HomeMy WebLinkAbout02_047 PC ResolutionATTACHMENT NO. 2
PC RESOLUTION NO. 2002-047
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL APPROVE THE FOLLOWING:
1) GENERAL PLAN AMENDMENT FOR THE RORIPAUGH
RANCH SPECIFIC PLAN (PLANNING APPLICATION NO.
99-0298);
2) THE RORIPAUGH RANCH SPECIFIC PLAN (PLANNING
APPLICATION NO. 94-0075);
3) ADOPT AN ORDINANCE AUTHORIZING THE
RORIPAUGH RANCH SPECIFIC PLAN ZONING
STANDARDS (PLANNING APPLICATION NO. 94-0075);
4) ADOPT AN ORDINANCE AUTHORIZING A CHANGE OF
ZONE TO AMEND THE OFFICIAL ZONING MAP OF THE
CITY (PLANNING APPLICATION 94-0075); AND
5) ADOPT AN ORDINANCE AUTHORIZING THE
RORIPAUGH RANCH DEVELOPMENT AGREEMENT
(PLANNING APPLICATION NO. 99-0299); ON PARCELS
TOTALING APPROXIMATELY 804.7 ACRES, LOCATED
NEAR THE FUTURE INTERSECTION OF Bu'rI'ERFIELD
STAGE ROAD AND NICOLAS ROAD AND FURTHER
IDENTIFIED AS ASSESSOR PARCEL NOS. 957-130-001
and 002, 957-340-001, 003, 007, 008, AND 958-260-001
and 002.
WHEREAS, Ashby USA, LLC filed Planning Application Nos. PA99-0298 (General Plan
Amendment), PA94-0075 (Specific Plan, Development Code Amendment, Roripaugh Ranch
Zoning Standards), PA94-0075 (Change of Zone), and PA99-0299 (Development Agreement)
(the "Application"), in a manner in accord with the City of Temecula General Plan, Development
Code, CEQA Guidelines and California State CEQA Guidelines;
WHEREAS, the Application was processed including, but not limited to public notice, in
the time and manner prescribed by State and local law;
WHEREAS, the Temecula Municipal Code Section 17.16.070 shall be amended to add
Specific Plan No. 11, the Roripaugh Ranch Specific Plan and adopting the zoning ordinance
and development standards contained in the Roripaugh Ranch Specific Plan by Ordinance;
WHEREAS, the Planning Commission considered the Application on October 16, 2002
October 30, 2002 at duly noticed public hearings as prescribed by law, at which time the City
staff and interested persons had an opportunity to, and did testify either in support or opposition
to this matter;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of
the testimony, the Commission recommended approval of the Application subject to the
recommended conditions, together with the concurrent recommendation on the Roripaugh
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Ranch EIR and adoption of the Mitigation Monitoring Program after finding that the project
proposed in the Application conformed to the City of Temecula General Plan;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. In all respects as set forth in the recitals hereinabove, which are hereby
incorporated by reference.
Section 2. Findings. That the Planning Commission, in recommending approval of
the Application, hereby makes the following findings:
General Plan Amendment: The General Plan Amendment for the Land Use Element is
necessary to conform the current General Plan Land Use Plan with the Specific Plan Land Use
Plan and the General Plan designation of 3 dwelling units per gross acre. Further, the General
Plan Amendment for the Cimulation Element is necessary to conform the Roripaugh Ranch
Circulation Plan with the General Plan Circulation Map based on the findings of the Traffic Study
for the Project.
Specific Plan Findings
A. The proposed Specific Plan is consistent with the General Plan, as it is proposed
to be amended, and Development Code. The proposed Specific Plan is consistent with the
goals and policies of the General Plan and Development Code. The Specific Plan is a
reallocation and redistribution of the majority of the existing Land Use Designations and is
consistent with the General Plan's allocation of 3 dwelling units per gross acre and serves as an
implementation tool for the General Plan. Therefore, as proposed, the Specific Plan is
consistent with the General Plan, as it is proposed to be amended, and Development Code.
B. The proposed Specific Plan would not be detrimental to the public interest,
health, safety, convenience or welfare of the city. The project has been reviewed by agencies
and staff, and is determined to be in conformance with the City's General Plan (as it is proposed
to be amended), Development Code, Design Guidelines and Growth Management Program
Action Plan. These documents set policies and standards that protect the health, safety and
welfare of the community. In addition, the Specific Plan is a master planned community with
specific design guidelines and standards that ensure compatibility and interface with the
surrounding community in terms of density, design and circulation. Therefore, as proposed,
conditioned and designed, the Specific Plan is compatible with the health, safety and welfare of
the community.
C. The subject property is physically suitable for the requested land use
designations and the anticipated land use developments. There are no physical constraints of
the site which would preclude or prohibit the requested land use designations or anticipated
developments. Moreover, the proposed Specific Plan land uses are consistent with the General
Plan's allocation of 3 dwelling units per gross acre and will serve as the tool to regulate and
implement the goals and policies of the General Plan. The applicant has submitted applications
for Tentative Tract Maps for portions of the site which illustrates that the site is physically
suitable for the land uses and development proposed in the Specific Plan.
D. The proposed project will ensure development of desirable character which will
be compatible with existing and proposed development in the surrounding neighborhood. The
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project proposes its largest lots in the perimeter of the Valley Neighborhood which together with
the grade differential with the adjacent properties outside the site and the 30' fuel modification
zone makes it compatible with its surrounding uses. In addition, the grade differential, prposed
enhanced landscaping, and increased building setbacks will make the Plateau Neighborhood
consistent with the Nicolas Valley. Therefore, the Specific Plan took under consideration the
existing developments and surrounding zoning classifications to ensure development that will be
complementary and compatible with the surrounding neighborhood.
Development Aqreement Findings
A. The City desires to obtain the binding agreement of the Applicant for the
development of the property in accordance with the provisions of this Agreement.
B. The Applicant desires to obtain the binding agreement of the City to permit the
Developer to develop the Developer's Project on the Developer's Parcels in accordance with the
"Applicable Rules" (as hereinafter defined) and this Agreement.
C. The Applicant has applied to the City in accordance with applicable procedures
for approval of these mutually binding Agreements. The Planning Commission of the City has
given notice of its intention to recommend the Agreement to the City Council, and has found that
the provisions of this Agreement are consistent with the Specific Plan and the City's General
Plan, as amended.
D. These Agreements are consistent with the public health, safety, and welfare
needs of the residents of the City and the surrounding region. The City has specifically
considered and approved the impact and benefits of the development of the Property in
accordance with these Agreements upon the welfare of the region.
E. These Agreements will bind the City to the terms and obligations specified in this
Agreement and will limit, to the degree specified in the Agreement and under State law, the
future exercise of the City's ability to delay, postpone, preclude or regulate development on the
Property, except a provided for herein.
F. In accordance with the Development Agreement Statutes, this Agreement
eliminates uncertainty in the planning process and provides for the orderly development of the
Property. Further, this Agreement eliminates uncertainty about the validity of exactions imposed
by the City, allows installation of necessary improvements, provides for public services
necessary for the region with incidental benefits for the Property, and generally serves the
public interest within the City of Temecula and the surrounding region.
Section 3. Environmental Compliance. This Planning Commission has reviewed the
draft EIR and Mitigation Monitoring Program and recommend that the City Council approve and
certify the same.
Section 4. Recommendation to the City Council. The City of Temecula Planning
Commission hereby recommends that the City Council approve the following:
A. A Resolution approving the General Plan Amendment and Specific Plan
contained in Exhibit A attached hereto and incorporated herein by this reference;
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B. An Ordinance amending the Development Code and adopting the zoning
standards, amending the Official Zoning Map of the City of Temecula, and pre-zoning the Valley
Neighborhood as Specific Plan as contained in Exhibit B attached hereto and incorporated
herein by this reference;
C. An Ordinance authorizing the Roripaugh Ranch Development Agreement as
contained in Exhibit C attached hereto and incorporated herein by this reference with a
recommendation that the City Council modify the required improvement of Nicolas Road from
two lanes to four lanes from the MWD easement to Calle Girasol.
D. All substantially in the forms contained in the above referenced Exhibits for the
property located near the future intersection of Butterfield Stage Road and Nicolas Road.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 30th day of October 2002.
Dennis C[~iniaeff, ChairmantY~J
ATTEST:
Debb~ Ubn~)ske
Secretary
[SEAL]
S'~'ATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2002-047 was duly and regularly adopted by the Planning Commission
of the City of Temecula at a regular meeting thereof held on the 30th day of October, 2002, by
the following vote:
AYES: 4
PLANNING COMMISSIONERS:
Guerriero, Mathewson, Olhasso and
Telesio
NOES:
0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 1
PLANNING COMMISSIONERS:
Chairman Chiniaeff
Debbie Ubnoske, Secretary
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EXHIBIT A (For Attachment No. 2)
CITY COUNCIL RESOLUTION FOR THE GENERAL PLAN AMENDMENT
AND
SPECIFIC PLAN
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CC RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA99-0298 (GENERAL PLAN AMENDMENT) FOR THE
RORIPAUGH RANCH SPECIFIC PLAN AND ADOPTING
SPECIFIC PLAN NO. 11 (PLANNING APPLICATION NO. 94-
0075) ON PARCELS TOTALING 804.7 ACRES LOCATED
NEAR THE FUTURE INTERSECTION OF BU'I-FERFIELD
STAGE ROAD AND NICOLAS ROAD, AND KNOWN AS
ASSESSOR PARCEL NOS. 957-130-001 and 002, 957-340-001,
003, 007, 008, AND 958-260-001 and 002 BASED UPON THE
ANALYSIS AND FINDINGS CONTAINED IN THIS
RESOLUTION.
WHEREAS, Ashby USA, LLC filed Planning Application Nos. PA94-0075 and PA99-
0298 (the "Application"), in a manner in accord with the City of Temecula General Plan,
Development Code, CEQA Guidelines and California State CEQA Guidelines;
WHEREAS, the Application was processed including, but not limited to public notice, in
the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered the Application on October 16, 2002,
at duly noticed public hearings as prescribed by law, at which time the City staff and interested
persons had an opportunity to, and did testify either in support or opposition to this matter;
of the
based
WHEREAS, at the conclusion of the Commission hearings and after due consideration
testimony, the Commission recommended approval of the Application subject to and
upon the findings set forth hereunder;
WHEREAS, the City Council considered the Application on ,2002, at
a duly noticed public hearing as prescribed by law, at which time the City staff and interested
persons had an opportunity to, and did testify either in support or opposition to this matter;
WHEREAS, at the conclusion of the Council hearing and after due consideration of the
testimony, the Council approved of the Application, and certified the Environmental Impact
Report, made all required findings and determinations relative thereto and adopted the
Mitigation Monitoring Program after finding that the project proposed in the Application
conformed to the City of Temecula General Plan as amended;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2. Findings. That the City Council, in approving the Application, hereby
makes the following findings as required in Chapter 17.16 of the Temecula Municipal Code:
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General Plan Amendment
A. The project as proposed and conditioned is compatible with the health, safety
and welfare of the community. The project has been reviewed by agencies and staff and
determined to be in conformance with the City's General Plan, Development Code, Design
Guidelines and Growth Management Program Action Plan. These documents set policies and
standards that protect the health, safety and welfare of the community. Access and circulation
are adequate for emergency vehicles.
B. The project is compatible with surrounding land uses. The project proposes
similar residential neighborhoods adjacent to existing surrounding neighborhoods as it provides
a transition in lot sizes, with interface buffers and full roadway improvements.
C. The proposed project will not have an adverse effect on the community because
it remains consistent with the goals and policies of the adopted General Plan. The project does
not represent a significant change to the planned land uses for the site. The General Plan
Amendment is a relocation and reallocation of existing land use designations that conforms to
the design of the specific plan.
Specific Plan
A. The proposed specific plan is consistent with the General Plan, as it is proposed
to be amended, and development code. The proposed Specific Plan is consistent with the
goals and policies of the general plan and development code. The Specific Plan is a
reallocation and redistribution of the majority of the existing Land Use Designations and serves
as an implementation tool for the General Plan. Therefore, as proposed, the Specific Plan is
consistent with the general plan, as it is proposed to be amended, and development code.
B. The proposed Specific Plan would not be detrimental to the public interest,
health, safety, convenience or welfare of the city. The project has been reviewed by agencies
and staff, and is determined to be in conformance with the City's General Plan (as it is proposed
to be amended), Development Code, Design Guidelines and Growth Management Program
Action Plan. These documents set policies and standards that protect the health, safety and
welfare of the community. In addition, the Specific Plan is a master planned community with
specific design guidelines and standards that ensure compatibility and interface with the
surrounding community in terms of density, design and circulation since it provides a transition
in lot sizes. Therefore, as proposed, conditioned and designed, the Specific Plan is compatible
with the health, safety and welfare of the community.
C. The subject property is physically suitable for the requested land use
designations and the anticipated land use developments. There are no physical constraints of
the site which would preclude or prohibit the requested land use designations or anticipated
developments. Moreover, the proposed Specific Plan land uses are consistent with the land
uses of the General Plan and will serves as the tool to regulate and implement the goals and
policies of the General Plan. The applicant has submitted applications for Tentative Tract Maps
which indicate that the site is physically suitable for the land uses and development proposed in
the Specific Plan.
D. The proposed project shall ensure development of desirable character which will
be compatible with existing and proposed development in the surrounding neighborhood as it
provides a transition in lot sizes. The project proposes similar residential land uses adjacent to
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the existing surrounding neighborhoods, with landscape buffers and interfaces. The Specific
Plan took under consideration the existing developments and surrounding zoning classifications
to ensure development that will be complementary and compatible with the surrounding
neighborhood.
Section 3. Environmental Compliance. The City Council of the City of Temecula has
certified the Final Environmental Impact Report, made all required findings and determinations
relative thereto and adopted the Mitigation Monitoring Program after finding that the project
proposed in the Application conformed to the City of Temecula General Plan, as amended, for
the Roripaugh Ranch Specific Plan in order to approve the Application.
Section 4. General Plan Amendment. The City Council of the City of Temecula
hereby approves the Application Amending the Land Use Element to amend the General Plan
Land Use Map and to incorporate the annexation area into the City Limits (Figure 2-1of the
General Plan, Exhibit A-1 ) and to Amend the General Plan Specific Plan Overlay Exhibit (Figure
2-5 of the General Plan, Exhibit A-2) to include Planning Areas 33A and 33B and amending the
General Plan Circulation Element (Figure 3-1 of the General Plan, Exhibit A-3) to eliminate the
connection between Nicolas Road and Calle Contento through the project and to change the
designation of Butterfield Stage Road between Murrieta Hot Springs Road and Nicolas Road
from 110' (Arterial Highway with 4 lanes) to Specific Plan Road, Add "A" and "B" Streets as
Collector, and add North and South Loop Road as Specific Plan Road for 804.7 acres on
property located near the future intersection of Butterfield Stage Road and Nicolas Road, and
known as Assessor Parcel Nos. 957-130-001 and 002, 957-340-001,003, 007, 008, AND 958-
260-001 and 002.
Section 5. Specific Plan. The City Council of the City of Temecula hereby approves
mixed use specific plan known as the Roripaugh Ranch Specific Plan (SP No. 11) subject to the
Conditions of Approval included in Exhibit A-4 and as shown on Exhibit A-5 (the Roripaugh
Ranch Specific Plan Document Volumes I and II), on property locate near the future intersection
of Butterfield Stage Road and Nicolas Road, and known as Assessor Parcel Nos. 957-130-001
and 002, 957-340-001, 003, 007, 008, AND 958-260-001 and 002 subject to that attached
Conditions of Approval.
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Section 6. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Department this ............ day of .......... 2002.
ATTEST:
Ron Roberts, Mayor
Susan W. Jones, CMC/AAE
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that
Resolution No. 2002- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the day of 2002,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC/AAE
City Clerk
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EXHIBIT A-1
PROPOSED GENERAL PLAN LAND USE MAP
FOR THE
RORIPAUGH RANCH SPECIFIC PLAN
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E~
Propsed General Plan Land_U_.s_e. pe,_.s_ig..nation__._~s
EXHIBIT A-2
PROPOSED GENERAL PLAN
THE SPECIFIC PLAN OVERLAY EXHIBIT
FOR THE
RORIPAUGH RANCH SPECIFIC PLAN
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SPECIFIC pi AN OVERI.AY
Approved Specific Plnn
Ar~as
PA 33 A and B
-'he City of
TEMECULA
General Plan Program'
FIOURE 2-5
EXHIBIT A-3
PROPOSED GENERAL PLAN CIRCULATION MAP
FOR THE
RORIPAUGH RANCH SPECIFIC PLAN
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Proposed General Plan Circulation Ele_rn_.e..n.t.,A_,m_e._ndme.._.._Qnt '
BI:
EXHIBIT A-4
CONDITIONS OF APPROVAL
RORIPAUGH RANCH SPECIFIC PLAN
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EXHIBIT A-4
CITY OF TEMECULA
CONDITIONS OFAPPROVAL
Planning Application No. PA94-0075 (Specific Plan) - Roripaugh Ranch Specific Plan No.
11
Project Description:
A Specific Plan for 804.7 acres to provide zoning and
development standards for the development of 2,015 dwelling
units within several gated communities, 110,000 square feet of
neighborhood commemial retail space, a 12 acre elementary
school site and a 20 acre middle school site, two public parks sites
including a 19.7 acre Sports Park with lighted playing fields and a
4.8 acre neighborhood park with passive uses, three private
recreation facilities, private and public trails and paseos, a fire
station site, and 202.7 acres of natural open space to be
preserved as permanent habitat, related flood control
improvements to Santa Gertrudis Creek and Long Valley Wash.
Assessor's Parcel Nos.
957-130-001 and 002, 957-340-001,003, 007, 008, AND 958-260-
001 and 002
Approval Date:
October 30, 2002
PLANNING DIVISION
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant shall deliver to the Community Development Department - Planning
Division a cashier's check or money order made payable to the County Clerk in the
amount of Nine Hundred Twenty-Eight Dollars ($928.00) which includes the Eight
Hundred and Fifty Dollar ($850.00) fee, required by Fish and Game Code Section
711.4(d)(3) plus the Seventy-Eight Dollars ($78.00) County administrative fee, to enable
the City to file the Notice of Determination for the Environmental Impact Report required
under Public Resources Code Section 21151 and California Code of Regulations
Section 15904. If within said forty-eight (48) hour period the Applicant has not delivered
to the Community Development Department - Planning Division the check as required
above, the approval for the project granted shall be void by reason of failure of condition
(Fish and Game Code Section 711.4(c)).
General Requirements
Approval of this Specific Plan is contingent upon and shall not become effective nor shall
it vest until a General Plan Amendment (GPA) and Zone Change are approved by the
City Council, and an Environmental Impact Report (EIR) or any other environmental
review under the provisions of the California Environmental Quality Act (CEQA) are
certified by the City Council.
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Within thirty (30) days of approval of the Specific Plan, the applicant shall submit a final
copy reflecting all the changes necessary to make the document consistent with City
Council's final action including the Errata Sheet dated 10-30-02 included in the October
30, 2002 Planning Commission Report and curb Separated sidewalks on local streets.
The final Specific Plan shall be reviewed for consistency and approved by the Planning
Director. Grading permits shall not be issued until all changes to the Specific Plan
document are approved by the Planning Director. (Amended by the Planning
Commission on 10-30-02)
The approval granted by this Resolution shall become effective upon the Effective Date
of the Development Agreement, as the term Effective Date is defined in the
Development Agreement adopted concurrently with this Resolution. In addition to the
foregoing, in the event a Development Agreement is entered into that supercedes or
alters these conditions of approval and the applicant causes a default or terminates by
conduct the Development Agreement, then the City shall immediately consider the
revocation of the approval granted by this Resolution.
The Specific Plan shall not be effective for the portion of the site not within the City
Limits until the annexation of the property is completed or by other means as approved
by the City Attorney.
The following shall be completed prior to the City Council Hearing:
Only four lots, of approximately 1.8 acre each, shall be provided along the
eastern property line within PA 19 adjacent to parcels with Assessor's Parcel
numbers 943-160-018, 943-160-017, 943-150-021, and 943-150-020.
Only five lots, of approximately 1.3 acre each, shall be provided along the
southern property line within PA 20 adjacent to parcels with Assessor's Parcel
numbers 943-050-007, 943-050-018, and approximately 300' easterly portion of
943-050-009.
The southeast corner of PA 20 and easterly and southeasterly corner of PA 21
shall be redesigned to reduce number of lots by 2 and 1, respectively, as shown
on the attached Exhibit A, B, C, D, and E.
Planning Area 33A and B shall have minimum 1 acre lots along the western
boundary and minimum 1/2 acre lots everywhere else.
The Design Guidelines for all Planning Areas needs to include language that the
street scene for all these areas to include a reasonable mix of single-story units.
Add Section 5.4 to the Specific Plan consistent with The Albert Group proposal
for submittal requirements, Attached as Exhibit F.
The property line fence along the south side of PA 7A shall be a 5' 6" to 6' high
three-rail horse fence with wire mesh. (Added by the Planning Commission on
10-30-02)
All local streets shall have curb-separated sidewalks. (Added by the Planning
Commission on 10-30-02)
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EXHIBIT A-5
PROPOSED RORIPAUGH SPECIFIC PLAN DOCUMENTS
(VOLUME I AND II, PROVIDED UNDER SEPARATE COVER)
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Proposed Land Use Plan
EXHIBIT B (For Attachment No. 2)
CITY COUNCIL ORDINANCE FOR
AMENDING THE DEVELOPMENT CODE AND ADOPTING THE ZONING STANDARDS,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA, AND PRE-
ZONING THE VALLEY NEIGHBORHOOD AS SPECIFIC PLAN
FOR THE RORIPAUGH RANCH SPECIFIC PLAN
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ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, APPROVING PLANNING APPLICATION NO. 94-
0075 (DEVELOPMENT CODE AMENDMENT) AMENDING
SECTION 17.16.070 TO INCLUDE RORIPAUGH RANCH
SPECIFIC PLAN NO. 11, AMENDING THE OFFICIAL ZONING
MAP, ADOPTING THE DEVELOPMETN AND ZONING
STANDARDS, AMENDING THE OFFICIAL ZONING MAP OF
THE CiTY OF TEMECULA, AND PRE-ZONING THE VALLEY
NEIGHBORHOOD AS SPECIFIC PLAN ON PARCELS
TOTALING APPROXIMATELY 804.7 ACRES LOCATED NEAR
THE FUTURE INTERSECTION OF BUTTERFIELD STAGE
ROAD AND NICOLAS ROAD, AND FURTHER IDENTIFIED AS
ASSESSOR PARCEL NOS. 957-130-001 and 002, 957-340-001,
003, 007, 008, AND 958-260-001 and 002
THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
Section 1. Add the following to the end of the list contained in Section 17.16.070 of
the Temecula Municipal Code:
"SP-11 Roripaugh Ranch
SP-13 Harveston"
Section 2. The City Council for the City of Temecula hereby adopts Chapter 5 of the
Roripaugh Ranch Specific Plan, Development Standards as an uncodified ordinance.
Section 3. Notice of Adoption. Within 10 days after the adoption hereof, the City
Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be
posted in at least three public places in the City.
Section 4. Environmental Compliance. The City Council of the City of Temecula
hereby finds that the Final Environmental Impact Report (FEIR) and mitigation monitoring
reporting program is consistent with the California Environmental Quality Act (CEQA) and that it
accurately addresses the impacts associated with the adoption of these two Ordinances
implementing the Roripaugh Ranch Specific Plan.
Section 5. Severability. The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
Section 6. The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be posted as required by law.
Section 7. Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three designated posting places.
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Section 8. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Council members voting thereon, it shall be published in a newspaper published and circulated
in said City.
Section 9.
of Temecula this
PASSED, APPROVED, AND ADOPTED, by the City Council of the City
day of 2002.
ATTEST:
Ron Roberts, Mayor
Susan W. Jones, CMC/AAE
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that
the foregoing Ordinance No. 2002-.__ was duly introduced and placed upon its first reading
at a regular meeting of the City Council on the __ day of 2002, and that
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City
Council of the City of Temecula on the __ day of ,2002 by the following roll call
vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Susan W. Jones, CMC/AAE
City Clerk
R:~S PxRorlpaugh Ranch SP~new~PC Staff Report 10-16-02~Resos and ord (EJP) - 10-30-02 approved by PC.doc
75
EXHIBIT A
FOR ATTACHMENT 3
PROPOSED ZONING MAP
CHAPTER 5 OF THE RORIPAUGH RANCH SPECIFIC PLAN
DEVELOPMENT STANDARDS
sPECIFIC PLAN ZONING ORDINANCE
5.1
PURPOSE AND INTENT
The zoning for the Specific Plan area is Specific Plan Oveday. This section of the Specific Plan
establishes zoning districts and land use regulations and standards that will control land use and
development in the land uses identified for the Specific Plan area. These regulations emend and
supersede the regulations of the Temecula Development Code. Where standards and regulations
are not specified in this Specific Plan, the requirements of the Temecula Development Code shall
provide the regulatory authority. This section also identifies the procedures to be used to review site
plans for development projects proposed within the Specific Plan area. Special standards for
residential development are also included here. The Site Planning and Architectural Design
Guidelines in Section 4.0 are Intended to be used in conjunction with the zoning and development
standards stated here.
The following standards will serve as the pdmary mechanism for implementation of the land uses for
the Roripaugh Ranch Specific Plan. These regulations provide an appropriate amount of flexibilityto
anticipate future needs and to achieve compatibility between land uses. Principal land uses for the
Specific Plan shall be as follows:
Residential Land Uses:
· Low Density (L) Single-Family Detached: (PA 10, 19, 20, 21, 33A and 33B)
· Low Medium (LM) Density Single-Family Detached: (PA 1A-4B, 16 - 18)
· Medium (M1) Density Single-Family Detached: (PA 23 and 24)
· Medium (M2) Density Single-Family Detached and Attached clustered: (PA 12, 14, 15, 22
and 31)
2. Commercial:
· Neighborhood Commerciah (PA 11)
Parks and Open Space:
· Private Recreation Centers (PA 5, 30)
· Private Mini-Park (PA lB)
· Parks (PA 6, 27)
· Open Space
· Habitat (OS1): (PA 8, 9A, 9B, and 13)
· Flood Control (OS2): (PA 7B, 7C, 25, 26, and portions of 14 and 27)
· Landscape Slope (OS3): (PA 7A and portion of 6)
4. Elementary and Middle School: (PA: 28 and 29)
5. Fire Station: (PA 32)
Rodpau~h Ranch Specific Plml 5-1
C.'~DOCUM ENTS AND S ETTI NG SUdAASEHS~.OCAL Sb It iN GS\TEMI~S PSECTS CC DOCUM ENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.2
GENERAL PROVISIONS
This section of the development regulations states the general rules that must be observed by all
development projects in order to protect the public health, safety and welfare. These regulations
apply to all planning areas within the Roripaugh Ranch Specific Plan, unless otherwise specified.
1. Roripaugh Ranch Site Planning and Architectural Design Guidelines
All development within the Rorlpaugh Ranch Specific Plan area is subject to the policy
provisions of the Site Planntng (Section 4.0) 8nd Architectural Design Guidelines (Section 4.0)
adopted by ordinance of the Temecula City Council, The Design Guidelines in conjunction with
the development standards contained in this Specific Plan and those of the Temecula
Development Code shall regulate development within the Specific Plan area. The Design
Guidelines will be administered through the City of Temecula Planning Department, All
development within the Roripeugh Ranch Specific Plan area shall be subject to the Development
Standards in this section of the Specific Plan.
2o
Code Compliance
All construction and development within the Roripaugh Ranch Specific Plan area shall comply
with applicable provisions of the Specific Plan, the Uniform Building Code and the various
related mechanical, electrical, plumbing and fire cedes, water ordinance, grading and excavation
codes and subdivision codes, in effect in the City of Temecula at the time grading/building
permits are obtained.
3. Setback Requirements
The setback requirements ara as specified within the standards identified in the plan for each
zoning district. If not otherwise specified, all setbacks shall be determined as the perpendicular
distance from the existing or planned street right-of-way line or property line, to the foundation
point ot the closest structure.
4. Exceptions
If specific development standards have not been established or if an issue, condition or situation
arises or occurs that is not clearly understandabla in the Specific Plan, then those regulations
and standards of the City of Temeeula Development Code that ara applicable for the most
similar use, condition or situation shall apply as determined by the Community Development
Director.
5. Enforcement
Enfomement of the provisions herein shall be in the manner specitied in the Temecula Municipal
Code for zoning enforcement.
6. Unspecified Uses
Whenever a use has not specifically been listed as being a permitted use in a particular zone
classification within the Specific Plan, it shall be the duty of the Planning Director to determine if
said use is: (1) consistent with the intent of the zone; and (2) compatible with other listed
permitted uses. Any person aggrieved by the decision may appeal to the Planning Commission.
Rodpaugh Ranch Spec~fl(: Plan 5-2
C:~DOCUMENTS AND SETTJN GS'ddAAS EH S~.OCAL SETTINGS\TEMImSPSECT5CCDOCU MENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.3
RESIDENTIAL DEVELOPMENT STANDARDS
The Roripaugh Ranch Specific Plan provides a mix of diverse housing products, including five
different housing types that fall within three of the City's General Plan residenti;~l designations:
Temecula General Plan
Specific Plan Desl~lnatlon Residential Deslqnatlon
L (20,000 sq. ft.)
Single-Family (1-2 du/ac)
LM (5,000 and 6,000)
Single-Family (2-5 du/ac)
(Min. 5,000 sf lot size)
M1 and M2 (4,000 and NA)
Single-Family (7-12 du/ac)
Min. (standard) 4,000 sf lot size
Min. (clustered) 3,000 sf lot size for detached
Low Density Residential
Single-Family (.5-2 du/ac)
Low Modlum Density Residential
Single-Family (3-6 du/ac)
Medium Density Residential
Single-Family (7-12 du/ac)
Rmt~augh Ranch Sl~c~flo Plan 5-3
C:~DOCUMENT$ AND $ETTING SVdAASEH S~.OCAL SE,] iN G S\TEM P~SPS ECTSCC DOCUMENT,O OC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.3.1 DESCRIPTION OF RESIDENTIAL DISTRICTS
LOW DENSITY RESIDENTIAL (L) - PLANNING AREAS NOS. 10, 19, 20, 21, 33A AND 33B
The Low Density Residential (L) zoning district is intended to provide for the development of single-
family detached homes on large lots with a unique character of development. Typical lot sizes in the L
zoning district will be a minimum of 20,000 square feet with 1 acre minimum lots along the exterior
perimeter of Planning Areas 19, 20, 21, and 33A. Private equestrian use will only be allowed on lots
one acre or larger adjacent to Ihe multi-use trail in Planning Areas 19, 20, 21. Planning Ama 33B
shall not be developed as a part of Roripaugh Ranch. This planning area shall eventually be
combined with the adjacent residential areas to the north.
LOW MEDIUM DENSITY (LM) - PLANNING AREAS NOS. lA, 2, 3, 4A, 4B, 16, 17 and 18
The Low Medium (LM) zoning district is intended to provide for the development of single-family
homes on lots of 5,000 square feet to 6,000 square feet. Planning Areas 1,2, 3, 4A, 4B, and 16 shall
have a minimum lot size of 5,000 sq. ft. Planning Areas 17 and 18 shall have a minimum lot size of
6,000 sq. fl.
MEDIUM DENSrFY - STANDARD (M1) - PLANNING AREAS NOS. 23 AND 24
The Medium (M) zoning district is intended to provide for the development of single-family homes on
lots 4,000 minimum square feet.
MEDIUM DENSITY - CLUSTERED (M2) - PLANNING AREAS NOS. 12, 14, 15, 22 AND 31
The Medium (M) zoning district is intended to provide for the development of clustered single-family
development on minimum lot sizes of 3,000 sq. ff.
Rorlpaul]h Ranch Specific Plan 5-4
C:'*DOCUMEI~rFS AND SETTINGS~XIAASEHS~.OCAL SEI'i'INGS~TEMP~SPSECTSCCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.3.2 USE REGULATIONS
The list ol land uses in the following table shall be permitted in one or more of the residential zoning
districts as indicated in the columns corresponding to each residential zoning 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. Where indicated with a letter 'C", the use shall be conditionally permitted subject to
approval of a conditional use permit.
Table 6.1
Schedule of Permitted Usee - Residential Districts
Descrlptton of Ua, I L LM M1 I M2
Single-family detached P P P
Single-family attached P
Single-family zero lot line P P
Single-family attached greater than two units
Multiple family
Manufactured homes P P P P
Mobilehome park
Facilities for the menially disordered, handicapped, or dependent or P P P P
neglected children (aix or fewer)
Facilities for the mentally disordered, handicapped, or dependent or
neglected children (seven to twelve)
Alcoholism or drag abuse recovery or treatment facility (six or fewer) P P P P
Alcoholism or drug abuse recovery or treatment facility (seven or more)
Residential care facilities for the elderly (six or fewer) P P P P
Residential care facilities for the elderty (seven or more)
Congregate care residential facilities for the elderly
Boarding, rooming and lodging facilities
Secondary dwelting units as defined by City Development Code P P
Granny Flat P P
Family day care homes-small (four or fewer) P P P P
Family day care homes-large~ C C
Day care centers C C
Bed and breakfast establishments
Emergency shelters
Transitional housing
Nonresidential
Roffpaugh Ranch Specific Plan 5-5
C:~OCUMENTS AND SETTINGS~NAASEHSU.OCAL SETTINGS~TEMP~SPSECTSCCDOCUMENT.DOC November, 2002
SPECIRC PLAN ZONING ORDINANCE
Ag~cultumVopen specs uses
Religious institutionss C C C C
Utility fecilitles C C C C
Educational institutions
Public libraries
Public museums and a~l galleries (not for profit)
Kennels and catteries
Non commercial keeping of horses P4
Temporary real estate tract offices P P P P
Rec~'eational Vehicle Storage Yards
Perking for commercial uses
Nonprofit clubs and lodge halls
Convalescent facilities
Golf Courses
Home occupations P P P P
Construction Trailerss P P P P
1. A CUP processed for large family day cern homes is subject to Health and Safety C, ode Se~:tion 1597.46(a}(3). In
accordance therewith~ notice of the application being flied shaft be mailed to sunounding pmpa~y ownem within one
hundred feet or+ly and the notice shall In0icare that unless a request for a beadng Is made by such sun'ound]ng property
owner or other "affected pemon', the CUP will Issue wiffdn twenty days of the notice. If a hearing [s requeal~d, the
planning department shall schedule such hesdng within thirty days of the request and the hesring shall be held within
thirty days of being scheduled.
2. Allowed only within a single-family residence.
3. The Planning Director shall have the discretion to waive submitthJ ct an Admlnistretive Development Plan if it is
determined thai the conslmc~on bailer will not have an adveme impact on adjacent msidenees or businesses.
4. The keeping of horses shall only be permitted In INannlng Areas 19, 20 and 21 on lots abutting the multi-ese trail. No
more than two (2) homes and one (1) offspring up to six (6) months of age may be kepi on each one acre IoL NI horses
tihail be kept ica stall/coral (12' x 12' lo; each home) located a minimum distance of fifty (50) lest from neighboring
dwellings, ten (10) feet from the main dwelling on the lot and ten (10) feet from the side or rear pmparty line.
s. Religious institutions shall not be permittecl in Planning Areas lA. 2, 3, 4A and 4B
Rodp~u~h Ranch Spe~ Plan 5-6
C:~DOCUMENTS AND $ ETTIN GS~NAAS EHS~LOCAL SETTINGS\TEMP~S PSECTSCCDOCUMENT. DOC November, 2002
5.3.3
SPECIFIC PLAN ZONING ORDINANCE
DEVELOPMENT STANDARDS
In the Low (L), Low Medium (LM) and Medium (M) Zones are as follows:
Table 5-2
Development Standards - Residential Districts
Residential Development L LM LM M1 M2
Standards 20,000 5,000 6,000 4,000
(Minimum Lot Size In Feet)
Planning Area 10, 19, 20, lA, 2, 3, 17 and 18 23 end 24 12, 14, 15, 22
21, 33A 4A, 4B and 31
and 33B and 16
Minimum gross lot area 20,000 5,000 6,000 4,000 3,000
(square feet) 1 acre*
-* Lots In PA 19, 20 and
21 that abut eastern and
southern proper~y
boundary shall be a
minimum of 1 acre.
Thirty (30) toot fuel
modification zone shell not
be included in lot area.
Dwelling units per net acre 1,2 du/ac 5.2 duJac 4.0 du/an 6.1 du/ac 10.1 du/as
Minimum lot frontage st 30 ft. 25 ft. 25 It. 25 ft. NA
front property line
Minimum lot frontage for a 25 ft. 20 ft. 20 fl, 20 ft. NA
flag lot at front propelly line
Minimum width at required 50 It. 40 fi, 40 ff. 40 ft. NA
front yard setback area
Minimum lot width 60 It.* 40 ff. 40 It. 40 It. 40 ff.
· For both 20,000 sq. ft. lots
and 1 acre lots shall be
substantially the same.
Minimum lot depth 90 ft. 80 It. 80 fl, 80 fl. NA
Minimum front yard setback 25ft. 10fi 10ff. 10ft, 10ft.
- Front entry garages 18 ft. 18 It. 18 ft. 18 It. 18 ft.
- Side entry garages 10 ft, 10 It. 10 ft. 10 ft. 10 ff.
- Lots abutting Murriets
Hot Springs between
Pourroy Rd. and the MWD
easement may be reduced
by three (3) feet.
Minimum oorner side yard 15 lt. 10 ft. 10 ft. 10 ft. 10 ft.
setback
Setbacks for lots abutting
Murders Hot Springs
between Pourroy Rd. and
the MWD easement may be
reduced by three (3) feet.
*Minimum interior side yard 10 ft. 5 It. S ft. 5 ft. S fi.
setback
Rodpaugh Ranch Specific Fflan 5-7
C:~DOCU MENTS AND S ETTIN G S'~NAAS E HS~OCAL SETTI N GI~TEM P~SPS ECTSC CDQCU M ENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Table 5-2
Development Standarda. Residential Districts
Residential Development L LM LM M (Slandard) M
Standards 20,000 5,000 6,000 4,000 (Clustered)
(Minimum Lot 81ze In Feet)
Minimum rear yard estback 20ft. 20fl. 20ft. 15ft. 15ft.
- Setbacks for lots abutIJng 25 ft.
Planning Area 7A along the
southern property line shell
have a 25' minimum rear
yard setback.
- Lots abutting
Multi-uce trail in 50 ft.
PA 19, 20 and 21.
- Setbacks for lots abutting
Murrieta Hot Springs
between Pounoy Rd. and
the IVlWD easement may be
reduced by staff by three (3)
feet.
Planning Area 10, 19, 20, 1, 2, 3, 17 and 18 23 end 24 12, 14, 15, 22
21, 33A 4A, 4B and 31
and 33B and 16
Maximum height 2 2 stories, 2 2 2 ~ 2 ½ 2
35 feet stories, 35 eto~ies, 35 slories, 35 stories, 35
feet feet feet feet
Ma)dmum percentage of lot 50% 60% 60% 60%
coverage
Minimum Garage Size 20' x 20' 20' x 20' 20' x 20' 20' x 20' 20' x 20'
(interior space)
· Rrepracea may project not more than two (2) feet inlo the side yard setback provided the width of the fireplace does not
exceed eight (8) feet In wldlh.
Rortpaugh Ranch S~ectfic Plan 5-8
C:~DOCU MENTS AND SETTING S~IAASEHS~LOCAL $= ~ ~ ;NG S~TEMP~SPSECTSCCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.4
5.4.1
NEIGHBORHOOD COMMERCIAL (PLANNING AREA 11)
DESCRIPTION OF NEIGHBORHOOD COMMERCIAL
Neighborhood Comrnereial (Planning Area No. 11), will include a vadety of ditferent types of land uses. Uses
within this planning area include smaller-scaJe business activities which generally provide retail and/or
convenlance services for residents within Rodpaugh Ranch. The tollowing are site planning guidallnes relating
to Planning Area No. 11.
5.4.2 USE REGULATIONS
The list of land uses in the following table shall be parroted in the neighborhood commercial zoning 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. Where indicatad with a letter "C', the use shall be conditionally permitted subject to
approval of a conditional use permit.
Table 5,3
Schedule of Permitted Uses - Neighborhood Commercial Center (PA-11)
Description of Use I NC
A
Adult business subject to Chapter 5.08 of the Temecula Municipal Code
Aercblcs/dance/gymnaallcs/jazzercise/madlal aris studios (less than 5,000 8q, It. P
Aerobics/dance/gymnaalic..~azzercise/martial ads studios (greater than 5,000 sq, lt, P
Alcoholism or drug treatment facilities
Alcohol and drug treatment (oulpatiant)
Alcoholic beverage sales C
Ambulance sewices
Animal hospital/shelter
Antique restoration
Antique sales (Less than 5,000 sq. ft.) P
Apparel and acoessoty shops P
Appliance sales and repairs (household and small appliances) P
Arcades (pinball and video games)
Art supply stores P
Auction houses
Auditoriums and conference facilities C
Automobile dealers (new and used)
Automobile sales (brokerage)- showroom only (new and used)-no outdoor display
Automobile repair sewicas
Automobile rental
Rodpaul~h Ranch Speci~ Plan 5-9
C:~OCUMENTS AND S ETTI NG S~iAAS EHS%OCAL SETTING S~,TEM F~SPS ECTSCCDOCU M ENT.D OC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Automobile painting and body shop
Automobile service stations with alcoholic sales
Automotive service stations (not selling beer and/or wine) with or without an automated P
car wash
Automobile pads-salsa C
Automobile oil change/lube services with no major repair C
B
Bakery goods distribution
Bakery retail P
Bakery Wholesale
Banks and financial institutions P
Barber and beauty shops P
Bad and breakfast
Bicycle (sales, rentals, services) P
Billiard parlor/poolhall
Binding of books and similar publications
BJood bank P
Blueprint and duplicating and copy services P
Bookstores P
Building mstadais sales (with the extedor storage/salsa areas greater than 50 percent
of total saJes area)
Building materials sales (with the extedor storage/sales areas greater than 50 percent
of total sales area)
Butcher shop P
C
Cabinet shop
Cabinet shops under 20,000 sq, ft.- no outdoor storage
Camera shop (sales/minor repairs) P
Candy/confectionery sales P
Car wash, full san, ics/salf service
Carpet and rug cleaning
Catering services P
ClolhJng sales P
Coins, pumhase and sales P
Rodpaugh Ranch Specific Plan 5-10
C:~)OCUMENTS AND SETTI NGS~N AASEHSU. OCAL St= //iNGS~TE MI:~SPS ECTSCC DOCU MENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Communications and microwave Jnstellations"
Communications equipment saiss~ C
Community care facilities C
Computer sales and services P
Congregate care housing for the elderty :~ C
Construction equipment sales, san/ices or rental
Contractor's equipment, sales, sen/ice or rental
Convenience market
Costume rentals P
Crematoriums
Cutlery P
D
Data processing equipment and systems
Day care centers P
Delicatessen P
Discount/department store P
Distribution fscility
Drug store/pharmacy P
Dry cleaners P
Dry oleanlng plant
E
Emergency shelter
Equipment sales and rentals (no outdoor st?rage) P
Equipment sales end renta~ (outdoor storage)
F
Feed and grain sales
Financial, insurance, real estate offices P
Fire and police stations P
Floor cove~ing sales P
Florist shop P
Food processing
Fortunetelling, spiritualism, or similar activity P
Freight terminals
Ro~paugh Ranch Specific P~n 5-11
C:',DOCUMENTG AND SETTINGS'~IAAS EH b*~.OC AL SETTINGS~TEMF~S PSECTSCCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Fuel storage and distribution
Funeral parlom, mortua~
Furniture sales (Less Ihan 10,000 sq. It.) P
Fumituro transfer and storage
G
Garden supplies and equipment sales and sauce
Gas distribution, meter and control station
General memhandiss/mtail stores less than 10,000 sq. fl. P
Glass and mirrom, retail sales P
Government offices P
Grocery store, retail P
Grocery store, wholosale
Guns and firearm sales
H
Hardware stores P
Health and exemise club P
Health I'ood store P
Health care facility P
Heliport
Hobby supply shop P
Home and business maintenance service
Hospitals
Hotels/motals
Ice cream pador P
Impound yard
Interior decorating san/ice P
Junk or salvage yard
K
Kennel
Roripaugh Ranch Specific Plan 5-12
C:~DOCUMENTS AND St= I IINGS~NAASEHS~LOCAL SETTINGS~TEMP~PSECTSCCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
L
Laboratories, film, medlcaJ, reseamh or testing centers
Laundromat P
Laundry service (commemial)
Libraries, museums, and galleries (private) C
Uquid petroleum, sales and distribution
Liquor stores C
Uthographic ssmice
Locksmith P
M
Machine shop
Machinery storage yard
Mail order business P
Manufacturing o! 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 nor
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 sen, ices and temninals, storage and wholesaling from the
premises of unrefined, raw or semi-refined products requiting further procnss[ng and
msnufacturing, and outside storage.
Uses under 20,000 sq. ft. with no outside storage
Massage 3 p
Medical equipment ssJes/rental P
Membership clubs, organizations, lodges . C
Mini-storage or mini-warehouse faclllites
Mobilehome sales and services
Motion picture studio
Motorcycle sales end service
Movie theaters C
Musical and recording studio
N
Nightclubs/taverns/bars/dance club/teen club
Rodpaugh Ranch Specific Plan 5-13
C:'~DOCUMENTS AND $ ETI'ING b~NAASEHS~OCAL SETTINGS~TEMF~SPSECT5CCDOCUMENT.DOC November. 2002
Nurseries (retail)
Nursing homes/convalescent homes
SPECIFIC PLAN ZONING ORDINANCE
lc
0
Office equipment supplies, sales/services P
Offices, administrative or corporate headquartem with greater than 50,000 sq.
Offices, professional services with less than 50,000 sq. It., but not limited to, business
law, medical, dental, veterlnarien, chirogmctlc, architectural, engineering, real estate,
P
Pslnt end wallpaper stores
Parcel dalive~y services
Parking lots and parking structures C
Pawnshop
Personal service shops p
Pest control services
Pet grooming/pet shop P
Photographic studio P
Plumbing supply yard (enctosed or unenclosed)
Postal distribution
Postal services P
Printing and publishing (newspapem, periodicals, books, alo.,)
Private utility facilities (Regulated by the Public Utilities Commission)
Reserved
R
Radio and broadcasting studios, offices
RadioAelevision transmitter
Recreational vehicle parks
Recreational vehicle sales
Recreational vehicte, tmiter, and boat storage within an enctosed building
Recycling coitection facilities P
Rori~augh Ranch Specific Plan 5-14
C:tDOCUMENTS AND SET'FIN GS'~'~IAAS EH S~.OCAL SETTING S~TEM P~S PS ECT5CCDOCUME NT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Recycling prooesclng facilities
Religious institution, without a daycere or private school C
Religious institution, with a private school C
Religious institution, with a daycsre C
C
Restaurant, drtve-lr~ast food
Restaurants and other eating establishments P
Restaurants with lounge or live enterteinmant C
Rooming and boarding houses
$
Scale, public
Schools, business and professional C
Schools, private (kindergarten through Grade 12) C
Scientific research and development offices and leboratoriss
Solid waste disposal facility
Sports and recreational facilities C
Swap meet, entirely inside a permanent building
Swap meet, outdoor
Swimming pool supplies/equipment sales P
T
Tailor shop
Taxi or limousine service
Tire sales
Tobacco shop P
Tool and die casting
Trensler, moving and storage
Transportation terrelnals and stations C
Truck sales/rentals/service
TV/VCR repair P
U
Upholstery shop I
ROrlrn~U?,h Ranch Specifl~ Plan 5-15
C.'~DOCU MENTS AND SETTIN GS'~IAAS EH S~.OCAL SET'rlNGS\TEM P~SPSECTSGCOOCUM ENT. DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
V
Vending machine sales and services
W
W arehouslng/dlstdbution
Watch repair P
Wedding chapels
Welding shop
Welding supply and service (enclosed)
Y
Reserved
Z
Reserved
1. Subject to the provisions contained in Section 17.40 of the City of Temecula Development Code
2. Subjecl to the pmvicdons oo~tained in Sec~on 17.ce.050.H of the City of Temecula Development Code
3. Subjecl to the provisions contained [n Sec6on 5,22 o! the City of Temecula Municipal Cede
Rodrn~L!n.h Ranch Specific Plan 5-16
C:~DOCUMENTS AND SETFINGSV, dAASEHS~OCAL SET'rlNGS\TEMP~SPSECTSCCDOCUMENT,DOC November, 2002
5.4.3
SPECIFIC PLAN ZONING ORDINANCE
DEVELOPMENT STANDARDS
The following standards of development shall apply in the Neighborhood Commercial:
Table ~
Development Standerda- Neighborhood Commercial
(Commercial Uses - PA 11)
Minimum gross area for site 2 acres for common lot centers,
30,000 square feet I'or single lots
Target floor area ratio .3
Maximum floor area ralJo with intensity bonus as per Section .50
17.08.050
Front yard adjacent to street:
- Butteffiald Stage Road/Murrtsta Hot Springs Read 20 feet; structure & parking
- "A" and "B" Slrest 20 feet, structure & perking
Yard adjacent to residentially zoned properly 25 feet, structure & parking
Accessory structure side/rear yard setback 10 feet
Minimum building separation:
- One story: 10 feet
- Two stories: 15 feet
- Three stodes or more: 20 feet
Maximum building height 50 feet
Maximum percent of lot coverage 30%
Minimum required landscaped open space 20%
Fence, wall or hedge screening outdoor storage maximum height 6 feet
Minimum building setback separation:
- Two stories: 15 feet
- Three stories or more: 20 feet
Rorip~ugh Ranch Specific Plan 5-17
C:~DOCU MENT$ AND St:i ~ iNGS~NAASEH~LOCAL SETTI N GS~TEM P'~S PS ECTSCCD OCU M ENT.D OC November', 2002
SPECIFIC PLAN ZONING ORDINANCE
5.5
5.5.1
PARKS AND OPEN SPACE (Planning Arsea Nos, lB, 5, 6, 7A, 7B, 7C, 8, 9A, 9B, 13, 27, 25, 26 and 30)
DESCRIPTION OF PARKS AND OPEN SPACE
Parks (P) and Open Space (OS) zoning district is intended to promote a wide range of public and pdvate
recreational uses in the community. These uses include community facilities, golf courses, health clubs, public
perks and recreation areas, spods parka, or other outdoor athletic facilities and similar outdoor commercial
recreational uses.
5.5.2 USE REGULATIONS
The list of land uses In the fallowing labia shall be permitted in one or more of the park and open space zoning
district as indicated in the columns corresponding to each zoning district. Where indicated with a letter "P", the
use shall be a permitted use. Where Indicated with a ?, the uae is prohibited within the zone. Where indicated
with a letter %"', the use shall be conditionally permitted subject to approval of a conditional use permil.
Table 5.5
Schedule of Permitted Uses - Parka and Recreational Uses
p P OS~ 0,% 0,%
Schedule o~ Uses (Private) (Public)
lB, 5
Planning Area and 30 6 and 27 8, 9A, 7B, 7C, Po~cns
9B, and 25 and of 6 and
13, 26 7A
Agricultural Uses
Athletic Field P P
Bicycle paths P P P P
Campground
Caretakers quarters
Cemeteries, mausoleums and related uses
Game courls, badminton, tennis, racquetball P P
Golf ddvlng range not part of a golf course
Golf course and clubhouse
P P
Government and public utility facilities C C P P
Gymnasium p p
Microwave antenna/towert
Nature canters/exhibits
Nurseries
P P
Group Picnic Facilities
Pdvate parks and recrealion facilities p p p p
Parking areas P P
Rottpau~q Ranch Specific= Plan 5-t8
C.'~DOCUMENTS AND SETTIN GSU~IAASEH $~LOCAL S ETTINGS\TEMP~SPSECTSCCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Public perks end recreational facilities P P P P
Recrealional vehicle park
Riding stable, pub[Jo or private
Shooting galleries, ranges, archery courses
Single-family dwellings
Tree Farms
1. See Zoning Appendix of Development Code 17.40 for antenna information.
Rortpaugh Ranch $1~ctfic Plan 5-19
C:'OOCUMENTS AND SETTING S~IAAS E HS%OCAL SETFINGS\TEMP~SPSECTSCCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.6.3 DEVELOPMENT STANDARDS
in the Parks and Open Space districts development standards are as follows:
Table 5-6
Development Standards - Parka sad Open Space Standards
Development Standards I P t OS
Planning Area lB, 5, 6, 27 and 7A, 7B, 70, 8,
31 9A, 9B, 13, 25
and 26
Minimum lot size 10,000 sq. ft.
Maximum lot coverage 25%
Maximum height 35 fcet~
Floor area ratio .1
Setback from parking structure 25 feet
Setback from parking structure 25 feet
Minimum open space/landscaping 75% 100%
1. Exc{ude$ light poles and communlcatio~ factl~es.
Ro~ipau~h Ranch Specific Plan · ~-20
C:~DOCUMENT$ AND S b/lin GS~JflAAS E H~I. OCAL SETTING S~TE M P~SPS ECTSCC DOCU ME NT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.6 PUBLIC/INSTITUTIONAL DISTRICTS (PLANNING AREAS 28 AND 29)
5.6.1 DESCRIPTION OF SCHOOL DISTRICT AND PUBLIC INSTITUTIONAL DISTRICT
The purpose of this district is to facilitate the construction of an Elementary School site and Middle
School site. Planning Area 28 will be developed as a Middle School site and Planning Area 30 will be
developed as an Elementary School site.
5.6.2 USE REGULATIONS
Planning Areas 28 and 29 shall only be designated to be used as a Middle School site and an Elementary
School site, respectively.
ROrl~nn~,~h Flat,ch Specific P~arl 5-21
C:!DOCUMENTS AND SETTI NGS~N AASEH S~OCAL S= ~ ~ ~NGS~TEMP~SPSECTSC_,CDOCUMENT.DOC November. 2002
SPECIFIC PLAN ZONING ORDINANCE
5.7 PUBLIC INSTITUTIONAL. (PLANNING AREA 32)
5.7.1 DESCRIPTION OF PUBUC INSTITUTIONAL (FIRE STATION)
The purpose of this district is to facilitate construction of public and quasi-public uses in approp~ata areas of the
city. Planning Area 31 will be developed as a fire station on a 1.5 acre site.
5.7.2 USE REGULATIONS
Planning Area 31 shall only be designated as a Fire Station.
Rori~)augh Ranch Specific Plan 5-22
CN)OCU MENT$ AND S= ~ ~ ~NG b-'~,~AS EHS~I. OCA L S ETTIN G S~TE MFAS PS ECTSCCDOCU M ENT.D OC November, 2OO-z
SPECIFIC PLAN ZONING ORDINANCE
5.8 PARKING REQUIREMENTS
Refer to Chapter 17.24 of the City Development Code for parking requirements.
Roripau~h Ranch Specific Plan 5-23
C.~DOCUMENT8 AND SETTIN GS~IAASEH 8~.OCAL SETTING $\TEMP~S PSECT5 CC D OCU M ENT.DOC November, 2002
EXHIBIT B
FOR ATTACHMENT 3
PROPOSED ZONING MAP
~s¥ us~, LLC
FIGURE 1-2
LA~E S~3NNER
~ CiTY LIMITS
VL Vmy Low Residential (0.4-2.0 du/ac)
tM Low Medium Residenlial (L2-14du/ac)
SP Spedfic F~an (RoAoaugh Ranch Panhan~e)
OS Open Space
~ PROJECT SITIE
COUNTY SOUTHWEST AREA PLAN DESIGNATION
Rural Resldenltal (<02. du/ac)
A AQrlcultum
SP Spe~fic Plan (Rancho Bel~ Vista)
Vt. Very Low Dendty (0.4-2.0 alu/ac)
L Low Der~ty (2.0-5.0 alu/ac)
M Medium De~ (5.0-8.0 du/ac)
BP Business Park
CC Community Center
OS-R Open Space- Recreation
RC Relza'l Commercial
PF Public Facilities
r o_.~. ,, · ~,,~ Roripau Rand]
EXHIBIT C
FOR ATTACHMENT 3
PREZONING THE VALLEY NEIGHBORHOOD
AS
SPECIFIC PLAN
,~mmY us~ u.c
FIGURE 1-2
J ' i I
~m CITY LIMITS
V L verf Low Re;;lde~]al (0.4-2.0 du/ac)
IJ~ Lmv Medium Resld~lat (I.2-t,ldu/ac)
PI: Public Facflilies
SP Specific Plan (Rodpaugh Rmtch Panhandle)
OS Open 8pace
COUNTY SOUTH~ST AREA I:~ DESIGNATION
r o..~ ,o .,,,~ Roripaugt~_fc,~ a_ach
EXHIBIT C (For Attachment No. 2)
CITY COUNCIL
ORDINANCE FOR THE
DEVELOPMENT AGREEMENT
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ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF TEMECULA AND ASHBY USA, LLC, (PLANNING
APPLICATION NO. 99-0299)"
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS:
Section 1.
declare that:
The City Council of the City of Temecula does hereby find, determine and
A. Ashby USA, LLC ("Owner") filed Planning Application No PA99-0298 (General
Plan Amendment), PA 94-0073 (Annexation), PA94-0075 (Specific Plan, Development Code
Amendment and Specific Plan Zoning Standards), PA 94-0076 (Environmental Impact Report),
PA 94-0075 (Change of Zone), PA99-0299 (Development Agreement) PA01-0253 (Tentative
Tract Map 29661 ), PA01-0230 (Tentative Tract Map 29353), (the "Application") in accordance
with the City of Temecula General Plan and Development Code for land use approvals for a
804.7 acre planned community located Northeast of the City near the future intersection of
Butterfield Stage Road and Nicolas Road, ("Project").
development
development
development
development
housing and
Government Code Section 65864 authorizes the City to enter into binding
agreements with persons having legal or equitable interests in real property for the
of such property in order to, among other matters: ensure high quality
in accordance with comprehensive plans; provide certainty in the approval of
projects so as to avoid the waste of resources and the escalation in the cost of
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. On October 16, 2002 October 30, 2002 the Planning Commission of the City of
Temecula held a duly noticed public hearing on the Draft Environmental Impact Report, the
proposed Development Agreement(s) and the other land use applications for the Project at
which time all persons interested in the Draft EIR, proposed Development Agreement and the
Project had the opportunity and did address the Planning Commission on these matters.
D. Following consideration of the entire record of information received at the public
hearings and due consideration of the proposed Development Agreement and the Project, the
Planning Commission adopted Resolution No. 2002- __ recommending to the City Council that
the Development Agreement be approved, subject to certain recommended conditions.
E. On ,2002 the City Council of the City of Temecula held duly noticed
public hearings on the Draft Environmental Impact Report, proposed Development
Agreement(s) and the other land use applications for the Project at which time all persons
interested in the proposed Development Agreement and the Project had the opportunity and did
address the City Council on these matters.
R:~S PXRofipaugh Ranch SP~new~PC Staff Report 10-16-02~Resos and ord (E/P) - 10-30-02 approved by PC,doc
78
F. Following consideration of the entire record of information received at the public
hearings before the Planning Commission and the City Council, and due consideration of the
proposed Final EIR, Annexation, General Plan Amendment, Change of Zone, Code
Amendment, Specific Plan Zoning Ordinance, Tentative Tract Maps (Level A and B), and
Development Agreement, the City Council adopted Resolution No. 2002- , entitled "A
Resolution of the City Council of the City of Temecula Certifying the Environmental Impact
Report Prepared for the Rodpaugh Ranch Specific Plan No. 11 (Planning Application No. 94-
0076) and Related Actions, and Adoption of the Environmental Findings Pursuant to the
California Environmental Quality Act and a Mitigation Monitoring and Reporting Program in
Connection Therewith."
Section 2.
declares that:
The City Council of the City of Temecula further finds, determines and
A. In consideration of the substantial public improvements and benefits to be
provided by Owner and the Project, in further consideration of the implementation of the
Roripaugh Ranch Specific Plan and in order to strengthen the public financing and planning
process and reduce the economic costs of development, by the Development Agreement, the
City intends to give Owner assurance that Owner can proceed with the development of the
Project for the Term of the Development Agreement pursuant to the terms and conditions of the
Development Agreement and in accordance with the City's General Plan, ordinances, policies,
rules and regulations existing as set forth in the Development Agreement. In reliance on the
City's covenants in the Development 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.
B. The Development Agreement and the Existing Project Approvals, as defined in
the Development Agreement, implement the goals and policies of the City's General Plan, and
the Roripaugh Ranch Specific 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 the City.
C. 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 and is not detrimental to the health,
safety and general welfare of the City.
D. The Development Agreement is consistent with the City's General Plan, and
each Element thereof, and the City's Growth Management Action Plan, and constitutes a
present valid exercise of the City's police power.
E. The Development Agreement is being entered into pursuant to and in compliance
with the requirements of Government Code Section 65867.
F. All legal prerequisites to the adoption of this Ordinance have occurred.
Section 3. The City Council of the City of Temecula hereby approves certain
agreement entitled "Development Agreement by and Between the City of Temecula and Ashby
USA, LLC." and authorizes the Mayor to execute said agreement attached hereto as
Attachment C-1.
R:~S PXRofipaugh Ranch SP~newXPC Staff Report 10-16-02~Resos and ord (EJP) - 10-30-02 approved by PC.doc
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Section 4. if any sentence, clause or phrase of this ordinance is for any reason held
to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the
remaining provisions of this ordinance. The City Council hereby declares that it would have
passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that
any one or more sentences, clauses or phrases be declared unconstitutional or otherwise
invalid.
Section 5. The City Clerk of the City of Temecula shall certify to the passage and
adoption of this Ordinance and shall cause the same or a summary thereof to be published and
posted in the manner required by law.
Section 6. PASSED, APPROVED AND ADOPTED this __ day of ,2002.
ATTEST:
Ron Roberts, Mayor
Susan Jones, CMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF TEMECULA )
I, Susan Jones, CMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 02- was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the day of ,2002, and that
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City
Council on the __ day of ,2002 by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: OOUNOILMEMBERS:
SUSAN JONES, CMC
CITY CLERK
APPROVED AS TO FORM:
Peter M. Thorson
City Attorney
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ATTACHMENT C-1
DEVELOPMENT AGREEMENT
R:~S PXRodpaugh Ranch SPXnewWC Staff Report 10-16-02W. esos and ord (EJP) - 10-30-02 approved by PC.doc
81
DEVELOPMENT AGREEMENT
By and Between
THE CITY OF TEMECULA,
City,
and
ASHBY USA, LLC
Owner.
R:~D ALRorioaueh DA~,DA 11-19-02 from Curley. DOCP.:~-D
DEVELOPMENT AGREEMENT AND PREANNEXATION AGREEMENT
THIS DEVELOPMENT AGREEMENT AND PREANNEXATION
AGREEMENT (the "Agreement") is entered into as of the day of ,
2002 ("Agreement Date"), by and between Ashby USA, LLC, a Limited Liability
Corporation ("OWNER"), and the CITY OF TEMECULA, a municipal corporation,
organized and existing under the taws of the State of California (hereinafter
"CITY"), pursuant to the authority of Sections 65864 through 65869.5 of the
California Government Code and Article XI, Section 2 of the California
Constitution.
NOW, THEREFORE, pursuant to the authority contained in the
Development Agreement Legislation, 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, the parties agree as follows:
INTENT OF THE PARTIES
This Agreement is predicated upon the following facts:
A. The following paragraphs 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 the 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 resoumes 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; assist in the financing of public improvements;
protect against initiatives, moratorium (processing or development) and other
actions inconsistent with the Project anticipated by this Agreement; assure
reimbursement of OWNER in accordance with the terms of this Agreement and
state and federal law; and provide for economic assistance to OWNER for the
entitlements authorizing development related improvements.
C. OWNER is the owner of certain real property (the "Propert¢'), as
more particularly described in Attachment "1", including a plat graphically
depicting the real property contained in Attachment "2". A portion of the property
713471.1 11/19/'2002 1
is within the current boundaries of CITY and a portion is proposed to be annexed
into CITY from Riverside County. OWNER desires to develop the Property in
accordance with the provisions of this Agreement, the Existing Regulations and
those regulations of other agencies exemising jurisdiction over the Project which
are not inconsistent with the terms of this Agreement and the Existing
Regulations. Owner will refrain from developing any portion of the
Property in a manner inconsistent with this Agreement and the Existing
Regulations regardless of which public agency has land use jurisdiction over the
Property. The agreed upon Scope of Development of the Property is set forth in
this Agreement expressly or by incorporation.
D. OWNER has sought, and the CITY has agreed to, this Agreement
in order to assist in the creation of a beneficial project and a physical
environment that will conform to and complement the goals of the CITY, create a
development project responsive Io community needs, facilitate efficient traffic
circulation, and develop the Property in a manner beneficial to all parties. As part
of the process of granting this entitlement, the City Council of the CITY has
required the preparation of and has certified the Project EIR in order to identify
any significant environmental effects arising from the Development and has
otherwise carried out all requirements of the California Environmental Qualily Act
("CEQA") of 1970, as amended.
E. The following actions were taken with respect to this Agreement
and the Project:
1. On ,2002, following a duly noticed and
conducted public hearing, the City Planning Commission recommended that the
City Council approve the Final Environmental Impact Report for the Project, this
Agreement, the proposal, annexation, the General Plan amendments, the
Specific Plan, and Tentative Map No. 29353 (hereafter "A Map") and 29661
(hereafter "B Map"), by adoption of its Resolution No. __ and making the
findings of fact thereto;
2. On , after a duly noticed public hearing and
pursuant to CEQA, the City Council certified the Project EIR and adopted the
Mitigation Monitoring and Reporting Program by adoption of its Resolution
No. __ and making the findings of fact lhereto;
3. On , afler a duly noticed public hearing, the
City Council approved proceeding with the annexation, the General Plan
Amendments, the Specific Plan and the A Map and B Map by adoption of its
Resolution No. , Ordinance No. __ and making the findings of fact thereto;
4, On
the City Council introduced Ordinance No. __
execution of this Agreement and on
, after a duly noticed public hearing,
approving and authorizing the
, the City Council aclopted
713471.1 11/19/2002 2
the Ordinance, a copy of which is on file with the City Clerk of the CITY, and the
findings and conditions pertaining thereto.
F. The CITY has engaged in extensive studies and review of the
potential impacts of the Project under the California Environmental Quality Act
and all applicable Existing Regulations, 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 already provided and those to be provided by OWNER and the Project,
as described in this Agreement, in further consideration of the benefits that will
inure to the CITY in conjunction wilh the implementation of the Project and in
order to slrengthen the Project's public financing and planning process and
reduce the economic costs of development, by this Agreement, the CITY intends
to give and by this Agreement gives, 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
the Development Plan Approval(s) and the Existing Regulations. This
entitlement shall be effective for that portion of the Property within the jurisdiction
of CITY upon the Effective Date and shall be effective for thal portion of the
Property which is to be annexed to CITY from the County of Riverside upon the
Annexation Date. In reliance on the CITY's covenants in this Agreement
concerning the Development of the Property, OWNER has and will in the future
incur substantial indebtedness, as well as costs in planning, engineering, site
preparation and the construction and installation of major infrastructure and
facilities that OWNER would not incur but for the covenants of CITY provided in
this Agreement. Each party agrees to act in good faith and shall reasonably
cooperate with the other to cause the annexation of the County of Riverside's
portion of the Property to be completed at the earliest possible opportunity.
H. Pursuant to Section 65867.5 of the Development Agreement
Legislation, the City Council has found and determined that: (i) this Agreement
and the Development Plan Approval(s) implement the goals and policies of the
CITY's General Plan and the Specific 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 the CITY, (ii) this Agreement and the Project are in the best
interests of and not detrimental to the public health, safety and general welfare of
the CITY and its residents; (iii) adopting this Agreement is consistent with the
CITY's General Plan and constitutes a present exemise 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. As to the portion of the Property presently within the jurisdiction of
County of Riverside, this Agreement shall serve as the prezoning of such real
713471.1 11/19/2002 3
property, as the term is utilized in California Government Code Section 65859.
This Agreement shall become effective as to the County of Riverside portion of
the Project concurrently with the annexation becoming effective, without further
action by either party.
J. The CITY and OWNER agree that it may be beneficial to enter into
operating memoranda, 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 operating
memoranda, additional agreements or modifications to this Agreement.
1. Definitions.
Unless the context otherwise requires, the terms defined in this Section 1
shall, for all purposes of this Agreement, or any supplemental agreement, and
any certificate, opinion or other document herein mentioned, have the meanings
herein specified. All references herein to "Articles," "Sections" and other
subdivisions are to the corresponding Articles, Sections or subdivisions of this
Agreement, and the word 'herein," "hereof," "hereunder" and other words of
similar import refer to this Agreement as a whole and not to any particular Article,
Section or subdivision hereof.
"Accept" means Acceptance pursuant to the regular and ordinary
procedures of the CITY.
'Acceptance" shall mean the CITY's final approval of the entirety of an
On-Site or Off-Site Improvement as issued in the ordinary course of business by
the CITY for the certain type of On-Site or Off-Site Improvement under review.
"Annexation" means the process by which real property is lawfully
brought under the jurisdiction of the City of Temecula pursuant to the procedures
of the County of Riverside Local Agency Formation Commission and all
applicable law.
"Annexation Date" means the date upon which the Annexation is final
and effective as established by the County of Riverside Local Agency Formation
Commission.
"Authorizing Ordinance" means Ordinance No. __
approving this Agreement.
of the CITY
"CITY" means the City of Temecula, a California municipal corporation,
duly organized and existing under the Constitution and laws of the State of
713471.1 l 1/19/2002 4
California, and all of its officials, employees, agencies and departments and
assignees or successors.
"City Council" means the duly elected and constituted City Council of the
CITY.
"Commencement Date" shall mean the date of the issuance of lhe first
building permit within the project or the one year anniversary of the Effective
Date whichever occurs first.
"Develop" or "Development" or "Developing" means the improvement
of the Property for purposes consistent with the Development Plan, including,
without limitation: subdividing, grading, the construction of infrastructure and
public facilities related to the Off-Site Improvements, the construction of
structures and buildings and the installation of landscaping, all in accordance
with the phasing provided for herein.
"Development Agreement Legislation" means Sections 65864 through
65869.5 of the California Government Code as it exists on the Agreement Date.
"Development Impact Fees" or "DIF" means, individually and in the
aggregate, the CITY's current development impact fees as set forth in Ordinance
Ne. 97-09, as amended, as set forth in the Temecula Municipal Code in Section
15.06 which are in effect on the Effective Date.
"Development Plan" means the plan for Developing the Properly
contained in this Agreement, the City of Temecula General Plan as amended on
,2002 and as thereafter amended in accordance with
Section 3.6 hereof, the Specific Plan entitled the Roripaugh Ranch Specific Plan,
the A Map and the B Map and the Project Final EIR (including Mitigation
Monitoring Program). Any Future Development Approvals, approved in
conformance with Section 3,7 hereof shall become an elemenl of the
Development upon the final approval of the same.
"Development Plan Approval(s)" means the approvals of the Cily
Council and other governmental agencies and other actions and agreements
described in Attachment 3 hereto, including those amendments to this
Agreement made in accordance with Section 3.5, those amended to the
Development Plan Approvals made in accordance with Section 3,6 and those
Futura Development Approvals made in accordance with Section 3.7.
"Development Transferee" means a person or entity that expressly
assumes obligations under this Agreement pursuant to Section 2.5 hereof.
"Effective Date" means the date the Authorizing Ordinance becomes
effective. This date shall be the thirty-first (31st) day after the second rending of
the Authorizing Ordinance.
713471.1 11/19/2002 5
"Existing Regulations" means those ordinances, rules, regulations and
official policies of the CITY other than the Development Plan Approval(s) in effect
on the Effective Date, which govern the permitted uses of the Property, building
heights, the size of structures, the density and intensity of use of the Property,
the timing, fees, and conditions to Development, exactions, assessments, the
procedures for, and types of, permits required for the Development, the
provisions for reservation or dedication of land for public purposes and the
design, improvement and construction standards and specifications applicable to
the Property and the infrastructure required for the Development. By way ol
enumeration, and not limitation, the Existing Regulations include those portions
of the items identified on Attachment 4. The CITY has certified two copies of
each of the documents listed on Attachment 4. The CITY has retained one set of
the certified documents and has provided OWNER with the second set. The
Existing Regulations also are approved and imposed as the zoning and
development criteria that apply lo the portion of lhe Property currently within the
County of Riverside, pursuant to the City's authority to prezone property pursuant
to Califomia Government Code Section 65859,
"Future Development Approvals" means lhose entitlements and
approvals that are made in accordance with Section 3.7. By way of enumeration,
and not limitation, the Future Development Approvals include actions such as
development plan review, tentative maps, final maps, use permits, variances,
grading permits, occupancy permits and building permits.
"Merchant Builder" means a buyer, assignee, or transferee of one or
more individual lots or tracts of the Project, acquiring such lots or tracts for the
purpose of engaging in the business of developing, constructing improvements,
improving, or using such lots or tracts for development.
"Off-Site Improvements" includes the improvements set forth on either
or both Attachment 5 and in the Development Plan Approval(s).
"On-Site Improvements" means physical infrastructure improvements or
facilities that are or will be located on the Property as described either or both in
the Development Plan Approval(s) and Attachment 5.
"OWNER" is Ashby USA, LLC and others who subsequently are assigned
the rights and obligations of OWNER pursuant to Section 2.5 hereof.
"Planning Commission" means the duly appointed and constituted
planning commission of the CITY.
"Project" means the development of the Property as set forth in the
Development Plan Approval(s).
"Project EIR" means that environmental impact report prepared for the
Project, as certified on ,2002.
713471.1 11/19/'2002 6
"Property" means that certain real property described in Attachment 1
hereof.
"Public Art Program" means the plans, guidelines, and design criteria
that will guide the CITY's review of public display art associated with the project.
"Public Infrastructure Improvements" mean the improvements
intended to be utilized by the public and described on Attachments 5.
"Specific Plan" means the Roripaugh Ranch Specific Plan, approved by
the CITY on ,2002 and as thereafter amended from time to time in
accordance with Section 3.6 of this Agreement. Any reference in this Agreement
to a Planning Area shall mean the specified Planning Area as the same is set
forth in the Specific Plan as adopted or as amended.
"Specific Plan Area" means the Property, regardless of its location within
or without the CITY on the Effective Date.
"Term" means the time frames set forth in Section 2.3.
2. General Provisions.
2.1 Blndln,q Covenants. Except as otherwise provided for in this
Agreement, the provisions of this Agreement to the extent permitted by law,
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, all successors in interest to the parties hereto to the extent provided
for in this Agreement.
2.2 Interest of OWNER. OWNER represents that OWNER holds fee
simple title interest in the Property.
2.3 Term. This Agreement shall become effective on the Effective
Date and shall continue for a ten (10) year term from the Commencement Date
unless terminated pursuant to this Agreement. Unless terminated pursuant to
Seclion 2.4, this Agreement shall terminate at 11:59 p.m. on the tenth (10th)
anniversary after the Commencement Date. The final day of this Agreement's
regulation of the Property shall change subject to and upon the facts and terms
relating to a specific extension(s), force majeure, revision(s), and termination
provisions of this Agreement. Nolwithstanding the foregoing, in the event that a
court of competent jurisdiction takes any action that stay or delays the Effective
Date, and subsequently enters after all appeals or time to appeal have been
exhausted, of a final judgment or issuance of a final order directed to the CITY to
set aside, withdraw, or abrogate the approval of the City Council of this
Agreement, then this Agreement shall be deemed to have no force or effect upon
either party.
713471.1 11/19/2002 7
2.4 Termination. This Agreement shall be deemed terminated and of
no further effect, except for any express covenants and agreements that
expressly survive termination, upon the occurrence of any of the following
events:
2.4.1 Termination occurring pursuant to any provision of this
Agreement, including, without limitation, a termination in the event of default;
2.4.2 The completion of the total build-out of the Development
pursuant to the terms of this Agreement and the CiTY's Acceptance of all
dedications and improvements required to complete Development; or
2.4.3 The expiration of the Term as set forth in Section 2.3.
2.4.4 The failure to form a Public Facilities Financing District
(Community Facilities District) prior to the Commencement Date.
2.4.5 OWNER'S failure to complete any Off-Site Improvements or
On-Site Improvements within the time frames and/or in the manner approved for
such construction activities after any and all cure or remedial periods have
lapsed with OWNER.
To provide notice to all, and not as a condition of the effectiveness
of a termination of this Agreement, the padies agree to execute and record
terminations of or releases of this Agreement as may be requested by either
party.
2.5 Transfers and Assignments.
2.5.1 Right to Transfer or Assign to End User. OWNER and
.any Memhant Builder, shall, without the consent of the CITY or any other party,
have the right from time to time and on such number of occasions as it chooses,
to sell, assign or otherwise transfer any or all individual lots on final maps
approved on the Property or any portion lhereof, to any retail purchaser intending
to occupy the unit as his or her principal residence ("End User") at any time
during the Term of this Agreement. Absent an express written assumption of the
obligations or rights hereunder, upon the sale, assignment, or other transfer to an
End User of one or more individual lots, this Agreement shall terminate with
respect to such lots without the execution or recordation of any further
documentation. For purposes of documentation only, the transferor/assignor
shall provide CITY with written notice of the name of the any End User, that
assumed rights or obligations hereunder, together with a description of the
assumed rights and obligations.
713471.1 11119/2002 8
2.5.2 Right to Assign to Merchant Builder. Provided OWNER
has previously delivered the security required of that OWNER by Section 2.5.4
hereof to the CITY, that OWNER shall, without the consent of the CITY or any
other party, have the right from time to time and on such number of occasions as
it chooses to sell, assign or otherwise transfer its interests in a portion of the
Property together with some or all of its rights and obligations under this
Agreement with respect to the portion of the Property which is subject to transfer
(the 'q'ransferred Property"), to any Merchant Builder at any time during the Term
of this Agreement. If the OWNER has not delivered the security required of that
OWNER by Section 2.5.4 hereof to the CITY, any assignment or transfer of the
Transferred Property together with some or all of that OWNER's rights and
obligations under this Agreement with respect to the Transferred Property to a
Merchant Builder requires the prior written consent of the CITY, which consent
shall not be unreasonably withheld or delayed. Any transfer or assignment must
be pursuant to a sale, assignment or other transfer of an interest of such
OWNER in a portion of the Property and shall be subject to the following criteria
and conditions: (i) the transferor/assignor shall notify the CITY at least twenty
(20) days prior to the transfer of the name of the Merchant Builder, together with
the corresponding rights and obligations, if any, being transferred to such
Merchant Builder; and (ii) the agreement between the transferor/assignor and
Merchant Builder pertaining to such transfer shall provide, and OWNER shall
give CITY notice of such provision, which obligations of OWNER under this
Agreement the Merchant Builder shall be liable to perform, and acknowledging
lhose obligations OWNER retains.
2.5.3 Assignment of Rights to Subsequent OWNER. Provided
OWNER has previously delivered the security required of that OWNER by
Section 2.5.4 hereof to the CITY, that OWNER shall, without the consent of the
CITY or any other party, have the right from time to time and on such number of
occasions as it chooses to sell, assign or otherwise transfer its interests in the
Transferred Property together with its rights and obligations under this
Agreement as an OWNER wilh respect to the Transferred Property to another
person or entity ("Subsequent Owner") at any time during the Term of this
Agreement. If the OWNER has not delivered the security required of that
OWNER by Section 2.5.4 hereof to the CITY, any assignment or transfer of the
Transferred Property together with its rights and obligations under this
Agreement as an OWNER with respect to the Transferred Property to a
713471.1 l 1/19/2002 9
Subsequent Owner requires the prior written consent of the CITY, which consent
shall not be unreasonably withheld or delayed, Any transfer or assignment must
be pursuant to a sale, assignment or other transfer of an interest of such
OWNER in a portion of the Property and shall be subject to the following criteda
and conditions: (i) the transferor/assignor shall notify the CITY at least twenty
(20) day prior Io the transfer of the name of the Subsequent Owner, together with
the corresponding rights and obligations, if any, being transferred to such
Subsequent Owner; and (ii) fhe agreement between the OWNER and
Subsequent Owner pertaining to such transfer shall provide, and OWNER shall
give CITY notice of such provision, which obligations of OWNER under this
Agreement the Subsequent Owner shall be liable to perform and acknowledging
those obligations OWNER retains, Upon transfer of title to the Transferred
Property, the Subsequent Owner will be considered an OWNER for all purposes
under this Agreement.
2.5.4 Security for Transfer. Prior to transferring or assigning all
or a portion of that portion Property without obtaining the prior written consent of
the CITY, OWNER shall post a corporate guarantee as security for the
construction of the improvements described in Attachment 5 in an amount equal
to the costs attributed to those improvements listed on Attachment 5. The
amount of the corporate guarantee will be proportionately reduced as the
improvements described in Attachment 5 are completed.
2.5.5 Effect of Assignment or Transfer. Unless expressly set
forth to the contrary in this Agreement CITY shall require OWNER to perform all
promises, duties and obligations set forth in the Development Agreement with the
sole exception of those which CITY has consented to be assigned or transferred
to a Development Transferee with Obligations. CITY shall look only to the
Development Transferee with Obligations to perform the obligations such party is
expressly obligated to perform under this Agreement or the action occurring as
required by this Agreement and shall require OWNER to perform all other
Obligations.
3. Development Provisions.
3.1 Vestin,q.
3.1.1 Project. CITY covenants that OWNER has, during the term
of this Agreement, the right to implement the Development pursuant to the
Development Plan Approvals and the Existing Regulations, including, without
limitation, all specified uses, 2,015 residential dwelling units and 110,000 square
feet of commercial retail development, at the building heights, building sizes, lot
sizes, infrastructure standards and specifications, densities and types of
development provided for in the Specific Plan, and the CITY shall have the right
to control the Development in accordance with the Existing Regulations and the
Development Plan Approval(s) (~Vested Right"). Except as otherwise expressly
specified in this Agreement, the Development Plan Approval(s) shall control the
713471.1 I 1/19/2002 10
design and development, and review and approval of all Future Development
Approvals and all Off-Site Improvements and appurtenances in connection
therewith. Except to the extent it has been amended, canceled, modified or
suspended in accordance with the terms of this Agreement, this Agreement shall
be enforceable by CITY, OWNER or their respective assignees .notwithstanding
any change in any Existing Regulation,
3.1.2 Limits on Development. The California Supreme Court
held in Pardee Construction Company v. City of Camarillo, 37 Cal.3d 465 (1984),
that the failure of the parties to address certain limits on a CITY's ability to restrict
or regulate a development allowed a later adopted initiative to restrict the
development. This Agreement cures that deficiency by expressly addressing the
timing for the Development, the vested rights afforded by this Agreement and the
scope of the CITY's Reserved Authority. Except as expressly set forth in the
Development Plan Approval(s), regardless of any future enactment, by initiative,
or otherwise, OWNER shall have the discretion to develop the Development in
such order, and at such rate, in one phase or in multiple phases, at such times as
OWNER deems appropriate within the exemise of its subjective business
judgment. Specifically, the CITY agrees that OWNER shall be entitled to apply
for and receive the Future Development Approvals and to develop and use the
Property at any time during the term of this Agreement, provided that such
application is made and such Development occurs in accordance with this
Agreement, the other Development Plan Approval(s) and the Existing
Regulations. The CITY covenants that no Existing Regulation purports to limit
the scope, rate or timing of Development or alter the sequencing of Development
in a manner inconsistent with the Development Plan Approval(s). No future
amendment of any CITY law, or future adoption of any CITY law or other action,
that purports to limit the scope, rate or timing of Development on the Property
shall apply to the Property. In particular, but without limiting any of the foregoing,
no numerical restriction shall be placed by CITY on the number of dwellings units
or amount of commercial development that may be built in any particular year on
any portion of the Property other than permitted by this Agreement.
3.1.3 Entitlements, Permits and Approvals - Cooperation.
3.1.3.1 Processing. CITY agrees that it shall accept and
expeditiously process, pursuant to CITY's regular procedures, OWNER's
applications for amendments to this Agreement, amendments to the
Development Plan Approval(s) and the Future Development Approvals.
3.1.3.2 Further Mitigation. In connection with lhe
issuance of any Future Development Approvals which are subject to review
under CEQA, unless required under the California Public Resource Code and the
Guidelines promulgated thereunder, the CITY shall not impose any
environmental land use project alternatives or mitigation measures on OWNER
or the Property beyond those referenced in the Development Plan Approval(s).
7134.71.1 l 1/19,r2002 1!
3.1.3.3 Other Permits. The CITY further agrees to
reasonably cooperate with OWNER, at no cost to the CITY, in securing any
County, Local Agency Formation Commission, State and Federal permits or
authorizations which may be required in connection with Development of the
Property. Except as expressly provided for in this Agreement, this cooperation
shall not require any economic contribution or similar consideration by the CITY.
3.1.3.4 Litigation. The CITY agrees to reasonably
cooperate with OWNER in all reasonable manners in order to keep this
Agreement in full force and effect. If any legal action is instituted by a third party
or other governmental entity or official challenging the Development Plan
Approval(s) or Future Development Approvals, the parties hereby agree to
cooperate in the defense of this action. CITY shall defend its interests under this
Agreement using attorneys of its own sole selection and OWNER agrees that
OWNER shall be responsible for all of CITY's costs, including, but not limited to,
attorneys fees, costs, expert witnesses, travel, exhibits, displays and the like.
OWNER shall reimburse CITY its costs within thirty (30) calendar days of receipl
of any invoice(s) by OWNER requesting payment for any such costs.
3.1.3.5 Acquisition of Off-Site Property.
3.1.3.5.1 The CITY shall not postpone or refuse
approval of a Future Development Approval because the OWNER or
Development Transferee has failed to acquire off-site property required for the
construction or installation of Off-Site Improvements so long as OWNER
complies with Subsection 3.1.3.5.3. CITY shall use its authority pursuant to
California Govemment Code Section 66462.5 to seek to acquire the necessary
interests.
3.1.3.5.2 If there are delays in the acquisition of
the right-of-way for the off-site or County of Riverside portions of Buttarfield
Stage Road, CITY may in its discretion, issue additional building permits beyond
the Five Hundred Tenth (510t~). The additional building permits beyond the
510th shall be limited to no more than Fifty (50) every six months. In no event,
shall the CITY issue mom than a total of Two Hundred (200) additional building
permits beyond the initial 510 permits.
3.1.3.5.3 To the extent the OWNER or a
Development Transferee does not have sufficient title or inlerest in the real
property to be improved to permit an Off-Site Improvement to be made the
OWNER or Development Transferee shall make a good faith effort to acquire the
required properly in a timeframe calculated to allow for the orderly development
of the Project. If the OWNER or Development Transferee is unable to acquire
the required property, the CITY shall consider in good faith the acquisition of the
required property. Subject to the following, if the CITY is unable to acquire the
required property by negotiation or condemnation within the time frame provided
for in Government Code Section 66462.5, the CITY shall not use such failure as
713471.1 11119/2002 12
grounds to deny Future Development Apprevais except for building permits for
the Project despite the fact that the Off-Site Improvement has not been
completed, subject to OWNER delivering to CITY the full sum of monies
described hereafter. Further, the CITY's obligation to continue to issue Future
Development Approvals as provided for in this Section is contingent upon: (i) the
applicable OWNER or Development Transferee having made a timely submittal
of the improvement plans required for the respective Oft-Site Improvement to the
CITY; and (ii) consistent with Government Code Section 66462.5, the OWNER or
Development Transferee enters into an agreement with the CITY to reimburse
the CITY for costs incurred by the CITY in acquiring the required property; and
(iii) so long as OWNER or Development Transferee has deposited with CITY an
amount equal to the CITY's calculation of the costs necessary to design the Off-
Site Improvements, acquire the real property, enter into a contract for such public
work subject to all legal requirements and to construct the Public Infrastructure
Improvement(s) which are uncompleted. CITY may use these funds for
community circulation/transportation improvements within the Specific Plan Area
in ils sole discretion.
3.2 Reserved Authority.
3.2.1 Uniform Codes. This Agreement shall not prevent the CITY
from applying new "uniform" construction standards 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, to the Development,
provided those same standards are applied to all other development within the
CITY.
3.2.2 State and Federal Laws and Regulations. Subject to
compliance with the requirements of this Section 3.2.2, the Property may be
subject to subsequently enacted state or federal laws or regulations which
preempt local regulations, or mandate the adoption of local regulations, and are
in conflict with the Development Plan Approval(s). Upon the identification of a
subsequently enacted federal or state law meeting the requirements of this
Section, CITY or OWNER shall provide the other parties with written notice of the
state or federal law or regulation, provide a copy of the law or regulation, and a
wrilten statement of conflicts with the provisions of this Agreement. Promptly
thereafter CITY and OWNER shall meet and confer in good faith in a reasonable
attempt to determine whether a modification or suspension of this Agreement, in
whole or in part, is necessary to comply with such federal or state law or
regulation. In such discussions, CITY and OWNER agree to preserve the terms
of this Agreement and the rights of OWNER as derived from this Agreement to
the maximum feasible extent while resolving the conflict. CITY agrees to
cooperate with OWNER in resolving the conflict in a manner which minimizes
any financial impact of the conflict upon OWNER without materially increasing
the financial obligations of CITY under this Agreement. CITY also agrees to
process in a prompt manner OWNER's proposed changes to the Project as may
be necessary to comply with such Federal or State law; provided, however, that
713471,1 11/19/2002 13
the approval of such changes by CITY shall be subject to the discretion of CITY,
consistent with this Agreement.
3.2.3 Regulation for Health and Safety. Nothing in this
Agreement shall be construed to be in derogation of CITY's police power to
protect the public health and safety from a sudden, unexpected occurrence,
involving a clear and imminent danger, demanding immediate and interim action
to prevent or mitigate loss of, or damage to, life, health, property, or essential
public services involving the Property or the immediate community (~Exigent
Event"). Upon discovery of an Exigent Event, CITY may suspend this Agreement
for a period reasonably necessary to analyze, evaluate and develop a response
to the Exigent Event following delivery of written notice of suspension to
OWNER. Immediately thereafter, the suspension shall end and CITY shall
provide the OWNER with written notice of the existence of the Exigent Event, a
detailed explanation of the CITY's proposed action, and a written statement of
conflicts with the provisions of this Agreement. Promptly thereafter CITY and
OWNER shall meet and confer in good faith in a reasonable attempt to determine
whether a modification or suspension of this Agreement, in whole or in part, is
necessary to comply with the Exigent Event. In such discussions, CITY and
OWNER agree to preserve the terms of this Agreement and the rights of
OWNER as derived from this Agreement to the maximum feasible extent while
resolving the conflict. CITY agrees to cooperate with OWNER in resolving the
conflict in a manner which minimizes any financial impact of the conflict upon
OWNER without materially increasing the financial obligations of CITY under this
Agreement. CITY also agrees to process in an expedited manner OWNER's
proposed changes to the Project as may be necessary to comply with the
Exigent Event; provided, however, that the approval of such changes by CITY
shall be subject Io the discretion of CITY, consistent with this Agreement.
3.3 Further Assurances to OWNER Reqardim:l Exercise of
Reserved Authority.
3.3.1 Judicial Review. Based on the foregoing, if OWNER
judicially (including by way of a reference proceeding) challenges the application
of a future rule, regulation or policy as being in violation of this Agreement and as
not being applied in accordance with the Reserved Authority, OWNER shall bear
the burden of alleging that such rule, regulation or policy is inconsistent with the
Existing Regulations and the Development Plan Approval(s) and the CITY shall
thereafter bear the burden of proof in establishing by a preponderance of the
evidence that such regulation was adopted pursuant to and in accordance with
the Reserved Authority and was not applied by the CITY in violation of this
Agreement.
3.4 Consistent and Inconsistent Enactments.
3.4.1 No Conflicting Enactments. The CITY shall not enact a
rule, regulation, ordinance, policy, permit or other measure (collectively ~Law"),
713471.1 11/19/2002 14
nor take any action applicable to the Project or the Property, which governs the
rate, timing, scope, intensity, use, density, manner, or sequencing of the
Development, or any part thereof and which is inconsistent or in conflict with the
Development Plan Approval(s). By way of enumeration, and not limitation, any
law, action or inaction, whether by specific reference to the Project, this
Agreement or otherwise, shall be considered to conflict if it:
3.4.1.1 Restricts the Vested Rights described in lhe
Agreement or in any way limits or reduces lhe rate, timing, scope, intensity, use,
density, manner, or sequencing of the Development or otherwise requires any
reduction or increase in the number, size, height or square footage of lot(s),
structures, buildings or other improvements, modifies the standards and
specifications applicable to the infrastructure required for the Development or
requires additional dedications, exactions, fees or mitigation other than that
provided for in the Agreement;
3.4.1.2 Is consistent with Section 3.4.1.1 hereof, but is
not uniformly applied by the CITY to all substantially similar development within
the CITY; or
3.4.1.3 Imposes a new permit requirement or
procedure not already part of the Existing Regulations.
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 conflic[:
3.4.2.1 Transfers of units or permitted uses as
requested by OWNER within the Property as provided for in Sections 2 and 3 of
the Specific Plan;
3.4.2.2 Changes in the phasing of the Development
pursuant to an application from OWNER and as first approved by the CITY; and
3.4.2.3 Any enactment authorized by this Agreement.
3.4.3 Consistency Between This Agreement, the Development
Plan Approval(s) and Existing Regulations. To the extent a conflict exists or
develops between the Existing Regulations and the Development Plan
Approval(s), the Development Plan Approval(s) shall be controlling. To the
extent a conflict exists or develops between this Agreement and any other
Development Plan Approval(s), this Agreement shall be controlling.
Notwithstanding anything to the contrary, the mitigation requirements within the
EIR shall be carried out as set forth therein, or as may be amended from time to
time.
713471.1 11/19/2002 15
3.4.4 Map Act Consistency. As required by California
Government Code Section 65867.5, any tentative map prepared for the Project
shall comply with California Government Code Section 66473.7.
3.5 Amendment of Development Agreement.
3.5.1 Initiation of Amendment. Either CITY or OWNER may
propose an amendment to this Agreement. An operating memorandum, as
defined below, is not an amendment of this Agreement.
3.5.2 Changes Requiring an Amendment. Unless otherwise
required by law, neilher an amendment to the Development Plan Approval(s) nor
the approval of a Future Development Approval shall require an amendment of
this Agreement unless the amendment:
3.5.2.1 Materially alters the permitted uses of the
Property as a whole in a manner inconsistent with the procedures established in
the Specific Plan;
3.5.2.2
Property as a whole;
Increases the density or intensity of use of the
3.5.2.3 Increases the maximum heighl and size of
permitted buildings. Notwithstanding anything to the contrary herein, an
amendment of this Agreement is not required if OWNER pursues entitlements,
permits or approvals pursuant to a waiver of vested rights as provided for in
Section 4.1.
3.5.3 Procedure. Except as set forth in Section 3.5.5 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.
3.5.4 Consent. Any amendment to this Agreement shall require
the written consent of both the CITY and the OWNER whose portion of the
Property would be materially affected by the amendment. No amendment to all
or any provision of this Agreement shall be effective unless set forth in writing,
signed by duly authorized representatives of the CITY and the applicable
OWNER, and adopted pursuant to legal requirements imposed on CITY. An
amendment of this Agreement does not require the consent of a Development
Transferee unless the rights, duties, or obligations of the Development
Transferee are affected. To the extent the consent of the OWNER that did not
initiate the amendment is necessary, that OWNER shall not unreasonably
withhold its consent. Notwithstanding the above, that OWNER shall consent to
the amendment on or before the thirtieth (30th) day after receipt of notice of the
initiation of the amendment if, as determined in that OWNER's reasonable
71347t.1 11/19/2002 16
business judgment, that proposed amendment will not have a material adverse
impact on the Development of that OWNER's portion of the Properly.
3.5.5 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
flexibilily with respect to the details of the Development Plan and with respect to
those items covered in general terms under this Agreement. If and when the
parties and, if applicable, a Development Transferee, mutually find that
nonsubstantive changes, adjustments, or clarifications are appropriate to further
the intended purposes of this Agreement, and such are not materially
inconsistent with the Development Plan Approval(s), they may, unless otherwise
required by law, effectuate such changes, adjustments, or clarifications without
amendment to this Agreement through one or more operating memoranda
mutually approved by the City Manager, or designee, 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, which, after execution, shall
be attached hereto as addenda and become a part hereof. Unless otherwise
required by law or by the Development Plan Approval(s), no such changes,
adjustments, or clarifications shall require prior notice or hearing, public or
otherwise. Nothing herein shall authorize the delegation of authority to the City
Manager, or designee, contrary to California or Federal Law.
3.6 Future Amendments to Development Plan AoDroval(s}. The
following rules apply to future amendments to the Development Plan Approval(s),
except that Section 3.5 shall control with respect Io a nonsubstantive adjustment
of this Agreement and Section 3.7 shall control with respect to Future
Development Approvals:
3.6.1 OWNER's Written Consent. It is contemplated by the
parties that mutually agreed upon amendments to the Development Plan
Approval(s) may be necessary. Any amendments to the Development Plan
Approval(s) to which OWNER does not agree in writing shall not apply to the
Property or the Project while this Agreement is in effect.
3.6.2 Concurrent Development Agreement Amendment, Any
entitlement requiring amendment of this Agreement, as provided for in
Section 3.5 hereof, shall be processed concurrently with an amendment to this
Agreement in the manner required by law.
3.6.3 Effect of Amendment. Except as expressly set forth within
this Agreement, an amendment of the other Development Plan Approval(s) will
not alter, affect, impair or otherwise impact the rights, duties and obligations of
the parties under this Agreement. To the extent an amendment to the
Development Plan Approval(s) is approved in accordance with Section 3.6.1, the
713471.1 11/19/'2002 17
amendment shall constitute for all purposes a Development Plan Approval and
shall be treated as if it were in existence on the Agreement Date.
3.7 Future Development Approvals.
3.7.1 Exercise of CITY Discretion. In connection with Future
Development Approval or any other actions which the CITY is expressly
permitted to make under this Agreement relating to the Project, the CITY shall
exercise its discretion or take action in a manner which complies and is
consistent with the Development Plan Approval(s) and the Existing Regulations.
3,7.2 Concurrent Development Agreement Amendment. Any
Future Development Approval requiring amendment of this Agreement, as
provided for in Section 3.5 hereof, shall be processed concurrently with an
amendment to this Agreement.
3.7.3 Effect of Future Development Approvals. Except as
expressly set forth within this Section 3.7, a Future Development Approval will
not alter, affect, impair or otherwise impact the rights, duties and obligations of
the parties under this Agreement. To the extent a Future Development Approval
is approved in accordance with Sections 3.7.1 and 3.7.2, the Future
Development Approval shall constitute for all purposes a Development Plan
Approval and shall be treated as if it were in existence on the Agreement Date.
4. Obligations of the Parties.
4.1 Fee and Exaction Related Responsibilities.
4.1.1 Development Impact Fees. CITY has adopted an
ordinance requiring the payment of Development Impact Fees ("DIF"). This
Agreement affects the means by which the DIF are collected and accounted for
as regards the Project. The CITY will credit, and thus not require cash payment
to the CITY from OWNER, except as where cash payments are specified in this
Agreement. The per unit credit against otherwise payable DIF will be calculated
at the time each building permit is obtained by OWNER as issued by CITY. CITY
will carry the credit in its accounts, and the same will be evidence of an
indebtedness OWNER owes to CITY. CITY will grant the credit to OWNER and
deem the debt satisfied at such time as CITY Accepts that part of either/or both
the On-Site and Off-Site Improvements that are within the scope of each
individual DIF category specified hereunder. In the event OWNER fails to obtain
the CITY's Acceptance of either or both any On-Site or Off-Site Improvement
then CiTY may elect to (i) deem the DIF that is applicable to the type of
improvement or subject matter then due and payable in the full amount OWNER
would have been required to pay pursuant to the DIF schedule in effect when the
Building permit is issued by CITY for each building permit; (ii) cease issuance of
building permits for all or any portion of the Project; (iii) seek specific
performance of the On-Site or Off-Site Improvements; or (iv) seek any other
713471.1 11/19/2002 18
remedy available in law or equity. CITY's election may include any one or any
combination of the foregoing remedies.
The DIF is comprised of several components, each corresponding
to different elements of the On-Site and Off-Site Improvements. The individual
component and the credit, if any, is set fodh hereunder.
4.1.1.1 Street Improvement DIF Component. The
OWNER shall be granted a credit for One Hundred Percent (100%) of the Street
Improvement component so long as OWNER completes and CITY Accepts the
On-Site and Off-Site Improvements.
4.1.1.2 Traffic Signal DIF Component. The OWNER shall
be granted a credit for One Hundred pement (100%) of the Traffic Signal
component so long as OWNER completes and CITY Accepts the On-Site and
Off-Site Improvements.
4.1.1.3 Library and Corporate Facilities DIF
Components. These components require cash payment of the fees in effect at
the time of issuance of each building permit.
4.1.1.4 Fire DIF Component. The OWNER shall be
granted a credit for One Hundred percent (100%) of the Fire component so long
as OWNER completes and CITY Accepts the Fire Service Improvements as
defined in Section 4.1.6 a and b.
4.1.1.5 Park and Recreation DIF Component. The
OWNER shall be granted a credit for One Hundred percent (100%) of the Park's
component so long as OWNER completes, and CITY Accepts, the park
improvements. The Parks shall be built in accordance with the Specific Plan,
which includes the following specific matters.
a, A 19.7-acre Sports Park (Planning Area 27).
b. A 5.1-acre Neighborhood Park (Planning Area 6).
c. The developer shall also be responsible to design and
construct not less than a half-width slreet and right-of-way improvements, related
grading and utility connections to the park site at the Developer's cost with no
credits towards the Park and Recreation Component of DIF. In addition to any
other improvements OWNER shall construct, at its own cost, not later than the
th
thirtieth (30) day before the Acceptance of each park, including the following:
1, Street and right-of-way improvements adjacent
to the Sports Park, including Butterfield Stage Road and the North Loop.
713471.1 11/19/2002 19
2. Street and right-of-way improvements adjacent
to the Neighborhood Park including Murrieta Hot Springs Road and ~A" Street as
referenced in the Specific Plan.
4.1.1.5.1 General Parks Provisions.
a. All real property shall be conveyed as provided for in
Section 4.1.1.5 and 4.4.1 OWNER shall demonstrate the condition of title
pursuant to CLTA title insurance policies, in an amount equal to both the value of
the land and the actual costs of the improvements located thereon.
b. OWNER shall work with the CITY to design the
Community Sports Park and the Neighborhood Park site to the satisfaction of the
Director of Community Services and consistent with the requirements of Section
4.2.1 of the Specific Plan.
c. The Community Sports Park will generally be improved
with two (2) lighted full sized soccer fields, two (2) lighted full sized ball fields, two
(2) lighted basketball courts, a restroom/concession/maintenance building, age
appropriale play structures, picnic shelter, concrete walkways and parking
improvements. The Park Development Impact Fee credit allocated to OWNER
under this Agreement for the design and construction of the Community Park is
$2,909,989.00. OWNER shall provide verification to the CITY of actual design
and construction costs. Any and all design and construction cost in excess of
$2,909,989.00 shall be the sole responsibility of OWNER.
The Community Sports Park shall be completed, including
the completion of the 90-day maintenance and establishment period to the
satisfaction of the Director of Community Services and the grant deed Accepted
by the City Council, prior to the issuance of the 700th residential building permit in
the Project.
d. The Neighborhood Park will generally be improved with
age appropriate play structures, one (1) lighted basketball court, restroom, picnic
shelter, open turf area, concrete walkways and parking improvements. The Park
Development Impact Fee credit allocated to OWNER under this Agreement for
the design and construction of the Neighborhood Park is $625,000. OWNER
shall provide verification to the CITY of actual design and construction cost. Any
and all design and construction cost in excess of $625,000 shall be the sole
responsibility of OWNER.
The Neighborhood Park shall be completed, including the
completion of the 90-day maintenance and establishment pedod to the
satisfaction of the Director of Community Services and the grant deed Accepled
by the City Council, prior to the issuance of the 400th residential building permit in
the Project.
713471.1 11/19/2002 20
4.1.2 Quimby Fee. The Project, pursuant to the requirements of
Section 16.33 of the CITY's Subdivision Ordinance is obligated to provide 28.71
acres of real property for park and recreation purposes. This requirement will be
satisfied in full upon CiTY's Acceptance of the real property and the OWNER's
completion of the private recreation components as described in Sections 2.8.1
and 4.2.2 of the Specific Plan.
4.1.3 Development Agreement Fee. OWNER shall pay to the
CITY the aggregate sum of money determined by the following formula.
Add the sum of the following formula: $1,500 x
2015 (the maximum number of residential dwelling units allowed under the
Specific Plan) = $3,022,500
To the sum of the following formula: $3.00 x
110,000 (the maximum amount of square feet of commercial development
allowed under the Specific Plan)= $330,000
Total sum due CITY: $3,352,500.
4.1.3.1 CiTY Collection of Funds.
a. OWNER recognizes that the City will draw a
sum of Two Million Dollars $2,000,000 from the CFD proceeds shall pay to CITY,
and CITY shall accept the sum of Two Million Dollars ($2,000,000.00) for CITY-to
use for the provision of the Fire Service Improvements described in Section
4.1.6. The monies shall be paid to CITY within thirty (30) calendar days of the
formation and funding of the public finance district referenced in Section 4.3.
b. CITY shall defer collection of the remaining
monies attributable to this fee ($1,352,500.00) lo the formation of the public
finance district. At the time the public facilities finance mechanism, as referenced
in Section 4.3, is funded, this debt will be deemed satisfied in full. if the financing
mechanism is not in place on the one year anniversary date of this Agreement,
OWNER shall, without demand by CITY, deliver CITY the sum of $1,352,500.00
on the day immediately following the described one year anniversary date.
4.1.4 Fee for Public Art, Open Space and Habitat Preservation.
In consideration of CITY's performance pursuant to the terms of this Agreement,
OWNER agrees to pay to City a fee of Two Hundred Dollars ($200.00) per
dwelling unit which the CITY agrees to use for City-owned public art and open
space and habitat preservation purposes. The fee will be paid upon the issuance
of each building permit for a dwelling unit, The CITY agrees lo use all proceeds
of the art fee paid pursuant to this Section on a site located within the Property.
713471.1 11/19/2002 21
Notwithstanding the foregoing, CITY agrees to waive and/or defer the following
sums pursuant to the following terms:
a. Credit in the amount of One Hundred Fifty Dollars
($150.00) per residential unit in consideration of OWNER'S contribution of
approximately 200 acres of open space and other contributions towards the
acquisition of open space lands,
b. Credit in the sum of Fifty Dollars ($50.00) per
residential unit so long as OWNER provides the full sum "Art in Public Places"
monies calculated by multiplying the number of units permitted by the Specific
Plan times the $50.00 sum per unit. Prior Io the issuance of the 301st building
permit, the OWNER shall prepare, and submit to CITY for review and approval, a
Public Art Program. The design of the art piece(s) shall be approved by lhe
Community Services Director pursuant to such Public Art Program. The location
of the art piece(s) shall be consistent with the approved Public Arts Program.
The approved public art shall be installed by OWNER and Accepted by CITY
prior to the issuance of the 510~ building permit within the Project.
4.1.5 Transit Contributions.
a. Transit Mitigation Fee. A Transit Mitigation Fee in the
amount of Three Hundred Thousand Dollars ($300,000.00) shall be paid by
OWNER to CITY prior to the 510th building permit being issued by CITY for the
project. The funds may be used to further any objective of the Agreement
between the CITY and RTA.
b, Park-N-Ride. OWNER shall provide, as described in
the Specific Plan, fifty (50) designated park-n-ride spaces for public use prior to
the issuance of the 1st building permit in Planning Areas 10, 12, 14 through 23,
31,33A, and 33B. The spaces shall be consistent with the standards set forth in
the Specific Plan.
4.1.6 Fire Service Improvements, The following shall satisfy
OWNER's obligations regarding this component.
a. Conveyance of Land. On or before the thirtieth (30~)
calendar day after the Annexation Date of this Agreement, OWNER accomplish
the following:
1. Fee simple title shall be conveyed to CITY, free
and clear of all liens and matters of record;
2. OWNER shall provide CITY a CLTA insurance
policy insuring CITY's title to the Station Site in an amount equal to the fair
market value of the Station Site.
713471.1 11/19/2002 22
3. The parcel shall have not less than one and
one-half (1.5) acre of flat land usable for development as a CITY fire station. In
no event shall the site be in excess of three (3) gross acres.
b. Gradinq. Prior to the issuance of the first (1st)
building permit, OWNER shall rough grade the parcel.
c. Construction. Pursuant to the following, OWNER
shall tender and CITY shall Accept from OWNER the unrestricted right to utilize
sum of Two Million Dollars ($2,000,000.00) for the purpose of CITY to design and
construct a Fire Station and acquire title to a fire truck of City's selection. Until
the Fire Station is constructed, manned, equipped and deemed operational by
the Fire Chief of CITY and the secondary access, as defined ion Attachment 5, is
completed OWNER, and any Development Transferee, shall not be issued and
shall not seek the issuance of any building permit in any Planning Area, as the
same is defined in the Specific Plan, with the sole exception of a total of One
Hundered Seven (107) residential building permits within Planning Areas lA, 2,
and 3.
Upon receipt of the right to the development monies and the real
property CiTY shall commence and complele the design and construction of the
Fire Station. CITY anticipates completing the construclion of the Fire Station on
or before twenly-four (24) months from the date the monies and land are
received. The Fire Chief, in his sole discrelion may allow a maximum of 250
residential building permits total for the project to be issued within Planning Areas
lA, 2, 3, 4A, and 4B so long as the permanent fire station and the secondary
access, as defined in Attachmenl 5 are substantially under construction at the
time such additional building permits are requested.
d. Fire Station Construclion Street Improvements.
OWNER shall, subject to final review and Acceptance by CITY, construct the
street improvements adjacent to the Fire Station in conformance wilh the
conditions set forth in this Agreement and subject to the CITY's approved street
improvement plans for the public street(s) which are immediately adjacent to the
Fire Station. OWNER shall commence and complete the street improvements,
including but not limited to, asphalt concrete travel lanes, concrete curb and
gutter, sidewalk per Specific Plan and right-of-way landscaping as required by
CITY, The improvements described in this Section shall be completed not less
than thirty (30) calendar days prior to the date the CITY will place the Fire Station
in full operation.
e. Release. Upon the funding of the public finance district
or other financing mechanism and CITY's ability to utilize such monies for
construction of a permanent fire station as described in Section 4.1.6, and the
Acceptance of title to the site, then OWNER's further obligations to pay the Fire
Component of the Development Impact Fee will be credited by CITY, and CITY
713471.1 I 1/19/2002 23
shall not impose restrictions on building permit issuance based upon
nonpayment of the Fire Component of the Development Impact Fee.
f. Limitation on Participation. The OWNER agrees to not
participate in the design or construction of the fire station, even if it is funded by a
public financing district. However, to ensure amhitectural compatibility with future
development, CITY agrees to allow OWNER's amhitect to coordinate with the
architect hired by CITY for the sole purpose of providing input into the
amhitectural themes of the exterior lo the fire station.
4.1.7 Other Fees.
a. Processin.q and Application Fees. OWNER shall pay
the application and processing fees customarily imposed on the type of
entitlement or permit sought at the rate, and in the amount, imposed by CITY
pursuant to the fee schedule, resolution or ordinance applicable to all projects in
the CITY and in effect at the time the application is submitted to and accepted as
complete by the CITY.
b. Transportation Uniform Mitiqation Fee (TUMF).
TUMF is anticipated to be adopted by both CITY and the County of Riverside.
OWNER shall pay all TUMF fees that are required to be paid under TUMF, in
accordance with the terms of the program that are in effect at the time OWNER
obtains each building permit.
4.2 Physical Improvements. In consideration of the CITY's promises
and performances OWNER agrees to the following:
4.2.1 Off-site Improvements Subject to CITY's assistance
pursuant to Section 3.1.3.5. OWNER shall be solely responsible for funding,
acquiring right-of-way, slope easemenls, rights of entry, temporary construction
easements, as well constructing all improvements identified in Attachment 5.
4.2.2 On-Site Improvements. OWNER shall be solely
responsible for funding, acquiring right-of-way, slope easements, rights of entry,
temporary construction easements, as well constructing all other on-site
improvements. A list of impgrtant on-site improvements is identified in
Attachment 5.
4.3 Public Facility Financing Plan. In consideration for OWNER's
commitments under this Agreement to provide certain On-Site and Off-Site
Improvements and to assist in the formation thereof, the CITY agrees to use best
efforts to cause to be formed a means lo finance the Improvements, which most
likely will be a Community Facilities District ("CFD"). The parties agree that no
building permit within any Planning Area, regardless of whether the
improvements will be public or private or commemial or residential, shall be
713471.1 11/19/2002 24
issued until the CFD is formed and funded, CITY shall determine the
appropriateness of all proposed improvements financed through the CFD.
4.4 Related Real Property Conveyances; Conditions to
Development A,qreement.
4.4.1 Mens, Encumbrances and Environmental Conditions. All
real property dedicated to the CITY pursuant to this Agreement shall be free and
clear of any and all matters of record that the CITY objects to in its sole
discretion, including but not limited to matters which require the direct payment of
money (excluding all non-delinquent taxes and assessments), including but not
limited to, deeds of trust and mechanic liens. The real property shall also be
dedicated free of other encumbrances of record that would prevent the CITY
from using such dedicated facility for its intended use as identified herein or as
reasonably inferred as relating. Further the real property shall be warranted, to
the best of OWNER's actual knowledge, to be free of any known environmental
conditions that would prevent the real property from being used as intended by
the CITY. OWNER shall provide the CITY copies of all reports, investigations
and analysis that discuss the environmental condition of the real property.
5. Indemnification. Except to the extent of the active negligence or willful
misconduct of the Indemnified Parties (as defined below), OWNER, with respect
to the Property, and the Development Transferee, with respect to the portion of
the Property transferred to that Development Transferee, agree Ihat during the
Term of this Agreement, to defend the 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 Agreement. OWNER and Development Transferee may be
individually referred to herein as "Indemnifying Party' and collectively as
"indemnifying Parties". Each Indemnifying Party shall retain settlement authority
with respect to any matter concerning that Indemnifying Party provided that prior
to settling any such lawsuil or claim with respect to that Indemnifying Party, the
Indemnifying Party shall provide the CITY and the other Indemnifying Parties with
a minimum ten (10) business days written notice of its intent to settle such
lawsuit or claim. If the CITY or the other Indemnifying Parties, in their reasonable
discretion, do not desire to settle such lawsuit or claim, it may notify the
applicable indemnifying Party of the same, in which event the applicable
Indemnifying Party may still elect to settle the lawsuit or claim as to itself, but the
non-settling parties may elect to continue such lawsuit, at their cost and expense,
so long as: (i) with respect to the CITY, 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; or (ii) with respect to the other
Indemnifying Parties, the decision is predicated upon a legitimate and articulated
threat to the Development of that Indemnifying Pady's property.
713471.1 11/19/2002 25
6. Relationship of Parties. OWNER is not the agent or employee of the
CITY. The 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 the CITY and OWNER joint ventures or partners.
7. Periodic Review of Compliance With Agreement.
7.1 Periodic Review. The CITY and OWNER shall review this
Agreement once every 12-month period from the Effective Date until the
Agreement terminates. The CITY shall notify OWNER in writing of the date for
review at least thirty (30) days prior thereto.
7.2 Good Faith Compliance. During each periodic review, OWNER
shall be required to demonstrate good faith compliance with all material terms of
this Agreement. The parties recognize that this Agreement and the documents
incorporated herein could be deemed to contain hundreds of requirements and
that evidence of each and every requirement would be a wasteful exercise of the
parties' resources. Accordingly, OWNER shall be deemed to have satisfied its
good faith compliance when it presents evidence of substantial compliance with
the material provisions of this Agreement. Generalized evidence or statements
of compliance shall be Accepted in the absence of any evidence that such
evidence is untrue.
7.3 Failure to Conduct Annual Review. The failure of the CITY to
conduct the annual review shall not constitute, or be asserted by OWNER or
CITY as a breach of this Agreement.
7.4 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. The Notice must describe in detail the specific
issues which caused the CITY to question OWNER'S good faith compliance and
the evidence the CITY believes is necessary for the review. 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 7.4 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 in violation of this
Agreement.
7.5 Administration of Agreement. Any final decision by the CITY
staff concerning the interpretation and administration of this Agreement and
Development of the Property in accordance herewith may be appealed by
OWNER first to the Planning Commission and thereafter to the City Council,
provided that any such appeal shall be filed with the City Clerk within thirty (30)
days after OWNER receives written notice that the staff decision is final ail as
713471.1 I 1/19./2002 26
pursuant to murine planning appeal procedures. 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.
7.6 Availability of Documents. If requested and reimbursed for all
costs, by OWNER, the CITY agrees to provide to OWNER copies of any
documents, reports or other items reviewed, accumulated or prepared by or for
the CITY in connection with any periodic compliance review by the CITY,
provided OWNER reimburses the CITY for all reasonable and direct costs and
fees incurred by the CITY in copying the same. The CITY shall respond to
OWNER's request on or before ten (10) business days have elapsed from the
CITY's receipt of such request.
8. Events of Default: Remedies and Termination. Unless amended as
provided in Section 3.5, or modified or suspended pursuant to Government Code
Section 65869.5 or terminated pursuant to this Section 8, this Agreement is
enfomeable by any party hereto.
8.1 Defaults by OWNER. If, after following the procedures established
in Section 7 hereof, the CITY determines on the basis of a preponderance of the
evidence that OWNER has not complied in good faith wilh the material terms and
conditions of this Agreement, the CITY shall, by written notice to OWNER specify
the manner in which the allegedly defaulting party has failed to so comply and
state the steps the allegedly defaulting party must take to bring itself into
compliance. If, within thirty (30) days after the effective date of notice from the
CITY specifying the manner in which the allegedly defaulting party has failed to
so comply, the allegedly defaulting party does not commence all steps
reasonably necessary to bring itself into compliance and thereafter diligently
pursue such steps to completion, then the allegedly defaulting party shall be
deemed to be in default under the terms of this Agreement and the CITY may
terminate this Agreement with respect solely to Ihe allegedly defaulting party's
property pursuant to Government Code Section 65865.1 or may seek specific
performance as set forth in Section 8.3.
8.2 Defaults by CITY. If OWNER determines on the basis of a
preponderance of the evidence that the CITY has not complied in good faith with
the terms and conditions of this Agreement, OWNER shall, by written notice to
the CITY, specify the manner in which the CITY has failed to so comply and state
the steps the 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 the CITY has failed to so comply, the CITY does not commence all steps
reasonably necessary to bring itself into compliance as required and thereafter
diligently pursue such steps to completion, then the 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 specific performance as set forth in
Section 8.3. OWNER shall not retain the right to seek, and hereby expressly
713471.1 11/19/2002 27
waives, the right to seek damages against CITY for any action or failure to act
under this Agreement.
8.3 Specific Performance Remedy. Due to the size, nature and
scope of the Project, it may not be practical or possible to restore the Preperty 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. CITY and OWNER has
already 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
lhe Project in reliance upon the terms of this Agreement, and it may not be
possible to determine the sum of money which would adequately compensate
OWNER for such efforts. For the above reasons, the CITY and OWNER agree
that damages may not be an adequate remedy if the CITY or OWNER fails to
carry out its obligations under this Agreement and that CITY or OWNER shall
have the right to seek and obtain specific performance as a remedy for any
breach of this Agreement. Notwithstanding the foregoing, if the CITY is
authorized by Section 8.4.1 to withhold an approval or permit upon a specified
condition being satisfied by OWNER in the future, and if OWNER then fails to
satisfy such condition, the CITY may be entitled to specific performance for the
sole purpose of causing that nonperforming party, and only that nonperforming
party, or any party with an obligation to so perform the condition, to satisfy such
condition. The CITY's right to specific performance shall be limited to those
circumstances set forth above, and the CITY shall have no right to seek specific
performance to cause OWNER or a Development Transferee to otherwise
proceed with the Development of the Project in any manner, with the express
exception of the Off-Site Improvements
8.4 Institution of Legal Action. Any legal action hereunder 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
seq. OWNER and lhe CITY shall agree upon a single referee who shall then try
all issues, whether of fact 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 the CITY are unable Io 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 8.4 shall be
considered a temporary judge appointed pursuant to Article 6, Section 21 of the
California Constitution.
8.4.1 Effect of Noncompliance. Notwithstanding the foregoing,
to the extent the Development Plan Approval(s) expressly provide(s) that
Development of the Project or a portion thereof is directly dependent upon the
performance of material obligations assumed by OWNER or a Development
713471.1 11/19/2002 28
Transferee, which material obligations have not been performed, the CITY may,
in its reasonable discretion, withhold any permits and/or approvals, including,
without limitation, certificates of occupancy, with respect to those directly
dependent portions of the Project from OWNER and/or Development Transferee
until such obligations have been substantially performed.
8.5 Estoppel Certificates. A party may at any time deliver written
notice to the other party requesting an estoppel certificate (the "Estoppel
Certificate"). A party receiving a request for an Estoppel Certificate shall provide
a signed cerlificate 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 or member of a
private party may sign on behalf of that party. An Estoppel Certificate is intended
to be relied on by assignees and mortgagees. If 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. The Estoppel Certificate shall address issues such as whether:
8.5.1 The Agreement is in full force and effect and is a binding
obligation of the parties.
8.5.2 The Agreement has been amended or modified either orally
or in writing and, if so amended, identifying the amendments.
8.5.3 A default in the pertormance of the requesting party's
obligations under the Agreement exists and, if a default does exist, the nature
and amount of any default.
9. Waivers and Delays.
9.1 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 exemise 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.
9.2 Third Parties. Non-performance shall not be excused because of
a failure of a third person, except as provided in Sections 9.3 or 9.4.
9.3 Force Maieure. A party 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 that party's control, action or
inaction by the CITY, which ac{ions or inactions are breaches of any term of this
Agreement, judicial decisions, or litigation regarding the Development Plan
Approval(s) or Future Development Approvals or other similar events.
713471.1 I 1/19/2002 29
9.4 Extensions. The Term of this Agreement and the time for
performance by a party of any of its obligations hereunder or pursuant to the
other Development Plan Approval(s) shall be extended by the actual period of
time that any of the events described in Section 9.3 exist and/or prevent
performance of such obligations. Notwithstanding anything to the contrary herein,
the performance by CITY of its obligations shall not be delayed or extended by
the action or inaction of the CITY.
9.5 Notice of Delay. OWNER shall give prompt notice to the CiTY of
any delay which OWNER anticipates or believes to have occurred as a result of
the occurrence of any of the events described in Sections 9.3 or 9.4. 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 ten (10) days before the end of the Term (unless the
cause of the delay arises during that time), whichever comes first.
10. Notices. All notices required or provided for under this Agreement shall
be in wdting and delivered in person, sent by certified mail, postage prepaid,
return receipt requested or by Federal Express or other similar nationwide
overnight delivery service. Notices required to be given to the CITY shall be
addressed as follows:
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
Attention: Planning Director
With a copy to:
Richards, Watson & Gershon
Thirty-Eighth Floor
333 South Hope Street
Los Angeles, CA 90071-1469
Attention: Peter M. Thorson, City Attorney
Notices required to be given to OWNER shall be addressed as follows:
Ashby USA, LLC
USA Properties
470 E. Harrison Street
Corona, CA 92879
Attention: Richard Ashby
With a copy to:
Cox, Castle & Nicholson, LLP
713471.1 11/19/2002 30
19800 MacArlhur Boulevard, Suite 600
Irvine, CA 92612-2435
Attn: Deborah Rosenthal, Esq.
Any notice given as required by Section 10 shall be deemed given only if in
writing and upon delivery as provided for in this Section 10. A party may change
its address for notices by giving notice in writing to the other party as required by
this Section 10 and thereafter notices shall be addressed and transmitted to the
new address.
11. Attorneys' Fees. If legal action is brought by any party against another
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 8.4 above as an ilem of damage and/or
recoverable costs.
12. Recordin,q. This Agreement and any amendment or cancellation hereto
shall be recorded, at no cost to the CITY, in the Official Records of Riverside
County by the City Clerk within the period required by Section 65868.5 of the
Government Code.
13. Effect of Aqreement on Title.
13.1 Effect on Title. OWNER and the CITY agree that this Agreement
shall not continue as an encumbrance against any portion of the Property as to
which this Agreement has terminated or released.
13.2 Encumbrances and Lenders' Riqhts. The mortgagee of a
mortgage or beneficiary of a deed of trust encumbering the Property, or any part
thereof, and their successors and assigns shall, upon written request to CITY, be
entitled to receive from CITY written notification of any default by OWNER of the
performance of OWNER's obligations under the Agreement which has not been
cured within the timeframe established in Section 8.1 hereof.
13.2.1 Notwithstanding OWNER's default, this
Agreement shall not be terminated by CITY as to any mortgagee or beneficiary to
whom notice is to be given and to which either or the following is true:
(i) the mortgagee or beneficiary cures any default
by OWNER involving the payment of money within ninety (90) days after receipt
from CITY of the written notice of default;
(ii) as to defaults requiring title or possession of
the Property or any portion thereof to effectuate a cure: (i) the
713471.1 11/19/2002 31
mortgagee/beneficiary agrees in writing, within ninety (90) days after receipt from
CiTY of the written notice of default, to perform the preportionate share of
OWNER's obligations under this Agreement allocable to that part of the Preperty
in which the mortgagee/beneficiary has an interest conditioned upon such
mortgagee's/beneficiary's acquisition of the Preperty or portion thereof by
foreclosure (including a trustee sale) or by a deed in lieu of foreclosure; (ii) the
mortgagee/beneficiary commences foreclosure proceedings to reacquire title to
the Property or applicable portion thereof within said ninety (90) days and
thereafter diligently pursues such foreclosure to completion, and (iii) the
mortgagee/beneficiary promptly and diligently commences to cure such Default
after obtaining title or possession.
13.2.2 Notwithstanding Section 13.2.1 of this Agreement, if
any mortgagee/beneficiary is prehibited from commencing or presecuting
foreclosure or other appropriate preceedings including by any process of
injunction issued by any court or by reason of any action by any court having
jurisdiction of any bankruptcy or insolvency proceeding involving OWNER, the
times specified in Section 13.2.1 of this Agreement for commencing or
prosecuting foreclosure or other proceedings shall be extended for the period of
the prohibition.
13.2.3 Neither entering into this Agreement nor a breach of
this Agreement shall defeat, render invalid, diminish or impair the lien of any
existing or future mortgage or deed of trust on the Property made in good faith
and for value.
14. Severablllty of Terms. If any term, prevision, covenant or condition of
this Agreement shall be determined invalid, void or unenfomeable, 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 Agreement
as a whole. If the tribunal finds that the invalidity was a material part of the
consideration, this Agreement will terminate unless CITY and OWNER agree to
amend this Agreement as provided for herein. Upon a termination arising from
the application of this Section 14, each Party agrees the Specific Plan shall
suspend as to all unpermitted development activity pending the CITY's
determination regarding repeal or modification of the same.
15. Subsequent Amendment to Authorizin.q Statute. This Agreement has
been entered into in reliance upon the previsions of the Development Agreement
Legislation in effect as of the Agreement Date. Accordingly, subject to
Seclion 3.2.2 above, to the extent that subsequent amendments to the
Government Code would affect the previsions of this Agreement, such
amendments shall not be applicable to this Agreement unless necessary for this
Agreement to be enfomeable or required by law or unless this Agreement is
modified pursuant to the provisions set forth in this Agreement..
16. Rules of Construction and Miscellaneous Terms.
713471.1 11/19/2002 32
16.1 Interpretation and Governln,q 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 or any decision
arising from the Agreement, directly or indirectly.
16.2 Section Headln.qs. All section headings and subheadings are
inserted for convenience only and shall not affect any construction or
interpretation of this Agreement.
16.3 Gender. The singular includes the plural; the masculine gender
includes the feminine; "shall" is mandatory, "may" is permissive.
16.4 No Joint and Several Liability. No breach hereof by OWNER or
Development Transferee shall constitute a breach by lhe non breaching party.
Any remedy, obligation, or liability, including but not limited to the obligations to
defend and indemnify the CITY, arising by reason of such breach shall be
applicable solely to the party that committed the breach. However, the CITY
shall send a copy of any notice of violation to all OWNERS and Development
Transferee, including those not in breach.
16.5 Covenant of Good Faith and Fair Dealing. No party shall do
anything which shall have the intentional effect of harming or injuring the right of
the other parties to receive the benefits provided for in this Agreement; each
party shall refrain from doing anything intentionally which would render its
performance under this Agreement impossible; and each party shall do
everything which this Agreement contemplates that such party shall do in order
to accomplish the objectives and purposes of this Agreement.
16.6 No Waiver of Vestinq. Nothing in this Agreement shall be
construed as limiting or impairing any vested rights to proceed with the
Development or use of the Properly arising independently from entitlements,
including those approved for the Project, issued by the CITY or others prior to,
concurrently with, or subsequent to the approval of this Agreement, Federal and
State Constitutions, statutes, or decisional law.
16.7 Time of Essence. Time is of the essence regarding each provision
of this Agreement of which time is an element.
16.8 Recitals. All Recitals set forth herein are incorporated in this
Agreement as though fully set forth herein.
713471,1 11/19/2002 33
16.9 Entire Aqreement. 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.
17, Extension of Maps. In accordance with Government Code
Section 66452.6(a), any tentative map 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.
18. Not for Benefit of Third Parties. This Agreement and all provisions
hereof are for the exclusive benefit of the CITY and OWNER and its assignees
pursuant to Section 2.5 and shall not be construed to benefit or be enforceable
by any third party.
19. Attachments, The following attachments are hereby incorporated by
reference as if fully set out in the body of this Agreement.
Attachments
Description
2.
3,
4.
5.
6.
Legal Description of the Property
Plat of Ihe Property Described in Attachment 1
Zoning District Development Standards
Existing Regulations
Off-Site Improvements
Selected On-Site Improvements
20. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year dated below.
Dated:. ,2002
"CITY"
CITY OF TEMECULA, a
municipal corporation
By:
Name:
Title: Mayor
A']-I'EST:
71347t.t 11/19/2002 34
City Clerk
APPROVED AS TO FORM:
City Attorney
Dated: ,2002
"OWNER"
,a
By:.
Name:
Title:
State of California )
) ss
County of Riverside )
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(les), 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 inslrument.
Witness my hand and official seal.
Signature of Notary
State of California )
) ss
County of Riverside )
713471.1 11/19/2002 35
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(les), and that
by his/her/their signature(s) on the instrument lhe 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
713471.1 11/19/2002 36
ATTACHMENT "1"
(Legal Description of the Property)
713471.1 11/19/2002 37
ORD.' NO. R-192289-4
THE LA~ Ra~ED TO IN THIS P,~RT IS SI'ITIAI~3 IN THE STATE OF CALIFORNIA,
~ OF ~IDE ~ IS DES(~T~k'~ AS FOLLOWS:
PARC~. A:
THAT FORTIC~ OF THE NORTH HALF OF SECTION 20, TOWNSHIP 7 SOUI~, RANGE 2 WEST, SAN
BSP/qARDISD BASE AI~ MER/DIAN, SHOWN AS "NOT A PART" ON PAROEI, MAP ON FILE
BOOK 1, PAGE 44 OF PARC~. MAPS, REODRDS OF R/VERSIDE (I/ArfY, CALIFORNIA,
DESCPT~k-D AS FOLLOWS:
B~II~ AT A FOI1Ff ON THE EAST LINE OF SAID "NOT A PART" SOUTH 0~ 33' 55" WEST,
974.13 ~'".'".'l' FRCM THE NDR'Fr/EAST O2~ TH~R~0F; TH~CE NORTH 89° 26' 05" WEST,
771.64 ~'.:.:l' p/~T,T.R"L WI'~{ 'I~ S(~ L]11E OF SA]I) "NOT A PART" TO A FOI1Ff ON THE
EAST LINE OF THE ~'*~FOLITAN WAT~ DISTRICT RIGHT-OF-~AY SOUTH 12° 32' 02" WEST
1004.04 k'w.~,'l' FRCM THE NORT~ COR/~ER OF SA/I) "NOT A PART"; TH~ SC~ 12° 32'
02" WEST, 278.15 ~'~:~r CN SAID EAST ~4EII<OPOLI~ 14kl~i~ DIb~I~-ICT LINE; q/~ SO~
89° 26' 05" EAST, 829.32 ~.~l. pAp~I,rRL WITH SA/D SOUTH L]/~E TO A FO//Ff C~ THE
EAST L]i~E OF SAID "NOT A PART" SOUTH 0° 33' 55" WEST, 1246.24 ~'".'".'l' FRC~ SAID
NOIrU6EAST (DRNER; TH~ I~ 0° 33' 55" EAST, 272.11 ~'.:~,'r ON SAID EAST LIllE TO
%~HE POINT OF B~GINN~k~.
PARC~. B:
THAT PORTION OF THAT PORTION OF THE EAST HALF OF SECTION 20, TOgA~SHIP 7 SOUF6,
~ 2 WEST, SAN B~]I~D BASE Ai~ MER/DIAN, ACODRDING TO THE OFFICIAL PLAT
THER~F, S~ AS ',NOT A PART" AS PER MAP P,~ED IN BOOK 1, PA~ 44, 45 AI~ 46
OF PARCEL MAPS, ~ THE OFFICE OF TH~ O~ RECORDER OF SAID C~, DESC~ AS
FOLLCN$:
B~II~ AT A FOINT ON THE EAST LI~ OF SAID "NOT A PART" SOUTH 0° 33' 55" WEST,
1,246.24 ~'~'1' FRCM THE NORTHEAb-i~(LY O0RN~ OF SAID "NOT A PART"; THENCE
C~ S(~ 0° 33' 55" WEST AL~ SAID EA~i~m~LY LINE 375.50 ~'~l' TO A 10IN-E;
~ NC~TH 89~ 26' 05" WEST 904 ~'..'.:r, ~DRE OR
LINE OF IASD ~ TO THE ~0POLi~/~N kma~u~ DI~IKICT OF SOUI'6ERN CALIFORNIA
BY D.:.~ RECORD~) APRIL 24, 1968, AS IN~ll{L~ NO. 37774, OFFICIAL RECORDS, SAID
REALTY BY D.:.:~ RECORDED 0CIOB~R 21, 1971, AS II~STR~ NO. 120094, OFFICIAL
R.~RDS; '1~ ALC~ SAID EAb-i~LY LINE NOI~ 12° 32' 02" EAST (P~SD NORTH
12° 34' 14" EAST) 383.24 ~'~r TO A POINT THAT IS SOUIH 12o 32' 02" WEST (OF
REO~RD SC~ 12° 34' 14" WEST) 1,282.19 ~'~1' FR~ 'i/qE NOi~ CORN~ OF SAID
"NOT A PART"; ~ SOUTH 89° 26' 05" EAST 829.32 ~'~m~l', MgRE OR LF. qS, TO THE
POE~T OF
PARC~-~, C:
THAT P0RTIC~ OF THAT C~KULIN pARO~r. OF LAND DEL]/qE~±~D ASD DESI(~ZuTED "NOT A
PART" ON A MAP FIr.k'~ IN BOOK 1, PAGE 44 OF PARC~, MAPS, IN THE OFFICE OF THE
P, SEDRDER OF RIVERSIDE ~ BEING A PORTION OF THE FAST HALF OF SECTION 20,
TOWNSHIP 7 SOUTH, ~ 2 WEST, SAN BERNARDINO BASE AI~ MERIDIAN, DESCRI~ AS
(Ii~r~NU~D
ORD~RN0. R-192289-4
C~ AT T~E NORTHEAST CORNER OF THE SOUIH HALF OF THE NORTH IU~LF OF SA~D
SEci';flq 20 AS ~ CN PARCEL MAP IN BOOK 1, PAGE 44; ~ AL~ THE EAST L]/~E
OF SAID SECTIC/q S(X/FH 0° 33' 55" WEST, 1,621.74 ~'.:.:1' TO THE TRUE POINT OF
B~IAI~iAI~; TH~CE O~ SOUTH 0° 33' 55" WEST, 98.5 ~'~.'~.'l'; TH~IgC~ NORTH 89°
26' 05" WEST 928 ~2~r, MORE OR LESS, TO THE EAb-±~iLY LINE OF LAND (/1NVEYED TO THE
~4~lKOPO~ ~A~k DISTRICT OF ~ CALIFORNIA BY DE~D REODRD~D APRIL 24,
1968, AS INb'lKt~gT NO. 37774, OF OFFICIAL REfI)P/~; TH~X2E ALONG SAID EAb~I~/{LY
LINE NOR'IH 12° 32' 02" EAST, (REOORD~D NOR'i~{ 12° 34~ 14" EAST) 100 ~'~:".'f, MORE C/~
T,W. qS, TO ~ INI~HS~g~I'IC~q C/~ A LINE BEAP/NS NORTH 89° 26' 05" WEST FRCM THE TRUE
POIArf OF B~3Ii~qIN~; ~ SOUTH 890 26' 05" EAST 904 ~'~:,.'r, MORE OR T.F. qS, TO THE
TRUE POINT OF BEgINNINg.
PA~. D:
THE NOK'i/4 HALF OF ~ NORTH ~ OF SECTIC/q 20, TOWNS}tIP 7 SOUTH, RANGE 2 WEST,
SAN BERNARDINO BASE A~ ~R_IDIAN, THE CITY OF T~, (~ OF P~IDE,
STATE OF CALIFORNIA, ACCORDIN~ TO THE OFFICIAL PLAT THEP, EOF.
A STRIP OF LASI) 70 ~'~m~i' W~DE IN THE NORTH HALF OF THE NOR~/~I ~ALF OF SECTION 20,
TC~P 7 SOUTH, ~ 2 WEST, SAN BERNARDIN0 BASE A~D ~RIDIAN, AOiDRDIN~ TO
UNl'i~ STA~ (~ SURVEY APP~ ~'~UARY 18, 1860, SA2I) STRIP OF LAI~D 70
F~'r WIDE LYING 17.5 ~'~-'~-'l' SiXtY /~ 52.5 ~'~J~.' NOR'~"I~I~LY, ~ AT
PI(HiT ANCO.W-q, FRCM THE FOI//IWING DESCRIBED SURVEY LII~:
BE~II~ A~ A PO]]qT C/q THE NORTH LINE OF ~ S~ 20 DI~ ~ ~
88° 36' 09" ~, 211.47 ~r ~ ~ ~ ~ OF ~ S~ 20, ~
~ ~ ~ A ~ ~ IS p~l.L~. ~ ~ 17.5 W~l' ~'1~Y,
~ AT ~ ~, ~ ~ ~'l~Y ~ OF ~ P~ ~,
50 ~'f ~E, ~ ~ ~ ~1~O~ ~ DIHI~IC OF ~ ~~
~ D~ ~ ~ 7, 1960, ~ ~K 2649, P~ 317, OF O~IC~ ~,
~E ~ ~; ~ ~l'~ ~ A ~ P~r.r.~. WI'~H ~ 17.5
~ ~~ ~ ~ ~DI~: ~ 20° 14' 43" ~,
664.24 ~'r; ~ 12° 34' 14" ~, 703.83 ~'~1' ~ A ~ ~ ~ ~ ~ OF
~~OF~~ OF S~20 DI~~~ 830 35' 26"
~, 581.31 ~'r ~ ~ ~ ~ OF ~ ~ ~ ~ OF ~ ~
~ OF S~'~ 20. ~ S~E L~ OF ~D~ 70 ~E ~POF
~ ~ BE ~O~ OR ~ ~ ~ ~ T~ ~Y ~ ~Y
~ ~ ~ ~ ~ L~, ~rl~Y, OF ~ ~ ~ ~ OF ~ ~
~ OF ~ S~l~ 20.
PAR~ E:
SECTION 21, TOWNSHIP 7 SOUI~, RANGE 2 WEST, SAN BERNA~DINO BASE ~ ~/i~IDIA~;, IN
THE C1'~I{ OF T~l~SXJ3iA, ~ OF R/VERSEDE, SqI~TE OF CALIFORIqIA, ACfDRDIAI~ TO THE
OFFI~ PLAT THEREOF.
ATTACHMENT "2"
(Plat of the Property Described In Attachment 1)
713471.1 11/19/2002 38
ATI'ACHMENT "3"
(Zoning District Development Standards)
713471.1 11/19/2002 39
SPECIFIC PLAN ZONING ORDINANCE
5.1
PURPOSE ANDINTENT
The zoning for the Specific Plan area is Specific Plan Overlay. This section of the Specific Plan
establishes zoning districts and land use regulations and standards that will control land use and
development in the land uses identified for the Specific Plan area. These regulations amend and
supersede the regulations of the Temecula Development Code. Where standards and regulations
are not specified in this Specific Plan, the requirements of the Temecula Development Code shall
provide the regulatory authority. This section also identities the procedures to be used to review site
plans for development projects proposed within the Specific Plan area. Special standards for
residential development are also included here. The Site Planning and Amhitactural Design
Guidelines in Section 4.0 are intended to be used in conjunction with the zoning and development
standards stated here.
The following standards will serve as the primary mechanism for implementation of the land uses for
the Roripaugh Ranch Specific Plan. These regulations provide an appropriate amount of flexibility to
anticipate future needs end to achieve compatibility between land uses. Principal land uses for the
Specific Plan shall be as follows:
Residential Land Uses:
· Low Density (L) Single-Family Detached: (PA 10, 19, 20, 21,33A and 33B)
· Low Medium (LM) Density Single-Family Detached: (PA 1A-4B, 16 - 18)
· Medium (M1) Density Single-Family Detached: (PA 23 and 24)
· Medium (M2) Density Single-Family Detached and Attached clustered: (PA 12, 14, 15, 22
and 31)
2. Commemial:
· Neighborhood Commemial: (PA 11)
Parks and Open Space:
· Private Recreation Centers {PA 5, 30)
· Private Mini-Park (PA lB)
· Parks (PA 6, 27)
· Open Space
· Habitat (OS1): (PA 8, 9A, 9B, and 13)
· Flood Control (OS2): (PA 7B, 7C, 25, 26, and portions of 14 and 27)
· Landscape Slope (OS3): (PA 7A and portion of 6)
4. Elementary and Middle School: (PA: 28 and 29)
5. Fire Station: (PA 32)
RodFmu~h Ranch Specific Plan 5-1
C:tDOCUMENTS AND S ETTIN G S~IAASE HS~LOCAL SETTINGS\TEM P~PSECT5CC DOCUMENT. DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.2
GENERAL PROVISIONS
This section of the development regulations states the general rules that must be observed by all
development projects in order to protect the public health, safety and welfare. These regulations
apply to all planning areas within the Roripaugh Ranch Specific Plan, unless otherwise specified.
1. Roripaugh Ranch Site Planning and Architectural Design Guidelines
All development within the Roripaugh Ranch Specific Plan area is subject to the policy
provisions of the Site Planning (Section 4.0) and Architectural Design Guidelines (Section 4.0)
adopted by ordinance of the Temecula City Council. The Design Guidelines in conjunction with
the devalopment standards contained in this Specific Plan and those o! the Temecula
Development Code shall regulale development within the Specific Plan area. The Design
Guidelines will be administered through the City of Temecula Planning Department. All
development within the Roripaugh Ranch Specific Plan area shall be subject to the Development
Standards in this section of the Specific Plan.
2. Code Compliance
All construction and development within the Roripaugh Ranch Specific Plan area shall comply
with applicable provisions of the Specific Plan, the Uniform Building Cede and the various
related mechanical, electrical, plumbing and fire cedes, water ordinance, grading and excavation
codes and subdivision cedes, in effect in the City of Temecula at the time grading/building
permits are obtained.
3. Setback Requirements
The setback requirements are as specified within the standards identified in the plan for each
zoning district. If not otherwise specified, all setbacks shall be determined as the perpendicular
distance from the existing or planned street right-of-way line or property line, to the foundation
point of the closest structure.
4. Exceptions
If specific development standards have not been established or if an issue, condition or situation
arises or occurs that is not clearly understandable in the Specific Plan, then those regulations
and standards of the City of Temecula Development Cede that are applicable for the most
similar use, condition or situation shall apply as determined by the Community Development
Director.
Enforcement
Enforcement of the provisions herein shall be in the manner specified in the Temecula Municipal
Cede for zoning enforcement.
6. Unspecified Uses
Whenever a use has not specifically been listed as being a permitted use in a particular zone
classification within the Specific Plan, it shall be the duty of the Planning Director to determine if
said use is: (1) consistent with the intent of the zone; and (2) compatible with other listed
permitted uses. Any person aggrieved by the decision may appeal to the Planning Commission.
Rodpau~h Ranch Specific Plan 5-2
C:!DOCUMENTS AND $ ETTI N G S'~NAASEH S~LOCAL SETTING S~TEMF~SPSECTSCCDOCUMENT.DOC November, 2002
SPECIFIC PI.AN ZONING ORDINANCE
5.3
RESIDENTIAL DEVELOPMENT STANDARDS
The Roripaugh Ranch Specific Plan provides a mix of diverse housing products, including five
different housing types that fall within three of the City's General Plan residential designations:
Temecula General Plan
Specific Plan Desl¢lnatlon Residential Desl.qnation
L (20,000 sq. ft.)
Single-Family (1-2 du/ac)
LM (5,000 and 6,000)
Single-Family (2-5 du/ac)
(Min. 5,000 sf lot size)
M1 and M2 (4,000 and NA)
Single-Family (7-12 du/ac)
Min. (standard) 4,000 sf lot size
Min. (clustered) 3,000 sf lot size lot detached
Low Density Residential
Single-Family (.5-2 du/ac)
Low Medium Density Residential
Single-Family (3-6 du/ac)
Medium Density Residential
Single-Family (7-12 du/ac)
Rodpau~jh Ranch Spedflc Plan 5-3
C:*~DOCUMENTS AND S ETrlN GSU'~AAS EH S~OCAL SET] iNGS\TEMP~ PSECT5CCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.3.1 DESCRIPTION OF RESIDENTIAL DISTRICTS
LOW DENSITY RESIDENTIAL (L) - PLANNING AREAS NOS. 10, 19, 20, 21, 33A AND 33B
The Low Density Residential (L) zoning district is intended to provide for the development of single-
family detached homes on large lots with a unique character of development. Typical let sizes in the L
zoning district will be a minimum of 20,000 square feet with 1 acre minimum lots along the exterior
perimeter of Planning Areas 19, 20, 21, and 33A. Private equestrian use will only be allowed on lots
one acre or larger adjacent to the multi-use trail in Planning Areas 19, 20, 21. Planning Area 33B
shall not be developed as a part of Roripaugh Ranch. This planning area shall eventually be
combined with the adjacent residential areas to the north.
LOW MEDIUM DENSITY (LM) - PLANNING AREAS NOS. lA, 2, 3, 4A, 4B, 16, 17and 18
The Low Medium (LM) zoning district is intended to provide for the development of single-family
homes on lots of 5,000 square feet to 6,000 square feet, Planning Areas 1,2, 3, 4A, 4B, and 16 shall
have a minimum lot size of 5,000 sq, It. Planning Areas 17 and 18 shall have a minimum lot size of
6,000 sq. ft.
MEDIUM DENSITY - STANDARD (M1) - PLANNING AREAS NOS. 23 AND 24
The Medium (M) zoning district is intended to provide for the development of single-family homes on
lots 4,000 minimum square feet.
MEDIUM DENSITY - CLUSTERED (M2) - PLANNING AREAS NOS. 12, 14, 15, 22 AND 31
The Medium (M) zoning district is intended to provide for the development of clustered single-family
development on minimum lot sizes of 3,000 sq. ff.
Rodpaugh Ranch Specilic Plan 5-4
C:'~DOCUM ENTS AND S ETTINGS~IAASEHS~OCAL SET'RNG S'~TEMP~SPSECT5CCDOCUMENT,DOC November. 2002
SPECIFIC PLAN ZONING ORDINANCE
5.3.2 USE REGULATIONS
The list of land uses in the following table shall be permitted in one or more of the residential zoning
districts as indicated in the columns corresponding to each residential zoning 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. Where indicated with a letter "C", the use shall be conditionally permilted subject to
approval of a conditional use permit.
Table 5.1
Schedule of Permitted Uses - Residential Distrl=ts
Description of Use IL I LM M1 I M2
Single-family detached P P P
Single-family attached P
Single-family zero lot line P P
Single.family attached greater than two units
Multiple family
Manufactured homes P P P P
Mobilehome park
Facilities for the mentally disordere<], handicapped, or dependent or P P P P
neglected children (six or fewer)
Facilities for the mentally disordered, handicapped, or dependent or
neglected chltdmn (seven to twelve)
Alcoholism or drug abuse recovery or treatment facility (six or fewer) P P P P
Alcoholism or drug abuse recovery or treatment facility (seven or more)
Residential care facilities for the eldedy (six or fewer) P P P P
Residential cam facilities for the elderty (seven or more)
Congregate care residential facilities for the eldedy
Boarding, rooming and lodging lacilities
Secondary dwelling units as delined by City Development Code P P
Granny Fiat P P
Family day care hemes-small (four or fewer) P P P P
Family day care homes-large~ C C
Day care centers C C
Bed and breakfast establishments
Emergency shelters
Transitional housing
Nonresidential
Roripaugh Ranch Spaniflc Plan 5-5
C:~DOCUMENTS AND S ETTIN GS'~NAAS EHS~.OC AL SETTtNG$\TEMP~SPSECTSCCDOCU MENT. DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Description of Use I L ILM M11 M2
Agricultural/open space uses
Religious institutionss C C C C
Utility facilities C C C C
Educational institutions
Public libraries
Public museurcs and art galleries (not for profit)
Kennels and cattedes
Non commercial keeping of horses P4
Temporary real estate tract offices P P P P
Recreational Vehicle Storage Yards
Parking for commercial uses
Nonprofit clubs and lodge halls
Convalescent facilities
Golf Courses
Home occupations P P P P
Construction Trailers3 P P P P
1. A CUP processed for large family day care homes is subject to Hearih and Safety Code Section 1597,46(a)(3). In
accordance therewith, notice of the application being filed shall be mailed lo surrounding property owners within one
hundred feet only and the notice shall indicate thai unless a request for a hearing is roada by such sunx)unding property
owner or other "affected person", the CUP will issue within twenty days of the notice, ff a hearing is requested, the
planning deda~lnnenl shall schedule such hearing within thirty days of the request and the hearing shall be held within
thirty days o! being scheduled.
2. Allowed only within a single-family residence.
3. The Planning Director shall have the discretion to waive submittal of an Administral[ve Development Plan if it is
determined that the construction Irailer will not have an adverse impact on edjacant reeldencas or businesses.
4. The keeping of homes shell only he permitted in Planning Areas 19, 20 and 21 on lots abutting the ro[Jfii-use trail. No
more than two (2] horses and one (1) offspting up to six (6) months of age may be kept on each one acre lot. All homes
shall be kept in a slal[/corsl (12' x 12' ter each horse) located a mlnimuro distance of r~y (50) feet from neighboring
dwellings, ten (10) feet from the main dwelling on the lot and ten (10) feet from the side or rear property line.
5. Religious Institutions 8hail not be p~rrnitted in Planning Area. s lA, 2, 3, 4A ~[nd 4B
Roripaugh Ranc~ Specific Plan 5-6
C:~DOCUM ENTS AND S E'CI'~NGS'~'~,A$ E H S~LOCAL S ETTINGS\TEMP~SPSECT5CCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.3.3 DEVELOPMENT STANDARDS
In the Low (L), Low Medium (LM) and Medium (M) Zones are as follows:
Table 5-2
Development Standards - Residential Districts
Residential Development L LM LM M1 M2
Standards 20,000 5,000 6,000 4,000
(Minimum Lot Size In Feet)
Planning Area 10, 19, 20, lA, 2, 3, 17 and 18 23 and 24 12, 14, 15, 22
21, 33A 4A, 4B end 31
and 33B and 16
Minimum gross lot area 20,000 5,000 6,000 4,000 3,000
(square feet) 1 acre'
-* Lots in PA 19, 20 and
21 that abut eastern ~nd
southern properly
boundary shall be a
minimum of I acre.
Thidy (30) foot fuel
modification zone shall not
be included in lot area.
Dwelling unils per net acre 1.2 da/ac 5.2 du/ac 4.0 du/ac 6.1 du/ac 10.1 du/ac
Minimum lot frontage at 30 ft, 25 ft. 25 ft. 25 ft. NA
front property line
Minimum lot frontage for a 25 ft. 20 ft. 20 ff. 20 ft. NA
flag lot at front property line
Minimum width at required 50 ft. 40 ft. 40 ft. 40 ft, NA
front yard setback area
Minimum lot width 60 ft.* 40 ft. 40 ft. 40 ff. 40 fl.
* For both 20,000 sq. ft. lots
and 1 acre lots shall be
substantially the same.
Minimum lot deplh go ft. 80 ft, 80 ft. 80 ft. NA
Minimum front yard setback 25 ft. 10 ft 10 ft. 10 ft. 10 ft.
- Front entr~ garages 18 It. 18 ft. 18 fl, 18 ft. 18 ft.
- Side entry garages 10 lt. 10 ft. 10 lt. 10 ft. 10 lt,
- Lots abutting Mun'ieta
Hot Springs between
Pourroy Rd. and the M~ND
easement may be reduced
by three (3) feet.
Minimum comer side yard 15 lt. 10 lt. 10 ff. 10 rt. 10 ft.
setback
Setbacks for lots abutting
Murrieta Hot Springs
between Pourroy Rd. and
the MWD easement may be
reduced by three (3) feet.
'Minimum interior side yard 10 ft. 5 ft. 5 ft. 5 ft. 5 it.
setback
Roril~au~h Ranch Specific Plan 5-7
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SPECIFIC PLAN ZONING ORDINANCE
Table 5-2
Development Standards - Residential Districts
Residential Development L LM LM M (Standard) M
Standards 20,000 5,000 6,000 4,000 (Clustered)
(Minimum Lot 61~e in Feet)
Minimum rear yard setback 20lt. 20lt. 2Oft. 15lt. 15ft.
- Setbacks for lots abutting 25 It.
Planning Area 7A along the
southern property line shall
have a 25' minimum rear
yard setback.
- Lots abutting
Multi-use trail in 50 ff.
PA 19, 20 and 21,
- Setbacks for lots abutting
Murrieta Hot Springs
between Pourroy Rd. and
the MWD easement may be
reduced by staff by three (3)
feet.
Planning Area 10, 19, 20, 1, 2, 3, 17 and 18 23 and 24 12, 14, 15, 22
21, 33A 4A, 4B and 31
and 33B and 16
Maximum height 2 2 stories, 2 2 2 ½ 2 ½ 2 V~
35 feet stories, 35 stories, 35 stories, 35 stories, 35
feet feet feet feet
Maximum percentage of lot 50% 60% 60% 60% 60%
coverage
Minimum Garage Size 20' x 20' 20' x 20' 20' x 20' 20' x 20' 20' x 20'
(~tedor space)
° Fireplaces may project not mere than two (2) feet into the side yard setback provided the width of the fireplace does not
exceed eight (8) feet in width.
Rodpaugh Ranch Specific Plan 5-8
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SPECIFIC PLAN ZONING ORDINANCE
5.4
5.4.1
NEIGHBORHOOD COMMERCIAL (PLANNING AREA 11)
DESCRIPTION OF NEIGHBORHOOD COMMERCIAL
Neighborhood Commercial (Planning Ama No. t 1), will include a variety of different types of land uses. Uses
within this planning area include smaller-scale business activities which generally provide retail and/or
convenience services for msidants within Roripaugh Ranch. The following am site planning guidelines relating
to Planning Ama No. 11,
5.4.2 USE REGULATIONS
The list of land uses in the following table shall be permitted in the neighborhood commemial zoning dislrict.
Where indicated with a letter "P", the use shall be a permitted use. Where indicated with a "-", the use is
prohibited within the zone. Where indicated with a letter"C", the use shall be conditionally permitted subject to
approval of a condilional use permit.
Table 5-3
Schedule of Permitted Uses - Neighborhood Commercial Center (PA-11)
Description of Usa I
NC
A
Adult business subject ta Chapter 5.08 of the Temecu]a Municipal Code
Aerobics/dance/gymnastic~azzemise/martial arts studios (less than 5,000 sq. ft. P
Aerobics/dancelgymnastic~azzeroise/martial arts studios (greater than 5,000 sq. It. P
AIcohollsrc or drug treatment facilities
Alcohol and drug treatment (outpatient)
Alcoholic beverage sales C
Ambulance services
Animal hospital/shelter
Antique restoration
Antique sales (Less than 5,000 sq. ft.} P
Apparel and accesso~ shops P
Appliance sales and repairs (household and small appliances) P
Arcades (pinball and video games)
Art supply stores P
Auction houses
Auditoriums and conference facilities C
Automobile dealers (new and used)
Automobile salss (brokerage)- showroom only (new and used)-no outdoor display
Autorcobile repair sen/ices
Automobile rental
Rorlpaugh Ranch Specific Pla~ 5-9
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SPECIFIC PLAN ZONING ORDINANCE
Automobile painting and body shop
Automobile service stations with alcoholic sales
Automotive service stations (not selling beer and/or wine) with or without an automated P
car wash
Automobite parts-sales C
Automobile oil change/lube services with no major repair C
B
Bakery goods distribution
Bakery retail P
Bakery Wholesale
Banks and linancial institutions P
Barber and beauty shops P
Bed and breaktast
Bicycle (sales, rentaJs, services) P
Billiard parior/poolhall
Binding of books and similar publications
Blood bank P
Blueprint and duplicating and copy services P
Bookstores P
Building materials sales (with the exterior storage/sales areas greater than 50 percent
O! total sales area)
Building materials sales (with the extedor storage/sales areas greater than 50 pement
of total sales area)
Butcher shop P
C
Cabinet shop
Cabinet shops under 20,000 sq. it.- no outdoor storage
Camera shop (sales/minor repairs) P
Candy/confectionery sales P
Car wash, full service/salt se~vica
Caq)et and rug cleaning
Catedng services P
Clothing sales P
Coins, purchase and sales P
Roripaugh Ranch Specific Plan 5-10
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SPECIFIC PLAN ZONING ORDINANCE
Communications and microwave installations '
Communications equipment sales~ C
Community care facilities C
Computer sales and sewices P
Congregate care housing for the eldedy 2 C
Construction equipment sales, se~[ces or renlal
Contractor's equipment, sales, service er rental
Convenience market
Costume rentals P
Crematoriums
Cutlery P
D
Data processing equipment and systems
Day care centers P
Delicatessen P
Discounl/department store P
Distribution facility
Drug store/pharmacy P
D~y cleaners P
Dry cleaning plant
E
Emergency shelter
Equipment sales and rentals (no outdoor storage) P
Equipment sales and rentals (outdoor storage)
F
Feed and grain sales
Financial, insurance, mai estate offices P
Fire and police stations P
Floor covering sales P
Florist shop P
Food processing
Fotlunetelling, spiritualism, or similar activity P
Freight terminals
Ro~i~ugh Ranch specific Plan 5-11
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SPECIFIC PLAN ZONING ORDINANCE
Fuel storage and distribution
Funeral parlors, mortuary
Furniture sales (Less than 10,000 sq. ft.) P
Furniture transfer and storage
G
Garden supplies and equipmenl sales and service
Gas distribution, meter and control station
General memhandisa/retail stores less than 10,000 sq. ft. P
Glass and mirrors, retail sales P
Government offices P
Grocery store, retail P
Grocery store, wholesale
Gunsandfirearmsales
H
Hardware stores P
Health and exercise club P
Health food store P
Health care facility P
Heliport
Hobby supply shop P
Home and business maintenance se~lce
Hospitals
Hotels/mole!s
I
Ice cream parlor P
Impound yard
Interior decorating service P
J
Junk or salvage yard
K
Kennel
Rorlp~ugh Ranch Specific Plan 5-12
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SPECIFIC PLAN ZONING ORDINANCE
L
Laboratories. film, medical, resaamh or testing cantata
Laundromat P
Laundry service (commemial)
Libraries, museums, and galleries (private) C
Liquid petroleum, sales and distribution
Uquor stores C
Lithographic service
Locksmith P
M
Machine shop
Machinery storage yard
Mail order business
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 nor
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, end warehousing within enclosed building, freight
handling, shipping, truck services and terminals, storage and wholesaling from the
premises of unrefined, raw or semi-refined products requiring further processing and
manufacturing, and outside storage.
P
Uses under 20,000 sq. It. with no outside storage
Massage 3 p
Medical equipment sales/rental P
Membership clubs, organizations, lodges C
Mini-storage or mini-warehouse facilities
Mobilehome sales and services
Motion picture studio
Motorcycle sales and service
Movie theaters C
Musical end recording studio
N
Nightclubs~avems/bars/dance club/teen club
Roripe, ugh Ranch Specific Plan 5-13
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SPECIFIC PLAN ZONING ORDINANCE
Nurseries (retail)
Nursing homes/convalescent homes C
0
Office equipment supplies, sales/services P
Offices, administrative or corporate headquarters with greater than 50,000 sq. ft,
P
Offices, professional services with less than 50,000 sq. ft., but not limited to, business
law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate,
insurance
P
Painl and wallpaper stores P
Pamel delivery services
Parking lets and parking structures C
Pawnshop
Personal service shops p
Peat control services
Pet grooming/pet shop P
Photographic studio P
Plumbing supply yard (enclosed or unenclosed)
Postal distribution
Postal sen'ices P
Printing and publishing (newspapers, periodicals, books, etc.,)
Privale utility facilities (Regulated by the Public Utilities Commission) P
Q
Reserved
R
Radio and broadcasting studios, offices
Radio/television transmitter
Recreational vehicle parks
Recreational vehicle sales
Recreational vehicle, trailer, and boat storage within an enclosed building
Recycling collection facilities P
Roripaugh Ranch Specific Plan 5-14
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SPECIFIC PLAN ZONING ORDINANCE
Recycling pmsessing facilities
Religious institution, without a daycare or private school C
Religious institution, with a private school C
Religious institution, with a daycare C
Restaurant, drive-in/fast food C
Restaurants and other eating establishments P
Restaurants with lounge or live entertainment C
Rooming and boarding houses
S
Scale, public
Schools, business and professional C
Schools, private (kindergarten through Grade 12) C
Scientific research and development offices and laboratories
Solid waste disposal facility
Sports and recreational facilities C
Swap meet, entirely inside a permanent building
Swap meet, outdoor
Swimming pool supplies/equipment sales P
T
Tailor shop P
Taxi or limousine service
Tire sales
Tobacco shop P
Tool and die casting
Transfer, moving and storage
Transportation terminals and stations C
Truck sales/rentals/service
TV/VCR repair P
Upholste~ shop /
Roripau~h Ranch Specific Plan 5-15
November, 2002
C:U3OCUMENTS AND SETTINGS',NA~SEHS~OCAL SETTINGS~TEMI~SPSECTSCCDOCUMENT.DOC
SPECIFIC PLAN ZONING ORDINANCE
V
Vending machine sales and services
W
Warehousing/distribution
Watch repair P
Wedding chapels
Welding shop
Welding supply and service (enclosed)
Y
Reserved I
Z
Reserved
t. Subject lo the provisions contained in Section 17.40 of the City ol Temenula Development Code
2. Subject to Ihe provisions contained in Section 17.06.050.H of the City of Temecula Development
3. Subject to the provisions contained in Section 5.22 of the City of Temenula Municipal Code
Roripau~h Ranch Specific Plan 5-16
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SPECIFIC PLAN ZONING ORDINANCE
5.4.3
DEVELOPMENT STANDARDS
The following standards of development shall apply in the Neighborhood Commemlah
Table 5-4
Development Standards - Neighborhood Commercial
(Commercial Uses - PA 11)
Minimum gross area for site 2 acres for common lot centers,
30,000 square feet for single lots
Target fleer area ratio .3
Maximum §ear area ratio with intensity bonus as per Section .50
17.08.050
Front yard adjacent to street:
- Buttedield Stage Road/Murrieta Hot Springs Road 20 feet; structure & parkfng
- "A" and "B" Street 20 feet, structure & parking
Yard adjacent to residentially zoned property 25 feet, structure & parking
Accessory structure side/rear yard setback 10 feet
Minimum building separation:
o One story: 10 feet
- Two stories: 15 feet
- Three stodes or more: 20 feet
Maximum building height 50 feet
Maximum percent of lot coverage 30%
Minimum required landscaped open space 20%
Fence, wall or hedge screening outdoor storage maximum height 6 feet
Minimum building setback separation:
- Two stories: 15 feet
- Three stories or more: 20 feet
Rodp;[u~h Ranch specific Plan 5-17
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SPECIFIC PLAN ZONING ORDINANCE
5.5 PARKS AND OPEN SPACE (Planning Areas Nos. lB, 5, 6, 7A, 7B, 7C, 8, 9A, 9S, 13, 27, 25, 26 and 30)
5.5.1 DESCRIPTION OF PARKS AND OPEN SPACE
Parks (P) and Open Space (OS) zoning distdct is intended to promote a wide range of public and private
recreational uses in the community. These uses include community facilities, golf courses, health clubs, public
parks and recreation areas, sports parks, or other outdoor athletic facilities and similar outdoor commercial
recreational uses.
5.5.2 USE REGULATIONS
The Iisi of land uses in the following table shall be permitted in one or more of the park and open space zoning
distdct as indicated in the columns corresponding to each zoning district. Where indicated with a letter "P", the
use shall be a perm;fled use. Where indicated with a "-", the use is prohibited within the zone. Where indicated
with a letter "C', the use shall be conditionally permitted subject to approval of a conditional use permit.
Table 5-$
Schedule of Permitted Uses - Parka and Recreational Uses
p P OS~ OS= OSz
Schedule of Uses (Private) (Public)
lB, 5 6 and 27 8, 9A, 7B, 7C, Portions
Planning Area and 30
9B, and 25 and of 6 and
13, 26 7A
Agricultural Uses
Athletic Field P P
Bicycle paths P P P P
Campground
Caretakers quarters
Cemeteries, mausoleums and related uses
Game courts, badminton, tennis, racquetball P P
Golf driving range not part of a golf course
G01f course and cluhh0uso
P P
Government and public utility facilities C C P P
Gymnasium p p
Microwave antenna/towert
Nature centers/exhibits
Nursedea
P P
Group Picnic Facilities
Private parks and recreation facilities p p p p
Parking areas P P
RoriF~au[~h Ranc/n Specific plan 5-18
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SPECIFIC PLAN ZONING ORDINANCE
Public parks and recreational facilities P P P P
Recreational vehicle park
Riding stable, public or private
Shooting galleries, ranges, amhe~y courses
Single-family dwellings
Tree Farms
1. See Zoning Appendix of Development Code 17.40 for antenna information.
Roripau~jh Ranch Specific Plan 5-19
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SPECIFIC PLAN ZONING ORDINANCE
5.5.3 DEVELOPMENT STANDARDS
In the Parks and Open Space districts development standards ara as follows:
Table 5-6
Development Standards - Parks and Open Space Standards
Development Standards I P
OS
Planning Area 1 B, 5, 6, 27 and 7A, 7B, 7C, 8,
31 9A, 9B, 13, 25
and 26
Minimum lot size 10,000 sq. ft.
Maximum Iol coverage 25%
Maximum height 35 feet~
Floor araa ratio .1
Setback Irom parking structure 25 feet
Setback from parking structure 25 feet
Minimum open apace/landscaping 75% 100%
1. Excludes light poles and communication facilities.
Rori~augh Ranch Specific Plan S-20
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SPECIFIC PLAN ZONING ORDINANCE
5.6 PUBLIC/INSTITUTIONAL DISTRICTS (PLANNING AREAS 28 AND 29)
5.6.1 DESCRIPTION OF SCHOOL DISTRICT AND PUBLIC INSTITUTIONAL DISTRICT
The purpose of this district is to facilitate the construction of an Elementary School site and Middle
School site. Planning Area 28 will be developed as a Middle School site and Planning Area 30 will be
developed as an Elementary School site.
5.6.2 USE REGULATIONS
Planning Areas 28 and 29 shall only be designated to be used as a Middle School site and an Elementary
School site, respectively.
Roripaugh Ram:h $~c Plan 5-21
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SPECIFIC PLAN ZONING ORDINANCE
5.7 PUBLIC INSTn'UTIONAL (PLANNING AREA 32)
5.7.1 DESCRIPTION OF PUBIJC iNSTITUTIONAL (FIRE STATION)
The purpose of this district is to facilitate construction of pubUc and quasi-public uses in appropriate areas of lhe
city. Planning Area 31 will be developed as a fire station on a 1.5 acre site.
5,7,2 USE REGULATIONS
Planning Area 31 shall only be designated as a Fire Station,
Roripaugh Ranch Specific p~n 5-22
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SPECIFIC PLAN ZONING ORDINANCE
5.8 PARKING REQUIREMENTS
Refer to Chapter 17.24 of the City Developmenl Code for parking requirements.
Rodpau~h Ranch Specific Plsn 5-23
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ATTACHMENT "4"
(Existing Regulations)
Attachment No. 4
2.
3.
4.
4.
5.
6.
7.
8.
EXISTING REGULATIONS
City General Plan
The Development Code (Title 17 of the Temecula Municipal Code)
The Subdivision Ordinance (Title 16 of the Temecula Municipal Code)
Citywide Design Guidelines
Habitat Conservation Ordinance
Mount Palomar Lighting Ordinance
Uniform Building Code, as locally adopted
Uniform Fire Code, as locally adopted
Standard Drawings for Public Works Construction
713471.1 11/19/2002 40
A'I'rACHMENT 5
ON-SITE AND OFF-SITE IMPROVEMENTS
The following shall be used to construct the improvements included in this Attachment:
(a) All proposed road improvements shall include associated flood control, storm
drain, water, and sewer lines;
(b) All references to bridges shall mean hydro-arch bridges or other designs as
approved by the City Engineer;
(c) Full-width improvements shall consist of the complete street and landscape
improvements with the right-of-way;
(d)
Half-width improvements shall consist of the construction of the improvements
from curb to the raised landscaped median, the full-width raised landscaped
median, where applicable, and a travel lane adjacent to the median on the
unimproved half;
(e) On center improvements shall mean
a. A 38'width improvement consisting of two 14' travel lanes and a 10' turn
lane, or
b. A 40' width improvement consisting of two 14' travel lanes and a 12' turn
lane.
PHASE 1 (Planning Areas 1-4B, 6, and 32)
Onsite
Prior to issuance of the 34~ building permit, the following improvements shall be
completed:
Secondary Access - Provide secondary access for each Planning Area to
Murrieta Hot Springs Road.
Prior to issuance of the 10~h building permit or as otherwise specified in the
Development Agreement, the following improvements shall be completed:
Butterfield Stage Road - Construct half-width improvements from Murrieta Hot
Springs Road to the south project boundary at Planning Area 32, including
construction of two full-width bridges within and over Santa Gertrudis Creek and
Long Valley Wash.
713471.1 11/19/2002 41
Butterfield Stage Road - Dedicate full-width right-of-way from the northern project
boundary to Murrieta Hot Springs Road.
Murrieta Hot Springs Road - Construct full-width improvements from east of
Pourroy Road at the northern project boundary to the MiND pipeline property.
Murrieta Hot Springs Road - Construct half-width improvements from the MWD
pipeline property to Butterfield Stage Road.
Nicolas Road - Offer a dedication for a 110' right-of-way from Butterfield Stage
Road to the west project boundary.
Nicolas Road - Construct northerly half-width plus 10 feet from Butterfield Stage
Road to the western project boundary.
South Loop Road - Construct southerly half-width in front of fire station (Planning
Area 32).
Pdor to issuance of the 40~h building permit, the following improvements shall be
completed:
"A' Street - Construct full-width from Murrieta Hot Springs Road to Butterfield
Stage Road.
10. "B' Street - Construct full-width improvements from Nicolas Road to "A" Street.
11.
North Loop Road - Construct a full-width bridge over and within Santa Gertrudis
Creek and connect the bridge to Butterfield Stage Road with full width
improvements.
12. Construct the following traffic signals and related intersection improvements:
a. Pourroy Road and Murrieta Hot Springs Road.
Offsite
Traffic signals may be required, as warranted, at the two other project
entrances from Murriela Hot Springs Road located to the east and west of
the Pourroy Road main project entrance.
Prfor to the issuance of the 1~ building permit, the following improvements shall be
completed:
North General Kearney Road at Nicolas Road traffic signal with the ultimate lane
configurations of:
a. Northbound N General Kearney Rd: 1 Through Lane, I Right Turn Lane.
b. Southbound N General Kearney Rd: 1 Shared Left, I Through lane,
Right Turn Lane.
713471.1 11/19/2002 42
c. Eastbound Nicolas Rd: I Left Turn Lane, 2 Through Lanes, I Right Turn
Lane.
d. Westbound Nicolas Rd: 1 Left Turn Lane, 2 Through Lanes, 1 Right Turn
Lane.
These improvements aro in addition to the existing improvements and lane
configurations and shall supplement not replace existing turning movements.
Prior to the issuance of the 108~ building permit or as otherwise specified in the
Development Agreement, the following improvements shall be completed:
Nicolas Road - Construct 40' width on center improvements from the western
project boundary to 450' east of the existing Nicolas Road/Calle Girasol
intersection.
Secondary Access - The required secondary access for the Plateau area shall be
provided by one of the following options:
a. If Nicolas Road is designated as the secondary access route, the
following improvements shall be completed:
i. Construct 40' width on canter improvements from 450 feet east of the
existing Nicolas Road / Calle Girasol intersection to Liefer Road including
the full width bridge structure over and within Santa Gertrudis Creek.
ii. Realign existing Calle Girasol to its ultimate intersection with Nicolas
Road including right-of-way acquisition.
If Calle Chapos from Butterfield stage Road to Walcott Lane and Calle
Girasol from Walcott Lane to the existing Nicolas Road / Calle Girasol
intersection is designated as secondary access, the following
improvements shall be completed:
i. Calle Chapos from Butterfield Stage Road to Walcott Lane - Construct
38' width on center improvements to existing pavement.
ii.
Calle Girasol from Walcott Lane to the existing Nicolas Road/Calle
Girasol intersection Construct 38' width on center improvements, as
required by the City Fire Chief and City Engineer (including right-of-way
acquisition and horizontal curve realignment), on Calle Girasol from
Walcott Lane to the existing Nicolas Road/Calle Girasol intersection.
If Butterfield Stage Road from the southern project boundary to Rancho
California Road is designated as secondary access, construct half width
improvements from the southern project boundary at Planning Area 32 to
Rancho California Road, excluding any existing improvements.
4. The Developer shall contribute an undetermined percentage of the total
construction costs for traffic signals for the lane improvements at Murrieta Hot
Springs Road and Alta Murrieta in the City of Murrieta including improvements to
be specified. The developer shall provide the City of Temecula with a letter from
713471.1 11/19/2002 43
the City of Murrieta stating that a fair share contribution to identified
improvements at this intersection has been made.
The Developer shall contribute 5.8% of the total construction costs for the traffic
signal and additional improvements identified as: southbound left turn lane,
southbound right turn lane, eastbound through lane, eastbound right turn lane,
westbound through lane, and westbound free right turn lane at 1-215 Freeway
(Southbound Ramps) at Murrieta Hot Springs Road.
PHASE 2 (Planning Areas 10, 11, 12, 14.24, 27 - 31, 33A, and 33B)
Prior to the issuance of any building permit in Phase 2, the following improvements must
be completed:
Onsite
Butterfield Stage Road - Construct remaining half-width improvements from
Murrieta Hot Springs Road to the south project boundary at Planning Area 32,
including construction of two full-width bddges within and over Santa Gertrudis
Creek and Long Valley Wash.
Murrieta Hot Springs Road - Construct remaining haft-width improvements from
the MWD pipeline property to Butte#laid Stage Road.
North Loop Road - Construct full-width improvements from the bridge structure at
North Loop Road/Santa Gertrudis Creek crossing to the Long Valley Wash
Bridge structure at South Loop Road.
South Loop Road - Construct the full width bridge structure crossing Long Valley
Wash and construct full width street improvements from this bridge to Butterfield
Stage Road.
Nicolas Road - Construct remaining improvements from Butterfield Stage Road
to western project boundary.
o
Offslte
The developer shall construct the following traffic signals and related intersection
improvements:
a. Murrieta Hot Springs Road at Butlerfield Stage Road.
b. Nicolas Road at Butterfield Stage Road.
c. Calle Chapos at Buttedield Stage Road.
Butterfield Stage Road - Construct full width improvements from the southern
project boundary at Planning Area 32 to Rancho California Road excluding any
existing improvements.
713471.1 11/19/2002 44
Nicolas Road - Construct 40' width improvements from 450 feet east of the
existing Nicolas Road/Calle Girasol intersection to Liefer Road including the full
width bridge structure over Santa Gertrudis Creek.
Calle Girasol and the Nicolas Road / Calle Girasol intersection - Realign existing
Calla Girasol to its ultimate intersection with Nicolas Road including right-of-way
acquisition.
Calla Chapos - Construct 38' width on center improvements from Buttedield
Stage Road to the existing paved terminus at Walcott Lane.
Winchester Road at Nicolas Road traffic signal to be constructed with the
following ultimate lane configurations:
Northbound Winchester: 2 Left Turn Lanes, 4 Through Lanes, 1 Free
Right Turn Lane.
Southbound Winchester: 2 Left Turn Lanes, 4 Through Lanes, 1 Right
Turn Lane.
Eastbound Nicolas Road: 1 Left Turn Lane, 1 Through Lane, 1 Right
Turn Lane.
Westbound Nicolas Road: 3 Left Turn Lanes, I Through Lane, 1 Right
Turn Lane.
These improvements are in addition to the existing improvements and lane
configurations and shall suppleroent not replace existing turning movements.
Butterfield Stage Road at Rancho California Road traffic signal with the ultimate
lane configurations of:
Northbound BSR: I Left Turn Lane, 2 Through Lanes
Southbound BSR: 1 Left Turn Lane, 2 Through Lanes
Eastbound RCR: 2 Left Tum Lanes, 2 Through Lanes
Westbound RCR: 1 Left Turn Lane, 2 Through Lanes
These improvements are in addition to the existing improvements and lane
configurations and shall supplement not replace existing turning movements,
The Developer shall contribute 11.1% of the total construction costs for traffic signals
and northbound through lane, southbound through lane, and westbound through lane
improvements at Murrieta Hot Springs Road and Winchester Road.
The Developer shall contribute 12.4% of the total construction costs for traffic signal and
northbound shared left-through lane, eastbound through lane, and westbound through
lane for Murrieta Hot Springs Road and Margarita Road.
713471.1 11119/2002 45
DEFIlqITIONS
GENERAL PROVISIONS
Binding Covenants
Interest of OWNER
Term
Termination
Transfers and Assignments
DEVELOPMENT PROVISIONS
Vesting
Reserved Authority
Further Assurances to OWNER Regarding Exercise of Reserved Authority
Consistent and Inconsistent Enactments
Amendment of Development Agreement
Future Amendments to Development Plan Approval(s)
Future Development Approvals
OBLIGATIONS OF THE PARTIES.
FEE AND EXACTION RELATED RESPONSIBILITIES
PHYSICAL IMPROVEMENTS
Public Facility Financing. Plan
Related Real Property Conveyances; Conditions to Development Agreement
INDEMNIFICATION
RELATIONSHIP OF PARTIES
PERIODIC REVIEW OF COMPLIANCE WITH AGRg. gME~
Periodic Review
Good Faith Compliance
Failure to Conduct Annual Review
Initiation of Review by City Council
Administration of Agreement
Availability of Documents
EVENTS OF DEFAULT: REMEDIES AND TERMINATION
Defaults by OWNER
Defaults by CITY
713471.1 I 1/19/2002 46
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7
7
7
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8
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10
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Specific Performance Remedy
Institution of Legal Action
Estoppel Certificates
WAIVERS AND DELAYS
No Waiver
Third Parties
Force Majeure
Extensions
Notice of Delay
NOTICES
ATTORNEYS' FEES
RECORDING
EFFECT OF AGREEMENT ON TITLE
Effect on Title
Encumbrances and Lenders' Rights
SEVERABILITY OF TERMS
SUBSEQUENT AMENDMENT TO AUTHORIZING STATUTE
RULES OF CONSTRUCTION AND MISCELLANEOUS TERMS
Inteq~retation and Governing Law
Section Headings
Gender
No Joint and Several.Liability
Covenant of. Good Faith and Fair Dealing
No Waiver of Vesting
Time of Essence
Recitals
Entire Agreement
EXTENSION OF MAPS
NOT FOR BENEFIT OF THIRD PARTIES
ATTACHMENTS
COUNTERPARTS
28._
2_9-3o
29.~
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3~0~4-
3~
31~
31~
31~
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32~
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713471.1 l 1/19/2009_. 47