HomeMy WebLinkAbout02-14 CC OrdinanceORDINANCE NO. 02-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED DEVELOPMENT AGREEMENT BY AND BE'I'WEEN
THE CITY OF TEMECULA AND ASHBY USA, LLC FOR THE
RORIPAUGH RANCH SPECIFIC PLAN, (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").
B. Government Code Section 65864 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 resources and the escalation in the cost of
housing and other development to the consumer; provide assurance to the applicants for
development projects that they may proceed with their projects in accordance with existing
policies, rules and regulations and subject to conditions of approval, in order to strengthen the
public planning process and encourage private participation in comprehensive planning and
reduce the private and public economic costs of development; and provide for economic
assistance to Owner for the entitlements authorizing development related improvements.
C. 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. 2002-047 recommending to the City Council that
the Development Agreement be approved, subject to certain recommended conditions.
E. On November 26, 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.
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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 29661 and 29353, and
Development Agreement, the City Council adopted Resolution No. 02-111, entitled "A
Resolution of the City Council of the City of Temecula Certifying the Environmental Impact
Report Prepared for the Roripaugh 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 A with the following additions:
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A. The City Council directed staff to pursue the acquisition and maintenance
of the 201-acre habitat area to increase the City's ability to provide public access
to these areas.
B. The Development Agreement shall include language that the City will assist
the developer in obtaining a Cooperative Agreement.
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 shalt 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.
.?ATTEST:
PASSED, APPROVED AND ADOPTED 17th day of Decerr~r, 2002.
Ron Roberts, Mayor
Iones', C~C ·
erk -.
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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. 02-14 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 26th day of November, 2002, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 17th
day of December, 2002, by the following vote:
AYES:
4 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Stone
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Roberts
ABSTAIN: 0 COUNCILMEMBERS: None
ty Clerk
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PREANNEXATION AND
DEVELOPMENT AGREEMENT
By and Between
THE CITY OF TEMECULA,
City,
and
ASHBY USA, LLC
Owner.
PREANNEXATION AND DEVELOPMENT AGREEMENT
THIS PREANNEXATION AND DEVELOPMENT AGREEMENT (the
"Agreement") is entered into as of the day of ,2002 CAgreement
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 laws of the State of Califomia (hereinafter "CITY"),
pursuant to the authority of Sections 65864 through 65869.5 of the California
Government Code ("Development Agreement Legislation") 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
Califomia Constitution. and in consideration of the following 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 proporty (the "Property"), 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 12tl 1/2002 I
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 exercising 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 to 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 Quality Act
("CEQA") of 1970, as amended.
E. The following actions were taken with respect to this Agreement
and the Project:
1. On October 30, 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
("Project EIR"), this Agreement, the Proposed 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 Nos. 02-046,
02-047, and 02-048, and making the findings of fact thereto;
2. On November 26, 2002, 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. 02-111 and making the findings of fact thereto;
3. On November 26, 2002, after 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. 02-112, Ordinance No. 02-13 and making the findings of fact
thereto; ~
4. On November 26, 2002, after a duly noticed public hearing,
the City Council introduced Ordinance No. 02-14 approving and authorizing the
execution of this Agreement and on December 17, 2002 the City Council adopted
713471,1 12/11/2002 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 benefRs
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 bener~s that will
inure to the CITY in conjunction with the implementation of the Project and in
order to strengthen 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 that 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 12/11/2002 3
property, as the term is utilized in Califomia Govemment 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 othenNise 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. 02-14 of the CITY
approving this Agreement.
"CITY" means the City of Temecula, a Califomia municipal corporation,
duly organized and existing under the Constitution and laws of the State of
California, and all of its officials, employees, agencies and departments and
assignees or successors.
713471.1 12/11/2002 4
"City Council" means the duly elected and constituted City Council of the
CITY.
"Commencement Date" shall mean the date of the issuance of the 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, 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 Govemment Code as exists on the Agreement Date.
it '
"Development Impact Fees" or "DIF" means, individually and in the
aggregate, the CITY's current development impact fees as set forth in Ordinance
No. 97-09, as amended, as set forth in the Temecula Municipal Code in Section
15.06 which are in effect on the Effective Date unless as specified in Section
4.1.1.3.
"Development Plan" means the plan for Developing the Property
contained in this Agreement, the City of Temecula General Plan as amended on
November 26, 2002 and as thereafter amended in accordance with Section 3.6
hereof, the Specific Plan entitled the Roripaugh Ranch Specific Plan, the 29353'
Map and the 29661 Map and the Project Final EIR (including Mitigation
Monitoring Program as finally adopted). Any Future Development Approvals,
approved in conformance with Section 3.7. hereof Shall become an element of the
Development Plan upon the final approval of the same.
"Development Plan Approval(s)" means the approvals of the City
Council and other govemmental agencies and other actions and agreements
described in Attachment "4" hereto, including those amendments to this
Agreement made in accordance with Section 3.5, those amendments to the
Development Plan Approvals made in accordance with Section 3.6 and those
Future 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 (31~t) day after the second reading of
the Authorizing Ordinance.
"Existing Regulations" means those ordinances, rules, regulations and
official policies of the CITY other than the Development Plan Approval(s) in effect
713471.1 12/!1/2002
on the Effective Date, which govem 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 of
enumeration, and not limitation, the Existing Regulations include those portions
of the items identified on Attachment "4" which apply to the Property. 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 cdteda that apply to the portion of the Property
currently within the County of Riverside, pursuant to the City's authority to
prezone property pursuant to California Government Code Section 65859.
"Future Development Approvals" means those 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.
"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 and Attachment "5".
"OWNER" is Ashby USA, LLC and others who subsequently are assigned
therights 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 November 26, 2002.
"Property" means that certain real property described in Attachment
hereof.
713471.1 12/11/2002 6
*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 Attachment
"Specific Plan" means the Roripaugh Ranch Specific Plan, approved by
the CITY on November 26, 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 Bindinf] 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
Section 2.4, this Agreement shall terminate at 11:59 p.m. on the tenth (10~h)
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), fome majeure, revision(s), and termination
provisions of this Agreement. Notwithstanding 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, 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.
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:
713471.1 12/11/2002 7
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 Distdct
(Community Facilities DiStrict) prior to the Commencement Date.
To provide notice to all, and not as a condition of the effectiveness
of a termination of this Agreement, the parties agree to execute and record
terminations of or releases of this Agreement as may be requested by either
,party.
2.5 Transfers and Assi~lnment~,
2.5.1 Right to Transfer or Assign to End User. OWNER and
any Merchant 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 thereof, 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
documentafibn. 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.
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 othenvise 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 Transferred 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
713471.1 12/11/2002 8
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 cdteda
and conditions: (i) the transferor/assignor shall notify the ClT~ 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 s(~ch 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
'those 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 with 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
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 criteria
and conditions: (i) the transferor/assignor shall notify the CITY at least twenty
(20) day prior to 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) the 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.
713471.1 12/11/2002 9
2.5.5 Effect of Assi.qnment 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. CITY shall look only to the Development
Transferee 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;I.
3.1.1 Project. CITY covenants that OWNER has, during the term
of this Agreement, the dght 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 110,00..0 square
feet of commemial 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 dght
to control the Development in accordance with the Existing Regulations, the
Development Plan and the prospective Development Plan Approval(s) ("Vested
Right"). Except as otherwise expressly specified in this Agreement, the
Development Plan Approval(s) shall control the 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 enfomeable by CITY, OWNER
or their respective assignees notwithstanding any change in any Existing
Regulation.
3.1.2 Limits on Development. The California Supreme Cou~t
held in Pardee Construction Company v. City of Camadllo, 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 dghts 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 exercise 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
713471.1 12/11/2002 10
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 commemial Development that may be built in any particular year on
any portion of the Property other than as 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 the
issuance of any Future Development Approvals which are subject to review
under CEO. A, unless required under the California Public Resoumes 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).*
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 Utigatlon. 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 attomeys of its own sole selection and OWNER agrees that
OWNER shall be responsible for all of CITY's costs, including, but not limited to,
attomeys fees, costs, expert witnesSes, travel, exhibits, displays and the like.
OWNER shall reimburse CITY its costs within thirty (30) calendar days of receipt
of any invoice(s) by OWNER requesting payment for any such costs.
713471.1 12/11/2002 11
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
Califomia Government 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 Buttedield
Stage Road, CITY may in its discretion, issue additional building permits beyond
the Five Hundred Tenth (510~h). The additional building permits beyond the
510th shall be limited to no moro than Fifty (50) every six months. In no event,
shall the CITY issue more 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 interest 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 property in a timeframe calculated to allow for the orderly d~velopment
of the Project. If the OWNER or Development Transferee is unable ~o 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
grounds to' deny Future Development Approvals 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 Off-Site Improvement to the
CITY; and (ii) consistent with Govemment Code Section 66462.5, the OWNER or
Development Transferee entering 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 4mprovements, acquire the real property, enter into a contract for such public
work subject to all legal requirements and to construct the Off-Site
Improvement(s) which ara uncompleted. OWNER's funding obligations under
this section may be satisfied through the public facility financing plan described in
Section 4.3. CITY may use these funds for community cimula{ion/transpertation
improvements within the Specific Plan Area in its sole discretion.
713471.1 12/11/2002 12
3.2 Reserved A~.
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
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 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
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
713471.1 12/11/2002 13
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 to the discretion of CITY, consistent with this Agreement.
3.3 Further Assurances to OWNER Regarding 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 Enactment=
3.4.1 No Conflicting Enactments. The CITY shall not enact a
rule, regulation, ordinance, policy, permit or other measure (collectively 'Law"),
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.t Restricts the Vested Rights described in the
Agreement or in any way limits or reduces the 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;
713471.1 12/I 1/2002 14
3.4.1.2 Is consistent with Section 3.4.1.1 hereof, but is
not unifon~ly 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 conflict:
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 approved by the CITY; and
Agreement.
3.4.2.3
Any legislative enactment authorized by this
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,
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.$.'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 othentvise
required by law, neither 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 altem the permitted uses of the
Property as a whole in a manner inconsistent with the procedures established in
the Specific Plan;
713471.1 12/11/2002 15
3.5.2.2 Increases the density or intensity of use of the
ProPerty as a whole;
3.5.2.3
permitted buildings.
Increases the maximum height and size of
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 3.1.
3.5.3 Procedure. The procedure for proposing and adopting an
amendment to this Agreement shall be the same as the procedure required for
entedng 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 prevision 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 an 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 thirtieths(30a) day after receipt of notice of the
initiation of the amendment if, as determined in that OWNER's reasonable
business judgment, that proposed amendment Will not have a material adverse
impact on the Development of that OWNER's portion of the Property.
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
flexibility 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,
713471.1 12/11/2002 16
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. CITY shall record
all Operating Memoranda and thereafter shall attach the recorded instrument to
the CITY's original Agreement and shall provide OWNER a duplicate copy.
3.6 Future Amendments to Development Plan Approval(s). The
following roles apply to future amendments to the Development Plan Approval(s),
except that Section 3.5.5 shall control with respect to 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 future 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
amendment shall constitute for all purposes a Development Plan Approval and
shall be treated as if it were in existence on the Effective Date.
3.7 Future Development Approvals.
3.7.1 Exercise of CITY Discretion. In connection with Future
Development Approval(s) 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
713471.1 12/11/2002
17
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 Effective 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 the Public
Infrastructure 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 the Public Infrastructure 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 further issuance of building permits for all or
any portion of the Project; (iii) seek specific performance of the Public
Infrastructure Improvements; or (iv) seek any other 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 Public Infrastructure Improvements. The individual
component and the credit, if any, is set forth 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
Public Infrastructure Improvements.
4.1.1.2 Traffic Signal DIF Component. The OWNER shall
be granted a credit for One Hundred percent (100%) of the Traffic Signal
component so long as OWNER completes and CITY Accepts the Public
Infrastructure Improvements.
713471.1 lPJl 1/2002 18
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 pement (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 pement (100%) of the Park
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 street 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 component of DIF. In addition to any other
im~p~m, vements OWNER Shall construct, at its own cost, not later than the 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.
2. Street and right-of-way improvements adjacent
to the Neighborhood Park including Murdeta 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 impreved
with two (2) lighted full sized soccer fields, two (2) lighted full sized ball fields, two
713471.1 12/11/2002 19
(2) lighted basketball courts, a restroorn/concession/maintenance building, age
appropriate play structures, picnic shelter, concrete walkways and parking
improvements. The Park DIF 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, pdor to the issuance of the 700~h 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
DIF 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 costs. 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 period to the
satisfaction of the Director of Community Services and the grant deed Accepted
by the City Council, pdor to the issuance of the 400th residential building permit in
the Project.
4;1.t.5.2 Private Recreation Space.
a. 201 Acres of Open Space. This real property is
generally located north and northeast of the Property. OWNER has a legal
commitment to participate in County Assessment Distdct No. 161 Subregional
Habitat Conservation Plan. CITY and OWNER recognize that OWNER has
committed approximately 201 acres of open space to permanent open space and
native habitat preservation use ('Preservation Site"). OWNER and CITY agree to
use their best efforts to cause the control, jurisdiction and management of the
Preservation Site to be transferred to the CITY. The final decision to accept the
maintenance and/or ownership of the Preservation Site will be at CITY's sole
discretion.
b. Private Recreation Facility Improvements. OWNER
has developed renderings depicting recreation facilities to be located in the
private recreation areas planned on the Property. OWNER has further
represented and listed a scope of uses, activities, amenities and items of
713471.1 12/11/2002 20
· perSonal.property that will be provided within the pdvate recreation area. The
listing of these items, together with the size and scope of the recreation facilities
is set forth on Attachment "6" hereto, titled Recreation Amenities. OWNER
agrees that the buildings, improvements, items of personal property and
programs set forth thereon will be developed, constructed, installed and
implemented in accordance with the provisions set forth in the Specific Plan.
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 inSections 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 commemial 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 shall pay to CITY, and CITY shall
accept the sum of Two Million DollarS ($2,000,000.00) out of the Development
Agreement Fee for CITY to use for the provision of the Fire Service
Improvements described in Section 4.1.6. · The monies shall be paid to CITY
within thirty (30) calendar days of the formation and funding of the public finance
district referenced in Section 4.3. This fee is nonrefundable to OWNER
regardless of the continuing status of this Agreement.
b. CITY shall defer collection of the remaining
monies attributable.to this Development Agreement Fee ($t ,352,500.00) to 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
Commencement Date, and the parties have waived the termination of this
Agreement pursuant to Section 2.4.4. 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.
713471.1 12/11/2002 21
4.1.4 Fee for Public Art, Open Space and Habitat Preservation.
in consideration of CITY's performance pumuant 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 residential unit. The CITY agrees to use all
proceeds of the art fee paid pursuant to this Section on a site located within the
Property. 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. Pdor to 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 theart piece(s) shall be approved by the
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 510t~ 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 510a building permit being issued by CITY for the
project. The funds may be used to further any object'we of the Agreement
between the CITY and RTA.
b. Park-N-Ride. OWNER shall provide, as described in
the Specific Plan, ~ty (50.)..d. esignat .e? park-n-ride spaces for public use prior to
st
the issuance of the t 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 (30th)
calendar day after the Annexation Date of this Agreement, OWNER accomplish
the following:
713471.1 12/11/2002 22
1. Fee simple title shall be conveyed to CITY, frae
and clear of all liens and matters of record;
policy insuring cITY's title to the Station Site in an amount equal to the fair
market value of the Station Site.
3. The pamel shall have not less than one and
one-half (1.5) acre of fiat land usable for development as a CITY fire station.
no event shall the site be in excess of three (3) gross acres.
OWNER shall provide CITY a CLTA insurance
In
b. Gradin,q. Prior to the issuance of the first (1st )
building permit, OWNER shall rough grade the parcel. Grading of the fire station
site will require the approval of grading and improvement plans and the issuance
of permits for property located in the County of Riverside. The CITY agrees to
use its best efforts to obtain a Joint Powers Agreement with the County of
Riverside to accomplish these and other Project improvements, if necessary.
c. Construction. Section 4.1.3.1 OWNER shall tender
the Sum of Two Million Dollars ($2,000,000.00) and CITY shall accept the money
from OWNER for the purpose of CITY's design and construction of a Fire Station .
and acquisition of title to a fire truck of CITY's sole selection. Until the Fire
Station is constructed, staffed, 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
Hundred Seven (107th) residential building permits within Planning Areas lA, 2,
and 3, except as described in the following paragraph.
Upon receipt of the dght to the Two Million Dollars ($2,000,000.00)
and the real property CITY shall commence and complete the design and
construction of the Fire Station. CITY anticipates completing the construction of
the Fire Station on or before twenty-four (24) months from the date the monies
and land are received. The Fire Chief, in his sole discretion may allow a
maximum of 250 residential building permits total for the Project to be issued
within Planning Areas IA, 2, 3, 4A, and 4B so long as the permanent fire station
and the secondary access, as defined in Attachment '5" are substantially under
construction at the time such additional building permits are requested.
d. Fire Station Construction'Street Improvements.
OWNER shall, subject to final review and Acceptance by CITY, construct the
street improvements adjacent to the Fire Station in conformance with 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
713471.1 12/11/2002 23
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 DIF will be credited by CITY, and CITY shall not impose
restrictions on building permit issuance based upon nonpayment of the Fire
component of the DIF.
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 architectural compatibility with
future development, CITY agrees to allow OWNER's architect to coordinate with
the amhitect hired by CITY for the sole purpose of providing input into the
architectural themes of the extedor to 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 Miti.qatlon Fee ~UMF).
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. OWNER may apply for credits or reimbursement in
conformance with the adopted TUMF program provisions.
4.2 Physical Improvements. In consideration of the CITY's promises
and performances OWNER agrees to the following:
4.2.t Off-site Improvements. Subject to CITY's assistance and
pursuant to Section 3.1.3.5 OWNER shall be solely responsible for funding,
acquiring right-of-way, slope easements, rights of entry, temporary construction
easements, as well as constructing all improvements identified in Attachment u5".
4.2.2 On-Site Improvements. OWNER shall be solely
responsible for funding, acquiring right-of-way, slope easements, rights of entry,
713471.1 12/11/2002 24
temporary construction easements, as well as constructing all other On-Site
limpmvements necessary to accomplish the Development, in whole or part.
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 to finance the Improvements, which most
likely will be a Community Facilities District ("CFD'). The parties agree that no
residential building permit within any Planning Area, regardless of whether the
improvements will be public or private or commercial or residential, shall be
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 Agreement.
4.4.1 Liens, 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 to such use. 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.
4.5 Reclaimed Water;, Facilities and Use. OWNER and CITY
recognize that the State of Califomia has adopted laws which address the use of
recycled and reclaimed water for landscaping and open space irrigation use.
Particularly the Water Recycling in Landscaping Act (California Government
Code Section 65601, et seq.) imposes obligations to utilize recycled water when
certain circumstances are present. CITY also recognized OWNER seeks
certainty as to its development obligations. The parties hereby agree to use their
best efforts to relieve or defer OWNER's obligation to provide recycled water
service to the Project subject to all legal requirements imposed on CITY or
OWNER to provide recycled water for landscaping and open space irrigation use.
5. Indemnification and Defense. 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 that during the Term of this Agreement, to defend the CITY and its agents,
713471.1 12/11/2002 25
officers, contractors, attomey, 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 conceming that Indemnifying
Party provided that prior to settling any such lawsuit 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 Party's
property.
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 A~lreement.
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 ali 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.
713471.1 12/11/2002 26
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 conceming 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 all as
pursuant to routine 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 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 with the mate~al 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 sixty (60) days after the effective date of notice from the
713471.1 12/11/2002 27
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 the 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.ef 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
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 Property to
its natural condition once implementation of this Agreement has begun. After
such implementation, OWNER may be foreclosed from other choices it may have
had to utilize the Property and provide for other benefits. 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
the 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
cimumstances set forth above, and the CITY shall have no right to seek specific
713471. I 12/11/2002 28
performance to cause OWNER or a Development Transferee to otherwise
proceed with the Development of the Project in any manner.
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 the 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 to agree on a
referee within ten (10) days of a written request to do so by either party hereto,.
either party may seek to have one appointed pursuant to the California Code of
Civil Procedure Section 640. The cost of such proceeding shall initially be borne
equally by the parties. Any referee selected pursuant to this Section 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
Transferee, which material obligations have not been performed, the CITY may,
in addition to any other remedy available to it, 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. CITY or OWNER 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 certificate to the requesting pa~J 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.t 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.
713471.1 12/11/2002 29
8.5.3 A default in the performance 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 ^greement 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 Majeure. 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, rites, wars, riots or similar
hostilities, strikes and other labor difficulties beyond that party's control, action or
inaction by the CITY, which actions 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.
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 pedod 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 rime), whichever comes first.
10. Notices. All notices required or provided for under this Agreement shall
be in writing 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:
713471.1 12/11/2002 30
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
470 E. Harrison Street
Corona, CA 92879
Attention: Richard Ashby
With a copy to:
Cox, Castle & Nichoison, LLP
19800 MacArthur 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.
t 1. Attomeys' 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 item of damage and/or
recoverable costs.
12. Recording. 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.
713471.1 12/11/2002 31
13. Effect of A;lreement 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' Ri!:lht~, 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 time frame 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
mortgagee/beneficiary agrees in writing, within ninety (90) days after receipt from
CITY of the written notice of default, to perform the proportionate share of
OWNER's obligations under this Agreement allocable to that part of the Property
in which the mortgagee/beneficiary has an interest conditioned upon such
mortgagee's/beneficiary's acquisition of the Property 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 prohibited from commencing or prosecuting
foreclosure or other appropriate proceedings 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.
t3.2.3 Neither entering into this Agreement nor a breach of
this Agreement shall defeat, render invalid, diminish or impair the lien of any
· 713471.1 12/11/2002 32
existing or future mortgage or deed of trust on the Property made in good faith
and for value.
14. Severability of Terms. If any term, provision, covenant or condition of
this Agreement shall be determined invalid, void or unenforceable, the remainder
of this Agreement shall not be affected thergby 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 be
suspended as to all unpermitted development activity pending the CITY's
determination regarding repeal or modification of the same.
15. Subsequent Amendment to Authorizing Statu~?. This Agreement has
been entered into in reliance upon the provisions of the Development Agreement
Legislation in effect as of the Effective Date. Accordingly, subject to
Section 3.2.2 above, to the extent that subsequent amendments to the
Government Code would affect the provisions of this Agreement, such
amendments shall not be applicable to this Agreement unless necessary for this
Agreement to be enforceable or required by law or unless this Agreement is
modified pursuant to the provisions set forth in this Agreement.
16. Rules of Construction and Miscellaneous Terms.
16.1 Interpretation and Goveming 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 Califomia.
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 Headings. 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 the non breaching party.
Any remedy, obligation, or liability, including but not limited to the obligations to
71347t.1 12/11/2002 33
defend and indemnify the CITY, adsing 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
Transferees, 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 Agreelment.
16.6 No Waiver of Vesting. Nothing in this Agreement shall be
construed as limiting or impairing any vested rights to proceed with the
Development or use of the Property 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.
t6.8 Recitals. All Recitals set forth herein are incorporated in this
Agreement as though fully set forth herein.
16.9 Entire A,qreement. 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 Govemment Cede
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 benef'~ 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.
713471.1 12/11/2002 34
19. Attachments. The following attachments ara 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 the Property Described in Attachment 1
Zoning District Development Standards
Existing Regulations
On-Site and Off-Site Improvements
Recraation Amenities
20. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original.
IN WITNESS WHEREOF, the parties herato have executed this
Agraement on the day and year dated below.
Dated: ,2002
"CITY"
CITY OF TEMECULA, a
municipal corporation
By:.
Name:
Title: Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
713471.1 12/11/2002 35
Dated:
,2002
"OWNER"
Ashby USA, LLC, a Califomia
Limited Liability Corporation
By: Ashby Development Company
Inc, a Califomia Corporation,
~gin~ Member
By:~
Name: Justin K. Ashby
Title: President
State of Califomia )
) ss
County of Riverside )
On ~ H, .~L3..be$ore ~ ~~l/[3ersonally
appeared ~ ,~d'. ~,.~u~ ~ , personally I[/nown to me or
proved to mc~on the basis of sat!sfactory'~vidence to be the person(s) whose
e(s) ~re subscribed to the, within instrument and acknowledged to me that
he/they e.xecuted the same ,n(l~er/their authorized capacity(les), and that
er/the,r signature(s) on the ~'Tr~'trument the person(s)~ or the entity upon
f which the person(s) acted, executed the instrument.
Witness my hand and official seal.
Signature o~Notary ~
State of Califomia )
) 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(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
Signature of Notary
713471.1 12/11/2002
36
ATTACHMENT "1"
(Legal Description of the Property)
713471.1 12/11/2002 37
RORIPAUGII RANCH PROJECT
Metes and Bounds description of the North one-half of the North
one-half of Section 20 of T7S, R2W, S.B.M.
Beginning at the Northeast comer of said Section 20, thence along the easterly line of
said Section 20 South 0° 34' 31" W 1319.80 feet to the North Sixteenth comer thereof;
Thence along the Southerly line of the North one-half of the North one-half of said
Section 20 North 88°36'41'' West, a distance of 5229.85 feet to the North Sixteenth
comer thereof; Thence along the West line of said Section 20 North 00026' 13" West, a
distance of 1319.23 feet to the Northwest comer thereof; Thence along the Northerly line
of said Section 20 South 88°37'05" East, a distance of 5233.02 feet to the Point of
Beginning, containing an area of 158.45 acres, more or less.
This description is for exhibit purposes only. The true legal description is: The North
one-half of the North one-half of Section 20, Township 7 South, Range 2 West, San
Bemardino Base and Meridian, County of Riverside, State of California, according to the
Official Plat thereof.
RORIPAUGH RANCH PROJECT
Metes and Bounds description of Section 21 of T7S, R2W, S.B.M.
Beginning at the Northeast comer of said Section 21, thence along the easterly line of
said Section 21 South 0° 59' 15" West 2664.97 feet to the East quarter section comer;
thence continuing along said easterly line South 0° 21' 34" West 2636.07 feet to the
Southeast comer of said Section 21; thence along the Southerly line of said section North
89° 39' 13" West 5282.88 feet to the Southwest comer of said section; thence.along the
westerly line of said section North 0° 33' 47" East 3809.86 feet to the North sixteenth
corner of said section; thence continuing along said westerly line North 0034' 31' East
1319.80 feet to the Northwest section comer; thence along the northerly line of said
section North 88° 29' 37" East 5296.39 feet to the Point of Beginning, containing an area
of 632.2 acres, more or less.
This description is for exhibit purposes only. The true legal description is: Section 21,
Township 7 South, Range 2 West, San Bemardino Base and Meridian, County of
Riverside, State of Calffomia, according to the Official Plat thereof.
RORIPAUGH RANCH PROJECT
Metes and Bounds description of a portion of
Section 20 of T75, R2W, $.B.M.
Commencing at thc North sixteenth comer of Section 20, Township 7 South, Range 2
West, Son Bemardino Base and Meridian, being thc Northeast comer of that co,tala
pawel designated as "Not a Part" as shown by Pm'ce{ Map on file in Book 1, of Parcel
Maps, pages 44 through 46, thereof, Records of the County of Riverside, California;
thence along the easterly line of said Section 20 South 0~ 33'47" W, a distance of 974. ! 3
feet to the True Point of Bagtnniag; Thence North 89025'58'' West, a distance of 929.8 !
feet more or less to the Easterly linc of the }and conveyed to the Metropolitan Water
District of Southern California by deed recorded April 24, 1968 as Instrument No. 37774.
Official Records of said County; Thence ldong said Easterly line Notlh 12°32'09''
a distunce of 762.69 feet;, Thence on a line parallel with the South line of said parcel
designated as "Not a Part" South 89025'58" Fast, a distance of 771.65 feet to the True
Point of Bagiening, containing an area of 14.57 acres, more or less.
This description is for exhibit puq~oses only.
ATTACHMENT "2"
(Plat of the Property Described in Attachment 1)
713471.1 12/11/2002 38
/7
S88037'OS"E 5255.02'
N I/~, N l/R, SEC. RO, T. 7$.,R. RW.,$BM ~
N88',~6'41 "W 5229.85'
POR. SEC. RO, T. 7$.,R. RW.,$BM
RIVERSIDE COUNt. CALIFORNIA
I ~ DAVID EVANS . . CITY* OF 'EUECULA ·
· ~'~ ',.~D ABSOOIATEB ~#o.' EXHIBIT RORIPAUGH RANCH
F ~ eOONo~Haw^wue, Su~e300 -=. PROJECT
/ ASHBY m ELOPMENr
RIVERSIDE COUNIY, CALIFORNIA ~ .o.
CITY' OF 'IEMECULA ·
EXHIBIT RORIPAUGH RANCH
"B" PROJECT ~,~
~ 12-10-02
1~ N88'29'3,7"E 5296.39'
N89'39'13'W 5282.88'
16
POINT OF' BEGINNING/
15
RIVERSIDE COUNIY, CALIFORNIA
DAVID EVANS CflY OF 1EUECULA .m ,o.
,u, DASBOOIATE8 ,NO. EXHIBff RORIPAUGH RANCH
800 Nath Haven A,,~llUe. ~ulte 300 PROJ EOT .u,
Onta~ Callfom~ 91764 #B"
Phone: gOg.a,81.5750 CUEN'h 12-10-02
EASTERLY UNE OF INST.
N0.37774, O.R. REC'O
4-24-. 6~
P.M.B. 1/44-46
COUMENCEkiENT .~
sec. ~ L
POR. ~KC. EO,
N89'25'~"~ 929.61'
-'-'1
P.M,B.
EXHIBIT RORIPAUOH RANCH
"El" PROJECT ~ .u,
CL/ENT: 12,-.12-o2
),slmY OEm.OPMENT
ATTACHMENT "3"
(Zoning District Development Standards)
713471.1 12/11/2002 39
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
deveicpmem in the land uses identified for the Specific Plan area. These regulations amend and
supersede the regulations of the Teme~ula Development Code. Where standards and regulations
am not specified In this Specific Plan, the requiremef~ts of the Temecula Development Cede 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 am intended to be used in conjunction with the zoning and development
standards stated here.
The following standards will serve as the primary mechanism ~or implementation of the land uses for
the Roripaugh Ranch Specific Plan. These regulations provide an appropriate amount of flexibility to
anlicipata 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) Densit7 Single-Family Detached: (PA 23 and 24)
· Medium (M2) Density Single-Family Detached and Attached clustered: (PA 12, 14, 15. 22
and 31)
2.' commemlal:
· Neighborhood Commercial: (PA 11)
3. Parks and Open Space: *: Private Recreation Centers (PA 5, 30)
· Private Mini-Park (PA lB)
· Parks (PA 6, 27) '
· Habifat (OS1): (PA 8, 9A, 9B, and 13)
. Flood Control (OS2): (PA 7B, 7C, 25, 26, and portions of 14 and 27)
.. Landscape S!ope (OS3): (PA 7A and parti0n of 6)
4. ' Elel~ntar~.and Middle School: (PA: 28 and 29)
5. Fire Station: (PA 32)
SPECIFIC PLAN ZONING ORDINANCE
5.2
GENERAL PROVISIONS
This section of the development regulations states the general roles that must be observed by all
development projects in order to protect the publio health, safety end welfare. These regulations
apply to all planning areas within the Rorlpaugh Ranch Specific Plan, unless otherwise specified.
1. Roripaugh Ranch Site Planning and Architectural Design Guidelines
All development within the Rortpaegh Ranch Specific Plan area is subjent to the polle/
provisions of the Site Plaonlng (Section 4,0) end Amhitectuml Design Guidellnas (Section 4.0)
adopted by ordinance of the Temecula City Council, The Design Guidelines In conjunction with
the development stander(is contained In this Specific Plan and those of the Temecula
Development Code shall regulate development within the Specific Plan area, The Daslgn
Guidelines will be admlnistsred through the City of Temecula Planning Department, All
development within the Roripau~ Ranch Specific Plan area shall be subject to the Development
Standards In this seotlon of the Specific Plan.
2. CedeComplianca
All construction and development within the Rodpaugh Ranch-Specific Plan ama shell comply
with applicable provisions of the Specific Plan, the Unlfon~ Building Code and the various
related mechenical, electrical, plumbing and tim codes, water ordinance, grading and excavation
codes and subdivision codes, In effect In the City of Temeoula at the time grading/building
permits am obtained.
3. Setback Requirements
The setback requirements are as spenlfiod within the stendards identified In the plan for each
zoning distrlcL If not'otherwise spee, ifled, all setbacks shall be determined as the perpend~ular
distance from the existing Or planned street ~tght-of-way line or properly lIne, to the foundation
point of the closest structure.
4. Exceptions
ff specific development standards have not been established or ff an issue, condition or situation
misss or occurs that is not ctean'y onderstendable in the Specifio Plen, then these regulatioos
and standards of the City of Temecula Development Code that are applicable for the most
similar use, condifion or situation shall apply es determined bythe Community Development
5. Enforcement
Enforcement of the provielons herein shall be In the manner spcoltled In the Tomecula Municipal
Code for zoning enforcement.
6. Unspecified Uses
Whenever a use has not specifically been listed as being a permitted use in a partiouler zone
classification within the Speclfio Plan, it shall be the duty of the Planning Director to determIne if
said use is: (1) oonelstent 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.
SPECIFIC PLAN ZONING ORDINANCE
5.3
RESIDENTIAL DEVELOPMENT STANDARDS
The Roripaugh Ranch Specific Plan provides a mix of diverse housing products, including five
d'~ferent housing types that fall within lhres of the City's General Plan residential designations:
Temecula General Plan
Specific Plan Dealanatlen Residential Deslnnatlan
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 end 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 Medium Density Residential
Single-Family (3-6 du/ac)
Medium Density Residential
Single-Family (7-12 dufac)
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 Reeldentlal (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 I 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 aore or larger adjaoant to the multi-use trail in Planning Areas 19, 20, 21. Planning Area 33B
shall not be developed es a part of Rorlpaugh Ranch. This planning area shall eventually be
combined with the adjacent residential areas to the north.
LOW MEDIUM DENSITY (Lllil) - PLANNING AREAS NOS. lA, 2, 3, 4A, 4B, 16, 17 end 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. 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
Iota 4,000 minimum square feet.
MEDIUM DENSITY - CLUSTERED (M2) - PLANNING AREAS NOS. 12, ~14, 15, 22 AND 31
The Medium. (M) zoning dlsb'iot is Intended to provide for the development of clustered single-family
development on minimum lot sizes of 3,000 sq. ft.
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 rasldentlal zoning dlstdct. Where Indicated
with s lelter '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 PennRled Uses - Residential Diatitcts
Description of U~e L LM M1 M2
Single-family datacited P p p
Single-family attached p
Single,family zero lot line - · p p
Single-family attached greater than two unite
Multiple family
Manufactured homes P p p p
Mobilehome park
Facilities for the mentally disordered, hendi~, or dependent or P P p p
flegle~ted ci'dldren (six or fewer)
Facllllles' for the mefttally disordered, handfl=epped, or dapendent or
neglected ch~dren (seven to twelve)
Alcohcilsm or drug abuse rasovery or treatment facility (slx or fewer)P P p p
Alcoholism or drag abuse recovery or treatment facaty (seven or more)
~ ~ facilities for the eldedy (slx or fewer) P P p p
Residential care f~dlltle~ for the elderly (seven or more)
Se(xxtda7 dwelling units as defined by City Development Code P P
Granny Flat p p
'Family day ~are homes-small (four or fewer) P p p p
Family day care homes-large ~ C C
Day care centers C C
Emorgenoy shatters
Nonresidential
SPECIRC PLAN ZONING ORDINANCE
OelcripUon of U~e L LM M1 M2
Ag~ulmml/open .p,,~e
Religious In~Ulutlon~~ F, C C C C
Ulillly faolllUes (3 C C C
Educational Inatitutlons
Publlo libraries
Publl~ museums and art galleries (not for profit)
Kennels and ~atte~es
Non commercial keeping of homes P4
l'empom~y real estate tract oft=es P P P P
Recreational Vehicle Storage Yards
Pa~dng f~ commer~al uses
No,pr°fit dubs and lodge halls
Convalesoent fa~lltles - -
Golf Courses
Home ou~upaUona P P P P
~ Tralleras P P P P
atml be kept In a ~ta~l~o~d (12' x 1~' f~' each honm) located a ndrfamm dlakmce of fllty (50) feet from neighboring
dwelling, I~ (10) feet lmm Ihe ma~n dwelling on Ihe Io~ and ten (10) feeUmm '~e ~le o~ mar pfopen'y ~.
G':',iX)(R/M~NT8 ,at~) _OCAL 8e r .~MENT.DOC ' Hove,tuber, 2002
5,3.3
SPECIFIC PLAN ZONING ORDINANCE
DEVELOPMENT STANDARDS
In the Low (L), Low Medium (I_M) and Medium (Id) Zones em as follows:
TaMe 5-2
Development Sland~rd~ - Re~ldentJel Di~'trint~
Re~ldentiel Development L LM LM M1 M2
Standards 20,000 5,000 6,000 4,000
(M~nlmum Lot 81=e In Feet)
Planning Area 10, 19, 20, lA, 2, 3, 17 end 18 23 end 24 12, 14, 15, 22
21, 33A 4A, 4B end 31
and ~B end 16
M~nlmum gro~s lot area 20,000 5,000 6,000 4,000 3,000
(square feet) 1 acre*
-* Lois in PA 19, 20 end
21 thet abut eastern and
southern properly
minimum o~ 1 aox.
~l~ (~0) ~oo~ ~
modlfk~flon zone shall not
be inoluded in lot area.
Dwelling un,ts per net acre 1.2 du/ac $.2 alu/ac 4.0 du/as 6.1 du/~c 10.1 du/ac
Minimum lot frontage at ~0 ft. 25 It. 25 f. 25 ft. NA
front property line
M~lmum lot frontage for a 25ft. 20fi, 2011, 20ft. NA
flag lot at front properly line
Minimum lot width 60fL* 4011. 40ft. 40ft. 40it
' ' For both 20,000 sq. ft. lots
eubelanUally the same.
Mrdmum front yant setback 25ft. loft 1011. lOft. lOlt.
- Front entry garages 18it. 18lt. 18ft 18fL 18fL
- Side ent~ garagas 10ft. lOIt 10ft. 10fl. 10It
Hot 8pdnge belween
Pounoy Rd. and the MWD
by three (3) feet.
IVinlmum comer side yard 15 fL 10 ft. 10 ft. 10 It. 10 fL
setback
between Pouno¥ Rd. and
the MWD easement may be
reduced by throe (3) feet.
*~nlmum Interior side yard 10 It. 5 ft. 6 IL 6 It. 5 It.
SPECIFIC PLAN ZONING ORDINANCE
TaMe 5-2
Development 8tandarda - ReeldentMI Dl~tdots
RasldentiM Development L LM LM M (Standard) M
~)~indarda 20,000 5,000 6,0~0 4,000 (Clu~ered)
(Minimum Lot size In Fe~t)
Minimum mar yard setback 20 It. 20 lt. 20 lt. 15 ft. 15 it.
- Setbacks for lots abutting 25 It.
Planning Area 7A along the
soutbem propeW line shall
have a 25' mlolmum rear
yard setback.
- Lots abutting
Mu#l-use trail in 50 ft.
PA 19,20and 21.
- Setbacks for lots shutting
Muntsta Hot Springs
betYmen Pourroy Rd. and
the MWO easement may be
reduced by elalt by three (3)
feel
Ptsnning Aras 10;19,20, 1, 2, 3, 17 and 18 23 end 24 12, 14,16,22 1
21, 33A 4A, 4B and 31
and 33B end 16
Maximum height 2 2 stories, 2 2 2 1~ 2 ½ 2 ½
35 feet stodas, 35 st ~o?_: 35 sto~ee, 35 stndas, 35
feetico~ feet feet
Ma3dmum pe~entage of lot ~30% 60% 60% 60% 60%
coverage
Minimum Garage Size 20' x20' 20' x 20' 20' x 20' 20' x20' 20' x20'
(Interior space)
SPECIFIC PLAN ZONING ORDINANCE
5.4 NEIGHBORHOOD COMMERCIAL (PLANNING AREA 11)
6.4,1 DESCRIPTION OF NEIGHBORHOOD COMMERCIAL
Neighborhood Commercial (Planning Area No. 11 ), will Inelude a vadaly of different types of land uses. Uses
within this planning area include smaller-scale business aotlvltles whk=h generally provide ralall end/or
convenience sen. ices for residents within Rudpaugh Ranch. The following are site planning guidelines ralaling
to Planning Area No. ! 1.
5.4.2 UaE REGULATIONS
The Ilel of land us~ In the following table shall be permitted In the nelghhen'~xl commemial znelng distn~.
Where Indicated with a letter "P", the use shall be a permitted uss. Where Indicated with a '-', the uss le
prohibited within the zone. Where indicated with a letter "C', the use shall he conditionally permllted 8abjest to
approval of a neuditlonel use permlL
Table 6-3
8ntmdute of Perm#ted Use~ - Neighborhood Commercial Center (PA-11)
De~Hptio~ of Ues I
NC
A
Adult bosinees subject to Chapter 5.08 of the Temecula Municipal Code
Aeroblss/denca/gymnaallss/jazzemlss~martial arts studlca (lees than 5,000 SCl, ft. P
Aerablm/danca/gymnaalica/jazze~ aris stucllce (greater than 5,000 sq. ft. ~ P
Aleshellem or drag treatment facilities
,Nc~nollc bovemgu sales C
Ambulanca esndces
Animal he~abalter
AntiqUe restoration
Antique 8ale~ (Less than $,000 sq. fL) p
Amade8 (pinball and ~ games)
Auditoriums and conference facilities C'
AutomObile dealers (new and used)
Automobile 8ales (brokerage)- showroom only (new and used)-ne outdoor display
SPECIFIC PLAN ZONING ORDINANCE
Automobile p~infln~ and body sho~
Automobile service 8tutlon~ with alcohofl~
Automotive service 8t~or,.8 (not selling beer'ancVor wine) with or without an 8utomated P
oar wash
Automobile parts-sales C
Automobile oll d/range/lube sewl~es with no major repair C
B
Baker/goods distribution
Bakery retail P
Bakery Wholesale
Banks and flnan~tal Institutions P
· Barber and beauty shops P
Bed and breaklasl
Bicycle (se]es, rentals, sewt~s) P
Billiard parlor/poolhall
Binding of books and similar ~ons
Blood bank P
Blueprint and duplicating and oopy sen4ces P
Bookstores
Buikf, ng matedals sales (with the extedor storage/sales areas greater than 50 pement
of total redes ama)
Building materials sales (Mth the exledor storage/sales areas greater than 50 peroe~
of total sales area) .
~ Butcher shop P
C
Cabinet shops under 20,0(X) sq. ft.- no outdoor storage
Cemem shop (sales/minor mpaim) P
C~u' w~h, MI eewlce/mdf ~ervl~e
Cetedng ~. p
(3k)thlng males .. P
SPECIFIC PLAN ZONING ORDINANCE
CommtmlcaUon8 end microwave Installatlorm '
Communications equipment 8a~est C
Community care facilities C
Computer sale~ and ~ewlces · p
Cor~regate cam houslr~ for the elde~ 2 C
Construction equipment sale~, 8ervlce~ or rental
Contractor's equipment, ~des, serv~e or rental
Convenience mmkel
Costume ren~s p
Crematorlum~
CutJerY p
D
Data proce~lng equipment and systems
Day care centers p
Oelicatessen p
DIscounVdepartment ~tore p
DmdbuUon fa~l~y
· Drag stom/phmmaoy p
Dp/cleaners p
Dly cleaning plant
E
Emerger~--.y shelter
Equipment redes am:l rentals (no outdoor M.omge) p
Equipment eale~ and renteb (o~door ~omge)
F
RnanclM, irmumnce, real estate offk~ p
Rre m~d POiSe statlon~ p
Floor ~ovedng redes p
Flodst Mlop p
Food prO~ · ·
Fommetelllng, ;plritua~m, or similar m~vlty p
Freight ten~lneJs
ROd~lu~h Rall~l SDecll~ Plarl 5-11
C:.'~DOCUMENTS-AND ~,=~: mlGS~NAASEHS~OC, AL 5L~ITING,.~TEMP~SPSECTSOCOO~gUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Fuel storage and dletrtbutlon
Funeral pan'om, mortuary
Fumiture aslee (Leas than 10,000 sq. fi.)
Furniture transfer and storage
Garden supplies and equipment sales and set, ce
P
Gas disbtbuUon, meier and ~ontrol station
General merchandise/retail stores ~ them 10,000 sq. fL
Gieas and minors, retail sales
Government offices
Grocer/store, retail
Grocery store, wholesale
Guns and firearm sales
P
P
P
P
P
14
Hardware stome
Health and exerc~e dub
Health food store
Health ~re fa~
Intedor Uecofallng sen~l~e .
d
Junk ~ mdvage yald
K
P
P
P
P
P
P
.)
SPECIRC PLAN ZONING ORDINANCE
Laboratories, film, medic, al, research or testing centers
Laundromat
Laundry sewlco (commercial)
Ubraries, museums, and galleries (p~ate) C
Liquid petroleum, sales and d~atribuUon
Uquor atoms C
Lithographio service
Locksmith p
M
Manhlne shop
Machinery storage yard
Mall order business
Manufacturing of products similar to, but not limited to the following:
Custom-made product, processing, assembling, packaging, and fabricstion of goods.
within encles~ building (no outside storage), such aa jewelry, furniture, art objesls,
clo~lng, labor Intensive manufan~uring, assembling, and raper pro~esaes which do nor
Involve frequent bucktraf~. ·
Oompounding of mate~ls, pro~, assembling, packaging, tmalment or febr}catlon of
marauds and producls which requtm frequent ~ a~lvlty ~ the transfer of heavy or
pmmlsas of unrefined, raw or esml-mfinod produc~ requiring fudher proc~ and
manufacturing, and outalde storage.
Mobllehome esles and nonaoes
Mofion plofum Mudlo
IVlotomycte sales and san~li~e
Movie theaters
'1
P
P
P
.O
C
,nor~u~h R~n~h Sp~lOo Plan ~-15
SPECIFIC PLAN ZONING ORDINANCE
Nurseries (retail)
Numlng homes/convalescent homes C
O
Office equipment supplies, sales/services P
Offices, administrative or corporate headqumtem vvllh greater than 50,000 sq. ft.
Offices, professional ser,~k:~s with le~ than 50,000 m:l. fl., but not limited to, bu,slnees P
law, medical, denial, veterinarian, chiropractic, erohitectuml, englnesrin~, reel estate,
P
Paint and wallp~oer store~ P
Parcel delivep/sewlce~
Pmtdng Iot~ and pa~ng sbuoture~ C
Pawnshop
Pemorml sen~loe shops p
Pest ~ .ervice~
Pet grooming/pet .hop P
Photogmphlo Mudio P
Plumbing m~pply ymd (endo~d or unendo~d)
Postal
Pest(d ~ P
Pdv~te uU~y f~g~m (Pagumed by the Publ~ Ut~e~ C, omn~sm~) P
Q
R
P,~io/televl~ion trmmmitler
r
Pa~,re~lo~d vehicle pmt~
Recy~ng co~e~on fedl~es, P
AND ~EHS~OC, AL Sc ~ ~pt(~-%~PSECTSCCOOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Recycling processing fa,:fltiloe
Rallglous Institution, without a deycare or private school
Religious institution, with a private school
: Religious Institution, with a daycam
Restaurant, drive-in/fast food
Restaurants and other eating establishments
Restaurants with lounge or five entertalnmant
Rooming and boarding houses
s
8~de, public
,8dmots, business and professional
Gchools, pth'ate (Idndergartan through Grade 12)
8clentifl~ research and development offices and lobomtodss
Solid waste dl~ facility
' Sports and recreatlooal fBallmes
Swap meet, entirely Ir=lde a peananont bulling
Swap meet, outdoor
Swimming pool suppllos/equipment sales
C
C
C
C
P
C
C
C
C
P
Tailor 8bop
Ta)d or limousine 8ervloe
Tim 8aloo
Tool and die c~udlng
Transfer, moving and storage
Transpom~q~ tarminal~ and atatlona
TV/VCR repair
U
upbomew ~
P
P
C
P
Ro~pau~ Rash Sped~ ~m S-iS
SPECIFIC PLAN ZONING ORDINANCE
V
Vending machine sales and sef~d~es
W
; Warehoualng/dlst rlbutlon
Watch repair P
Wedding chapels
w~ ~hop
Welding supply and se~ce (enclosed)
3.
5-16
5,4.3
SPECIRC PLAN ZONING ORDINANCE
DEVELOPMENT ~rANDARD~
The following standards of development shall apply in the Nalghbo~nood Commercial:
Table 5-4
Development ~tandardl - Neighbofllood Commerelal
(Commerelal Uses - PA 11)
Minimum gross area for site 2 acres for cemmon lot centers,
30,000 square feet for single lots
Targel floor area taus .3
Ma.,dmum floor area ratio with intensity holms as per Section .50
17.08.050
Front yard adjacent to street:
- Buttedleld Stage Road/Munteta Hot Springs Road 20 feet; almcture & paddng
- "A' and "B" Street 20 feet, stracture & pa~ng
Yard adjacent to rsaldentlally zoned prapedy 26 feet, structure & parking
Ae~esenfy structure side/rear yard setback 10 feet
Mialmum building separalloft:
- One story: 10 feet
· Two stodes: 15 fes~
- Three stodes or more: 20 feet
Maxh~um building height 50 feet
Ma;dmum percent of lot ceverage ~
IVlhtlrnum required landscaped open space 20%
Fence, waft or hedge sc~ennlng outdoor storage maximum height 6 feet
MMImum bulld]ng cetbad; separation:
· Two stodes: 16 feet
5.5
5.5.1
SPECIFIC PLAN ZONING ORDINANCE
PARKS AND OPEN SPACE (Planning Areas Nos. lB, 5, 6, 7A, 7B, 7C, S, 9A, 9B, 15, 27, 25, 26 and 80)
DESCRIPTION OF PARK8 AND OPEN SPACE
Parks (P) and Open Space (O8) zoning district is intended to promote a wide range ol public and private
recreatlonol uses In the community. These uses Include onmmunlly faolllUes, golf onurees, health clubs, public
parks and recreation areas, sports parks, or other outdoor athletic facilities and similar outdoor commercial
recreatisnal uses.
5.5.2 USE REGULATION8
The list of land uses In the following table shall be permitted In one or more of the pink and open spe~e zoning
distrtct as Indlcatnd In the columns ~orrespondlng to each zoning district. Where Indloated with a letter"P', the
use shall be a permitted use. Where Indloated with a'-', the use is proha)lled within the zone, Where Irm'k~ated
with a letter 'C', the use ,=bell be conditionally permitted subjeot to approval of a conditional use permit.
Table 5-5
Schedule of Permitted Ut,es - Pmlm and Rem'eaflonot U~e$
P P O~ Ok OSa
Schedule of Uses (Pflvate) (Publlo)
lB, 5
Planning Area and 30 6 and 27 8, 9A, 7B, 7C, Portions
9B, and 25and ot 6 end
13, 26 7A
Agricultural Uses
Nhlello Field P P
BIWole paths P P P P
Campground
Caretakers quarters
Game courts, badminton, tennis, ra°quathall P P
P P ;
Government and publ~ utility fatales C C P P
~ Gymnasium p p
IVll~-owave antonna/lower~
Nature sentera/exhiblte
Numeriea
P P
Group Picnio Fa~llflea
Pr'wats pinks and reomatkm faollitles p p .p p
Paltdng areas P P
SPECIFIC PLAN ZONING ORDINANCE
Public parks and recreational facilities P P P P
Recreational vehlcte park
Riding stable, public or p~;vate
8hooting galleries, ranges, archer/courses
Single;family dwellings ~
Tree Farms
1. See Zoning Appendix of Development Code 17.40 for antenna Information.
SPECIRC PLAN ZONING ORDINANCE
5.5.3 DEVELOPMENT ~rANDARD$
In the Parka and Open Space districts development standards are as follows:
Table 5-6
Development Standards - Park. and Open Space Standards
Development Standards P I O$
Planning Area lB, 5, G, 27 and 7A, 7B, 7C, 8,
31 9A, 9B, 13, 25
and26
Minimum lot size 10,000 sq. ft.
Maximum lot coverage 25%
Ma3dmum height 35 feet1
Floor ama ratio .1
Setback from parking structure 25 feet
Setback from parking structure 25 feet
Minimum open spaceAandscaplng 75% 100%
SPECIFIC PLAN ZONING ORDINANCE
5.6 PUBUC/1NSTITUTIONAL DISTRICTS (PLANNING AREAS 26 AND 29)
5.6.1 DESCRIPTION OF SCHOOL DISTRICT AND PUBUC 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.
SPECIRC PLAN ZONING ORDINANCE
5.7
5.7.1
5.7.2
PUBLIC IN~TITU'rlONAL (PLANNING AREA ~2)
DESCRIPTION OF PUBUC INSTITUTIONAL (FIRE STATION)
'l~e purpose of this distrl~ Is to facllitMe construction of public and quasi*public uses In appropriate areas of the
city. Planning Area 31 wfll be developed as a tim station on a 1.5 a~e site.
USE REGULATIONS
Planning Ama 31 shall o~ly be designated as a F~re Station.
· )
5.8
SPECIFIC PLAN ZONING ORDINANCE
PARKING REQUIREMENTS
Refer to Chapter 17.24 of the City Development Code for parking requirements.
ATTACHMENT "4"
(Existing Regulations)
713471.1 12/11/2002 40
Attachment No. 4
EXISTING REGULATIONS
2.
3.
4.
4.
5.
6.
7.
8.
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 12/11/2002 41
ATTACHMENT "5"
(On-Site and Off-Site Improvements)
713471.1 12/11/2002 42
ATTACHMENT '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' rum
lane.
PHASE 1 (Planning Areas 1-4B, 6, and 32)
Onsffe
Prior to issuance of the 34~ building permit, the following improvements shall be
completed:
Secondary Access - Provide secondary access for each Planning Area to
existing Murdeta Hot Springs Road.
Prior to issuance of the 108~ building permit or as otherwise specified in the
Development Agreement, the following improvements shall be completed:
Buttertield 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.
Butterfield Stage Road - Dedicate full-width fight-of-way from the northem project
boundary to Murdeta Hot Spdngs Road.
713471.1 12/11/2002 43
4. Murrieta Hot Springs Road - Construct full-width improvements from east of
Pourroy Road at the northern project boundary to the MWD pipeline property.
5. Murrieta Hot Spdngs Road - Construct haft-width improvements from the MWD
pipeline property to Butterfield Stage Road,
6. Nicolas Road - Offer a dedication for a 110' right-of-way from Butterfield Stage
Road to the west project boundary.
7. Nicolas Road - Construct northerly half-width plus 10 feet from Butterfield Stage
Road to the westem project boundary.
8. South Loop Road - Construct southerly half-width in front of fire station (Planning
Area 32).
Prior to issuance of the 400~ building permit, the following improvements shall be
completed:
9. "A" Street - Construct full-width from Murrieta Hot Spdngs 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 bddge over and within Santa Gertrudis
Creek and connect the bddge to Buttedield Stage Road with full width
improvements.
12. Construct the following traffic signals and related intersection improvements:
a. Traffic signal at the intersection of Pourroy Road and Murrieta Hot
Springs Road.
b. Traffic signals may be required, as warranted, at the two other project
entrances from Murrieta Hot Spdngs Road located to the east and west of
the Pourroy Road main project entrance.
Otfslte
Prior to the issuance of the 1~ building perm/t, the following improvements shall be
completed:
1. North General Keamey Road at Nicolas Road traffic signal with the ultimate lane
configurations of: '
a. Northbound N General Keamey Rd: 1 Through Lane, 1 Right Tum Lane,
b. Southbound N General Keamey Rd: 1 Shared Left, 1 Through lane,
Right Turn Lane.
c. Eastbound Nicolas Rd: 1 Left Turn Lane, 2 Through Lanes, 1 Right Tum
Lane.
713471.1 12/11/2002 44
d. Westbound Nicolas Rd: I Left Turn Lane, 2 Through Lanes, I Right Tum
Lane.
These improvements am in addition to the existing improvements and lane
configurations and shall supplement not replace existing turning movements.
Pdor 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 westem
project boundary to 450' east of the existing Nicolas Road/Calle Girasol
intemection.
Secondary Access - The required secondary access for the Plateau area shall be
provided by one of the following options:
If Nicolas Road is designated as the secondary access route, the
following improvements shall be completed:
Construct 40' width on center 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 Buttedield 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:
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 intersectJon 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 southem project boundary at Planning Area 32 to
Rancho California Road, excluding any existing improvements.
The Developer shall contribute an undetermined pementage 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 12/11/2002 45
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 rum 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
Buttedield 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 bridges within and over Santa Gertrudis
Creek and Long Valley Wash.
Murrieta Hot Springs Road - Construct remaining half-width improvements from
the MWD pipeline property to Butterfield 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 Buttedield Stage Road
to western project boundary.
The developer shall construct the following traffic signals and related intersection
improvements:
a. Murrieta Hot Springs Road at Butterfield Stage Road.
b. Nicolas Road at Butterfield Stage Road.
c. Calle Chapos at Butterfield 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. (City has agreed to use an expected $2.7 million grant to
assist in the construction of this segment.)
713471.1 12/11/2002 46
o
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
Calle Girasol to its ultimate intersection with Nicolas Road including right-of-way
acquisition.
Calle Chapos - Construct 38' width on center .irnprovernents frorn Butterfield
Stage Road to the existing paved terminus at Walcott Lane.
Winchester Road at Nicolas Road traffic signal to be constructed with the
following ultirnate lane configurations:
a°
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.
C°
Eastbound Nicolas Road: I Left Tum Lane, I Through Lane, 1 Right
Tum Lane.
Westbound Nicolas Road: 3 Left Turn Lanes, 1 Through Lane, 1 Right
Turn Lane.
These improvements are in addition to the existing improvernents and lane
configurations and shall supplernent not replace existing turning movements.
Buttedield Stage Road at Rancho California Road traffic signal with the ultimate
lane configurations of:
a. Northbound BSR: 1 Left Turn Lane, 2 Through Lanes
b. Southbound BSR: I Left Turn Lane, 2 Through Lanes
c. Eastbound RCR: 2 Left Turn Lanes, 2 Through Lanes
d. Westbound RCR: 1 Left Tum Lane, 2 Through Lanes
These improvements are in addition to the existing irnprovements and
lane configurations and shall supplement not replace existing tuming
movements. (City has agreed to use an expected $2.7 rnillion grant to assist in
the construction of this segment.)
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.
713471.1 12/11/2002 47
o
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 12/11/2002 48
ATTACHMENT "6"
(RECREATION AMENITIES)
713471.1 12/11/2002 49
ATTACHMENT 6
RECREATION AMENITIES
In addition to the trail, park and recreation amenities described in the Specific
Plan, the following items shall also be provided.
The staffed entry gates shall contain all the amhitectural details and
materials shown to the City Council at the November 26, 2002 public
hearing on this project. These details and materials shall include the
cupolas and brass features represented by OWNER and as specified in
the Specific Plan.
713471.1 12/11,r2002 50 '
DEFINITIONS
GENERAL PROVISIONS
Binding Covenants
Interest of OWNER
Term
Termination
Transfers and Assignments
DEVELOPMENT PROVISIONS
Vesting
Reserved Authority
Ftuther Assurances to OWNER Regarding Exercise of Reserved Authority
Coasistent 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 IlvIPROVEMENTS
Public Facility Financing.Plan
Related Real Property Conveyances; Conditions to Development Agreement
INDEMNIFICATION
RELATIONSHIP OF PARTIES
PERIODIC REVIEW OF COMPLIANCE WITH AGREEMENT
Periodic Review
Good Faith Compliance
Failure to Conduct Annual Review
Initiation of Reyiew by City Council
Administration of Agreement
Availability of Documents
EVENTS OF DEFAULT: REMEDIES AND TERMINATION
Defaults by OWNER
Defaults by CITY
4
7
7
7
7
7
8
10
10
13
14
14
15
17
17
18
18
24
25
25
25
26
26
26
26
27
27
27
27
27
27
28
713471.1 12/11/2002 51
Specific Performance Remedy
Institution of Legal Action
Estoppel Certificates
WAIVERS AND DELAYS
No Waiver
Third Parties
Force Maje~e
Extensions
Notice of Delay
NOTICES
ATTORNEYS' FEES
RECORDING
EFFECT OF AGREEMENT ON TITLE
Effect on Title
Encumbrances and Lenders~ Rights
SEVERABIL1TY OF TERMS
SUBSEQUENT AMENDMENT TO AUTHORIZING STATUTE
RULES OF CONSTRUCTION AND MISCELLANEOUS TERMS
Interpretation and Governing Law
Section Heading~
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
29
29
30
30
30
30
30
30
30
31
31
32
32
32
33
33
33
33
33
33
33
34
34
34
34
34
34
34
35
35
713471.1 12/11/2002 52