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CALL TO ORDER
Flag Salute:
Roll Call:
PUBLIC COMMENTS
AGENDA
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
DECEMBER 3, 2003 - 6:00 P.M.
Next in Order:
Resolution: No. 2003-062
Chairperson Chiniaeff
Guerriero, Mathewson, Olhasso, Telesio and Chiniaeff
A total of 15 minutes is provided so members of the public may address the Commission
on items that are not listed on the Agenda. Speakers are limited to three (3) minutes
each. if you desire to speak to the Commission about an item not on the Agenda, a
salmon colored "Request to Speak" form should be filled out and filed with the
Commission Secretary.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the
Commission Secretary prior to the Commission addressing that item. There is a three
(3) minute time limit for individual speakers.
CONSENT CALENDAR
NOTICETO THEPUBLIC
All matters listed under Consent Calendar are considered to be routine and all will
be enacted by one roll call vote. There will be no discussion of these items unless
Members of the Planning Commission request specific items be removed from the
Consent Calendar for separate action.
1 A,qenda
RECOMMENDATION:
1.1 Approve the Agenda of December 3, 2003
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1
COMMISSION BUSINESS
PUBLIC HEARING ITEMS
Any person may submit written comments to the Planning Commission before a
public hearing or may appear and be heard In support of or In opposition to the
approval of the project(s) at the time of hearing. If you challenge any of the
projects In court, you may be limited to raising only those issues you or someone
else raised at the public hearing or In written correspondences delivered to the
Commission Secretary at, or prior to, the public hearing.
New Items
2
Plannin.q Application No. PA03-0565 A Development A.qreement between the City of
Temecula and North Plaza LLC for Service Commemially desi,qnated property located south
of the existin,q auto mall. The proiect will ensure the future expansion of the auto mall and
provide the City with the ri.qht-of-wa¥ for the extension of Rancho Way, Dave Ho.qan,
Principal Planner
RECOMMENDATION:
2.1 Adopt a resolution entitled:
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL APPROVE A NEGATIVE DECLARATION FOR A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
TEMECULA AND NORTH PLAZA, LLC REGARDING THE
AUTO MALL PROPERTIES, AND RECOMMENDING THAT THE
CITY COUNCIL APPROVE THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF TEMECULA AND NORTH PLAZA,
LLC REGARDING THE AUTO MALL PROPERTIES
(PLANNING APPLICATION NO. PA03-0565)
Plannin.q Application No. PA03-0434 Product Review of a 67-1ot sin.qle-family residential
subdivision (Lake Front Cottaqes, Phase 2 of the Harveston Specific Plan Plannin.q Area 3)
located in Tract 30669-2, south of Harveston Lake, east of Loop Road and west of Paseo
Park Trail, Sheila Powers, Associate Planner
RECOMMENDATION:
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4
3.1 Adopt a resolution entitled:
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA03-0434 PRODUCT REVIEW OF A 67-LOT SINGLE-
FAMILY RESIDENTIAL SUBDIVISION (LAKE FRONT
COTTAGES, PHASE 2 OF THE HARVESTON SPECIFIC PLAN
PLANNING AREA 3).
Plannin.q Application No. PA03-0432, PA03-0433, PA03-0435, and PA03-0436 Four product
reviews within the Harveston Specific Plan [{Tracts 30668; 30668-1, 30669-1 (Samsota);
30667, 30667-2 {Chatham); 30667-1, 30667-3 {St. Auqustine); 30668-2, & 30669-2 (Auburn
Ln.)] ,qenerally located south of Harveston Lake, north of Loop Rd. and east of Loop Road,
Sheila Powers, Associate Planner
RECOMMENDATION:
4.1 Adopt a resolution entitled:
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA03-0432 PRODUCT REVIEW OF A 109-LOT SINGLE-
FAMILY RESIDENTIAL SUBDIVISION (SARASOTA, PHASE 2
OF THE HARVESTON SPECIFIC PLAN PLANNING AREA 2).
4.2 Adopt a resolution entitled:
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA03-0433 PRODUCT REVIEW OF A 78-LOT SINGLE-
FAMILY RESIDENTIAL SUBDIVISION (CHATHAM, PHASE 2
OF THE HARVESTON SPECIFIC PLAN PLANNING AREA 1).
4.3 Adopt a resolution entitled:
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA03-0435 PRODUCT REVIEW OF A 93-LOT SINGLE-
FAMILY RESIDENTIAL SUBDIVISION (ST. AUGUSTINE,
PHASE 2 OF THE HARVESTON SPECIFIC PLAN PLANNING
AREA 1)
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4.4 Adopt a resolution entitled:
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA03-0436 PRODUCT REVIEW OF A 119-LOT SINGLE-
FAMILY RESIDENTIAL SUBDIVISION (AUBURN LN. PHASE 2
OF THE HARVESTON SPECIFIC PLAN PLANNING AREA 2).
COMMISSIONER'S REPORTS
PLANNING DIRECTOR'S REPORT
ADJOURNMENT
Next regular meeting:
Council Chambers
43200 Business Park Drive
Temecula, CA 92590
December 17, 2003
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ITEM #2
/
Date of Meeting:
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
December 3, 2003
Prepared by: David Hogan
Title: Principal Planner
File Number PA03-0565
Application Type: Development Agreement
Project Description:
A Development Agreement between the City of Temecula and North
Plaza LLC for Service Commercially designated property located south
of the existing auto mall. The project will ensure the future expansion
of the auto mall and provide the City with the right-of-way for the
extension of Rancho Way.
Recommendation:
(Check One)
[] Approval with Conditions
[] Deny
[] Continue for Redesign
[] Continue to:
[] Recommend Approval
[] Recommend Denial
CEQA:
(Check One)
[] Categorically Exempt (Class)
[] Negative Declaration
[] Mitigated Negative Declaration with Monitoring Plan
[] EIR
R:~D A~Auto Mail. taft Rerport PC.doc
PROJECT DATA SUMMARY:
Applicant:
Completion Date:
City of Temecula
Not Applicable
Mandatory Action Deadline Date: Not Applicable
General Plan Designation: Service Commemial
· Zoning Designation: Service Commemial
Site/Surrounding Land Use:
Site: Vacant
North: Auto Mall
South: Commercial
East: Commemial and Vacant
West: interstate 15
Lot Area:
Total Floor Area/Ratio
Landscape Area/Coverage
Parking Required/Provided
Not Applicable
Not Applicable
Not Applicable
Not Applicable
BACKGROUND SUMMARY:
The project consists of a Development Agreement between the City of Temecula and North
Plaza LLC to ensure the future expansion of the Temecula Auto Mall along Ynez Road and
provide the right-of-way for the extension of Rancho Way. Rancho Way is a General Plan level
roadway that will connect Diaz and Margarita Roads. This General Plan roadway will parallel
Rancho California Road providing a route for local traffic to cross Interstate 15. The specific deal
points for this Development Agreement are described below.
In this proposed Development Agreement the Owner agrees to do the following:
To limit development north of the Empire Creek channel (including for the parcel at the
southwest corner of Rancho Way and Ynez Road) to automobile sales-related uses
consistent with the Service Commercial Zone.
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2
To install the necessary stream channel improvements that are needed for the future
development of these sites. (Improvements not needed to develop these properties and
related to the future construction of Rancho Way will be the responsibility of the City of
Temecula.)
To pay Development Impact Fee (DIF) and Transportation Uniform Mitigation Fee as
development occurs. A DIF credit for medians is authorized for any median improvements
completed as well as for the future Rancho Way traffic signal.
4. To install all onsite improvements and traffic signals.
5. To dedicate right-of-way for Rancho Way and Empire Creek.
6. To process and record a lot line adjustment.
In this proposed development agreement the City of Temecula agrees to do the following:
1. To freeze the DIF at current (July, 2003) levels until July 1, 2006.
To void the existing Subdivision Improvement Agreement. (The infrastructure
improvements required by the subdivision agreement are being addressed through the
provisions of the Development Agreement.)
3. City will do any additional improvements to the Empire Creek channel, if necessary, for the
construction of Rancho Way.
A copy of the draft Development Agreement is contained in Attachment No. 2.
ANALYSIS
Staff has reviewed the adopted General Plan and has determined that the proposed Agreement
is consistent with the General Plan. Specifically the proposed Agreement implements the
Circulation and Economic Development Elements through the dedication of the right-of-way for
the extension of Rancho Way and the continued expansion of the auto mall that generates sales
tax revenues for the City.
ENVIRONMENTAL DETERMINATION
An Initial Environmental Study (lES) checklist was prepared for this project. Based upon the
analysis contained in the checklist, a Negative Declaration was prepared. The project is very
general in nature does not approve specific development that is not already allowable by the
General Plan, Development Code, and approved Parcel Map 23496. When specific
development proposals are submitted, the detailed projects will receive appropriate
environmental review. The lES and Notice of Intent to Adopt a Negative Declaration was
circulated for public review between November 20 and December 16, 2003. A copy of the Initial
Study Checklist is contained in Attachment No. 3. As a result, staff is recommending that a
Negative Declaration be adopted for this project.
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CONCLUSION/RECOMMENDATION:
The proposed Development Agreement will enable the expansion of the Temecula Auto Mall.
Staff has prepared an Initial Study, which indicated that the project will have no impacts on the
environment. As a result, staff recommends that the Planning Commission recommend that the
City Council adopt an ordinance approving the Negative Declaration and the proposed
Development Agreement with North Plaza LLC.
FINDINGS
The Development Agreement is consistent with the objectives, policies, general land uses,
and programs specified in the City of Temecula General Plan in that the Development
Agreement makes reasonable provision for the use of certain real property for commercial
development; and,
The Development Agreement is compatible with the uses authorized in, and the
regulations prescribed for the zoning district in which the Property subject to the
Development Agreement is located, and that this Development Agreement is consistent
with good planning practices by providing for the opportunity to develop the Property
consistent with the General Plan; and,
The Development Agreement is in conformity with the public convenience, general welfare,
and good land use practice and makes reasonable provision for a balance of land uses
compatible with the remainder of the City; and;
The Development Agreement will not be detrimental to the health, safety, or general
welfare because it provides adequate assurances for the protection thereof.
ATTACHMENTS
PC Resolution 2003- of Approval - Blue Page 5
Draft Development Agreement - Blue Page 9
Initial Study- Blue Page 10
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ATI'ACHMENT NO. 1
PC RESOLUTION NO. 2003-
R:'~D AkAuto MallXStaff Rc'apofi PC.doc
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PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL APPROVE A NEGATIVE DECLARATION FOR A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
TEMECULA AND NORTH PLAZA, LLC REGARDING THE
AUTO MALL PROPERTIES, AND RECOMMENDING THAT THE
CITY COUNCIL APPROVE THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF TEMECULA AND NORTH PLAZA,
LLC REGARDING THE AUTO MALL PROPERTIES
(PLANNING APPLICATION NO. PA03-0565)
THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. Procedural History. The Planning Commission of the City of Temecula
does hereby find, determine and declare that:
A. On December 18, 1990, the City Council approved Parcel Map No. 23496 for the
subdivision of 42 acres of property for commercial purposes, which property is generally located
on the west side of Ynez Road, north of the Empire Creek Channel, and south of the existing
auto mall (the "Property"). Parcel Map No. 23496 was subsequently recorded on December 21,
2003. The conditions of approval for Parcel Map No. 23496 require the construction of certain
on-site and off-site public improvements on the Property. On August 13, 1996, North Plaza,
LLC ("Owner") entered into a revised Subdivision Improvement Agreement with the City and the
City accepted substitute surety bonds for the completion of the improvements.
B. In accordance with the procedures specified in City Resolution 91-52 and the
Development Code, Owner filed Planning Application No. 03-0565 with the City for approval of a
development agreement regarding the Property ("Development Agreement").
C. 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.
D. On December 3, 2003, the Planning Commission held a duly noticed public
hearing to consider the Negative Declaration regarding the Development Agreement and the
proposed Development Agreement.
Section 2. Environmental Findinqs. The Planning Commission makes the following
environmental findings and determinations in connection with the Project:
R:',D A~Auto MallXStaff Rerport PC.doc
6
A. Pursuant to California Environmental Quality Act ("CEQA") and the City's local
CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of
the approval of the Development Agreement (the "Project"). Based upon the findings contained
in that Study, City staff determined that there was no substantial evidence that the Project could
have a significant effect on the environment and a Negative Declaration was prepared.
B. Thereafter, City staff provided public notice of the public comment period and of
the intent to adopt the Negative Declaration as required by law. The public comment period
commenced on November 20, 2003 and expired on December 16, 2003. Copies of the
documents have been available for public review and inspection at the offices of the Department
of Community Development, located at City Hall, 43200 Business Park Drive, Temecula,
California 92589.
C. The Planning Commission has reviewed the Negative Declaration and all
comments received prior to and at the December 3, 2003 public hearing regarding the Negative
Declaration. The Project and the Negative Declaration were considered at the duly noticed
public hearing scheduled for the Project.
D. The Planning Commission has reviewed the Negative Declaration and all
comments received regarding the Negative Declaration prior to and at the December 3, 2003
public hearing, and based on the whole record before it, finds that: (1) the Negative Declaration
was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will
have a significant effect on the environment; and (3) the Negative Declaration reflects the
independent judgment and analysis of the Planning Commission.
Section 3. Findings. The Planning Commission further finds, determines and
declares that:
A. In consideration of the substantial public improvements and benefits to be
provided by Owner and the Project, and in order to strengthen the public financing and planning
process and reduce the economic costs of development, the City intends, by way of the
Development Agreement, to give assurance to the Owner 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, 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 implements the goals and policies of the City's
General Plan, provides balanced and diversified land uses, and imposes 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 studied and reviewed of the potential impacts of the Project as well
as the various potential benefits to the City by the development of the Project and concludes
that the Project is in the best interests of the City 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 constitutes a present valid exemise 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 Resolution have occurred.
Section 4. Based on the findings set forth in Section 2 of this Resolution, the
Planning Commission hereby recommends that the City Council adopt the Negative Declaration
prepared for the Project.
Section 5. Based on the findings set forth in Section 3 of this Resolution, the
Planning Commission hereby recommends that the City Council approve the Development
Agreement substantially in the form contained in Attachment "A," attached hereto and
incorporated herein by this reference as though set forth in full.
Section 6. The Secretary of the Planning Commission shall cause this Resolution
City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance
and shall cause the same to be published in the manner required by law.
PASSED, APPROVED AND ADOPTED this 3rd day of December 2003.
Dennis Chinieaff, Chairperson
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that the PC Resolution No. 2003- was duly adopted by the Planning Commission of the City
of Temecula at a regular meeting thereof, held on the 3rd day of December, 2003 by the
following vote of the Commission:
AYES:
0 PLANNING COMMISSIONERS:
NOES:
0 PLANNING COMMISSIONERS:
ABSENT: 0 PLANNING COMMISSIONERS:
ABSTAIN: 0 PLANNING COMMISSIONERS:
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ATI'ACHMENT 2
DRAFT DEVELOPMENT AGREEMENT
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
Attn: City Clerk
Exempt from recording fees pursuant to Govt. Code Section 27383
(Space above for recorder's use)
DEVELOPMENT AGREEMENT
AUTO MALL PROPERTIES
THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of
,2003 ("Agreement Date"), by and between NORTH PLAZA, LLC, a
California limited liability company (hereinafter "OWNER"), and the CITY OF TEMECULA, a
municipal corporation, organized and existing under the'iaws of the State of California
(hereinafter "CITY"), pursuant to the authority of Sections 65864 through 65869.5 of the
California Government Code (the "Development Agreement Legislation") and Article XI,
Section 2 of the California Constitution.
RECITALS
This Agreement is predicated upon the following facts:
A. These Recitals refer to and utilize certain capitalized terms which are defined in
this Agreement. The parties intend to refer to those definitions in conjunction with the use
thereof in these Recitals.
744368.8 November 21, 2003 - 1 -
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 resources and the escalation in the cost of
development to the consumer; provide assurance to the applicants for development projects that
they may proceed with their projects in accordance with defined policies, roles and regulations
and subject to conditions of approval, in order to strengthen the public planning process and
encourage private participation in comprehensive planning and reduce the private and public
economic costs of development; and provide for economic assistance to OWNER for the
entitlements authorizing development related improvements.
C. OWNER is the OWNER of certain mai property within the CITY of Temecula,
the County of Riverside, State of California (the "Property"), as more particularly described in
Exhibit "A" attached hereto and made a part hereof. The Property is approximately forty-two
(42) acres. Exhibit A shows the current parcels on the Property as well as the proposed parcels
for the Property. OWNER desires to develop the Property in accordance with the provisions of
this Agreement, the applicable regulations of the CITY of Temecula and those regulations of
other agencies exercising jurisdiction upon the project.
D. On December 18, 1990, the CITY Council of the City of Temecula approved
Parcel Map No. 23496, which was recorded on December 21, 1990. The conditions of approval
for Parcel Map 23496 require the construction of certain on-site and off-site public
improvements. On August 13, 1996, the OWNER entered into a revised Subdivision
Improvement Agreement and the City accepted substitute surety bonds for the completion of the
Improvements.
E OWNER has applied for, and the CITY has granted, this Agreement in order to
create a beneficial project and a physical environment that will conform to and complement the
goals of the CITY, create a development project sensitive to human needs and values, facilitate
efficient traffic circulation, and provide for the development of the Property in accordance with
the best interests of the City.
F. The following actions were taken with respect to this Agreement and the Project:
1. On , following a duly noticed and conducted public
hearing, the CITY Planning Commission recommended that the CITY Council approve this
Agreement;
2. On , after a duly noticed public hearing and pursuant to
CEQA, the CITY Council adopted the Negative Declaration for this Agreement and the Project;
3. On , after a duly noticed public hearing, the CITY
Council determined that the provisions of this Agreement are consistent with the General Plan of
the CITY;
744368.8 November 21, 2003 - 2 -
4. On , after a duly noticed public hearing, the CITY
Council introduced Ordinance No. __. approving and authorizing the execution of this
Agreement and on , the CITY Council adopted the Ordinance, a copy of which
is on file in the City Clerk's Office at the CITY, and adopted the findings and conditions
pertaining thereto, including those relating to the environmental documentation for the Project.
G. The CITY has engaged in extensive studies and review of the potential impacts of
the Project as well as the various potential benefits to the CITY by the development of the
Project and concluded that the Project is in the best interests of the CITY. As part of the process
of granting this entitlement, the CITY Council of the CITY (hereinafter the "CITY Council") has
required the preparation of an environmental review and has approved the Negative Declaration
as regards the Development and has otherwise carded out all requirements of the California
Environmental Quality Act ("CEQA") of 1970, as amended.
H. In consideration of the public improvements and beneficial uses of the Property to
be provided by OWNER for the City and the Project and in order to strengthen the planning
process for this unique project and reduce the economic costs of development, by this
Agreement, the CITY intends to give OWNER assurance that OWNER can proceed with the
development of the Project for the Term of this Agreement pursuant to the terms and conditions
of this Agreement and in accordance with the C1TY'S General Plan, ordinances, policies, roles
and regulations as provided in this of this Agreement. 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 costs in site preparation and the construction and installation of major
infrastructure and facilities in order to make the Project feasible.
I. Pursuant to Section 65867.5 of the Development Agreement Legislation, the
CITY Council has found and determined that: (i) this Agreement and the Existing Project
Approvals implement the goals and policies of the CITY's General Plan, provide balanced and
diversified land uses and impose appropriate standards and requirements with respect to land
development and usage in order to maintain the overall quality of life and the environment within
the CITY, (ii) this Agreement is 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 exercise of the CITY's police
power; and (iv) this Agreement is being entered into pursuant to and in compliance with the
requirements of Government Code Section 65867 of the Development Agreement Legislation.
AGREEMENT
NOW, THEREFORE, pursuant to the authority contained in the Development
Agreement Legislation, as it applies to the CITY, pursuant to Article XI, Section 2 of the
California Constitution, and in consideration of the foregoing recitals of fact, all of which are
expressly incorporated into this Agreement, the mutual covenants set forth in this Agreement and
for the further consideration described in this Agreement, the parties agree as follows:
744368.8 November 21, 2003 - 3 -
1. Definitions.
The following words and phrases are used as defined terms throughout this Development
Agreement and each defined term shall have the meaning set forth below.
1.1. Authorizing Ordinance. The "Authorizing Ordinance" means Ordinance No. 03-
approving this Agreement.
1.2. CITY. The "CITY" means the City of Temecula, a California municipal
corporation, duly organized and existing under the Constitution and laws of the State of
California, and all of its officials, employees, agencies and departments.
1.3. City Council. "City Council" means the duly elected and constituted City council
of the CITY.
1.4. Development. "Development" means the improvement of the Property for
purposes consistent with this Agreement, including, without limitation: grading, the construction
of infrastructure and public facilities related to the off-site improvements and on-site
improvements, the construction of structures and buildings and the installation of landscaping.
1.5. Development Agreement Legislation. The "Development Agreement Legislation"
means Sections 65864 through 65869.5 of the California Government Code as it exists on the
Effective Date.
1.6. Effective Date. "Effective Date" means the date the Authorizing Ordinance
becomes effective.
1.7. Future Development Approvals. "Future Development Approvals" means those
entitlements and approvals contemplated, necessary, and requested by the CITY or OWNER to
cause development to occur upon the Property after the Effective Date.
1.8. Off-site Improvements. "Off-site Improvements" means the improvements set
forth on Exhibit E as more specifically described in Section 3.1.2.12 of this Agreement.
1.9.On-site Improvements. "On-site Improvements" means physical infrastructure
improvements or facilities that are or will be located on the Property as described in Section
3.1.2.11 of this Agreement. Certain On-site Improvements may be specifically addressed in this
Agreement, which are identified on Exhibit C. All others will be dependent upon the
development of the Property and the requirements of Future Development Approvals.
1.10. OWNER. "OWNER" is initially NORTH PLAZA, 1 J.C, a California limited
liability company, and all successors in interest, in whole or part, to this entity.
1.11. Street and Right-of-Way Improvements. "Street and Right-of-Way
Improvements" shall mean, and include, but not limited to, all required pavement, base, curb,
744368.8 November 21, 2003 - 4 -
gutter, sidewalk, street lights, irrigation, landscaping, fire hydrants, utilities, and all other
routinely required improvements within public rights-of-way.
1.12. Transferee. The person to whom the OWNER sells, assigns or otherwise
transfers all or any portion of OWNER'S interests in the Property together with all its right, title
and interest in this Agreement, or the portion thereof which is subject to transferred portion of
the Property in accordance with Section 2.5 of this Agreement.
2. General Provisions.
2.1. Binding Covenants. 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 and all
successors in interest to the parties hereto.
2.2. Interest of Owner. OWNER represents that OWNER has a legal interest in the
Property that satisfies California Government Code Section 65865(b).
2.3. Term. This Agreement shall become effective on the Effective Date, and shall
have a term (the "Term") of ten (10) consecutive calendar years. The Term shall commence on
the Effective Date of this Agreement and shall terminate at 11:59 p.m. of the day preceding the
tenth (10th) anniversary of the commencement of the Term, subject to specific extensions,
revisions, and termination provisions of this Agreement.
2.4. Termination. This Agreement may be terminated by either party upon notice to
the other upon the occurrence of any of the following events:
2.4.1 If termination occurs pursuant to any specific provision of this
Agreement;
2.4.2 Entry after all appeals have been exhausted of a final judgment or issuance
of a final order directed to the CITY as a result of any lawsuit filed against the CITY to
set aside, withdraw, or abrogate the approval of the CITY Council of this Agreement for
any part of the Project.
2.4.3 The lapse of the Term as set forth in Section 2.3.
2.4.4 The termination of this Agreement shall not affect any right or duty arising
independently from entitlements issued by the CITY or other land use approvals approved
prior to, concurrently or subsequent to the approval of this Agreement, except as may be
provided in this Agreement.
2.5. Transfers and Assignments.
2.5.1. OWNER shall not sell, assign or otherwise transfer all or any portion of
744368.8 November 21, 2003
its interests in the Property together with ail its right, title and interest in this Agreement, or the
portion thereof which is subject to transferred portion of the Property (the "Transferred
Property"), to any person ('~rransferee") during the Term of this Agreement unless the CITY has
approved the transfer prior to its completion. CITY shail not unreasonably withhold consent to
the transfer provided that: (1) The Transferee has specifically assumed in writing the
obligations, or a portion of the obligations of the Owner, to design, construct, install and finally
complete the On-Site and Off-Site Public Improvements for the Property; (2) the Transferee has
the experience and financiai capacity to complete the On-Site and Off-Site Public Improvements,
or a portion thereof required by this Agreement and the Future Approvals; (3) the proposed
Transferee has duly approved and signed replacement Subdivision Agreements for the On-Site
and Off-Site Public Improvements; and (4) the proposed Transferee has obtained replacement
bonds, accepted by the CITY for the On-Site and Off-Site Public Improvements for which it will
be responsible. In the event of any sale, assignment, or other transfer pursuant to this Section
2.5, (i) OWNER shall notify the CITY within twenty (20) days prior to the transfer of the name
of the transferee, together with the corresponding entitlements being transferred to such
transferee and (ii) the agreement between OWNER and transferee pertaining to such transfer
shall provide that the transferee shail be liable for the performance of those obligations of
OWNER under this Agreement which relate to the Transferred Property, if any, or shall confirm
that the OWNER shall remain liable for the On-Site and Off-Site Improvements.
2.5.2. Rights and Duties of Successors and Assigns. Any, each and all and
assigns of OWNER shail have ail of the same rights, benefits, duties and obligations of OWNER
under this Agreement.
2.6. Amendment of Development Agreement.
2.6.1. Initiation of Amendment. Any party may propose an amendment to this
Agreement and both parties agree that it may be beneficial to enter into additional agreements or
modifications of this Agreement in connection with the implementation of the separate
components of the Project.
2.6.2. Procedure. Except as set forth in Section 2.6.4 below, the procedure for
proposing and adopting an amendment to this Agreement shail be the same as the procedure
required for entering into this Agreement in the first instance.
2.6.3. Consent. Except as expressly provided in this Agreement, any amendment
to this Agreement shall require the written consent of both parties. No amendment to all or any
provision of this Agreement shail be effective unless set forth in writing and signed by duly
authorized representatives of each of the parties.
2.6.4. Operating Memoranda. The parties acknowledge that refinements and
further development of the Project may demonstrate that changes are appropriate with respect to
the details and performance of the parties under this Agreement. The parties desire to retain a
certain degree of flexibility with respect to the details of the Development Plan and with respect
to those items covered in general terms under this Agreement. If and when the parties mutually
744368.8 November 21, 2003 - 6 ~
find that changes, adjustments, or clarifications are appropriate to further the intended purposes
of this Agreement, and such are not inconsistent with the Development Plan 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 parties, which, after execution, shall be attached hereto as addenda and become a part hereof
and may be further changed and amended from time to time as necessary, with further approval
by 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. Unless otherwise required by law or by this Agreement, no such changes, adjustments,
or clarifications shall require prior notice or hearing, public or otherwise.
3. Development of the Property.
3.1.Development and Control of Development.
3.1.1. Development of the Property. While this Agreement is in effect,
OWNER shall have the vested right to develop the Property pursuant to and in accordance with
the Applicable Regulations pursuant to this Agreement, including, without limitation, specific
uses, densities, and types of development provided for in the Applicable Regulations, and the
CITY shall have the right to control the Development in accordance with the terms and
conditions of this Agreement and all Applicable Regulations. Except as otherwise specified in
this Agreement, the Applicable Regulations shall control the design and development, Future
Development Approvals and all On-Site Improvements and Off-Site Improvements and
appurtenances in connection therewith.
3.1.2 Applicable Regulations. The regulations applicable to the development
of the Property shall consist of the following requirements ("Applicable Regulations"):
3.1.2.1 Parcels A, B,C, D, E, F, G, H and I. Proposed Parcels A, B,
C, D, E, F, G, H and I, as designated on Exhibit A to this Agreement as the "Proposed
Parcels," shall be developed for uses limited to the sale of new motor vehicles along with
the ancillary uses of (1) servicing and repair of motor vehicles and (2) sales of pre-owned
motor vehicles and motor vehicle parts. Notwithstanding the provisions of Chapter 17.08
of the Temecula Municipal Code, no other uses shall be allowed on Proposed Parcels A,
B, C, D, E, F, G, H and I, unless otherwise approved by this Agreement. In addition to
motor vehicle sales uses described in this sub paragraph, such parcels shall be subject to
the requirements for the Service Commercial Zone as set forth in Chapter 17.08 of the
Temecula Municipal Code as said Code exists on the date the application for approval of
a development on a parcel of the Property is deemed complete by the City.
3.1.2.1.1 Upon the effective date of this Agreement, new
motor vehicles may be stored on Proposed Parcels D and E and a portion of
Proposed Parcel A provided that: (1) the new motor vehicles stored there are for
ultimate sale by a new motor vehicle dealership located within the City of
Temecula, (2) all applicable permits are obtained, and (3) all applicable
744368.8 November 21, 2003 - 7 -
development standards of the City for vehicle parking areas are fulfilled. The
portion of Proposed Parcel A on which motor vehicles may be stored is that
portion which is used by the adjacent motor vehicle dealer existing on the
effective date of this Agreement.
3.1.2.2 Proposed Parcel J, K and L on Property. Proposed Parcel J
(shown on Exhibit A) shall only be developed for the uses allowed by the "Service
Commercial Zone." Those portions of the Proposed Parcels K and L laying south of the
proposed Rancho Way shall only be developed for uses allowed by the Community
Commercial zone. Each area shall be subject to the requirements of said zones as set
forth in Chapter 17.08 of the Temecula Municipal Code as said Code exists on the date
the application for approval of a development on a parcel of the Property is deemed
complete by the City.
3.1.2.3 Uniform Building Codes. Development of the Property shall
be subject to such uniform building codes and the tim codes as may be adopted by the
CITY pumuant to Chapter 15.04 and 15.16, in effect as of the date of the approval of the
building permit.
3.1.2.4 Parcel Map. Except as provided in this Agreement, OWNER
shall develop the Property in accordance with the requirements of Parcel Map No. 23496,
recorded in the Official Records of Riverside County on December 21, 1990.
3.1.2.5 General Development Regulations. Except as otherwise
specified in this Agreement the ordinances, roles, regulations and official policies
governing the permitted uses of the Property, the density and intensity of use of the
Property, the provisions for reservation or dedication of land for public purposes and the
design, improvement and construction standards and specifications applicable to
Development of the Property shall be those ordinances roles, regulations and official
policies as they exist on the date the application for approval of a development on a
parcel of the Property is deemed complete by the City. OWNER acknowledges and
agrees that CITY may develop and implement specific design regulations for signage,
landscaping and other physical requirements unique to automobile dealerships which will
be applied to development on the Property.
3.1.2.5. Subsequent Approvals. In connection with any
subsequent approval or action which the CITY is permitted or has the right 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 this Agreement and such other
standards, terms and conditions contained in this Agreement.
3.1.2.7. Development Impact Fees. The presently adopted
Development Impact Fees ("DllW'), as defined in Chapter 15.04 of the Temecula
Municipal Code, and the rates of the DIF as set forth in Resolution No. , shall be
the D1F to be imposed and the DIF rates to be imposed upon parcels within the Property
744368.8 November 21,2003 - 8 -
which are developed for the sale of new vehicles for which a building permit is issued
prior to July 1, 2006. The DIF and the DIF rates shall apply only to the City's
development impact fees and not to the TUMF fees described in Section 3.1.2.8of this
Agreement, the proposed Multi-Species Habitat Conservation Fee, the K-Rat fees or to
any other development impact fees imposed by another governmental agency. Developer
shall be entitled to such credits as might be available pursuant to the terms of Chapter
15.04 or other provisions of this Agreement.
3.1.2.8. TUMF Fees. The presently adopted Transportation Uniform
Mitigation Fee, as defined in Chapter 15.08 of the Temecula Municipal Code shall be
imposed upon development within the Property at the rate in effect as of the date of
issuance of each building permit for the Property. Developer shall be entitled to such
credits as might be available pursuant to the terms of Chapter 15.08.
3.1.2.9. Future Development Fees. Any fees adopted by the CITY, as
defined in Government Code Section 66000(b), shall be applied to development on the
Property in such amount as is in effect at the time of issuance of building permits for the
property.
3.1.2.10. Future Development Approval Fees/Processing and
Application. OWNER shall pay the application and processing fees customarily imposed
on the type of entitlement sought at the rate, and in the amount, imposed by CITY
pursuant to the fee schedule, resolution or ordinance in effect at the time the application is
deemed complete and accepted by CITY for action.
3.1.2.11. On-Site Public Improvements. OWNER shall, at its sole cost
and expense, design, construct, install, and finally complete the on-site public
improvements described on Exhibit C ("On-Site Public Improvements"). The design,
construction, installation and final completion of the on-site public improvements shall be
pursuant to the requirements set forth in the "CITY of Temecula Subdivision
Improvement Agreement (On-Site and Off-Site Improvements)" set forth in Exhibit D.
Except as otherwise provided in this Agreement, the On-Site Public Improvements shall
be completed within twelve (12) months following the Effective Date. North Plaza Drive
shall be completed prior to the issuance of the first Certificate of Occupancy for a
building on Proposed Parcels A, E, F, or G. Park Plaza Lane shall be completed prior to
the issuance of the first Certificate of Occupancy for a building on Proposed Parcels B, C,
or D. The City Manager may extend the time for completion of the On-Site Public
Improvements. Exhibit D sets forth the standard conditions and terms of the City's
Subdivision Improvement Agreement which are approved as part of this Development
Agreement. The parties agree negotiate in good faith estimated construction costs of the
On-Site Subdivision Improvements described in Exhibit C and the Off-Site Subdivision
Improvements described in Exhibit E. The City Council shall formally approve the
revised Subdivision Improvement Agreement (On-Site and Off-Site Improvements) with
the agreed upon cost estimates and accept the bonds for such improvements.
744368.8 November 21, 2003 - 9 -
3.1.2.12. Off-Site Public Improvements. OWNER shall, at its sole cost
and expense, design, construct, install, and finally complete the off-site public
improvements described on Exhibit E ("Off-Site Public Improvements"). The design,
construction, installation and final completion of the off-site public improvements shall
be pursuant to the requirements set forth in the "CITY of Temecula Subdivision
Improvement Agreement (On-Site and Off-Site Improvements)" set forth in Exhibit D.
Except as otherwise provided in this paragraph, the Off-Site Public Improvements shall
be completed within twelve (12) months following the Effective Date. The traffic signal
at the intersection of Ynez Road and North Plaza Drive, adjacent to Proposed Parcel F, as
shown on Exhibit E, shall be constructed and installed prior to the first Certificate of
Occupancy for the Property, unless otherwise deferred in writing by the Director of Public
Works. The City shall contribute the sum of forty-five thousand dollars ($45,000.00)
for the construction of the signal adjacent to Proposed Parcel F. A building permit for
Proposed Parcels J and K shall not be issued until such time as the raised landscaped
median for Ynez Road is completed and the right of way for the Rancho Way and the
Empire Creek Box Culvert is conveyed to the City. The City Manager may extend the
time for completion of the Off-Site Public Improvements. Exhibit D sets forth the
standard conditions and terms of the City's Subdivision Improvement Agreement which
are approved as part of this Development Agreement. The parties agree negotiate in good
faith estimated construction costs of the On-Site Subdivision Improvements described in
Exhibit C and the Off-Site Subdivision Improvements described in Exhibit E. The City
Council shall formally approve the revised Subdivision Improvement Agreement (On-
Site and Off-Site Improvements) with the agreed upon cost estimates and accept the
bonds for such improvements.
3.1.2.13. Termination of Prior Subdivision Improvement Agreement.
That certain "CITY of Temecula Subdivision Improvement Agreement" between the
CITY of Temecula and North Plaza, LLC," dated as of August 13, 1996, is hereby
terminated upon the occurrence of all of the following conditions: (1) This Agreement
becomes effective on the Effective Date; (2) OWNER has duly executed the Subdivision
Improvement Agreement (On-Site and Off-Site Improvements) set forth on Exhibit F and
described in Sections 3.1.2.11 and 3.1.2.13 and City approves and executes said
agreement; and (3) the CITY has accepted the Subdivision Performance Bond and the
Labor and Materials Bond for the On-Site Public Improvements and the Off-Site Public
Improvements as required by the Subdivision Improvement Agreement (On-Site and Off-
Site Improvements). Upon the termination of said "CITY of Temecula Subdivision
Improvement Agreement" between the CITY of Temecula and Noah Plaza, LLC," dated
as of August 13, 1996, the CITY Engineer shall release bond numbers 148 41 89, 148 41
90, 148 41 91, and 148 41 92 issued by Insurance Company of the West.
3.1.2. Timing of Development. Except as set forth in Agreement,
regardless of any future enactment, by initiative, or otherwise, OWNER shall have the
discretion to develop the Property in one phase or in multiple phases at such times as
OWNER deems appropriate within the exercise of its subjective business judgment and
as the same is in accordance with the Development Plan. Specifically, the CITY agrees
744368.8 November 21, 2003 - 10 -
that OWNER shall be entitled to apply for and receive permits, maps, occupancy
certificates and other entitlements to develop and use the Property at any time, provided
that such application is made in accordance with this Agreement and the Existing
Regulations. The parties hereto expressly reject the holding of Pardee Construction
Company v. CITY of Camarillo, 37 Cal.3d 465 (1984), as regards any authority
regulating the phasing of the Development and authorize the phasing of the construction
on the Property to be consistent with the Development Plan.
3.1.3. Entitlements, Permits and Approvals - Cooperation.
3.1.3.1. Further Mitigation. In connection with the
completion of the Project, OWNER shall be responsible for the satisfaction of any
mitigation measures that depend on, act upon, or relate to Future Development
Approvals.
3.1.3.2. Other Permits. The CITY further agrees to reasonably
cooperate with OWNER, at no cost to CITY, in securing any County, State and
Federal permits or authorizations which may be required in connection with
development contemplated by the Development Plan. This cooperation shall not
entail any economic contribution by the CITY.
3.2. Reserved Authority.
3.2.1. State and Federal Laws and Regulations. In the event that State or
Federal laws or regulations prevent or preclude compliance with one or more of the
provisions of this Agreement, such provisions of this Agreement shall be modified or
suspended as may be necessary to comply with such state or federal laws or regulations;
provided, however, that this Agreement shall remain in full force and effect to the extent
it is not inconsistent with such laws or regulations and to the extent such laws or
regulations do not render such remaining provisions impractical to enforce.
Notwithstanding the foregoing, the CITY shall not adopt or undertake any regulation,
program or action, or fail to take any action which is inconsistent or in conflict with this
Agreement until the CITY makes a finding that such regulation, program action or
inaction is required (as opposed to permitted) to comply with such State and Federal laws
or regulations after taking into consideration all reasonable alternatives.
3.2.2. Regulation for Health and Safety. Notwithstanding anything to
the contrary in this Agreement, the CITY shall have the right to apply the CITY
regulations (including amendments to the Existing Regulations) adopted by the CITY
after the Effective Date, in connection with any Future Development Approvals, or deny,
or impose conditions of approval on, any Future Development Approvals in the CITY's
sole discretion if such application is required to protect the physical health and safety of
existing or future occupants of the Property, or any portion thereof or any lands adjacent
thereto.
744368.8 November 21, 2003 - 11 -
3.3. Vested Right. By entering into this Agreement and relying thereupon, OWNER is
obtaining the vested rights to proceed with the development of the Property in accordance with
the terms and conditions of this Agreement. By entering into this Agreement and relying
thereupon, the CITY is securing certain public benefits which enhance the public health, safety
and welfare, a partial listing of which benefits is set forth in Section 4.1. The CITY therefore
agrees to the following:
3.3.1. No Conflicting Enactments. Except as provided in Section 3.3 of
this Agreement, neither the CITY Council nor any other agency of the CITY shall enact a
role, regulation, ordinance or other measure (collectively "law") applicable to the
Property which is inconsistent or in conflict with the terms of this Agreement. Any law,
whether by specific reference to the Development Agreement or otherwise, shall be
considered to conflict if it has any of the following effects:
(i) Limits or reduces the density or intensity of the
Development as regulated by the Applicable Regulations or otherwise requires
any reduction or increase in the number, size or square footage of lot(s),
structures, buildings or other improvements, except as provided in Section 3.2; or
(ii) Applies to the Property, but is not uniformly applied by the
C1TY to all substantially similar development within the CITY, except as
provided in Section 3.2.
3.3.2. Initiative Measures. It is the intent of OWNER and the CITY that
no moratorium or other limitation (whether relating to the development of all or any part
of the Project and whether enacted by initiative or otherwise) affecting parcel or
subdivision maps (whether tentative, vesting tentative or final), site development permits,
precise plans, site development plans, building permits, occupancy certificates or other
entitlements to use approved, issued or granted within the CITY, or portions of the CITY,
shall apply to the Project to the extent such moratorium or other limitation would restrict
OWNER's right to develop the Property as provided by this Agreement in such order and
at such rate as OWNER deems appropriate as limited or regulated by this Agreement.
The CITY agrees to cooperate with OWNER in all reasonable manners in order to keep
this Agreement in full force and effect. In the event of any legal action instituted by a
third party or other governmental entity or official challenging the validity of any
provision of this Agreement, the parties hereby agree to cooperate in defending such
action. In the event of any litigation challenging the effectiveness of this Agreement, or
any portion hereof, this Agreement shall remain in full force and effect while such
litigation, including any appellate review, is pending.
3.3.3. Consistency Between This Agreement and Current Laws. The
CITY represents that at the Effective Date there are no rules, regulations, ordinances,
policies or other measures of the CITY in force that would interfere with the
Development and use of all or any part of the Property according this Agreement and the
Development Plan.
744368.8 November 21, 2003 - 12 -
4. Obligations of the Parties.
4.1. Obligation of CITY to Construct a portion of Empire Creek Improvements.
Except as otherwise provided in this section, CITY agrees to construct a box culvert for Empire
Creek and approach structure as specifically described on Exhibit G or as currently designed
and/or modified as part of the Improvement Plans for Parcel Map 23496 ("Empire Creek Box
Culvert"). CITY shall construct the Empire Creek Box Culvert only if it determines in its
reasonable discretion that the Empire Creek Box Culvert is necessary for the construction of the
extension of Rancho Way. If the CITY determines that it is necessary to construct the Empire
Creek Box Culvert, CITY shall construct the Empire Creek Box Culvert at such time as the
CITY may construct the Rancho Way extension. In the event the OWNER or its successor
develops Proposed Parcel L, OWNER or its successor shall construct, at its sole cost and
expense, all off-site public improvements as may be necessary for the development of Proposed
Parcel L, including the construction of the Empire Creek Box Culvert, whether or not the City
has constructed Rancho Way.
4.2. Lot Line Adjustment. OWNER shall diligently apply for and process a lot line
adjustment to the portion of the Property southerly of Rancho Way in substantial conformance
with the preliminary drawings set forth on Exhibit H. CITY agrees to expeditiously process the
lot line adjustment. Owner shall apply for the lot line adjustment within thirty (30) days from the
Effective Date of this Agreement. As part of the application for the lot line adjustment, OWNER
shall include fully executed grant deeds as necessary to complete the lot line adjustment. City
shall diligently process and act upon the lot line adjustment. Upon approval of the lot line
adjustment, CITY shall record the lot line adjustment and applicable deeds in the Official
Records of Riverside County. OWNER acknowledges and agrees that City has the authority to
and may withhold grading permits or building permits or any other land use entitlements for the
property until such time as the lot line adjustment is recorded.
744368.8 November 21, 2003 - 13 -
4.3 Dedications and Exactions.
4.3.1. Dedication for Rancho Way. OWNER shall dedicate such land to the
CITY for road and public utility purposes for the extension of Rancho Way. The
preliminary description of the land needed for the Rancho Way Extension is set forth on
Exhibit H. Except as otherwise provided in this Agreement, OWNER shall convey the
fight of way for Rancho Way to CITY within twelve (12) months of the effective date of
this Agreement. OWNER acknowledges and agrees that additional right of way may be
required and therefore agrees to dedicate such additional land as the CITY may require.
A building permit for Proposed Parcels H, I, J and K shall not be issued until such time as
the right of way for Rancho Way and the Empire Creek Box Culvert is conveyed to the
City.
4.3.2. Dedication for Empire Creek Box Culvert. OWNER shall dedicate
such land to the CITY as necessary for the construction of the Empire Creek Box Culvert.
The preliminary description of the land needed for the Empire Creek Box Culvert is set
forth on Exhibit G. Except as otherwise provided in this Agreement, OWNER shall
convey the right of way for the Empire Creek Box Culvert to CITY within twelve (12)
months of the effective date of this Agreement. OWNER acknowledges and agrees that
additional right of way may be required and therefore agrees to dedicate such additional
land as the CITY may require.
4.3.3. Futura Dedications. Future Development Approvals will be reviewed
in a manner consistent with the general review procedures of the CITY accorded the
particular type of Future Development Approval being sought and necessary conditions
imposed in a manner consistent with this Agreement. Notwithstanding anything to the
contrary, the health, safety and general welfare based mitigation measures arising from
the future Development Approvals shall not be limited by this Agreement.
4.3.4 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 (excepting all non delinquent taxes and assessments), including
but not limited to, deeds of trust, liens, or other encumbrances of record that would
prevent the CITY from using such dedicated facility for its intended use as identified
herein. Further the real property shall be warranted to be free of any known
environmental conditions that would prevent, restrict or cause CITY to fund hazardous
material/contamination/toxic remediation activities so as to allow the real property to be
used as intended by CITY. OWNER shall provide CITY copies of all reports,
investigations and analysis that document the environmental condition of the real
property.
4.3.5 DIF Credit for Median Construction. Provided OWNER completes the
construction of the full width medians on Ynez Road pursuant to Section 3.1.2.12 of this
Agreement, OWNER shall be entitled to a credit on the payment of its obligation to pay
744368.8 November 21, 2003 - 14 -
the Street System Component of the DIF pursuant to the provisions of Section 15.06.050
of the Temecula Municipal Code in the amount of fifty percent (50%) the actual cost of
constructing the full median.
4.3.6 DIF Credit for Traffic Signal. Provided OWNER completes the
construction of the Traffic Signal at the intersection of Rancho Way and Ynez Road
pursuant to Section 3.1.2.12 of this Agreement, OWNER shall be entitled to a credit on
the payment of the Traffic Signal System Component of the DIF pursuant to the
provisions of Section 15.06.050 of the Temecula Municipal Code up to one hundred
percent (100%) of the total cost of construction.
4.3.7. Environmental for Channel Improvements. The OWNER may, at his
sole expense, apply for and diligently pursue environmental clearances from all
applicable government agencies for the construction of the channel improvements from 1-
15 to Ynez Road pursuant to the City's preliminary alignment study for the Rancho Way
construction, dated ~ and with the plans approved by the City as part of
Parcel Map No. 23946 for the overall channel improvement as part of the off-site public
improvements described on Exhibit E ("Off-Site Public Improvements") and to be
designed and constructed pursuant to the "Subdivision Improvement Agreement (On-Site
and Off-Site Improvements)" set forth in Exhibit D.
5. Further Assurances to OWNER Regarding Exercise of Reserved Authority.
5.1. Adoption of General Plan and Granting of Other Project Approvals.In preparing
and adopting any general plan amendment, zoning district change and in granting the other
Project Approvals, the CITY reserves its right to and shall consider the health, safety and welfare
of the residents of the CITY.
5.2. Assurances to OWNER. The parties further acknowledge that the public benefits
to be provided by OWNER to the CITY pursuant to this Agreement are in consideration for and
reliance upon assurances that the Property can be developed in accordance with the Project
Approvals and this Agreement. Accordingly, while recognizing that the Development of the
Property may be affected by exercise of the authority and rights reserved and excepted as
provided in Sections 3.3.1 and 3.3.2. ("Reserved Authority") or this Agreement, OWNER is
concerned that normally the judiciary extends to local agencies significant deference in the
adoption of land use regulations which might permit the CITY in violation of the Reserved
Authority, to attempt to apply regulations which are inconsistent with the Project Approvals
pursuant to the exercise of the Reserved Authority. Accordingly, OWNER desires assurances
that the CITY shall not and the CITY agrees that it shall not further restrict or limit the
development of the Property in violation of this Agreement except in strict accordance with the
Reserved Authority.
5.3. Judicial Review. Based on the foregoing, in the event OWNER judicially
(including by way of a reference proceeding) challenges the application of a future land use
regulation as being in violation of this Agreement and as not being a land use regulation adopted
744368.8 November 21, 2003 - 15 -
pursuant to the Reserved Authority, OWNER shall bear the burden of proof in establishing that
such role, regulation or policy is inconsistent with the Applicable Regulations and the CITY shall
thereafter bear the burden of proof in establishing that such regulation was adopted pursuant to
and in accordance with the Reserved Authority and was not applied by the CITY in violation of
this Agreement.
Indemnification.
6.1 Owner agrees to indemnify and hold harmless the CITY, the
Redevelopment Agency of the City of Temecula, their agents, officers, contractors,
attomeys, and employees ("Indemnified Parties"), from and against each and every claim,
action, proceeding, cost, fee, legal cost, damage, award or liability of any nature arising
from alleged damages caused to third parties and alleging that the Indemnified Parties is
or are liable therefore as a direct or indirect result of the CITY's approval of this
Development Agreement.
6.2 Owner Agrees during the term of this Agreement, to indemnify the
Indemnified Parties from and against any claims or proceeding against the Indemnified
Parties to set aside, void or annul the approval of this Development Agreement. The
CITY shall retain settlement authority with respect to any matter provided that prior to
settling any such lawsuit or claim, OWNER shall provide the CITY with a minimum ten
(10) business days written notice of its intent to settle such lawsuit or claim. If the CITY
(in its reasonable discretion) does not desire to settle such lawsuit or claim, it may notify
OWNER of the same, in which event OWNER may still elect to settle the lawsuit or
claim as to itself, but the CITY may elect to continue such lawsuit, but at OWNER's cost
and expense, so long as the CITY's decision is predicated upon a legitimate and
articulated threat to either the exercise of its police powers or a risk of harm to those
present within the CITY.
6.3 OWNER's duties under this Section 6.1 are solely subject to and
conditioned upon the Indemnified Parties written request to OWNER to indemnify the
Indemnified Parties. OWNER shall deposit the expected costs of defense with the CITY
within five (5) business days of notice from the CITY of the claim and shall add to the
deposit within five (5) business days from the request of CITY. Without in any way
limiting the provisions of this Section 6, the parties hereto agree that this Section 6 shall
be interpreted in accordance with the provisions of California Civil Code Section 2778 in
effect as of the Effective Date.
7. Relationship of Parties. The contractual relationship between the CITY and OWNER is such
that OWNER is an independent contractor and 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 development of the Property shall be construed as making the CITY and
OWNER joint ventures or partners.
8. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in
744368.8 November 21, 2003 - 16 -
whole or in part only by mutual consent of the parties in the manner provided for in Government
Code Section 65868. No amendment or modification of this Agreement or any provision hereof
shall be effective unless set forth in writing and signed by duly authorized representatives of each
party hereto. This provision shall not limit the CITY's or OWNER's remedies as provided by
Section I0.
9. Periodic Review of Compliance with Agreement.
9.1. Periodic Reviev~. The CITY and OWNER shall review this Agreement at least
once every 12-month period from the date this Agreement is executed. The CITY shall notify
OWNER in writing of the date for review at least thirty (30) days prior thereto. Such periodic
review shall be conducted in accordance with Government Code Section 65865.1.
9.2. Good Faith Compliance. During each periodic review, OWNER shall be required
to demonstrate good faith compliance with the terms of this Agreement. OWNER agrees to
fumish such reasonable evidence of good faith compliance as the CITY, in the exercise of its
reasonable discretion, may require. If requested by OWNER, the CITY agrees to provide to
OWNER, a certificate that OWNER or a duly authorized transferee is in compliance with the
terms of this Agreement, provided OWNER reimburses the CITY for all reasonable and direct
costs and fees incurred by the CITY with respect thereto.
9.3. Failure to Conduct Annual Review. The failure of the CITY to conduct the
annual review shall not be an OWNER default. Further, OWNER shall not be entitled to any
remedy for the CITY failure to conduct this annual review.
9.4. Initiation of Review by CITY Council. In addition to the annual review, the CITY
Council may at any time initiate a review of this Agreement by giving written notice to OWNER.
Within thirty (30) days following receipt of such notice, OWNER shall submit evidence to the
CITY Council of OWNER's good faith compliance with this Agreement and such review and
determination shall proceed in the same manner as provided for the annual review. The CITY
Council shall initiate its review pursuant to this Section only if it has probable cause to believe
the CITY's general health, safety or welfare is at ~sk as a result of specific acts or failures to act
by OWNER.
9.5. Administration of Agreement. Any final decision by the CITY staff concerning
the interpretation and administration of this Agreement and Development of the Property in
accordance herewith may be appealed by OWNER to the CITY Council, provided that any such
appeal shall be filed with the CITY Clerk within ten (10) days after OWNER receives written
notice that the staff decision is final. The CITY Council shall render its decision to affirm,
reverse or modify the staff.decision within thirty (30) days after the appeal was filed.
9.6. Availability of Documents. If requested by OWNER, 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
744368.8 November 21, 2003 - 17 -
with respect thereto. 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.
10. Events of Default: Remedies and Termination. Unless amended as provided in Section
8, or modified or suspended pursuant to Government Code Section 65869.5, this Agreement is
enforceable by either party hereto.
10.1. Defaults by OWNER. If the CITY determines on the basis of a preponderance of
the evidence that OWNER has not complied in good faith with the terms and conditions of this
Agreement, the CITY shall, by written notice to OWNER, specify the manner in which OWNER
has failed to so comply and state the steps OWNER must take to bring itself into compliance. If,
within sixty (60) days after the effective date of notice from the CITY specifying the manner in
which OWNER has failed to so comply, OWNER does not commence all steps reasonably
necessary to bring itself into compliance as required and thereafter diligently pursue such steps to
completion, then OWNER shall be deemed to be in default under the terms of this Agreement.
CITY'S remedies for OWNER'S breach shall be limited to those specified in Section 10.3.
10.2. Defaults by CITY. If OWNER determines on the basis of a preponderance of the
evidence that the CITY has not complied in good faith with the terms and conditions of this
Agreement, OWNER shall, by written notice to the CITY, specify the manner in which the CITY
has failed to so comply and state the steps the CITY must take to bring itself into compliance. If,
within sixty (60) days after the effective date of notice from OWNER specifying the manner in
which the CITY has failed to so comply, the CITY does not commence all steps reasonably
necessary to bring itself into compliance as required and thereafter diligently pursue such steps to
completion, then the CITY shall be deemed to be in default under the terms of this Agreement.
OWNER'S remedies for CITY'S broach shall be limited to those specified in Section 10.3.
10.3. Specific Performance Remedy.
10.3.1 Due to the size, nature and scope of the Project, it will not be practical or
possible to restore the Property to its natural condition once implementation of this
Agreement has begun. After such implementation, OWNER may be foreclosed from
other choices it may have had to utilize the Property and provide for other benefits.
OWNER has invested significant time and resources and performed extensive planning
and processing of the development of the Property in agreeing to the terms of this
Agreement and will be investing even more significant time and resources in
implementing the Project in reliance upon the terms of this Agreement, and it is not
possible to determine the sum of money which would adequately compensate OWNER
for such efforts. For the above reasons, the CITY and OWNER agree that damages
would not be an adequate remedy if the CITY fails to carry out its obligations under this
Agreement and that OWNER shall have the fight to seek and obtain specific performance
as a remedy for any breach of this Agreement. Moreover, the CITY would not have
consented to this Agreement if it were to be subject to damages for breach of this
Agreement. Therefore, OWNER specifically agrees that it has no authority under this
Agreement to seek monetary damages against the CITY for any breach of this Agreement
744368.8 November 21, 2003 - 18 -
by the CITY, and agrees not to seek monetary damages against the CITY for breach of
this Agreement.
10.3.2 The CITY and OWNER further acknowledge that, if OWNER fails to
can'y out its obligations under this Agreement, the CITY shall have the right to refuse to
issue any permits or other approvals which OWNER would otherwise have been entitled
to pursuant to this Agreement. Therefore, the CITY's remedy of denying issuance of
permits or terminating this Agreement shall be sufficient in most circumstances if
OWNER fails to carry out its obligations hereunder. Notwithstanding the foregoing, if
the CITY issues a permit or other approval pursuant to this Agreement in reliance
(explicitly stated in writing) upon a specified condition being satisfied by OWNER in the
future, and if OWNER then fails to satisfy such condition, the CITY shall be entitled to
specific performance for the sole purpose of causing OWNER to satisfy such condition.
The CITY's right to specific performance shall be limited to those circumstances set forth
above, and the CITY shall have no right to seek specific performance to cause OWNER
to otherwise proceed with the Development of the Project in any manner.
10.4. Institution of Legal Action. In addition to any other rights or remedies, and except
as provided in Section 10.3, OWNER or the CITY may institute legal action to cure, correct or
remedy any default, to enforce any covenants or agreements herein, to enjoin any threatened or
attempted violation hereof to recover damages for any default, or to obtain any other remedies
consistent with the purpose of this Agreement. Such legal action shall be heard by a reference
from the Riverside County Superior Court pursuant to the reference procedures of the California
Code of Civil Procedure Sections 638, et 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 10.4 shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of
the California Constitution.
10.5. Estoppel Certificates. Either party may at any time deliver written notice to the
other party requesting an estoppel certificate (the "Estoppel Certificate") stating:
10.5.1 The Agreement is in full force and effect and is a binding
obligation of the parties.
10.5.2 The Agreement has not been amended or modified either
orally or in writing or, if so amended, identifying the amendments.
10.5.3 No default in the performance of the requesting party's
obligations under the Agreement exists or, if a default does exist, the nature and amount of any
default. A party receiving a request for an Estoppel Certificate shall provide a signed certificate
744368.8 November 21, 2003 - 19 -
to the requesting party within thirty (30) days after receipt of the request. The City Manager or
any person designated by the City Manager may sign the Estoppel Certificates on behalf of the
CITY. Any officer of OWNER may sign on behalf of OWNER. An Estoppel Certificate may be
relied on by assignees and mortgagees.
10.5.4 In the event that one party requests an Estoppel Certificate
from the other, the requesting party shall reimburse the other party for all reasonable and direct
costs and fees incurred by such party with respect thereto.
10.6 Termination for Failure to Develop. Notwithstanding the provision of this
Section 10, in the event that on March 31, 2004, at least twenty (20) acres of the Property have
not been conveyed in a bona fide transfer to a legal entity or entities, other than an entity or
entities affiliated with the OWNER, for the development of an new vehicle sales facility on said
acreage, the City may, in its sole and absolute discretion, without finding any breach of the
Agreement, elect to terminate the executory provisions of this Agreement on twenty (20)
calendar days notice to OWNER.
11. Waivers and Delays.
11.1. No Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, and failure by a party to 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.
11.2. Third Parties. Non-performance shall not be excused because of a failure of a
third person, except as provided in Section 11.3
11.3. Force Maieure. OWNER shall not be deemed to be in default where failure or
delay in performance of any of its obligations under this Agreement is caused by floods,
earthquakes, other Acts of God, fires, wars, riots or similar hostilities, intergalactic invasion,
strikes and other labor difficulties beyond OWNER's control, government regulations (including,
without limitation, state and federal environmental and natural resource regulations applied to the
Property), or judicial decisions directly applicable to the Property.
11.4. Extensions. The Term of this Agreement and the time for performance by
OWNER or the CITY of any of its obligations hereunder shall be extended by the period of time
that any of the events described in Section 11.3 exist and/or prevent performance of such
obligations provided that OWNER or CITY notifies the other of an event of force majeure within
thirty (30) days of the commencement of the condition and the allowed delay is equal to the time
of the event justifying delay. In addition, the Term shall be extended for delays arising from the
following events for a time equal to the duration of each delay which occurs during the Term:
11.4. I. Litigation. The period of time after the Effective Date during which
litigation related to the Agreement or having the actual effect of delaying implementation of the
development of the Property is pending, including litigation pending on the
744368.8 November 21,2003 - 20 -
Effective Date. This period shall include any time during which appeals may be filed or are
pending.
11.4.2. Government Agencies. Any delay resulting from the acts or omissions of
the CITY or any other governmental agency or public utility and beyond the reasonable control
of OWNER except those related to the normal and customary processing of Future Development
Approvals.
12. Notices.
Ail notices required or provided for under this Agreement shall be in writing and delivered in
person or sent by certified mail, postage prepaid, return receipt requested. Notices required to be
given to the CITY shall be addressed as follows:
CITY of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
Attention: CITY Planner
With a copy to:
Richards, Watson & Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, CA 90071-1469
Attention: Peter M. Thorson,City Attorney
744368.8 November 21, 2003 - 21 -
Notices required to be given to OWNER shall be addressed as follows:
North Plaza LLC
Robert R. Chambers, Manager
29400 Rancho California Road
Temecula, Ca. 92591
With a copy to:
Any notice given as required herein shall be deemed given only if in writing and upon deliver,
personally or by independent courier service. A party may change its address for notices by
giving notice in writing to the other party as required herein and thereafter notices shall be
addressed and transmitted to the new address.
13. Attomeys' Fees. If legal action is brought by either party against the other for broach of
this Agreement, including actions derivative from the performance of this Agreement, or to
compel performance under this Agreement, the prevailing party shall be entitled to an award of
its costs, including reasonable attorneys' fees, and shall also be entitled to recover its
contribution for the costs of the referee referred to in Section 10.4 above as an item of damage
and/or recoverable costs.
14. 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.
15. Effect of A~'eement on Title.
15.1. 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.
15.2. Encumbrances and Lenders' Rights. OWNER and the CITY hereby agree that this
Agreement shall not prevent or limit any OWNER of any interest in the Property, or any portion
thereof, at any time or from time to time in any manner, at its or their sole discretion, from
encumbering the Property, the improvements thereon, or any portion thereof with any mortgage,
deed of trust sale and leaseback arrangement or other security device. The CITY acknowledges
that any Lender (as hereinafter defined) may require certain interpretations of or modifications to
the Agreement or the project and the CITY agrees, upon request, from time to time, to meet with
the property OWNER(s) and/or representatives of such Lenders to negotiate in good faith any
such request for interpretation or modification. The CITY further agrees that it will not
unreasonably withhold its consent to any such requested interpretation or modification to the
extent such interpretation or modification is consistent with the intent and purpose of this
744368.8 November 21, 2003 - 22 -
Agreement. A default under this Agreement shall not defeat, render invalid, diminish or impair
the lien of any Lender.
The mortgagee of a mortgage or beneficiary of a deed of trust or holder of any
other security interest in the Property or any portion thereof and their successors and assigns,
including without limitation the purchaser at a judicial or non-judicial foreclosure sale or a
person or entity which obtains title by deed-in-lieu of foreclosure ("Lender") shall be entitled to
receive a copy of any notice of Default (as defined in Section 10.1 hereof) delivered to OWNER
and, as a pre-condition to the institution of legal proceedings or termination proceedings, the
CITY shall deliver to all such Lenders written notification of any default by OWNER in the
performance of its obligations under this Agreement which is not cured within sixty (60) days
(the "Second Default Notice") and shall allow the Lender(s) an opportunity to cure such defaults
as set forth herein. The Second Notice of Default shall specify in detail the alleged default and
the suggested means to cure it. After receipt of the Second Default Notice, each such Lender
shall have the right, at its sole option, within ninety (90) days to cure such default or, if such
default cannot reasonably be cured within that ninety (90) day period, to commence to cure such
default, in which case no default shall exist and the CITY shall take no further action.
Notwithstanding the foregoing, if such default shall be a default which can only be remedied by
such Lender obtaining possession of the Property, or any portion thereof, and such Lender seeks
to obtain possession, such Lender shall have until ninety (90) days after the date obtaining such
possession to cure or, if such default cannot reasonably be cured within such period, then to
commence to cure such default. Further, a Lender shall not be required to cure any non-curable
default of OWNER, and any such default shall be deemed cured if any lender obtains possession.
16. Severability of Terms. If any term, provision, covenant or condition of this Agreement
shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be
affected thereby if the tribunal finds that the invalidity was not a material part of consideration
for either party. The covenants contained herein are mutual covenants. The covenants contained
herein constitute conditions to the concurrent or subsequent performance by the party benefited
thereby of the covenants to be performed hereunder by such benefited party.
17. Subsequent Amendment to Authorizing Statute. This Agreement has been entered into in
reliance upon the provisions of the Development Agreement Legislation in effect as of the
Agreement Date. Accordingly, subject to Section 3.3.2 above, to the extent that subsequent
amendments to the Government Code would affect the provisions of this Agreement, such
amendments shall not be applicable to this Agreement unless necessary for this Agreement to be
enforceable or required by law or unless this Agreement is modified pursuant to the provisions
set forth in this Agreement and Government Code Section 65868 as in effect on the Agreement
Date.
18. Rules of Construction and Miscellaneous Terms.
744368.8 November 21, 2003 - 23 -
18.1. Interpretation and Governing Law. The language in all parts of this Agreement
shall, in all cases, be construed as a whole and in accordance with its fair meaning. This
Agreement and any dispute arising hereunder shall be governed and interpreted in accordance
with the laws of the State of California. The parties understand and agree that this Agreement is
not intended to constitute, nor shall be construed to constitute, an impermissible attempt to
contract away the legislative and govemmentai functions of the CITY, and in particular, the
CITY's police powers. In this regard, the parties understand and agree that this Agreement shall
not be deemed to constitute the surrender or abnegation of the CITY's governmental powers over
the Property.
18.2. Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
18.3. Gender. The singular includes the plural; the masculine gender includes the
feminine; "shall" is mandatory, "may" is permissive.
18.4. No Joint and Several Liability. At any time that there is more than one OWNER,
no breach hereof by an OWNER shall constitute a breach by any other OWNER. Any remedy,
obligation~ or liability, including but not limited to the obligations to defend and indemnify the
CITY, arising by reason of such breach shall be applicable solely to the OWNER that committed
the breach. However, the CITY shall send a copy of any notice of violation to all OWNERS,
including those not in breach.
18.5. Time of Essence. Time is of the essence regarding each provision of this
Agreement of which time is an element.
18.6. Recitals. All Recitals set forth herein are incorporated in this Agreement as
though fully set forth herein.
18.7. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof, and the Agreement supersedes all previous
negotiations, discussion and agreements between the patties, and no parol evidence of any prior
or other agreement shall be permitted to contradict or vary the terms hereof.
19. Not for Benefit of Third Parties. This Agreement and ail provisions hereof are for the
exclusive benefit of the CITY and OWNER and its Development Transferees and shall not be
construed to benefit or be enforceable by any third party.
20. Exhibits. The following Exhibits are attached to this Agreement and incorporated
herein as though set forth in full:
Exhibit A
Exhibit B
Exhibit C
Property Description and Designation of Parcels
[Intentionally Omitted]
On-Site Public Improvements
744368.8 November 21, 2003 ~ 24 -
Exhibit D
Improvements)
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Subdivision Improvement Agreement (On-Site and Off-Site
Off-Site Public Improvements
[Intentionally Omitted]
Description of Empire Creek Box Culvert
Description of Proposed Lot Line Adjustment
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year dated below.
"CITY"
CITY OF TEMECULA, a municipal corporation
Jeffrey Stone
Mayor
ATTEST:
Susan Jones, CMC
CITY Clerk
[Signatures continue]
744368.8 November 21, 2003 - 25 -
APPROVED AS TO FORM:
Peter M. Thorson
CITY Attomey
NORTH PLAZA, LLC, a California limited
liability company
By:
Name: Robert R. Chambers
Title: Manager
744368.8 November 21, 2003 ~ 26 -
State of California
County of Riverside
)
) ss
)
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
State of California
County of Riverside
)
) ss
)
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
744368.8 November 21, 2003 - 27 -
EXHIBIT "A"
(Legal Description and Depiction of Property and Proposed Parcels Thereon)
744368.8 November 21, 2003 - 28 -
EXHIBIT "B"
[Intentionally Omitted]
744368.8 November 21, 2003 - 29 -
EXHIBIT "C"
ON-SFFE PUBLIC IMPROVEMENTS
1. Complete installation of public improvements for North Plaza Drive including
curb and gutter, sidewalk, sewer, water, storm drains, streeflights and underground public
utilities.
2. Complete installation of public improvements for Park Plaza Lane including curb
and gutter, sidewalk, sewer, water, storm drains, streetlights and underground public
utilities.
3. Redesign the alignment of Park Plaza Lane to connect to the new Rancho Way
and design and construct public improvements to support that redesign. Prepare the
necessary right-of-way documents to cause the dedication of Park Plaza Lane and Rancho
Way.
4. Design and construct public improvements for the intersection of Rancho Way
and Ynez Road to meet the standards of the department of Public Works. Prepare the
necessary fight-of-way documents including slope easements to cause the dedication of
Rancho Way from Interstate 15 to Ynez Road. Prepare the necessary fight-of-way
documents to cause the vacation of the redesigned portion of Park Plaza Lane connection
to Ynez Road.
5. Prepare the necessary fight-of-way documents to cause the dedication of a storm
drain easement for Empire Creek to be realigned and contained in order to accommodate
the future construction of Rancho Way.
744368.8 November 21, 2003 - 30 -
?CL- ~
pcb.
LECEND
~-~ INDIC~TES ON-SITE II~PROI/EI~ENT$
CITY OF TEMECULA I
DEPARTMENT OF PUBLIC WORKS
PROPOSED ON-SITE
IMPROVEMENTS
EXHIBIT "D"
Subdivision Improvement Agreement (On-Site and Off-Site Improvements)
[City's Standard Subdivision Improvement Agreement]
744368.8 November 21, 2003 - 31 -
EXHIBIT "E"
OFF-SITE PUBLIC IMPROVEMENTS
1. Design and construct a Traffic Signal at the intersection of North Plaza Drive and
Ynez Road to meet the standards of the Department of Public Works
2. Design and construct a Traffic Signal at the intersection of Rancho Way and Ynez
Road to meet the standards of the Department of Public Works
3. Design and construct a raised landscaped median on Ynez Road from North Plaza
Drive to the Empire Creek crossing to meet the standards of the Department of Public
Works and Temecula Community Services District
744368.8 November 21, 2003 - 32 -
pCL.
PROPOSED TRAFFIC
~ lANDSCAPE
pCL. WEDmN
pCL.
pCL. ~
PROPOSED TRAFFIC
SICNAL
LEGEND
[r~ INDIC~TES OFF-SffE III~PROI/DdENTS
CITY OF TEMECULA
DEPARTWENT OF PUBLIC ~fORKS
PROPOSED OFF-SITE
IMPROVEMENTS
EXHIBIT F
[Intentionally Omitted]
Exhibit G
Description of Empire Creek Box Culvert
34
Exhibit H
Description of Proposed Lot Line Adjustment
AREAS (PROPOSED PARCEL~
PARCEL A 6.24 AC 271,600 Sf
PARCEL B 2.59 AC 112,706 SF
PARCEL C 4.50 AC 195,907 SF
PARCEL D 4.17 AC 181,676 SF
PARCEL E 4.73 AC 206,145 SF
PARCEL F 1.87 AC 8~,565 SF
PARCEL C 1.83 AC 79,657 SF
PARCEL H 1.76 AC 76,844 SF
PARCEL I 1.66 AC 72,309 SF
PARCEL J ~.99 AC 86,745 SF
PARCEL K 0.96 AC 42,038 SF
PARK PLAZA LANE-TO BE DEDICATED 36,632 SF
RANCHO WAY-TO BE DEDICATED :~5,415SF
RANCHO WAY-FUlURE 55,026 SF
SLOPE ,~6,325SF
LEGEND
l.l~ LOT ll~ ~US~EN~
~l.P~
~ P~l ~
~. NUMAR
~ X AC AC~ES ~ S~E
~0~ Cl~ ~ lEMECU~ - ~RE
ATFACHMENT NO. 3
INITIAL STUDY
R:~D A~Auto Mail, Staff Reaport PC.doc
10
· City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
O Environmental Checklist
Project Title Auto Mall Expansion Development Agreement (PA03-0565)
Lead Agency Name and Address City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
Contact Person and Phone Number David Hogan, Principal Planner
(909) 694-6400
Project Location West of Ynez Road, north of Rancho California Road, and south of
the existing auto mall, in the City of Temecula
Project Sponsor's Name and Address City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
General Plan Designation Service Commercial
Zoning Service Commercial
Description of Project The project consists of a development agreement between the City
of Temecula and the current property owner of commercially
designated property south of the existing auto mall. The project will
ensure the future expansion of the auto mall and provide the City
with the right-of-way for the extension of Rancho Way. Specifically,
the proposed development agreement will ensure the following:
1. The Owner will get to develop automobile-related uses on the
property, consistent with the Service Commercial Zone.
O 2. The Owner will do the required stream channel improvements
not related to the future construction of Rancho Way.
3. The Owner will pay Development Impact and Transportation
Uniform Mitigation Fee as development occurs. A DIF credit for
medians is authorized for any median improvements completed.
4. The Owner will do onsite improvements and traffic signals.
5. The Owner will process and record a lot line adjustment and
dedicate right-of-way for Rancho Way.
6. The City will freeze the DIF at current levels until July 1, 2006.
7. The City will void the existing Subdivision Improvement
Agreement.
8. City will do additional improvements to the Empire Creek
channel if necessary for the construction of Rancho Way.
Surrounding Land Uses and Setting The project is located along a major commercial corridor adjacent to
Interstate 15 at the southern end of the current auto mall area.
~ There are existing commercial uses to the north, east and west of
the site. There is also some vacant commercial property to the east
of the property.
Other public agencies whose approval None
is required
R;'~D A~Auto Mall~nitlal Study.doc
1
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Land Use Planning Hazards
Population and Housing Noise
Geologic Problems Public Services
Water Utilities and Service Systems
Air Quality Aesthetics
Transportation/Cimulation Cultural Resources
Biological Resources Recreation
Energy and Mineral Resources Mandatory Findings of Significance
v' None
Determination
(To be completed by the lead agency)
On the basis of this initial evaluation:
v' I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE
DECLARATION will be prepared
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because revisions in the project have been made by or agreed to by
the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in
an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets, if the effect is a ,potentially
significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT
is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
! potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
i DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed project, nothing further is required.
SiCnat~'~
Printed name
For
R~D A',Auto Malt~lnitial Study.doc
2
1. Land Use and Planning. Would the project:
J Poten~arly
Pntential~ySignificant Un,ss Less Than
Slgn;ficantMi~gation SYjnllicant No
Issues and Supporting Info~mation Sources Impact Incorporated Imj~act Impact
a. Physically divide an established community?
b. Conflict with applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or mitigation an
environmental effect?
c. Conflict with any applicable habitat conservation plan or
natural community conservation plan?
2. POPULATION AND HOUSING. Would the project:
a. Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension
of roads or other infrastructure)?
Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
c. Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
3. GEOLOGY AND SOILS. Would the project?
POtentially
F~oten !~Y $~n~fl~nt,U~ress, LessThan
· Sigllifl~ Mitigatfoh' 'Significant No
Issues and Supporting In4ormati0n Sources ;lmp, act ~Inco~0rated Impact Impact
a. Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
involving:
i) Rupture of a known earthquake fault, as delineated on
the most recent Alquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for the area or based
on other substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication 42,
ii) Strong seismic ground shaking?
iii)Seismic-related ground failure, including liquefaction?
iv) Landslides?
b. Result in substantial soil erosion or the loss of topsoil?
~i Be located on a geologic unit or soil that is unstable, or -/
that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
R:\D A~Auto Mail~lnitial Study.doc
3." GEOLOGY AND SOILS. Would the project?
Poter~ally
Potentially Signi~ant Unless Less Than
Significant Mitigetion Significant No
Issues and Supportin~ Infon~nafion Sources Impact Incorporated Impact Impact
d. Be located on expansive soil, as defined in Table 1801 -B v~
of the Uniform Building Code (1994), creating substantial
risks to life or property?
e. Have soil incapable of adequately supporting the use of ,~
septic tanks or alternative waste water disposal systems
where sewers are not available for the disposal of waste
water?
4. HYDROLOGY AND WATER QUALITY. Would the project:
Potentially
Potendatly Signirmant Less Than
Significant Unless Significant NO
Issues and Supporting Information Sources Impact Mitigation Impact Impact
Irmorpo~ated
a. Violate any water quality standards or waste discharge
requirements?
b. Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production rate
of pre-existing nearby wells would drop to a level which
would not support existing land uses or planned uses for
which permits have been granted)?
c. Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, in a manner which would result in
substantial erosion or siltation on- or off-site?
d. Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or
amount of surface runoff in a manner which would result
in flooding on- or off-site?
e. Create or contribute runoff water which would exceed the
capacity of existing or planned storm water drainage
systems or provide substantial additional soumes of
I polluted runoff?
f. ~ Otherwise substantially degrade water quality?
g. Place housing within a 100-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
h. Place within a 100-year flood hazard area structures
which would impede or redirect flood flows?
~. Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam?
j. Inundation by seiche, tsunami, or mudflow?
R:',D A~,uto Mall,initial Study.doc
4
5. AIR QUALITY. Where available, the significance criteria established by the applicable quality
~ management or air pollution control district be relied to make the
may
upon
following
determinations. Would the project:
Potentially
PotentiallySignificant Unless Less Than
SignificantMitigation Significant NO
Issues and Supporting Information Sources Impact Incorporated Impact Impact
a. Conflict with or obstruct implementation of the applicable ,/
air quality plan?
b. Violate any air quality standard or contribute substantially ,/
to an existing or projected air quality violation?
c. Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non~
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors?
d. Expose sensitive receptors to substantial pollutant ,,'
concentrations?
e. Create objectionable odors affecting a substantial number
of people?
6. TRANSPORTATION/TRAFFIC. Would the project:
Potentially
. Poteritially Significant Unless Less Than
Significant Mitigation Significant NO
Issues a~ Information Sources ~ Ince~orated ~ Impact
Cause an increase in traffic which is substantial in
relation to the existing traffic load and capacity of the
street system (Le., result in a substantial increase in
either the number of vehicle trips, the volume to capacity
ratio on roads, or congestion at intersections?
b. Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency for designated roads or highways?
c. Result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that
results in substantial safety risks?
d. Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
e. Result in inadequate emergency access?
f. Result in inadequate parking capacity?.
g. Conflict with adopted policies, plans, or programs ,,'
supporting alternative transportation (e.g., bus turnouts,
; bicycle racks?
R:~D A~Auto Mail,Initial Study.doc
5
7. BIOLOGICAL RESOURCES: Would the project:
Potentially
a. Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and
Wildlife Service?
b. Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
c. Have a substantial adverse effect of federally protected
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filing, hydrological
interruption, or other means?
d. Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
I e. Conflict with any local policies or ordinances protecting
biological resoumes, such as a tree preservation policy or
ordinance?
f. Conflict with the provisions of an adopted habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
! 8. MINERAL RESOURCES. Would the project:
PoteafiaJly
Potentially Significant UnJess Less Than
Sigr~cant Mitigation Significar~ NO
Issues and Supporting:Information Sources Impa~ Incoq3orated Impact Impact
a. Result in the loss of availability of a known mineral v'
resource that would be of value to the region and the
residents of the state?
b. Result in the loss of availability of a locally-important /
mineral resoume recovery site delineated on a local
general plan, specific plan or other land use plan?
R:VD A'~A~o MatNnltlal Study.doc
6
! 9. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
~ Potentially
PotentialiySignificant Unless Less Than
SignificantMitigation Significant No
Issues and Supporting Information Soumes Impact Incorporated Impact Impact
a. Create a significant hazard to the public or the
environment through the routine transportation, use, or
disposal of hazardous materials?
b. Crate a significant hazard to the public or the v
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
c. Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or acutely
hazardous materials, substances, or waste within one-
quarter mile of an existing or proposed school?
d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
e. For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles or a public airport or public use airport, would the
project result in a safety hazard for people residing or
~.~rworkin inthe ro'ect area?
For a project within the vicinity of a private airstrip, would ,/
the project result in a safety hazard for people residing or
working in the project area?
g. Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan?
h. Expose people or structures to a significant risk or loss,
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
10. NOISE. Would the project result in:
Potentially
Pot ~; 'ally significant unress Less Than
Sigr~fir, ant Miti~alJon Significant No
Issues and SUpporting ~or~ation Soumes I,~pa~ct Incorporatnd Impoct Impact
a. Exposure of people to severe noise levels in excess of ,~
standards established in the local general plan or noise
ordinance, or applicable standards of other agencies?
b. Exposure of persons to or generation of excessive ,~
groundborne vibration or groundborne noise levels?
c. A substantial permanent increase in ambient noise levels ,~
I in the project vicinity above levels existing without the
proiect?
R:'~D A~Auto Mal~lnitial Study.dcc
7
10~ NOISE. Would the project result in:
Potemial~y
Potentially Significant Unless Less Than
Signir~_.ant Mitigation Significant No
Issues and Suppartlng Information Sources Impact Incorporated Impact Impact
d. A substantial temporary or periodic increase in ambient ,/
noise levels in the project vicinity above levels existing
without the project?
e. For a project located within an airport land use plan or, ,~
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the project
area to excessive noise levels?
f. For a project within the vicinity of a private airstrip, would ~
the project expose people residing or working in the
project area to excessive noise levels?
11. PUBLIC SERVICES: Would the proposal have a substantial adverse physical impacts associates
with the provisions of new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant environmental
impacts, in order to maintain acceptable service ratios, response times or other performance
objectives for any of the public services:
potentially
Potentially Significant IJniess Less Than
Significant Mitiga~en Signil~cant NO
Issue~ and Supporting Information Sources Impact Incorporated Impact Impact
a. Fire protection?
b. Police protection?
c Schools?
d. Parks?
e Other public facilities?
12. UTILITIES AND SERVICE SYSTEMS: Would the project:
Potentially Stg n'~..ant Unless Less Than
Significant Mitigation Significant No
Issues ar~l ,S upparling Informa§on Soumes Impact Incoq)orated Impact Impact
a. Exceed wastewater treatment requirements of the v~
applicable Regional Water Quality Control Board?
b. Require or result in the construction of new water or ~'
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
c. Require or result in the construction of new storm water ~'
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
d. Have sufficient water supplies available to serve the ,/
project from existing entitlements and resources, or are
new or expanded entitlements needed?
R:\D A'~Auto Mal~lnitial Study.doc
8
12'. UTILITIES AND SERVICE SYSTEMS: Would the project:
J Poter~ally
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Supporting Information Soumes Impact Incorporated Impact Impact
e. Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
f. Be served by a landfill with sufficient permitted capacity to
accommodate the project's solid waste disposal needs?
g. Comply with federal, state, and local statutes and v
regulations related to solid waste?
13. AESTHETICS. Would the project:
Potentially
Potentially Signirmant Unless Less Than
Significant Mitigation Signi§cant No
Issues and Supporting Information Sources Impact Incorporated Impact Irnpact
a. Have a substantial adverse effect on a scenic vista?
b. Substantially damage scenic resoumes, including, but not
limited to, trees, rock outcropping, and historic building
within a state scenic highway?
c. Substantially degrade the existing visual character or
~__~f the site and its surroundings?
Create a new source of substantial light or glare which
would adversely affect day or nighttime views in the
area?
14. CULTURAL RESOURCES. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Signiticant No
Issues aed SupDorting Informafon Sources Impact Incorporated Impact Impact
a. Cause a substantial adverse change in the significance of
a historical resoume as defined in Section 1506.5?
b. Cause a substantial adverse change in the significance of
an archaeological resource pursuant to Section 1506.57
c. Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
d. Disturb any human remains, including those interred
outside of formal cemeteries?
R:\D A~Auto Mail, Initial Study.doc
9
15. RECREATION. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Supporting Info~nation Sources Impact Incorporated Impact Irnpaot
a. Would the project increase the use of existing v'
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
b. Does the project include recreational facilities or require ,/
the construction or expansion of recreational facilities
which might have an adverse physical effect on the
environment?
16. MANDATORY FINDINGS OF SIGNIFICANCE.
Potentially
Potentially Signi~mact Unless Less Than
Significant Mitigation S~gniticant No
Issues and Sup~rt~r~ !13fo~mation Soumes Impact Incorporated Impact Impact
a. Does the project have the potential to degrade the quality v'
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self-sustaining levels, threaten to eliminate
a plant or animal community, reduce the number of
restrict the range of a rare or endangered plant or animal
or eliminate important examples of the major periods of
California history or prehistory?
b. Does the project have impacts that are individually v'
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and the effects of probable future projects?
c. Does the project have environmental effects which will ,/
cause substantial adverse effects on human beings,
either directly or indirectly?
Comments:
The project consists of the approval of a Development Agreement between the City of Temecula and the
owner of commercial property adjacent to the existing auto mall. Specifically, the proposed development
agreement will guarantee the future development of the site with automotive related uses that are consistent
with the current Service Commercial designation and will provide for the future right-of-way for the extension of
Rancho Way, a Circulation Element roadway, The owner will also agree to do previously required onsite and
off-site improvements (except for additional improvements to the Empire Creek channel). In exchange for this,
the City will do any the necessary improvements to Empire Creek as part of the future construction of Rancho
Way and will void the existing subdivision improvement agreement. Rancho Way is a General Plan level
roadway that will provide a needed cross-freeway connection between Diaz Road and Margarita Road.
RAD A',Auto MalNnitia[ Study.doc
10
The pro~)6sed Development Agreement will not have an effect on the environment. Each of the items being
addressed by this agreement; the General Plan, Development Code and approved pamel map have already
received the appropriate environmental reviews. In addition, the future construction of Rancho Way will
the appropriate environmental review when the project has been designed and prior to the approval of
construction. Also, any future development projects in this area will also receive the appropriate
environmental review when an application has been submitted to the City for consideration. As a result, the
project will have no impact on the environment.
17. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR,
or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or
negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following
on attached sheets.
a. Earlier analyses used. Identify earlier analyses and state where they are available for review.
b. Impacts adequately addressed. Identify which affects from the above check list were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and
state whether such effects were addressed by mitigation measures based on the earlier analysis.
c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document and
the extent to which they address site-specific conditions for the project.
SOURCES
City of Temecula General Plan.
City of Temecula General Plan Final Environmental Impact Report.
South Coast Air Quality Management District CEQA Air Quality Handbook.
R:~D A~Auto MalJ~lnitial Study.doc
11
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LEGEND
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CITY OF TEMECULA
DEPARTMENT OF PUBLIC ~fORKS
PROPOSED ON-SITE
IMPR O VEM1~NTS
ITEM #3
Date of Meeting:
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
December 3, 2003
Prepared by: Sheila M. Powers
Title: Associate Planner
File Number PA03-0434
Application Type: Product Review
Project Description:
Product Review of a 67-1ot single-family residential subdivision (Lake
Front Cottages, Phase 2 of the Harveston Specific Plan Planning Area
3) located in Tract 30669-2, south of Harveston Lake, east of Loop
Road and west of Paseo Park Trail
Recommendation:
(Check One)
[] Approve with Conditions
[] Deny
[] Continue for Redesign
[] Continue to:
[] Recommend Approval with Conditions
[] Recommend Denial
CEQA:
(Check One)
[] Categorically Exempt
[] Negative Declaration
CEQA
Section 15162
[] Mitigated Negative Declaration with Monitoring Plan
[] EIR
R:XD PL2003~03-1M34 Harveston Lakefront Cottages Product Review~Staff Report~COA~Staff Rpt.dot
PROJECT DATA SUMMARY:
Applicant:
Lennar Homes
Completion Date: August 8, 2003
Mandatory Action Deadline Date: December 8, 2003
General Plan Designation: Medium Density
Zoning Designation: SP-13
Site/Surrounding Land Use:
Site: Product Review of a 67-1ot single-family residential subdivision (Lake Front
Cottages, Phase 2 of the Harveston Specific Plan Planning Area 3)
North: Vacant
South: Vacant
East: Vacant
West: Vacant
Lot Area:
BACKGROUND SUMMARY:
(or)
I-]1.
2,000 square foot Minimum & 2,500 square foot Maximum
Staff has worked with the applicant to ensure that all concerns have been addressed,
and the applicant concurs with the recommended Conditions of Approval.
Staff has worked with the applicant to ensure that all concerns have been addressed,
however, the following issues have not been resolved to the satisfaction to staff.
(or)
1-12.
The attached "Project Review Worksheet" (Attachment A) has been completed and
staff has determined that the proposed project is consistent with the General Plan, City-
wide Design Guidelines, the Specific Plan, PDO, and the Development Code.
The attached "Project Review Worksheet" (Attachment A) has been completed and
indicates that staff cannot make all the findings of consistency required for approval.
R:'~D P~2003\03-0434 Harveston Lake froat Cottages Product Review~Staff Report-COA~qtaff Rpt.dot
2
PROJECT DESCRIPTION
The project proposes six (6) architectural styles (American Farmhouse, Colonial, Craftsman,
East Coast Traditional, Monterey, and Spanish Colonial) and three (3) floor plans. The following
provides a description of each floor plan:
PLAN ONE (22 LOTS)
Plan One is a 1,999 square foot, two-story residence and consists of Craffsman, East Coast
Traditional, and Spanish Colonial. The garage is located at the rear of the residence and the
entryway has covered porches. The entryway, front windows, chimneys, attic vents, roof style
and roof pitches are also designed to match the architectural style of the residence. There is a
courtyard at the rear of the residence between the residence and the garage. The roofs have a
range of 3 1/2:12 to 5:12 with the use of simple gable roofs, single texture flat concrete tiles or a
concrete roof with a shingle look. The enhancements include attic vents that compliment the
architectural style, window trim, shutters and siding.
PLAN TWO (22 LOTS)
Plan Two is a 2,123 square foot two-story residence and consists of American Farmhouse,
Colonial, and Monterey. The garage is located at the rear of the residence and the entryway has
covered porches. The second floor offers a balcony. There is a courtyard at the mid section of
the residence between the family room and the entryway. The entryway, front windows,
chimney's, attic vents, roof style and roof pitches are also designed to match the architectural
style of the residence. The roofs have a range of 5:12 to 6:12 with the use of asphalt shingles or
"S" tile roof. The enhancements include attic vents that compliment the architectural style,
window trim, shutters and siding.
PLAN THREE (23 LOTS)
Plan Three is a 2,254 square foot two-story residence and consists of American Farmhouse,
Craftsman, and Colonial. The garage is located at the rear of the residence and the entryway
has covered porches. There is a courtyard towards the rear of the property between the garage
and the family room. The East Coast Traditional and Spanish Colonial allow for an optional
covered balcony at the second floor. The enhanced elevations from the public view include
window trim, accent attic vents, shutters at the rear elevation on the Colonial style residence,
and additional siding.
ANALYSIS
This proposal is identical to Phase I in the Harveston Specific Plan Planning Area 3 (Lake Front
Cottages, Tract 29929-1) located north of the Harveston Lake/Paseo Park and west of the ABC
Pre-School. The Phase 1 proposal was approved on September 4, 2002 by the Planning
Commission. There have been no design changes to this proposal.
Staff has reviewed the project and has determined it to be consistent with the Design Guidelines
of the Harveston Specific Plan. Please refer to Attachment 3, the Design Guidelines, of the
Harveston Specific Plan. The design intent and elements proposed by the applicant include
"architecturally forward" residences, a variety of garage placement, six (6) different architectural
R:XD PX2003\03-0434 Harveston Lakefront Cottages Product Review~Staff Report~COAXStaff Rpt.dot
3
styles (American Farmhouse, Colonial, Craftsman, East Coast Traditional, Monterey, and
Spanish Colonial), a variety of roof heights and pitches, pedestrian connections and variable lot
setbacks. These elements are consistent with the requirements of the Design Guidelines in the
Harveston Specific Plan architectural styles.
The following is a table representing the consistency found between three proposed amhitectural
styles and the requirements of the Harveston Specific Plan.
PLAN STYLE PROPOSED PLAN DETAILS
Colonial Simple 2-story stacked massing; 5:12 roof pitch; 12"
overhangs; asphalt shingles; blended siding & stucco;
vertical multi-paned single hung windows at front
elevations; single paned windows on sides & rear
elevations; 2x4 wood window & door trim; entry
porches w/ simply trimmed wood columns; wood
shutters.
American Farmhouse Simple plan form massing & simple roof design; front to
back main gable roof; 12" overhangs; asphalt shingles;
blended siding & stucco; single paned windows on side
& rear elevations; single hung windows at front; shaped
wood columns w/knee braces; 2x4 wood window &
door trim
Monterey Simple box plan form; main hip roof front to back at
5:12 pitch; 12" overhangs; "S" tile roof; smooth finish
stucco; vertical window shape w/multiple panes often in
groupings; wood balcony & railing; wood shutters
East Coast Traditional Plan form massing w/a vertical & horizontal break; 5:12
roof pitch; concrete roof tile w/shingle look; blended
siding & stucco; vertical window shape multi-paned at
front elevation; full wood porch; square column w/trim;
wood shutters
Spanish Colonial 2-story massing w/strong 1-story element; 5:12 roof
pitch; 12" overhang; simple gable roof; "S" Shaped
concrete tiles; shed roof over porch; smooth finish
stucco; vertically hung 2" recessed windows at front
elevation & in high visibility areas; 2" recessed stucco
over foam window & door trim; arched stucco column
porches; 2" recessed detail at gable ends
Craftsman Simple 2-story boxed massing; 5:12 roof pitch; shingle
texture flat concrete tiles; basic gable roof side to side;
blended siding & stucco; plain texture shingle siding;
single hung windows at front elevation; entry porches
w/heavy square columns on stone piers; wood header
trim at windows & doors; outlooker; battered columns
R:~D P~2003\03-0434 Harveston I~kefront Cottages Product Review~Staff Report~-COA~Staff Rpt.dot
4
Garage Placement
All six floor plans are considered "architectural-forward" which are strongly encouraged by the
design guidelines in the Harveston Specific Plan. Floor Plan One has the living area 14' from
the street, the porch area 7' from the street and the garage is located at the rear. Floor Plan
Two has the living area 20' from the street, the porch 13' from the street and the garage is at the
rear. Floor Plan Three has the living area 14' from the street, the pomh 10' from the street and
the garage located at the rear. The homesites have been dimensioned to allow the "living"
portions of the residence to be pulled forward on the lot so that active, articulated architecture
can visually dominate the street scene, rather than have the garages dominate the street scene.
Massinq
The proposal gives careful attention not to create massive structures by stepping back second
stories and having varying roof planes. A sense of variety for single story elements can be seen
with the use of covered porches and covered entryways. Window trim, accent vents, shutters,
additional siding, and arched doorways have been incorporated on the enhanced plans for public
view as required by the Design Guidelines of the Harveston Specific Plan.
Buildinq Materials
Building materials and colors have been incorporated to match the proposed architectural style.
Each architectural style has 3 siding, roof and stucco color to choose from. All materials and
colors that have been proposed by the applicant have been found to be consistent with the
Harveston Specific Plan.
In accordance with the California Environmental Quality Act, the proposed Project has
been deemed to be categorically exempt from further environmental review. (Class,
name, type)
(or)
The proposed project has been determined to be consistent with the previously
approved Harveston Specific Plan (EIR) and is exempt from further Environmental
Review (CEQA Section 15162 subsequent EIR's and Negative Declarations).
CONCLUSION/RECOMMENDATION:
Staff recommends that the Planning Commission adopt a Resolution approving the applicant
subject to the attached conditions of approval.
R:'~D PX2003\03-0434 Harveston Lakefront Cottages Product Review\Staff Report-COA~Staff Rpt.dot
5
.FINDINGS
Staff recommends that the Planning Commission make the following findings as required in
Section 17.05.010 F of the Temecula Municipal Code.
The proposed use is in conformance with the general plan for Temecula and with all
applicable requirements of state law and other ordinances of the city.
The proposed single-family homes are permitted in the Medium Density land use
designation contained in the Harveston Specific Plan and the City's Development Code.
The project is also consistent with the Medium land use designation contained in the
General Plan. The site is properly planned and zoned, and as conditioned, is physically
suitable for the type and density of the residential development proposed. The project,
as conditioned, is also consistent with other applicable requirements of State law and
local ordinances, including the California Environmental Quality Act (CEQA),fire and
building codes.
The overall development of the land is designed for the protection of the public health,
safety, and general welfare.
The overall design of the single-family residences, including the site, building, and other
associated site improvements, is consistent with, and intended to protect the health and
safety of those working in and around the site. The project has been reviewed for, and
as conditioned, has been found to be consistent with all applicable policies, guidelines,
standards and regulations intended to ensure that the development will be constructed
and function in a manner consistent with the public health, safety and welfare.
3. The proposal is consistent with the Goals and Objectives of the Harveston Specific Plan.
The overall design of the single-family residences is consistent with the Design
Guidelines as set forth in the Harveston Specific Plan Guidelines Sections 10.0 through
11.0. ~
ATTACHMENTS
1. Plan Reductions - Blue Page 7
2. PC Resolution of Approval with Conditions of Approval Attached - Blue Page 8
3. Harveston Specific Plan Design Guidelines - Blue Page 9
R:kD P~2003\03-0434 Harveston Lakefront Cottages Product Review\Staff Rcport~COA~Staff Rpt.dot
6
A'FrACHMENT NO. 1
PLAN REDUCTIONS
R:~D P~2003x03~434 Harvest~n Lakcfront Cottages Product Revicw~taff Report~COA~StaffRpt.dot
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ATTACHMENT NO. 2
PC RESOLUTION NO. 2003-
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PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE crrY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA03-0434 PRODUCT REVIEW OF A 67-LOT SINGLE-FAMILY
RESIDENTIAL SUBDIVISION (LAKE FRONT Col-rAGES, PHASE
2 OF THE HARVESTON SPECIFIC PLAN PLANNING AREA 3).
WHEREAS, Lennar Homes filed Planning Application No. PA03-0434 (the "Application") in a
manner in accord with the City of Temecula General Plan, Development Code and Subdivision
Ordinance;
WHEREAS, the Application was processed including, but not limited to public notice, in the
time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular meeting, considered the Application on
December 3, 2003, at a duly noticed public hearing as prescribed by law, at which time the City staff
and interested persons had an opportunity to, and did, testify either in support or opposition to this
matter;
WHEREAS, at the conclusion of the Commission hearings and after due consideration of the
testimony, the Commission recommended approval of the Application subject to and based upon
the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
by reference.
That the above recitations are true and correct and are hereby incorporated
Section 2. Findinqs. That the Planning Commission, in approving the Application,
hereby recommends the following findings as required in Section 17.05.010 F of the Temecula
Municipal Code.
A. The proposed use is in conformance with the general plan for Temecula and with all
applicable requirements of state law and other ordinances of the city.
The proposed single-family homes are permitted in the Medium Density land use
designation standards contained in the Harveston Specific Plan and the City's Development
Code. TheprojectisalsoconsistentwiththeMediumlandusedesignationcontainedinthe
General Plan. The site is propedy planned and zoned, and as conditioned, is physically
suitable for the type and density of the residential development proposed. The project, as
conditioned, is also consistent with other applicable requirements of State law and local
ordinances, including the California Environmental Quality Act (CEQA), the City Wide
Design Guidelines, and fire and building codes.
B. The overall development of the land is designed for the protection of the public
health, safety, and general welfare.
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The overall design of the single-family residences, including the site, building, and other
associated site improvements, is consistent with, and intended to protect the health and
safety of those working in and around the site. The project has been reviewed for, and as
conditioned, has been found to be consistent with all applicable policies, guidelines,
standards and regulations intended to ensure that the development will be constructed and
function in a manner consistent with the public health, safety and welfare.
C. The proposal is consistent with the Goals, and Objectives of the Harveston Specific
Plan.
The overall design of the single-family residences is consistent with the Design Guidelines
as set forth in the Harveston Specific Plan Sections 10.0 through 11.0.
Section 3. Environmental Compliance. The proposed project has been determined to be
consistent with the previously approved Harveston Specific Plan (EIR) and is exempt from further
Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations).
Section 4. Conditions. The Planning Commission of the City of Temecula approves the
application (PA 03-0434) a product review of a 67-1ot single-family residential subdivision (Lake
Front Cottages, Phase 2 of the Harveston Specific Plan Planning Area 3) for all of the foregoing
reasons and subject to the project specific conditions set forth on Exhibit A, attached hereto, and
incorporated herein by this reference together with any and all other necessary conditions that may
be deemed necessary.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 3rd day of December 2003.
ATTEST:
Dennis Chiniaeff, Chairperson
Debbie Ubnoske, Secretary
[SEAL]
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STATE OF CALIFORNIA )
COUNTYOF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that
PC Resolution No. 2003- was duly and regularly adopted by the Planning Commission of the
City of Temecula at a regular meeting thereof held on the 3~d day of Deoember 2003, by the
following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA03-0434 (Development Plan)
Project Description:
A request for Product Review and approval of three
model types and associated elevations within the
Harveston Specific Plan Planning Area 3 to be
constructed on 67 lots within Tract 30669 (Lennar
Homes)
DIF:
Per Development Agreement
Approval Date:
December 3, 2003
Expiration Date:
December 3, 2005
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant shall deliver to the Planning Department a cashier's check or money order
made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the
County administrative fee, to enable the City to file the Notice of Exemption as provided
under Public Resoumes Code Section 21108(b) and California Code of Regulations Section
15062. If within said forty-eight (48) hour period the applicant has not delivered to the
Planning Department the check as required above, the approval for the project granted shall
be void by reason of failure of condition (Fish and Game Code Section 711.4(c).
General Requirements
The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency
or instrumentality thereof, and/or any of its officers, employees, and agents from any and all
claims, actions, er proceedings against the City, or any agency or instrumentality thereof, or
any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary
damages resulting from an approval of the City, or any agency or instrumentality thereof,
advisory agency, appeal board or legislative body including actions approved by the voters
of the City, concerning the Planning Application which action is brought within the
appropriate statute of limitations period and Public Resoumes Code, Division 13, Chapter 4
(Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167).
The City shall promptly notify the permittee/applicant of any claim, action, or proceeding
brought forth within this time period. The City shall estimate the cost of the defense of the
action and applicant shall deposit said amount with the City. City may require additional
deposits to cover anticipated costs. City shall refund, without interest, any unused portions
of the deposit once the litigation is finally concluded. Should the City fail to either promptly
notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify,
defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its
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officers, employees, or agents. Should the applicant fail to timely post the required deposit,
the Director may terminate the land use approval without further notice to the applicant.
This approval shall be used within two (2) years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two (2) year period which is thereafter diligently
pursued to completion or the beginning of substantial utilization contemplated by this
approval.
Building elevations shall substantially conform to the approved Exhibits, including elevations,
floor plans, landscaping plans, hardscape plans, and plotting plan, contained on file with the
Planning Department or as amended by these changes.
The colors and materials (including lighting) for this project shall substantially conform to the
approved colors and materials contained on file with the Planning Department. Any
deviation from the approved colors and materials shall require approval of the Director of
Planning.
This approval is for product review only and shall in no way limit the city or other regulatory
or service agencies from applying additional requirements and/or conditions consistent with
applicable policies and standards upon the review of grading, building and other necessary
permits and approvals for the project.
The Development Code requires double garages to maintain a minimum clear interior
dimension of 20' x 20'. This shall be clearly indicated on the plans prior to the issuance of
building permits for the project. Interior dimensions are measured from the inside of garage
wall to the opposite wall, steps, landing, equipment pedestals, bollards or any similar type
feature. When the top of the stem wall is more than 8" above the garage floor, the required
dimension is measured from the inside edge of the stem wall.
Applicant shall obtain the proper permits before construction, including Encroachment
Permit from the Public Works Department for any work done in the City right-of-way, and
Building Permit from the Building and Safety Department.
9. Fire Hydrants shall be installed prior to the start of any construction at the site.
10.
Driveway widths shall comply with the driveway width requirements per City Standards. In
order to allow for adequate street parking, the driveway widths at curbs will be limited to 24'
maximum.
Prior to the Issuance of Grading Permits
11.
The applicant shall submit a Grading Plan, subject to the review and approval of the
Planning Department.
12.
The applicant shall sign both copies of the final conditions of approval that will be provided
by the Planning Department staff, and return one signed set to the Planning Department for
their files.
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13.
The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10"
glossy photographic color prints of the Color and Materials Boards and of the colored
version of the approved colored architectural elevations to the Planning Department for their
files. All labels on the Color and Materials Board and Elevations shall be readable on the
photographic prints.
Prior to the Issuance of Building Permits
14.
The applicant shall comply with standards conditions and requirements set forth in the
Harveston Specific Plan, Mitigation Monitoring Program, conditions of approval for PA00-
0295 (Tract 29639), the Development Agreement between the City of Temecula and
Harveston Specific Plan.
15.
The applicant shall submit mailbox elevations and a plot plan clearly indicating the location
of each mailbox area. Mailbox type and location shall be subject to the approval of the
Postmaster and Planning Director.
16.
Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the
Planning Department for approval. These plans shall conform substantially with the
approved Attachment 1, or as amended by any other related conditions. The location,
number, genus, species, and container size of the plants shall be shown. The plans shall be
consistent with the Water Efficient Ordinance. The cover page shall identify the total square
footage of the landscaped area for the site. Additionally, the following revisions shall be
made to the landscape construction drawings prior to issuance of building permits:
a. Myoporum pacificum shall be deleted from the plant legend.
b. The size of the Grevillea 'Noellii' shall be revised from 1 gallon to a 5-gallon size.
17.
Prior to construction of the Model Home complex, the applicant shall apply for a Model
Home complex permit.
18.
Precise Grading Plans consistent with the approved rough grading plans, plotting plan,
structural setback measurements shall be submitted and approved.
19.
The developer shall demonstrate to the Planning Director that all homes will have double
paned windows with at least a 25 STC rating installed to reduce noise from occasional
aircraft over flights.
20.
The developer shall provide proof that construction debris, including but not limited to
lumber, asphalt, concrete, sand, paper and metal is recycled through the City's solid waste
hauler, subject to the approval of the Community Services Department.
21.
All design components shall comply with applicable provisions of the 1998 edition of the
California Building, Plumbing, Mechanical and Fire Codes; 1998 National Electrical Code;
California Administrative Code, Title 24 Energy and Disabled Access Regulations and the
Temecula Municipal Code.
22.
Obtain all building plans and permit approvals prior to commencement of any construction
work.
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23.
A pre-construction meeting is required with the building inspector pdor to commencement of
any construction or inspections.
24.
Provide appropriate stamp of a registered professional with original signature on plans and
structural calculations submitted for plan review.
25. Provide electrical plan including Icad calculations and panel schedule for plan review.
26.
Schematic plumbing plans, electrical plan and Icad calculations, along with mechanical
equipment and ducting plans shall be submitted for plan review stamped and odginal signed
by an appropriate registered professional.
27. Obtain street addresses from the Building Official prior to submittal of plans for plan review.
28.
Signage shall be posted conspicuously at the entrance to the project that indicates the hours
of construction, shown below, as allowed by City of Temecula Ordinance No. 94-21,
specifically Section G (1) of Riverside county Ordinance No. 457.73, for any site within one-
quarter mile of an occupied residence.
Monday-Friday: 6:30 a.m. - 6:30 p.m.
Saturday: 7:00 a.m.- 6:30 p.m.
No work is permitted on Sunday or Government Holidays
Prior to the Issuance of Occupancy Permits
29.
All required landscape planting and irrigation shall have been installed consistent with the
approved construction plans and shall be in a condition acceptable to the Director of
Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation
system shall be properly constructed and in good working order.
30.
Performance securities, in amounts to be determined by the Director of Planning, to
guarantee the maintenance of the plantings, in accordance with the approved construction
landscape and irrigation plan shall be filed with the Planning Department for one year from
final certificate of occupancy. After that year, if the landscaping and irrigation system have
been maintained in a condition satisfactory to the Director of Planning, the applicant shall
release the bond upon request.
31.
If deemed necessary by the Director of Planning, the applicant shall provide additional
landscaping to effectively screen various components of the project.
32.
Front yard and slope landscaping, hardscaping and fencing within individual lots shall be
completed for inspection prior to issuance of each occupancy permit (excluding model home
complex structures).
33.
The developer shall submit proof that all local refuse generators have been provided with
written information about opportunities for recycling and waste reduction (i.e. buyback
centers, curbside availability), subject to the approval of the Public Works and Community
Services Departments.
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34.
All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Planning Commission approval.
Applicant's Signature
Date
Applicant's Printed Name
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A'I-I'ACHMENT NO. 3
HARVESTON SPECIFIC PLAN DESIGN GUIDELINES
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SECTION 10.0 DESIGN GUIDELINES
AMERICAN FARMHOUSE
INSPIRATION PHOTO:
APPROPRIATE STYLE ELEMENTS:
· Simple plan form massing and simple roof
design
· Porches with simple wood columns
· Porches with wood railings
· 6:12to 9:12 rnofpitch
· Front to back main gable roof
· 12" overhangs
· Architectural quality wood or asphalt
shingles or smooth flat concrete tiles
· Light to medium sand finish stucco or
blended siding and stucco ..
· Vertical multi-paned windows at front
elevations and in high visibility public
view areas
· Single paned windows on sides and rear
elevations
ADDITIONAL STYLE ELEMENTS:
· White vinyl wrapped aluminum windows
· Stucco finish or horizontal siding wrapped chimney
· Garage door patterns complimentary to style
· Minimum 2x4 wood window and door trim
· Whites or dark stucco body colors
· Light earth tone bodies with contrasting coot or warm trims
· White or dark color accent trims
Note: The photographs and drawings used to demonstrate a sO,le are meant to be inspirational and not to be
construed as a rigid formula for design·
Harveston Specific Plan 10-69
SECTION 10.0 DESIGN GUIDELINES
COLONIAL
INSPIRATION PHOTO:
APPROPRIATE STYLE ELEMENTS:
· Simple plan form massing and simple roof
design
· 6:12 to 12:12 roof pitch
· 0" to 12" overhangs
· Front to back dominant gable roof with one
intersecting gable roof
· Architectural quality wood or asphalt
shingles or smooth flat concrete tiles
· Fine to light sand finish or light lace finish
stucco or blanded siding and stucco
· Vertical multi-paned windows at front
elevations and in high visibility public view
areas
ADDITIONAL S~'YLE ELEMENTS:
· Single paned windows on sides and rear elevations
· Minimum 2x4 wood window and door trim
· White vinyl wrapped aluminum windows
· Entry porches with simply trimmed wood columns
· Stucco finish or horizontal siding wrapped chimney
· Garage door pattems complimentary to style
· Round attic vents
· Brick accents
· Shutters
· Pastels to cool colors with white trims
· Dark color shutters
· White trim / fascias
Note: The photographs and drw~'ings used to demonstrate a sO'le are meant to be inspirational and not to be
construed as a rigid formula for design.
SECTION 10.0 DESIGN GUIDELINES
CRAFTSMAN
INSPIRATION PHOTO:
ADDITIONAL STYLE ELEMENTS:
· Windows are of~an ganged in pairs
· Single paned windows at sides and rears
· White vinyl wrap aluminum windows
· Arts and cral~s style lighting fixtures
· Shaped wood header trim at windows and doors
· Simple knee brace
· Outlooker
· Light earth tone colors
· Playful / dark accent
APPROPRIATE STYLE ELEMENTS:
· Simple 2 story boxed massing with vertical
and horizontal breaks
· Entry porches with heavy square columns
or posts on stone piers
· 3~ 12 to4~A 12 roof pitch
· 18" to 24" overhangs
· Architectural quality asphalt shingles or
shingles texture fiat concrete tiles
· Basic gable roof side to side or front to
back with cross gables
· Blended siding and stucco
· Light to medium sand finish or California
Monterey Finish
· Vertically hung upper mullioned windows
at front elevation and in high visibility areas
Note:
The photographs and drawings used to demonstrate a sO,le are meant to be insph'ational and not to be
construed as a r/gid formtda for design.
SECTION 10.0 DESIGN GUIDELINES
EAST COAST TI J)ITIONAL
INSPIRATION PHOTO:
APPROPRIATE STYLE ELEMENTS:
· Plan form massing with a vertical and an
horizontal break
· 6:12 to 12:12 roofpitch
· 18" to 24" overhangs
· Concrete roof tile with shingle look
· Front to back gable or hip roof with
intersecting hip or gable roofs
· Blended stucco and siding
· Single paned windows at sides and rears
· White vinyl wrap aluminum windows
· Decorative accent windows
ADDITIONAL STYLE ELEMENTS:
· Full wood porches and or wood balconies
· Simplified versions of Colonial cornice trim at gable ends
· 2x6 wood windows and door trim
· Garage door patterns complimentary to style
· White detailing trims
Note: The photographs and drawings used to dentonstrate a sO'lc are meant to be inspirational and not to be
construed as a rigid formula for design.
Harveston Specific Plan 10-74
SECTION 10.0 DESIGN GUIDELINES
MONTEREY
INSPIRATION PHOTO:
APPROPRIATE STYLE ELEMENTS:
· Simple box plan form
· Main hip or front to back gable roof front to
back at 4:12 to 7:12 and shed roof break over
balcony at 3¼ to 4½ 12 roof pitch
· 12" to 24" overhangs
· Barrel or"S" tile roofs
· Fine sand to California Monterey stucc6 finish
· Vertical siding accents at gable ends and 2~
floor balcony
· Simplified colonial style window and door
trim
· Single paned windows at sides and rears
ADDITIONAL STYLE ELEMENTS:
· White vinyl wrap aluminum windows
· Wood balcony and railing
· Ornate chimney top trim
· Round tile attic vents
· Garage door patterns complimentary to style
· Shutters '
· Whites, painted brick
· White or dark brown trims, balconies
Note: The photographs and drm*,ings ttsed to dentonstrate a sO,le are meant to be inspirational and not to be
construed as a rigid formula for design.
Harveston Specific Plan 10-76 e IwIgv~iNI6~.~I,D£CE~,IBER.$P~CIFIC.PLA~'C~REXlS~HARV~TO~C~VI~OlO~
SECTION 10.0 DESIGN GUIDELINES
SPANISH COLONIAL
INSPIRATION PHOTO:
ADDITIONAL STYLE ELEMENTS:
· White vinyl wrap aluminum windows
· Stucco over foam window and door trim
· Arched stucco column porches
· Garage door patterns complimentary to style
· White tone body with bright accent trim
· Dark brown trims
APPROPRIATE STYLE ELEMENTS.'
· 2 story massing with strong one story
element
· 4:12 to 5:12 roof pitch
· 12" to 18" overhang
· Simple hip or gable roof with one
intersecting gable roof
· Barrel or"S" shape concrete tiles
· Fine to light sand finish or light lace finish
stlleco
· Vertically hung 9 and 12 pan~d windows at
front elevation and in high visibility areas
· Often ganged in pairs
· Single paned windows a! sides and rears
Note:
The photographs and drawings used to demonstrate a style are meant to be inspirational and not to be
construed as a rigid formula for design.
Harveston Specific Plan 10-78
SECTION 11.0 DEVELOPMENT STANDARDS
Planning Area 3: Medh~m 2 Density Residential, Lake, Lake Park, Paseo Park,'VBlage Green and
Mixed Use Overlay Zone Description
Hanning Area 3, as depicted in Figure 11.3, Planning Area Detail 3, provides for 35.9 acres of Medium 2
density residential roes. A total of 330 dwelling units are planned at a target density of 9.2 du/ac (Density Range
77.1.3 du/ac). Additionally, a 17.3-acre lake/lake park is planned within Planning Area 3, which also includes ..file
Village Club. There is also a 2.0-aere Paseo park proposed which intercepts Planning Area. 2 and co~nneets to me
Community Park. There is also a 1.8-acre Village Green within this Plannlng Area. Planning Area ~ proposes a
Mixed-Use Overlay zone, which will extend beyond this Planning Area, into planning Areas 4 and 6. This zone
will have a variety of uses such as retail, restaurant, and more. The proposed product types for this planning area
include small lot single family detached, attached and chster development.
Land Use Development Standards
Please refer to Zoning Ordinance in this Section of the Specific Plan (see Section 11-4).
Hannlng._Standards
1. Access into Planning Area 3 shall be provided from the Village Center Conector, with internal access
through Planning Areas 2 and 4. Specific location of the access points shall be determined at the
Tentative Map stage (refer to Figure 10.1-12).
2. Please refer to Section 10.0 for specific Design Guidelines and other related design.
3. An 8.4-acre lake shall be provided in planning A.rea 3, surl'ounded by a lake park (refer to Figure 6.4).
Landscape treatment shall be provided along the edge of the planning Area boundary and Loop Road
(refer to Figure 10.1-8).
5. Special landscaping buffer shall be provided between the Lake/Lake Park and the residential uses (refer
to Figures 10.1-14 and 10.1-15).
6. The 2.0-acre Paseo Park shall connect the CommuI~ty Park in Planning Area 1 to the Lake Park (refer
to Figures 6.5 and 10.1-13)..
7. A paseo edge landscape treatment shall be provided along the edges of the paseo park (refer to Figures
6.5 and 10.1-13).
8. A lake park trail shall be provided around the lake (continuation of the paseo park trail) (refd~/6Figures
6.4 and 6.5).
9. A Class H bike lane shall be provided along the Loop Road (refor to Figure 10.1-8).
10. A community paseo shall be provided along the outer edge of the Loop Road (refer to Figure 10.1-8).
11. Please refer to the following sections for General Development Standards that apply site-wide:
Land Use Plan
Circulation Plan
Infrastructure Plan
Open Space and Recreation Plan
Grading Plan
Landscaping Plan
Harveston Specific Plan
REVISED 8/14/01
SECTION IL0 DEVELOPMENT STANDARDS
11.43 Medium 2 (M2) Density Residential Zone (7-13 dwelling nnit$ per acre)
Planning Areas 3~ 5~ 9 and 11
The following regulations shall apply in the Medium 2 Density ReSidential:
Permitted/Conditionally Permitted Uses Matrix
Medium 2
All types of non-commercial horticulture p
ChurcheS, synagogues and other similar religious sll'uctures and facilitieS including C
incidental useS such as assembly, work rooms, living quarters of a priest, minister or
family, and day care and educational facilitieS.
Condomlnlum-q p
Congregate care residential facilities for the elderly P
Day care centers C
Duplex (two-family dwellings) P
Family day care homes - large, as defined by State law. C
Family day care homes - sulall - 6 or fewer P
Croup care facilitieS and residential retirement homes, 6 or less people P
Home oecupations, provided such occupations are customarily conducted as an P
accessory use entirely within a building containing a residential use or attached garage.
No outdoor stora~,¢ or uses shall be permitted.
Public facilities (Plannln~ P
Public and private recreational facilities including, but not limited to: country clubs, P
tennis and swim clubs, golf courses, lakes, parks, racquetball and handball, limited
commercial useS which are Coaumouly associated and directly related to the primary
Public parks and public playgrounds P
Rear access p
ReSideatial care facilities for the elderly (six or fewer) P
Secondar~ dwelling units/granny flats/~uest house P
Single family attached p
Single family detached (small lots, clustered) P
Temporary real eState tract officeS located within a subdivision, to be used only for and P
during the original sale of the subdivision, provided a development plan is approved:
pursuant to City Ordinance.
Trails p
Other Uses: Any use that is not specifically listed above may be considered a permitted use
provided that the Director of planning finds that the proposed use is substantially the same in
character and intensity as those listed in the designated subsections. Such a use is subject to the
permit process, which governs the category in which it falls.
Harveaton Specific .Plan
SECTION IL0
DEVELOPMENT STANDARDS
Develo ment Standards
The following standards of development shall apply in the Medium 2 I)ensi~y Residential Zone of
planning Areas 3, 5, 9 and 11. Table 11.3 provides a graphic sa~mmary of the following Medium 2 (fyi2)
dsv~lopment standards at the end of this section.
For ~luster projects within the MI, M2 and High density zoning districts, the development standards for
lot sizes and setbacks may be varied by the Director of Planning as long as the duster project falls within
the allowed density ranges of the avpcopdaU~ zone district The purpose of this provision is to allow for
innovative and alternative homing types around courtyards and common areas.
1. Building height shall not exceed three (3) stories, with a maximum height of forty feet (40'):
2. Minimum residential lot area shall be not less than two thousand (2,000) square feet and the
average residential lot area shall be not less than two thousand five hundred (2,500) square feet.
3. Ah-space condomlni~mas are exempt from the minimum lOt size requirements provided that the
overall density is consistent with the planning area requirements.
4. Land aoreage located w~thln Landscape Development Zones (LDZ's) shall not be inclhded in area
calculations for meeting minimum lot size requirements.
5. The _minimum lot width at the front property line shall'be twenty five feet (25'), with an average
lot width of thirty feet (30') and a rr~nlmum lot depth of sixty feet (60'). Lots at the end of oxide-
sacs and knuckles may vary from the minimum depth requirement provided a lot provides an
adequate area for development.
6. The minimum lot width for a flag lot, eul4e-sae, or knuckle at front property line shall be twenty
feet (20').
7. The minimum lot width at 3equlred fron! setback area shall be thirty feet (30').
1Vflnlmum yard rcquirgmgllts aI~ as follOws:
a. IVi'inimtim front yard - The main building structure setback shall be 10 feet from the
- Wo~m'y line. Other portions of a structure including patios, porches and C°unyards may
be setback a mlnlm~ll of 3 feet. Front yard setbacks from garage doors to back of
sidewalk Shall be a l~]nlmugl of 18 :feet. Building setbacks shall be measured from the
property line.
b. lvilnimum interior side yard - Variable Side Yard Setbacks: Variable side yard setbacks
may be permitted provided the sum of the side yard setbacks is not less than 6 feet and
the distance between adjacent structures is not less than 6 feet. For attached units, interior
side yard setback shall be reduced to zero feet.
c. Vaffable rear yard setbacks:
Harveston Specific P/an ' 11-38
REVISED 8/14/01 . .
SECTION IL0 DEVELOPlVIENT S ARDS
10.
11.
IZ
1)
Front loaded: an 8-foot minimum rear setback is permitted in'the M-2 district,
provided an average setback of 10 feet shall be maintained.
Rear vehicle access: the minimum rear yard $etbacl~ to th~ garage shall be 3 feet
and the main structure setback shall be 10' (g~ound floor) and a 3' mlnlmnm with
a 5' average setback for second story elements over the garage. At the rear of
each lot, a mlnlmllm of 12 square feet of landscaping shall be provided (refer to
Figure 11.13).
d. The comer side yard shall not be 1,ess than ten feet (10')
1V[inlmum yard requirements in the Mixed Use Overhy zone may be waived or altered by
the Director of Planning in order to achieve the mix of uses, building scale and design
elements, as described in Section 11.4.5.
The of planning Commission may approve modifications to these shaudards up to 15% for
innovative and quality designs that meet the intent of the provisions for this Specific Plan (refer to
Section 11.5 of this document).
Parking. A mlnln'nlm of two (2) enclosed spaces shal! be provided per unit/lot. Enclosures shall
comply with all yard requirements.
Fences and Walls. Fences and walls shall be permitted within front, side, and rear yard set back
areas except as provided for below:
a. Fences may not be erected within either public or private street rights-of-way.
bo
Co
Wherever fencing is visible from public view, the finished side of the fencing shall be
exposed to public view.
No fence or wall shall exceed six feet (63 in height, unless a higher wall is sPeCifically
required for sound attenuation purposes. The height of the fence or wall shall be
measured from the highest ground level immediately adjacent t6 the Fase of the wall.
'd.
Privacy walls, if lnOvided in side and rear yards, shall be a minimul~ of five feet (5~ in
height
eo
In front yard set back areas, solid fences and walls shall not exceed thirty inches (30") in
height; provided, however, that fences and walls up to six feet (6~ in height are permitted
in front yards if the area above thirty inches (30") is no more than thin'y percent (30%)
solid.
L
All pool enclosure fencing shall conform to applicable State of California or City of
Tea~cula pool code fencing requirements, whichever is more stringent.
For religious institutions and community facilities in Planning Area 9 supplemental landscaping,
screening and buffering shall be required adjasent to residential uses. The Director of Planning
shall determine the adequacy of this requirement.
Harve~ton Specific Plan
11-39
SECTION I1.0
DEVELOPMENT STANDARDS
TABL~ 11.3
sUMMARy DEVI~OPM~NT STANDARDS FOR M2 (MEx)IUM D~l~srl~
RI~IDI~VI'I~ 7.13 DU's/AC - ZONE
Minimum Lot Area Per Dwelling Unit 2,000
Average Lot Area Per Dwellin~ Unit 2,500
Dw~llin~ Units Per N~t Acr~ 7 - 13
2,OT DIMENSIONS
Minimum Lot Width at Front Property Line 2~
Minimtlm Lot Width for a Flag Lot, cul-de-sac, or knuckle at Fron 20
Prop~ Linc
IV[in|mum Lot Width at Required Front Setback Area 30
Average Lot Width 30
Minlmnm Lot Depth 60
]v~inlmum FroBt Yard Variable*
Minimum Corner $id¢ Yard Variable*
Minimum ]nte~or Side Yard Variable*
Minimum Rear Yard Variable*
*Refe~ to Pag~ 11-38 for specific setback requirements.
FRONT LOADED
RE~ ACCESS
3' MINIMUM
I"! ; PA'nOS, PO~CHES
' ' I AND COURTYARDS
REVISED 8114101
ITEM #4
Date of Meeting:
STAFF REPORT- PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
December 3, 2003
Prepared by: Sheila M. Powers
Title: Associate Planner
File Number PA03-0432, 0433,
0435, 0436
Application Type:
Development Plan (Product
Review)
Project Description:
Four product reviews within the Harveston Specific Plan [(Tracts
30668, 30668-1, 30669-1 (Sarasota); 30667, 30667-2 (Chatham);
30667-1, 30667-3 (St. Augustine); 30668-2, & 30669-2 (Auburn Ln.)]
generally located south of Harveston Lake, north of LooP Rd. and
east of Loop Road.
Recommendation: [] Approve with Conditions
(Check One)
[] Deny
[] Continue for Redesign
[] Continue to:
[] Recommend Approval with Conditions
[] Recommend Denial
CEQA: CEQA
[] Categorically Exempt Section 15162
(Check One)
[] Negative Declaration
[] Mitigated Negative Declaration with Monitoring Plan
[] EIR
PROJECT DATA SUMMARY:
Applicant:
Lennar Homes
Completion Date: August 8, 2003
Mandatory Action Deadline Date: December 8, 2003
General Plan Designation: Medium
Zoning Designation: SP-13: Sarasota, Chatham, St. Augustine, and Auburn Lane
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Site/Surrounding Land Use:
Site:
Four product reviews within the Harveston Specific Plan [(Tracts
30668, 30668-1, 30669-1 (Sarasota); 30667, 30667-2 (Chatham); 30667-
1, 30667-3 (St. Augustine); 30668-2, & 30669-2 (Auburn Ln.)]
North: Vacant
South: Vacant
East: Vacant
West: Vacant
BACKGROUND SUMMARY:
Staff has worked with the applicant to ensure that all concerns have been addressed,
and the applicant concurs with the recommended Conditions of Approval.
(or)
Staff has worked with the applicant to ensure that all concerns have been addressed,
however, the following issues have not been resolved to the satisfaction to staff.
PROJECT DESCRIPTION
There are four product reviews being proposed: PA 03-0432 (Sarasota), PA 03-0433
(Chatham), PA 03-0435 (St. Augustine), and PA 03-0436 (Auburn Ln.). Following is a
description of each product review:
SARASOTA: Product review of 109-1ot single-family residential subdivision part of phase 2
of the Harveston Specific Plan Planning Area 2. Consists of three (3) architectural styles for
three (3) floor plans. Plan One is 1,890 square foot single story residence. Plan Two is a
2,430 square foot two-story residence. Plan Three is a 2,535 square foot two-story
residence. This product review offers Cottage, Craftsman, and Spanish Colonial
architectural styles.
CHATHAM: Product review of a 78-1ot single-family residential subdivision, phase 2 of the
Harveston Specific Plan Planning Area 1. Consists of five (5) architectural styles for three
(3) floor plans. Plan One is 2,517 single story residence. Plan Two is a 3,292 square foot
two-story residence. Plan Three is a 3,601 two-story residence. This product review offers
American Farmhouse, Colonial, Cottage, East Coast Traditional, and Spanish Colonial
architectural styles.
ST. AUGUSTINE: Product review of a 93-1ot single-family residential subdivision in phase 2
of the Harveston Specific Plan Planning Area 1. Consists of four (4) architectural styles for
three (3) floor plans. Plan One is 2,774 square foot two-story residence. Plan Two is a
3,046 square foot two-story residence. Plan Three is a 3,601 square foot two-story
residence. This product review offers American Farmhouse, Cape Cod, Italianate, and
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Spanish Colonial architectural styles.
AUBURN LANE: Product review of a 119-1ot single-family residential subdivision in phase 2
of the Harveston Specific Plan Planning Area 2. Consists of three (3) amhitectural styles for
three (3) floor plans. Plan One is 1,767 square foot two-story residence. Plan Two is a
1,913 square foot two-story residence. Plan Three is a 2,112 square foot two-story
residence. This product review offers Cottage, Craftsman, and Spanish Colonial
architectural styles.
The application proposes a total of eight (8) architectural styles (American Farmhouse, Cape
Cod; Colonial, Cottage, Craftsman, East Coast Traditional, Italianate, and Spanish Colonial) and
three (3) floor plans. The following table provides a description of each floor plan:
PRODUCT REVIEW
PLAN STYLE OFFERED PROPOSED DETAILS
American Chatham; St. Simple plan form massing & simple roof
Farmhouse Augustine design; front to back main gable roof; 12"
overhangs; composition shingles; blended
siding & stucco; single hung windows at front;
simple wood columns w/knee braces at porch;
2x4 wood window & door trim
Cape Cod St. Augustine Simple plan form massing w/simple roof
design; porch w/double wood columns; front to
back main gable roof; 12" overhangs; smooth
flat concrete tiles; blended siding & stucco;
vertical multi-parted windows
Colonial Chatham Simple plan form massing & simple roof
design; front to back dominant gable
w/intersecting gable roof; 12" overhangs; flat
concrete tiles; blended siding & stucco; vertical
multi-paned windows at front elevation; 2x4
wood window & door trim; entry porch w/simply
trimmed wood column; wood shutters; brick
veneer at porch
Cottage Sarasota; Chatham; Main roof hip w/intersecting gable roof; 6:12
Auburn Ln. roof pitch; 12" overhangs; 2x6 rafter tails; flat
concrete tiles; sand finish stucco; recessed
shingle hung windows at front; horizontal siding
accent at gable end; shutters and wood
potshelves
Craftsman Sarastoa;.Auburn Window accent per style; traditional shutter
accent; siding accent at gable end with beam &
knee brace; trim accent; column accent;
shingle siding accent; stone accent; flat
concrete tile with a roof pitch of 4:12; 2x8
fascia w/18" eave & 12" rake; 2x stucco trim;
plumb cut rake ends; paneled garage door;
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accent lighting
PRODUCT REVIEW
PLAN STYLE OFFERED PROPOSED DETAILS
East Coast Chatham Plan form massing w/a vertical & horizontal
Traditional break; 6:12 roof pitch; composition shingles;
12" to 18" overhangs; blended siding & stucco;
multi-paned windows at front elevation; full
wood porch & balcony; header window wood
accent trim; square column w/trim; wood
shutters
Italianate St. Augustine 2-story massing w/vertical break at entry; main
hip roof w/minor intersecting hip roofs; 4:12
roof pitch; stucco eaves; "S" shaped concrete
tiles; vertically hung windows; selected
windows paired; arched top accent windows
Spanish Eclectic Sarasota; Chatham; St. Recessed theme window; stucco eave accent
(Colonial) Augustine; Auburn Ln. at gable end; window accent per style; rustic
shutter accent; tile accent at gable end; "S" Iow
profile concrete tile roof with 4:12 pitch; 2x8
fascia w/12" eave & 6' rake; 2x stucco trim;
plumb cut rake ends; paneled garage door;
accent lighting
ANALYSIS
Staff has reviewed the applications and has conditioned them to be consistent with the Design
Guidelines of the Harveston Specific Plan. Please refer to Attachment 3, the Design Guidelines,
of the Harveston Specific Plan. The design intent and elements proposed by the applicant
include architecturally forward residences, a variety of garage placement, eight different
amhitectural styles a variety of roof heights and pitches, pedestrian connections and variable lot
setbacks. These elements are consistent with the requirements of the design guidelines in the
Harveston Specific Plan amhitectural styles. Below is a table analyzing each Product Review
proposal.
PRODUCT ARCHITECTURAL ARCHITECTURAL CHARACTERISTICS
REVIEW STYLE
Sarasota · COTTAGE: Main roof hip w/intersecting gable
roof; 6:12 roof pitch; 12" overhangs; 2x6 rafter
tails; flat concrete tiles; sand finish stucco;
recessed shingle hung windows at front;
horizontal siding accent at gable end; shutters and
wood potshelves.
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PRODUCT ARCHITECTURAL ARCHITECTURAL CHARACTERISTICS
REVIEW STYLE
Sarasota Cottage, · CRAFTSMAN: Window accent per style;
Craftsman, traditional shutter accent; siding accent at gable
Spanish Colonial end with beam & knee brace; trim accent; column
accent; shingle siding accent; stone accent; flat
concrete tile with a roof pitch of 4:12; 2x8 fascia
w/18" eave & 12" rake; 2x stucco trim; plumb cut
rake ends; paneled garage door; accent lighting.
Sarasota Staff recommends that the additional
architectural features be utilized: less stucco and
more siding, columns be more broad at the base,
entry porches with heavy square columns or posts
on stone piem, basic gable roof side to side or
front to back with cross gables, 18"-24"
overhangs, and more variation in roof form.
· SPANISH COLONIAL: Recessed theme window;
stucco eave accent at gable end; window accent
per style; rustic shutter accent; tile accent at gable
end; "S" Iow profile concrete tile roof with 4:12
pitch; 2x8 fascia w/12" eave & 6" rake; 2x stucco
trim; plumb cut rake ends; paneled garage door;
accent lighting. Staff recommends that the
additional architectural features be utilized: No
square windows, windows and garage door
entryway to be amhed, more use of wrought iron,
scones, and/or decorative tiles, more variation in
roof form
· Applicant should refer to the Phase One
approval of Product "D" for more clarification
Chatham Cottage, East · COTTAGE: Main roof hip w/intersecting gable
Coast Traditional, roof; 6:12 roof pitch; 12" overhangs; 2x6 rafter
Spanish Colonial tails; flat concrete tiles; sand finish stucco;
recessed shingle hung windows at front;
horizontal siding accent at gable end; shutters and
wood potshelves. Staff recommends that the
additional architectural features be utilized:
swooping roof at the front elevation and
potshelves.
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PRODUCT ARCHITECTURAL ARCHITECTURAL CHARACTERISTICS
REVIEW STYLE
Chatham Cottage, East · EAST COAST TRADITIONAL: Plan form
Coast Traditional, massing w/a vertical & horizontal break; 6:12 roof
Spanish Colonial pitch; composition shingles 12" to 18" overhangs;
blended siding & stucco; multi-paned windows at
front elevation; full wood porch & balcony; header
window wood accent trim; square column w/trim;
wood shutters. Staff recommends that the
additional architectural features be utilized: more
variation in roof pitches (6:12 to 12:12), front to
back gable or hip roof with intersecting hip or
gable roofs, single paned windows at sides and
rears, 18"-24" overhangs as opposed to 12"-18",
decorative accent windows, dormers, concrete
roof tile with shingle look, and wood shutters.
· SPANISH COLONIAL: Recessed theme window;
stucco eave accent at gable end; window accent
per style; rustic shutter accent; tile accent at gable
end; "S" Iow profile concrete tile roof with 4:12
pitch; 2x8 fascia w/12" eave & 6" rake; 2x stucco
trim; plumb cut rake ends; paneled garage door;
accent lighting. Staff recommends that the
additional architectural features be utilized: No
square windows, windows and garage door
entryway to be arched, more use of wrought iron,
scones, and/or decorative tiles, more variation in
roof form. Applicant should refer to the Phase
One approval of Product "D" for more clarification.
St. Augustine American · AMERICAN FARMHOUSE: Simple plan form
Farmhouse, Cape massing & simple roof design; 5:12 roof pitch;
Cod, Italianate, front to back main gable roof; 12" overhangs;
Spanish Colonial composition shingles; blended siding & stucco;
single hung windows at front; simple wood
columns w/knee braces at porch; 2x4 wood
window & door trim. Staff recommends that the
additional architectural features be utilized: 6:12
to 9:12 roof pitch, front to back main gable roof,
and vertical multi-paned windows at front
elevations and in high visibility public view areas.
Applicant should refer to the Phase One approval
of Product "B" for more clarification.
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PRODUCT ARCHITECTURAL ARCHITECTURAL CHARACTERISTICS
REVIEW STYLE
St. Augustine American · CAPE COD: Simple plan form massing w/simple
Farmhouse, Cape roof design; porch w/double wood columns; front
Cod, Italianate, to back main gable roof; 12" overhangs; smooth
Spanish Colonial flat concrete tiles; blended siding & stucco;
vertical multi-paned windows. Staff recommends
that the additional architectural features be
utilized: 5:12 to 7:12 roof pitch, 12" to 18" roof
overhang, single paned windows on sides and
rears, additional siding and 2x4 wood window trim
surrounds. Applicant should refer to the Phase
One approval of Product "F" for more clarification.
· ITALIANATE: 2-story massing w/vertical break at
entry; main hip roof w/minor intersecting hip roofs;
4:12 roof pitch; stucco eaves; "S" shaped concrete
tiles; vertically hung windows; selected windows
paired; arched top accent windows.
· SPANISH COLONIAL: Recessed theme window;
stucco eave accent at gable end; window accent
per style; rustic shutter accent; tile accent at gable
end; "S" Iow profile concrete tile roof with 4:12
pitch; 2x8 fascia w/12' eave & 6" rake; 2x stucco
trim; plumb cut rake ends; paneled garage door;
accent lighting. Staff recommends that the
additional architectural features be utilized: No
square windows, windows and garage door
entryway to be arched, more use of wrought iron,
scones, and/or decorative tiles, more variation in
roof form. Applicant should refer to the Phase
One approval of Product "D' for more clarification
Auburn Lane Cottage, · COTTAGE: Main roof hip w/intersecting gable
Craftsman, roof; 6:12 roof pitch; 12" overhangs; 2x6 ratter
Spanish Colonial tails; flat concrete tiles; sand finish' stucco;
recessed shingle hung windows at front;
horizontal siding accent at gable end; and
shutters. Staff recommends that the additional
architectural features be utilized: swooping roof at
the front elevation, more roof variation, entry
accent with real stone, and potshelves.
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PRODUCT ARCHITECTURAL ARCHITECTURAL CHARACTERISTICS
REVIEW STYLE
Auburn Lane Cottage, · CRAFTSMAN: Window accent per style;
Craftsman, traditional shutter accent; siding accent at gable
Spanish Colonial end with beam & knee brace; trim accent; column
accent; shingle siding accent; stone accent; flat
concrete tile with a roof pitch of 4:12; 2x8 fascia
w/18" eave& 12" rake; 2x stucco trim; plumb cut
rake ends; paneled garage door; accent lighting.
Staff recommends that the additional architectural
features be utilized: less stucco and more siding,
columns be more broad at the base, entry
porches with heavy square columns or posts on
stone piers, basic gable roof side to side or front
to back with cress gables, 18"-24" overhangs, and
more variation in roof form.
· SPANISH COLONIAL: Recessed theme window;
stucco eave accent at gable end; window accent
per style; rustic shutter accent; tile accent at gable
end; "S" Iow profile concrete tile roof with 4:12
pitch; 2x8 fascia w/12" eave & 6" rake; 2x stucco
trim; plumb cut rake ends; paneled garage door;
accent lighting. Staff recommends that the
additional architectural features be utilized: No
square windows, windows and garage door
entryway to be arched, more use of wrought iron,
scones, and/or decorative tiles, no wrought iron
shall be installed over windows, more variation in
roof form. Applicant should refer to the Phase
One approval of Product "D" for more clarification
Garaqe Placement
All four (4) product reviews are considered "architectural-forward" which are strongly encouraged
by the design guidelines in the Harveston Specific Plan. Garages can be accessed through the
porte cocheres or off the street. The homesites have been dimensioned to allow the "living"
portions of the residence to be pulled forward on the lot so that active, articulated architecture
can visually dominate the street scene, rather than have the garages dominate the street scene.
Entryways have been designed off the street as well as an angle to show a variety at the front
elevation of the residence.
Massinq
The proposal gives careful attention not to create massive structures by stepping back second
stories and having a number of varying roof planes. A sense of variety for single story elements
can be seen with the use of covered porches and covered entryways leading to the residence.
Window trim, accent vents, shutters, additional siding, additional roof ridges, and amhed
doorways have been incorporated on the enhanced plans for public view as required by the
design guidelines of the Harveston Specific Plan.
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Buildinq Materials
Building materials and colors have been incorporated to match the proposed architectural style.
Each architectural style has 2-3 siding, roof and stucco color to choose from. All materials and
colors that have been proposed by the applicant have been found to be consistent with the
Harveston Specific Plan.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act, the proposed Project has
been deemed to be categorically exempt from further environmental review. (Class,
name, type)
(or)
The proposed project has been determined to be consistent with the previously
approved Harveston Specific Plan (EIR) and is exempt from further Environmental
Review (CEQA Section 15162 sub,sequent EIR's and Negative Declarations).
CONCLUSION/RECOMMENDATION:
Staff recommends that the Planning Commission make the following findings as required in
Section 17.05.010 F of the Temecula Municipal Code.
FINDINGS
Staff recommends the following findings as required in Section 17.05.010 F of the Temecula
Municipal Code.
A. The proposed use is in conformance with the general plan for Temecula and with all
ATrACHMENTS
2.
3.
4.
5.
6.
7.
applicable requirements of state law and other ordinances of the city.
The overall development of the land is designed for the protection of the public health,
safety, and general welfare.
The proposal is consistent with the Goals, and Objectives of the Harveston Specific Plan.
Plan Reductions - Blue Page 10
PA03-0432 - PC Resolutions No. 2003-
PA03-0433 - PC Resolutions No. 2003-
PA03-0435 - PC Resolutions No. 2003-
PA03-0436 - PC Resolutions No. 2003-
- Blue Page 11
- Blue Page 12
- Blue Page 13
- Blue Page 14
Harveston Specific Plan Design Guidelines- Blue Page 15
Approved Phase One Architectural Styles - Blue Page 16
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9
ATTACHMENT NO. 1
PLAN REDUCTIONS
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10
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PA03-0432 - PC RESOLUTION NO. 2003-
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11
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA03-0432 PRODUCT REVIEW OF A 109-LOT SINGLE-FAMILY
RESIDENTIAL SUBDIVISION (SARASOTA, PHASE 2 OF THE
HARVESTON SPECIFIC PLAN PLANNING AREA 2).
WHEREAS, Lennar Homes filed Planning Application No. PA03-0432 (the "Application") in a
manner in accord with the City of Temecula General Plan, Development Code and Subdivision
Ordinance;
WHEREAS, the Application was processed including, but not limited to public notice, in the
time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular meeting, considered the Application on
December 3, 2003, at a duty noticed public hearing as prescribed by law, at which time the City staff
and interested persons had an opportunity to, and did, testify either in support or opposition to this
matter;
WHEREAS, at the conclusion of the Commission hearings and after due consideration of the
testimony, the Commission recommended approval of the Application subject to and based upon
the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
by reference.
That the above recitations are true and correct and are hereby incorporated
Section 2. Findinqs. That the Planning Commission, in approving the Application,
hereby recommends the following findings as required in Section 17.05.010 F of the Temecula
Municipal Code.
A. The proposed use is in conformance with the general plan for Temecula and with all
applicable requirements of state law and other ordinances of the city.
The proposed single-family homes are permitted in the Medium Density land use
designation standards contained in the Harveston Specific Plan and the City's Development
Code. The project is also consistent with the Medium land use designation contained in the
General Plan. The site is properly planned and zoned, and as conditioned, is physically
suitable for the type and density of the residential development proposed. The project, as
conditioned, is also consistent with other applicable requirements of State law and local
ordinances, including the California Environmental Quality Act (CEQA), the City Wide
Design Guidelines, and fire and building codes.
B. The overall development of the land is designed for the protection of the public
health, safety, and general welfare.
R:\D P~003\03-0432 Harveston Sarasota Product Review\Staff Report-COA\PC Resolution.DOC
The overall design of the single-family residences, including the site, building, and other
associated site improvements, is consistent with, and intended to protect the health and
safety of those working in and around the site. The project has been reviewed for, and as
conditioned, has been found to be consistent with all applicable policies, guidelines,
standards and regulations intended to ensure that the development will be constructed and
function in a manner consistent with the public health, safety and welfare.
Plan.
C. The proposal is consistent with the Goals, and Objectives of the Harveston Specific
The overall design of the single-family residences are consistent with the design guidelines
as set forth in the Harveston Specific Plan Sections 10.0 through 11.0.
Section 3. Environmental Compliance. The proposed project has been determined to be
consistent with the previously approved Harveston Specific Plan (EIR) and is exempt from further
Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations).
Section 4. Conditions. The Planning Commission of the City of Temecula approves the
application (PA 03-0432) a product review of a 109-1ot single-family residential subdivision
(Sarasota, Phase 2 of the Harveston Specific Plan Planning Area 2) for all of the foregoing reasons
and subject to the project specific conditions set forth on Exhibit A, attached hereto, and
incorporated herein by this reference together with any and all other necessary conditions that may
be deemed necessary.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 3rd day of December 2003.
ATTEST:
Dennis Chiniaeff, Chairperson
Debbie Ubnoske, Secretary
[SEAL]
R:~D P~003\03-0432 Harveston Sarasota Product Review\Staff Report-COA\PC Resolution,DOC
2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certifythat
PC Resolution No. 2003- was duly and regularly adopted by the Planning Commission of the
City of Temecuta at a regular meeting thereof held on the 3rd day of December 2003, by the
following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R:\D P~003\03-0432 Harveston Sarasota Product Review\Staff Report-COA\PC Resolution.DOC
3
EXHIBIT A
CONDITIONS OF APPROVAL
R:~D P~003~03-0432 Harveston Sarasota Product Review~Staff Report~COA~PC Resolution. DOC
4
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA03-0432 (Development Plan)
Project Description:
A request for Product Review and approval of three
model types and associated elevations within the
Harveston Specific Plan Planning Area 2 to be
constructed on 109 lots within Tracts 30668, 30668-1, &
30669-1 (Lennar Homes)
DIF:
Per Development Agreement
Approval Date:
December 3, 2003
Expiration Date:
December 3, 2005
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant shall deliver to the Planning Department a cashier's check or money order
made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the
County administrative fee, to enable the City to file the Notice of Exemption as provided
under Public Resources Code Section 21108(b) and California Code of Regulations Section
15062. If within said forty-eight (48) hour period the applicant has not delivered to the
Planning Department the check as required above, the approval for the project granted shall
be void by reason of failure of condition (Fish and Game Code Section 711.4(c).
General Requirements
The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency
or instrumentality thereof, and/or any of its officers, employees, and agents from any and all
claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or
any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary
damages resulting from an approval of the City, or any agency or instrumentality thereof,
advisory agency, appeal board or legislative body including actions approved by the voters
of the City, concerning the Planning Application which action is brought within the
appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4
(Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167).
The City shall promptly notify the permittee/applicant of any claim, action, or proceeding
brought forth within this time period. The City shall estimate the cost of the defense of the
action and applicant shall deposit said amount with the City. City may require additional
deposits to cover anticipated costs. City shall refund, without interest, any unused portions
of the deposit once the litigation is finally concluded. Should the City fail to either promptly
notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify,
defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its
R:\D P~2003\03-0432 Harveston Sarasota Product Review\Staff RepoH~COA\PC Resolution.DOC
5
officers, employees, or agents. Should the applicant fail to timely post the required deposit,
the Director may terminate the land use approval without further notice to the applicant.
This approval shall be used within two (2) years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two (2) year period which is thereafter diligently
pursued to completion or the beginning of substantial utilization contemplated by this
approval.
Building elevations shall substantially conform to the approved Exhibits, including elevations,
floor plans, landscaping plans, hardscape plans, and plotting plan, contained on file with the
Planning Department or as amended by these changes.
The colors and materials (including lighting) for this project shall substantially conform to the
approved colors and materials contained on file with the Planning Department. Any
deviation from the approved colors and materials shall require approval of the Director of
Planning.
This approval is for product review only and shall in no way limit the city or other regulatory
or service agencies from applying additional requirements and/or conditions consistent with
applicable policies and standards upon the review of grading, building and other necessary
permits and approvals for the project.
The Development Code requires double garages to maintain a minimum clear interior
dimension of 20' x 20'. This shall be clearly indicated on the plans prior to the issuance of
building permits for the project. Interior dimensions are measured from the inside of garage
wall to the opposite wall, steps, landing, equipment pedestals, bollards or any similar type
feature. When the top of the stem wall is more than 8" above the garage floor, the required
dimension is measured from the inside edge of the stem wall.
Applicant shall obtain the proper permits before construction, including Encroachment
Permit from the Public Works Department for any work done in the City right-of-way, and
Building Permit from the Building and Safety Department.
9. Fire Hydrants shall be installed prior to the start of any construotion at the site.
10.
Driveway widths shall comply with the driveway width requirements per City Standards. In
order to allow for adequate street parking, the driveway w~dths at curbs w'll be rm'ted to 24'
maximum.
Prior to the Issuance of Grading Permits
11.
The applicant shall submit a Grading Plan, subject to the review and approval of the
Planning Department.
12.
The applicant shall sign both copies of the final conditions of approval that will be provided
by the Planning Department staff, and return one signed set to the Planning Department for
their files.
R:~D P~003\03-0432 Harveston Sarasota Product Review\Staff Report-COA~PC Resolution.DOC
6
13.
The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10"
glossy photographic color prints of the Color and Materials Boards and of the colored
version of the approved colored architectural elevations to the Planning Department for their
files. All labels on the Color and Materials Board and Elevations shall be readable on the
photographic prints.
Prior to the Issuance of Building Permits
14.
The applicant shall comply with standards conditions and requirements set forth in the
Harveston Specific Plan, Mitigation Monitoring Program, conditions of approval for PA00-
0295 (Tract 29639), the Development Agreement between the City of Temecula and
Harveston Specific Plan.
15.
The applicant shall submit mailbox elevations and a plot plan clearly indicating the location
of each mailbox area. Mailbox type and location shall be subject to the approval of the
Postmaster and Planning Director.
16.
Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the
Planning Department for approval. These plans shall conform substantially with the
approved Attachment 1, or as amended by any other related conditions. The location,
number, genus, species, and container size of the plants shall be shown. The plans shall be
consistent with the Water Efficient Ordinance. The cover page shall identifythe total square
footage of the landscaped area for the site. Additionally, the following revisions shall be
made to the landscape construction drawings prior to issuance of building permits:
a. Myoporum pacificum shall be deleted from the plant legend of the landscape plans.
17.
Prior to construction of the Model Home complex, the applicant shall apply for a Model
Home complex permit.
18.
Precise Grading Plans consistent with the approved rough grading plans, plotting plan,
structural setback measurements shall be submitted and approved.
19.
The developer shall demonstrate to the Planning Director that all homes will have double
paned windows with at least a 25 STC rating installed to reduce noise from occasional
aircraft over flights.
20.
The developer shall provide proof that construction debris, including but not limited to
lumber, asphalt, concrete, sand, paper and metal is recycled through the City's solid waste
hauler, subject to the approval of the Community Services Department.
21.
All design components shall comply with applicable provisions of the 1998 edition of the
California Building, Plumbing, Mechanical and Fire Codes; 1998 National Electrical Code;
California Administrative Code, Title 24 Energy and Disabled Access Regulations and the
Temecula Municipal Code.
22.
Obtain all building plans and permit approvals prior to commencement of any construction
work.
23.
A pre-construction meeting is required with the building inspector prior to commencement of
any construction or inspections.
R:~D P~2003\03-0432 Harveston Sarasota product Review\Staff Report-COA\PC Resolution. DOC
7
24. Provide appropriate stamp of a registered professional with original signature on plans and
structural calculations submitted for plan review.
25. Provide electrical plan including load calculations and panel schedule for plan review.
26.
Schematic plumbing plans, electrical plan and load calculations, along with mechanical
equipment and ducting plans shall be submitted for plan review stamped and original signed
by an appropriate registered professional.
27. Obtain street addresses from the Building Official prior to submittal of plans for plan review.
28.
Signage shall be posted conspicuously at the entrance to the project that indicates the hours
of construction, shown below, as allowed by City of Temecula Ordinance No. 94-21,
specifically Section G (1) of Riverside county Ordinance No. 457.73, for any site within one-
quarter mile of an occupied residence.
Monday-Friday: 6:30 a.m. - 6:30 p.m.
Saturday: 7:00 a.m.- 6:30 p.m.
No work is permitted on Sunday or Government Holidays
Prior to the Issuance of Occupancy Permits
29.
All required landscape planting and irrigation shall have been installed consistent with the
approved construction plans and shall be in a condition acceptable to the Director of
Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation
system shall be properly constructed and in good working order.
30.
Performance securities, in amounts to be determined by the Director of Planning, to
guarantee the maintenance of the plantings, in accordance with the approved construction
landscape and irrigation plan shall be filed with the Planning Department for one year from
final certificate of occupancy. After that year, if the landscaping and irrigation system have
been maintained in a condition satisfactory to the Director of Planning, the applicant shall
release the bond upon request.
31.
If deemed necessary by the Director of Planning, the applicant shall provide additional
landscaping to effectively screen various components of the project.
32.
Front yard and slope landscaping, hardscaping and fencing within individual lots shall be
completed for inspection prior to issuance of each occupancy permit (excluding model home
complex structures).
33.
The developer shall submit proof that all local refuse generators have been provided with
written information about opportunities for recycling and waste reduction (i.e. buyback
centers, curbside availability), subject to the approval of the Public Works and Community
Services Departments.
R:~D P~2003\03-0432 Harveston Sarasota Product Review\Staff Report-COA\PC Resolution. DOC
8
34.
All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I fudher understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Planning Commission approval.
Applicant's Signature
Date
R:\D P~.003\03-0432 Harveston Sarasota Product Review\Staff Repod~COA\PC Resolution. DOC
9
ATTACHMENT NO. 3
PA03-0433 - PC RESOLUTION NO. 2003-
R:XD PX2003~03-0432 Harveston Sarasota Product Review~Staff Report-COA~,PC Staff Rpt Continuance dec 3 2003.dot
12
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA03-0433 PRODUCT REVIEW OF A 78-LOT SINGLE-FAMILY
RESIDENTIAL SUBDIVISION (CHATHAM, PHASE 2 OF THE
HARVESTON SPECIFIC PLAN PLANNING AREA 1).
WHEREAS, Lennar Homes filed Planning Application No. PA03-0433 (the "Application") in a
manner in accord with the City of Temecula General Plan, Development Code and Subdivision
Ordinance;
WHEREAS, the Application was processed including, but not limited to public notice, in the
time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular meeting, considered the Application on
December 3, 2003, at a duly noticed public hearing as prescribed by law, at which time the City staff
and interested persons had an opportunity to, and did, testify either in support or opposition to this
matter;
WHEREAS, at the conclusion of the Commission hearings and after due consideration of the
testimony, the Commission recommended approval of the Application subject to and based upon
the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
by reference.
That the above recitations are true and correct and are hereby incorporated
Section 2. Findinqs. That the Planning Commission, in approving the Application,
hereby recommends the following findings as required in Section 17.05.010 F of the Temecula
Municipal Code.
A. The proposed use is in conformance with the general plan for Temecula and with all
applicable requirements of state law and other ordinances of the city.
The proposed single-family homes are permitted in the Medium Density land use
designation standards contained in the Harveston Specific Plan and the City's Development
Code. TheprojectisalsoconsistentwiththeMediumlandusedesignationcontainedinthe
General Plan. The site is properly planned and zoned, and as conditioned, is physically
suitable for the type and density of the residential development proposed. The project, as
conditioned, is also consistent with other applicable requirements of State law and local
ordinances, including the California Environmental Quality Act (CEQA), the City Wide
Design Guidelines, and fire and building codes.
B. The overall development of the land is designed for the protection of the public
health, safety, and general welfare.
The overall design of the single-family residences, including the site, building, and other
R:\D P~003\03-0433 Harveston Chatham Product Review\Staff Rpt~COA\PC Resolution-COA.DOC
associated site improvements, is consistent with, and intended to protect the health and
safety of these working in and around the site. The project has been reviewed for, and as
conditioned, has been found to be consistent with all applicable policies, guidelines,
standards and regulations intended to ensure that the development will be constructed and
function in a manner consistent with the public health, safety and welfare.
C. The proposal is consistent with the Goals, and Objectives of the Harveston Specific
Plan.
The overall design of the single-family residences is consistent with the design guidelines as
set forth in the Harveston Specific Plan Sections 10.0 through 11.0.
Section 3. Environmental Compliance. The proposed project has been determined to be
consistent with the previously approved Harveston Specific Plan (EIR) and is exempt from further
Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations).
Section 4. Conditions. The Planning Commission of the City of Temecula approves the
application (PA 03-0433) a product review of a 78-1ot single-family residential subdivision (Chatham,
Phase 2 of the Harveston Specific Plan Planning Area 1 ) for all of the foregoing reasons and subject
to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by
this reference together with any and all other necessary conditions that may be deemed necessary.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 3rd day of December 2003.
ATTEST:
Dennis Chiniaeff, Chairperson
Debbie Ubnoske, Secretary
[SEAL]
R:\D P~003\03-0433 Harveston Chatham Product Review~Staff Rpt~COA\PC Resofution-COA.DOC
2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certifythat
PC Resolution No. 2003- was duly and regularly adopted by the Planning Commission of the
City of Temecula at a regular meeting thereof held on the 3rd day of December, 2003, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R:~D P~003\03-0433 Harveston Chatham Product Review\Staff Rpt~COA\PC Resolulion-COA.DOC
3
EXHIBIT A
CONDITIONS OF APPROVAL
R:~D P~2003~3-0433 Harveston Chatham Product Review~Staff Rpt-COA~PC Resolufion~COA.DOC
4
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA03-0433 (Development Plan)
Project Description:
A request for Product Review and approval of three
model types and associated elevations within the
Harveston Specific Plan Planning Area I to be
constructed on 78 lots within Tracts 30667 & 30667-2
(Lennar Homes)
DIF:
Per Development Agreement
Approval Date:
December 3, 2003
Expiration Date:
December 3, 2005
PLANNING DEPARTMENT
Within
1.
Forty-Eight (48) Hours of the Approval of this Project
The applicant shall deliver to the Planning Department a cashier's check or money order
made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the
County administrative fee, to enable the City to file the Notice of Exemption as provided
under Public Resources Code Section 21108(b) and California Code of Regulations Section
15062. If within said forty-eight (48) hour period the applicant has not delivered to the
Ptanning Department the check as required above, the approval for the project granted shall
be void by reason of failure of condition (Fish and Game Code Section 711.4(c).
General Requirements
The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency
or instrumentality thereof, and/or any of its officers, employees, and agents from any and all
claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or
any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary
damages resulting from an approval of the City, or any agency or instrumentality thereof,
advisory agency, appeal board or legislative body including actions approved by the voters
of the City, concerning the Planning Application which action is brought within the
appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4
(Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167).
The City shall promptly notify the permittee/applicant of any claim, action, or proceeding
brought forth within this time period. The City shall estimate the cost of the defense of the
action and applicant shall deposit said amount with the City. City may require additional
deposits to cover anticipated costs. City shall refund, without interest, any unused portions
of the deposit once the litigation is finally concluded. Should the City fail to either promptly
notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnity,
defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its
R:\D P~003\03-0433 Harveston Chatham Product Review\Staff Rpt-COA~PC Resolution~COA.DOC
5
officers, employees, or agents. Should the applicant fail to timely post the required deposit,
the Director may terminate the land use approval without further notice to the applicant.
This approval shall be used within two (2) years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two (2) year period which is thereafter diligently
pursued to completion or the beginning of substantial utilization contemplated by this
approval.
Building elevations shall substantially conform to the approved Exhibits, including elevations,
floor plans, landscaping plans, hardscape plans, and plotting plan, contained on file with the
Planning Department or as amended by these changes.
The colors and materials (including lighting) for this project shall substantially conform to the
approved colors and materials contained on file with the Planning Department. Any
deviation from the approved colors and materials shall require approval of the Director of
Planning.
This approval is for product review only and shall in no way limit the city or other regulatory
or service agencies from applying additional requirements and/or conditions consistent with
applicable policies and standards upon the review of grading, building and other necessary
permits and approvals for the project.
The Development Code requires double garages to maintain a minimum clear interior
dimension of 20' x 20'. This shall be clearly indicated on the plans prior to the issuance of
building permits for the project. Interior dimensions are measured from the inside of garage
wall to the opposite wall, steps, landing, equipment pedestals, bollards or any similar type
feature. When the top of the stem wall is more than 8" above the garage floor, the required
dimension is measured from the inside edge of the stem wall.
Applicant shall obtain the proper permits before construction, including Encroachment
Permit from the Public Works Department for any work done in the City right-of-way, and
Building Permit from the Building and Safety Department.
9. Fire Hydrants shall be installed prior to the start of any construction at the site.
10.
Driveway widths shall comply with the driveway width requirements per City Standards. In
order to allow for adequate street parking, the driveway widths at curbs will be limited to 24'
maximum.
Prior to the Issuance of Grading Permits
11.
The applicant shall submit a Grading Plan, subject to the review and approval of the
Planning Department.
12.
The applicant shall sign both copies of the final conditions of approval that will be provided
by the Planning Department staff, and return one signed set to the Planning Department for
their files.
R:\D P~2003\03-0433 Harveston Chatham Product Review\Staff Rpt-COA\PC Resolution-COA. DOC
6
13.
The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10"
glossy photographic color prints of the Color and Materials Boards and of the colored
version of the approved colored architectural elevations to the Planning Department for their
files. All labels on the Color and Materials Board and Elevations shall be readable on the
photographic prints.
Prior to the Issuance of Building Permits
14.
The applicant shall comply with standards conditions and requirements set forth in the
Harveston Specific Plan, Mitigation Monitoring Program, conditions of approval for PA00-
0295 (Tract 29639), the Development Agreement between the City of Temecula and
Harveston Specific Plan.
15.
The applicant shall submit mailbox elevations and a plot plan clearly indicating the location
of each mailbox area. Mailbox type and location shall be subject to the approval of the
Postmaster and Planning Director.
16.
Three (3) copies of Construction Landscaping and irrigation Plans shall be submitted to the
Planning Department for approval. These plans shall conform substantially with the
approved Attachment 1, or as amended by any other related conditions. The location,
number, genus, species, and container size of the plants shall be shown. The plans shall be
consistent with the Water Efficient Ordinance. The cover page shall identifythe total square
footage of the landscaped area for the site. Additionally, the following revisions shall be
made to the landscape construction drawings prior to issuance of building permits:
a. Myoporum pacificum shall be deleted from the plant legend.
b. Street trees on Chatham shall be coordinated with the park street trees to the west.
17.
Prior to construction of the Model Home complex, the applicant shall apply for a Model
Home complex permit.
18.
Precise Grading Plans consistent with the approved rough grading plans, plotting plan,
structural setback measurements shall be submitted and approved.
19.
The developer shall demonstrate to the Planning Director that all homes will have double
paned windows with at least a 25 STC rating installed to reduce noise from occasional
aircraft over flights.
20.
The developer shall provide proof that construction debris, including but not limited to
lumber, asphalt, concrete, sand, paper and metal is recycled through the City's solid waste
hauler, subject to the approval of the Community Services Department.
21.
All design components shall comply with applicable provisions of the 1998 edition of the
California Building, Plumbing, Mechanical and Fire Codes; 1998 National Electrical Code;
California Administrative Code, Title 24 Energy and Disabled Access Regulations and the
Temecula Municipal Code.
22.
Obtain all building plans and permit approvals prior to commencement of any construction
work.
R:\D P~003\03-0433 Harveston Chatham Product Review\Staff RpI~COA\PC Resolution~COA.DOC
7
23. A pre-construction meeting is required with the building inspector prior to commencement of
any construction or inspections.
24.
Provide appropriate stamp of a registered professional with original signature on plans and
structural calculations submitted for plan review.
25. Provide electrical plan including Icad calculations and panel schedule for plan review.
26.
Schematic plumbing plans, electrical plan and Icad calculations, along with mechanical
equipment and ducting plans shall be submitted for plan review stamped and original signed
by an appropriate registered professional.
27. Obtain street addresses from the Building Official prior to submittal of plans for plan review.
28.
Signage shall be posted conspicuously at the entrance to the project that indicates the hours
of construction, shown below, as allowed by City of Temecula Ordinance No. 94-21,
specifically Section G (1) of Riverside county Ordinance No. 457.73, for any site within one-
quarter mi~e of an occupied residence.
Monday-Friday: 6:30 a.m. - 6:30 p.m.
Saturday: 7:00 a.m.- 6:30 p.m.
No work is permitted on Sunday or Government Holidays
Prior to the Issuance of Occupancy Permits
29.
All required landscape planting and irrigation shall have been installed consistent with the
approved construction plans and shall be in a condition acceptable to the Director of
Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation
system shall be properly constructed and in good working order.
30.
Performance securities, in amounts to be determined by the Director of Planning, to
guarantee the maintenance of the plantings, in accordance with the approved construction
landscape and irrigation plan shall be filed with the Planning Department for one year from
final certificate of occupancy. After that year, if the landscaping and irrigation system have
been maintained in a condition satisfactory to the Director of Planning, the applicant shall
release the bond upon request.
31.
If deemed necessary by the Director of Planning, the applicant shall provide additional
landscaping to effectively screen various components of the project.
32.
Front yard and slope landscaping, hardscaping and fencing within individual lots shall be
completed for inspection prior to issuance of each occupancy permit (excluding model home
complex structures).
33.
The developer shall submit proof that all local refuse generators have been provided with
written information about opportunities for recycling and waste reduction (i.e. buyback
centers, curbside availability), subject to the approval of the Public Works and Community
Services Departments.
R:~D P~003\03-0433 Harveston Chatham Product Review\Staff Rpt~COA\PC Resoluflon-COA. DOC
8
34.
All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Planning Commission approval.
Applicant's Signature
Date
R:\D P~003\03-0433 Harveston Chatham Product Review\Staff Rpt~COA\PC Resolution~COA.DOC
9
ATTACHMENT NO. 4
PA03-0435 - PC RESOLUTION NO. 2003-
R:XD P~2003\03-0432 ttarveston Sarasota Product Review~Staff Report~COA~UC Staff Rpt Continuance dec 3 2003.dot
13
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA03-0435 PRODUCT REVIEW OF A 93-LOT SINGLE-FAMILY
RESIDENTIAL SUBDIVISION (ST. AUGUSTINE, PHASE 2 OF THE
HARVESTON SPECIFIC PLAN PLANNING AREA 1)
WHEREAS, Lennar Homes filed Planning Application No. PA03-0435 (the "Application") in a
manner in accord with the City of Temecula General Plan, Development Code and Subdivision
Ordinance;
WHEREAS, the Application was processed including, but not limited to public notice, in the
time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular meeting, considered the Application on
December 3, 2003, at a duly noticed public hearing as prescribed by law, at which time the City staff
and interested persons had an opportunity to, and did, testify either in support or opposition to this
matter;
WHEREAS, at the conclusion of the Commission hearings and after due consideration of the
testimony, the Commission recommended approval of the Application subject to and based upon
the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
by reference.
That the above recitations are true and correct and are hereby incorporated
Section 2. Findinqs. That the Planning Commission, in approving the Application,
hereby recommends the following findings as required in Section 17.05.010 F of the Temecula
Municipal Code.
A. The proposed use is in conformance with the general plan for Temecula and with all
applicable requirements of state law and other ordinances of the city.
The proposed single-family homes are permitted in the Medium Density land use
designation standards contained in the Harveston Specific Plan and the City's Development
Code. The project is also consistent with the Medium land use designation contained in the
General Plan. The site is properly planned and zoned, and as conditioned, is physically
suitable for the type and density of the residential development proposed. The project, as
conditioned, is also consistent with other applicable requirements of State law and local
ordinances, including the California Environmental Quality Act (CEQA), the City Wide
Design Guidelines, and fire and building codes.
B. The overall development of the land is designed for the protection of the public
health, safety, and general welfare.
R:\D P~003~03-0435 Harveston St. Augustine Product ReviewS. Staff Rpts-COA's\PC Resolution-COA,DOC
1
The overall design of the single-family residences, including the site, building, and other
associated site improvements, is consistent with, and intended to protect the health and
safety of those working in and around the site. The project has been reviewed for, and as
conditioned, has been found to be consistent with all applicable policies, guidelines,
standards and regulations intended to ensure that the development will be constructed and
function in a manner consistent with the public health, safety and welfare.
C. The proposal is consistent with the Goals, and Objectives of the Harveston Specific
Plan.
The overall design of the single-family residences are consistent with the design
guidelines as set forth in the Harveston Specific Plan Sections 10.0 through 11.0.
Section 3. Environmental Compliance. The proposed project has been determined to be
consistent with the previously approved Harveston Specific Plan (EIR) and is exempt from further
Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations).
Section 4. Conditions. The Planning Commission of the City of Temecula approves the
application (PA 03-0435) a product review of a 93-1ot single-family residential subdivision (St.
Augustine, Phase 2 of the Harveston Specific Plan Planning Area 1 ) for all of the foregoing reasons
and subject to the project specific conditions set forth on Exhibit A, attached hereto, and
incorporated herein by this reference together with any and all other necessary conditions that may
be deemed necessary.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 3rd day of December 2003.
ATTEST:
Dennis Chiniaeff, Chairperson
Debbie Ubnoske, Secretary
[SEAL]
R:~) P~2003\03-0435 Har~eston St, Augustine Product Revie,,,AStaff Rpts~COA's\PC Resolution~COA.DOC
2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certifythat
PC Resolution No. 2003- was duly and regularly adopted by the Planning Commission of the
City of Temecula at a regular meeting thereof held on the 3rd day of December 2003, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R:~D P~003\03-0435 Harveston St. Augustine Product Review\Staff Rpts~CQA's\PO Resolution-COA.DOC
3
EXHIBIT A
CONDITIONS OF APPROVAL
R:~D P~2003~03-0435 Harveston St. Augustine Product Review~Staff Rpts-COA's~PC Resolution~COA.DOC
4
Project Description:
DIF:
Approval Date:
Expiration Date:
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA03-0435 (Development Plan)
A request for Product Review and approval of three
model types and associated elevations within the
Harveston Specific Plan Planning Area I to be
constructed on 93 lots within Tracts 30667-1, & 30667-3
(Lennar Homes)
Per Development Agreement
December 3, 2003
December 3, 2005
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant shall deliver to the Planning Department a cashier's check or money order
made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the
County administrative fee, to enable the City to file the Notice of Exemption as provided
under Public Resources Code Section 21108(b) and California Code of Regulations Section
15062. If within said forty-eight (48) hour period the applicant has not delivered to the
Planning Department the check as required above, the approval for the project granted shall
be void by reason of failure of condition (Fish and Game Code Section 711.4(c).
General Requirements
The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency
or instrumentality thereof, and/or any of its officers, employees, and agents from any and all
claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or
any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary
damages resulting from an approval of the City, or any agency or instrumentality thereof,
advisory agency, appeal board or legislative body including actions approved by the voters
of the City, concerning the Planning Application which action is brought within the
appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4
(Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167).
The City shall promptly notify the permittee/applicant of any claim, action, or proceeding
brought forth within this time period. The City shall estimate the cost of the defense of the
action and applicant shall deposit said amount with the City. City may require additional
deposits to cover anticipated costs. City shall refund, without interest, any unused portions
of the deposit once the litigation is finally concluded. Should the City fail to either promptly
notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify,
defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its
R:\D P~003\03-0435 Harveston St. Augustine Product Review\Staff Rpts-COA's\PC Resolution~COA.DOC
5
officers, employees, or agents. Should the applicant fail to timely post the required deposit,
the Director may terminate the land use approval without further notice to the applicant.
This approval shall be used within two (2) years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two (2) year period which is thereafter diligently
pursued to completion or the beginning of substantial utilization contemplated by this
approval.
Building elevations shall substantially conform to the approved Exhibits, including elevations,
floor plans, landscaping plans, hardscape plans, and plotting plan, contained on file with the
Planning Department or as amended by these changes.
The colors and materials (including lighting) for this project shall substantially conform to the
approved colors and materials contained on file with the Planning Department. Any
deviation from the approved colors and materials shall require approval of the Director of
Planning.
This approval is for product review only and shall in no way limit the city or other regulatory
or service agencies from applying additional requirements and/or conditions consistent with
applicable policies and standards upon the review of grading, building and other necessary
permits and approvals for the project.
The Development Code requires double garages to maintain a minimum clear interior
dimension of 20' x 20'. This shall be clearly indicated on the plans prior to the issuance of
building permits for the project. Interior dimensions are measured from the inside of garage
wall to the opposite wall, steps, landing, equipment pedestals, bollards or any similar type
feature. When the top of the stem wall is more than 8" above the garage floor, the required
dimension is measured from the inside edge of the stem wall.
Applicant shall obtain the proper permits before construction, including Encroachment
Permit from the Public Works Department for any work done in the City right-of-way, and
Building Permit from the Building and Safety Department.
9. Fire Hydrants shall be installed prior to the start of any construction at the site.
10.
Driveway widths shall comply with the driveway width requirements per City Standards. in
order to allow for adequate street parking, the driveway widths at curbs will be limited to 24'
maximum.
Prior to the Issuance of Grading Permits
11.
The applicant shall submit a Grading Plan, subject to the review and approval of the
Planning Department.
12.
The applicant shall sign both copies of the final conditions of approval that will be provided
by the Planning Department staff, and return one signed set to the Planning Department for
their files.
R:\D P~003\03-0435 Harveston St. Augustine Product Review\Staff Rpts-COA's\PC Resolution~COA. DOC
6
13.
The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10"
glossy photographic color prints of the Color and Materials Boards and of the colored
version of the approved colored architectural elevations to the Planning Department for their
files. All labels on the Color and Materials Board and Elevations shall be readable on the
photographic prints.
Prior to the Issuance of Building Permits
14.
The applicant shall comply with standards conditions and requirements set forth in the
Harveston Specific Plan, Mitigation Monitoring Program, and conditions of approval for
PA00-0295 (Tract 29639), the Development Agreement between the City of Temecula and
Harveston Specific Plan.
15.
The applicant shall submit mailbox elevations and a plot plan clearly indicating the location
of each mailbox area. Mailbox type and location shall be subject to the approval of the
Postmaster and Planning Director.
16.
Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the
Planning Department for approval. These plans shall conform substantially with the
approved Attachment 1, or as amended by any other related conditions. The location,
number, genus, species, and container size of the plants shall be shown. The plans shall be
consistent with the Water Efficient Ordinance. The cover page shall identify the total square
footage of the landscaped area for the site. Additionally, the following revisions shall be
made to the landscape construction drawings prior to issuance of building permits:
a. Myoporum pacificum shall be deleted from the plant legend.
b. The spacing of the Gazania shall be revised to 12" on center.
17.
Chimney caps are to represent the architectural style accurately. Staff is to review and
approve chimney caps prior to the issuance of building permits.
· 18. All railings shall be made of quality grade wrought iron. No wood shall be utilized.
19.
Prior to construction of the Model Home complex, the applicant shall apply for a Model
Home complex permit.
20.
Precise Grading Plans consistent with the approved rough grading plans, plotting plan,
structural setback measurements shall be submitted and approved.
21.
The developer shall demonstrate to the Planning Director that all homes will have double
parted windows with at least a 25 STC rating installed to reduce noise from occasional
aircraft over flights.
22.
The developer shall provide proof that construction debris, including but not limited to
lumber, asphalt, concrete, sand, paper and metal is recycled through the City's solid waste
hauler, subject to the approval of the Community Services Department.
23.
All design components shall comply with applicable provisions of the 1998 edition of the
California Building, Plumbing, Mechanical and Fire Codes; 1998 National Electrical Code;
California Administrative Code, Title 24 Energy and Disabled Access Regulations and the
Temecula Municipal Code.
R:\D P~003\03-0435 Harveston St. Augustine Product Review\Staff Rpts~COA's\PC Resolution-COA.DOC
7
24.
Obtain all building plans and permit approvals prior to commencement of any construction
work.
25.
A pre-construction meeting is required with the building inspector prior to commencement of
any construction or inspections.
26.
Provide appropriate stamp of a registered professional with original signature on plans and
structural calculations submitted for plan review.
27. Provide electrical plan including load calculations and panel schedule for plan review.
28.
Schematic plumbing plans, electrical plan and load calculations, along with mechanical
equipment and ducting plans shall be submitted for plan review stamped and original signed
by an appropriate registered professional.
29. Obtain street addresses from the Building Official prior to submittal of plans for plan review.
30.
Signage shall be posted conspicuously at the entrance to the project that indicates the hours
of construction, shown below, as allowed by City of Temecula Ordinance No. 94-21,
specifically Section G (1) of Riverside county Ordinance No. 457.73, for any site within one-
quarter mile of an occupied residence.
Monday-Friday: 6:30 a.m. - 6:30 p.m.
Saturday: 7:00 a.m.- 6:30 p.m.
No work is permitted on Sunday or Government Holidays
Prior to the Issuance of Occupancy Permits
31.
All required landscape planting and irrigation shall have been installed consistent with the
approved construction plans and shall be in a condition acceptable to the Director of
Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation
system shall be properly constructed and in good working order.
32.
Performance securities, in amounts to be determined by the Director of Planning, to
guarantee the maintenance of the plantings, in accordance with the approved construction
landscape and irrigation plan shall be filed with the Planning Department for one year from
final certificate of occupancy. After that year, if the landscaping and irrigation system have
been maintained in a condition satisfactory to the Director of Planning, the applicant shall
release the bond upon request.
33.
If deemed necessary by the Director of Planning, the applicant shall provide additional
landscaping to effectively screen various components of the project.
34.
Front yard and slope landscaping, hardscaping and fencing within individual lots shall be
completed for inspection prior to issuance of each occupancy permit (excluding model home
complex structures).
35.
The developer shall submit proof that all local refuse generators have been provided with
written information about opportunities for recycling and waste reduction (i.e. buyback
centers, curbside availability), subject to the approval of the Public Works and Community
Services Departments.
R:~D P~2003\03-0435 Harveston St. Augustine Product Review\Staff Rpts-COA's\PC Resolution-COA.OOC
8
36.
All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
By ptacing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Planning Commission approval.
Applicant's Signature
Date
R:\D P',2003\03-0435 Harveston St. Augustine Product Review\Staff Rpts-COA's\PC Resolution-COA.DOC
9
A'I-rACHMENT NO. 5
PA03-0436 - PC RESOLUTION NO. 2003-
R:~D P~2003\03-0432 Harveston Sarasota Product Review~Staff Report-COA~2 Staff Rpt Continuance dec 3 2003.dot
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA03-0436 PRODUCT REVIEW OF A 119-LOT SINGLE-FAMILY
RESIDENTIAL SUBDIVISION (AUBURN LN. PHASE 2 OF THE
HARVESTON SPECIFIC PLAN PLANNING AREA 2).
WHEREAS, Lennar Homes fi[ed Planning Application No. PA03-0436 (the "Application") in a
manner in accord with the City of Temecula General Plan, Development Code and Subdivision
Ordinance;
WHEREAS, the Application was processed including, but not limited to public notice, in the
time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular meeting, considered the Application on
December 3, 2003, at a duly noticed public hearing as prescribed by law, at which time the City staff
and interested persons had an opportunity to, and did, testify either in support or opposition to this
matter;
WHEREAS, at the conclusion of the Commission hearings and after due consideration of the
testimony, the Commission recommended approval of the Application subject to and based upon
the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
by reference.
That the above recitations are true and correct and are hereby incorporated
Section 2. Findinqs. That the Planning Commission, in approving the Application,
hereby recommends the following findings as required in Section 17.05.010 F of the Temecula
Municipal Code.
A. The proposed use is in conformance with the general plan for Temecula and with all
applicable requirements of state law and other ordinances of the city.
The proposed single-family homes are permitted in the Medium Density land use
designation standards contained in the Harveston Specific Plan and the City's Development
Code. The project is also consistent with the Medium land use designation contained in the
General Plan. The site is properly planned and zoned, and as conditioned, is physically
suitable for the type and density of the residential development proposed. The project, as
conditioned, is also consistent with other applicable requirements of State law and local
ordinances, including the Califomia Environmental Quality Act (CEQA), the City Wide
Design Guidelines, and fire and building codes.
B. The overall development of the land is designed for the protection of the public
health, safety, and general welfare.
R:\D P~003\03-0436 Harveston Auburn Lane Product Review\Staff Rpt-COA's\PC Resolution-COA.DOC
1
The overafl design of the single-family residences, including the site, building, and other
associated site improvements, is consistent with, and intended to protect the health and
safety of those working in and around the site. The project has been reviewed for, and as
conditioned, has been found to be consistent with all applicable policies, guidelines,
standards and regulations intended to ensure that the development will be constructed and
function in a manner consistent with the public health, safety and welfare.
C. The proposal is consistent with the Goals, and Objectives of the Harveston Specific
Plan.
The overall design of the single-family residences is consistent with the design guidelines as
set forth in the Harveston Specific Plan Sections 10.0 through 11.0.
Section 3. Environmental Compliance. The proposed project has been determined to be
consistent with the previously approved Harveston Specific Plan (EIR) and is exempt from further
Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations).
Section 4. Conditions. The Planning Commission of the City of Temecula approves the
application (PA 03-0436) a product review of a 119-lot single-family residential subdivision (Auburn
Ln., Phase 2 of the Harveston Specific Plan Planning Area 2) for all of the foregoing reasons and
subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated
herein by this reference together with any and all other necessary conditions that may be deemed
necessary.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 3rd day of December 2003.
ATTEST:
Dennis Chiniaeff, Chairperson
Debbie Ubnoske, Secretary
[SEAL]
R:\D P~2003\03-0436 Harveston Auburn Lane Product Review\Staff Rpt-COA's~PC Resofution-OOA.DOC
2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CiTY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certifythat
PC Resolution No. 2003- was duly and regularly adopted by the Planning Commission of the
City of Temecula at a regular meeting thereof held on the 3rd day of December 2003, by the
following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R:\D P~003\03-0436 Harveston Auburn Lane Product Review\Staff Rpt-COA's\PC Resolution~COA. DOC
3
EXHIBIT A
CONDITIONS OF APPROVAL
R:'~D P~003~3q3436 Harveston Auburn Lane Product Review\Staff Rpt~COA's~PC Resoiution-COA.DOC
4
Project Description:
DIF:
Approval Date:
Expiration Date:
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA03-0436 (Development Plan)
A request for Product Review and approval of three
model types and associated elevations within the
Harveston Specific Plan Planning Area 2 to be
constructed on 119 lots within Tract 30668-2 &30669-2
(Lennar Homes)
Per Development Agreement
December 3, 2003
December 3, 2005
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant shall deliver to the Planning Department a cashier's check or money order
made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the
County administrative fee, to enable the City to file the Notice of Exemption as provided
under Public Resources Code Section 21108(b) and California Code of Regulations Section
15062. If within said forty-eight (48) hour period the applicant has not delivered to the
Planning Department the check as required above, the approval for the project granted shall
be void by reason of failure of condition (Fish and Game Code Section 711.4(c).
General Requirements
The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency
or instrumentality thereof, and/or any of its officers, employees, and agents from any and all
claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or
any of its officem, employees, and agents, to attack, set aside, void, annul, or seek monetary
damages resulting from an approval of the City, or any agency or instrumentality thereof,
advisory agency, appeal board or legislative body including actions approved by the votem
of the City, concerning the Planning Application which action is brought within the
appropriate statute of limitations period and Public Resoumes Code, Division 13, Chapter 4
(Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167).
The City shall promptly notify the permittee/applicant of any claim, action, or proceeding
brought forth within this time period. The City shall estimate the cost of the defense of the
action and applicant shall deposit said amount with the City. City may require additional
deposits to cover anticipated costs. City shall refund, without interest, any unused portions
of the deposit once the litigation is finally concluded. Should the City fail to either promptly
notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify,
defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its
R:~D P~003\03-0436 Harveston Auburn Lane Product Review\Staff Rpt~COA's\PC Resolution-COA,DOC
5
officers, employees, or agents. Should the applicant fail to timely post the required deposit,
the Director may terminate the land use approval without further notice to the applicant.
This approval shall be used within two (2) years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two (2) year period which is thereafter diligently
pursued to completion or the beginning of substantial utilization contemplated by this
approval.
Building elevations shall substantially conform to the approved Exhibits, including elevations,
floor plans, landscaping plans, hardscape plans, and plotting plan, contained on file with the
Planning Department or as amended by these changes.
The colors and materials (including lighting) for this project shall substantially conform to the
approved colors and materials contained on file with the Planning Department. Any
deviation from the approved colors and materials shall require approval of the Director of
Planning.
This approval is for product review only and shall in no way limit the city or other regulatory
or service agencies from applying additional requirements and/or conditions consistent with
applicable policies and standards upon the review of grading, building and other necessary
permits and approvals for the project.
The Development Code requires double garages to maintain a minimum clear interior
dimension of 20' x 20'. This shall be clearly indicated on the plans prior to the issuance of
building permits for the project. Interior dimensions are measured from the inside of garage
wall to the opposite wall, steps, landing, equipment pedestals, bollards or any similar type
feature. When the top of the stem wall is more than 8" above the garage floor, the required
dimension is measured from the inside edge of the stem wall.
Applicant shall obtain the proper permits before construction, including Encroachment
Permit from the Public Works Department for any work done in the City right-of-way, and
Building Permit from the Building and Safety Department.
9. Fire Hydrants shall be installed prior to the start of any construction at the site.
10.
Driveway widths shall comply with the driveway width requirements per City Standards. In
order to allow for adequate street parking, the driveway widths at curbs will be limited to 24'
maximum.
Prior to the Issuance of Grading Permits
11.
The applicant shall submit a Grading Plan, subject to the review and approval of the
Planning Department.
12.
The applicant shall sign both copies of the final conditions of approval that will be provided
by the Planning Department staff, and return one signed set to the Planning Department for
their files.
P
R:~D P~003\03-0436 Harves on Auburn Lane Product Rev ew\Staff Rpt-COA s\ C Resolution-COA.DOC
6
13.
The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10"
glossy photographic color prints of the Color and Materials Boards and of the colored
version of the approved colored architectural elevations to the Planning Department for their
files. All labels on the Color and Materials Board and Elevations shall be readable on the
photographic prints.
Prior to the Issuance of Building Permits
14.
The applicant shall comply with standards conditions and requirements set forth in the
Harveston Specific Plan, Mitigation Monitoring Program, and conditions of approval for
PA00-0295 (Tract 29639), the Development Agreement between the City of Temecula and
Harveston Specific Plan.
15.
The applicant shall submit mailbox elevations and a plot plan clearly indicating the location
of each mailbox area. Mailbox type and location shall be subject to the approval of the
Postmaster and Planning Director.
16.
Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the
Planning Department for approval. These plans shall conform substantially with the
approved Attachment 1, or as amended by any other related conditions. The location,
number, genus, species, and container size of the p~ants shall be shown. The plans shall be
consistent with the Water Efficient Ordinance. The cover page shall identify the total square
footage of the landscaped area for the site. Additionally, the following revisions shall be
made to the landscape construction drawings prior to issuance of building permits:
a. Myoporum pacificum shall be deleted from the plant legend.
b. Street trees on Pasadena Drive shall be coordinated with the street trees at the
Lakefront Cottages and Sarasota neighborhoods.
c. Street trees shall be coordinated on Edenton way and Logan Courts with the
Sarasota neighborhood.
17.
Prior to construction of the Model Home complex, the applicant shall apply for a Model
Home complex permit.
18.
Precise Grading Plans consistent with the approved rough grading plans, plotting plan,
structural setback measurements shall be submitted and approved.
19.
The developer shall demonstrate to the Planning Director that all homes will have double
paned windows with at least a 25 STC rating installed to reduce noise from occasional
aircraft over flights.
20.
The developer shall provide proof that construction debris, including but not limited to
lumber, asphalt, concrete, sand, paper and metal is recycled through the City's solid waste
hauler, subject to the approval of the Community Services Department.
21.
All design components shall comply with applicable provisions of the 1998 edition of the
California Building, Plumbing, Mechanical and Fire Codes; 1998 National Electrical Code;
California Administrative Code, Title 24 Energy and Disabled Access Regulations and the
Temecula Municipal Code.
R:\D P~2003\03-0436 Harveston Auburn Lane Product Review\Staff RpI-COA's\PC Resolufion~COA,DOC
7
22. Obtain all building plans and permit approvals prior to commencement of any construction
work.
23.
A pre-construction meeting is required with the building inspector prior to commencement of
any construction or inspections.
24.
Provide appropriate stamp of a registered professional with original signature on plans and
structural calculations submitted for plan review.
25. Provide electrical plan including Icad calculations and panel schedule for plan review.
26.
Schematic plumbing plans, electrical p~an and Icad calculations, along with mechanical
equipment and ducting plans shall be submitted for plan review stamped and original signed
by an appropriate registered professional.
27. Obtain street addresses from the Building Official prior to submittal of plans for plan review.
28.
Signage shall be posted conspicuously at the entrance to the project that indicates the houm
of construction, shown below, as allowed by City of Temecula Ordinance No. 94-21,
specifically Section G (1) of Riverside county Ordinance No. 457.73, for any site within one-
quarter mile of an occupied residence.
Monday-Friday: 6:30 a.m. - 6:30 p.m.
Saturday: 7:00 a.m.- 6:30 p.m.
No work is permitted on Sunday or Government Holidays
Prior to the Issuance of Occupancy Permits
29.
All required landscape planting and irrigation shall have been installed consistent with the
approved construction plans and shall be in a condition acceptable to the Director of
Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation
system shall be properly constructed and in good working order.
30.
Performance securities, in amounts to be determined by the Director of Planning, to
guarantee the maintenance of the plantings, in accordance with the approved construction
landscape and irrigation plan shall be filed with the Planning Department for one year from
final certificate of occupancy. After that year, if the landscaping and irrigation system have
been maintained in a condition satisfactory to the Director of Planning, the applicant shall
release the bond upon request.
31.
If deemed necessary by the Director of Planning, the applicant shall provide additional
landscaping 1o effectively screen various components of the project.
32.
Front yard and slope landscaping, hardscaping and fencing within individual lots shall be
completed for inspection prior to issuance of each occupancy permit (excluding model home
complex structures).
33.
The developer shall submit proof that all local refuse generators have been provided with
written information about opportunities for recycling and waste reduction (i.e. buyback
centers, curbside availability), subject to the approval of the Public Works and Community
Services Departments.
R:\D P\2003\03-0436 Harveston Auburn Lane Product Review\Stall Rpt-COA's\PC Resolution-COA.DOC
8
34.
All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Planning Commission approval.
Applicant's Signature
Date
R:\D P~003\03-0436 Harveston Auburn Lane Product Review~Staff Rpt-COA's\PC Resolution~COA.DOC
9
ATTACHMENT NO. 6
HARVESTON SPECIFIC PLAN GUIDELINES
R:kD P~2003\03-0432 Harveston Sar~ota Product Review~Staff Report-COAkPC Staff Rpt Continuance dec 3 2003.dot
15
SECTION 10.0 DESIGN GUIDELINES
AMERICAN FARMHOUSE
INSPIRATION PHOTO:
APPROPRIATE STYLE ELEMENTS:
Simple plan form massing and simple roof
design
Porches with simple wood columns
Porches with wood railings
6:12 to 9:12 roof pitch
Front to back main gable roof
12" overhangs
Amhitectural quality wood or asphalt
shingles or smooth flat concrete tiles
Light to medium sand finish stucco or
blended siding and stucco
Vertical multi-paned windows at front
elevations and in high visibility public
view areas
Single parted windows on sides and rear
elevations
ADDITIONAL STYLE ELEMENTS:
· White vinyl wrapped aluminum windows
· Stucco finish or horizontal siding wrapped chimney
· Garage door patterns complimentary to style
· Minimum 2x4 wood window and door trim
· Whites or dark stucco body colors
· Light earth tone bodies with contrasting cool or warm trims
· White or dark color accent trims
Note: The photographs and drca,/ings used to demonstrate a so'lc are meant to be inspirational and not to be
construed as a rigid formula for design.
Harveston Specific Plan 10-69
SECTION 10.0 DESIGN GUIDELINES
CAPE COD
~SPI~TION P~OTO:
APPROPRIATE STYLE ELEME~IS:
[ ~2.~ "~.'~ · 2 sto. simple "salt box'~m~sing
. 5:~toT:~2roofpitch
.[~~~-~~~%-. I · Simple hip or gable roof with one
I ~~~', fo~d facing intemecting gable roof
I ~~~ '~'~ .... "' I · Arch tectural quah~ wood or ~phalt
[~~~W [ sh ng es or smooth flat concrete t les
I~~[~ I ' Light to medium sand finish or light
1~~,[ front elevation and in high visibili,
I~:' ~~ I ' Single paned windows on sides ~d
ADDITIONAL STYLE ELEMENTS:
· Porches with wood columns and railings
· 2x4 wood window trim surrounds
· Garage door patterns complimentary to style
White to mid value body colors
· White vinylwrap aluminum windows
Note:
The photographs and drmvings used to demonstrate a sO,le are meant to be hTspirational and not to be
construed as a rigid formula for design.
Harveston Specific Plan
SECTION 10.0 DESIGN GUIDELINES
COLONIAL
INSPIRATION PHOTO:
APPROPRIATE STYLE ELEMENTS:
· Simple plan form massing and simple roof
design
· 6:12 to 12:12 roof pitch
· 0" to 12" overhangs
· Front to back dominant gable roof with one
intersecting gable roof
· Architectural quality wood or asphalt
shingles or smooth flat concrete tiles
· Fine to light sand finish or light lace finish
stucco or blended siding and stucco
· Vertical multi-paned windows at front
elevations and in high visibility public view
areas
ADDITIONAL STYLE ELEMENTS:
- Single parted windows on sides and rear elevations
· Minimum 2x4 wood window and door trim
· White vinyl wrapped aluminum windows
· Entry porches with simply trimmed wood columns
· Stucco finish or horizontal siding wrapped chimney
· Garage door patterns complimentary to style
· Round attic vents
· Brick accents
· Shutters
· Pastels to cool colors with white trims
· Dark color shutters
· White trim / fascias
Note: The photographs and dram,ings used to demonstrate a sO,lc are meant to be inspirational and not to be
construed as a rigid formula for design.
SECTION 10.0 DESIGN GUIDELINES
COTTAGE
INSPIRATION PHOTO:
APPROPRIATE STYLE ELEMENTS:
· Rectangular plan form massing with some
recessed 2nd floor area
· Main roof hip or gable with intersecting
gable roofs
- 6:12 to 12:12 roof pitch
· 0" to 12" overhangs
· Architectural quality wood or asphalt
shingles or smooth flat concrete tiles
· Light to medium sand finish or light lace
finish stucco
· Single paned windows on sides and raars
ADDITIONAL STYLE ELEMENTS,'
· Vertical shaped windows with mullions and simple wood 2x trim at front elevation and at high visibility
areas
· Entry accents with real or faux stone
EntIy porches with stucco columns and wood railings
· Garage door patterns to compliments style
· Shutters
· Whites and earth tones
· Dark color accents/trim (shutters)
· White vinyl wrapped aluminum windows
· Stucco over foam window and door trim
Note: The photographs and drm~,ings used to demonstrate a sO'le are meant to be inspirational and not to be
construed as a rigid formula for design.
Harveston Specific Plan
10-72
SECTION 10.0 DESIGN GUIDELINES
CRAFTSMAN
INSPIRATION PHOTO:
ADDITIONAL STYLE ELEMENTS:
· Windows are often ganged in pairs
· Single paned windows at sides and rears
· White vinyl wrap aluminum windows
· Arts and crafts style lighting fixtures
· Shaped wood header trim at windows and doors
· Simple knee brace
· Outlooker
· Light earth tone colors
· Playful / dark acceat
APPROPRIATE STYLE ELEMENTS:
Simple 2 story boxed massing with vertical
and horizontal breaks
Entry porches with heavy square columns
or posts on stone piers
3~ 12 to 4~ 12 roof pitch
18" to 24" overhangs
Architectural quality asphalt shingles or
shingles texture fiat concrete tiles
Basic gable roof side to side or front to
back with cross gables
Blended siding and stucco
Light to medium sand finish or Calif6mia
Monterey Finish
· Vertically hung upper mullioned windows
at front elevation and in high visibility areas
Note:
The photographs and drmvings used to demonstrate a so,lc are meant to be inspirational and not to be
construed as a rigid formula for design.
Harveston Specific Plan 10-73 ~, ......... ~ .~a.s.act~,r ~.~m sao.~a~mo~m's~o,,,~
SECTION 10.0 DESIGN GUIDELINES
EAST COAST TI ,ADITIONAL
INSPIRATION PHOTO:
APPROPRIATE STYLE ELEMENTS:
· Plan form massing with a vertical and an
horizontal break
· 6:12 to 12:12 roofpitch
· 18" to 24" overhangs
· Concrete roof tile with shingle look
· Front to back gable or hip roof with
intersecting hip or gable roofs
· Blended stucco and siding
· Single paned windows at sides and rears
· White vinyl wrap aluminum windows
· Decorative accent windows
ADDITIONAL STYLE ELEMENTS:
· Full wood porches and or wood balconies
· Simplified versions of Colonial cornice trim at gable ends
· 2x6 wood windows and door trim
· Garage door patterns complimentary to style
· White detailing trims
Note: The photographs and dra~ings used to dentonstrate a sO'le are meant to be inspirational and not to be
consO'ued as a rigid formula for design.
Harveston Specific Plan 10-74 p..;~r,t,i N t.2n OECE~.m~R .$pECllq (' IaLA,'R£VISED "Agt.'i~$TOb~ RE XlS~D I'l DO{
SECTION 10.0 DESIGN GUIDELINES
ITALIANATE
INSPIRATION PHOTO:
APPROPRIATE STYLE ELEMENTS:
2 story massing with one vertical and one
horizontal break
Main hip roof with minor intersecting hip
roofs
3~ 12 to 4¥2 12 roof pitch
24" overhangs, stucco soffits
"S" shaped concrete tiles
Fine to light sand finish or light lace finish
stucco
Vertically hung 9 and 12 paned windows at
front elevation and in high visibility areas
Ot~en ganged in pairs
Single paned windows at sides and rears
White vinyl wrap aluminum windows
· Archedtop accent windows
ADDII1ONAL STYLE ELEMENTS:
· Tapered round or square simple stucco columns
· Shutters
· Entrypomh
· Belt coursetrim
· Mid valuesaturated colors
Note: The photographs and drawings used to demonstrate a sO'le are meant to be inspirational and not to be
construed as a rigid formula for design.
SECTION 10.0 DESIGN GUIDELINES
SPANISH COLONIAL
INSPIRATION PHOTO:
ADDITIONAL STYLE ELEMENTS:
· White vinyl wrap aluminum windows
· Stucco over foam window and door trim
· Arched stucco column porches
· Garage door patterns complimentary to style
· White tone body with bright accent trim
· Dark brown trims
APPROPRIATE STYLE ELEMENTS:
· 2 story massing with strong one story
element
· 4:12 to 5:12 roof pitch
· 12" to 18" overhang
· Simple hip or gable roof with one
intersecting gable roof
· Barrel or"S" shape concrete tiles
· Fine to light sand finish or light lace finish
stucco
· Vertically hung 9 and 12 par/id windows at
front elevation and in high visibility areas
· Often ganged in pairs
· Single paned windows at sides and rears
Note:
The photographs and drawings used to demonstrate a sO,lc are meant to be inspirational and not to be
construed as a rigid formula for design.
Harveston Specific Plan
SECTION 11.0 DEVELOPMENT STANDARDS
PLANNING AREA DEVELOPMENT STANDARDS
113.1 Plannlng Area 1: Low Medium Density Residential and Community Park Description
plannhlg Area 1, as depicted in Figure 11.1, Planning Area Detail 1, provides for 41.1 acres of Low Medium
density residential uses. A total of 164 dwelling units are planned at a target density of 4.0 du/ac (Density Range
3-5 du/ac). Additionally, a 16.5-acre community park is planned within Planning Area 1. W~thln the Community
Park, there is a 1.3-acre out parcel. A mini park is also proposed within the residential portion of the Planning
Area. The proposed product types for this planning area includes single family detached and possibly duplex or
cluster develOpment.
Land Use Development Standards
Please refer to Zoning Ordinance in this Section of the Specific Plan (see Section 11.4).
Planning Standards
Access into Planning Area I shall be provided from the Loop Road with internal access through
Planning Area 5. Specific location of the access points shall be determined at the Tentative Map stage
(refer to Figure 10.1-12).
2. Please refer to Section 10.0 for specific Design Guidelines and other related design.
Special land,cape treatment shall be provided along the edge of the Planning Area boundary and Loop
Road (refer to Figure 10.1-8).
A community paseo and a Class II bike lane shall be provided along the Loop Road (refer to Figure
10.1-8).
The Community Park shall contain lighted sports fields, picnic area, tot lot, and more (refer to Figures
6-3A - 6-3D).
6. A parking area shall be provided for the Community Park (refer to Figures 6-3A- 6-3D).
Roadway landscape buffer treatment shall be provided along the outer boundary of the Community Park
(refer to Figures 6-3A - 6-3D).
Special Community Park landscape buffer treatment shall be provided along the Community Park
boundary adjacent to the residential neighborhoods (refer to Figures 6-3A - 6-3D).
9. Please refer to the following sections for General Development Standards that apply site-wide:
Land Use Plan
Circulation Plan
Iafrastructure Plan
Open Space and Recreation Plan
Grading Plan
Landscaping Plan
Harveston Specific Plan
REVISED 8/14/01
/ /
'SECTION 11.0 DEVELOPMENT STANDARDS
. ZONING ORDINANCE
11.4.1 Low Medium (L1VI) Density Residential Zone (3-5 dwelling units per acre)
plnnnln?. Areas 1, 4~ 7, and 10
The following regulations shall apply in the Low Medium Density Residential:
Permitted / Conditionally Permitted Uses Matrix
Low Medium Residential
All types of non-commercial horticulture P
Churches, synagogues and other similar religious structures' and facilities including C
incidental uses such as assembly, work rooms, living quarters of a priest, minister or
family, and day care and educational facilities.
Congregate care resJdentlal facilities for the elderly P
Day care centers C
Family day care homes, large, as defined by State law. C
P
Family day care homes - small - 6 or fewer
Group care facilities and residential retirement homes, 6 or less people P
Guest house or___qLl~_______~ flat P
Home occupations, provided such occupations are customarily conducted as an accessory P
use entirely within a building containing a residential use or attached garage. No outdoor
storage or uses shall be permitted.
Public and private recreational facilities including, but not limited to: country clubs, tennis, p
and swim clubs, golf courses, lakes, parks, racquetball and handball. Limited commercial
uses which are commonly associated and directly related to the primary uses are
permitted.
Public parks and public playgrounds P
Residential care facilities for the elderly (six or fewer) P
Secondary dwelling units/granny flats/guest house P
Single family detached, ningle family attached P
Telecc, mmunicafion tower~ P
Temporary real estate tract offices located within a subdivision, to be used only for and P
during the original sale of the subdivision, provided a development plan is approved
pursuant to City Ordinance.
Trails P
Other Uses: Any use that is not specifically listed above may be considered a permitted use
provided that the Dkector of Planning finds that the proposed use is substantially the same in
character and intensity as those listed in the designated subsections. Such a use is subject to the
permit process, which governs.the category in which it falls.
Harveston Specific Plan
SECTION 11.0 DEVELOPMENT STANDARDS
Development Standards
The following development standards shall apply in the Low Medium Density Residential Zone of Planning
Areas 1, 4, 7, and 10. Table 11.1 provides a graphic summary of the following Low Medium (LM) development
standards at the end of this section.
1. Building height shall not exceed two (2) stories, with a maximum height of thirty five feet (35').
2. A minimum of 50% of Low Medium units shall incorporate axchitectural forward designs.
Minimum residential lot area shall be not less than four thousand (4,000) square feet and the average
residential lot area shall be not less than five thousand (5,000) square feet.
Land acreage located within Landscape Development Zones (LDZ's) shall not be included in area
calculations for meeting minimum lot size requirements.
The minimum lot width at the front prOperty line shall be thirty feet (30'), with an average lot width of
forty five (45') and a minimum lot depth of eighty (80'). Lots at the end of cul-de-sacs and knuckles
may vary from the minimum depth requirement provided a lot provides an adequate area for
development.
The minimum lot width for a flag lot, cul-de-sac, or knuckle at front property line shall be twenty feet
(20').
7. The minimum lot width at required front setback area shall be forty feet (40').
8. Minimum yard requirements are as follows:
Minimum front yard - Variable Front Yard Setback: In order to allow for a more interesting
visual image and more flexible site planning, variable setbacks shall be used in the LM planning
areas in accordance with Section 10.5 (Principal Design Criteria). Front. yard setbacks from
garage doors shall be a minimum of 18 feet to back of sidewalk. Other portions of a structure
(including-g~arages with entrances not facing the street) shall be setback a minimum of 10 feet
from the property line. Building Setbadcs shall be measured from the property line.
Minimum interior side yard - Variable Side Yard Setbacks: Variable side yard setbacks may be
permitted provided the sum of the side yard setbacks is not less than 10 feet and the distance
between adjacent structures is not less than 10 feet.. For front loaded conditions a minimum of
five-foot setback area, free of architectural encroachments shall be maintained on at least one
side.
Variable rear yard setback:
1) Garage forward and front loaded: the minimum rear yard setback shall be 20 feeL[
2) Recessed garage: the minimum rear yard setback to the garage shall be 5 feet and the
main structure setback shall be 20' (ground floor) and 7' for second story elements over
the garage,
3) Rear vehicle access: the minimum rear yard setback to the garage shall be 3 feet and the
main structure setback shall be 20' (ground floor) and a 3' minimum with a 5' average
setback for second story elements over the garage. At the rear of each lot, a minimum of
16 square feet of landscaping shall be provided per lot (refer to Figure 11.13).
SECTION 11.0 DEVELOPMENT STANDARDS
d. The comer side yard shall not be less than ten feet (10').
10.
11.
The Planning Commission may approve modifications to these standards up to 15% for
innovative and quality designs that meet the intent of the provisions for this Specific Plan.
Parking. A minimum of two (2) enclosed spaces shall be provided per unit/lot. Enclosures shall comply
with all yard requirements. For second units, one additional enclosed parking space shall be provided.
Fences and Walls. Fences and walls shall be permitted within the front, side, and rear yard set back
areas, except as provided for below:
a. Fences may not be erected within either public Or private street rights-of-way.
Wherever fencing is visible from public view, the finished side.of the fencing shall be exposed
to public view.
No fence or wall shall exceed six feet (6') in height, unless a higher wall is specifically required
for sound attenuation purposes. The height of the fence or wall shall be measured from the
higbest ground level immediately adjacent to the base of the wall.
d. Privacy walls, if provided in side and rear yards, shall be a minimum of five feet (59 in height.
In front yard set back areas, solid fences and walls shall not exceed thirty roches (30) m helgh,
provided, however, that fences and walls up to six feet (6') in height are permitted in front yards
if the area above thirty inches (30") is no more than thirty percent (30%) solid.
All pool enclosure fencing shall conform to applicable State of California or City of Temecula
pool Code fencing requirements, whichever is more stringent.
Harveston Specific Plan
REVISED 8/14/01 '
SECTION 11.0 DEVELOPMENT STANDARDS
TABI~ 11.1
SUMMARY DEVELOPMENT STANDARDS FOR LM (Low M~DFt,'M Dm~ISrI'Y
Rmm~,rrnm) ZONB
Minimum Lot Area Per Dwelling Unit 4,000
Average Lot Area Per Dwellin$ Unit 5,000
Dwellin[[ Units Per Net Acre 3 - 5
5eT Dnmn~ioNs
Minimum Lot Width at Front Property Line 30
Minimum LOt Width for a Flag Lot, cul-de-sac, or knuckle at From 20
Pro[cn'y Line
ldinlmnm Lot Width at Required Front Setback Area 40
Average Lot Width 45
Minimum Lot Depth 80
l~flnimnm F-rent Yard Variable*
Minimum Comer Side Yard 10
Minimum Interior Side Yard Variable*
Minimunl Rear Yard Variable*
M~,X'IMUM lt~IGHT 35
*Refer to Page 11-29 for specific setback requirements.
FRONT LOADED D~ i~CESSED
~F.~£__-[ ........ ~- '~F~-l~-~-
[m
_ . i
'REAR ACCESS.
~l I~V
SECTION 11.0 DEVELOPMENT STANDARDS
11.3.2 planning Area 2: Medium 1 Density Residential Description
Planning Area 2, as depicted in Figure 11.2, Planning Area Detail 2, provides for 40.1 acres of Medium I
density residential uses. A total of 241 dwelling units are planned at a target density of 6.0 du/ac (Density Range
5-7 du/ac). This planning area also includes a portion of the 2.0-aore Paseo Park, which connects the Lake Park
to the Community Park. The proposed product types for this planning area include, small lot single family
detached, attached and cluster development.
Land Use Development Standards
Please refer to Zoning Ordinance in this Section of the Specific Plan (refer to Section 11-4).
~tandards
1. Access into Planning Area 2 shall be provided.from the Loop Road at a minimum of two entry points
with internal access through Planning Area 3. Specific location of the access points shah be determined
at the Tentative Map stage (refer to Figures 10. I-10. I-12).
2. Please refer to Section 10.0 for specific Design Guidelines and other related design.
3. Special landscaping U-eatment shall be provided along the Loop Road (refer to Figure 10.1-8).
4. A community paseo and a Class II·bike lane shall be provided along the Loop Road. The paseo shall be
· located along the outer edge of the Loop Road (refer to Figure 10.1-8).
5. A 2.0-acre paseo park shall be provided in Planning Area 2, which will intercept Planning Area 3,
connecting to the Lake Park (refer to Figures 6.5 and 10.1-13).
6. A paseo edge landscape treatment shall be provided along the edges of the paseo park (refer to Figures
6.5 and 10.1-13).
7. An 8,paseo trail shall be p. rovided in thecaseo park (refer to Figures 6-5 and 10.1-13)-
8. Please refer to the following sections for General Development Standards that apply site-wide:
a. Land Use Plan
b. Circulation Plan
c. Infrastructure Plan
d. Open Space and Recreation Plan
e. Grading Plan
f. Landscaping Plan
Harveston Specific Plan
REVISED 8/14/01
Key Map:
/
SEE FIG. 10.1-12
PARK
L3..XlDSC. APE
SEE FIG. 10.1-13
MEDIUM 1
40.1 AC
241 UNITS
FIG. 10.1-13
H~v~sto~
Specific Plan
Lennar CommuniKes
Figure 11.2
Planning'Area Detail 2
SECTION IL0 DEVELOPMENT STANDARDS
11.4.2 Medium 1 (MI) Density Residential Zone (5-7 dwelling units per acre)
planning Areas 2 and 8
The following regulations shall apply in the Medium 1 Density Residential:
Permitted / Conditionally permitted Uses Matrix
Medium 1
All types of non commercial horticulture P
Churches, synagogues and other similar religious stxuctures and facilities including C
incidental uses such as assembly, work rooms, living quarters of a priest, minister or
family, and day care and educational facilities, p
Congregate care residential facilities for the elderly C
Day care centers
Family day care homes - large, as defined by State law. C
Family day care homes - ~mall - 6 or fewer P
Group care facilities and residential retirement homes, 6 or less people P
Guest house or granny fiat P
Home occupations, provided such occupations are customarily conducted as an P
accessory use entirely within a building containing a residential use or attached garage.
No outdoor storage or uses ~halt be permitted.
Public and private recreational facilities including,, but not limited to: country, clubs, P
tennis and swim clubs, golf courses, lakes, parks, racquetball and handball. Limited
commercial uses which are commonly associated and directly related to the primary
uses are permitted, p
Public parks and public playgrounds p
Rear access
Residential care facilities for the elderly (six or fewer) P
Secondary dwelling units/granny flats/guest house P
Single family detached, small lot single family detached, single family attached, cluster P
Temporary real estate tract offices located within a subdivision, to be used only for and P
during the original sale of the subdivision, provided a development plan is approved
pursuant to City Ordinance. p
Trails
Other Uses: Any use that is not specifically listed above may be considered a permitted use
provided that the Director of Planning finds that the proposed use is substantially the same in ~
character and intensity as those listed in the designated sub~ecfions. Such a use is subject to the
permit process, which governs the category in which it falls.
SECTION 11.0 DEVELOPMENT STANDARDS
Development Standards
The following development standards shall apply in the Medium I Density Residential Zone of Planning
Areas 2 and 8. Table 11.2 pro~ides a graphic summary of the following Medium 1 (MI) development
standards at the end of this section.
For cluster projects within the MI, M2 and High density zoning districts, the development standards for
lot size~ and setbacks may be varied by the Director of Planning as long as the cluster project falls within
the allowed density ranges of the appropriate zone district. The purpose of this provision is to allow for
innovative and alternative housing types around courtyards and common areas.
Building height shah not exceed two (2) stories, with a maximum height of thirty five feet (35').
A minimum of 50% of Medium 1 units shall incorporate architecture forward designs.
Minimum residential lot area shall be not less than three thousand (3,000) square feet and the
average residential lot area shall be not less than three thousand five hundred (3,500) square feet.
Airspace condominiums are exempt from the minimum lot size requirements provided that the
overall density is consistent with the planning area requh-ements.
Land acreage located witliin Landscape Development Zones (LDZ's) shall not be included in area
calculations for meeting minimum lot size requirements.
The minimum lot width at the front property line shall be twenty five feet (25'), with an average
lot width of forty feet (40') and a minimum lot depth of seventy feet (70'). Ltts at the end of cai-
de-sacs and knuckles may vary from the minimum depth requirement provided a lot provides an
adequate area for development.
The minimum lot width for a flag lot, cul-de-sac, or knuckle at front property line shall be twenty
feet (20').
8. The minimum lot width at required front setback area shall be thin'y five feet (35').
9. Minimum yard requirements are as follows:
Minimum front yard - Variable Front Yard Setback: In order to allow for a more
interesting visual image and more flexible site planning, variable setbacks shall be used
in the M1 planning area in accordance .with Section 10.5 (Principal Design Criteria).
Front yard setbacEs from garage doors to back of sidewalk shall be a minimum of 18 feet.
The main building structure setback shall be 10 feet from the property line. Other
portions of a structure (including patios, porches and entrances) may be setback a
minimum of 7 feet. Building setbacks shall be measured from the property line.
Minimum interior side yard - Variable Side Yard Setbacks: Variable side yard setbacks
may be permitted provided the sum of the side yard setbacks is not less than 8 feet and
the distance between adjacent structures is not less than 8 feet. For front loaded
SECTION 11.0 DEVELOPMENT STANDARDS
k!
10.
11.
12.
conditions a minimum of four-foot setback area, free of architectural encroachments shall
be maintained on at least one side.
Variable rear yard setback:
1)
Garage forward and front loaded: a 10-foot minimum rear yard setback is
permitted in the M-1 district, provided an avexage setback of 15 feet shall be
maintained.
2)
Rear vehicle access: the minimum rear yard setback to the garage shall be 3 feet
and the lnaln s~l'ucture setback shall be 157 (ground floor) and a 3' minimum with
a 5' average setback for second story elements over the garage. At the rear of
each lots, a minimum of 14 square feet of landscaping shall be provided (refer to
Figure 11.13).
c. The comer side yard shall not be less than ten feet (10')
The p]annlng Commission lllay approve modifications to these standards up to 15% for
innovative and quality designs that meet the intent of the provisions for this Specific Plan (refer to
Section 11.5 of this document).
Parking. A minimum of two (2) enclosed spaces shall be provided per unifflot. Enclosures shall
comply with all yard requirements.
Fences and Walls. Fences and walls shall be permitted within front, side, and rear yard set back
areas except as provided for below:
a. Fences may not be erected within eithe[ public or'private street rights-of-way.
b. Wherever fencing is visible from public view, the fmisbed side of the fencing shall be
exposed to public view.
c. No fence or wall shall exceed six feet (6~) in height, unless a higher wall is specifically
required for sound attenuation purposes. The height of the wall or fence shall be
measured from the highest ground level immediately adjacent to the base of the wall.
Privacy walls, ff provided in side and rear yards, shall be a minimum of five feet (5) in
height.
In front yard set back areas, solid fences and walls shall not exceed thirty inches (30") in
height; provided, however, that fences and walls up to six fee! (69 in height are pennitted
in front yards if the area above thirty inches (30") is no more than thirty percent (30%)
solid.
All pool enclosure fencing shall conform to applicable State of California or City of
Temecula pool code fencing requirements, whichever is more sUSngent.
· ' --..,: -Harveston Specific Plan ...... .......... ~ . :- · 11-35 ~,~ou.~m~.,~o,~--~?'*~,~*e.~r~,-~,.~
: . '~:,~REVISEDS/14/01 ' ~'": '- '. ~ ~'; .!' . : "!"
SECTION IL0
DEVELOPMENT STANDARDS
TAI~LE 11.2
SUMMARY DEVELOPMENT STANDARDS FOR M1 (ME~Fc~ D~STrY RP_sm~
5-7 DU'$ / AC) ZONE
l~inimnm Lot Area Per Dwellin§ Unit 3,000
Average Lot Area Per Dw~llln~ Unit 3,500
Dw~llin~ Ullit$ Per Net Acre 5 - 7
LOT/)nSlgSSIONS
~inimnm Lot Width at Front Prowrty Line 25
Minimum Lot Width for a Flag Lot, cul-de,-sac, or knuckle at Fron~ 20
Prope~/Line
lVglnimum Lot Width at Required Front Setback Ar~a 35
Average Lot Width 40
~finimum Lot Depth 70
Sva'uACKS
]V[inimum Front Yard Variable*
[ l~qinimum Comer Side Yard 10
]V[inlmnm lnterinr Side Yard Variable*
lgqinimnm Re.~,.r Yard Variable*
*Refer to Page 11-34 for specific setback rextuirem~nts.
REAR ACCESS
pARgWAY
4I¸
FINDINGS
Staff recommends the following findings as required in Section 17.05.010 F of the Temecula
Municipal Code.
The proposed use is in conformance with the general plan for Temecula and with all
applicable requirements of state law and other ordinances of the city.
The overall development of the land is designed for the protection of the public health,
safety, and general welfare.
ATTACHMENTS
2.
3.
4.
5.
6.
The proposal is consistent with the Goals, and Objectives of the Harveston Specific Plan.
Plan Reductions - Btue Page 10
PA03-0432 - PC Resolutions No. 2003-
PA03-0433 - PC Resolutions No. 2003-
PA03-0435 - PC Resolutions No. 2003-
PA03-0436 - PC Resolutions No. 2003°
- Blue Page 11
- Blue Page 12
- Blue Page 13
- Blue Page 14
Harveston Specific Plan Design Guidelines - Blue Page 15
R:~D PX2003\03-0432 Harveston Sarasota Product Review\Staff Report~COA~PC Staff Rpt Continuance dec 3 2003.dot
9
ATrACHMENT NO. 7
APPROVED PHASE ONE ARCHITECTURAL STYLES
RAD Pu2003\03-0432 Harveston Sar~ota Product RevievAStaff Report--COAh~C Staff Rpt Continuauce dec 3 2003.dot
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