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HomeMy WebLinkAbout99-31 CC OrdinanceORDINANCE NO. 99-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND PALA RAINBOW, LLC FOR PROPERTY LOCATED NEAR THE INTERSECTION OF HIGHWAY 79- SOUTH AND PALA ROAD (PLANNING APPLICATION NO. PA99 -0273) WHEREAS, Section 65864 el =. of the Government Code of the State of California and Temecula City Resolution No. 91 -52 authorize the execution of agreements establishing and maintaining requirements applicable to the development of real property; and, WHEREAS, to resolve potential litigation resulting from the City's acquisition of property through eminent domain, the City of Temecula and the property owner, Pala Rainbow, LLC have agreed to enter into a development agreement; and WHEREAS, in accordance with the procedure specified in City Resolution 91 -52 and the Development Code, the City of Temecula has initiated said Development Agreement with Pala Rainbow, LLC; and, WHEREAS, the Planning Commission and City Council of said City have each previously conducted public hearings on September 15, 1999 (Planning Commission), and October 19, 1999 (City Council) on this matter; and, WHEREAS, at the October 19, 1999 hearing, the City Council directed that last minute changes to the Agreement be returned to the Planning Commission for the Commission's review and recommendation; and WHEREAS, notice of the City's intention to consider adoption of this Agreement with Pala Rainbow, LLC has been duly given in the form and manner required by law, and the Planning Commission and City Council of said City have each conducted public hearings on November 3, 1999 (Planning Commission), and November 9, 1999 (City Council) at which time it heard and considered all evidence relevant and material to said subject. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. FINDINGS. The City Council hereby finds and determines, with respect to this Agreement by and between the City of Temecula and Pala Rainbow, LLC, that it: A. The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula General Plan in that the Development Agreement makes reasonable provision for the use of certain real property for commercial and office development and is consistent with the General Plan Land Use Designations of Highway Tourist Commercial and Office Professional; and, B. The Development Agreement complies with the goals and objectives of the Circulation Element of the General Plan and the traffic impacts of the development over the period of the Development Agreement will be substantially mitigated by the mitigation measures and conditions of approval imposed; and, R:Ords 99 -31 C. The project subject to the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for the zoning district in which the Property subject to the Development Agreement is located, and that this Development Agreement is consistent with good planning practices by providing for the opportunity to develop the Property consistent with the General Plan; and, D. The Development Agreement is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; and, E. The Development Agreement will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof; and, F. Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, and police and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; and, G. Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description and text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; and, H. The benefits that will accrue to the people of the City of Temecula from this legislation and this Development Agreement are the mutually agreeable resolution of eminent domain issues that could have otherwise resulted in litigation. Section 2. APPROVAL. The Development Agreement, attached hereto and incorporated herein by this reference as Exhibit "A" is hereby approved. The Mayor is authorized and directed to evidence such approval by executing this Agreement for, and in the name of, the City of Temecula; and the City Clerk is directed to attest thereto; provided, however, that this Agreement shall not be executed by the City until this Ordinance takes effect and the City has received from the applicant two executed originals of said Agreement. Section 3. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. R:Ords 99 -31 2 Section 4. PASSED, APPROVED AND ADOPTED this 16th da )Ko!/November, 1999. Stembn J. Ford, ATTEST: Susan W. Jones, CMC/ City CI k [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, CMC /AAE, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 99 -31 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 9th day of November, 1999, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 16th day of November, 1999, by the following vote, to wit: AYES: 5 COUNCILMEMBERS: Comerchero, Lindemans, Roberts, Stone, Ford NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Jones, C C /AAE C' v Clerk R:Ords 99 -31 3 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement ") is entered into as of the _ day of , 1999 ( "Agreement Date "), by and between PALA RAINBOW, LLC., (hereinafter "OWNER "), and the CITY OF TEMECULA, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "CITY "), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code (the "Development Agreement Legislation ") and Article XI, Section 2 of the California Constitution. RECITALS This Agreement is predicated upon the following facts: A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. B. The Development Agreement Legislation authorizes CITY to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development ' to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; and provide for economic assistance to OWNER for the entitlements authorizing development related improvements. C. OWNER is the owner of certain real property within the County of Riverside, State of California (the "Property "), as more particularly described in Exhibit "A" attached hereto and made a part hereof. OWNER desires to develop the Property in accordance with the provisions of this Agreement, the applicable regulations of the City of Temecula and those regulations of other agencies exercising jurisdiction upon the project. The Scope of Development of the Property as contemplated by this Agreement is described in the Agreement in Section 1.15. D. OWNER has applied for, and CITY has granted this Agreement in order to create a beneficial project and a physical environment that will conform to and complement the goals of CITY, create a development project sensitive to human needs and values, facilitate efficient traffic circulation, and develop the Property. As part of the process of granting this entitlement, the City Council of CITY (hereinafter the "City Council") has required the preparation of an environmental review and has issued a Negative Declaration as regards any significant effects arising from the Project and has otherwise carried out all requirements of the California Environmental Quality Act ( "CEQA ") of 1970, as amended. E. The following actions were taken with respect to this Agreement and the Project: F:WEPISPLANNINO FrAFFRFM73PA99 Dewlopoeti Avemavtdoo t 1. On November 3, 1999, following a duly noticed and conducted public hearing, the City Planning Commission recommended that the City Council approve this Agreement; 2. On November 9, 1999, after a duly noticed public hearing and pursuant to CEQA, the City Council adopted the Negative Declaration for this Agreement and the Project; 3. On November 9, 1999, after a duly noticed public hearing, the City Council determined that the provisions of this Agreement are consistent with the General Plan of the CITY; 4. On November 9, 1999, after a duly noticed public hearing, the City Council introduced Ordinance No. - approving and authorizing the execution of this Agreement and on the City Council adopted the Ordinance, a copy of which is on file in the Development Services Department at the CITY, and adopted the findings and conditions pertaining thereto, including those relating to the environmental documentation for the Project. F. The CITY has engaged in extensive"studies and review of the potential impacts of the Project as well as the various potential benefits to the CITY by the development of the Project and concluded that the Project is in the best interests of the City. G. In consideration of the substantial public improvements and benefits to be provided by OWNER and the Project, and in order to strengthen the public financing and planning process and reduce the economic costs of development, by this Agreement, CITY intends to give OWNER assurance that OWNER can proceed with the development of the Project for the Term of this Agreement pursuant to the terms and conditions of this Agreement and in accordance with CI7Y's General Plan, ordinances, policies, rules and regulations existing as of the Effective Date. In reliance on CITY's covenants in this Agreement concerning the Development of the Property, OWNER has and will in the future incur substantial costs in site preparation and the construction and installation of major infrastructure and facilities in order to make the Project feasible. H. Pursuant to Section 65867.5 of the Development Agreement Legislation, the City Council has found and determined that: (i) this Agreement and the Existing Project Approvals implement the goals and policies of CITY's General Plan, provide balanced and diversified land uses and impose appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within CITY, (4) this Agreement is in the best interests of and not detrimental to the public health, safety and general welfare of CITY and its residents; (iii) adopting this Agreement is consistent with CITY's General Plan and constitutes a present exercise of the CITY's police power; and (iv) this Agreement is being entered into pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Legislation. I. CITY and OWNER agree that it may be beneficial to enter into additional agreements or to modify this Agreement with respect to the implementation of the separate components of the Project when more information concerning the details of each component is available, and that this Agreement should expressly allow for such contemplated additional agreements or modifications to this Agreement. F:MEFrW ANNR76\SrAFFRFM73PA99 Devdgp Apeww*dx 2 NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Legislation, as it applies to CITY, pursuant to Article XI, Section 2 of the California Constitution, and in consideration of the foregoing recitals of fact, all of which are expressly incorporated into this Agreement, the mutual covenants set forth in this Agreement and for the further consideration described in this Agreement, the parties agree as follows: 1. Definitions. The following words and phrases are used as defined terns throughout this Development Agreement and each defined term shall have the meaning set forth below. 1.1. Authorain¢ Ordinance. The "Authorizing Ordinance" means Ordinance No. approving this Agreement. 1.2. CITY. The "CITY" means the City of Temecula, a California municipal corporation, duly organized and existing under the Constitution and laws of the State of California, and all of its officials, employees, agencies and departments. 1.3. City Council. "City Council" means the duly elected and constituted city council of the CITY. 1.4. Development. "Development" means the improvement of the Property for purposes consistent with the Project's land use authorization, including, without limitation: grading, the construction of infrastructure and public facilities related to the Off -site Improvements and On -Site Improvements, the construction of structures and buildings and the installation of landscaping. 1.5. Development Agreement Legislation. The "Development Agreement Legislation" means Sections 65864 through 65869.5 of the California Government Code as it exists on the Effective Date. 1.6. Development Fees. "Development Fees" means development impact and processing fees imposed on the Development as conditions of development as more particularly set forth in Section 4.2. 1.7. Development Plan. The "Development Plan" consists of this Agreement, the Existing Regulations, and those Future Development Approvals, if any, contemplated, necessary, and requested by OWNER to implement the land uses authorized by the Project. 1.8. Effective Date "Effective Date" means the date the Authorizing Ordinance becomes effective. 1.9. Existing Regulations. "Existing Regulations" means those ordinances, rules, regulations, policies, requirements, guidelines, constraints or other actions of the CITY, other than site- specific Project Approvals, which purport to affect, govern or apply to the Property or the implementation of the Development Plans in effect on the Effective Date. Existing Regulations FADEP7STLANNINGWTAFFRFra73PA99 Dnel"pAnt ABcm &c 3 shall also include the text of the zoning district designations of any zoning district applicable to the site of the Project in effect on the Effective Date. 1.10. Future Development Aporovals. "Future Development Approvals" means those entitlements and approvals contemplated, necessary, and requested by CITY or OWNER to cause the Development to occur upon the Property subsequent to completion of the Project and approved by the City currently upon or after the Effective Date. The parties hereto expressly anticipate Owner will institute mixed uses on the property that may include some combination of Business Park -Light Industrial, Office Professional, Residential and Commercial uses. 1.11. Off site Improvements. "Off -site Improvements" means physical infrastructure improvements or facilities which are not and will not be located on the Property. Certain Off -site Improvements may be specifically addressed in this Agreement; all others will be dependent upon the Development and the required Future Development Approvals. 1.12. On -site Improvements. "On -site Improvements" means physical infrastructure improvements or facilities that are or will be located on the Property. Certain On -site Improvements may be specifically addressed in this Agreement; all others will be dependent upon the Development and the required Future Development Approvals. 1.13. OWNER "OWNER" is initially PALA RAINBOW, LLC and all successors in interest, in whole or part, to this entity. 1.14. Planning Commission. "Planning Commission" means the duly appointed and constituted planning commission of CITY. 1.15. Project. "Project" means the adoption of this Agreement thus securing the scope and intensity of land uses to be developed upon the parcel which is approximately fourteen and three tenths (14.3) acres in area and which is generally located adjacent to State Highway 79 South at Pala Road. The uses permitted and scope of the Development shall be consistent with the development standards set forth in the zoning district in effect on the Effective Date (copies of which are attached hereto as Exhibit °B" and incorporated herein by this reference) subject to the express limitations in this Agreement. Under this Agreement, the following uses are classified as General merchandisetretail store uses: camera shops, clothing sales, computer sales and service, furniture sales, and hardware stores. In addition, this Agreement also permits one of these general merchandise/retail stores to be as large as 20,000 square feet. 1.16 Project Approval. "Project Approval" means the accomplishment of the actions as described in Section 1. IS. 2. General Provisions, 2.1. Binding Covenants. The provisions of this Agreement to the extent permitted by law shall constitute covenants which shall run with the Property for the benefit thereof:, and the benefits and burdens of this Agreement shall bind and inure to the benefit of the parties and all successors in interest to the parties hereto. FADF.Pr9TLAW1NGWPAFFRP 73PA99 Devdap w AyamalAoc 2.2. Interest of OWNER. OWNER represents that OWNER has a legal interest in the Property. 2.3. J=. The term (hereinafter called "Term ") of this Agreement shall commence on the Effective Date and shall extend for a period of ten (10) years thereafter terminating at the end of the day preceding the tenth (10th) anniversary of the Effective Date, subject to specific extensions, revisions and termination provisions of this Agreement. 2.4. Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: 2.4. 1. If termination occurs pursuant to any specific provision of thisAgreement; 2.4.2. Completion of the total build -out of the Development pursuant to the terms of this Agreement and the CITY's issuance of all required occupancy permits and acceptance of all dedications and improvements required to complete Development; or 2.4.3. Entry after all appeals have been exhausted of a final judgment or issuance of a final order directed to the CITY as a result of any lawsuit filed against the CITY to set aside, withdraw, or abrogate the approval of the City Council of this Agreement for any part of the Project. The termination of this Agreement shall not affect any right or duty arising independently ' from entitlements issued by CITY or other land use approvals approved prior to, concurrently or subsequent to the approval of this Agreement. 2.5. Transfers and Assienments. 2.5.1. Risk to Assimt. OWNER shall have the right from time to time and on such number of occasions as it chooses to sell, assign or otherwise transfer all or any portion of its interests in the Property together with all its right, title and interest in this Agreement, or the portion thereof which is subject to transfer (the "Transferred Property") to any person or entity at any time during the Term of this Agreement; provided, however, that any such transfer or assignment must be pursuant to a sale, assignment or other transfer of the interest of OWNER in the Property, or a portion thereof. In the event of any such sale, assignment, or other transfer, (i) OWNER shall notify CITY within twenty (20) days of such event of the name of the transferee, together with the corresponding entitlements being transferred to such transferee and (ii) the agreement between OWNER and such transferee pertaining to such transfer shall provide that either OWNER or the transferee shall be liable for the performance of those obligations of OWNER under this Agreement which relate to the Transferred Property, if any. Each transferee and OWNER shall notify CITY in writing which entity shall be Gable for the performance of each respective obligations. 2.5.2. Rights of Successors and Assigns. Any and all successors and assigns of OWNER shall have all of the same rights, benefits and obligations of OWNER under this ' Agreement. eAnerrsMANNI iOsrnrtRrnar3PA99 nwdop .Avvwnadw 5 2.6. Amendment of Development Agreement, 2.6.1. Initiation of Amendment. Either party may propose an amendment to this Agreement and both parties agree that it may be beneficial to enter into additional agreements or modifications of this Agreement in connection with the implementation of the separate components of the Project. 2.6.2. Procedure. Except as set forth in Section 2.6.4 below, the procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance. 2.6.3. Consent. Except as expressly provided in this Agreement, any amendment to this Agreement shall require the written consent of both parties. No amendment to all or any provision of this Agreement shall be effective unless set forth in writing and signed by duly authorized representatives of each of the parties. 2.6.4. Operating Memoranda. The parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Development and with respect to those items covered in general terms under this Agreement. If and when the parties mutually find that changes, adjustments, or clarifications are appropriate to further the intended purposes of this Agreement, they may, unless otherwise required by law, effectuate such changes, adjustments, or ' clarifications without amendment to this Agreement through operating memoranda mutually approved by the parties, which, after execution, shall be attached hereto as addenda and become a part hereof and may be further changed and amended from time to time as necessary, with further approval by City Manager, on behalf of the CITY and by any corporate officer or other person designated for such purpose in a writing signed by a corporate officer on behalf of OWNER- Unless otherwise required by law or by the Project Approvals, no such changes, adjustments, or clarifications shall require prior notice or hearing. 3. Description of Development 3.1. Develonment and Control of Development. 3.1.1. Project. While this Agreement is in effect, OWNER shall have the vested right to implement the Development authorized by the Project pursuant to this Agreement and the Project Approvals and CITY shall have the right to control the Development in accordance with the terms and conditions of this Agreement. Except as otherwise specified in this Agreement, the Existing Regulations shall control the design and development, Future Development Approvals and all On -Site Improvements and Off -Site Improvements and appurtenances in connection therewith. 3.1.2. Timing of Development. Regardless of any future enactment, by initiative, or otherwise, OWNER shall have the discretion to develop the Future Development in one phase or in multiple phases at such times as OWNER deems appropriate within the exercise of its subjective business judgment. Specifically, CITY agrees that OWNER shall be entitled to apply for and receive permits, maps, occupancy certificates and other entitlements to develop and use the FADF1rr" .ANNW(WAFFRFM73PA" Dm1opmu9 A$e®mo-dw 6 Property at any time, provided that such application is made in accordance with this Agreement and the Existing Regulations. The parties hereto expressly reject the holding of Pardee Construction Company v City of Camarillo. 37 Cal. 3d 465 (1984) as regards any authority regulating the phasing of the Development. 3.13. Entitlements. Permits and Approvals - Cooperation. A. Procedure without a land use plan. Upon satisfactory completion by OWNER of all required preliminary actions, applications, studies, and payments of appropriate processing fees, if any, CITY shall, subject to all legal requirements, diligently process, and complete at the earliest reasonable time all required steps, and expeditiously act upon approvals and permits necessary for Future Development Approvals anticipated under this Agreement including, but not limited to, the following: (1) The processing of applications for and issuing of all discretionary approvals requiring the exercise of judgment and deliberation by CITY, including without limitation, the Future Development Approvals; (2) The holding of any required public hearings; (3) The processing of applications for and issuing of all ministerial approvals requiring the determination of conformance with Existing Regulations, including, without limitation, site plans, grading plans, improvement plans, building plans and specification, and ministerial issuance of one or more final maps, zoning clearances, grading permits, improvement permits, wall permits, building permits, lot line adjustments, encroachment permits, temporary use permits, certificates of use and occupancy approvals and entitlements and related matters as necessary for the completion of the development of the Property. B. Procedure with land use plan. Notwithstanding the foregoing, if OWNER elects, at its own sole cost, to prepare and process a comprehensive land use plan for the subject real property, then the further processing of such further approvals shall be done administratively and as set forth in the land use plan. The land use plan shall be reviewed and approved by the CITY by and through its Planning Commission and, if necessary, its City Council. An example of the nature and scope of the land use plan contemplated for the subject real property is the plan prepared for the regional mall project in the City of Temecula. 3.1.3.1. Further Mitigation. In connection with the completion of the Project, OWNER shall be responsible for the satisfaction of any mitigation measures that depend on, act upon, or relate to Future Development Approvals. In connection with the issuance of any Future Development Approvals which are subject to review under CEQA, unless required ' under CEQA, the CITY shall not impose any environmental land use alternatives or mitigation F:\DEPrS\PLANNING\STAFFRYM73PA99 tavdopund Agrr®emdw 7 ' measures in addition to those referenced in the Project Approvals or deemed reasonably necessary in fight of the development activity proposal. 3.1.3.2. Other Permits. CITY further agrees to reasonably cooperate with OWNER in securing any County, State and Federal permits or authorizations which may be required in connection with development of the Project. This cooperation shall not entail any economic contribution by City. 3.2. Rules. Regulations and Official Policies. Except as otherwise specified in this Agreement and the Project Approvals, the rules, regulations and official policies governing the permitted uses of the Property, the density and intensity of use of the Property, the provisions for reservation or dedication of land for public purposes and the design, improvement and construction standards and specifications applicable to Development of the Property shall be the Existing Regulations. In connection with any subsequent approval or action which CITY is permitted or has the right to make under this Agreement relating to the Project, CITY shall exercise its discretion or take action in a manner which complies and is consistent with this Agreement, the Existing Regulations and such other standards, terms and conditions contained in this Agreement. An overview and non - exhaustive fist of Existing Regulations is fisted in Exhibit "C ". CITY has certified two copies of each of the documents fisted on Exhibit "C ". CITY has retained one set of the certified documents and has provided OWNER with the second set. 3.3. Reserved Authority. 3.3.1. Uniform Codes. This Agreement shall not prevent CITY from applying new rules, regulations and policies relating to uniform codes adopted by the State of California, as State Codes, such as the Uniform Building Code, National Electrical Code, Uniform Mechanical Code or Uniform Fire Code, as amended, and the application of the aforementioned uniform codes is hereby approved including as the same may be amended by CITY from time to time. 33.2. State and Federal Laws and Regulations. In the event that State or Federal laws or regulations prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. Notwithstanding the foregoing, CITY shall not adopt or undertake any regulation, program or action, or fail to take any action which is inconsistent or in conflict with this Agreement until CITY makes a finding that such regulation, program action or inaction is required (as opposed to permitted) to comply with such State and Federal laws or regulations after taking into consideration all reasonable alternatives. 3.33. Regulation for Health and Safety. Notwithstanding anything to the contrary in this Agreement, CITY shall have the right to apply CITY regulations (including amendments to the Existing Regulations) adopted by the CITY after the Effective Date, in connection with any Future Development Approvals, or deny, or impose conditions of approval on, any Future Development Approvals in CITY's sole discretion if such application is required to FADEPrS LANNINGVTAFFRYM73PA " Dn%WpwA1 A0"®n.6X 8 protect the physical health and safety of existing or future occupants of the Property, or any portion thereof or any lands adjacent thereto. 3.4. Vested Right. By entering into this Agreement and relying thereupon, OWNER is obtaining vested rights to proceed with the Development anticipated by the Project in accordance with the terms and conditions of this Agreement, and in accordance with, and to the extent of, the Project Approvals. By entering into this Agreement and relying thereupon, CITY is securing certain public benefits which enhance the public health, safety and welfare, a partial listing of which benefits is set forth in Section 4.1. CITY therefore agrees to the following: 3.4.1. No Conflicting Enactments. Except as provided in Section 3.3 of this Agreement, neither the City Council nor any other agency of CITY shall enact a rule, regulation, ordinance or other measure (collectively `law") applicable to the Property which is inconsistent or in conflict with this Agreement. Any law, whether by specific reference to the Development Agreement or otherwise, shall be considered to conflict if it has any of the following effects: (i) Limits or reduces the density or intensity of the Development as regulated by the Existing Regulations or otherwise requires any reduction or increase in the number, size or square footage of lot(s), structures, buildings or other improvements; or ('u) Applies to the Property, but is not uniformly applied by the CITY to all substantially similar development within the CITY. ' 3.4.2. Consistent Enactments. By way of enumeration and not limitation, the following types of enactments shall be considered consistent with this Agreement and Existing Regulations and not in conflict: (i) Relocation of structures within the Property pursuant to an application from OWNER; and from OWNER (n) Changes in the phasing of the development pursuant to an application (iii) Any enactment authorized by this Agreement. 3.4.3. Initiative Measures. In addition to and not in limitation of the foregoing, it is the intent of OWNER and CITY that no moratorium or other limitation (whether relating to the development of all or any part of the Project and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), site development permits, precise plans, site development plans, building permits, occupancy certificates or other entitlements to use approved, issued or granted within CITY, or portions of CITY, shall apply to the Project to the extent such moratorium or other limitation would restrict OWNER's right to develop the Project in such order and at such rate as OWNER deems appropriate. CITY agrees to cooperate with OWNER in all reasonable manners in order to keep this Agreement in full force and effect. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action. In the event of any litigation challenging the effectiveness of F:XDEFMLINNNQ\WrAFFRM73PA99 Dewhpmem.vamcd.doc 9 this Agreement, or any portion hereof this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending. 3.4.4. Consistency Between This Agreement and Current Laws. CITY represents that at the Effective Date there are no rules, regulations, ordinances, policies or other measures of the CITY in force as of the Agreement Date that would interfere with Development and use of all or any part of the Property according this Agreement. 3.5. Future Amendments to Development Plan. The following rules apply to future amendments to the Development Plan: 3.5.1. OWNER's Written Consent. Any Development Plan amendment to which OWNER does not agree in writing shall not apply to the Property or the Project while this Agreement is in effect. 3.5.2. Concurrent Development Agreement Amendment. Any Development Plan amendment requiring amendment of this Agreement shall be processed concurrently with an amendment to this Agreement. 3.5.3. Effect of Amendment. Except as expressly set forth within this Agreement, a Development Plan amendment will not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Agreement. ' 4. Obligations of the Parties. 4.1. Benefits to CITY. The direct and indirect benefits MY (including, without limitation the existing and future residents of CITY) will receive pursuant to the implementation of the Agreement include, but are not limited to, the following: 4.1.1. Comprehensive Planning. Providing a comprehensive planning effort; 4.1.2. Short Term Employment. Creating substantial employment opportunities through the construction and development phase; 4.1.3 Lone Term Employment. Creating substantial employment opportunities subsequent to the Development; 4.1.4 Improvements. The development of the Property, including offsite infrastructure improvements; and 4.1.5 Settlement of Litigation. The adoption of this Agreement shall result in the settlement of an eminent domain action between the parties. 4.2. Development Fees. Certain presently undefined development impact and processing fees will be imposed on the Future Development Approvals as conditions of approval. ' Owner shall be responsible for payment of such fees as they may become due. The fees charged by the City of Temecula shall be at the rate effective for such action on January 1, 1999. F:MEP WLANNINGSTAFFRFM73PA99 Davdopwad Apeamemdoe 10 4.3. Dedications and Exactions. Future Development Approvals will be reviewed in a manner consistent with the general review procedures of the CITY accorded the particular type of Future Development Approval being sought and necessary conditions imposed in a manner consistent with this Agreement. 4.3.1. Curb Cut Access to Subject Property. CITY agrees to process, in a reasonable and customary manner, the amendments to that certain Memorandum of Understanding with CalTrans and the County of Riverside (identified as the "Highway 79 South M.O.U. ") as regards access to the subject property. CITY shall bear no costs other than those related to its reasonable allocation of personnel necessary to accomplish the amendment. Any and all costs shall be borne by OWNER The area of the curb cut activity is as defined on Exhibit "D" attached hereto. 4.3.2 Jedediah Smith Road Extension South of Highway 79. A. Construction Component CITY agrees to contribute an amount equal to one -third of the total costs involved in the extension of the storm drain necessary to permit the extension of Jedediah Smith Road. Notwithstanding any of the contrary in no instance shall CITY's contribution to the construction component exceed One Hundred Thousand Dollars ($100,000.00). The costs of which contributions are permissible include engineering costs, permit application costs, environmental studies and project specific professional services. CITY shall contribute its proportionate share of the construction monies at any time subsequent to OWNER's commencement of the storm drain construction process, as demonstrated by OWNER's obtaining a CITY building permit. Upon receipt of a detailed invoice from OWNER describing the basis of the funding request and showing the amount sought is one -third (1/3) of the total monies expended, CITY will promptly deliver the portion of the funds for the current stage of construction to OWNER Exhibit "E" attached hereto describes the general physical location of the storm drain in relation to Jedediah Smith Road within the public right -of -way. B. Plan Check and Permit Fee Waiver CITY agrees to waive its routinely charged fees for plan check and permits for the storm drain construction described in Section 4.3.2A above. C. Further Cooperation CITY will reasonably cooperate in coordinating the storm drain project with the OWNER and County of Riverside to facilitate the efficient development of the facility, including, without limitation, the City's encouragement of the County to contribute its funds to the City, and commitment to administer such funds consistent with the procedures set forth in Section 4.3.2.A. ' FADPPrFTLANNMa%8TAFFRM73PA99 De dopme t A,peemadAoo I ' 4.3.3 Administrative Discretion - Site Design and Planning. The OWNER and CITY recognize that certain on -site circumstances may require deviation from the strict application of CITY's zoning standards. The CITY desires to allow for the administrative discretion of certain of the design issues for the facilitation of OWNER's site planning purposes. The CITY hereby authorizes the City Manager, or his or her designee, to act on or to determine that such matter should be acted upon by the CITY Planning Commission, the following issues: A Reduced Set Back on Mobway 79 South and Pala Road The front yard set back may be reduced to zero, or any dimension less than the generally applicable front yard setback amount, in the discretion of the City Manager after consideration of the OWNER's proposals and subject to reasonably accepted planning principles. B. On -site Landscape Area Requirements Incorporating Wetlands Miitistation Area The parties recognize that a portion of land owned by OWNER is currently limited in its development potential because it is reserved as wetlands mitigation land. The City Manager, or his or her designee, may, in their reasonable discretion, allow all or some portion of the wetland mitigation area (as shown on Exhibit "F") to be calculated as a portion of OWNER'& on -site landscaping requirements for the approximately 14.3 acre subject site. 4.4 Limitation on Restaurant Uses. Concurrently with the quit claim referenced in Section 4.5(Bx1), OWNER agrees to impose, to the reasonable satisfaction of CITY, covenants and conditions upon that portion of the Property located west of Pala Road which serve to prohibit drive -in restaurant uses on such portion of the Property. The restricted area is shown on Exhibit "G." The covenants shall insure that no diminution or release of the land use limitation may occur without the prior written consent of CITY. 4.5 Related Real Pronerty Conveyances, Conditions to Develooment Agreement A Intent of the Parties The CITY and OWNER agree that the timely completion of the related real estate transactions described hereafter are a material component of the consideration each party has relied upon in its respective decision to enter into this Agreement. OWNER and CITY, individually and collectively, represent that neither party would have entered into this Agreement but for the promises of the other to transfer the interests in real property described hereunder to the other party. Further, OWNER and CITY, individually and collectively, agree that the failure of any one of the conveyances to be completed in a timely manner will be an event of default under Section 10 of this Agreement. FADEVrSWLANN1K(WAFFRMMPAW Devekpmaa A dm 12 1 , B. o 9ti1 o • ! from ! _ Basement •1. Road , • l CITY, pursuant to the deeding instrument recorded as 91436 -RS 54/89 -90 previously was granted a nonspecific easement by OWNER over a portion of the property subject to the jurisdiction of this Agreement. This property is generally described on Exhibit "M -2" hereto. CITY, agrees to, after the Effective Date of this Agreement and concurrently with the conveyance identified in Section 4.5(c)(1) and 4.6 below, deliver to OWNER a quit claim deed describing the interest presently held by CITY and conveying the same to OWNER. r --irl •�. : 11 CITY has previously had dedicated to it, for public purposes, that certain real property described on Exhibit "M -1 ". The CITY received its interest from the entity identified as "KUFKLA." CITY will deliver a quit claim deed to OWNER quit claiming the interest identified on Exhibit "M -1" concurrently with the delivery of the quit claim deed described in Section 4.5(Bxl) above. 3. OWNER's Purchase of City of Temecula Real Property CITY presently owns fee title to that certain parcel of real property identified on Exhibit "M -3" for the portion of real property shown as Area A. OWNER has offered ' to purchase, and CITY has conditionally agreed to sell, subject to the satisfaction of its customarily required proceedings and conditions, the parcel for the sum of Four Dollars ($4.00) per square foot. The parcel is 28,053 square feet in area, resulting in a sales price of One Hundred Twelve Thousand, Two Hundred and Twelve Dollars ($112,212.00). OWNER has agreed to convey, in addition to the real property described in the Action, an additional 12 -feet of right -of -way on both sides of Pala Road to provide for the ultimate width of 134 feet as shown on the CITY Circulation Element of the General Plan, all as shown on Exhibit "M4" hereto. CITY has agreed to pay $4.00 per square foot for the additional right -of -way less any consideration provided for in the eminent domain action for permanent use by the CITY (i.e., slope easements.) The parties agree that the value CITY conveyed to OWNER in the Action is as set forth hereunder. The subject property is specifically described on Exhibit "M4", hereon, as Parcels 1 & 2 of that exhibit. Parcel 1 is on the westerly side and has an area of 3,370 SF. The eminent domain action provides for a slope easement over that area (Parcel J) at a cost of $2/sq. ft. The additional consideration for Parcel 1 would be 3,370 SF at $2.00 /sq. ft. _ $6,740. Parcel 2 is on the easterly side and has an area of 5,744 SF. The eminent domain action provides for a slope easement over 4,299 SF of that area (Parcel NO at a FAMPTSTLANKINGSTAFFILMMPA99 Dmlapmat A0a®rnl.da 13 ' cost of $0.75 /SF. The additional consideration for Parcel 2 would be 5,744 at $4.00 /SF less 4,299 SF at $0.75/SF or $19,751.75. Total consideration for the additional right -of -way is 526,491.75. 2. OWNER has agreed to enter into a License Agreement ("License ") substantially in the form attached hereto as Exhibit "H" for the purpose of insuring CITY access to the wetlands mitigation area described in the Action as Parcel B. The License shall be conveyed at such time as OWNER receives consideration, in the amount of One Dollar ($ 1.00), from the CITY. 4.6 Termination of Eminent Domain Action. In addition to the other compensation in this Agreement, the entire deposit in the eminent domain action (Riverside County Superior Court Case No. RIC referred to in the rest of this section as the "Action ") of Two Hundred Ninety -five Thousand Dollars ($295,000.00), plus any interest that accrued on the deposit, shall be immediately released to OWNER Once OWNER receives such funds, OWNER shall, at CITY's option, either (a) stipulate to a final order of condemnation for the "subject property" defined in the Complaint in Eminent Domain in the Action, or (b) sign and deliver a deed transferring said "subject Property' to CITY, with CITY then dismissing OWNER from the Action. 5. Further Assurances to OWNER Reeardine Exercise of Reserved Authority, 5.1. Adontion of General Plan and Granting of Other Project Approvals. In preparing and adopting any general plan amendment, zoning district change and in granting the ' other Project Approvals, CITY reserves its right to and shall consider the health, safety and welfare of the residents of CITY. 5.2. Assurances to OWNER The parties further acknowledge that the public benefits to be provided by OWNER to CITY pursuant to this Agreement are in consideration for and reliance upon assurances that the Property can be developed in accordance with the Project Approvals and this Agreement. Accordingly, while recognizing that the Development of the Property may be affected by exercise of the authority and rights reserved and excepted as provided in Sections 3.3.1 and 3.3.2. ( "Reserved Authority ") or this Agreement, OWNER is concerned that normally the judiciary extends to local agencies significant deference in the adoption of land use regulations which might permit CITY in violation of the Reserved Authority, to attempt to apply regulations which are inconsistent with the Project Approvals pursuant to the exercise of the Reserved Authority. Accordingly, OWNER desires assurances that CITY shall not and CITY agrees that it shall not hither restrict or limit the development of the Property in violation of this Agreement except in strict accordance with the Reserved Authority. 5.3. Judicial Review. Based on the foregoing, in the event OWNER judicially (including by way of a reference proceeding) challenges the application of a future land use regulation as being in violation of this Agreement and as not being a land use regulation adopted pursuant to the Reserved Authority, OWNER shall bear the burden of proof in establishing that such rule, regulation or policy is inconsistent with the Existing Regulations and the Project Approvals and CITY shall thereafter bear the burden of proof in establishing that such regulation ' was adopted pursuant to and in accordance with the Reserved Authority and was not applied by CITY in violation of this Agreement. M)EFT'SM ANNINGSTAPFRM73PA99 Developnmt ApeaontAoe 14 6. Indemnification. Except to the extent of the gross negligence or willful misconduct of the Indemnified Parties (as defined below), OWNER, and with respect to the portion of the Property transferred to them, the transferee agree: (i) to indemnify, defend, and hold harmless the Indemnified Parties from and against each and every claim, action, proceeding, cost, fee, legal cost, damage, award or liability of any nature arising from alleged damages caused to third parties and alleging that CITY is liable therefor as a direct or indirect result of CITY's approval of this Development Agreement. OWNER's duties under this Section 6(i) are solely subject to and conditioned upon the Indemnified Parties' written request to OWNER to defend and/or indemnify CITY. Without in any way limiting the provisions of this Section 6(i), the parties hereto agree that this Section 6 (1) shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Agreement Date. (ii) during the term of this Agreement, to defend CITY and its agents, officers, contractors, attorney, and employees (the "Indemnified Parties ") from and against any claims or proceeding against the Indemnified Parties to set aside, void or annul the approval of this Development Agreement. CITY shall retain settlement authority with respect to any matter provided that prior to settling any such lawsuit or claim, OWNER shall provide CITY with a minimum ten (10) business days written notice of its intent to settle such lawsuit or claim. If CITY(in its reasonable discretion) does not desire to settle such lawsuit or claim, it may notify OWNER of the same, in which event OWNER may still elect to settle the lawsuit or claim as to itself, but CITY may elect to continue such lawsuit, but at OWNER's cost and expense, so long as the CITY's decision is ' predicated upon a legitimate and articulated threat to either the exercise of its police powers or a risk of harm to those present within the CITY. 7. Relationship of Parties. The contractual relationship between CITY and OWNER is such that OWNER is an independent contractor and not the agent or employee of CITY. CITY and OWNER hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained in this Agreement or in any document executed in connection with the Project shall be construed as making CITY and OWNER joint venturers or partners. 8. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties in the manner provided for in Government Code Section 65868. No amendment or modification of this Agreement or any provision hereof shall be effective unless set forth in writing and signed by duly authorized representatives of each party hereto. This provision shall not limit CITY's or owner remedies as provided by Section 10. 9. Periodic Review of Compliance with Agreement 9.1. Periodic Review. CITY and OWNER shall review this Agreement at least once every 12 -month period from the date this Agreement is executed. CITY shall notify OWNER in writing of the date for review at least thirty (30) days prior thereto. Such periodic review shall be conducted in accordance with Government Code Section 65865.1. ' FOEPISTLANNINGSPAFFRPnMA" De 1013nra AVVCMW w 15 9.2. Good -Faith Compliance During each periodic review, OWNER shall be required to demonstrate good faith compliance with the terms of this Agreement. OWNER agrees to furnish such reasonable evidence of good faith compliance as CITY, in the exercise of its reasonable discretion, may require. If requested by OWNER, CITY agrees to provide to OWNER, a certificate that OWNER or a Development Transferee is in compliance with the terns of this Agreement, provided OWNER reimburses CITY for all reasonable and direct costs and fees incurred by CITY with respect thereto. 9.3. Failure to Conduct Annual Review. The failure of the CITY to conduct the annual review shall not be an OWNER default. Further, OWNER shall not be entitled to any remedy for CITY failure to conduct this annual review. 9.4. Initiation of Review by City Council. In addition to the annual review, the CITY Council may at any time initiate a review of this Agreement by giving written notice to OWNER. Within thirty (30) days following receipt of such notice, OWNER shall submit evidence to the CITY Council of OWNER's good faith compliance with this Agreement and such review and determination shall proceed in the same manner as provided for the annual review. The City Council shall initiate its review pursuant to this Section 9.4 only if it has probable cause to believe the CITY's general health, safety or welfare is at risk as a result of specific acts or failures to act by OWNER. 9.5 Administration of Agreement Any decision by CITY staff concerning the interpretation and administration of this Agreement and Development of the Property in accordance herewith may be appealed by OWNER to the City Council, provided that any such appeal shall be Sled with the City Clerk within ten (10) days after OWNER receives notice of the staff decision. The City Council shall render, at a noticed public hearing, its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. 9.6. Availability of Documents. If requested by OWNER, CITY agrees to provide to OWNER copies of any documents, reports or other items reviewed, accumulated or prepared by or for CITY in connection with any periodic compliance review by CITY, provided OWNER reimburses CITY for all reasonable and direct costs and fees incurred by CITY with respect thereto. CITY shall respond to OWNER's request on or before ten (10) business days have elapsed from CITY's receipt of such request. 10. Events of Default: Remedies and Termination. Unless amended or canceled as provided in Section 8, or modified or suspended pursuant to Government Code Section 65869.5 or terminated pursuant to this Section 10, this Agreement is enforceable by either party hereto. 10.1. Defaults by OWNER. If CITY determines on the basis of a preponderance of the evidence that OWNER has not complied in good faith with the terms and conditions of this Agreement, CITY shall, by written notice to OWNER, specify the manner in which OWNER has failed to so comply and state the steps OWNER must take to bring itself into compliance. X within sixty (60) days after the effective date of notice from CITY specifying the manner in which OWNER has failed to so comply, OWNER does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then OWNER shall be deemed to be in default under the terms of this Agreement. CITY may F1DEP181PIANNDKINSTMTRP'nYMA99 Devdopnmxd AV ®cnLdw 16 ' terminate this Agreement pursuant to Government Code Section 65865.1. OWNER agrees that its default hereunder is a conclusive representation that it is consenting to the cancellation of this Agreement. In event of default by OWNER, except as provided in Section 10.3, CITY's sole remedy for any breach of this Agreement by OWNER shall be CITY's right to terminate this Agreement. 10.2. Defaults by CITY. If OWNER determines on the basis of a preponderance of the evidence that CITY has not complied in good faith with the terms and conditions of this Agreement, OWNER shall, by written notice to CITY, specify the manner in which CITY has failed to so comply and state the steps CITY must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from OWNER specifying the manner in which CITY has failed to so comply, CITY does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then CITY shall be deemed to be in default under the terms of this Agreement and OWNER may terminate this Agreement and, in addition, may pursue any other remedy available at law or equity, including specific performance as set forth in Section 10.3. 10.3. Specific Performance Remedy. Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts. For the above reasons, CITY and OWNER agree that damages would not be an adequate remedy if CITY fails to carry out its obligations under this Agreement and that OWNER shall have the right to seek and obtain specific performance as a remedy for any breach of this Agreement. CITY and OWNER further acknowledge that, if OWNER fails to carry out its obligations under this Agreement, CITY shall have the right to refuse to issue any permits or other approvals which OWNER would otherwise have been entitled to pursuant to this Agreement. Therefore, CITY's remedy of terminating this Agreement shall be sufficient in most circumstances if OWNER fails to tarty out its obligations hereunder. Notwithstanding the foregoing, if CITY issues a permit or other approval pursuant to this Agreement in reliance (explicitly stated in writing) upon a specified condition being satisfied by OWNER in the future, and if OWNER then fails to satisfy such condition, CITY shall be entitled to specific performance for the sole purpose of causing OWNER to satisfy such condition. CITYs right to specific performance shall be limited to those circumstances set forth above, and CITY shall have no right to seek specific performance to cause OWNER to otherwise proceed with the Development of the Project in any manner. 10.4. Institution of Leeal Action. In addition to any other rights or remedies, OWNER or CITY may institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation hereof to recover damages for any default, or to obtain any other remedies consistent with the purpose of this Agreement. Such legal action shall be heard by a reference from the Riverside County Superior Court pursuant to the reference procedures of the California Code of Civil Procedure Sections 638, et sec. OWNER and CITY shall agree upon a single referee who shall then try all issues, whether of fad F: IDFrr"LNNIN6%SPAFFRrM73PA99 DeMWa AVa dx 17 or law, and report a finding and judgment thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy before him. If OWNER and CITY are unable to agree on a referee within ten (10) days of a written request to do so by either party hereto, either party may seek to have one appointed pursuant to the California Code of Civil Procedure Section 640. The cost of such proceeding shall initially be borne equally by the parties. Any referee selected pursuant to this Section 10.4 shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution. 10.5. Estonoel Certificates. Either party may at any time deliver written notice to the other party requesting an estoppel certificate (the "Estoppel Certificate ") stating: 10.5. 1. The Agreement is in full force and effect and is a binding obligation of the parties. 10.5.2. The Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments. 10.5.3. No default in the performance of the requesting party's obligations under the Agreement exists or, if a default does exist, the nature and amount of any default. A party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting party within thirty (30) days after receipt of the request. The City Manager or any person designated by the City Manager may sign Estoppel Certificates on behalf of the CITY. Any officer of OWNER may sign on behalf of OWNER An Estoppel Certificate may be relied on by assignees ' and mortgagees. 10.5.4. In the event that one party requests an Estoppel Certificate from the other, the requesting party shall reimburse the other party for all reasonable and direct costs and fees incurred by such party with respect thereto. 11. Waivers and Delays. 11.1. No Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to exercise its rights upon a default by the other party hereto, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. 11.2. Third Parties. Non - performance shall not be excused because of a failure of a third person, except as provided in Section 11.3. 11.3. Force Maieure. OWNER shall not be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond OWNER control, government regulations (including, without limitation, local, state and federal environmental and natural resource regulations), voter initiative or referenda, moratoria (including, without limitation, any "development moratorium" as that term is applied in Government Code Section 66452.6) or judicial decisions. RXD6FMLA4N1NG%STAFFRM73PA99 Dwdepmat Affe®rmdw 19 11.4. Extensions. The Term of this Agreement and the time for performance by OWNER or CITY of any of its obligations hereunder or pursuant to the Project Approvals shall be extended by the period of time that any of the events described in Section 11.3 exist and/or prevent performance of such obligations. In addition, the Term shall be extended for delays arising from the following events for a time equal to the duration of each delay which occurs during the Tenn: 11.4.1. Litigation. The period of time after the Effective Date during which litigation related to the Project Approvals or having the actual effect of delaying implementation of the Project is pending, including litigation pending on the Effective Date. This period shall include any time during which appeals may be Sled or are pending. 11.4.2. Government Agencies. Any delay resulting from the acts or omissions of the CITY or any other governmental agency or public utility and beyond the reasonable control of OWNER 11.5. Notice of Delay. OWNER shall give notice to CITY of any delay which OWNER believes to have occurred as a result of the occurrence of any of the events described in Section 11.3. For delays of six months or longer, this notice shall be given within a reasonable time after OWNER becomes aware that the delay has lasted six months or more. In no event, however, shall notice of a delay of any length be given later than thirty days after the end of the delay or thirty days before the end of the Term, whichever comes first. 12. Notices, All notices required or provided for under this Agreement shall be in writing and ' delivered in person or sent by certified mail, postage prepaid, return receipt requested. Notices required to be given to CITY shall be addressed as follows: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589 -9033 Attn.: Plainer Manager With a copy to: Richards, Watson & Gershon Thirty - Eighth Floor 333 South Hope Street Los Angeles, California 90071 -1469 Attn.: Peter M. Thorson, City Attorney Notices required to be given to OWNER shall be addressed as follows: Pala Rainbow, LLC 27349 Jefferson Avenue, Suite 102 Tememla, California 92590 Attn.: Michelle D. Schierberl, Managing Member FADErrs LANNRIGSTAFFRM73PA99 Developing Agre®aLdw 19 With a copy to: Lorenz Alhadeff Cannon & Rose, LLP 27555 Ynez Road, Suite 203 Temecula, California 92591 -4677 Ann.: Philip D. Oberhansley, Esq. Any notice given as required herein shall be deemed given only if in writing and upon delivery personally or by independent courier service. A party may change its address for notices by giving notice in writing to the other party as required herein and thereafter notices shall be addressed and transmitted to the new address. 13. Attomevs' Fees. If legal action is brought by either party against the other for breach of this Agreement, including actions derivative from the performance of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of its costs, including reasonable attorneys' fees, and shall also be entitled to recover its contribution for the costs of the referee referred to in Section 10.4 above as an item of damage and/or recoverable costs. 14, Recordin . This Agreement and any amendment or cancellation hereto shall be recorded, at no cost to CITY, in the Official Records of Riverside County by the City Clerk within the period required by Section 65868.5 of the Government Code. 15. Effect of Agreement on Title. 15.1. Effect on Title OWNER and CITY agree that this Agreement shall not continue as an encumbrance against any portion of the Property as to which this Agreement has terminated. 15.2. Encumbrances and Lenders' Riehts. OWNER and CITY hereby agree that this Agreement shall not prevent or limit any owner of any interest in the Property, or any portion thereof, at any time or from time to time in any manner, at its or their sole discretion, from encumbering the Property, the improvements thereon, or any portion thereof with any mortgage, deed of trust sale and leaseback arrangement or other security device. CITY acknowledges that any Lender (as hereinafter defined) may require certain interpretations of or modifications to the Agreement or the project and City agrees, upon request, from time to time, to meet with the property owner(s) and/or representatives of such Lenders to negotiate in good faith any such request for interpretation or modification. CITY further agrees that it will not unreasonably withhold its consent to any such requested interpretation or modification to the extent such interpretation or modification is consistent with the intent and purpose of this Agreement. A default under this Agreement shall not defeat, render invalid, diminish or impair the Gen of any Lender. The mortgagee of a mortgage or beneficiary of a deed of trust or holder of any other security interest in the Property or any portion thereof and their successors and assigns, including without limitation the purchaser at a judicial or non judicial foreclosure sale or a person or entity which obtains title by deed -in -lieu of foreclosure ( "Lender ") shall be entitled to receive a copy of any notice of Default (as defined in Section 10.1 hereof) delivered to OWNER and, as a pre - F:IDErr3TIANN1NG\STAFFRPIVTlPA" Devd"pmem AVWMUCd"" 20 ' condition to the institution of legal proceedings or termination proceedings, the CITY shall deliver to all such Lenders written notification of any default by OWNER in the performance of its obligations under this Agreement which is not sued within sixty (60) days (the "Second Default Notice") and shall allow the Lender(s) an opportunity to cure such defaults as set forth herein. The Second Notice of Default shall specify in detail the alleged default and the suggested means to cure it. After receipt of the Second Default Notice, each such Lender shall have the right, at its sole option, within ninety (90) days to cure such default or, if such default cannot reasonably be cured within that ninety (90) day period, to commence to cure such default, in which case no default shall exist and the City shall take no further action. Notwithstanding the foregoing, if such default shall be a default which can only be remedied by such Lender obtaining possession of the Property, or any portion thereof, and such Lender seeks to obtain possession, such Lender shall have until ninety (90) days after the date obtaining such possession to cure or, if such default cannot reasonably be cured within such period, then to commence to cure such default. Further, a Lender shall not be required to cure any non- curable default of OWNER, and any such default shall be deemed cured if any lender obtains possession. 16. Severability of Terms. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby if the tribunal finds that the invalidity was not a material part of consideration for either party. The covenants contained herein are mutual covenants. The covenants contained herein constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited parry. ' 17. Subsenoent Amendment to Authorizing Statutes This Agreement has been entered into in reliance upon the provisions of the Development Agreement Legislation in effect as of the Agreement Date. Accordingly, subject to Section 3.3.2 above, to the extent that subsequent amendments to the Government Code would affect the provisions of this Agreement, such amendments shall not be applicable to this Agreement unless necessary for this Agreement to be enforceable or required by law or unless this Agreement is modified pursuant to the provisions set forth in this Agreement and Government Code Section 65868 as in effect on the Agreement Date. 18. Rules of Construction and Miscellaneous Terms. 18.1. Interpretation and Governing Law. The language in all parts of this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. The parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of the CITY, and in particular, the CITY's police powers. In this regard, the parties understand and agree that this Agreement shall not be deemed to constitute the surrender or abnegation of the CITY's governmental powers over the Property. 18.2. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 18.3. Gender. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. P:SDP.rrsP1AMaNG18rAFMM73PA99 Defelopmrm Ape®ni40C 21 ' 18.4. No Joint and Several Liability. At any time that there is more than one OWNER, no breach hereof by an OWNER shall constitute a breach by any other OWNER. Any remedy, obligation, or liability, including but not limited to the obligations to defend and indemnify CITY, arising by reason of such breach shall be applicable solely to the OWNER that committed the breach. However, CITY shall send a copy of any notice of violation to all OWNERS, including those not in breach. 18.5. Time of Essence. Time is of the essence regarding each provision of this Agreement of which time is an element. 18.6. Recitals. All Recitals set forth herein are incorporated in this Agreement as though fully set forth herein. 18.7. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and the Agreement supersedes all previous negotiations, discussion and agreements between the parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 19. Extension of Mans. In accordance with Government Code Section 66452.6(a), any tentative map approved which relates to all or a portion of the Property shall be extended for the greater of (i) the Term of the Agreement or (ii) expiration of the tentative map pursuant to Section 66452.6, 20. Not for Benefit of Third Parties. This Agreement and all provisions hereof are for the exclusive benefit of CITY and OWNER and its Development Transferees and shall not be construed to benefit or be enforceable by any third party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year dated below. Dated: .1999 "CITY" CITY OF TEMECULA, a municipal corporation al Steven J. Ford, Mayor ATTEST: Susan Jones, CMC/AAE City Clerk F. \DEVr S\PLANNQd61STAFFRFr,273PA99 Dwd AVemmidoc 22 APPROVED AS TO FORM: City Attorney Dated: State of California ) ) ss County of ) On 1999 "OWNER" PALA RAINBOW, LLC By: Its: By: Its: before me, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature of Notary State of California ) ) ss County of ) F:Merrs rui+NnJCasrneeaPnrmr,9v I)MMPImA91=111.aM 23 On before me personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature of Notary F:OMSTL1NNINaSrAFFRPr1 MA99 Davdapmnu Avmm¢dw 24 PROPERTY OWNED BY PALA RAINBOW, LLC D.-a0puled Amax xs OYOY VIYd — — /1011113 41O to 4 UII l -({ d I,elr .rues ywad,+Wx " xrx alxdrllo ' I dIHSH3NMO Ala3dOad V 1ISIHX3 �l EXHIBIT B ZONING DISTRICT REGULATIONS F: \DEVMPLANNlNGSTAFFRFM73PA99 DWCIOP rrt AB*= �6no 26 EXHIBIT B PROPOSED DEVELOPMENT AREA FOR PALA RAINBOW L.L.C. IN TIE CITY OF" TE1ECLLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA HT - Highway Tourist Commercial PO - Professional Office W YIOILLt m110RR. WMKpO IOtl1 UM .mass awc, ymrz wI mmu. a. em ' CHAPTER 17.08 COMMERCIAL/OFFICE/INDUSTRIAL DISTRICTS SECTIONS: 17.08.010 Purpose and intent. 17.08.020 Description of commercial/ office /industrial districts. 17.08.030 Use regulations. 17.08.040 Development standards. 17.08.050 Special use regulations and standards. 17.08.060 Landscape requirements and standards. 17.08.070 Commercial /office/industrial performance standards. 17.08.080 Environmental standards. 17.08.010 PURPOSE AND INTENT. The following zoning districts are intended to provide regulations for the safe, efficient and creative design of the commercial, office and industrial areas within the city. The zoning districts are intended to be consistent with the land use designations that are described in the land use element of the Temecula general plan. In certain situations several zoning districts are established to implement the goals and objectives of the general plan. The commercial /office /industrial zoning districts are intended to permit the range of industrial or commercial uses in areas where uses are consistent with the general plan. It is further intended to accomplish the following: A. Provide for appropriate commercial areas to provide the city with a sound retail and industrial base with employment opportunities for the community. B. To ensure compatibility of retail commercial and office uses with adjacent land uses and to minimize traffic congestion and overloading of the city's utility systems. C. To encourage and assure that new commercial and industrial development will be planned in a comprehensive manner with high standards of architecture, landscape and site design. (Ord. 95-16 § 2 (part)) 17.08.020 DESCRIPTION OF COMMERCIAL/OFFICE/ INDUSTRIAL DISTRICTS. The purpose and intent of the zoning districts are described as follows: A. Neighborhood Commercial (NC). The neighborhood commercial designation includes smaller -scale business activities which generally provide retail or convenience services for the local residents in the surrounding neighborhood. Typical uses include traditional small food markets (floor area less than twenty-five thousand square feet), drug stores, clothing stores, sporting goods, offices, hardware stores, child care and community facilities. B. Community Commercial (CC). The community commercial designation includes retail, professional office and service- oriented business activities which serve the entire community. Community commercial areas typically include some neighborhood commercial uses as well as larger retail uses including department stores, theaters, restaurants, professional offices, specialty retail stores and shopping centers. InUUdes Amendments as of June 1, 1999 Chapter 17.08. 1 C. Highwaylrourist Commercial (HT). The highway commercial designation is intended to provide for those uses that are located adjacent to major transportation routes or within convenient access from freeway interchanges. Highway commercial development should be located near major arterials, and developed as clusters of commercial development rather than permitted to extend along the major streets. Typical uses may include tourist accommodations and lodging facilities, automobile service stations, restaurants, convenience shopping, and food stores, and gift shops. D. Service Commercial (SC). The service commercial designation is intended to provide for intensive commercial uses and selected light manufacturing uses that typically require extensive floor area. Typical uses include home improvement stores, discount retail stores, furniture stores, auto dealerships and auto service and repair. Warehousing and light manufacturing may be permitted as supporting uses for a business that is consistent with the service commercial designation. E. Professional Office (PO). The professional office designation includes primarily single- tenant or multi- tenant offices and may include supporting uses. The office developments are intended to include low rise offices situated in a landscaped garden arrangement and may include mid -rise structures at appropriate locations. Typical uses include legal, design, engineering or medical offices, corporate and governmental offices, community facilitiep. Limited supporting convenience retail and personal service (such as dry cleaners, barbers, shoe repair shop) commercial may be permitted to serve the needs of the on -site employees. A maximum of fifteen percent of the total square footage of the floor area shall be devoted to retail or personal service uses. F. Business Park District (BP). It is the intent of the business park zoning designation to develop well designed business and employment centers that include attractive and distinctive architectural design, innovative site planning, and substantial landscaping and visual quality. Typical uses may include administrative offices, research and development laboratories, custom made product manufacturing, processing, assembling, packaging, and fabrication of goods, such as jewelry, furniture, art objects, clothing, on -site wholesale of goods produced, and labor intensive manufacturing, assembly, and repair processes which do not involve frequent truck traffic. Retail uses are not permitted in this zoning district except as supporting a principal business park use (limited to fifteen percent (15 %) of the square footage of the development). G. Light Industrial District (LI). It is the intent of the light industrial zoning designation to promote the development of attractive comprehensively planned industrial uses that will help to provide the city with a sound and diverse industrial base. This district allows for a wide variety of industrial uses including manufacturing, compounding of materials, processing, assembling, packaging, treatment or fabrication of materials, and products which require frequent truck activity or the transfer of heavy or bulky items. Wholesaling, storage and warehousing within enclosed building, storage and wholesale to retailers from the premises of finished goods and food products are also allowed. Also included in this zoning district are the following uses; warehousing, freight handling, shipping, truck services and terminals, storage and wholesaling from the premises of unrefined raw or semirefined products requiring further processing or manufacturing. Storage of raw or finished materials may occur outside providing there is adequate screening from adjoining land use areas. Standards are provided to protect adjoining uses from excessive noise, odor, smoke toxic materials, and other potentially objectionable impacts. (Ord. 96 -19 § 2(EE)(part); Ord. 95 -16 § 2 (part); Ord 97 -17 § 2(D)) Indudes Amendments as of June 1, 1999 Chapter 17.08 - 2 17.08.030 USE REGULATIONS. The land uses list in the following Table 17.08.030 shall be permitted in one or more of the commercial zoning districts as indicated in the columns corresponding to each residential district. Where indicated with a letter "P" the use shall be a permitted use. Where indicated with a " -." the use is prohibited within the zone. A letter "C" indicates the use shall be conditionally permitted subject to the approval of a conditional use permit. Table 17.08.030 Schedule of Permitted Uses CommerciallOffice /Industrial Districts Description of Use N C I HT I S PO B 1 A Adult business - subject to Chapter 5.08 of the Temecula Municipal Code Aerobics /dance /gymnastics /jazzercise /martial arts studios (less than 5.000 sq. ft.) F P i P C Aerobics / dance /gymnastics /jazzercise /martial arts studios (greater than 5,000 sq. ft.) F P P Airports Alcoholism or drug treatment facilities C I C C Alcohol and drug treatment (outpatient) C C P Alcoholic beverage sales C Ambulance services P P Animal hospital /shelter F1 I P I P Antique restoration 0 1 C Antique sales F1 F1 I P I P Apparel and accessory shops F F P P Appliance sales and repairs (household and small appliances) Arcades (pinball and video games) C Art supply stores I F I P P1 I - Auction houses I C Auditoriums and conference facilities 4 C I C I a I C Automobile dealers (new and used) - Automobile sales (brokerage) - showroom only (new and used) -no outdoor display C C Automobile repair services C Automobile rental C Automobile painting and body shop Automobile salvage yards /impound yards Automobile service stations with or without an automated car wash P P C Automotive oil change /lube services with no major repairs C P F - Automotive parts sales P P F - Automotive service stations selling beer and /or wine- with or without an automated car wash C C' C1 C Indudes Amendments as of June 1. 1999 Chapter 17.06 - 3 Schedule of Permitted Uses ul�lC.-- II- J....bG.J I1i¢�win1¢ Description of Use NC 7dC HT dC I POI P ILI j B Bakery goods distribution R Bakery retail P R P Bakery wholesale Banks and financial institutions P P P Barber and beauty shops P R P IP I P Bed and breakfast P Bicycle (sales, rentals, services) P P P Billiard parlodpoolhall C C I C Binding of books and similar publications -1 Blood bank ? P P Blueprint and duplicating and copy services P P Bookstores If P li Bowling alley P Building material sales (with exterior storage/sales areas greater than 50 percent of total sales area) 1 Building material sales (with exterior storage /sales areas less than 50 percent of total sales area) ( C I? Butcher shop P P F' C I Cabinet shop Cabinet shops under 20,000 sq. ft. -no outdoor storage Camera shop (sales /minor repairs) Candy /confectionery sales F1 P Car wash, full service C Carpet and rug cleaning Catering services P, Clothing sales R' Coins, purchase and sales P. Cold storage facilities - Communications and microwave installations' Includes Amendments as Of June 1, 1999 Chapter 17.08. a Schedule of Permitted Uses Commercial /Office /Industrial Districts Description of Use N¢ CC HT 15C PO qP Communications equipment sales ¢ Community care facilities I i P P P ' Computer sales and service P I, I, I Congregate care housing for the elderly I P W ' P Construction equipment sales, service or rental Contractor's equipment, sales, service or rental Convenience market P C Costume rentals Crematoriums j Cutlery i P �D I Data processing equipment and systems ¢ P Day care centers 11, 1 P P Delicatessen G Ii, I P P Discount/department store Distribution facility Drug store /pharmacy F, P P Dry cleaners F, P P Dry cleaning plant C If E Emergency shelters I d C C Equipment sales and rentals (no outdoor storage) P if Equipment sales and rentals (outdoor storage) F Feed and grain sales Financial, insurance, real estate offices P P Fire and police stations P P Floor covering sales P Florist shop P P Food processing Fortunetelling, spiritualism, or similar activity P P InUutles Amendn»nts as of June 1, 1999 Chapter 17.08. 5 J Schedule of Permitted Uses commerctauvrrtcennousutat Description of Use us*u 1�� dC HT C PO P Freight terminals j Fuel storage and distribution j Funeral parlors, mortuary P Furniture sales I _ I Furniture transfer and storage G Garden supplies and equipment sales and service P Gas distribution, meter and control station General merchandise /retail store less than 10,000 sq. ft. C P Glass and mirrors, retail sales P Governmental offices less than 5,000 sq. ft. P P Grocery store, retail P C Grocery store, wholesale Guns and firearm sales H Hardware stores Health and exercise clubs (less than 5,000 sq. ft.) P C Health and exercise clubs (greater than 5,000 sq. ft.) I P Health food store P C Health care facility P P Heliports Hobby supply shop P Home and business maintenance service Is Hospitals C Hotels /motels P PP I Ice cream parlor P Impound yard Interior decorating service P P J Junk or salvage yard Includes Amendments as of June 1, 1998 1 Schedule of Permitted Uses ' V VIIIOIOI YIOII V IIIYCl, Description of Use N C CP HT C PO E P L i K Kennel C L Laboratories, film, medical, research or testing centers Laundromat P P Laundry service (commercial) Libraries, museums and galleries (private) C I C Liquified petroleum, sales and distribution Liquor stores C - Lithographic service Locksmith P P M Machine shop Machinery storage yard Mail order businesses F 11 1 1 R P Manufacturing of products similar to, but not limited to, the following: Custom -made product, processing, assembling, packaging, and fabrication of goods within enclosed building (no outside storage), such as jewelry, furniture, art objects, clothing, labor intensive manufacturing, assembling, and repair processes which do not involve frequent truck traffic. Compounding of materials, processing, assembling, packaging, treatment or fabrication of materials and products which require frequent truck activity or the transfer of heavy or bulky items. Wholesaling, storage, and warehousing within enclosed building, freight handling, shipping, truck services and terminals, storage and wholesaling from the premises of unrefined, raw or semirefined products requiring further processing or manufacturing, and outside storage. Uses under 20,000 sq. ft. with no outside stora e Massage P P Inclu0es Amendments as of June 1. 1999 Chapter 17.08 - 7 Table 17.08.030 Schedule of Permitted Uses i Commercial /Office /industrial Districts Description of Use C C HT SC PO U Medical equipment sales/rental P I P P I P Membership dubs, organizations, lodges I C C I C I C Mini - storage or Mini - warehouse facilities' I C P I C Mobilehome sales and service t P Motion picture studio P p Motorcycle sales and service P Fm—ovie theaters i ff Musical and recording studio L C C C t5 N Nightclubsltavems /bars /dance club /teen club I C C C Nurseries (retail) C P Nursing homes/convalescent homes C C C C C It O Office equipment/supplies, saies /services C P. P P I C Offices, administrative or corporate headquarters with greater than 50,000 sq.ft. 7 C C P Offices, professional services with less than 50,000 sq. ft., including, but not limited to, business law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, insurance P P , P I� II I P Paint and wallpaper stores P Parcel delivery services P P P Parking lots and parking structures C C I C Pawnshop P. P IT Personal service shops P P P P Pest control services C Pet grooming /pet shop P P, P Photographic studio P P, P P 1 Plumbing supply yard (enclosed or unenclosed) - Postal distribution Postal services P P. i P P IndU0es Amendment 25 of June 1, 1999 unapter 17.08 - 6 u 0 Schedule of Permitted Uses j Commerciat/Oifcefindustriai Districts Description of Use C I CC HT SC POI BPI LI Printing and publishing (newspapers, periodicals, C j books, etc.) Private utility facilities (Regulated by the Public P P Utilities Commission) O Reserved I i R Radio and broadcasting studios, offices - ( P P Radio /television transmitter Recreational vehicle parks C Recreational vehicle sales C ., Recreational vehicle, trailer, and boat storage within an enclosed building Recreational vehicle, trailer and boat storage - exterior yard Recycling collection facilities Recycling processing facilities 1 -1 F Religious institution, without a daycare or private school C G C Religious institution, with a private school c C C Religious institution, with a daycare c C d C Residential (one dwelling unit on the same parcel as a commercial or industrial use for use of the proprietor of the business) C C C Residential, multiple - family housing Restaurant, drive - in/fast food r C Restaurants and other eating establishments P P Restaurants with lounge or live entertainment C Retail support use (15 percent of total development square footage in BP and LI) Rooming and boarding houses S Scale, public Schools, business and professional P F, P InUudes Amendments as of June 1, 1999 Chapter 17.08 - 9 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use C C HT C POI 19P L Schools, private (kindergarten through Grade 12) I ¢ F I P q P Scientific research and development offices and laboratories I C F I Senior citizen housing (see also congregate care) F, P I P - - Solid waste disposal facility I Sports and recreational facilities C C Swap Meet, entirely inside a permanent building' Swap Meet, Outdoor " Swimming pool supplies /equipment sales F1 F ' T Tailor shop P Taxi or limousine service P -++ Tile sales Tobacco shop P Tool and die casting Transfer, moving and storage Transportation terminals and stations I C Truck sales /rentals /service TVIVCR repair P P U Upholstery shop V Vending machine sales and service W Warehousing /distribution Watch repair F1 P Wedding chapels P - Welding shop tF Welding supply and service (enclosed) Y Reserved T. Includes Amendments as of June 1. 1 999 cnapter 17.08 • iu Schedule of Permitted Uses #- .......nrriai/nfft'Ca /Industrial Districts Description of Use C I HT S� PO B I 2 Reserved I I 1. The CUP will be subject to Section 17.08.050(G). 2. Subject to standards outlined in appendix. 3. See Chapter 5.22 of the Temecula Municipal Code. 4. See Section 17.080.050(R), special use regulations and standards for self- storage or mini- i warehouse facilities. (Ord. 96 -19 §§ 2(EE)(part) and 4; Ord. 95 -16 § 2 (part);Ord. 97 -03 § 2;Ord. 97 -06 § 2; Ord 97- 17§(5)) 17.08.040 DEVELOPMENT STANDARDS. The development standards listed below are the minimum standards for development with the respective zoning districts. It is intended that these standards will be met in addition to the commercial /office /industrial performance standards of Section 17.08.070. Considerations for approval of development plans and for awarding floor area ratio bonuses will be based upon both the development standards and the degree of conformance with the performance standards. In the event of a conflict between the development standards and the performance standards, the director of planning shall determine which requirement best implements the intent of the development code. Separate development standards have been established for developments on a single lot and for those commercial shopping centers or industrial planned developments which include multiple structures on one or more lots. Indudes Amendments 83 of June 1, 1999 Chapter 17.08 • 11 1 The following Table 17.08.040A provides the development standards for the commercial /office and industrial districts for developments within planned shopping centers or industrialtbusiness parks. Table 17.08.040A Development Standards — Commercial /Officelindustrial Districts For Developments within Planned Shopping Centers or Industrial /Business, Parks Commercial Development Standards Hj C C FIT S� PO SIP I I Minimum gross area of site 5 Ores �10 res 1 0 acres 10 a res 5 acres 10 res 10 a res i Target floor area ratio 0 5 0 0.30 0. 0 0.50 0. 0 0, 0 Maximum floor area ratio 0.40 1. 1.0 1 5 1.0 1 5 1 with intensity bonus as per Section 17.08.050 elease Front yard adjacent to a street: Arterial street 29 ft. 20 . 25 ft. 25 ft. 25 ft. 20 ft. 20 ft. Collector 20 ft. 15 �. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. Local 15 ft. 10 ft. 15 ft. 15 ft. 10 ft. 10 ft. 10 ft. Yard adjacent to 2� ft. 25 ft. 30 ft. 30 ft. 25 ft. 35 ft. I 40 ft.. residentially zoned property. I I Interior side yard I p 0 C 0 Rear yard I 1 ft. 10 10 ft. 10 ft. 10 ft. 10 ft. 10 N. Accessory structure- 5Ift. 51 5 ft. 5 1 . 5 ft. 5 t. 5 l.t. sidelrear setback Minimum building separation: One story: 1 d ft. 10 10 ft. 15 . 15 ft. 15 . 15 . Two stories: 1 ft. 15 15 ft. 20 20 ft. 20 20 t. Three stories or more 20 :. . 20 ft. 25 25 ft. 25 25 Maximum height 35 ft. 50 75 ft. 50 1. 75 ft. 50Ift. 40 . Maximum percent of lot 2�% 30 to 1 30% 30 6 50% 40 o 40 coverage j Minimum required 2 % 20 20% 20 6 25% 1 25 /0 20 to landscaped open space Fence, well or hedge 6 2. 6 . Not 6 6 1 . screening outdoor storage- allowed minimum height Fence, wall or hedge 61 ft. B it. 8 ft. 12 Not 12 12 screening outdoor storage- allowed maximum height I tnCtudes Amendments as of June 1, 1999 Chapter 17.08 - 12 ' The following Table 17.08.0406 provides the development standards for the Commercial /Office and Industrial Districts for a development on a separate lot. Table 17.08.040B Development Standards — CommerciaUGHice/Industrial Districts For a Develop mant on a Separate Lot Commercial /Development I I Standards NC CC NT S PO BP L Minimum net lot area (sq. ft.) 30,000 30.1100 20,000 40, 00 40,000 40.000 40.(00 sq.Ift. sq. ft. sq.ft, sq ft. sq.ft. sq ft. sq. ft. l Target floor area ratio 0.25 0. 0 0.30 0.40 0.50 0.40 0. 0 Maximum floor area ratio with 0.40 1 1.0 1.5 1.0 1 5 1. intensity bonus as per Section 17.08.050 Minimum width at required 50 ft. 50 ft. 80 ft. I OC ft. 80 ft. 10 ft. 100 fl. front setback area Minimum depth 1001ft. 10C ft. 100 ft. 12C ft. 120 ft. 12C ft. 120 ft. Minimum frontage on a street 30 ft. 30 ft. 50 ft. 80 60 ft. 80 ft. 80 . Yard area adjacent to a street: Arterial street 25 ft. 15 ft. 25 ft. 25 20 ft. 20 . 20 Collector 25 k. 1 ft 25 ft. 25 20 ft. 20 20 . Local 15 ft. 10 15 ft. 15 10 ft. 10 1. 10 t. Interior side yard 01 C 1 0 0 0 C 0 Rear yard 15 ff. 10 10 ft. 10 ft. 10 ft. 10 t. 10 t. Accessory structure- side/rear 51. 5it 5 ft. 5. 5 ft. 5 5. setback Yard areas adjacent to 25 k. 25 ft. 30 ft. 30 25 ft. 30 t. 40 t. residentially zoned property. Maximum height 35 ft. 50 ft. 75 ft. 50 75 ft. 50 1. 50 Maximum percent of lot 25 +/n 30 Yo 30% 301, 50% 40 a 40 coverage Minimum required landscaped 25{6 20 20% 20 25% 25 20 open space Fence, wall or hedge- 611. 6 6 ft. ef 6 ft. 6 It. 6 2. maximum height Accessory structure- 12 12 ft. 12 ft. 12 ft. 12 ft. 12 ft, 12 ft. maximum height Fence, wall or hedge 6 t. 6 ft Not 611. 61. screening outdoor storage- allowed minimum height Fence, wall or hedge 6 ft. 8 t. 8 ft. 12 t. Not 12 12 screening outdoor storage- allowed maximum height (Ord. 96 -19 § 2(EE) (part) and (FF) and 3(B) and (C); Ord. 95 -16 § 2 (part); Ord. 98 -14 § 3) Inmoes Amenoments as of June 1. 1999 Chapter 17.08 - 13 17.08.050 SPECIAL USE REGULATIONS AND STANDARDS. A. Commercial/Office /Industrial Incentives. Increase in the Floor Area Ratio. As a part of the process of the review and approval of a development plan or conditional use permit, the planning commission and city council may consider an increase in the maximum allowable intensity as indicated on Table 17.08.040A. The amount of the increased intensity shall not exceed the maximum of the density range or floor area ratios stated in the general plan for the specific land use designation. In addition, the city engineer must determine if the project at the increased intensity does not create unmitigable impacts upon the traffic circulation in the area or overburden the utilities serving the area. The city council shall consider the following factors in determining if an increase in the intensity is justified: 1. The project includes use(s) which provide outstanding and exceptional benefits to the city with respect to the employment, fiscal, social and economic needs of the community. Examples include: the provision of affordable housing with proximity to convenient shopping and employment, accessibility to mass transit facilities, and creative mixtures of land uses, housing types, and densities- 2. The project provides exceptional architectural and landscape design amenities which reflect an attractive image and character for the city. Examples include but extraordinary architectural design, landscaped entry features (maybe within the public right -of -way,) public trail systems, or public plazas, and recreational features in excess of what is required by this development code. 3. The project provides enhanced public facilities which are needed by the city. Beyond those required mitigations. Examples of such facilities include: the provision of community meeting centers, enhanced transportation improvements, off -site traffic signalization, police or fire stations, public recreation facilities and common parking areas or structures to serve the community. B. Entertainment Establishments Providing Dancing, Music and Similar Activities. 1. Noise levels shall not exceed the standards set forth in the noise element of the general plan or the environmental performance standards of this development code (Section 17.08.070). 2. Dancing, music, and similar entertainment uses shall be limited to between the hours of six p.m. and two a.m. 3. The city may apply additional requirements or limitations depending on the location, surrounding uses and other considerations. C. Arcades. In consideration of a request for an arcade, the following criteria will be considered and application material requested. 1. The planning commission shall consider, but not be limited to, the need for adult supervision, hours of operation, proximity to schools and other community uses, compatibility with the surrounding neighborhood and businesses, noise attenuation, bicycle facilities, and interior waiting areas. Indudea Arnendrhanb ae of June 1. 1999 Chapter 17.08 - 14 2. The applicant shall submit with his application, three sets of typed gummed labels, listing the name and address of all businesses within a shopping center and all landowners within a three - hundred -foot radius of the shopping center or arcade. 3. Each application shall contain a description of the types of machines, a floor plan, and hours of operation. D. Car Washes. A conditional use permit shall be required for all full- service or self - service car washes within the commercial districts. Car washes shall comply with the following criteria: 1. Such business shall be located at least two hundred feet from any residential district. 2. Wash bays and vacuum areas shall be screened from public view. 3. Regular monitoring of the facility by an attendant shall be provided during business hours to control noise, litter, and other nuisances. 4. Hours of operation shall be limited to seven a.m. to ten p.m., unless otherwise specifically established as a condition of approval. Automatic shut -off of water and electrical systems, except for security and fire protection, shall be provided during non - business hours. E. Permanent Indoor Swap Meet Facilities. I . Indoor swap meets shall be established only in buildings containing five thousand square feet or more of gross floor area. 2. City business licenses and state seller permits shall be obtained by every tenant operating a stall space. 3. No more than one business license shall be granted per one hundred fifty square feet of building floor area. 4. The minimum average square footage of a partitioned cubicle or stall space (booth) shall be one hundred fifty square feet. The minimum size for an individual stall shall be one hundred square feet, and no more than twenty-five stall spaces shall be permitted to contain one hundred square feet. 5. No adult business, as defined in the Temecula Municipal Code shall be permitted. 6. No loudspeakers or sound equipment which can be heard from exterior or semipublic areas shall be used on the premises. 7. Each stall space shall be partitioned with partition walls at a height of not less than five feet, six inches. Scissor -type gating shall not be used to separate vendors or vending areas. 8. All floor areas of indoor tenant spaces, shall be covered with a high -grade tile or carpeting. Includes Amendments as of June 1, 1999 Chapter 17.08. 15 ' 9. Aisles shall have a minimum width of seven feet. 10. Security personnel shall be provided during hours of operation. F. Used Motor Vehicle Sales. 1. The minimum lot width of any site supporting a used motor vehicle sales business shall be one hundred feet. 2. The minimum lot area shall be ten thousand square feet. 3. Buffer walls and landscaping shall be as provided as required for the zoning district in which the use is located. 4. A building containing not less than two hundred square feet shall be maintained on the lot supporting the business. The building shall be a permanent structure: portable buildings or mobilehomes are not permitted. G. Alcoholic Beverage Sales. 1. All businesses or establishments offering the sale of alcoholic beverages, exce pt for the incidental sale of beer and wine at a restaurant, shall require the appropriate license from the state of California and the city and be subject to a conditional use permit. ' 2. Any automotive service station which proposes to sell beer and wine concurrently with motor vehicle fuel shall require a conditional use permit which permit shall be subject to the provisions of Business and Professions Code Section 23790 et seq. and shall require that a. The decision be based on written findings. b. A denial of an application for a CUP be subject to appeal to the city council in accordance with Section 17.03.090 of this code. C. The same procedure for noticing, and conducting the CUP hearing that is utilized by the city for all other CUPS be used and provide for all parties to be present and to present evidence. d. The decision and findings be based on substantial evidence in view of the whole record to justify the ultimate decision. 3. The above businesses shall not be located within five hundred feet of any religious institution, school or public park. The license application shall be reviewed by the city's police services prior to city approval. H. Trash Collection Areas. Trash collection areas shall be located within a screened enclosure. The enclosure should not be visible from a public street or from any adjacent residential area. Trash collection shall include separate facilities for the recycling of paper, bottles, plastic and aluminum. Additional design requirements are provided in the performance standards of this chapter. includes Amendments as of June 1. 1999 Chapter 17.09 - 16 ' I. Outside Storage and Service Areas. 1. Outside storage should be confined to the rear of the principal structure(s), rear two- thirds of the lot, whichever is more restrictive. All storage areas shall be located on appropriate paving and be screened from public view from any adjoining properties and from the public rights -of -way by appropriately designed walls, fencing and landscaping. 2. Storage on Vacant Lots. When permitted by the zoning district regulations or by a development permit outside storage on a vacant lot shall be screened from public view from any adjoining properties and from the public right -of -way by appropriately designed, walls, fencing and landscaping. J. Lighting. All lighting fixtures, including spotlights, electrical reflectors and other means of illumination for signs, structures, landscaping, parking, loading, unloading and similar areas, shall be focused, directed and arranged to prevent glare or direct illumination on streets or adjoining property. K. Mechanical Equipment. Mechanical equipment used in the manufacturing process may be required to be enclosed in a building and roof- mounted accessory equipment may be required to be screened from view. L. Retail Sales. Retail sales and services that are incidental to permitted use are subject to the following conditions: 1. The operations are contained within the main structure which houses the primary use. 2. The retail sale area occupies no more than fifteen percent of the total building square footage. 3. No retail sales or display of merchandise shall occur outside the structures. M. Drive -Thru Facilities. Commercial uses including restaurants, financial institutions or other business providing drive -thru facilities shall be subject to the following requirements. 1. All drive -thru facilities shall require a conditional use permit. 2. Pedestrian walkways should not intersect the drive -thru aisles. If pedestrian walkways do cross the drive aisles, they shall be clearly marked with paving or striping. 3. Drive -thru aisle shall have a minimum width of eleven feet on the straight sections and twelve feet on curved portions. 4. For fast food restaurants the drive -thru aisles shall have a sufficient stacking area behind the menu board to accommodate six cars. 5. The speakers shall be located so as to protect adjoining residential areas from excessive noise. Ineluoes AmenOments as of June 1, 1999 Chapter 17.08 - 17 N. Temporary Office Modules. A master plan for development of permanent buildings shall be submitted in conjunction with such request. 2. The design of the office modules shall have a permanence, as much as practicable. This shall include such things as screening temporary foundations, screening utility equipment, and using overhangs, walkways and stepped roofs to mitigate the temporary appearance. 3. The approval of temporary office modules shall require necessary street improvements, grading, drainage facilities and landscaping. O. Outdoor Sales of Merchandise. All businesses shall be conducted complete within an enclosed building. The following outdoor sales and commercial activities may be permitted to operate outdoors, within their respective districts and subject to any required reviews and permits: 1. Automobile, boat, trailer, camper, and motorcycle sales and rentals (subject to a conditional use permit); 2. Building material, supplies and equipment rental and sales (subject to a conditional use permit); 3. Fruit and vegetable stands (required temporary use permit); 4. Horticultural nurseries (subject to a conditional use permit); 5. Gasoline pumps, oil racks and accessory items when located on pump islands; 6. Outdoor display of merchandise as accessory to current on -site business (subsection O of this section); 7. Outdoor recreation uses; 8. Parking lot and sidewalk sales (subject to temporary use permit and regulations set forth in this chapter); and 9. Other activities and uses similar to those above as determined by the director of planning. Outdoor Display of Merchandise Accessory to Current On -Site Business. Any outdoor display must be done in conjunction with the business being conducted within the building and shall comply with the following regulations: 1. The items being displayed shall be of the same type that are lawfully displayed and sold inside the building on the premises. 2. The aggregate display area shall not exceed twenty -five percent of the linear frontage of the store front or ten linear feet, whichever is greater. 3. Items shall not project more than four feet from the store front. Includes Amendments as of June 1. 1999 Chapter 17.08 - 18 4. No item, or any portion thereof, shall be displayed on public property; provided, however, items may be displayed within the public right -of -way if an encroachment permit has first been procured from the city. 5. Items shall be displayed only during the hours that the business conducted inside the building on the premises is open for business. 7. No item shall be displayed in a manner that: causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of pedestrian or vehicle traffic; is unsightly or creams any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance. Q. Flag Poles. A maximum height of seventy five feet. R. Self- Storage or Mini - Warehouse Facilities. 1. Development Standards The following standards shall be applied to all new self - storage or mini- warehoy.se facilities: a. The design of the facility shall be compatible with the surrounding area in terms of design, bulk and mass, materials and colors. Building exteriors shall not be corrugated metal or similar surface, but shall be of finished quality. Metal containers are prohibited. b. In commercial zoning districts the rear and side yard setbacks shall be a minimum of 10 feet. In industrial zoning districts no rear or side yard setbacks are required. The director of planning may increase the setbacks to a maximum of 25 feet when adjacent to an existing residential development project The front yard setback shall maintain the setback for the underlying zoning classification. C. The maximum lot coverage shall be 65 percent. d. The development site shall provide a minimum of 10% landscaped open space for a project within commercial districts. In industrial districts, the total landscaping shall be equal to the required setback areas. No interior landscaping is required, but the setback areas shall be landscaped. e. A manager's residential unit may be provided, but is not required. f. Required parking spaces may not be rented as, or used for, vehicular storage. However, additional parking area may be provided for vehicles, boats, buses, trailers, etc., provided that the storage area is adequately screened from public view with enhanced landscaping, decorative walls, fences, or other methods as deemed appropriate by the director. 1nUUOe5 Amenoments w of June 1, 1999 Chapter 17.08 • 19 i 2. Performance and Use Regulations a. Any business activity, other than rental of storage units, including the on -site sale of merchandize or garage sales, and transfer /storage businesses which utilize vehicles as part of the business is prohibited. No servicing or repair of motor vehicles, boats, trailers, lawn mowers, or any similar equipment is permitted. b. Storage units shall not be used for the storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals. C. Truck or vehicle rental is prohibited without obtaining all necessary approvals subject to the Development Code Schedule of Permitted Uses. S. Automobile, Motorcycle and Truck Dealership Landscape Standards. Landscape Standards. The following standards shall be applied to all new automobile, motorcycle and truck dealerships or substantial alterations to existing automobile, motorcycle and truck dealerships. a. Display areas: a minimum five foot (5') wide landscape island shall be required at the end of all display area lanes adjacent to the main entry drive lane. A one -foot strip, made of concrete or other materials acceptable to the Community Development Director, shall be located next to the curb immediately adjacent to the end display parking space. Said landscape islands shall have a mixture of trees, shrubs and groundcover shall have automatic irrigation. b. Street frontages. All portions of the property which have street frontage shall meet one of the following criteria: A minimum of twelve feet (12') of landscaping shall be provided, measured from the rear of the sidewalk to the display area length and shall be surrounded by low growing shrubs, groundcover and turf: or 2. A minimum of twenty feet (20') of landscaping shall be provided, measured from the rear of the sidewalk to the display area, with display area allowed to encroach into eight feet (8') of the landscape area. a) Display areas shall be paved with concrete, a maximum of twenty (20) feet in length and shall be surrounded by low growing shrubs, groundcover and turf. b) The number of display areas allowed shall be calculated in the following manner: 3 display spaces per 100 linear feet of street frontage. Fractional spaces (.5 and over) shall be rounded up. Induces Amehomenla as of June 1, 1999 Chapter 17.09 - 20 C) No display area shall be located immediately adjacent to another display area. Landscaping shall be provided between display areas. C. Development adjacent to existing and proposed residential uses. All portions of the property which abut an existing or proposed residential use shall have a minimum ten foot (10') wide landscape buffer. d. All other portions of the property which do not abut a street or existing or proposed residential uses shall have a minimum five foot (5') wide landscape buffer. e. All customer parking on the site shall be clearly identified, either through special paint (i.e. curb painting) or signage and shall be subject to the landscape requirements contained in Section 17.24.050H of the Development Code. f. Service bays shall not be visible from a public street and shall be adequately screened from adjacent residential uses. g. Inventory and vehicle -in- repair storage areas on the site shall be clearly identified and will not need to be internally landscaped. If they are located on the perimeter or adjacent to residential development or sensitive areas they shall be screened in the manner discussed above. .(Ord. 96-19 §§ 2(GG) -(l1); Ord. 95-16 § 2 (part); Ord 97 -17 § 3(C), § 10; Ord. 98 -17 § 2) 17.08.060 LANDSCAPE REQUIREMENTS AND STANDARDS. A. Plant Materials. 1. Landscape design and construction shall emphasize drought - tolerant materials when possible. 2. Street trees shall be planted at a minimum of one tree per thirty linear feet of street frontage. Trees shall be a minimum fifteen- gallon size at the time of planting. Shrubs shall be a minimum of five gallons at the time of planting. 3. All landscape materials shall be subject to approval by the city for appropriateness and consistency with the water efficient landscape ordinance. Includes Amendments as of June 1, 1999 Chapter 17.08 - 21 B. Irrigation Requirements. 1. All landscaped areas shall include an automation irrigation system approved by the city that provides adequate coverage and irrigation. Efficient water conservation systems such as drip irrigation systems should be used. 2. Property owners are responsible for the continual maintenance of all landscaped areas on -site, as well as contiguous planted areas within the public right -of -way. All landscaped areas shall be kept free of weeds and debris and maintained in a healthy, growing condition, and shall receive regular pruning, fertilizing, mowing or trimming. C. Landscape Design Standards. 1. Setback areas that are not used for vehicular and pedestrian access shall be landscaped. In addition, all interior courts open space areas and boundary areas that are not covered with buildings, pavement, or other impervious surface shall be landscaped. 2. Areas proposed for development in another phase occurring not within six months of the completion of the previous phase shall be temporarily seeded and irrigated for dust and soil erosion control. 3. Landscape designs shall consider such factors as the function of the landscape elements, consistency with the building and its architectural design, compatibility to ' the area, special design features, berming, use of hardscape or nonorganic materials, drought - tolerant plant materials for water conservation, and utilize planting (i.e., combination of shrubs, trees and climbing vines) to break up large building masses and perimeter walls and fencing. 4. The use or combination of berming, landscape materials, low level walls and structures, shall be used to screen parking areas, loading areas, trash enclosures, and utilities from public view. 5. lope banks five feet or greater in vertical height with slopes between 5:1 and 2:1 shall, at a minimum, be irrigated and landscaped with an appropriate groundcover for erosion control. a. Slope banks five feet or greater in vertical height with slopes greater than or equal to 3:1 shall, at a minimum, be irrigated and landscaped with appropriate groundcover for erosion control and to soften their appearance as follows: i. One fifteen - gallon or larger tree per each six hundred square feet of slope area; ii. One gallon or larger shrub for each one hundred square feet of slope area; and ' iii. Appropriate groundcover. Includes Amendments as of June 1, 1999 Chapter 17.08.22 LI b. Slope banks in excess of ten feet in vertical height with slopes greater or equal to 2:1 shall also provide one five- gallon or larger tree per each one thousand square feet of slope area in addition to the requirements of subsection (C)(5)(a) of this section. C. All trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 6. Where trees are planted in pedestrian areas, a protective tree grate shall be provided. Trees and shrubs should be planted and maintained so that they do not interfere with utilities, light standards, sight lines for traffic safety, encroach on adjacent property, or obstruct to the solar access rights of adjoining property owners. (Ord. 96 -19 §§ 2 (JJ) and 3(0); Ord. 95 -16 § 2 (part)) 17.08.070 COMMERCIAL/OFFICE/INDUSTRIAL PERFORMANCE STANDARDS. A. Purpose. The purpose of this section is to provide for uniform performance standards and criteria for the design of commercial buildings within the city in accordance with the recognition that the quality and compatibility of building design directly impacts the health, safety and welfare of the residents of the community. Moreover, quality and compatible building design promotes and preserves the stability of the city through orderly growth and enhancement of a quality business environment. These purposes are further achieved through the following: 1. The enhancement of the physical character of the community and quality of life through sound planning and coordinated development. Includes Amenetnents as of June 1, 1999 Chapter 17.08 - 23 2. The balancing of aesthetic design qualities with functional development. 3. The preservation and enhancement of the physical character, integrity and quality of commercial /office /industrial areas. 4. The enhancement and protection of property values and the adherence to the goals and policies of the general plan. 5. The stimulation of improvements and maintenance of surrounding properties, thereby preventing and reversing the effects of urban blight. B. General Performance Standards. Developments in the commercial/office /industrial districts should be designed to provide variety and visual interest while still creating a unified overall image. Performance standards to achieve this image include, but are not limited to the following: 1. Use creative entry treatments with such features as canopies, awnings, cornices or atriums. 2. Use a variety of complementary colors and avoid the use of just one color and dark colors. 3. Use various window shapes and sizes. 4. Vary the building shapes by using curved or angled walls. 5. Separate buildings or accessory structures should be designed as an integral part of the primary building by using complementary materials, common architectural elements, and special landscape design techniques. 6. Use a consistent design theme throughout the project. Employ complementary or consistent details, shapes, materials and colors. In addition, consistent signage should be provided with complementary colors. lettering, placement and materials. 7. The bulk of the building should be divided to reduce the apparent scale and provide visual interest. Box -like designs should be avoided. This can be accomplished through the following: a. Use variations in the building footprints and facades. Such variations should be proportional to the overall bulk of the buildings with variations being greater for large buildings. b. Use a variety of shapes and forms including architectural projections such as roof overhangs, box windows, stairways, balconies, and cantilevers that create shadows on the buildings. C. Use Contrasting vertical and horizontal elements that help to break the visual mass of the facade into smaller areas. d. Divide the bulk of the roof into smaller areas to reduce the apparent scale of the building and provide visual interest. The roof can be designed with varying heights and slopes to contrast with a flat roof. Includes Amendments as of June 1, 1999 Chapter 17.08 - Y� ' 8. Where the character or scale is identifiable, new development should be designed to maintain that character and to be compatible with that scale. In areas where the character is not identifiable, new development should be designed to be complementary or consistent with desirable characteristics of the surrounding area in a way that contributes to the establishment of a positive character and scale for the area through the use of similar or complementary materials, colors, or building forms and design details. 9. Development should be designed to minimize detrimental impacts on surrounding properties, including, but not limited to, visual, noise, air quality and other environmental impacts. Strategies for minimizing the impacts include protecting residential areas adjacent to commercial development through screening of circulation areas, loading areas and trash collection points or other areas that could potentially be disruptive to the residential character of the adjacent area. C. Commercial Development Performance Standards Circulation. a. Limit egress and ingress to commercial areas to common entrance points. Orient most of the vehicular access from side streets rather than directly from major arterial. b. Separate vehicular and pedestrian circulation systems should be provided ' if possible. Pedestrian linkages between uses in the commercial areas should be provided. In shopping centers, provide separate pedestrian walkways from parking areas to the major commercial tenants. Whenever possible, parking lots should be designed to separate vehicular circulation routes from parking aisles. 2. Architectural Design. a. Large buildings should be designed in such a manner to avoid excessive mass and bulk. This can be accomplished by dividing the building form, varying the height of the roof structure and by creating offsets in the exterior walls. b. The lower floors of commercial structures should not have blank walls. Windows, trellises, wall articulation, and entrances can provide relief along expansive wall surfaces. C. Upper portions of multistory commercial structures can be stepped -back to reduce the bulk and mass of the buildings and to preserve pedestrian scale. 3. Site Planning and Design a. Pedestrian amenities in commercial developments should be provided to enhance the opportunities for pedestrian circulation and social activities. Strategies to achieve this high degree of pedestrian orientation and activity include, but are not limited to, the following: Includes Amendments as of June 1, 1999 Chapter 17.08.25 Orient the design of the buildings to the scale of pedestrian. First floor uses should be primarily retail commercial, restaurants, or public use areas. Windows and door entrances should be located on the ground floor to encourage pedestrian activity. Large expanses of uninterrupted wall surfaces should not be permitted. ii. Provide covered or enclosed walkways between the buildings on the site. iii. Provide pedestrian plazas and sidewalks of sufficient width adjacent to buildings along with amenities such as special lighting, interesting paving materials, landscaping benches and other street furniture. b. Whenever possible, new structures should be clustered. This creates plazas or pedestrian malls instead of rows of commercial or "Strip commercial." Separate structures can be linked with arcades, trellis or clearly defined walkway. C. Minimize conflicts between pedestrian and vehicular traffic as much as possible by orienting pedestrian circulation areas parallel with the flow ..of traffic through the parking areas. d. Loading facilities shall not be located in front of structures without screening. These facilities are most appropriately located at the rear of the structures where screening can be minimal or not needed. e. Open space areas should be concentrated or clustered into larger more meaningful spaces at areas of significant activity, rather than dispersed into small areas of low impact or on the periphery of the site. 4. Compatibility. When a commercial structure is located adjacent to a residential neighborhood additional setbacks from the residentially zoned area shall be required. Multistory buildings may be stepped back to preserve the scale of the adjacent low rise structures. D. Industrial Development Performance Standards. Circulation. a. The circulation plan for an industrial development should clearly differentiate circulation plans for employees, visitors, truck traffic, loading areas and pedestrian circulation. b. Facilities should be provided, when appropriate, for access to bus routes, bus stops. C. Bicycle parking areas should be provided for employees. d. Walkways and paths should be provided opportunities for walking or jogging ' for employees. Indudes Amendments as of June 1, is% Chapter 17.08. 26 ' 2. Architectural Design. a. Long unarticulated walls should be avoided. Wall planes should not extend in a continuous direction for greater than fifty feet without an offset. b. Outstanding building and roof fors, and distinctive windows patterns. C. Blank wall elevations should be avoided on street frontages. d. Highly reflective surfaces are discouraged especially at the ground level. e. Wall materials should be selected that are resilient to damage from machinery. If rolling shutter doors are required, the doors should be mounted on the inside of the building to create an uncluttered appearance from the exterior. 3. Site Planning and Design a. Placement of structures which creates opportunities for plazas, courts._or gardens, lunch areas for employees with amenities such as outdoor seating and garden areas. b. Design features which contribute to the design character of a project may ' include: ceremonial entrance drives, enhanced visitor parking areas, highlighted visitor entrance areas, decorative pedestrian plazas and walkways, focal landscape treatments, site sculptures, employee recreational facilities (exercise courses, jogging paths). C. In order to provide security, lighting should be provided at a minimum illumination of one footcandle across parking areas and two footcandles at entrances. Lighting fixtures should be shielded to confine the spread of light to adjoining properties. The design of the lighting fixtures should be compatible with the architecture of the building. d. Loading areas should generally not be located in the front of the building where it is difficult to adequately screen the loading areas from public view. These areas are most appropriately located in the rear or side of the property so that the loading docks and doors are not directly in the public view. e. When walls or fences are necessary in the frontage of the property to conceal storage and mechanical equipment areas, walls should be architecturally treated on both sides and should be designed to complement and blend with the architectural design of the building. i. Long expanses of fencing or walls should be avoided unless offsets are provided, height variations, and combinations of materials are used to avoid monotony. Landscaping along the fences and at specific pockets should be provided. Includes Amendments as of June 1, 1999 chapter 17.08. 27 ' ii. Screening for outdoor storage should be a minimum of eight feet and a maximum of twelve feet high depending on the height of the material being screened. Exterior storage should be in the portions of the site least visible from public view. iii. Chain link fencing with wood or metal slatting between the links is acceptable for areas that are not visible from the street. iv. When screening is required, a combination of screening techniques may be used, including solid masonry walls, landscaped berms and landscaping. f. Mechanical or other utility equipment shall be screened whether it is located on the roof, side of building or on the ground. The method of screening shall be architecturally integrated in terms of materials, color and form. Roof top equipment should be integrated into the design of the building. 4. Compatibility. Where industrial uses are adjacent to nonindustrial uses, appropriate buffering techniques such as increased setbacks, screening, berms and landscaping must be provided to mitigate any negative effects of industrial operations. (Ord. 96 -19 § 2(KK); Ord. 95 -16 § 2 (part)) 17.08.080 ENVIRONMENTAL STANDARDS. ' Development projects and buildings should be designed to minimize detrimental impacts on surrounding properties, including, but not limited to, visual, noise, air quality and other environmental impacts. Strategies for minimizing the impacts include protecting residential areas adjacent to industrial development through screening of circulation areas, loading areas and trash collection points or other areas that could potentially be disruptive to the residential character of the adjacent area. A. Noise. Any existing or proposed uses which generate sounds that are or may be considered a nuisance or hazard to any adjacent property due to the intermittence,,beat, frequency, or shrillness of the sounds, shall have the source of the noise muffled or otherwise controlled so that the noise is subdued to acceptable levels. Construction work is exempt from this requirement during the period a valid building permit is in force. B. Particulate Matter. Any existing or proposed use shall not discharge excessive particulate matter into the atmosphere for a period that exceeds three minutes in any one hour. The following standards establish maximum acceptable levels: 1. Smoke. The density reading designated as Number 1 on the United States Bureau of Mines Ringelmann Chart is the maximum acceptable level. 2. Dust, Dirt and Ash. Any level which can or may cause damage to the health of any individual, animal, or plant or physical soiling or discoloration of the surfaces of any structure or material which is located outside the property lines of the lot or parcel ' from which the particulate matter is emanating. InGiUdee Amendrnente as of June 1. 1999 Chapter 17.08 - 28 ' C. Odors, Toxics and Noxious Matter. Any existing or proposed use which produces odors, toxic gases or noxious matter in such quantities as can or may be readily detectable at any point outside the property lines of the premises and when such emissions are or may become a public nuisance or hazard, the use shall be modified to prevent such releases. D. Vibration. Any existing or proposed use which generates vibrations that can or may be considered a nuisance or hazard on any adjacent property shall be cushioned or isolated to prevent generation of such vibrations. E. Glare. Any existing or proposed use that constitutes or may be considered a nuisance or hazard on any adjacent property due to emittance of excessive light or glare from mechanical or chemical processes or from reflective materials used or stored on the site shall be shielded or otherwise modified to prevent such emissions. Heat, Radiation and Electromagnetic Disturbances. Any existing or proposed use that can or may generate excessive heat, electrical disturbances or radioactive emissions that can or may be considered hazardous or a nuisance shall be shielded, contained or otherwise modified to prevent such generations, disturbances or emissions. (Ord. 95 -16 § 2 (part)) InUudes Amendments as of June 1, 1999 Chapter 17.08 • 29 r NON - EXHAUSTIVE LIST OF EXISTING REGULATIONS ' F:\DEP "I ANNNG\SI'AFFRPI1273PA99 De lope Ape®rmdw 27 EXHiBTT C NON - EXHAUSTIVE LIST OF EXISTING REGULATIONS 1. General Plan 2. The Development Code (Title 17 of the Temecula Municipal Code) 3. The Subdivision Ordinance (Title 16 of the Temecula Municipal Code) 4. Citywide Design Guidelines 4. Habitat Conservation Ordinance 5. Mount Palomar Lighting Ordinance 6. Uniform Building Code, as locally adopted 7. Uniform Fire Code, as locally adopted 8. Standard Drawings for Public Works Construction FMEPML NN1NG%3TAFFR"U73PA99 Develarm AVemeotdva 29 CURB CUT ACTIVITY ' FADEP1"ANNINGSTAFFRM73PA99 De IOPWOW AVVCM Ada 29 EXHIBIT D PROPOSED CURB CUT PROJECT ENTRY LOCATIONS BASED ON AMENDED M.O.U. FOR PALA RAINBOW L.L.C. IN TIE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA l4k 114% 4k< 41qI . \"'4 - 41b. rpvM rm WAM IIY M" Jll� AMU. MR lot RMULA. a. m10 EXHIBIT D SHEET I OF I SHEET •w T IN . RIGHT OUT RIGHT - IN RiGHT IN RIGHT - CUT RIGHT OUT LEFT - OUP -1 RIGHT IN FULL ACCESS ENaTRY. "W - :nGHT -OUT V l4k 114% 4k< 41qI . \"'4 - 41b. rpvM rm WAM IIY M" Jll� AMU. MR lot RMULA. a. m10 EXHIBIT D SHEET I OF I SHEET •w JEDEDIAH SMITH ROAD STORM DRAIN ' F:\DEPTNI.ANNWGISTAFFRP%273PA99 DeMogneol AVeamM1dw 30 -7 -I r I T ?p Proposed Rip -Rap Channel 4�E .M 0 .WiIDnm'lbt ��raelow �o1352 �asx ow TEMECULA CREEK PROPERTY Proposed Jedediah Smith Road / Storm Drain Concept Exhibit E r1 EXHMIT F WETLAND MITIGATION AREA F: IDEPTS\PLANNIN(PSTAFFRM73PA99 Dev kpuwm Apemen =da 31 EXHIBIT F WETLAND MITIGATION MAP IN THE CITY OF TEYECULA, COUNTY OF RIVERSIDE, STATE CF CALIFORNIA r z iSHEET 1 OF i SHEET cm er.r �•�..`.. Ma v... 1.4.44. o.w. ur. LOW Ir4 . rw Ra ® nv ®a, care rrrvw Iw • a.r r.l 1 1 m N,W n o l CI' r. mrin� ru uw aA r aerr. manta r4 ♦ -\ �. o—ua+ ...I Iru moat • ar r:.l l Olw s Utno.e� . a.l F— r z iSHEET 1 OF i SHEET cm er.r �•�..`.. Ma v... L7 v.I vl RESTAURANT PROHMMON AREA F:\DEPT9TLANNWG\STAFFRVM73PA99 Davdo APOMORLdx 32 Exhibit G Restaurant Prohibition Area 1` 1-a _ �r a RESTAURANT PROHIBITION AREA , a _.® rou uNm LAX, C/091MR1[ 1F1HR L. 9IN IIIMPXIAIO Q1L 9111[ bl M, MAXI ICIOlyyA. G. Yf]SW . mIeopII WETLAND ACCESS LICENSE reoDrd d, ra it to: d W and when recorded, mail to: City Clark City of Temecula P.O. Box 9033 Tenecvta, CA 92589 Exempt from Remrding Fee per Govt. Code Sec. 27383 Cdy of Temeoda APA 954110-022 (Spree above dde A W for Rom do U w o DOCUMENTARY TRANSFER TAX IS NONE Arblc Agency exempt Revenue and Taxation Code Sec6m 11922 LICENSE AGREEMENT The CITY OF TEWCULA, a municipal corporation, hereinafter referred to as "City" and, Pala Rainbow, LLC hereinafter referred to as "Grantor" hereby agree as follows: 1. The right is hereby granted to City or City's designee, contractor or subcontractor to enter upon and use the real property of Grantor in the City of Temecula, State of California, described as follows: Being portions of the Temecula Rancho, in the County of Riverside, State of Califronia, which Rancho was patented to Luis Vignes by patent recorded in Book 1, Page 37 of Patents, in the office of the County Recorder of San Diego County, Califronia, also being a portion of Parcel 43 as described in deed to Racor Realty, Inc. recorded September 29, 1977, as Instrument No. 192314 on file in the office of the County Recorder of said Riverside County. For all purposes necessary and convenient to facilitate and accomplish the construction and maintenance of the wetland creation area described further as Parcel "13° of Order of Possession, Case No. 315426, Superior Court of the State of California for the County of Riverside filed July 24, 1998. A three- (3) day written notice shall be given to Grantor prior to Cuing the rights herein granted. The term of this agreement shall be five- (5) years from the date of said notice; or acceptance of the wetland creation area by the U.S. Army Corps of Engineers and California Department of Fish and Game, whichever is less. It is agreed that the City shall enter upon Grantors property where appropriate, or designated by the Grantor, for the purpose of getting construction and maintenance equipment, and a temporary water service to and from the wetland creation area. City agrees to use reasonable care on Grantor's property in the process of performing such activities. 1 of 3 2. The right to enter upon and use Grantors property includes the right to remove and dispose of real and personal property located thereon. Grantor reserves the right to remove salvageable real and personal property on or before the expiration of the three- (3) day notice. 3. At the termination of the period of use of Grantors property by City, but before its relinquishment to Grantor, debris generated by City's use will be removed and the surface will be graded and left in a neat condition. 4. Each party hereby indemnifies and saves the other parties harmless from any and all liability, damage, expense, causes of action, suits, claims, liens, or judgements arising from injury to person or property and occurring on its own parcel unless caused by the act or neglect of any other party hereto and any Hens arising from construction or maintenance. 5. Grantor hereby warrants that he/she is the owner of said property described above and that he/she has the right to grant City permission to enter upon and use the property. 6. This agreement is the result of negotiations between the parties hereto. This agreement is intended by the parties as a final expression of their understanding with respect to the matters herein and is a complete and exclusive statement of the terms and conditions thereof. 7. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. g. This agreement supersedes any and all other prior agreements or understanding, oral or written, in connection therewith except for that certain agreement entitled. 9. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement and all the parties thereto shall be jointly and severally liable thereunder. 10. The rights and obligations as described herein shall create mutual benefits and servitude upon the parcels running with the land. This agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, representatives, tenants, successors and/or assigns, and shall bind every person having any fee, leasehold, or other interest in a parcel, to the extent that covenant provisions apply to the parcel. IN WITNESS THEREOF, these presents have executed this instrument this day of , 19_ Signature Print Name 2 of 3 Signature Print Name STATE OF CALIFORNIA) SS. COUNTY OF RIVERSIDE} On , before me the undersigned, a Notary Public in and for the State of California, personally appeared personally known to me (or proved to me on the basis of saftsfaoroey evident) to be the person(s) whose name(s) istare sidaribed to the within instnmtett and admowledged to me that hdshdthey ow=cd the same in his/her/their authorized cspacity(is� and that by hisAtadiherr signahne(s) on the hIStrument the person(sX or the en* upm behalf of which the person(s) acted. ememaed the ntstmment WITNESS my hand and official seal. Signature 3 of 3 IL EXHIBIT M -1 EASEMENT QUIT CALIM F:\DEVMPLANMNGSTAFMM73PA99 De dopm Apm d. 34 :1 Robert Bein, William Frost & Associates 27555 Ynez Road. Suite 400 Temecula, CA 92591 Revised August 18, 1999 March 24, 1999 JN 15- 100053- MI EXHIBIT " Page 1 of 1 A" Legal Description Pala Road Vacation That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Pala Road as described in Strip 1 and Cupeno Lane as described in Strip 3 of an easement deed recorded May 16, 1990 as Instrument No. 180581 of Official Records in the Office of the County Recorder of said Riverside County: bounded on the North by the southerly line of State Highway 79 as shown on Tract No. 20319 filed in Book 181, Pages 54 through 58 of Maps in said Office of the Riverside County Recorder; bounded on the West by a curve having a radius of 933.00 feet and being concentric with and 12.00 feet easterly from a curve in the easterly line of Pala Road as described in Parcel "A" of an Order of Possession filed July 24, 1998 as Case No. 315426 in the Superior Court of the State of California for the County of Riverside; and bounded on the South by the following described line: COMMENCING at GPS Station PINYON 1 as shown on a map filed in Book 102, Pages 50 through 65 of Records of Surveys in said Office of the Riverside County Recorder, said Station having coordinates of N 2166428.3493 and E 6498294.9778 based on the California State Plane Coordinate System, Nad 83, Epoch 1995.5; thence South 76°30'20.89" West 210,105.87 feet to the TRUE POINT OF BEGINNING; thence North 80 °49'34" West 92.79 feet; thence South 78 °06'16" West 70.41 feet to a point on a curve in the westerly line of said Pala Road (110.00 feet wide) as described in said Strip 1; said ciirvr. being concave easterly and having a radius of 1055.00 feet RESERVING therefrom an easement for slope purposes over that portion included within Parcel "M" of said Order of Possession filed July 24, 1998. CONTAINING: 0.966 Acres, rpore or less. EXHIBIT "B" ttached and by this reference made a part hereof. 0 lAN0 R and L. Mathe, P.L.S. 6185 ,r CNOt My license expires 3/31/02. * N313111 ' waarwoArwUnmumrncnvwwanaweLrro ErgNo'" l �CF CALM 100 0 100 200 300 PINYON 1 GRAPHIC SCALE iN FEET .. .. .. .. S ?2'59'01.46 "c - 310562.00 (GRIP 2257398.5576 LAKE 6201355.2919 MATHEWS tt 79 i ATE HIGHWAY C+/(- SPER TRACT N0. 20319 N07'03'35 "W / ('v 1 5 5* 11 55 10 0 _ y c YL-\11 I N52' 1+'33"E% t A 5 •'E n y I1 (R) 0 \ \�i 7 � t16i'Fi6i v1 1 1 t3 �J O o LPN , `- 14` B '9 S`.F' \\ 2 09 \� 3 \ �. 9 Al o B��Sy�: 2p� - __-- - - -___ —DATA -TABLE 1..! BRNG /DELTA RADIUS LENGTH �0J79 ..--------------------------------- 1 N66'26'34'w -- 31.45' 2 05'08'06" 1055.00' 94.55 PREPARED UNDER THE 3 S78'06'16'W -- 70.41' SUPERVISION OF: 4 N80'49'34 "W -- 92.79' 5 21'50'56" 945.00' 360.36' _o 0 N ff 8 6 N09 04 46 W 7 N79'01'41'E — -- 12.15 2.75' RAYMOND L. MATHS. L.S. 61E °- 6 03'54'44" 1571.00' 107.27' EXPIRES 3 -31 -02 9 N09'04'46'W -- 12.18' O PALA ROAD PER STRIP 1, INST. NO. 10 07'49'27" 1055.00' 144.07' 180581,O.R. (5-16 -90) 11 N24'07'25 "E -- 33.09' 12 N70'10'19 "E -- 20.84' BQ CUPENO LANE PER STRIP 3,INST. NO. 13 03'44'23" 933.00' 60.90' 180581,O.R. (5-16 -90) 14 N70'10'19 "E -- 10.48' SHEET 1 OF 1 SHEET PAL.A ROAD NRLSSIIXLL GGIKpq, RuKl6 Y 41MTp15 VACATION 101 rry,q ru 101 Ympn REVISED 1/1:/99 SALT F IELD BOOK doe a = MAY 24 , 199 SCALE: j" =100' 15100053 -M1 I� n i a i z EXHIBIT M -2 EASEMENT QUIT CLAIM (PALA ROAD VACATION F: \DF.FrSIPLANNINa\STAFFRPIV73PA99 Devdupmat Agreemea.doc 35 Robert Bein, William Frost & Associates 27555 Ynez Road, Suite 400 Temecula, CA 92591 Revised August 18, 1999 May 24, 1999 JN 15- 100053 - M2 Page I of 2 EXHIBIT "A" Leeal Description Pala Road / Cupeno Lane Vacation That certain parcel of land situated in the City of Temecula. County of Riverside, State of California, being those portions of Pala Road and Cupeno Lane: bounded on the North by the southerly line of State Highway 79 as shown on Tract No. 20319 filed in Book 181, Pages 54 through 58 of Maps in the Office of the County Recorder of said Riverside County; bounded on the West by the easterly line of said Tract No. 20319; bounded on the South by the northerly line of Cupeno Lane (60.00 feet wide) as depicted on Exhibit `B" for Parcel "D" of an Order of Possession filed July 24, 1998 as Case No. 315426 in the Superior Court of the State of California for the County of Riverside; bounded on the Northeast by a line parallel with and 12.00 feet southwesterly from a line shown as "North 54 °19'31" West 99.02 feet" in Parcel "J" of said Order of Possession; and bounded on the general easterly side by the following described line: BEGINNING at the intersection of said parallel line with a curve in the easterly line of Pala Road concave easterly and having a radius of 220.92 feet as shown on a map filed in Book 54, Pages 89 and 90 of Records of Surveys in said Office of the Riverside County Recorder, a radial line of said curve from said point bears South 61°32'52 "East; thence along said curve southerly 211.36 feet through a central angle of 54 °48'59" to the northerly line of Cupeno Lane (60.00 feet wide) as described in Strip 3 of a document recorded May 16, 1990 as Instrument No. 180581 of Official Records in said Office of Riverside County Recorder; Thence along said northerly line North 70 °10'19" East 78.33 feet; thence South 16 °31'19" West 14.59 feet to said northerly line of Cupeno Lane (60.00 feet wide) as depicted on Exhibit "B" of Parcel "D" of said Order of Possession and THE POINT OF TERMINATION of the described line. ' XfGIVWOATA1lf lfdpiXl�RWFiMf9,It01a'1 r Legal Description Revised August 18, 1999 Pala Road /Cupeno Lane Vacation May 24, 1999 JN 15- 100053 -M2 Page 2 of 2 RESERVING therefrom an easement for slope purposes over that portion included within Cupeno Lane (60.00 feet wide) as described in said Strip 3 of a document recorded May 16, 1990 as Instrument No. 180581 of Official Records. ALSO, RESERVING therefrom an easement for slope purposes over that portion included within said Parcel "J" of said Order of Possession filed July 24, 1998. CONTAINING: 1.570 Gross Acres EXHIBIT "B" attached and by this reference made a part hereof. R and L. Mathe, P.L.S. 6185 My license expires 3/31/02. H:.GPI W pATA\ 111000fTOTCLI W A'l1l�y�ppywy 100 100 200 300 5RAF�:O SCALE IN FEET �I �C /L STATE HIGHWAY 'ER TRACT N0. 203'9 N70'le'OS "= 503'17'1 } "W "N54'19'31 "'N _R n 11 ) U r (R) — — 99.02'✓ PER 1 . ) .j,� �� PCL . _ r S c�6 /Q] QA PALA ROAD PER PCL. 4 O I B 2 / ` 1 iNST. N0. 91436,O.R. t (7- 12-73) Q PALA ROAD PER PCL. 5 / \ ) C INST. .W. 91436,0.R. 7 � 55 (7- 12 -73) ® 140 •t \`• SS \ © PALA ROAD PER RS 54/89 -90 OO PORTION OF STRIP 3 -1 0 \ INST. NO. 180581,0.R. \ 1 y�` 61 (5- 16 -90) A A 5 \ 6 �4 \ A 0"9\ cJ� �o DATA TABLE NO BRNG /OEL7a RADIUS LENGTH - DEED -- DELTA- - 1 06'56'52" 1571.00' i90.50' w J� 2 S54'17'24 "E -- 92.12' . 3 54'48'59" 220.92' 211.36' 20J 4 N70'10'19 "E -- 78 33' 79 5 S16'31'19 "W -- 14.59' 6 11'09'12" 270.00' 52.56' 7 574'54'48 "W -- 169.43' 8 62'48'46" 305.00' 334.37' PREPARED DER THE 9 N08'43'36 "E -- 36.71' SUPER ON OF: MOND L. MATHE, L.S. 6185 TOTAL PARCEL =1.570 ACRES EXPIRES 3 -31 -02 SHEET 1 OF 1 SHEET EXHIBIT "B" PALA ROAD /CUPENO LANE Rabart gain Witham Fros! k Associates VACATION ^9SESSIWLL EWrKEaS. 0.wt�31 nnc ors IA1 .1..4)�iu IA).T -3N V 1 MAY 24, 1999 SCALE _-ALE: 1" =100' :IELO BOO "O. 15100053 -M2 c O c i EXHEBIT M -3 OWNER'S PURCHASE OF CM OF TEMECULA REAL PROPERTY ngvelop� AgzemcuL as 36 Robert Bein, William Frost & Associates 27555 Ynez Road. Suite 400 Temecula. CA 92591 Revised September 14. 1999 Mav 24, 1999 JN 15- 100053- M3 Page 1 of 1 EXHIBIT "A" Legal Description Pala Road Ouitclaim That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Pala Road: bounded on the North by the southerly line of State Highway 79 as shown on Tract No. 20319 filed in Book 181, Pages 54 through 58 of Maps in the Office of the County Recorder of said Riverside County; bounded on the West by the easterly line of said Tract No. 20319: bounded on the South by the northerly line of Cupeno Lane (60.00 feet wide) as depicted on Exhibit "B" for Parcel "D" of an Order of Possession filed July 24, 1998 as Case No. 315426 in the Superior Court of the State of California for the County of Riverside; bounded on the Northeast by a line parallel with and 12.00 feet southwesterly from a line shown as "North 54 °19'31" West 99.02 feet" in Parcel "T' of said Order of Possession; and bounded on the East by a curve in the easterly line of Pala Road. concave easterly and having a radius of 220.92 feet as shown on a map filed in Book 54, Pages 89 and 90 of Records of Surveys in said Office of the Riverside County Recorder. RESERVING therefrom an easement for slope purposes over that portion included within Cupeno Lane (60.00 feet wide) as described in Strip 3 of a document recorded Mav 16, 1990 as Instrument No. 180581 in said Office of Riverside Countv Recorder. ALSO, RESERVING therefrom an easement for slope purposes over that portion included within said Parcel "J" of said Order of Possession filed July 24, 1998. CONTAINING: 1.549 Gross Acres 0.644 Acres in Area "A" per Exhibit "B" 0.905 Acres in Area "B" per Exhibit "B" EXHIBIT "B" attached and by this reference made a part hereof. R mond L. Mathe, P.L.S. 6185 My license expires 3/31/02. 10GRMPDATA 1`:bpfMTCFWry11ADlllpy,..,y 1 00 0 '00 200 300 I GRAPHIC STALE :N L /C/L PER TRAC HIGHWAY 2 19 ,.7 u10 "14'05 "E T,Q .• pLL Sy S 8 DATA TABLE N0. BRNG /DELTA RADIUS LENGTH ' N54 "17'24 "W -- 92.12' 2 57 "45'22" 220.92' 222.69' 3 N74 "54'48 "E -- 153.74' 4 62 "48'46" 305.00' 334.37' 5 N08 "43'36 "E -- 36.71' 6 06 "56'52" 1571.00' 190.50' TOTAL PARCEL °1.549 ACRES AREA OA =0.644 ACRES AREA (D =0.905 ACRES EXHIBIT "B" PALA ROAD QUITCLAIM L N0.6185 0.31311 N54 "19'31 "W 99.C2' PER P CL, "J" OF SUPERIOR COURT C1 G5 CASE NO. 315426. e5 \ ❑INDICATES PORTION OF ROAD EASEMENT PER STRIP 3 OF INST. NO. 180581 O.R. 6 3• REC. 5/16/90 . o A � 1 �0 0\ Cq q� 119 R4�r /0. �03�9 PREPARED UNDER THE SUPERVIS OF: R 0 MATHE. L.S. 6185 EXPIRES 3 -31 -02 SHEET 1 OF 1 SHEET Robert Bein. William Frost k Associates .NOI[SSI PMI [M IIC[R5. R.M'[YS Y WKR115 nsv .tl[ ww. vi.[ m. [o[oY•. u.ua.l. ay. MAY 2n 1999 SCALE: 1" =100' 15100053 -M3 E v P 0 EXHOIT M -4 ADDMONAL PALA ROAD RIGHT -OF -WAY P:%DEFr90 AD7NMGWTAFFRM73PA99 Devdap mt Apaaoeol.doc 37 Robert Bein, William Frost & Associates 27555 Ynez Road, Suite 400 Temecula, CA 92591 August 18, 1999 J.N. 15- 100053 -M4 Page 1 of 3 EXHIBIT "A" Legal Description Pala Road Right of Way Those certain parcels of land situated in the City of Temecula, County of Riverside, State of California, being those portions of the Temecula Rancho patented to Luis Vignes by patent recorded in Book 1, Page 37 of Patents in the Office of the County Recorder of San Diego County, California, described as follows: Parcel I BEGINNING at the most northwesterly corner of Parcel `B" as described in an Order of Possession filed July 24, 1998 as Case No. 315426 in the Superior Court of the State of ' California for the County of Riverside; thence along the southwesterly line of said Parcel "B ", the westerly line of Parcel "A" of said Case No. 315426 and the northwesterly line of Parcel "F" of said Case No. 315426 through the following courses: South 54 01724" East 99.02 feet to a point on a non - tangent curve concave easterly and having a radius of 1055.00 feet, a radial line of said curve from said point bears North 72 °43'51" East; thence along said curve southerly 160.85 feet through a central angle of 08 °44'09'; thence non - tangent from said curve South 17°35'51" West 19.13 feet to the northerly line of Cupeno Lane (60.00 feet wide) as described in Strip 3 of a document recorded May 16, 1990 as Instrument No. 180581 of Official Records in the Office of the County Recorder of said Riverside County; thence leaving said northwesterly line of Parcel "F ", along said northerly line of Cupeno Lane South 70 010'19" West 11.91 feet; thence North 16 °31'19" East 19.28 feet to a point on a non - tangent curve concentric with said curve in the westerly line of said Parcel "A" and having a radius of 1067.00 feet, a radial line of said curve from said point bears North 63 °59'32" East; Legal Description ' Pala Road Right of Way August 18, 1999 JN 15-100053- M4 Page 2 of 3 thence along said curve northerly 157.02 feet through a central angle of 08°25'54" to a line parallel with and 12.00 feet southwesterly from said southwesterly line of Parcel "B "; thence non - tangent from said curve, along said parallel line North 54 01724" West 113.61 feet to a point on a non - tangent curve in the southerly line of State Highway 79 as shown on Tract No. 20319 filed in Book 181. Pages 54 through 58 of Maps in said Office of the Riverside County Recorder, a radial line of said curve from said point bears North 03 01713" East; thence along said curve and southerly line easterly 22.13 feet through a central angle of 00 °48'26" to the POINT OF BEGINNING. CONTAINING: 3370 square feet. more or less. Parcel Z BEGINNING at the most northeasterly corner of Parcel "C" as described in an Order of Possession filed July 24, 1998 as Case No. 315426 in the Superior Court of the State of ' California for the County of Riverside; thence along the southeasterly line of said Parcel "C "and the easterly line of Parcel "A" of said Case No. 315426 through the following courses: South 3416'46" West 71.98 feet to a point on a non - tangent curve concave easterly and having a radius of 945.00 feet, a radial line of said curve from said point bears North 71°01'17' East: thence along said curve southerly 438.79 feet through a central angle of 26036'15" to a point on a non - tangent curve in the easterly line of Pala Rd. (110.00 feet wide) as described in Strip 1 of a document recorded May 16, 1990 as Instrument No. 180581 of Official Records in said Office of the Riverside County Recorder, a radial line of said curve from said point bears North 56°21'27" East; thence leaving said easterly line of Parcel "A ", along said curve and easterly line of Pala Road as described in Strip 1 northerly 58.75 feet through a central angle of 03 °11'27" to a point on a non - tangent curve concentric with said curve in the easterly line of Parcel "A" and having a radius of 933.00 feet, a radial line of said curve from said point bears North 47 °5537 East; thence along a line parallel and /or concentric with and 12.00 feet easterly from said easterly line of Parcel "A" and southeasterly line of Parcel "C" through the following courses: along said curve northerly 370.04 feet through a central angle of 22 °43'28 "; ' Legal Description Pala Road Right of Way August 18, 1999 JN 15- 100053 -M4 Page 3 of 3 thence non - tangent from said curve North 34°26'46" East 76.29 feet to a point on a non - tangent curve in the southerly line of State Highway 79 as shown on Tract No. 20319 filed in Book 181, Pages 54 through 58 of Maps in said Office of the Riverside County Recorder, a radial line of said curve from said point bears North 06 °40'45" West; thence leaving said parallel line, along said curve and southerly line westerly 15.86 feet through a central angle of 00 034'43" to the POINT OF BEGINNING. CONTAINING: 5744 square feet, more or less. SUBJECT TO all covenants, rights. rights-of-way and easements of record. EXHIBIT "B" attached and by this reference made a part hereof. ' ,44 nond . Mathe, PLS 6185 My License Expires 03/31/02 L No.6185 EXP.3/311 C I 100 0 '00 200 300 PINYON 1 GRAPHIC SCALE iN FEET .. . 572'58'01 a6 "� 310562.00 (GRIT 2257398.5576 LAKE 5201355.2919 MATHEWS STATE HIGHWAY 79 C/L PER TRACT NO- 29 8 S54 17 24 E -- PCL 1 PLC. 2 71.98' 2 08'44'09" 1055.00' N72'43'51'E 9 RT % 10 � dv� S17'35'51 "W -- 1 � %71'\71. 17• 13 4 570.10'19 "W -- 7 R) /Z . ^7 N16'31'19 "E -- 19.28' 6 08'25'44" 1067.00' 157.02' ' PARCEL 1 N54'17'24 "W -- 113.61' 3370 SQ. rT. IY \ c') 22.13' 766.29' .04' �32 "E _\ , 14 00.34'43° 1571.00' 5 10 SHEET 1 OF ,r EXHIBIT 0Ai� lR 55. 1 55 y y 7 A 1 9 � O 574 SO. LA 9 ,a. \ �O\ N4 1jS4`S8o U,9090 ` RlR \\ ------ - - - - -- DATA - TABLE - -- ,CT NO- BRNG /DELTA RADIUS LENGTH ?p j 9 ------ -- ---- --- -- ------- / 1 S54 17 24 E -- 99.02 71.98' 2 08'44'09" 1055.00' 160.85' 10 3 S17'35'51 "W -- 19.13' 4 570.10'19 "W -- 11.91' 03'11'27" 1055.00' 5 N16'31'19 "E -- 19.28' 6 08'25'44" 1067.00' 157.02' ' 7 N54'17'24 "W -- 113.61' 3,INST. NO. 8 00'48'26" .1571.00' 22.13' 766.29' O � Y h n 8 �2CF N0.V,06 PREPARED UN O THE SUPERVIS 0 F: L. MATHS, L.S. 6185 EXPIRES 3 -31 -02 9 S34'26'46 "W -- 71.98' OA PALA ROAD PER STRIP 1, INST. NO. 10 26'36'15" 945.00' 438.79' 180581,0.R. (5- 16-90) 11 03'11'27" 1055.00' 58.75' 12 12 22'43'26" 933.00 ' 370 O CUPENO LAW PER STRIP 3,INST. NO. 13 N34'26'46 "E -- 766.29' .04' 180581,0.R. (5- 16 -90) 14 00.34'43° 1571.00' 15.86' SHEET 1 OF 1 SHEET EXHIBIT "B" mRnha♦ Rain, Wil /inm F,t M Ae,iO, PALA ROAD >na wi ao. vrt .00, rtm�. w�nw,u .v, RIGHT OF WAY SCALE FIELD BDOK •' AUGUST 18. 1999 SCALE: 1" =100' 15100053 -M4 T O i 0 t i