearing on GENERAL PLAN AMENDMENT 661/CHANGE OF ZONE 6791/TENTATIVE TRACT MAP 30904 - EA 39017 – Stratham Properties - Eastvale area – 2nd District, 10 acres, Schedule A.  Recommendation of Planning Commission for Adoption of a mitigated negative declaration for environmental assessment 39017; Tentative approval of General Plan Amendment No. 661 to change the subject site land use designation per the Jurupa Community Plan from Agriculture/Development Reserve to Category 2B Residential; Tentative approval of Change of Zone 6791 to change the zoning from A-2-5 to R-1; Approval of Tentative Tract 30904 to subdivide 10 acres into 36 single family residential lots.

 

16.3     TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING:  Public Hearing on CHANGE OF ZONE 6725/TENTATIVE PARCEL MAP 30634 – EA 38824 – Paul & Wanda Doscher – CLE Engineering Inc. – Rancho California area – 3rd District.  Recommendation of Planning Commission for adoption of a mitigated negative declaration for environmental assessment No. 38824; Tentative Approval of Change of Zone 6725 to change the zone from Residential-10 Acre Minimum (R-A-10) to Residential-5 Acre Minimum (R-A-5); and, Approval of Tentative Parcel Map 30634, Schedule H, to subdivide 20.79 acres into 4 lots with a minimum lot size of 5 acres.

 

16.4     TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING:  Public Hearing on CHANGE OF ZONE 6737/TENTATIVE TRACT MAP 30896 – EA 38858 – MBK Homes Ltd. – Prado-Mira Loma District – 2nd District.  Recommendation of Planning Commission for adoption of a mitigated negative declaration for environmental assessment No. 38858; Tentative Approval of Change of Zone 6737 to change the zone from Heavy Agriculture (A-2-10) to One-Family Dwellings (R-1); and, Approval of Tentative Tract 30896 to divide 20 acres into 73 single family residential lots.

 

16.5     TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING:  Public Hearing on CHANGE OF ZONE 6841 – Trans Pacific Consultants – Southwest Area Plan – 3rd District.  Recommendation of Planning Commission for Tentative Approval of Change of Zone 6841 to establish a legal definition for Planning Area No. 23 of Specific Plan No. 213 (Winchester Properties).

 

16.6     TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING:  Public Hearing on GENERAL PLAN AMENDMENT 637/CHANGE OF ZONE 6720/TENTATIVE TRACT MAP 30820 - EA 38817 – Warmington Homes - Eastvale Area Plan  – 2nd District, 20 acres, Schedule A.  Recommendation of Planning Commission for Adoption of a mitigated negative declaration for environmental assessment 38817; Tentative approval of General Plan Amendment No. 637 to amend the Jurupa Community Plan from Agriculture/Development Reserve to Residential 2B on 20 acres; Tentative approval of Change of zone 6720 to change the zoning from Heavy Agriculture, 5 Acre Minimum lot size to One-Family Dwelling on 20 acres; and, Approval of Tentative Tract 30820 to subdivide 20 acres into 71 single family residential lots.

 

16.7     TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING:  Public Hearing on FAST TRACK VARIANCE CASE 1742 (FTA 2001-16) – Eastvale Gateway LLC – Eastvale area – 2nd District, 79 acres, C-P-S zoning.  Recommendation of Planning Commission for approval of fast track Variance 1742 for a variance for Administrative Plot Plan 18971, which proposes a comprehensive sign program for the Eastvale Gateway Shopping Center that is currently under construction, to allow the site to exceed the development standards of County Ordinance No.348, relative to the number and size of freestanding signs, and to allow the wall signage to include Co-Brand Signs and Secondary Signs.

 

16.8     TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING:  Public Hearing on INTRODUCTION OF ORDINANCE 348.4090, an Ordinance of the County of Riverside Amending Ordinance No. 348 relating to Zoning (establishment of rules, regulations and design guidelines for Wireless Communication Facilities within all zones).

 

16.9     TRANSPORTATION & LAND MANAGEMENT AGENCY/PLANNING:  Further Public Hearing on CHANGE OF ZONE 6796/TENTATIVE TRACT MAP 31331 – Colorado Pacific Communities – HJK Consultants, Inc. – Rancho California area – 1st District.  Recommendation of Planning Commission for Adoption of a mitigated negative declaration for Environmental Assessment 39030; Tentative Approval of Change of Zone 6796 to change the zone from Rural Residential (R-R) to One Family Dwellings (R-1); and, Approval of Tentative Tract Map 31331, a Schedule A subdivision of 20.1 acres into 78 lots with a 7200 square foot minimum and one 17,488 square foot open space lot.  (16.4 of 11/25/03)

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