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Home My WebLink About081792 PC AgendaAGENDA TEMECULA PLANNING COMMISSION REGULAR MgRTING August 17, 1992 6:00 PM V,~ ~L~IENTARY SCHOOL 2991~ Mira Loma Drive Temecuh, CA 92390 C.at,t, TO ORDER: Chairman Hoegland ROtL C t,t,: Blair, Fahey, Hoagland, Ford, Cl~iniseff PUBLIC COMMENTS A total of 15 minutes is provided so members of the public ~an address the commissioners on items that are not listed on the Agenda. Sp~lreu are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and stnt,' your name and address. For all other agenda items a "Request to Speak" form must be filed with the Planning Secretary before Commission gets to that item. There is a three (3) minute time limit for individual speakers. COMMI,~SION BUSINESS 1. Approval of Agenda Minutes 5 2.1 Approval of the minutes of the August 3, 1992 Pl~nning Commission meeting. 2.2 Approval of the minutes of the July 20, 1992 Pl~nnlng Commiision meeting due to the lack of the quorum at the AuguSt 3, 1992 Planning Commig~ion meeting. 2.3 Approval of the minutes of the July 6, 1992 Planning Commigsion meeting due to the lack of the quorum at the July 20th and August 3, 1992 Planning Commlgsion meeting. PUBLIC HEARING Case No: Proposal: Planner: Recommendation: Variance No. 12 Paragon Restaurant Group/Jan Wefteft R.V. Adjacent to Interstate 15 and Jefferson Avenue, north of the intersection Overland Drive and Jefferson Avenue To erect two freestanding signs-one six foot high sign adjacent to Jefferson Avenue and one twenty-five foot high sign adjacent to Interstate 15 with copy for the Hungry Hunter and Jan Weilert R.V. on each sign Matthew Fagan Approval i, Case No: Applicant: Location: Proposal: Planner: Recommendation: Tentative Tract Map No. 25277 and Change of Zone No. 5724 Acacia Construction Southwesterly side of Pechanga Creek between Via Gilberto and easterly side of Temecula Creak Inn Golf Course A request to subdivide a 47.7 acre parcel into 96 single family lots and 5 open space lots and a zone change from R-R to R-I. Saied Naasoh Continuance 5. Case No: Applicant: Location: Proposal: Planner: Recommendation: Development Agreement No. 92-1 (DA 92-1), Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 2 Lin~eld Christian School F~nt of Temeeula High School, south of Rancho Vista Road and north of Pauba Road A request to subdivide a 96.9 acre parcel into 4 parcels and a 48.4 acre remainde~ parcel, a Development Agreement to ensure the development of the project as senior housing, congregate care facility, skilled nursing, personal care, a nine hole private golf course and dedication of a 2.3 net acre parcel to the City of Temecula, and a Zone Change from R-R (Rural Residential) to R- 3 (General Residential) Saied Naaseh Recommend Approval NON-PUBLIC HEARING 6. Plimning Commition Chair Election Next meeting: September 14, 1992, 6:00 p.m., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. PLANNING DIRECTOR'S REPORT PLANNING COMMISSION DISCUSSION OTIIER BUSINESS ADJOURNMENT ITEM #2 PLANNING COMMISSION MINUTES OF JULY 6, 1992 MINUTES OF A REGULaR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MONDAY~ JULY 6~ 1992 A regular meeting of the City of Temecula Planning Commission was called to order Monday, July 6, 1992, 6:00 P.M., 29915 Mira Loma Drive, Temecula, California. The meeting was called to order by Chairman John E. Hoagland. PRESENT: 3 COMMISSIONERS: Blair, Fahey, Hoagland ABSENT: 2 COMMISSIONERS: Chiniaeff, Ford Also present were Assistant City Attorney John Cavanaugh, Planning Director Gary Thornhill, Senior Planner Debbie Ubnoske and Minute Clerk Gail Ziglet. PUBLIC COMMENT None COMMISSION BUSINESS APPROVAL OF AGENDA It was moved by Commissioner Blair, seconded by Commissioner Fahey to approve the agenda as presented. AYES: 3 NOES: 0 ABSENT: 2 COMMISSIONERS: Blair, Fahey, Hoagland COMMISSIONERS: None COMMISSIONERS: Chiniaeff, Ford MINUTES OF JUNE 1, 1992 It was moved by Commissioner Fahey, seconded by Commissioner Blair to approve the minutes of June 1, 1992 as mailed. AYES: 3 NOES: 0 ABSENT: 2 COMMISSIONERS: Blair, Fahey, Hoagland COMMISSIONERS: None COMMISSIONERS: Chiniaeff, Ford PCMIN7/06/92 -1- 7/15/92 PLANNING COMMISSION MINUTES JULY 6, 1992 PUBLIC HEi~RING 3. TENTATIVE PARCEL MAP NO. 27545 A proposal to subdivide 3.0 dross acres into three Parcels0 abuttinu the west side of Ynez Road and the east side of Interstate 15. approximately 200 feet north of the intersection of Ynez Road and Solana Way. Matthew Fagan summarized the staff report. Mr. Fagan advised due to staff's concerns with the parcel line that splits Building "B" between Parcels No. 2 and No. 3, staff recommends that the following condition be added to read, "Any future buildings between Parcels No. 2 and No. 3 will be separated". The applicant concurs with this added condition. Chairman Hoagland opened the public hearing at 6:10 P.M. Larry Gabells, 10706 Birch Bluff Drive, San Diego, applicant, gave a brief summary of the project. It was moved by Co~nissioner Fahey, seconded by Commissioner Blair to close the public hearing at 6:15 P.M. and Adopt Resolution No. 92-(next] approving Tentative Parcel Map No. 27545 based on the analysis and findings contained in the staff report and subject to the Conditions of Approval as amended. The motion carried as follows: AYES: 3 COMMISSIONERS: Blair, Fahey, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Chiniaeff, Ford 4. TF~MPO~Y SIGN ORDINANCE 4.1 Proposal to establish standards to allow Temporary Signs. David Hogan summarized the staff report. Mr. Hogan presented the Commission with a copy of a letter of opposition to the ordinance received by Mar. Greg Treadwell, owner of Granny's Bakery and a list of "Sample Time Periods For Temporary Signs" from other local governments. Mr. Hogan advised of the following typographical error, Page 19, Temporary Signs - Old Town, there should be an (A-2), identical to Page 15, 19.9 (A- 2). PCMINTI06192 -2- 7/15192 PLANNING COMMISSION MINUTES JULY 6, 1992 Chairman Hoagland opened the public hearing at 6:35 P.M. Cathy Zeitz, Chairman of the Civic and Developmental Affairs Committee for the Chamber of Commerce, expressed the Committee's support of the Temporary Sign Ordinance. It was moved by Commissioner Fahey, seconded by Commissioner Blair to close the public hearing at 6:40 P.M. and Adopt Resolution No. 92-(next) approving the Ordinance Regulating to Temporary Signs. The motion carried as follows: AYES: 3 COMMISSIONERS: Blair, Fahey, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Chiniaeff, Ford NON PUBLIC HEARING ITEMS PRE-APPLICATION WORKSHOP ON RORIPAUGH HILLS SPECIFIC PLAN Proposal to develop 800 acres at an overall density of 3 dwellinu units/acre, approximately 30% open space. neiuhborhood commercial and two elementary schools. Located east of Butterfield Staue and Nichlos Roads. Jim Fergus, 27720 Jefferson Avenue, Temecula, representing Rancon Financial Corporation, and James O'Neal, 4521 Campus Drive, #134, Irvine, of Landplan Associates, presented the project and provided a slide presentation. The following thoughts and concerns were expressed bythe Commission: Commissioner Fahey indicated that she was concerned with the following aspects of the project: Preparation of a traffic study based on the proposed land use (densities) * Grading and erosion control * Landscaped hillsides * Fire hazard in relation to densities. PCMIN7106192 -3- 7115/92 PLANNING COMMISSION MINUTES JULY 6,1992 Commissioner Blair discussed the following aspects of the project supporting approval: , Natural contouring · Walking accesses · Regional park · Cul-de-sacs , Trail systems, country road idea · Utilization of the Eucalyptus trees as an entry statement ·Small neighborhood parks Concerns expressed by Commissioner Blair were: · Grading and erosion control Chairman Hoagland concurred with Commissioner Blair's comments and added he is concerned with access and grading. PLANNING DIRECTOR REPORT Gary , , , Thornhill reported the following: Mr. Gabele's request to utilize landscaping as opposed to a wall for screening his project was considered by the City Council who sent it back to staff for work and reconsideration by the Planning Commission. July 20, 1992 - An Old Town Specific Plan Update is scheduled. July 29, 1992 - A Joint Planning Commission and Traffic and Transportation Commission Meeting at City Hall, 7:00 P.M. is scheduled. PLANNING COMMISSION DISCUSSION commissioner Fahey questioned the outcome of the land use meeting. Gary Thornhill stated that most of the concerns have been resolved, with substantial changes along Highway 79 South. He added that the next public hearing on the Land Use Plan was scheduled for the beginning of November. FCMIN7106192 -4- 7/16/92 PLANNING COMMISSION MINUTES OTHER BUSIlYgEE Hone ~D~OURN~ENT It was moved by Commissioner Fahey, seconded by Commissioner Blair to adjourn the meeting at 8:00 P.M. The next regular meeting is scheduled for Monday, August 3, 1992, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula. JULY 6,1992 Chairman John E. Hoagland Secretary FCMIN7/06192 -5- 7/15192 PLANNING COM1vII~SION MINUTES OF JULY 20, 1992 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MONDAY, JULY 20, 1992 A regular meeting of the City of Temecula Planning Commission was called to order Monday, July 20, 1992, 6:05 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California, Chairman John E. Hoagland presiding. PRESENT: 4 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland ABSENT: I COMMISSIONERS: Fahey Also present were Assistant City Attorney John Cavanaugh, Planning Director Gary Thornhill, Senior Planner Debbie Ubnoske, and Minute Clerk Gail Zigler. PUBLIC COMMENT None COMMISSION BUSINESS APPROVAL OF AGENDA It was moved by Commissioner Blair, seconded by Commissioner Chiniaeff, to approve the agenda as mailed. The motion was carried unanimously with Commissioner Fahey absent. 2. MINUTES 2.2 Approve the minutes of July 6, 1992 Planning Commission meeting. Commissioner Blair made the following corrections to the minutes: Page 3, motion modified to read ".....approving the Ordinance regulating Temporary signs".; Page 4, second sentence amended to read "supporting the conceptual presentation" and modify the heading "cul-de-sacs" to read, "cul-de-sacs linked with open spaces and parks". Chairman Hoagland amended Page 4, third paragraph amended to read ".....and added he is concerned with access and grading and the idea of taking a coastal concept and moving it to the inland valley". Commissioners Chiniaeff and Ford abstained from approval of the minutes due to their absence at the meeting of July 6, 1992. PCMIN7120192 -1 - 7127192 PLANNING COMMISSION MINUTES JULY 20, 1992 Due to a lack of quorum of Commissioners who were present at the July 6, 1992 meeting, the approval of those minutes was continued to the next regularly scheduled meeting of the City of Temecula Planning Commission. PUBLIC HEARING ITEMS 3. PLOT PLAN NO. 2. REVISED NO. 2, AMENDMENT NO. 3 3.1 A request for approval of a revision to Plot Plan No. 2, Revised No. 1, Amendment No. 1 to allow for a 15,000 square foot expansion of K-Mart and a change of use for Pad No. 6 from financial to a restaurant to allow the construction of a Coco's Restaurant. Located at Palm Plaza shopping center, the southeast corner of Ynez and Winchester Roads. Saied Naaseh presented the staff report. Chairman Hoagland opened the public hearing at 6:15 P.M. John Gantes, 30252 Tomas, Suite 200, Rancho Santa Margarita, representing Coco's franchises, stated that after reviewing their demands, it was felt that the lack of convenient parking during certain hours would not have a significant impact on their customers. Commissioner Ford recommended that the applicant increase the landscaping on the right side of the building and around the trash enclosure. Mr. Gantes indicated that he would be willing to comply. Commissioner Blair asked that the landscaping be modified by deleting some of the palm trees that are planned and replace with an alternative tree that would provide some shade. Greg Erickson, 28765 Business Park Drive, Temecula, representing Bedford Properties, asked for clarification that Condition of Approval No. 51 was a fee requirement for the net change only; and Condition of Approval No. 54 be amended to "prior to issuance of occupancy permit." Doug Stewart stated that staff would concur with the applicant's modification to Condition No. 54. Rick Vandecort, 1565 Hotel Circle South, San Diego, architect, explained that the request was to provide for expansion of inventory area, specifically in the back of the store to increase the garden shop and re-locate the cafeteria area. PCMINTI2OI92 -2- 7127/92 PLANNING COMMISSION MINUTES JULY 20,1992 It was moved by Commissioner Chiniaeff, seconded by Commissioner Ford to close the public hearing at 6:40 P.M. and Adoot Resolution No. 92-(next) approving Plot Plan No. 2, Revised Permit No. 2, Amendment No. 3 based on the Analysis and findings contained in the approval and subject to the Conditions of Approval and Reaffirm the previously adopted Negative Declaration for Plot Plan No. 2, Revised Permit No. 1, Amendment No. 1, modifying Condition of Approval No. 54 to "to prior to the issuance of occupancy permit". AYES: 4 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: I COMMISSIONERS: Fahey TEMECULA VALLEY UNIFIED SCHOOL DISTRICT 4.1 Proposed new High School and Maintenance Facility, north of Winchester Road between Margarita Road and Nicolas Road. Lettie Boggs, Temecula Valley Unified School District, presented an overview of the proposed high school and bus maintenance facility. Ms. Boggs stated that the school district is currently proceeding with a E.I.R. for the school site and the maintenance facility. Woody Franklin, Temecula Valley Unified School District, provided a summary of the bus maintenance facility. Commissioner Chiniaeff questioned the the impacts to the traffic counts on Winchester Road as they exists today. Tem Setlet, Director of Public Works, advised that it appears that the High School would generate less traffic than a commercial use. Mr. Serlet added that Winchester Road would most likely operate at a leverl of service "E" or "F" whether or not the high school was built. OLD TOWN UPDATE 5.1 Old Town District, City of Temecula David Hogan provided an update on the Old Town Specific Plan. PCMIN~I2OI92 -3- 7127192 PLANNING COMMISSION MINUTES 6. AMARILLO WIND MACHINE COMPANY 6.1 JULY 20° 1992 Proposed use of an existing 4800 s~luare foot building for spare parts storage to support field service end installation of agricultural frost machines, inside parking of service trucks, and some assembly of service parts. Located along Pala Road, south of Highway 79 on the east side of Interstate 15 (Murdy Ranch Specific Plan Site). Recommendation: Provide input relative to type of application required. Debbie Ubnoske presented the staff report. Gary Thornhill advised that the request is a determination of the Planning Director, however, because of the site and the uniqueness of the request, it was staff's decision to bring the request before the Planning Commission. Steve Clark, Amarillo Wind Machine, requested the Commissions support of the proposal. Mike Gray, County Fire Department, advised that the facility did not have a water supply, and the applicant would have to comply with all the safety requirements before occupancy would be approved. The consensus of the Commission was in support of the applicant's request. STATUS OF CURRENT PLANNING ACTIVITY Gary Thornhill provided a brief overview of the staff report. PLANNING DIRECTOR REPORT Gary Thornhill advised of the following: * Planning Department has hired a new Assistant Planner, Craig Ruiz. * Commissioner Blair and Commissioner Ford have been reappointed to their positions for another four (4) years. * Elect Chairman and Vice Chairman at the next meeting. * Currently putting together a comprehensive Development Services System involving Building and Safety, Public Works and Planning Departments. * Requests for Planning Commissioner's phone numbers and addresses. PCMIN7/20/92 -4- 7127192 PLANNING COMMISSION MINUTES JULY 20, 1992 It was the consensus of the Commission that any calls be fielded through the City offices and messages forwarded to the Commission by staff. PLANNING COMMISSIONER REPORTS Commissioner Chiniaeff requested that a mail box be provided for the Commission to pick-up mail and information at the City Hall. Chairman Hoagland recommended that the meetings be cut down to one per month, the third Monday of every month. Commissioner Chiniaeff added that the first Monday could be reserved for special presentations. ADJOURNMENT Chairman Hoagland declared the meeting adjourned at 7:45 P.M. The next regular meeting of the City of Temecula Planning Commission will be held Monday, August 3, 1992, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. Chairman John E. Hoagland Secretary PCMIN7/20192 -5- 7127192 PLANNING COMMISSION MINUTES OF AUGUST 3, 1992 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MONDAY, AUGUST 3, 1992 A regular meeting of the City of Temecula Planning Commission was called to order Monday, August 3, 1992, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California, Chairman John E. Hoagland presiding. PRESENT: 3 ABSENT: 2 COMMISSIONERS: Fahey, Ford, Hoagland COMMISSIONERS: Blair, Chiniaeff Also present were Planning Director Gary Thornhill and Minute Clerk Gall Zigler. PUBLIC COMMENT None COMMISSION BUSINESS APPROVAL OF AGENDA It was moved by Commissioner Ford, seconded by Commissioner Fahey, to approve the agenda as mailed. The motion was carried unanimously with Commissioners Blair and Chiniaeff absent. 2. MINUTES 2.1 Approve the minutes of July 6, 1992 Planning Commission meeting. Due to lack of a quorum of Commissioners present at the meeting of July 6, 1992, approval of the minutes was continued to August 17, 1992. 2.2 Approve the minutes of July 20, 1992 Planning Commission meeting. Commissioner Ford requested the following revisions: Page 2, Item 3, second paragraph should read "Saied Naaseh presented the staff report for both proposals."; insert as third paragraph "Commissioner Ford suggested that the parking seemed inadequate for the project and the location appeared far away. Chairman Hoagland concurred with his remarks". PCMIN8/03/92 -1- 811 1/92 PLANNING COMMISSION MINUTES AUGUST 3, 1992 Amend the fifth paragraph to read ".....increase the landscaping adjacent to the service entrance doorway on the right side of the building with staff's assistance". Amend seventh paragraph by adding the following sentence "After determining that the Palm Trees were already in existence, the applicant should work with staff and add some additional canopy trees were possible. Add the following sentence prior to the comments made by Mr. Erikson "The following remarks were made regarding the K-Mart building:". Page 3, Item 4, add the following the paragraph "Commissioner Ford questioned the Dam inundation study, which the applicant stated they would look at and bring back to the Commission, as well as the number of buses that would be housed at the facility." Item 4, paragraph 5, add the following sentence "The General Plan Traffic Consultant is currently reviewing that as a specific and staff will provide that information to the Commission." It was moved by Commissioner Ford, seconded by Commissioner Fahey to continue approval of the minutes of July 6, 1992 and July 20, 1992 as amended. The motion carried unanimously with Commissioners Blair end Chiniaeff absent. PUBLIC HEARING Development Aareement No. 92-1 (DA 92-1), ChanQe of Zone No. 21 and Tentative Parcel MaD NO. 27314, Amendment No. 2 It was moved by Commissioner Fahey, seconded by Commissioner Ford to continue Development Agreement No. 92-1 (DA 92-1) Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 2 to the meeting of August 17.1992. AYES: 3 COMMISSIONERS: Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Blair, Chiniaeff PCMINB/03/92 -2- 8/11192 PLANNING COMMISSION MINUTES 4. AUGUST 3, 1992 Tentative Tract MaD No. 25277, Amendment No. 4 and Chanoe of Zone No. 5724 It was moved by Commissioner Ford, seconded by Commissioner Fahey to continue Tentative Tract Map No. 25277, Amendment No. 4 and Change of Zone No. 5724 to the meeting of August 17, 1992. AYES: 3 COMMISSIONERS: Fahey, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Blair, Chiniaeff PLANNING DIRECTOR REPORT Gary Thornhill advised that the School District performed a noise and emissions test at the proposed bus facility and the results would be forwarded to the Commissioners. Commissioner Blair and a member of planning staff were in attendance. PLANNING COMMISSION DISCUSSION None OTHER BUSINESS None ADJOURNMENT It was moved by Commissioner Fahey, seconded by Commissioner Ford to adjourn at 6:15 P.M. The next regular meeting of the City of Temecula Planning Commission will be held on Monday, August 17, 1992, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. John E. Hoagland, Chairman Secretary PCMINB/03/92 -3- 811 1192 ITEM #3 STAFF REPORT - PLANNING CITY OF 'rtLMECULA PLANNING COMMISSION August 17, 1992 Case No.: Variance No. 12 Prepared By: Matthew Fagan RECO1VIIVIENDATION: ADOPT Resolution No. 92- approving Variance No. 12 based on the Analysis and Findings contained in the Staff Report and subject m the attached Conditions of Approval. APPLICATION INYORI%IATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: Paragon Steakhouse Restaurants, Inc./Jan Weilert R.V. I.arry Bradley, Signtoch Electrical Advertising, Inc. Application for one twenty-five (25) foot nigh freeway- oriented sign and one six (6) foot high free standing monument sign on Jefferson Avenue with copy for both an approved restaurant and a proposed R.V. Sales, Motorhome Sales and Rental and Truck Rental Facility on each of the signs. 27600 Jefferson Avenue C-P-S (Scenic Highway Commercial) North: South: East: West: C-P-S (Scenic Highway Commercial) C-P-S (Scenic Highway Commercial) Interstate 15 C-1/C-P (General Commercial) Not requested Hungry Hunter Restaurant located on a parc~l adjacent to Jefferson Avenue and Caqz~ Sales located on a parcel adjacent to Interstate 15 S\STAFFRtrB12VAR.PC SURROUNDING LAND USES: North: South: ~t: West: Restaurant/Retail Vacant Freeway Commercial/Retail PROJECT STATISTICS Monument Sign: Thirty-five (35) square feet in size Six (6) feet high Freeway-Oriented Sign: One hundred forty-four (144) square feet in size Twenty-five (25) feet high BACKGROUND Variance No. 12 was submitted to the Planning Department on July 30, 1992. An application was originally submitted for a freeway-oriented sign along with three (3) wall mounted signs under Administrative Plot Plan No. 345 for the Hungry Hunter Restaurant. The three (3) wall- mounted signs were approved by Staff on May 27, 1992. A "Flag Test" was conducted on June 3, 1992 to determine the appropriate height for the freeway-oriented sign. The representative for the Hungry Hunter was under the impression that the proposed freeway-oriented sign would be immediately adjacent to the freeway. The property line for the Hungry Hunter did not extend to the Interstate 15 right-of-way and therefore, the actual location for the freeway-oriented sign would have to be considered off-site. Staff met with the representative of both the Hungry Hunter and Jan Weilert R.V. Jan Weilert is proposing to locate their business on the site behind the Hungry Hunter and adjacent to Interstate 15. A Planning Director's Hearing has been scheduled for August 13, 1992 and Staff is recommending approval for Jan Wefteft R.V. The discussion with the representative centered around the possibility of Jan Weilert R.V. and the Hungry Hunter sharing the freeway-oriented sign along Interstate 15 and, in addition, sharing a monument sign along the Jefferson Avenue frontage. This proposal is similar to Tony Roma's which has identification on two separate parcels: one monument sign fronts Jefferson Avenue and one freeway-oriented sign adjacent to Interstate 15. At the City Attorney's direction, Staff directed the applicant to f~e a Variance application. A subsequent "Flag Test" for the new freeway-oriented sign location was conducted on August 5, 1992. Staff determined that the freeway-oriented sign was clearly visible at twenty-five (25) feet to northbound traffic on Interstate 15 at three-tenths of a mile from the Winchester Road exit ramp. PROJECT DESCRIPTION Variance No. 12 is a proposal for two (2) free standing monument signs located on two (2) separate parcels. A six (6) foot high free standing monument sign (reference Exhibit El) is proposed on the Jefferson Street frontage, adjacent to the Hungry Hunter Restaurant with a second, twenty-five (25) foot high free standing, freeway-oriented sign (reference Exhibit E2) proposed along the Interstate 15 frontage, on the Jan We'~ert R.V. site. ANALYSIS A flag test was conducted on August 5, 1992 to determine the appropriate height for the freeway-oriented sign (reference Exhibit F). A red board (which was the approximate size of the preposed sign) was raised and then lowered in the approximate location of the proposed sign. The flag test was conducted on the noahbound side of Interstate 15 approximately three-tenths of a mile south of the Winchester Road exit ramp. A sign would not be visible from southbound Interstate 15 north of Winchester Road; therefore, no flag test was conducted three-tenths of a mile for this exit ramp. Three-tenths of a mile is chosen as the distance it would take a driver to transition from the fast lane over to the exit ramp once they viewed the sign. The board was lowered in five (5) foot increments from an original height of forty (40) feet. Staff took pictures of the sign at five foot increments unffi the sign was no longer visible. The sign was visible at twenty-five (25) feet, however it was obscured from view at twenty (20) feet. Based upon this evidence, Staff recommends the height of the sign to be twenty-five (25) feet. Section 18.27 of Ordinance No. 348 states: "Variances from the terms of this ordinance may be granted when, because of special circumstances applicable to a parcel of property, including size, shape, topography, location or surroundings, the stxict application of this ordinance deprives such property of privileges enjoyed by other propony in the vicinity that is in under the same zoning chssification." Jan Weilert R.V. does not have frontage on Jefferson Avenue. Access to the site wffi be via an access easement off of Jefferson Avenue. Off-site signage will be the only method of identify'rag the location of the business to local traffic. Staff supports the identification of Jan Weilert on the proposed monument sign which is to be located on the Hungry Hunter parcel. Hungry Hunter also takes access from Jefferson Avenue, and it is therefore logical that they be permitted to have signage on Jefferson Avenue. Except forthe "off-site" copy on the sign which identifies Jan Weilert R.V., the monument sign meets the requirements prescribed under Section 19 of Ordinance No. 348. The original proposal by the Hungry Hunter Restaurant under Administrative Plot Plan No. 345 was for three (3) wall-mounted signs and one freeway-oriented, free standing sign. Hungry Hunter still requests that they be able to have freeway-oriented signage. Under Ordinance No. 348 both Hungry Hunter and Jan Weilert R.V. would be permitted one freeway-oriented, free standing sign per parcel (provided that there are no other monument type signs on the site). This could result in a situation where two freeway-oriented signs would be located within close S\STAFFRPT~12VAR.PC 3 proximity of each other. Each sign could have a maximum height not to exceed 45 feet in height and a maximum surface area not to exceed 150 square feet in size. Staff determined that if each use were permitted a freeway-oriented sign, an unfavorable result would be the proliferation of freeway-oriented signage. Staff supports the proposed freeway-oriented sign which identifies both the Hungry Hunter and Jan We'Hen R.V. With a literal interpretation of Ordinance No. 348, the copy on the signage which identifies the Hungry Hunter is off-site. However, by allowing both uses to share one sign, the need for two freeway-oriented signs is eliminated. In addition, the proposed height of the sign will be 25 feet in height, which is lower than most of the freeway-oriented signs in the area (Burger King, Chevron, Tony Roma's and Honda). The proposed sign will be approximately 144 square feet in area which is under the maximum permitted under Ordinance No. 348. Section 19.1 of OrdinanCe No. 348 states: "It is the intent of this ordinance to provide standards to safeguard life, health, property and the public weftare, to provide a means for adequate identif'mcation of businesses and other sign users by prohibiting, regulating and controlling the design, location and maintenanCe of signs..." OrdinanCe No. 348 would permit one free standing sign per parcel. Both of ~e signs propose to coDlain off-site copy. There is a monument sign proposed for the Hungry Hunter parcel and there is a freeway-oriented sign proposed for the Jan Weilert R.V. parcel. Staff has worked with the applicant in terms of size, color, materials and location of the proposed signage and feels that the current application meets the intent of Section 19.1 of Ordinance No. 348, which permits staff to regulate and control the design and location of signs. Colors for the Hungry Hunter portion of both signs are their standard signage colors. The face of the sign is Ivory, with a Burgundy background. The trees and the stripes are to be Holly Green. The freeway-oriented sign will have a Clove Brown cabinet and the pole cover shall be "Oatmeal" which will match the color of the Hungry Hunter Restaurant. The monument sign along Jefferson Avenue will also have a Clove Brown cabinet and "Oatmeal" posts, and paneling. Staff worked with the applicant's representative for colors for the Jan We'tlert R.V. copy which would serve to compliment the Hungry Hunter sign. Ivory was chosen as a background and Holly Green was chosen for the lettering. FUTURE GENERAL PLAN AND SWAP CONSISTENCY Zoning on the site is Scenic Highway Commercial (C-P-S). Signage is permitWxl in the C-P-S zone provided that it has been approved pursuant to OrdinanCe No. 348. The signage is consistent with the SWAP criteria for outdoor advertising displays within Eligible State Scenic Highways (Interstate 15) in fact the freeway-oriented sign is the minimum necessary identification and, additionally, the design, materials, color and location of the sign blend with the environment. As such, it is likely that Variance No. 12 will be consistent with the City's future General Plan, upon the Plan's final adoption. S\STAFFR~T~12VAR.PC 4 ENVIRONMENTAL DETERMINATION The proposed project is a Class 11 Categorical Exemption pursuant to Section 15311(a) of the CEQA Guidelines. Class 11 Exemptions consist of the construction of minor structures appurtenant to existing commercial facilities such as on-premises signs. SUMMARY/CONCLUSIONS Variance No. 12 is a proposal for one twenty-five (25) foot nigh freeway-oriented sign adjacent to Interstate 15 and one six (6) foot nigh monument sign adjacent to Jefferson Avenue. Each sign proposes copy for both the Hungry Hunter Restaurant and Jan Weilert R.V. The proposal meets the requirements under Section 18.27 of Ordinance No. 348 pertaining to Variance applications. Jan We'~ert R.V. does not have frontage on Jefferson Avenue and therefore needs signage to identify the location of their business to local traffm. In addition, the Hungry Hunter Restaurant is requesting freeway-oriented signage. A literal interpretation of Ordinance No. 348 would permit one freeway-oriented sign per parcel. By incorporating Jan We'fiert R.V. and Hungry Hunter on one sign, the need for two freeway-oriented signs is eliminated. The proposed monument sign adjacent to Jefferson Avenue meets the height and size criteria prescribed under Section 19 of Ordinance No. 348. The same is tree for the freeway-oriented sign. In addition, both signs are aesthetically appealing. The freeway-oriented sign meets SWAP requirements for signage along an "Eligible State Scenic Highway" (Interstate 15). FINDINGS There are exceptional circumstances applicable to the existing size and configuration of the subject property. Jan Weilert R.V. does not have frontage on Jefferson Avenue and would therefore endure a hardsnip by not having location identification signage on Jefferson Avenue. In addition, under Ordinance No. 348, freeway-oriented signs would be permissible for both the Hungry Hunter and Jan We'~ert R.V., however, one sign could accomplish the same as two and meet Ordinance No. 348 requirements relative to size and height requirements. The granting of this variance will be compatible with the general welfare of the public in that the proposed sign(s) conform with Ordinance No. 348 in terms of development criteria for the two (2) proposed signs, and the policy guidelines in Section llI.8.f. of SWAP relative to scenic nighway corridors. The proposed freeway-oriented sign is aesthetically pleasing, and by utilizing only one sign with multiple copy, the proliferation of freeway-oriented signage is reduced. The appmved sign allows the applicant to adequately identify the project site in a manner compatible with the intent of City sign regulations. Signage proposed is consistent with design and construction types generally endorsed by the City. As such, the proposed use wffi be consistent with the City's future adopted General Plan, which is being conducted in a timely manner. STAFF RECOMMF~NDATION: ADOPT Resolution No. 92- approving Variance No. 12 based on the Analysis and Findings contained in the Staff P~ort and subject to the attached Conditions of Approval. Attachments: Resolution No. , blue page 7 Conditions of Approval, blue page 11 Exhibits, blue page 14 ATTACHMENT NO. 1 RESOLUTION S\STAI;FRPT~I2VAR.I~C 7 AITACHMENT NO. 1 RESOLUTION NO. 9~ A RESOLUTION OF ~ PLANNING COMMISSION OF T~F~ CITY OF ~ APPROVING VARIANCE NO. 12 TO CONSTRUCT A 25 FOOT HIGH FREEWAY- O]~lV. NTED FREE STANDING SIGN AND A 6 FOOT HIGH MONUMENT SIGN ON ASSESSOR'S PARCEL NO'S. 910-130-034 AND 910-130-035. WI~.REAS, Paragon Restaurant Group fried Variance No. 12 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WI~JIEAS, said Variance application was processed in the time and manner proscribed by State and local law; WItEREtS, the Planning Commission conducted a public hearing pertaining to said Variance on August 17, 1992, at which time interested persons had opportunity to testify either in support or opposition to said Variance; and WHEREAS, at the conclusion of the heating, the Planning Commission recommended approval of said Variance; NOW, THEREFORE, ~ PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RF~OLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within tlirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, ff all of the following requirements are met: general plan. The city is proceeding in a timely fashion with the preparation of the 2. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the foilowing: a. Them is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. Them is litfie or no probability of substantial detriment to or interference with the future adopted general plan ff the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as mended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted the SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. Pursuant to Sections 18.27(a) and 18.30 (c), no variance may be approved unless the foliowing fmdings can be made: 1. Special circumstances exist applicable to a parcel of property, including size, shape, topography, location or surroundings, whereby the strict application of this ordinance deprives such property of priv~eges enjoyed by other property in the vicinity that is under the same zoning classification. 2. The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. 3. The overall development of the land is designed for the protection of the public health, safety and general weftare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. D. The Planning Commission, in approving the proposed Variance, makes the following fmdings, to wit: 1. There are exceptional circumstances applicable to the existing size and configuration of the subject property. Jan Weilert R.V. does not have frontage on Jefferson Avenue and would therefore endure a hardship by not having location identification signage on Jefferson Avenue. In addition, under Ordinance No. 348 two freeway-oriented signs would be permissible for both the Hungry Hunter and Jan Weilert R.V., however, one sign could accomplish the same as two and meet Ordinance No. 348 requirements relative to size and height requirements. 2. The granting of this variance will be compatible with the general welfare of the public in that the proposed sign(s) conform with Ordinance No. 348 in terms of development criteria for the two (2) proposed signs, and the policy guidelines in Section llI.8.f. of SWAP relative to scenic highway corridors. The proposed freeway-oriented sign is aesthetically pleasing, and by utilizing only one sign with multiple copy, the proliferation of freeway-oriented signage is reduced. S~TAFFRFBI2VAR.PC 9 3. The approved sign allows the applicant to adequately identify the project site in a manner compatible with the intent of City sign regulations. Signage proposed is consistent with design and construction types generally endorsed by the City. As such, the proposed use will be consistent with the City's future adopted General Plan, which is being conducted in a timely manner. E. Pursuant to SECTION E, the Variance proposed conforms to the logical development of its proposed site and is compatible with the present and future development of the surrounding property. Section 2. Environmental Compliance. The project is determined to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA). Section 3. Conditions. That the City of Temecula Planning Commission hereby approves Variance No. 12 to construct a 25 foot high freeway-oriented free standing sign and a 6 foot high monument sign located on Assessor's Parcel No's. 910-130-034 and 910-130-035. Section 4. PASSED, APPROVED AND ADOPTED this 17th day of August, 1992. JOHN E. HOAGLAND CHAIRMAN I HEI~ERY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 17th day of August, 1992 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: S~STAFF!m-~7~12VA!m--I~'c 10 ATTACHMENT NO. 2 CONDITIONS OF APPROVAL 3XSTAFFRPTXl2VAR.!~C l l CITY OF TEMECULA CONDITIONS OF APPROVAL Variance No. 12 Project Description: A twenty-five (:IS) foot high freeway-oriented sign and a six (6) foot high monument sign for an approved restaurant and a proposed R.V. Sales, Motorhome Sales and Rentals and Truck Rentals. Assessor's Parcel No.: 910-130-034 and 910-130-035 PLANNING DEPARTMI~NT The use hereby permitted by this Variance is for a twenty-five (25) foot high freeway- oriented sign and a six (6) foot high monument sign for an approved restaurant and a proposed R.V. Sales, Motorhome Sales and Rentals and Truck Rentals. The permittee shall defend, indemnify, and hold harmless the City of Temecuh, its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers, or employees to attack, set aside, void, or annul, an appwval of the City of Temeeula, its advisory agencies, appeal boards, or legishtive body concerning Variance No. 12. The City of Temeeuh will promptly notify the permittee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. This approval shah be used within one (1) year of approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the one (1) year period which is thereafter diligently pursued to completion, or the beginning of substantial uf~ization contemplated by this approval. This approval shall expire on The location of the monument sign adjacent to Jefferson Avenue and the freeway-oriented sign adjacent to Interstate 15 shall substantially conform to the site plan, known as Exhibit D. The monument sign adjacent to Jefferson Avenue shall conform substantially with that as shown on Exhibit El. S\STAFFRPT~I2VAR.PC 12 6. The fre~way-oriented free standing sign shall conform substantially with that shown on Exhibit E2. 7. An encroachment permit will need to be obtained from the Department of Public Works prior to the commencement of any construction ff any work is done in the public right-of- way. BUrr,PING AND SAFETY 8. All signs shall be labeled showing proof of U.L. listing. 9. Illustrate on the plans the location of an accessible disconnect. 10. Submit engineered foundation drawings for both signs (stamped and wet signed by the engineer). S~STAFFRPTXI2VAR.~C 13 ATTACIIMF~NT NO. 3 EXIHRITS SXS'rAmU'TX~VA~C.~ 14 CITY OF TEMECULA \ / !1 cc I % % CASE NO.: Variance No. 12 EXHIBIT: A P,C. DATE: August 17, 1992 VICINITY MAP CITY OF TEMECULA 16 FEEWAY-ORIENTED SIGN :~"7-r]TfTPdlil!ll L ~ J...,.*. ,.,vo.,.,. MONUMENT SIGN CASE NO.: Variance No. 12 EXHIBIT: D P.C. DATE: August 17, 1992 SITE PLAN S\STAFFRFr~12VAR.PC CITY OF TEMECULA SITE SWAP - EXHIBIT B Designation: Commercial (C) SITE ": ZONING - EXHIBIT C Designation: Scenic Highway Commercial (C-P-S) Case No.: Variance No. 12 P.C. Date: August 17, 1992 S',STAFFRPT~I2VAR.I~C PRBIE RLR- ClIOICE ITEM #4 MEMORANDUM TO: FROM: DATE: SUBIECT: Planning Commission Gary Thornhill, Director of Planning August 17, 1992 Continuance of Item No. 4 - Tentative Tract Map No. 25277, Amendment No. 4 and Change of Zone No. 5724 (Acacia) A continuance has been requested by the applicant for Tentative Tract Map No. 25277, Amendment No. 4 and Change of Zone No. 5724. A specific date wffi be recommended by the Staff at the August 17, 1992 hearing. The project wffi be m-noticed. klb ITEM #5 Case No.: RECO1V[MENDATION: STAFF REPORT - PLANNING CITY OF TEM~CLrLA PLANNING COMMISSION August 17, 1992 Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 Pre1~ared By: Saied Naaseh RECOMMEND Adoption of Negative Declaration for Development Agreement No. 92-1, Change of Zone No. 21 and Tenlative Parcel Map No. 27314, Amendment No. 2; and ADOPT Resolution No. 92- recommending Approval for Development Agreement No. 92-1, Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 2 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: Linfield Christian School Albert A. Webb Associates A request for approval of Development Agreement No. 92-1 (refer to Attachment No. 6) to ensure the development of the site as a multi-family senior complex, congregate care, personal care and skilled nursing facilities, a nine-hole goff course and the dedication of a senior center to the City of Temecuia (refer to Exhibit "D"); a request for approval of Change of Zone No. 21 to change the zoning from Rural Residential (R-R) to General Residential CR-3) for parcels 1 through 4 of the Parcel Map (refer to Exhibit "F") and a request for approval of Tentative Parcel Map No. 27314, Amendment No. 2 to ereate four (4) parcels and a Remainder Parcel (refer to Exhibit "E"). LOCATION: East of Temecula Valley High School, south of Rancho Vista Road and north of Pauba Road S'~STAFFRPT~27314'FrM.PC vgw EXISTING ZONING: R-R (Rural Residential) SURROUNDING ZONING: North: South: Past: West: Specific Plan (SP 199, Margarita Village) Specific Plan (SP 219, Paloma Del Sol) Rural Residential (R-R) Rural ResideDtiM (R-R) PROPOSED ZONING: R-3 (General Residential) EXISTING LAND USE: Linfield School Site SURROUNDING LAND USES: North: South: Fast: West: Single Family Dwellings Vacant (Paloma del SoD Single Family Dwellings Temecula Valley High School PROJECT STATISTICS Life of the Development Agreement Number of Parcels Total acres Pamel 1/Senior Center Site Parcel 2/Multi-family Complex Parcel 3/Congregate Facility Parcel 4/Skilled Nursing, Personal Care Remainder ParceFLinfield School 15 years 4 plus a Remainder Parcel 96.9 acres 2.3 acres 38.0 acres 6.2 acres 2.0 acres 48.4 acres BACKGROUND This project was submitted to the City of Temecula on December 17, 1991. Three (3) Development Review Committee meetings were scheduled on January 16, 1992, February 27, 1992 and May 7, 1992. On June 15, 1992 the application was deemed complete and was scheduled for a Planning Commission Hearing. PROJECT DESCRIPTION This project consists of a Development Agreement, a Zone Change and a Parcel Map. The following represents a summary of the individual applications: Development Agreement 92-1 The purpose of this Development Agreement (D.A.) is to ensure the future development of parcels 1 through 4 of Parcel Map No. 27314, Amendment No. 2 as a multi-family senior complex, congregate care, personal care and skilled nursing facilities, a nine (9) hole private golf course and the construction and dedication of a senior center on Parcel 1. A deed restriction will limit the age of all residents within this project to 55 or older. This D.A. is tied to the Change of Zone application to ensure the development of the above mentioned uses. Specific language in the D.A. reverts back the Zoning and the General Plan Land Use designations from R-3 and High Density to R-1 and Low Medium Density or Public Institutional ff the developer does not begin substantial construction of the multi-family senior complex and the congregate care, personal care, or the skilled nursing facilities within five years. The total life of the D.A. is for fifteen (15) years to allow the build out of the project. The development of the site will comply with all the requirements of Ordinance No. 348, however, ff new standards are adopted by the City by the time the applicant applies for further entiflements, new standards will apply to the project. Change of Zone No. 21 The current zoning on the property is Rural Residential (refer to Attachment No. 7) and the applicant is requesting a change of zone to General Residential (refer to Attachment No. 8) for parcels 1 through 4 of the Parcel Map. The remainder parcel retains the R-R zoning designation. Tentative Pared Map No. 27314. Amendment No. 2 This parcel map will allow the parcelization of a 97.9 acre parcel which includes the L'mfield School site which will be designated as a Remainder Parcel. Parcel No. 1 will be constructed as a senior center and will be dedicated to the City for operation and maintenance. Parcel No. 2 will be developed as a multi-family senior complex with an integrated nine (9) hole golf course. Parcel No. 3 will be set aside for the Congregate Care fat'filly and Parcel No. 4 will be developed as Personal Care and Skilled Nursing facilities. Access to Parcel 1 is provided by two 30 foot wide driveways, access to Parcel 2 is provided by two 30 foot wide driveways, one on Pauba Road and one on Rancho Vista Road, Parcel 3 will have one exclusive 30 foot access drive aisle and a shared drive aisle with Parcel 4 with the same width. The Remainder Parcel will be served by the existing driveway. Several structures including the school's gymnasium, three storage structures and a residence and a baseball field exist on the site and will be removed to allow the construction of the project. These facilities have been incorporated into the proposed master plan for the Linfield School. Two narrow, 20 foot wide drainage ditches enter the northwestern comer of the site, converge, and then terminate in the unvegetated alluvial wash which is identified as a Blue L'me Stream on the USGS maps. The drainage ditches contain a low quality Southern Willow Scrub which qualifies as weftand habitat as identified in the Biological Report. ANALYSIS Development Agreement 92-1 Since the development of this project as a senior housing complex required a zone change from R-R to R-3, Staff was concerned .about the potential development of the site as a high density apartment complex permitted under the R-3 zone. One way to insure the development of the site as a senior housing complex as opposed to high density apartments was to record an D.A. As a result, the zone change is tied to the developer's performance on the construction of the project as specified in the Development Agreement. The D.A. requires the developer to comply with a Development Schedule, (refer to Exhibit "C" of Attachment No. 6). The following represents the developer's responsibilities under this agreement. Within five (5) years of the effective date of this Development Agreement, Owner shall have substantially begun construction of each of the following uses: a. Twemy (20) dwelling units of the Senior Citizen Housing Development, and b. The Congregate Care Facility, Skilled Nursing Facility, or Personal Care Facility "Substantially begun construction" shall mean obtaining a building penit and having an approved and inspected foundation. After twenty-five (25) percent of the dwelling units within the multi-family senior housing complex have received Occupancy Penits and prior to the next Occupancy Permit issuance within this complex, owner shall have constructed and obtained a Certificate of Occupancy for the Senior Citizen Center, and shall have completed the goff course. Within five (5) years of the effective date of this Development Agreement, Owner shall have recorded Parcel Map No. 27314 and have obtained all subsequent development approvals for the Senior Citizen Housing Development, the Congregate Care Facility, the Skilled Nursing Facility, and the Personal Care Facility. e Within the term of this Development Agreement, Owner shall have obtained Certificates of Occupancy for all buildings identified in the subsequent development approvals. Failure to meet any of these deadlines will result in a breach of the D.A., and the City will initiate the reversion of the zoning designation and the General Plan Land Use designation from R-3 and High Density Residential to R-1 and Low Medium Density Residential or Public Institutional. In order to satisfy the Quimby Act requirements which are usually collected prior to the recordation of the Final Map, the applicant will receive a Fifty (50) percent credit towards the construction of the private goff course. The conceptual site plan for the project (refer to Exhibit "D") shows no public parking spaces for this facility, therefore, it will be used exclusively by the residents of the complex. The remaining fifty (50) percent of the Quimby requirements is satisfied by the construction and dedication of the Senior Center site which will actually exceed the Quimby Act requirements. Both of these facilities will be built after twenty-five (25) percent of the dwelling units within the multi-family senior housing complex have received Occupancy Permits and prior to the next Occupancy Permit issuance within this complex. Technically, the developer could have 20 approved foundations for the multi-family senior complex and have received the approval for the foundation of either the congregate care, the skilled nursing or the personal care facilities, or have built these three facilities, and not be required to build the senior center or the golf course. Change of Zone No. 21 This Change of Zone from R-R to R-3 was necessary to allow the developer to apply for the entitlements necessary to build the senior housing complex as identified in the D.A. Moreover, this zone change is "conditional" upon the performance of the developer in regards to the development of the site as specified in the Development Schedule of the D.A. (refer to Exhibit "E" of Attachment 6). If the developer fails to satisfy any component of this Development Schedule, the Zoning and the General Plan designations will revert hack from R-3 and High Density Residential to R- 1 and Low Medium Density Residential or Public Institutional. Tentative Parcel Map No. 27314. Amendment No. 2 The proposed map will subdivide the 98.9 acre parcel into four (4) parcels and a Remainder Parcel. The Senior Center site is located on Parcel No. 1. Due to the existing topography, the whole site will probably have to be mass graded in order for this parcel to be developed. Otherwise, the parcel by itself will be difficult to grade and build on. Since the D.A. requires the developer to construct and dedicate the site to the City prior to release of the fast occupancy permit for the multi-family complex, Staff does not foresee a potential problem with the topography. Compatibility with the Surrounding Uses The site will be bordered by existing single-family residential to the north and proposed single- family to the south, and two schools to the east and west. Staff has not been contacted by either of the two Home Owners Associations (HOAs), Villa Avanti to the north and Green Tree to the east, expressing opposition to the project. Both of these HOAs have been notified of the Public He. axing. However, the Temecula Valley Unified School District has expressed concern about the project and has requested a Conditional of Approval be added to protect their interests (refer to Condition No. 34 and Attachment No. 11). Staff shares the concerns of the School District since the proposed senior citizen complex will be surrounded by two schools which could impact this project. The existing stadium will generate light and noise that will need to be mitigated at the plot plan stage (refer to Condition No.35). ZONING, FUTURE GENERAL PLAN AND SWAP CONSISTENCY The proposed project includes a change of zone from R-R to R-3. This change will allow the development of the project site as a senior housing complex as dictated within the D.A. The City of Temecula is supportive of this change of zone since it will result in a desirable senior housing project consistent with the surrounding land uses. The first draft of the preferred land use map shows the project site as Public Institutional since it is now one parcel which contains the Linfield School. fithis project is approved as proposed, the Preferred Land Use Map will be mended to show High Density Residential. The SWAP designation for the project site is residential, minimum one acre lot size. The City of Temecula is supportive of the approval of this project since it will result in a desirable senior housing project consistent with the surrounding !and uses. ENVIRONME~NTAL DETERMINATION An Initial Study was prepared for this project and with the adoption of mitigation measures which have been included in the Conditions of Approval, all the anticipated impacts have been reduced to a level of insignificance. Therefore, a Negative Declaration has been prepared and recommended for adoption. The following summarizes the mitigation measures. I1VIPACT MITIGATION :: CONDITION NUIVIBER Structures proposed in the Flood Plain which has been created as a result of surface drainage entering the site Existence of wetlands on the site Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas A mitigation measure that is acceptable to the Army Corps of Engineers, Fish and Game and Fish and Wildlife 63 33 Temecula Valley High School stadium noise and lights These impacts shah be dealt with at the Plot Plan stage and include mitigation measures such as building orientation, building design features such as over hangs, landscaping and setbacks 35 :IMPACT Traffic impact of the project on the public street system with 1,610 daily vehicle trips including 130 peak hour trips and the operation of a major intersection at level of service C or better Internal circulation impacts to cars and pedestrians Impacts to Fire Services Impacts to Library Services :MITIGATION * Improvements shall be completed to half- width fight-of-way width of Rancho Vista Road and Pauba Road * Painted median shall be required with left torn pockets on Rancho Vista Road and Pauba Road to provide access to the project site * The gate for the multi-family senior complex shall be set back sufficien~y to allow for stacking of * A pedestrian friendly circulation system shall be designed to separate the pedestrian circulation from the auto cixculation by linking parIcing lots, buildings and recreation areas together by accent paving, crosswalks, lighting, landscaping and signage A $400.00 per dwelling unit fire mitigation fee shall be assessed against the project A $100.00 per dwelling unit library mitigation fee shall be assessed against the project :CONDITION NUMBER 44&79 36 & 37 38 21 :IMPACT Aesthetics Impact to the surrounding uses MITIGATION At the Plot Plan stage the architecture and the landscaping of the project shall take into account the surrounding single family units and schools and effectively buffer with landscaping or enhance the architecture as deemed necessary by the Planning Director CONDITION NUMBER 39 SUMMARY/CONCLUSIONS The senior citizen complex shall be constructed as specified in the Development Agreement. At the same time the D.A. prevents the construction of high density aparanents once the zoning is changed to R-3. The developer has five (5) years to start the construction of the project and fifteen (15) years to complete the pwject. The construction and dedication of the Senior Center and the construction and operation of the golf course are required after twenty-five (25) percent of the dwelling units within the multi-family senior housing complex have received Occupancy Penits and prior to the next Occupancy Permit issuance within this complex. Staff feels that the approval of the Development Agreement, Zone Change and the Parcel Map will start the foundation of a senior citizen complex that will receive more detailed review at the Plot Plan stage to ensure the projects consistent with the existing and proposed uses surrounding the site. FINDINGS Development Agreement No. 92-1 1. The City is proceeding in a timely fashion with the preparation of its General Plan. There is a reasonable probability that the D.A. will be consistent with the General Plan proposal presen~y being considered, since the project wffi be compatible with surrounding uses and will carry out the policies intended for the General Plan. Therefore, there is a reasonable probability that the D.A. will be consistent with the future General Plan. There is little or no pwbability of substantial detriment to or interference with the future adopted General Plan ff the D.A. is ultimately inconsistent with the plan, since this project will be compatible with the surrounding uses. The D.A. complies with all other applicable requirements of Stat~ Law and Local The environmental impacts of the agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City approvals for the project. No other mitigation measures for environmental impacts created by the project, as presen~y approved shall be required for development of the project unless mandated by laws. The City may, pursuant to and in accordance with its roles, regulations, and ordinances, conduct an environmental review of subsequent discretionary entitlemerits for the development of the property or any changes, amendments, or modifications to the property. The City, as a result of such review, may impose additional measures (or conditions) to mitigate, as permitted by law, the adverse environmental impacts of such development enti~ement which were not considered or mitigated at the time of approval of the D.A. Change of Zone No. 21 There is a reasonable probability that Change of Zone No. 21 will be consistent with the City's fittore General Plan, which will be completed in a reasonable time and in accordance with State Law, due to the fact that the future development of the site will be controlled by a Development Agreement which is consistent with City' s policies for the new General Plan. There is not a likely probability of substantial detriment to or interference with the future General Plan, ff Change of Zone No. 21 is ultimately inconsistent with the plan, due to fact that the development of the site will be controlled by a Development Agreement which is consistent with the City's policies for the future General Plan. The project is compatible with surrounding land uses since this project will not have negative impacts on the existing school sites to the east and west and the existing and proposed single-family dwellings to the north and south. The proposal will not have an adverse effect on the environment, since mitigation measures have been incorporated to the project design and conditions of approval to reduce the impacts to a level of insignificance. Tentative Parcel Map No. 27314 Them is a reasonable probability that Tentative Parcel Map No. 27314 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State Law. The project, as conditioned, conforms with existing applicable city zoning ordinances and development standards. S\STAFFRPT~7314TrI~.i~C yew 9 Them is not a likely probability of substantial detriment to, or interference with the City's future General Plan, if the proposed use is ultimately inconsistent with the Plan, since the future development of the site wffi be controlled by a Development Agreement which is consistent with the City's policies for the new General Plan. The proposed use or action as condifioned complies with State planning and zoning hws. Reference local Ordinances No. 348, 460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). The project as designed and conditioned will not adversely affect the public health or weftare since all impacts have been mitigated to a level of insignificance. The project is compatible with surrounding land uses since the proposal will not have a negative impact on the existing school sites to the east and west and the existing and proposed single-family dwellings to the noah and south. The project has acceptable access to dedicated fights-of-way which are open to, and useable by, vehicular traffic. The project draws access from Pauba Road and Rancho Vista Road, improved dedicated City fights-of-way. Project access, as designed and conditioned, conforms with applicable City Engineering standards and ordinances. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Environmental Analysis for this project. Said Findings are supported by minutes, maps, exhibits and environmental documents associated with this application and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. STAFF RECOMMENDATION: RECOM1V~-ND Adoption of Negative Declaration for Development Agreement No. 92-1, Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 2; and ADOPT Resolution No. 92- recommending Approval for Development Agreement No. 92-1, Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 2 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. S~TAFFR~Zm4~.~C ~ 10 Attachments: 2. 3. 4. 6. 7. 8. 9. 10. I1. 12. 13. Resolutions - blue page 12 Ordinances - blue page 18 Conditions of Approval - blue page 19 Exhibits - blue page 35 a. Vicinity Map b. SWAP Map c. Zoning Map d. Conceptual Site Plan e. Tentative Parcel Map No. 27314, Amendment No. 2 f. Change of Zone No. 21 g. Conceptual Elevations Initial Environmental Study - blue page 36 Development Agreement - blue page 53 Sections 5.1 and 5.2 of Ordinance No. 348, Rural Residential Zoning Standards - blue page 54 Sections 8.1 and 8.2 of Ordinance No. 348, General Residential Zoning Standards - blue page 55 Sections 18.5 and 18.6 of Ordinance No. 348, Standards for Planned Residential Developments & Planned Residential Developments-Senior Citizens - blue page 56 Sections 19.101, 19.102 and 19.103 of Ordinance No. 348, Congregate Care Facilities Standards - blue page 57 School District Letter - blue page 58 Arthur Anderson Study, Development Program Recommendations - blue page 59 Miscellaneous Correspondence - blue page 60 mSTAFF!~j~Fx27314Tr3,d.~ vgw ll ATTACHMENT NO. 1 RESOLUTIONS S\STAFFP. J~q~27314TTM.PC vgw 12 ATIACHMENT NO. 1 RESOLUTION NO. 92- A RESOLUTION OF ~ PLANNING COMMISSION OF ~ CITY OF TEMECULA RECO~ING APPROVAL OF DEVI~JI)PIVIKNT AGliEI~n,.NT NO. 92-1, CHANGE OF ZONE NO. 21 TO CHANGE ~ ZONING PROM R-R TO R-3, AND TENTATIv'E PARCEL MAP NO. 27314, AlVtF~NDIVIENT NO. 2 TO SUBDIVIDE A 96.9 ACRE pARCEl, INTO FOUR (4) PARCELS AND A REMAINDER PARCEL LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO VISTA ROAD AND EAST OF ~ TEMECULA VALLEY HIGH SCHOOL. WFW~REAS, The Ijn~eld School fried Development Agreement No. 92-1, Change of Zone No. 21 and Parcel Map No. 27314, Amendment No. 2 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said applications were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said applications on August 17, 1992, at which time interested persons had an opportunity to testify either in support or opposition; Wtt'EREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said applications; NOW, T!~.REFORE, ~ PLANNING COMMISSION OF ~ CITY OF TElVIECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, ff all of the following requirements are met: general plan. The city is proceeding in a timely fashion with the preparation of the S~STAFFRF~27314TTM.PC vgw 13 2. The planning agency fmds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a. Them is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. Them is little or no probability of substantial detriment to or interference with the future adopted general plan ff the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as mended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest potion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending approval of said applications makes the foliowing fmdings, to wit: Development Agreement No. 92-1 1. The City is proceeding in a timely fashion with the preparation of its General Plan. 2. There is a reasonable probability that the project will be consistent with the general plan proposal presently being considered, since the project wffi be compatible with surrounding uses and will carry out the policies hitended for the General Plan. 3. There is little or no pwbability of substantial detriment to or interference with the future adopted general plan ff the project is ultimately inconsistent with the plan, since this project will not have a negative impact on the surrounding uses. 4. The project complies with all other applicable requirements of state law and local ordinances. 5. The environmental impacts of the agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City approvals for the project. 6. No other mitigation measures for environmental impacts created by the project, as presently approved shall be required for development of the project unless mandated by laws. S%STA~314~.!DC VF 14 7. The City may, pursuant to and in accordance with its rules, regulations, and ordinances, conduct an environmental review of subsequent discretionary entitlements for the development of the property or any changes, amendments, or modifications to the property. The City, as a result of such review, may impose additional measures (or conditions) to mitigate as permitted by law the adverse environmental impacts of such development entitlement which were not considered or mitigated at the lime of approval of the project. Change of Zone No. 21 1. There is a reasonable probability that Change of Zone No. 21 will be consistent with the City' s filmre General Plan, which wffi be completed in a reasonable time and in accordance with State Law, due to the fact that the filmre development of the site will be controlled by a Development Agreement which is consistent with City's policies for the new General Plan. 2. There is not a likely probability of substantial detriment to or interference with the filmre General Plan, if Change of Zone No. 21 is ultimately inconsistent with the plan, due to fact that the development of the site will be controlled by a Development Agreement which is consistent with the City' s policies for the filmre General Plan. 3. The project is compatible with surrounding land uses since this project will not have negative impacts on the existing school sites to the east and west and the existing and proposed single-family dwellings to the north and south. 4. The proposal will not have an adverse effect on the environmere, since mitigation measures have been incorporated into the project design and conditions of approval to reduce the impacts to a level of insignificance. Tentative Parcel Map NO. 27314. Amendment No. 2 1. There is a reasonable probability that Tentative Parcel Map No. 27314, Amendment No. 2 will be consistent with the City's filmre General Plan, which will be completed in a reasonable time and in accordance with State law. The project, as conditioned, conforms with existing applicable city zoning ordinances and development standards. 2. There is not a likely probability of substantial detriment to, or interference with the City's filmre General Plan, ff the proposed use is ultimately inconsistent with the Plan, since the filmre development of the site will be controlled by a Development Agreement which is consistent with the City's policies for the new General Plan. 3. The proposed use or action as conditioned complies with State planning and zoning laws. Reference local Ordinances No. 348,460; and California Governmental Cede Sections 65000-66009 (Planning and Zoning Law). health or welfare. The project as designed and conditioned will not adversely affect the public S\STAFFRPT~7:II4TTM.PC yew 15 5. The project is compatible with surrounding land uses since the proposal will not have a negative impact on the existing school sites to the east and west and the existing and proposed single-family dwellings to the north and south. 6. The project has acceptable access to dedicated fights-of-way which are open to, and useable by, vehicular traffic. The project draws access from Pauba Road and Raneho Vista Road, improved dedicated City rights-of-way. Project access, as designed and conditioned, conforms with applicable City Engineering standards and ordinances. 7, The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Environmental Analysis for this project. 8, Said findings are supported by minutes, maps, exhibits and environmental documents associated with this application and heroin incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. F. As conditioned pursuant to SECTION Ill, the Paw~l Map proposed is compatible with the health, safety and welfare of the community. Section 2. Environmental Compliance. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment with the incorporation of the mitigation measures into the project design, and a Negative Declaration, is hereby granted. Section 3. Conditions. That the City of Temecuia Planning Commission hereby recommends approval of Development Agreement 92-1, Change of Zone No. 21, and Tentative Parcel Map No. 27314, Amendment No. 2 located at north of Pauba Road, south of Rancho Vista Road and east of the Temecula Valley High School subject to the foliowing conditions: A. Attachment No. 3, attached hereto. Section 4. PASSED, APPROVED AND ADOPTED this 17th day of August, 1992. JOHN E. HOAGLAND C~ SXSTAI~glUr/~7314TTM.PC vgw 16 I HF, REBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 17th day of August, 1992 by the following vote of the Commission: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: S\$TAFFRFrX27314TTM.PC vgw 17 ATrACHMF-NT NO. 2 ORDINANCES S\STAFFRF'I'X27314'FFM.PC vgw 18 DF, LETED BY STAFF ATIACHMF. ZqT NO. 3 CONDITIONS OF APPROVAL S~TA~3|4TrM.PC vgw 19 CITY OF-r~aVlECULA CONDITIONS OF APPROVAL Tentative Par~l Map No: 27314, Amendment No. 2 Project Description: A request to subdivide a 96.9 acre parcel into 4 parcels and a remainder parcel. Assessor's Parcel No.: 946-070-080 The tentative subdivision shnn comply with the Slate of California Subdivision Map Act and to all the requirements of Ordinance 460, unless modified by the conditions listed below. A time extension may be appreved in accordance with the State Map Act and City Ordinance, upon written request, ff made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is 3. Any delinquent property taxes shall be paid prior to recorda~on of the final map. Legal access as required by Ordinance 460 shall be pwvided from the tract map boundary to a City maintained wad. Subdivision phasing, ff applicable, shall be subject to phnning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shah substantially conform to the intent and purpose of the subdivision approval. A Homeowners Association shall be established for maintenance of Open Space/Common Area and the developer/applicant shall pay for all costs reh_ting to establishment of the Homeowners Association. A copy of the final grading plan shall be submitted to the Planning Department for review and appwval. All on-site cut and fill slopas shall: Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of thirty (30) feet. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height. B. Be contour-graded to blend with existing natoral contours. SXSTAFFRPT~27S14TTM.I~C v~w 20 C. Be a part of the downhill lot when within or between individual lots. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan, prepared by a q-ali~ed prOfeSSiOlml, Shall be submitted to the City planning Dep~hucllt for review and approval prior to issuance of building pen'nits. The applicant Shall comply with the environmental health recommendations outlined in the County Health Dcpaulment's transmittill dated July 1, 1992, a copy of which is atlached. 10. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Depamnent's letter dated May 4, 1992, a copy of which is attached. 11. All proposed construction shah comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. 12. The applicant shah comply with the recommendations outlined in the Eastern Municipal Water District transmitlal dated March 12, 1992, a copy of which is attached. 13. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations ate the responsibilities of other parties as approved by the Planning Director. 14. The applicant shall comply with the recommendations outlined in the Rancho Water transminal dated May 7, 1992, a copy of which is attached. 15. The applicant shall comply with the recommendations outlined in the RTA transmittal dated March 2, 1992, a copy of which is attached. 16. The applicant Shall comply with the recommendations outlined in the Temecula Community Services District transmittal dated August 12, 1992, a copy of which is attached. 17. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanen~y fried with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Depa,iment for review and approval. The approved F_.CS Shall be forwarded with copies of the recorded final map to the Planning Department and the Depamnent of Building and Safety. The following notes shall be placed on the Environmental Constraints Sheet: A. This property is located within thirty (30) miles of Mount Palomar Observatory. A fifty (50) foot wide easement shall be recorded on both sides of the wetland habitats as identified in the Biological Report and shall be designated a biological open space. The area within this easement may be incorporated into the design of the golf course. C. Drainage easements shall be kept free of buildings and obstructions. D. The 100-year floodplain area shall be delineated. 18. Prior to the issuance of BU1LDING PERMITS the following conditions shall be satisfied: Prior to the issuance of building permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth herruing, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. Wall plans shall be submitted for the project perimeter and along Margafita Road. Wooden fencing shall not be allowed on the perimeter of the project. All lots with slopes leading down from the lot shall be provided with gates in the wall for maintenance access. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road fight-of-way, they shall be planted outside of the road right-of-way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. S\STAFF~aI4TTM.!aC vgw 22 All existing specimen trees and significant rock outcroppings on the subject property shall be shown on the project's grading plans and shall note those to be removeA, relocated and/or retained. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. 19. Prior m issuance of GRADING PERMITS the following conditions Shall be satisfied: If the project is to be phased, prior to the approval of grading penits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: (1) Techniques which will be ntiliT~:l to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase. All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet in vertical height shall be contour-graded incorporating the following grading techniques: (1) The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. (2) Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. (3) The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. (4) Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Bu~ding and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. 20. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to issuance of grading permits, erosion control landscaping shall be provided consistent with Ordinance No. 457.75. An overall conceptual landscape plan shall be submitted to the Planning Department for approval prior to issuance of any grading permits. This plan shall highlight all the areas which will be landscaped including front yards, slopes within individual lots, common area slopes/open space, goff course, street parkways, etc. Construction landscape plans for each phase shall be submitted for approval to the planning Department prior to issuance of any building permits for that phase. All common area landscaping for each phase shall be installed prior to issuance of the final for any building in that phase. Prior to the issuance of grading permits, a qnali~ed paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist fred the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recove~ of fossils. 21. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. All building plans for all new structures shall incoxporate, all required elements from the subdivision' s approved fire protection plan as approved by the County Fire Marshal. All dwellings to be constructed within this subdivision shall be designed and constructed with fLr~ retardant (Chss A) roofs as approved by the Fire Marshal. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. S\STAFFR,IrI~27314TTM.PC vgw 24 E. Building separation between all buildings including fn~places shall not be less than ton (10) feet. 22. 23. 24. Prior to the issuance of OCCUPANCY PERMHS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Prior to the issuance of an occupancy permit, the applicant shall enter into an agreement with Inland Disposal, Inc., for the refuse service to include the ufiliTation of a small pick-up truck equipped with a lift mechanism in order to move the containers out and back into the project; thus, prohibiting the entering of large refuse trucks into the project. Said agreement shall be submitted to the Planning Director for approval. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an appwval of the City of Temecuh, its advisory agencies, appeal boards or legishtive body concerning Tentative Parcel Map No. 27314, Amendment No. 2, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecuh will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to pwmptly notify the subdivider of any such chim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecuh. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off- site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the mount given in an appraisal report obtained by the developer, at the developer' s cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 25. All utility systems including gas, electric, telephone, water, sewer, and cable TV shah b~ provided for underground, with easements provided as required, and designed and coastmeted in accordance with City Codes and the utility provider. Telephone, cable 26, All utilities, except electrical lines rated 33kv or greater, shall be installed undergroUnd~ 27. The Covenants, Conditions and Restrictions (CC&R's) slmll be reviewed and approved by the Plnnning Department prior to final approval of the tract maps. The CC&R's shal/ include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. 28. No lot or dwelling unit in the development Shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess ali properties in~vidually owned or joinfly owned which have any rights or interest in the use of the common areas and common ~ facilities in tic development; :: such :assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of sakl mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions requhui by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 29. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. 30. Every owner of a dwelling unit or lot shah own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association, owning the conanon areas and facilities. 31. All existing specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or replaced with specimen trees as appwved by the Planning Director. 32. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall &river W the Planning Department a cashleE check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollan ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Twenty-Five Dollar ($25.00) County admlni.qrative fee to enable the City to ~e the Notice of Determination required under Public Resources Code Section 21152 and 26 14 Cal. Cede of Regulations 15075. If within such forty-eight (48) hour peried the applicantJd~vcloper has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). of Fish and Game prior to designing the site plan for the project to mitigate the impacts to the wetlands as identified in the Figu~ 2 of the Biological Report which includes the unvegetated alluvial wash and the Southern Willow Scrub. A proof of this consultation shall be submitted to the plnnnlng Depat~nent along with the Plot Plan or Conditional Use Permit applications. These applications slail not be deemed complete without the proof of consultation with both of these agencies. 34. A full disclosure shall be made to all prospective residents, whether buyers or tenters, that the existing Temecuh Valley'flighiScheol foofoaltstadinm;:tenniscourts and other related facilities will be used extensively for ball games, practices, rock enncens and community activities. These events occur during both the daytime and evening hours and will generate considerable noise and light. The Temecuh Valley Unified School District will not accept responsibility for the impact that these activities may have on the neighboring complexes, nor will any of these conditions be subject to mitigation by the district. The disclosure shall be made at the time of imtinl marketing and through individual grant deeds. The specific form of the disclosure shall be approved by the plnnning Director and the City Attorney prier to issuance of building permits. 35. The proposed project will be impacted by the Tomecub Valley High School stadium noise and light. The following shall be implemented prior to approval of any Hot Plans or Conditional Use Pennks: A noise study shall be submitted. This study shall examine the impact of the stadium on the proposed residences. Mitigation measures shall be included in the study including but not limited to building setbacks from the westerly property line, walls, landscaping, building orientation and building design. These mitigation measures shall reduce the maximum interior noise level to 45 Ldn and the extorior noise level to 65 Ldn. Mitigation measures sludl be incoxporated inw the project design including but not limited to building setbacks from the westerly property line, walls, landscaping, building orientation and building design. These mitigation measures shall reduce the impact to a level of insignificance as determined by the Phnning Director. 36. The entrance gate to the private roads in the multi-family senior complex, ff proposed, shall be setback sufficiently to allow for stacking of cars to avoid blocking the right-of- way. This condition shall be complied with prior to approval of the Plot Plan. 37, A pedestrian friendly circulation system shall be designed to separate the pedemian and auto circuhlions by linking parking lots, building and recreation areas together by accent paving, cross walk.% lighting, landscaping and signage. swr^~'l~sm-m.~c ,~ 27 38. A $400.00 per dwelling unit fire mitigation fee shall be assessed prior to issuance of building permits. 39. The architecture and the landscaping of the project shall take into account the surrounding single-family units and schools and effectively buffer them with landscaping or create a pleasing facade to the neighboring properties especially the single-family units. 40. The development of this project shall comply with Development Agreement No. 92-1. PUBLIC WORKS DEPARTMI*.NT The following are the Depa.hnent of Public Works Conditions of Approval for tiffs project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Subdivider has correctly shown on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PRIOR TO RECORDATION OF THE FINAL MAP: 41. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. 42. As deemed necessary by the Depamnent of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastem Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southern California Gas Company. 43. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as appmved by the Department of Public Works. Pauba Road and Rancho Vista Road shall be improved with a half-width of 32 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No.102, (88'/64'). In the event road or off-site fight-of-way are required to comply with these conditions, such easements shah be obtained by the developer; or, in the event the City is required to condemn the easement or fight-of-way, as provided in the Subdivision Map Act, the developer shall enter into an aS~e, ment with the City for the acquisition of such easement at the developer's cost pursuant to Government Code Section 66462.5, which shah be at no cost to the City. 46. Vehicular access shall be restricted on Pauba Road and Rancho Vista Road and so noted on the final map with the exception of access points and street intersections as shown on the tentative map and as approved by the Department of Public Works. 47. An easement for a joint use driveway between shah be provided between parcels 3 and 4 prior to approval of the Final Map or issuance of building permits, whichever occurs furst. 48. l:~ements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shah be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shah be submitted and recorded as directed by the Department of Public Works. 49. A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CC&R's shah be signed and acknowledged by all parties having any record title interest in the property to be developed, shah make the City a party thereto, and shall be enforceable by the City. The CC&R's shah be reviewed and approved by the City and recorded. The CC&R's shah be subject to the following Engineering conditions: A. The CC&R's shah be prepared at the developer's sole cost and expense. The CC&R's shah be in the form and content approved by the Director of Planning, City Engineer and the City Attorney, and shah include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. The CC&R's and Articles of Incorporation of the Property Owner' s Association are subject to the approval of Planning, Department of Public Works, and the City Attorney. They shah be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&R's Shall provide for the effective establishment, operation, management, use, rapair and maintenance of all common areas, drainage and related facilities. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CC&R's shall provide that ff the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. AH parkways, open areas, onsite slopes and landscaping shall be permanently maimained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to Planning and the Department of Public Works prior to issuance of building permits. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parldng areas shall be provided by CC&R's or by deeds and shall be recorded concurrent with the map, or prior to the issuance of building permit where no map is involved. 50. The subdivider shall construct or post security and an agreement shall be executed guarsnteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, and other traffic control devices as appropriate. B. Storm drain facilities. C. Landscaping (street parkway and slope protection). D. Sewer and domestic water systems. E. Undergrounding of proposed utility distribution lines ff required. 51. The street design and improvement concept of this project shall be coordinated with adjoining developments. 52. Street lights shall be provided along streets adjoining the subject site in accordance with the requirements of Ordinance No. 461 and as approved by the Depaxtment of Public Works. 53. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 54. All street and driveway centerline intersections shah be at 90 degrees or as approved by the Department of Public Works. 55. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Department of Public Works. 56. A minimum centerline street grade shall be 0.50 percent. 57. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207A and 401 (curb sidewalk). 58. The subdivider shall submit two (2) prints of a comprehensive grading plan to the Department of Public Works either prior to recordation of the fmal map or prior to grading permit. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. 59. A geological report shall be prepared by a qualified engineer or geologist and submitted as directed by the Department of Public Works at the time of application for grading plan check. 60. The subdivider shah submit two (2) copies of a soils ~=port to the Department of Public Works at the time of application for grading plan check. The report shah address the soils stability and geological conditions of the site. 61. A drainage study shah be submitted to and approved by the Department of Public Works. All drainage facilities shah be installed as required by the Depaament of Public Works. 62. On-site drainage facilities, located outside of road right-of-way, shah be contained within drainage easements shown on the final map. A note shah be added to the fmal map stating "Drainage easements shah be kept free of buildings and obstruction." 63. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. The subdivider shah protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shah be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. The developer shall record an Environmental Constraint Sheet delineating the area within the 100-year floodplain. 66. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 67. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Rlirnination System CNPDES) penit from the State Water Resources Control Board. No grading shall be permitted until a NPDES clearance is granted or the project is shown to be exempt. 68. Prior to any work being performed in public fight-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. 69. A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road fight-of-way. 70. No grading shall take place prior to all related improvement plans being substantially complete, appropriate clearance letters have been obtained, and approval of the grading plan has been granted by the Department of Public works. 71. If grading is to take place between the months of October and April inclusive, erosion control and runoff mitigation plans will be required. All plans shall be submitted with appropriate notes as directed and approved by the Department of Public Works. 72. Prior to any grading permits being issued a flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District and proof of payment must be submitted to the City prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. 73. A permit from the County Flood Control District is required for work within their fight- of-way. PRIOR TO BUILDING PERNIIT: 74. A precise grading plan shall be submitted to ~e Department of Public Works for review and approval prior to the development of any parcel. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 75. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformante with the approved rough grading plan. 76. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the mount in effect at the time of payment of the fee. If an interim or fmai public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post security to secure payment of the Public Facility fee. The mount of the security shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the mount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 77. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 78. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Traffic control plans shall be provided as directed by the Department of Public Works, and may be required to be prepared by a registered Civil Engineer. Transportation Engineering PRIOR TO RECORDATION OF THE FINAL MAP: 79. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Pauba Road and Rancho Vista Road and shall be included in the street improvement plans. 80. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 81. Bus bays will be pwvided at all existing and future bus stops as determined by the Department of Public Works. s~sr^~,~Pan~Taa4rr~.~c vr~ 33 PRIOR TO THE ISSUANCE OF ANY ENCROACHMRNT PERIV[ITS: 82. A construction area traffic control plan s~hall be designed by a r~gistemd Civil Engineer and approved by the City Engineer for any street closur~ and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 83. All signing and striping shall be installed per the approved signing and striping plan. 84. Landscaping shall be limiteLl in the comer cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance. sxs-r,nm-n2n,~'r,~.~c v~ 34 CITY OF TEMECULA 45174 Business Park Drive Temecula, CA 92590 ATTN: Saied Naaseh: RE: TENTATIVE TRACT MAP NO. 27314: BEING A PORTION OF THE RANCHO TEMECULA, AS GRANTED BY U.S. GOVERNMENT TO LUIS VIGNES BY PATENT DATED 1--18-1960, AS SHOWN BY LIBER 1, PAGE 57, RECORDS OF SAN DIEGO COUNTY, AN PARCELS 1,2,&3 OF PARCEL; MAP B3/97-100 RECORDS OF RIVERSIDE COUNTY, LOCATED IN THE CITY OF TEMECULA, CALIPORNIA. (4 LOTS) Dear Gentlemen: The Department of Environmental Health has reviewed Tentative Tract Map No. 27514 and recommends: A water system shall be installed according to plans and specifications as approved by the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet, along with the original drawing to the County Surveyor. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and General Order No. 105 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in Tract Map 27514 is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such Tract Map." City of Temecula Page Two Attn: Saied Naaseh July 1, 1992 This certification does not constitute a guarantee that it will supply water to such Tract Map at any specific quantities, flows or pressures for fire protection or any other purpose". This certification shall be signed by a responsible official of the water company. The plans must be submitted to The County Surveyor's Office to review at least two weeks prior to the reOuest for the recordation of the final maD. This subdivision has a statement from Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for financial arrangements to be made prior to the recordation of the final map. This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the County Surveyor and the Health Department. PeFmanent prints of the plans of the sewer system shall be submitted in tFiplicate, along with the original drawing, to the County Surveyor. The prints shall show the internal pipe diameter, specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and water lines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registeFed engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tract Map No. 27514 is in accordance with the sewe~ system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to t~eat the anticipated wastes from the proposed Tract Map." City of Temecula Page Three Attn: Saied Naaseh July 1, 1992 The plans must be submitted to the Count~ Surve~or's Office to review at least two weeks prior to the reOuest for the recordation of the final map. It will be necessary for financial arrangements to be completely finalized prior to recordation of the final map. It will b~ necessary for the annexation proceedings to be completely finalized prior to the recordation of the final map. Sincerely, ~S~2~.H.S. IV Department of Environmental Health SM:dr RIVERSIDE COUNTY FIRE DEPARTMENT 210 WEST SAN JACINTO AVENUE * PERRIS, CALIFORNIA 9237U (714) 657-3183 GLEN J. NEWMAN FIRE CHIEF MAY 4, 1992 TO; ATTEN; RE: CITY OF TEMECULA PLANNING DEPARTMENT TENTATIVE TRACT 27514 CHANGE OF ZONE No. 21 AMENDED No. I With reseect to the review and/or approval of the above refer- enced project, the Fire Debartment has no comments or conditions regarding the tract map and will address all necessary Fire Protection measures when the plot plan or project developement plan is reviewed. All questions regarding the meaning of conditions shall be re- ferred to the Planning and Engineering Staff. RAYMOND H. REGIS Chief Fire Department Planner by ~~9 Michael E. Gray, Fire Captain Specialist FI INDIO OffiCE 79-733 ~Club Dti~r, Su~F, Ir~o, CA 922OI (619) 342-8886 e FAX (619) 775-2072 PLANNING DIVISION 71 RIVERS]~ OFRCE 3760 12th ~,..~, Ri~nidc, CA 92501 (714) 275-4777 · FAX (714) 369-7451 March 12, lg92 (Date) Riverside County Health Department c/o Albert A. Webb Associates 3788 McCray Street Riverside, CA 92506 Gentlemen: Re: Availability of Sanitary Sewer Service for ECEIVED Tentative Parcel Map 27314 We hereby advise you relative to the availability of sanitary sewer service for the above referenced proposed development as follows: The property to be occupied by the subject proposed development: IS PRESENTLY LOCAllED within the boundary lines of this District's )mprovement District No. U-8 and is eligible to receive sanitary sewer service, NUST BE ANNEXED to this District's Improvement District No. /. / following which it will be eligible to receive sanitary service, sewer provided: 1) IgJS'T BE INCLUDED in a new District improvement district, assess- ment district or other program to be formed and implemented for the purpose of providing santtary sewer facilities and service for the general area within which this proposed development is located, following which it will be eligible to receive sanitary sewer service, The developer completes all necessary financial and other arrangements therefore, as determined by the District, with the District by Sectember 1993 ; 2) That no LIMITING CONDITIONS exist which ARE BEYOND this DISTRICT'S CONTROL or fANNOT BE COST EFFECTIVELY and/Or reasonably satisfied ~"'{~'Dtstrict, which conditions may include but are not limited to, acts of God, REGULATORY AGENCY REQUIRENENT$ or decisions, or legal actions initiated by others; If you have any questions or conxnents regarding the foregoing, do not hesitate to contact this office. Assistant Director of Customer Service Mail %: P,s~ OHice Rnx 8~,00 , Sun.lacintl:. Glifurnia 92581 .~'~()O · Telephune t714} 925-7676 , Fax 17 t.h 929-02~7 M:fin Office: .'O.i.'3 S. San .Judmo Street. ~nJacinm · Cu.itlm~er .%n'k~,Engineering Annex:: 1-10 E. 0ukl;md Avenue. H~rnet. CA 3LIL 22 "98 16:47 WE~: A550C. FOR DISTRICT USE ONL } 1. Names and Addresses of Involved Parties: Involvement Name Owner of Property Linfield School Address 31950 Pauba Road Temecula, CA 92590 Developer Developer's Engineer Albert A. Webb Assoc. 3788 McCray Street Riverside, CA 92B05 General Location of the involved property: North side of Pauba Road. West of Kai~;~ P~kw~y Brief legal description of the involved property: Tentative E~J~rJ1 HaD 27314 4. Number of proposed lots/parcels 4 Parcels 5. Estimated number of dwelling units (or equivalent) 6, Other pertinent information Zoned Senior Citizen, Convalei$ent 7. Small scale map of the subject proposed development Area 96.7 fin acres) Water May 7, 1992 Mr. Saied Naaseh City of Temecula Planning Department 43180 Business Park Drive Temecula, CA 92390 St IBJECI': Water Availability Tentative Tract Map 27314 Change of Zone 21 Dear Mr. Naaseh: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact Ms. Senga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P. E. Manager of Development Engineering SB:aj162/F186 cc: Senga Doherty, Engineering Technician 1992 RIVERSIDE TRANSIT AGENCY 1825 THIRD STREET · RIVERSIDE, CA 92507-3484 · BUS. [714} 684-0850 FAX (714] 684-10(:37 March 2, 1992 Saied Naaseh City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 RE: TT 27314 Dear Saied: We do not currently provide service to the site mentioned above but based on the size of the project and our own plans for future growth, we are requesting that a bus turnout or a pad for a bus stop be incorporated into the general design. Ideal site for the bus turnout would be on nodhside corner of Pauba Road adjacent to Parcel 3 just before main entrance to the senior citizen housing. If possible, we would also like to request that pedestrian walkways and wheelchair curb be provided near the tumout location specified above. I can indicate the exact location for the turnout as the project progresses. Thank you for the opportunity to review and cemrnent on this project. Your efforts to keep us updated on the status of this request will be very much appreciated. Please let us know when this project will be completed. Should you require additional information or specifications, please don't hesitate to cornact me. Sincerely, Barbara A. Bray Transit Planner BB/jsc PDEV #151 TO: FROM: DATE: REFERENCE: SAr~.r~ NAASEH SHAWN NELSON ~ DIRECTOR OF COMMUNITY SERVICES AUGUST 12, 1992 TENTATIVE TRACT NO. 27314, AMENDMENT NO.2 The Temecula Community Services District (TCSD) staff has reviewed the conditions as set forth in the City of Temecula Conditions of Approval and recommends APPROVAL of Tentative Tract Map No. 27314, Amendment No. 2, subject to the developer or his assignee conforming to the TCSD Quimby Ordinance No.' 460.93 as attached. All questions regarding the meaning of the attached conditions shall be referred to the TCSD. cc: Gary King Beryl Yasinosky Debbie Ubnoske TEMECULA COMMUNITY SERVICES DISTRICT Prior to the recordation of the final map, the applicant or his assignee, shall offer for dedication 2.3 acres of parkland and execute a Letter of Agreement with the TCSD, to construct a Senior Center Facility and required parking in accordance with City Standards and the Development Agreement. All proposed slopes, open space, and parkland intended for dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to identify said lot numbers as a proposed TCSD maintenance areas. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or greater), shall be offered for dedication to the TCSD for maintenance purposes foliowing compliance to existing City Standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (I-IOA). ATTACHMENT NO. 4 ~ITS CITY OF TEMECULA V'IC II',,.IITY MAFp CASE NO.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 EXHIBIT: A VICINITY MAP P.C. DATE: August 3, 1992 C ;ITE ) SWAP - Exhibit B CITY OF TEMECULA IITA Designation: I Acre Minimm Residential :SITE ZONING - Exhibit C Designation: R-R Case No.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 P.C. Date: August 3, 1992 CITY OF TEMECULA ~oo ~oo ~oo CASE NO.: Development Agreement No. 92-1, Change of Zone No. :21, Tentative Parcel Map No. 27314, Amendment No. 2 EXHIBIT: D CONCEPTUAl, SITE PLAN P.C. DATE: August 3, 1992 CITY OF TEMECULA GENEfiAL NOTES CASE NO.: Development Agreement No. 92-1, Change of Zone No, 21, Tentative Parcd Map No. 27314, Amendment No. 2 EXHIBIT: E TENTATIVE PARCEL MAP NO. 27314, AIVIF~ND. NO. P.C. DATE: August 3, 1992 CITY OF TEMECULA GENERAL NOTES £.E-,;.-.:~,,~. ..... / \ CASE NO.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 EXRmIT: F CHANGE OF ZONE NO. ~Zl p.C. DATE; August 3, 1992 CITY OF TEMECULA Independant Living Units Linfield Village CASE NO.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 EXHIRIT: G1 CONCEPTUAL ELEVATIONS P.C. DATE: .August 3, 1992 "' m CITY OF TEMECULA Congragate Care Facilities Linfield Village CASE NO.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 EXIHRIT: G2 CONCEPTUAl- ELEVATIONS P.C. DATE: August 3, 1992 CITY OF TEMECULA Independant Living Units Linfield Village CASE NO.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 EXHIBIT: G3 CONCEPTUAl, ELEVATIONS P.C. DATE: August 3, 1992 ATTACItMENT NO. $ INITIAL ENVIRONMENTAL STUDY S',STAFFRPT~27~14~'*FI~,PC v~,~' 3~ CITY OF TEMECULA PLANNING DEPARTMENT INIT~kL ENVIRONMENTAL STUDY II BACKGROUND Name of Proponent: Address and Phone Number of Proponent: Lin~eld Christian School 31950 Pauba Road Tem~cula. CA 92592 3. Date of Environmental Assessment: 4. Agency Requiring Assessment: June 20. 1992 CITY OF TEMECULA 5. Name of Proposal, if applicable: 6. Location of Proposal: N/A Surrounded by Pauba Road to the south and Rancho Vista Road to the north and 700 feet east of MarEarita Road ENVIRONMENTAL IMPACTS (Explanations of all answers are provided on attached sheets.) Yes Maybe N__o 1. Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic substructures? Disruptions, displacements, compac- tion or overcovering of the soil? Substantial change in topography or ground surface relief features7 The destruction, covering or modi- fication of any unique geologic or physical features? SXSTAI~!~BT/Sl4~rM.PC v~w 37 Any substantial increase in wind or water erosion of soils, either on or off site? Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? b. The CreatiOn of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoffT. Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? YeS Maybe N__Q X X X X X _ _ X S',STAF~RFI~'I314TTI~.]DC vgW 38 Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or mrbidity? Alteration of the direction or rate of flow of ground waters? Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the mount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Plant Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, or endangered species of plants? Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Substantial reduction in acreage of any agricultural crop? Yes Maybe No X X X X X X X 10. .Anlnla] Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? Reduction of the numbers of any unique, rare or endangered species of shimhiS? Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a. Increases in existing noise levels? Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticicles, chemicals or radiation) in the event of an accident or upset conditions? Yes Maybe N._.~o X X X X X X X X 11. 12. 13. 14. Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? Effects on existing parking facili- ties, or demand for new parking? Substantial impact upon existing transportation systems? d, Alterations to present patterns of circulation or movement of people and/or goods? Alterations to waterborne, rail or air traffic? Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? Yes Maybe N._q X X X X X X X X S~$TAFFRP'r~314TTM.PC v~w 41 15. 16. 17. 18. e. Maintenance of public facilities, including roads? f. Other governmental services: EnergN. Will the proposal result in: a. Use of substantial amounts of fual or energy? b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? Human Health, Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Yes Maybe No X X 19. 20. 21. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Cultural Resources. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? Mandatory Findings of Significance. Does the project have the potential to degrade the quality 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 or eliminate important examples of the major periods of California history or 'prehistory? Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future.) Yes Maybe N__o X X X X X gx, gTAFFRF'B27314qTYM.PC vlw 43 Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the wtal of those impacts on the environment is significant.) Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? Yes Maybe No HI DISCUSSION OF THE ENVIRONMENTAL EVALUATION 1.b. 1 .c.d. 1.e. 1.f. 1.g. Air 2.b. No. The proposed project is not anticipated to cause changes in geologic substructures and create unstable earth conditions. Since this approval does not provide entitlements for structures, no mitigation measures are necessary at this point. However, the Public Works Depanmant is responsible for implementation of necessary mitigation measures prior to issuance of grading permits to insure stable earth conditions for the project. Yes. The approval of this project will not cause disruptions, displacements, compaction or overcovering of the soil. The ultimate development of this site will eventually cause these conditions. However, these conditions will not cause a substantial impact on the environment as no substantial changes in topography are necessary. No. The project site does not contain unique geologic or physical features as determined by a site inspection. Therefore, no substantial changes in topography or ground surface relief features will result. There is no substantial environmental impact. Maybe. The ultimate buildout of the project may result in wind and water erosion of soils as a result of grading. However, standard mitigation measures during the grading stage including watering the disturbed areas to prevent dust and proper erosion control during and after the grading will reduce the impacts to a level of insignificance. No. The site drainage for this project will be channeled through existing improvements and the runoff from this project is not anticipated to cause any offsite erosion. No significant impacts are anticipated. No. The project site is not located in an earthquake, landslide, mudslide, ground failure hazard zones as determined in the Southwest Area Plan (SWAP). No significant impacts are anticipated. No. The construction equipment associated with the construction of the project and the traffic generated by the ultimate residents and user's of the project are the major contributors to air emissions. However, these impacts are not considered significant since the construction is for a limited time only and the traffic generated from a senior housing project is not significant. No. Objectionable odors are usually associated with commercial and industrial uses. Since this project is exclusively residential in natore there are no significant impacts. Water 3.a. 3.b. 3.d. 3.e. 3.g. 3.h. 3.i. No. Due to the size of the project site and its location within the South Coast Air Basin, the alteration of air movements, moisture or temperature, or any change in climate would not occur in conjunction with the ultimate development of the proposed project. No significant impacts are anticipated. No. The ultimate development of the proposed project will not result in increased storm water flows in any marine or fresh waters. No significant impacts are anticipated. Yes. By covering the project site with concrete, asphalt and landscaping, the absorption rate of the site under existing conditions would be reduced and the mount of surface runoff would be increased. The existing 120 inch storm drain is sufficient to carry this runoff; therefore, no significant impacts are anticipated. Maybe. The ultimate buildout of the project will result in construction of dwelling units in the flood plain. The pads for these dwellings will be elevated above the flood plain. No significant impacts are anticipated to the course or flow of flood waters. No. The construction of impervious surfaces on the project site will not substantially alter the existing drainage patterns nor proposed drainage patterns because of the size and location of the project. No significant impacts are anticipated. No. Stormwater runoff and possibly irrigation runoff from the proposed project would ultimately flow into the Santa Margarita River. Runoff pollutants will be typical of those of urbnnized areas, including motor oil, pesticides, berbicides and fertilizers. This impact will be mitigated by the clearance issued by the State Water Resources Control Board. This clearance will insure compliance with the National Pollutant Discharge Elimination System (NPDES). No significant impacts are anticipated. No. The runoff from the 'project is conveyed to Murrieta and Temecula Creeks which flow into the Santa Margarita River. Both Murrieta and Temecula Creeks and the Santa Margarita River recharge the ground water in the Murrieta-Temecula basin. The runoff from this project is not anticipated to change the direction or rate of flow of ground waters. No significant impacts are anticipamd. No. The project site is within Rancho Water District and will not draw from the ground water for their everyday use. Therefore, no significant impacts are anticipated. No. Rancho Water District has indicated the availability of Water to serve this project. Therefore, there is no potential for substantial reduction in the availability of water. No. significant impacts are anticipated. Maybe. A portion of the project site is within the flood plain. However, the project will be conditioned to constract the dwelling units above the flood plain limit per the FEMA standards which will mitigate any impacts to people and property from water related hazards such as flooding. No significant impacts are anticipated. S\$TAFFRPT~27314TI'M.PC vgw 46 Plant Life 4.b.c. Animal Life 5.a. 5.b. 5.c. Noise 6.a. 6.b. Yes. The Biological Assessment prepared for the project site determined existence of Non-U.S. waters wetland on the site. The project is conditioned for preserving this weftand by requiring a fifty (50) foot easement on each side of the weftands thereby preserving the wedands which will be incorporated into the design of the golf course. The project in general will introduce new species of plants and will eliminate the native plants present at this time. However, none of the existing species are considered sensitive. No significant impacts are anticipated. No. The proposed project will not reduce the numbers of any unique, rare, or endangered species of plants as determined by the Biological Assessment. The project site is not presently being used for agricultural purposes; therefore, no significant impacts are anticipated. Maybe. The ultimate development of the site may eliminate some of the native animals on the site however, some may survive in an urban enviwnment. The only additions to the animal life are expected to be household pets. The impact of this development is not considered significant for this category. No. The biological study recommended a focused K-Rat survey which identified no Steven's Kangaroo Rats on the site. No other sensitive or endangered species were identified on the site by the biological study. Therefore, no significant impacts are anticipated. No. Since there is no significant habitat for any sensitive species other than the weftand there is no significant impact. The wetlands will be protected by two fifty (50) foot easements and will be incorporated inW the design of the golf course. No. The ultimate development of the site will not significantly increase the existing noise levels. The short term impacts are associated with the construction of the project and the long term impacts will mostly result from the traffic generated by this project. Due to the size and location of this project these impacts are not considered significant. Maybe. The proposed project abuts an existing high school stadium. The noise generated from this stadium is expected to impact at least a portion of the senior housing project. Since the exact location and type of the dwelling units is not known at this time, a detailed noise study will be required to mitigate the impacts of the stadium noise on this project. The mitigation measures may include building orientation, design features, landscaping, etc. No significant impacts are anticipated. SXSTAFFRFI127314TTM.PC vgw 47 Light and Glare No. The project will not result in a significant increase in the light and glare of the area. Furthermore, the project will be conditioned to comply with Mt. Palomar lighting requirements. All lights will be conditioned to be directed on site, therefore, reducing the impact on the neighboring properties to a level of insignificance. The light and glare produced from the high school stadium will impact this project which has bean conditioned to deal with this impact. The conditions will be enforced at the plot plan stage and include building orientation, building design, setbacks, etc. Land Use Yes. This project includes a zone change from R-R to R-3. The R-R zoning designation permits low density single family development with minimum .5 acre lots and a variety of commercial uses. The R-3 zoning designation will create high density senior housing and the supporting uses which w~l be dictated by the Development Agreement. This change will not result in a significant impact because of the low impact nature of senior housing. Natural Resources 9.a.b. No. Implementation of the proposed project would increase the rate of consumption of both renewable and noRRenewable natural resouRces during construction and project operation. Natoral resources consumed during construction would be aggregate materials, timber, and energy resources for on-site construction equipment and for transport vehicles which would bring supplies to the site. At build out, energy resources required during project operation would include gasoline, natural gas for heating and cooling, electricity for lighting, and appliances. As all of these resources are readily available commercially, the proposed project would not have a significant impact on natural resources. Risk of Upset 10.a. No. The proposed project is residential in nature and it is not expected to house any material with the potential for an explosion or the release of hazardous substance. The gasoline in the tanks of the residents' and the visitors' cars and the pesticides used for maintenance of the landscaping are not expected to create significant impacts. 10.b. No. The proposed project will be reviewed by the Fire Department at the Plot Plan stage; therefore, all response time and emergency vehicle tornarounds will be e:~amined at that stage. No significant impacts are anticipated. s~r~a~rr~Ta~4~ru.yc ,,p, 48 POpulation ll.a. No. The ultimate build out of the project will increase the senior citizen population in the project vicinity. This increase could be in the form of out of wwn residents moving inw the city, relocation of Temecula residents in the area or a combination of the two. This impact is not expected to be significant. Housina 12. Yes. This project will have a positive impact on the housing in the region since it will provide additional housing for senior citizens. No negative significant impact is anticipated. Transportation/Circulation 13.a.c. Maybe. The project will generate approximately 1,610 daily vehicle trips, 130 of which are expected to occur during the evening peak hour. According to the traffic study, the major interseaions impacted by this project will operate at Level of Service C or better. No significant impacts are anticipated since mitigation measures have been incorporated into the project. These mitigation measures include improving Pauba Road and Rancho Vista Road bordering the project to their ultimate half-section widths as secondary highways (88 feet right-of-way) in conjunction with development. A painted median with left tom pockets will. be provided for traffic on Rancho Vista Road and on Panba Road desiring to torn left into the project entrances. The project will be required to participate in the flitore construction of off-site capital improvements through established procedures. 13.b. No. The project will not create additional demand on erAsting parking facilities since the proper number of parking spaces will be provided for the site as required by Ordinance No. 348. Therefore, no significant impacts are anticipated. 13.d. No. The development of this project will not cause any alterations to present patterns of circulation or movement of people and/ur goods since the major roads are already established in the vicinity of the project. Therefore, no significant impacts are anticipated. 13.e. No. This project will not cause alterations to waterborne, rail or air traffic due to the nature of the project, its geographic location, and local transportation system. Therefore, no significant impacts are anticipated. 13.f. Maybe. Project-related traffic could create new traffic hazards to motor vehicles, bicyclists, and pedestrians, both on and off the project site. Points of conflict would be created as a result of additional points of ingress and egress along Pauba Road and Rancho Vista Road. Internal circulation patterns could also result in potential hazards to pedestrians. S\STAFFRF'r~7314TTM,it~C vg~t 49 The following measures need to be incorporated into the project design to reduce the impacts of the project W an insignificant level: The gate for the pwposed senior housing should be setback from the Right-of- Way to allow for propar StaCking Of cars behind the gate. Vehicular and pedestrian entries to the project should be clearly identifiable to visitors through the use of signage, hardscaping and landscaping. Circulation within the site should be designed to minimize conflicts between auWmobiles and pedestrians. A pedestrian friendly design needs to be incorporated into the project design providing adequate pedestrian circulation. Accent paving, crosswalks, landscaped walkways and adequate lighting should be used to identify and enhance pedeslrian walks. Consideration should be given to providing safe pedestrian access through parking areas and from the public street walkways to building entrances. Public Services 14.a. No. Mitigation fee of $400.00 dollars for each unit will be collected to mitigate the impacts of this development on Fire Service. The Fire Deparunent will review the Plot Plan for this project to insure adequate service. No significant impacts are anticipated. 14.b. No. The City of Temecula is contracting through the Riverside County Sheriff's Department for law enforcement services. This contract provides for thirty-one sworn officers and seven non-sworn officers. Additional services are provided to the City through various divisions within the Sheriffs Department. The average response time for priority one calls is 6.5 minutes and according to the Sheriffs Department this response time is well within industry standards for adequate service levels. The City intends to maintain a ratio of 1 officer per 1,000 residents. No significant impacts are anticipated. 14.c. No. The proposed project is an exclusively senior housing project No school aged children are anticipated to be generated from ~his project. No significant impacts are anticipamd. 14.d. No. The proposed project will include a private golf course and other active amenities. A senior center might also be a part of this project which will create new activities for the residents. No significant impacts are anticipated. 14.e. No. The project will cause increased traffic on city streets; however, this is not considered a significant impact (refer to No. 13). S~STA~Q7314'rrlvLI'C vgw 50 14.f. Maybe. The future project residents will be using governmental services such as libraries; however, a $100.00 per dwelling unit mitigation fee imposed on this project will mitigate the impact. No significant impacts are anticipated. Energy 15.a.b. No. The implementation of the proposed project would increase the rate of consumption of fuel and other energy resources. During construction, construction equipment would be consuming energy resources. At buildout, energy resources would be required during project operation, such as gasoline, natural gas and electricity. However, the proposed project would not result in the use of substantial amounts of fuel or energy which are commercially abundant. No significant impacts are anticipated. Utilities 16.a.b.c. d.e.f. No. All the utilities and services are within close proximity to the project site and will be extended to the project site with agreements between the developer end the individual agencies. No significant impacts are anticipated. Human Health 17.a.b. No. The nature of the proposed uses permitted on the project site is not such that they would create potential health hazards. No significant impacts are anticipated. Aesthetics 18. Maybe. The project will go through further review in terms of architecture and landscaping when a Plot Plan application is filed. All aesthetics issues will be dealt with at that stage. At that time close attention shall be given to the impacts, if any, to the existing single family dwellings to the north of the project site and the existing schools on the west and east of the site. No significant impacts are anticipated. Recreation 19. Yes. The proposed project will include a private golf course and other active emenities. A senior center may also be a part of this project which will create new activities for the residents. These impacts are considered positive and will not cause significant negative impacts. Cultural Resources 20.a.b.c.d. No. The proposed project will not have a significant impact on prehistoric or historic cultural resources according to the University of California Eastern Information Center. This conclusion was- made upon completion of a Phase I study. A condition will be imposed on the project to have a qualified archaeologist present at the time of grading as required by the Eastern Information Center. ENVIRONMENTAL DET~ATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I f'md that although the proposed project could have a signi- ticant effect on the environment, there will not be a signi- ticant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. June 25. 1992 Date I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL hMPACT REPORT is required. For CITY OF TEMECULA ATTACHMENT NO. 6 DEVELOPMENT AGREENrENT SXSTAFFRFI'X2~314TTIvI.I~3 v~,mv 53 RECORDED AT THE REQUEST OF City Clerk City of Temecula WHEN RECORDED RETURN TO City Clerk City of Temecula 43174 Business Park Drive Temecula, CA 92590 RECEIVED J U L 3 0 1992 And ............ DEVELOPMENT I%GREEMENT BETWEEN CITY OF TENECULA and THE LINFIELD SCHOOL '4,5 ~7/27192) ANNEXATION AND DEVELOPMENT AOREEMENT BETWEEN CITY OF TEMECULA and THE LINFIELD SCHOOL This Development ("Agreement") is entered into to be effective on the date it is recorded with the Riverside County Recorder (the "Effective Date") by and among the City of Temecula, a California municipal corporation ("City") and the persons and entities listed below ("Owner"): THE LINFIELD SCHOOL RECITALS A. The legislature of the State of California has adopted California Government Code Section 65864-65869.5 ("Development Agreement Legislation") which authorizes a city to enter into a binding development agreement with persons having legal or equitable interests in real property located within a city's municipal boundaries for the development of such property. B. Legislation, 91-52, City Pursuant and subject to the Development Agreement the City's police powers and City Resolution No. is authorized to enter into binding agreements with persons having legal or equitable interest in real property located within the City's municipal boundaries under which such property may be developed in the City. C. In lieu of obtaining approval of a Specific Plan for the development of the Property, Owner has requested City to consider entering into a development agreement relating to the Property. D. By electing to enter into this Agreement, City shall bind future members of the City Council of City by the obligations specified herein and further limit the future 14~74.S g~7/9~) '1-- exercise Of certain governmental and proprietary powers of and members of the City Council. E. The terms and conditions of this Agreement have undergone extensive review by the staff of the City and the City Council of City and have been found to be fair, just and reasonable. F. City finds and determines that it will be in the best interests of its citizens and the public health, safety and welfare will be served by entering into this Agreement. G. All of the procedures of the California Environmental Quality Act have been met with respect to this Agreement. H. City was incorporated on December 1, 1989. Pursuant to California Government Code Sections 65360 and 65361, the City has forty-two (42) months following incorporation to prepare and adopt a general plan. During this 42-month period, the City may approve development projects without being subject to the requirement that its decisions be consistent with the general plan so long as the findings set forth in Section 65360 and the conditions of approval of the California Office Of Planning and Research are met. I. Pursuant to city Ordinance No. 90-4, the City has adopted the County of Riverside's land use, subdivision and mitigation fee ordinances as amended by City Ordinance Nos. 90-05 through 92-15. Pursuant to City Resolution No. 90-31, the City has adopted the Riverside County Southwest Area Community Plan ("SWAP"), as a planning guideline during the preparation of the City's General Plan. J. The City Council of City hereby finds and determines that: (1) The City is proceeding in a timely fashion with the preparation of its general plan. (2) There is a reasonable probability that the Project will be consistent with the general plan proposal presently being considered. ,4 .s Gin/92) -- 2 -- (3) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the Project is ultimately inconsistent with the plan. (4) The Project complies with all other applicable requirements of state law and local ordinances. K. Owner is the fee owner of a ninety-six and nine- tenths (96.9) acre parcel of undeveloped land located South of Rancho Vista Road, east of Temecula Valley High School and north of Pauba Road, hereinafter referred to as the "Property" as described in Exhibit "A" attached hereto and made a part herein by this reference. This Agreement applies to the development of a forty-eight and three-tenths (48.3) acre portion of the Property, comprised of Lots 1-4 of Tentative Parcel Map No. 27314. L. City and Owner desire that the Property be developed as a Senior Citizen Housing Development as further described herein. M. The City Council of City hereby finds and determines that: (1) The environmental impacts of this Agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City approvals for the Project. (2) No other mitigation measures for environmental impacts created by the Project, as presently approved shall be required for development of the Project unless mandated by law. (3) City may, pursuant to and in accordance with its rules, regulations, and ordinances, conduct an environmental review of subsequent discretionary entitlements for the development of the Property or any changes, amendments, or modifications to the Property. The i4g74.s C;/'/7/9~, -3 - City, as a result of such review, may impose additional measures (or conditions) to mitigate as permitted by law the adverse environmental impacts of such development entitlement which were not considered or mitigated at the time of approval of the Project. N. Within forty-eight (48) hours of the effective date of this Agreement, Owner shall deliver to the Planning department a check payable to the County Clerk in the amount of one Thousand Two Hundred Seventy-Five Dollars (1,275.00), which includes the One Thousand Two Hundred Fifty Dollars ($1,250.00) fee required by Fish and Game Code Section 711.4(d)(2) plus the Twenty-Five Dollar ($25.00) county administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the Owner has not delivered to the Planning Department the check required above, this Agreement shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). O. City Council of City has approved this Agreement by Ordinance No. __ adopted on , 1992, and effective on , 1992. NOW, THEREFORE, in consideration of the above Recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree: 1. Definitions. In this Agreement, unless the context otherwise requires: (a) "Congregate Care Facility" is a congregate care residential facility developed pursuant to Riverside County Ordinance No. 460, and Sections 8.1, 8.2, 19.101, 19.102 and 19.103 of Riverside County Ordinance No. 348. (b) "City" is the City of Temecula. 1.5 0/27/92) -4- (c) "Development Approvals" means all those discretionary land use entitlements necessary to develop the Property, including, but not limited to, zoning changes, tentative subdivision maps, plot plans, and conditional use permits. (d) "Development Exaction" means any requirement of City in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. (e) "Development Plan" means the development of the Property as depicted in Exhibit G. (f) "Existing Development Approvals" means those certain Development Approvals in effect as of the effective date of this Agreement with respect to the Property, including, without limitation, the "Existing Development Approvals" listed in Exhibit B which were approved by the City of Temecula. (g) "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of City, governing the development and use of land including without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the Property which are a matter of public record on the Effective Date of this Agreement. "Land Use Regulations" does not include any County or City ordinance, resolution, code, rule, regulation, or official policy, governing: (1) and occupations; (2) (3) The conduct of businesses, professions, Taxes and assessments; The control and abatement of nuisances; 14874,50r/7~) -- 5 -- (4) The granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (5) The exercise of the power of eminent domain. (h) "Senior Citizen Housing Development" means a multi-family development intended for persons 55 years of age or older, as further defined at California Civil Code Section 51.3. (i) "Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with development of the Property. (j) "Project" is the development of the Property with the following specific uses: (i) multifamily senior housing complex; (ii) congregate care facility; (iii) skilled nursing facility; (iv) personal care facility, and (v) Seniors' Community Center; and (vi) a nine (9) hole private golf course. (k) "Owner" means the person having a legal interest in the Property; (1) "Subsequent Land Use Regulation" means any Land Use Regulation adopted and effective after the Effective Date of this Agreement. (m) "Property" is the real property referred to in Exhibit "A". 2. Interest of Owner. Owner represents that he has a legal interest in the Property and that all other persons holding legal or equitable interests in the Property are to be bound by this Agreement. 3. Exhibits. The following documents are referred to in this Agreement, attached hereto and made a part hereof by this reference: ~ .S (712719~) -- 6 -- Exhibit Designation Referred to in Paragraph DescriPtion A Legal Description of the K Property B Existing Development l(f), 15.2 Approvals C Development Schedule 9, 10 D Public Facility Fee 14.2 Agreement E Fee Credit 14.3 F Deed Restriction 10 G Development Plan 9 4. Term. (a) The term of this Agreement shall commence on the Effective Date and shall extend for a period of fifteen (15) years thereafter, unless this Agreement is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto. (b) Should the Owner: (i) fail to obtain all Subsequent Development Approvals to develop and complete the Project, or (ii) breach the Development Schedule, Owner agrees to City amending the land use designation to Low Medium Density Residential or Institutional, and amending the zoning to Single Family Residential (R-i). (c) Notwithstanding any other provisions of this Agreement, upon the sale or lease of any lot, dwelling or unit to a member of the public or other ultimate user, this Agreement shall terminate with respect to any such lot, dwelling, unit or space, and such lot, dwelling, unit or space shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: 14874.5 (7/27/9/) -7- (1) The lot has been finally subdivided and individually (and not in "bulk") sold or leased to a member of the public or other ultimate user; and, (2) A Certificate of Occupancy has been issued for a building or the lot, and the fees set forth under Section 14 of this Agreement have been paid. Notwithstanding the sale of any individual lot, dwelling, unit or space as set forth herein, the Owner shall remain liable to perform any and all outstanding obligations, still unperformed or uncompleted at the time of sale, with respect to said lot, dwelling, unit or space required by this Agreement or as a condition of any development approval. The Owner shall condition the sale and deed sufficiently to ensure the completion of said obligations. 5. Assignment. 5.1 Right to Assiun. The Owner shall have the right to sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq., or Riverside County Ordinance No. 460, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04) to any person, partnership, joint venture, firm, or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer, or assignment shall include the assignment and assumption of the rights, duties, and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, transfer, or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer, or assignment of all or a part of the Property. (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, the Owner shall notify City, in writing, of such ~.5 o/~/~) -8- sale, transfer, or assignment and shall provide City with an executed agreement, in a form acceptable to the City Attorney, by the purchaser, transferee, or assignee and providing therein that the purchaser, transferee, or assignee expressly and unconditionally assumes all the duties and obligations of the Owner under this Agreement. Any sale, transfer, or assignment not made in strict compliance with the foregoing conditions shall constitute a default by the Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee, or assignee to execute the agreement required by Paragraph (b) of this Subsection, the burdens of this Agreement shall be binding upon such purchaser, transferee, or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee, or assignee until and unless such agreement is executed. 5.2 Release of Transferring Owner. Notwithstanding any sale, transfer, or assignment, a transferring Owner shall continue to be obligated under this Agreement unless such transferring Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Owner of all of the following conditions: (a) The Owner no longer has a legal or equitable interest in all or any part of the Property except as a beneficiary under a deed of trust. (b) The Owner is not then in default under this Agreement. (c) The Owner has provided City with the notice and executed agreement required under Paragraph (b) of Subsection 5.1 above. (d) The purchaser, transferee, or assignee provides City with security equivalent to any security previously provided by Owner to secure performance of its obligations hereunder. 14974.5 GF27/92) --9' 5.3 Subsequent Assianment. Any subsequent sale, transfer, or assignment after an initial sale, transfer, or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 6. Mortuaaee Protection. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust, or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with the Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Owner shall reimburse City for any and all of City's costs associated with said negotiations, interpretations, and modifications and shall make reimbursement payments to City within thirty (30) days of receipt of an invoice from City. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the Owner in the performance of the Owner's obligations under this Agreement. ~.~7/92) --10-- (c) If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to the Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to the Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Owner's obligations or other affirmative covenants of the Owner hereunder, or to guarantee such performance, provided however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 6.3 of this Agreement. (e) Any Mortgagee who comes into possession of the Property, or any portion thereof, pursuant to subsection (d) above and who elects not to assume the obligations of the Owner set forth herein shall not be entitled to any rights to develop which have or may have vested as a result of this Agreement. 7. Bindin~ Effect of A~reement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors-in-interest to the parties to it. 8. Relationship of Parties. It is understood that the contractual relationship between City and Owner is such that the Owner is an independent contractor and not the agent of City. 14874.5 0~7/~) ' 11 - 9. Proiect Zoning. Pursuant to the Existing Development Approvals, the Project description contained at Section 16.1 of this Agreement, and the Development Plan, the Property has been rezoned from Rural-Residential (R-R) to General Residential (R-3) to permit Project development. The land use designation under SWAP is presently one (1) acre minimum; under the new General Plan to be adopted, the Property will likely be designated high density residential. The rezoning and proposed land use designation is conditional upon the completion of the Project pursuant to the Development Schedule. Any substantial breach of the Existing Development Approvals, Development Schedule or Development Plan shall constitute a material breach of the Agreement. 10. DeveloPment Schedule. (a) Owner shall develop the Property pursuant to the Development Schedule contained in Exhibit C. (b) Concurrently with recording Parcel Map No. 27314, Owner shall record a deed restriction in substantially the form of Exhibit F, as to Parcels 1-4 of said Tract, restricting occupancy in the Project to persons fifty-five (55) years of age and older. (c) The parties acknowledge that Owner cannot at this time predict when, or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. Citv of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties, agreement, it is the parties, intent to cure that deficiency by acknowledging and providing that the Owner shall have the right to develop the Property in such order and at such rate and at such times as the Owner deems appropriate within the -12- exercise Of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Schedule. 11. Hold Harmless. Owner agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the Project. Owner agrees to and shall indemnify, defend, and hold harmless the City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Owner's activities in connection with the Project. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this paragraph, regardless of whether or not City prepared, supplied, or approved plans or specifications or both for the Project and regardless of whether or not the insurance policies referred to herein are applicable. Owner further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of this Agreement or the Project. 12. Litiqation. 12.1 Third Party Litiqation Concernin~ A~reement. Owner shall defend, at its expense, including attorneys fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action, or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. City shall promptly notify Owner of any such claim, action, or proceeding, and City shall cooperate in the defense. If City fails to promptly notify Owner of any ~uch claim, action, or proceeding, or if City fails 14874.5 0~7/~) ' 13 ' to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action, or proceeding. 12.2 Environmental Assurances. Owner shall indemnify and hold City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors-in-interest, successors, assigns and independent contractors for any violation of any federal, state, or local law, ordinance or regulation relating to industrial hygiene, solid or hazardous waste or to environmental conditions on, under or about the Property. Said violations shall include, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may, in its discretion, participate in the defense of any such action. 13. Third Partv Litigation Concernin~ the General Plan. City is a newly incorporated city falling within the scope of Government Code Sections 65360 and 65311 and thus not subject to the requirement that a General Plan be adopted or that development decisions be consistent therewith so long as the City makes certain findings, which the City has made at Section J. of this Agreement. Notwithstanding these findings City shall have no liability in damages under this Agreement for any failure of City to perform under this Agreement or the inability of Owner to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the findings made under Section 65360 and 65361 or the future General Plan, are invalidated or inadequate or not in compliance with law. 14. Public Benefits, Public Improvements and Facilities. J .5 0~7/92) -- 14 - 14.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by development of the Project and further acknowledge and agree that this Agreement confers substantial private benefits on the Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on the Owner by providing more fully for the satisfaction of the public needs resulting from the Project. 14.2 Impact Fees. (a) The developer(s) of the Property shall pay a capital or impact fee for road improvements and public facilities the City may adopt for development ("Public Facilities Fee"), in the amount in effect at the time of payment of the fee. (The term "developer(s) of the Property or Project" as used in this Section shall mean the person(s) who seeks a building permit to construct structures on the Property. These individuals shall hereinafter be referred to as the "Developer".) If an interim or final public facility mitigation fee or benefit district has not been finally established by the date on which Developer requests its building permits for the Project or any phase thereof, the Developer shall execute an Agreement for Payment of a Public Facility Fee, in substantially the form of Exhibit D. (b) Owner shall pay all other impact fees provided for under the Land Use Regulations, including, but not limited to the Residential Impact Fee (pursuant to Riverside County Ordinance No. 659) and Flood Control, Fire, Library, Traffic Mitigation and K-Rat Fees. 14.3 Fee Credits and Schedule. In exchange for the dedication of land, the construction of improvements and the payment of fees, Owner shall be entitled to Fee Credits set forth in Exhibit E. 14.4 Waiver. By execution of this Agreement, Owner waives any right to object to the imposition of the |4874,5Gm~) provisions of Section 15 of this Agreement, the adoption of any interim or final Public Facility Fee, or the process, levy, or collection of any interim or final Public Facility Fee for this Project; provided that Owner is not waiving its right to protest the reasonableness of any interim or final Public Facility Fee, and the amount thereof. 15. Reservations of Authoritv. 15.1 Limitations, Reservations, and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property, including, but not limited to: (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendation, appeals, and any other matter of procedure. (c) Regulations governing construction standards and specifications including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Grading Code and Fire Code. (d) Subsequent Land Use Regulations which are in conflict with the Development Plan. 15.2 Subsequent Development ADDrOValS. This Agreement shall not prevent City, in acting on Subsequent Development Approvals from applying Subsequent Land Use Regulations, even if they conflict with the Existing Land Use Regulations, Existing Development Approvals or the Development Plan. Further, this Agreement shall not prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing or Subsequent Land Use Regulations. ~.s G~7/92) - 16 - 15.3 Modification or SusPension by State or Federal Law. In the event that State or Federal laws or regulations enacted after the Effective Date of this Agreement 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. 15.4 Regulation by Other Public Auencies. It is acknowledged by the parties that other public agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 15.5 Vestinu Tentative MaPs. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, et sea.) and Riverside County Ordinance No. 460, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04, and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to the Owner, then and to that extent the rights, obligations, and protections afforded the Owner and City respectively, under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 16. Development of the Property. 148~.5G~) --17-- 16.1 Pro~ect. The Property shall be developed with the following uses, and only the following uses: (a) Senior Citizen Housing Development on Parcel 2 of Parcel Map 27314, not to exceed 20 dwelling units per net acre; (b) Nine (9) hole golf course on Parcel 2 of Parcel Map 27314; (c) Senior's Community Center on Parcel 1 of the Parcel Map 27314; (d) Congregate Care Facility on Parcel 3 of Parcel Map 27314; and (e) Skilled Nursing and Personal Care Facilities on Parcel 4 of Parcel Map 27314. No change, modification, revision or alteration of these uses or of the Project may be made without the prior amendment of this Agreement. 16.2 Rights to DeveloP. The permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in Section 16.1 and the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. 16.3 Chan~es and Amendments. Notwithstanding Section 16.1, the parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Project. In the event the Owner finds that a change in the Project is necessary or appropriate, the owner shall apply for a Subsequent Development Approval to effectuate such change and City shall process and act on such application in accordance with the Subsequent Land Use Regulations. If approved, any such change in the Project shall be incorporated herein as an addendum to this Agreement and may -18- be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Project shall be deemed "minor" and not require an amendment to this Agreement provided such change does not: (a) Alter the permitted uses of the Project as a whole; or, (b) Increase the density or intensity of use of the Project as a whole; or, (c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Project as a whole; or, (e) Constitute a project requiring a Subsequent or Supplemental Environmental Impact Report pursuant to Section 21166 of the Public Resources Code. 17. Periodic Review of Compliance with Aareement. (a) Pursuant to City Resolution No. 91-52, as it may be subsequently amended, City shall review this Agreement at least once during every twelve (12) month period from the date this Agreement is executed. The Owner or successor shall reimburse City for the actual and necessary costs of this review. (b) During each periodic review by City, the Owner is required to demonstrate good faith compliance with the terms of the Agreement. The Owner agrees to furnish such evidence of good faith compliance as City in the exercise of its discretion may require. 18. Amendment or Cancellation of Aareement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Sections 65868, 65867 and 65867.5. If the Amendment is requested by the Owner or successor, the Owner/successor agrees to pay City any Development Agreement Amendment fee then in existence as established by City Council 14874.S~) '19-- Resolution, or if no such fee is established, to reimburse City for the actual and necessary costs of reviewing and processing said Amendment. 19. Breach of Aureement. (a) The City reserves the right to terminate this Agreement in the event of a material breach of any of its material terms or any material term of any applicable federal, state or local statute or regulation, which breach is not cured following written notice and a reasonable opportunity to cure. In finding such a breach: (i) City does not waive any claim of defect in performance by Owner implied if on periodic review the City does not propose to modify or terminate the Agreement. (ii) Non-performance shall not be excused because of a failure of a third person; and (iii) Non-performance shall be excused only when it is prevented or delayed by acts of God or an emergency declared by the Governor. (b) The notice to cure period shall be thirty (30) days (except in cases of emergency where a shorter time may be prescribed consistent with the nature of the emergency). Where thirty (30) days is insufficient time for the Owner to cure the notified breach, Owner shall be deemed in compliance with the provisions if, within that thirty-day time period Owner begins good faith efforts to cure such breach and shall present a specific and reasonable timetable to the City for the cure of the notified breach. If the breach is not cured within such time period or within such additional time period specified in such notice, the Planning Director shall cause to be noticed a public hearing before the City Council. (c) The Council shall hold a public hearing, upon ten (10) days written notice duly given to Owner and published notice provided to the public. Owner may appear at the public hearing before the Council and present information, orally or in documented form, that it deems relevant and appropriate to the -20- Council's deliberations. Based on the evidence presented at the public hearing, the Council shall determine by resolution whether the Agreement should be terminated. Nothing herein is intended to limit Council's right to make other determinations which are reasonably related to the Agreement. (d) The City Council shall cause Owner to receive written notice of any action taken following the public hearing. (e) Within not less than thirty (30) days of receiving notice of the City Council's action, Owner shall be entitled to initiate an action in state court to seek judicial review pursuant to California Code of Civil Procedure Section 1094.5. In the event Owner initiates such a review, the Council's determination shall be stayed pending a final order of the court. (f) Upon a finding of material breach of this Agreement, and the failure of Owner to successfully challenge the same in a court of law, City may not only terminate this Agreement, but also shall amend the land use designation of the Property to Institutional or Low-Medium Density Residential, and amend the zoning to Single Family Residential (R-i); Owner further agrees to such amendments. (g) All other remedies at law or in equity which are not otherwise provided for in the Agreement or in City's regulations governing development agreements are available to the parties to pursue in the event there is a breach. 20. Damages Upon Termination. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City, and its officers, employees and agents, shall not be liable in damages to Owner or to any assignee, transferee of Owner, or any other person, and ~4874.5 (7/*27/9'/) -2 1- Owner covenants not to sue for or claim any damages for breach of that Agreement by City. 21. Attornevs' Fees and Costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notice required to be given to City shall be addressed as follows: To City: City Clerk City of Temecula 43172 Business Park Drive Temecula, CA 92390 Notices required to be given to Owner shall be addressed as follows: To Owner: A party may change the address by giving notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 23. Rules of Construction and Miscellaneous Terms. (a) The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. (b) If a part of this Agreement is held to be invalid, the remainder of the Agreement is not affected. (c) If there is more than one signer of this Agreement their obligations are joint and several. (d) The time limits set forth in this Agreement may be extended by mutual written consent of the parties in accordance with the procedures for adoption of the Agreement. '4.5 0/r;/92) - 2 2 - (e) This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person, including but not limited to third party beneficiaries, shall have any right of action based upon any provision of this Agreement. (f) This Agreement may be executed by the parties in counterparts, each of which so fully executed counterpart shall be deemed an original irrespective of the date of execution. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. IN WITNESS WT{EREOF this Agreement has been executed by the parties on the day and year first above written. "CITY" Attest: By: MAYOR City Clerk Approved as to form: City Attorney "OWNER" By: Name: Title: ~48~4.s (7/2'1/92) -2 3 - By: Name: Title: Notary [ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.] '4.s Ot2?/~) -2 4 - EXHIBIT "A" DESCRIPTION OF THE PROPERTY 14874.4 0/23/92) EXI.-IIBIT "B" EXISTING DEVELOPMENT APPROVI~,LS Tentative Parcel Map No. 27314 Change of Zone No. 21 74.5 (7/27192) DEVELOPMENT SCHn}ULE Within five (5) years of the effective date of this Development Agreement, Owner shall have substantially begun construction of each of the following uses: A. Twenty (20) dwelling units of the Senior Citizen Housing Development, and B. The Congregate Care Facility, Skilled Nursing Facility, or Personal Care Facility "Substantially begun construction" shall mean obtaining a building permit and having an approved and inspected foundation. After twenty-five (25) percent of the dwelling units within the multi-family senior housing complex have received Occupancy Permits and prior to the next Occupancy Permit issuance within this complex, owner shall have constructed and obtained a Certificate of Occupancy for the Senior Citizen Center, and shall have completed the golf course. Within five (5) years of the effective date of this Development Agreement, Owner shall have recorded Parcel Map No. 27314 and have obtained all subsequent development approvals for the Senior Citizen Housing Development, the Congregate Care Facility, the Skilled Nursing Facility, and the Personal Care Facility. Within the term of this Development Agreemere, Owner shall have obtained Certificates of Occupancy for all buildings identified in the subsequent development approvals. E,~CI:ffRIT "D" PUBLIC FACILITY FEE AGREEMI~NT Recording requested by, and When recorded mail to: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: City Clerk AGREEMENT FOR PAYMENT OF PUBLIC FACILITY FEE This Agreement is made this day of by and between the City of Temecula ("City") and ("Developer"). "Property" ) RECITALS Developer is the owner of real property (the in the City of Temecula described as follows: Exhibit A, reference Be pursuant to attached hereto and incorporated herein by Developer proposes to develop the Property (the "Project" ) . Recording of this Agreement is fee exempt pursuant to Government Code Section 6103 as it is recorded for the benefit of the City of Temecula, a public agency. -1- sff/117333 .AGR (10/30/91) C. City has determined that the Project will impact traffic and the demand for other public facilities within the City as identified in the for the Project. These impacts must be mitigated by payment of a fee for additional road and public facility construction, which fee shall be identified as set forth heroinafter. D. The City proposes to impose a public facility fee upon new developments within the City in order to construct additional public facility improvements to serve and benefit new developments, including the Project. These fees shall be known as the "Temecula City-wide Public Facility Fee Program" or "Public Facility Fee." E. Condition No. of the Project requires that Developer execute this Agreement prior to issuance of a building permit or conditional use permit, or recordation of the final map, as provided specifically in the conditions of approval. F. In order for Developer to proceed without full payment of the Public Facility Fee in a timely manner, City and Developer have determined to enter into this Agreement. G. The term "public facility" shall refer to public and municipal infrastructure, such as roads, highways, flood control facilities, city hall, police stations, community centers, theaters, parks and similar public infrastructure. NOW, THEREFORE, the parties hereto agree as follows: 1. Public Facility Fee: -2- aff/117333 .AGR (10/30/91) (a) The City council will establish the amount of the Public Facility Fee at some time in the future. The Fee will be based upon the square footage of each development, the vehicle trips generated by each development, or similar measure(s). The Public Facility Fee also shall establish the specific improve- ments to be constructed and their cost, the benefit assessment area and the method by which the fair share, pro-rata obligations of each property are to be established based on impact on traffic and demand for public facilities. (b) Developer shall pay the Public Facility Fee on each building at such time it receives its certificate of occupancy or final inspection, which ever occurs first. (c) The Council also may establish an Interim Public Facility Fee to be followed by a Final Public Facility Fee. If only the Interim Public Facility Fee has been established at the time the Developer seeks issuance of its certificate of occupancy or final inspection, whichever occurs first, then Developer shall pay the Interim Fee prior to issuance of the certificate of occupancy or final inspection, whichever occurs first. Later, when the Final Public Facility Fee is established, the Developer will be reimbursed for any difference between the Interim and Final Fee if the Interim Fee exceeds the Final Fee, and shall pay the shortfall if the Final Fee exceeds the Interim Fee. (d) If the certificate of occupancy or final inspection occurs prior to the establishment of the Interim or Final Public Facility Fee, then the Developer shall pay a deposit of Two Dollars ($2.00) per square foot, not to exceed Ten Thousand Dollars ($10,000) prior to the issuance of the certificate of occupancy or final inspection. The deposit shall be a credit against the Interim or Final Public Facility Fee. A letter of credit or certificate of deposit may be provided in lieu of the deposit. (e) If either the Final or Interim Public Facility Fee is established after the issuance of the certificate of occupancy or final inspection, the Developer shall pay the Interim or Final Public Facility Fee ten (10) days after receiving notice from the City that it has been established. (f) Notwithstanding the above, Developer shall provide City with written notification of the opening of any escrow for the sale of the Project and shall provide in the escrow instructions that if the Interim or Final Public Facility Fee has been established, the Fee shall be paid to the City from the sale proceeds in escrow prior to distributing the proceeds to Developer/seller. (g) City shall record a release of this Agreement upon payment of all Public Facility Fees owing and shall provide Developer with a copy of such release. sff/117333.AGR (10/30/91) 2. Use of Public Facility Fee: The Public Facility Fee collected pursuant to this Agreement shall be used only to construct City-wide traffic and public facility improvements, which improvements are deemed to be of benefit to Project, and for expenses incidental thereto. There is a reasonable relationship between the Project and the Public Facility Fee in that the Project will impact traffic and existing public facilities, and consec/uently, will require expansion of the City-wide street and highway system, and public facilities in order to meet the added demand resulting from the Project. The amount of the Public Facility Fee to be collected from Project represents the cost of facilities necessary to meet the incremental increase in traffic and demand for public facilities resulting from the Project. 3. Information Provided: Developer shall provide to City, upon City~s request therefor, any and all information regarding access to the Project, eraffic flow, trip generation factors and such other information as is reasonably necessary to establish the Public Facility Fee. 4. Security for Public Facility Fee: (a) If the Interim or Final Public Facility Fee has been established prior to issuance of a building permit or other entitlement described in Recital E, then, concurrent with sff/117333 .ACIR (10/30/91) the execution of this Agreement, Developer shall provide an irrevocable letter of credit or other form of security approved by City, in a form approved by the City Attorney, in an amount equal to the total Public Facility Fee for the Project. The amount of security may be increased upon City's request should there be an increase in the amount of the Public Facility Fee. The amount of security also may be reduced upon Developer'$ payment of Public Facility Fees outstanding. However, except for the deposit provided for in Section 1, no letter of credit is required if neither the Interim or Final Public Facility Fee has not been established as of the date of execution of this Agreement. (b) As an alternative to collecting the fee from the letter of credit, if the Developer fails to pay the Public Facility Fee within ~hirty (30) days of the date demand is made, the City may assess a penalty of ten percent (10%) of the amount owing and make said Fee, inclusive of penalty, a lien upon the described real property by recording a notice that said Fee is due under the terms of this Agreement with the County Recorder of Riverside County. The notice shall state the fact that said Fee, inclusive of penalty, is due under the terms of this Agreement and shall state the amount, together with the fact that it is unpaid and draws interest on the Fee and penalty at the rate set forth at California Revenue & Taxation Section 19269 until paid. ,ff/I|7333.AGR(IO/30/91) (c) The City may as an alternative to the lien procedure set forth above, bring legs1 action to collect the Public Facility Fee due. The Developer agrees that if legal action by the City is necessary to collect the Fee the Developer agrees to pay the City a reasonable sum as attorney~s fees and court costs, together with penalty and interest determined according to Paragraph 4(b) of this Agreement. 5. Aareement Runs With Land: This Agreement pertains to and runs with the Property. This Agreement binds the successors in interest of each of the parties. 6. Waiver: By execution of this Agreement, Developer waives any right to protest the provisions of Condition No. of the Project, this Agreement, the formation of any Public Facility fee district, but not the nexus between any Public Facility fee and the Project. 7. Bindins Aureement: This Agreement shall be binding upon Developer, Developer~s successors and assigns. 8. Amendment/No Continuinu Waiver: This Agreement may be modified or amended only in writing, signed by both parties. This Agreement contains the full and complete understanding of the parties and supersedes any ~7- sff/117333 .AGR (10/30/91) and all prior oral or written agreements or representations. A waiver of any term or condition of this Agreement by either party shall not be deemed a continuing waiver thereof. 9. AttorneVs~ Fees: Should either party determine that it is necessary to file a legal action to enforce or interpret the provisions of this Agreement, the prevailing party in that litigation shall be entitled to its reasonable costs, including but not limited to attorneys~ fees. 10. Notice: Notice shall be deemed given under this Agreement when in writing and deposited in the United States mail, first- class, postage prepaid, addressed as follows: CITY: DEVELOPER: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: City Clerk 11. Miscellaneous Provisions (a) If any provision of this Agreement is adjudged invalid, the remaining provisions shall not be affected. (b) If there is more than one (1) signer of this Agreement as Developer, their obligations are joint and several. sff/117333,AGR (10/30/91) IN WITNESS WHEREOF, the parties or their duly authorized representatives have executed this Agreement as of the date set out above. CITY OF TEMECULA DEVELOPER By: By: David S. Dixon City Manager By: APPROVED AS TO FORM: By: Scott F. Field City Attorney sff/AGR17333 Form of Condition: Developer shall pay a building permit or any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall pay a deposit of $2.00 per square foot, not to exceed $10,000, and execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. In imposing this condition, the City finds as follows: 1. The fee collected will be used for City-wide road and public facility improvements. thereof) access, facilities, such as, but not limited to, City Hall, station, fire station, community center and parks. The road and public facility improvements (or portions to be financed will serve the project by providing reducing congestion, and providing adequate public police -i- sff/AGR17333 3. There is a need for such road and public facility improvements for the project as the project will generate traffic onto the roads to be improved and demand for additional public facilities. 4. There is a reasonable relationship between the amount of the fee and the cost of the road and public facility improvements in that the amount of the fee is no more than the amount of benefit to be received by each unit from access to and use of the road and public facility improvements. -ii~ LETTER OF CREDIT (To be on Letterhead of Issuing Financial Institution) CITY OF TEMECULA 43172 Business Park Drive Temecula, CA 92390 Re: Instrument of Credit Delivered as Performance Security for Public Facilities Fee. Gentlemen: [name of financial institution] , a financial institution, subject to regulation by the State of California or the Federal Government of the United States of America, delivers to the City of Temecula this instrument of credit as security for performance of the Agreement For Payment Of Public Facilities Fee, dated by and between the City of Temecula and , and referred to herein and by this reference made a part hereof, subject to the following conditions: I. We pledge that we hold and will hold on deposit the sum of Ten Thousand dollars ($10,000.00) as trust funds guaranteed for payment to City of Temecula to secure faithful performance by , (hereinafter referred to as "Principal") of the Agreement for payment of Public Facility Fee. Upon demand by the City Manager of the City of Temecula, the whole or any portion of said funds shall be paid forthwith to the City should the Principal fail to perform any of its obligations to the City under the Agreement For Payment Of Public Facility Fee. II. No amendment to the Agreement For Payment Of Public Facility Fee, agreed to by City of Temecula and Principal, shall relieve us from liability on this letter of credit. We hereby give consent for any such amendments to be made without further notice to or consent by us. We hereby hold ourselves bound without regard to and independently of any action against Principal whenever taken. We further agree that if City of Temecula sues on this letter of credit, we will pay, in addition to the face value of this letter, all its reasonable costs, expenses and attorneys fees incurred by it in successfully enforcing such obligation, to be awarded and fixed by the court, and to be sff/LTRll0111 -1- taxed as costs and to be included in the judgment therein rendered. This instrument of credit is irrevocable. Financial Institution Principal (Name) (Title) I swear under penalty of perjury that I have authority to bind the above-named financial institution to the terms of this letter of credit. Executed at California, on By: By: (Name) (Title) (Name) Title) Signature Approved as to Form: Scott F. Field City Attorney CITY OF TEMECULA -2- sff/LTRll0111 EXHIBIT "E" FEE CREDITS Upon obtaining a certificate of occupancy Owner shall dedicate to the City the Senior Citizen Center described in Exhibit C. In exchange for dedication of the Senior Citizen Center and completion of the Golf Course, Owner shall receive a full credit against its Quimby Fees required pursuant to Riverside County Ordinance No. 460. 0/2/19l) EXHIBIT "F" DEED RESTRICTION RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY CLERK CITY OF TEMECULA 43174 BUSINESS PARK DRIVE TEMECULA, CALIFORNIA 92590 DECLARATION OF RESTRICTION8 This DECLARATION OF RESTRICTIONS made this day of , 1992, by (" ") hereinafter referred to as "Declarant." WHEREAS, Declarant is the owner of Parcels 1-4 of Parcel Map No. 27314 (the "Property"); and WHEREAS, Declarant intends to sell the above described property, restricting it in accordance with a common plan designed to preserve the value and residential qualities of said land, for the benefit of its future owners. NOW, THEREFORE, Declarant declares that said real property shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied, subject to the covenants and restrictions hereinafter set forth expressly and exclusively for the use and benefit of said property and of each and every person or entity who now or in the future owns any portion or portions of said real property. 1. Land Use and Buildinq Type. No person may occupy any dwelling unit located on the Property unless he or she is at least fifty-five (55) years of age, or otherwise qualifies for residency pursuant to California Civil Code Section 51.3. 2. Term. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots, and the City of Temecula, has been recorded, agreeing to change said covenants in whole or in part. 14874.5 0/27192) 3. Enforcement. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. The City of Temecula may enforce any covenant of this Declaration. 4. Attorneys Fees. Should any party bring an action against the other for the purpose of enforcing the terms of this Stipulation, or for damages arising from its breach, then in such event, the prevailing party shall be entitled to its reasonable attorneys fees and costs in addition to any other award entered by the court. 5. Severability. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. IN WITNESS W~EREOF, Declarant has executed this Declaration of restrictions the day and year first above written. DECLARANT: Signature Name: Address: EXHIBIT "G" DEVELOPMENT PLAN ATTAC~-NT NO. 7 SECTIONS 5.1 AND ~.2 OF ORDINANCE NO. ~48 RURAL RESIDENTIAL ZONING STANDARDS ARTICLE V R-R ZONE (RURAJ,-RES|DENT/AL) SECTZON 5.1. USES PER~ZTTED IN R-R ZONE. Residential end Light A~rtculturel Uses. (1) Any use permitted tn A-1 Zone, subject to the conditions set forth therein, unless beret halter modified. (2) Mobilehome, used as a one-family residence, subject to the fol 1owe ng condittOns: a. Hobtlehunes shill hive a floor irea of not less that 450 Square feet. n r b. The area between the ground level a d the floo of a mobilehome shall be screened from dew by an opaque skirt entirely around the mobilehome. (e) -,,(7) (1o) The following uses shall be permitted prodded approv~ of a plot plan shall first have been obtained pursuant to the provisions of Section 18.30: (1) Fishing lakes, commercial and noncemartial. Educational'institutions, libraries, museums and post office. (4) Golf, tennis, polo or country Clubs, archery and golf and driving ranges. (5) Commercial uses for the convenience of and incidental to any of the above permitted uses when located upon the smme lot or parcel of land. Feed and grain sales. Nurseries and garden supply stores. Pet shops and pet supply shops. Real estate offices. Signs, on-site advertising. Arts, crafts and curio shops. c. Public Utility Uses. I (1) Structures end installations necessary to the conservation and development of water such as dams, pipelines, water conduits, tinks, canalsm reservoirs, ells End the necessary pumping and water production facilities. (2) Structures and the pertinent facilities necessary and incidental to the development and transmission of electrical power and gas such as hydroelectric power plants, booster or conversion plants, transmission lines, pipelines end the like. (3) Radio broadcasting stations. h 541 Telephone transmission lines, telep one exchanges and offices. Railroads, including the necessary facilities in connection therewith. (6) Television broadcasting stationS, antennas, and cable t nstal 1 art ons, and mt crowave tel mY stati ons. (d) The following uses are peattied provided e conditional use permit has been granted: (1) Airport or landing field. 19 lazl Auto ,, cUng . Any mining operation ~htch Is exempt frm the provisions of the California ~Jrfece Mtntng and Reclmatton Act of 2975 and Rtve~tde County Ordinance No. 555. (4) Cmeter~, ~t or hman. Croatia1 uses, t~ follo~n9: e. Anttque shops. b. A. tmobtle service stations and repair garages kdth Or ~thout the concurrent sale of beer end ~tne for off-premises consumption. c. Bakery shops, Including baktng only ~hen Incidental to fete11 sales on the premises. d. Barber shops and heaut.v shops. e. Bars and cocktat1 lounges. f. Dtlltard and pool haqls. g. Clean(rig and dyetng shops. h. Drug stores. 1. Equipment rental services, tncludtng rotorfilets, power movers, sanders, power saws, cement end pl Ister mtxers not exceeding lO cubtc hot tn capacity, end other stmtlar equipment. J. (Deleted) k. Food, meat. poul try and produce markets. 1. Frozen food lockers. m. HerdNare stores. n. Laundries end laundromats. o. Ltquld petroqem service statlons, wtth or wtthout the" concurrent sale of beer end ~dne for off-prem( ses consmptton.provtded that tf storage tanks are above ground, the total capactty of all tanks shall not exceed 10,000 gallons. Storage tanks shall be pathted a neutral color and shall not have any edverttslng patneed or placed on thetr Surface. p. Ltquor stores. q. (Deleted) r. Park1 ng lots and parktng butlfngs, pursuant to the ro~stons of Section Z8.~2 (eutumobtle storage space). s. 10eleted) t. Professional offices. u. (Oeq eted) v. RefresNnent stands. N. Restaurants end other eattrig estebltsMents. x. Shoe stores and Pepatr shops. y. (Deleted) z. Stations, bus, ratlroad and taxi. ca. Tire sales and service,' bb. Tourist tnfomatton centers. co. Underground bulk fuel storage, dd. Auctton houses and yards. Dune buggy parks. Frutt end vegetable packtng plants end stm!lar uses. ZO '} Hunting dubs. Lumber production of a commercial nature, Including cremetotal logging or c~merctal development of timber and lumber mills. (13) Machine shops. (14) The manufacture of: l. Brick, tile or terra-cotta. b. Cement end cement products· c. Gypsum. d. Ume or lime products. (15) Iknagertes end Intmal hospitals. Pen fed cattle operations, livestock saleyards, livestock auction ylrds, end dairy firms. (18) RIce tracks, Including but not limited to contests between automobiles, horses, go-carts, Ind motorcycles, but not Including contests between t~man betrigs only. (19) Recreational vehtch parks· (20) Rtfle, ptstol, skier, or trapshooting ranges. (21) Rodeo arenas. Trathr and beat storage. (24) (Deleted) Mea~ cutting and packaging plants, provided there ts no slaughtertn~ of animals or rendering of meat. Water ell drilling, operations and service (2g) (Deleted) (30) Mobllehc~e parks, cleveloped pursuant to Section lg.g3 of this ordinance. The following uses are pemttted provtded that the operator thereof holds a pemtt to conduct surface mining operations tssued pursuant to Riverside County Ordinance No. 555 which has not been revoked or suspended. (1) Any mtntng operation that is subject to the California Surface Mtntng Ind Recitation Act of 1975. Kennels end certifies ere permitted provided they ere Ipproved pursuant to the pro~slons of Section 18.45 of thts ordinance. Any use that !s not specifically listed h subsections b. end d. may be considered I permitted or con~ttonally permitted use provided that the Plenntng Otrector finds that the proposed use is Iubstantia11~ the Sine In character and intensity as those 11sted tn the designated subsections. Such a use ts subject to the permit process vhtch governs the category tn which tt falls. /mended Effective: 11-11-82 (Ord. 348.2104) 12-23-82 (Ord. 348.2140) 21 08-02-84 04-04-87 06-30-88 05-04-89 07-20-89 (Ord. 348.2338) 'Ord. 348.2669) ~Ord. 348,2855 .ord. SECTZON 5.2. DEVELOPENT STANDARDS. Vhere e structure ts erected or a use ts mad" tn the R-R Zone that ts first speclflca11I pemttted tn another zone classification, such structure or use Shall met the d"velopment standard~ f such requirements are herea tar modified. One fmtly residences shall not exceed 40 feet In height. No other butldtng or structure shell exceed 50 feet tn hetght, unless a height up to 75 feet for buildings, 105 feet for other structures, or greater than 105 feet for broadcasting antennas ts approve, pursuant to Section 18.34 of thts oralhence. Lot Area. One-haqf acre, w~th a mtntmum average w~dth of 80 feet, tncqudtng the area to the center of ed.tecent streets, sha~ be the mtntmum size of any lot except as fo31ows: (1) Publlc Utilities, 20,000 square feet ~dth a mlntm~ average lot width and ~_j~t__h._of_-ZO0- feet, c. Automob(~e storage space shall be provided as requtred by Sectton 18.12 of thls ordinance. A~ended effect~ ve: 09-04-62 07-16-69 06-16-65 (Ord. 348.311) 06-10-70 09-15-65 (Ord. 348.391) 09-23-70 01-19-66 (Ord. 348.422) 09-30-10 08-02-67 Formerly Artlcle ! :Z ~-renmbered Art. V and I~ended: 05-04-7Z(Ord. 348.1023)10-02-75 08-09-73(Or,. 348.118912-10-75 05-30-,4.'.Or..02-03-,7 06-20-74 ,~Ord, : 04-21-77 11-07-74,Oral, 348,1377094)8-77 o3-2o-,5'ord. 07-10-75~Ord. : 11-29-79 07-02-81 11-11-82 12-23-82 05-19-83 08-02-84 10-06-89 Ord. 348.638) {00;348,737) : 348,777) (Ord, 348,783) (Ord. 348.905) (Oral. 348.1470) 348.1481 ;Ord. 348.1588) . Ord. '.or.. ~Ober. 01-01-80) 348.2104 ',Ord. Oral. 348.2140 22 ATTACHNI~.NT NO. 8 SECTIONS 8.1 AND 8.2 OF ORDINANCE NO. 348 GENERAL RESIDENTIAL ZONING STANDARDS S',STAF'FRPT~7314TTId. PC vp/ 55 ARTICLE VIII ZONE (GENERAL RESIDENTIAL.) The following regulations shell apply tn ell R-3 Zones: SECTION 8.1. USES FEleiZTTED. on 18,30: i} Any use permitted tn the It-2 Zone. Apartment houses. Nonprofit clubs end lodge halls. illFraternity and sorority houses. Hotels, resort hotels, end motels. 76~ Nursery schools for preschool day cape. Institutions for the aged licensed by the California State De arl3~ent of 5octal Self·re or the County Department of Public Ue~fape. Hedtcal and dental offices. Chtropractic offices. LIw Offices. Architectural, engineering, Ind community pllnntng offtces~ prowldad there ts no outdoor storage of mateft als, equipment, or vehicles, other than passenger tits. Congregate care pest dents el fact 1 t ti as. Accessor~ buildings, to a specific permitted use, provided that the accessory building ts established as In incident to a principal use and does not change the character of that use. On-site signs, affixed to I~tl~ng walls, stating the nan· of the structure, use, or Institution, not to exceed 5 percent of the surface area of the exterior face of the wall upon thtch the Sign ts located. de The following uses shall be pemttted provided s conditional use permit ts obtained pursuant to this ordinance: (Z) Mobil·home parks, developed pursuant to Section lg.92 of this ordinance. !} (Deleted) PiPking a~ea for cmmerctal uses. Evening nursery School. child Clpe Ind baby-sitting facilities, where 13 or ire unrellted children Ire kept under supervision by I person licensed by the State De artmen, of Social Sellers or Riverside County Department of PuCllc Nellire ~rlng shy hours hot~een S p.m. end 8 a.m. (5) Congregate care residential facilities, developed pursuant to Section 19.103 of this orefinance. 41 Planned residential d;velopments, provided a lend dtvtston Is epproved~ pursuant to the provisions of Ordinance No. 460 end the development standards tn Section ~8.5 or 18.6 of thts ordinance. f. Kennels and caSSeTtes ore pemttted provtded the~ ere epproved pursuant to the provisions of Sectton :~8.45 of this ordinance. k~ended Effective: z2-23-82 (Ord. 3Q.2140 06-28-84 'Ord. 348.2342 02-Z5-87 ,Ord. SECTION 8.2. DEVELOPHENT STANDARDS. The folioring standards of de re1 owe nt s hal 1 Ippl y t n the R-3 Zone, except that p1 onned res I de nit al developments shaq1 comply with the development standards contained tn Section 18,5 of this ordinance, The minimum lot area shall he 7200 squire feet wash a mtnimum average wtdth of 60 feet and a mintram average depth of 100 feet, unless di fierent mt himurns ere sped fi ca1 ly requt red t n I patti CUl ar area. The minttown front end rear yards shall be 10 feet for buildings that no exceed 35 feet In hat hi, Any Titan of a butldtng which exceeds 35 feet tn height Shall C Se becC°frm the t front Ind rear lot lines no less than ZO feet plus 2 feet for each foot by which the height exceeds 35 feet. The front setback shell be measured fran Iny extstt or future street line Is shown on any spectflc Street plan of the County, The rear setback shall be measured (ran the existing rear lot line or from any recorded alley or losmeet; tf the rear line adjoins street, the rear setback requtranent shall be the sane es required for e front setback, c. The minimum stde yard shall be 5 feet for buildings that do no exceed hSifeet In hetght. Any puritan of a butldtn which exceeds 35 feet in e ght shall be set beck from each aide iot ltne 5 feet plus 2 feet for each foot by which the height exceeds 35 feet; tf the side ya~ ad.lotns a street, the side setback requIrment shall be the sine Is required for efront setback. No structure1 encroec~nents shall he tn ,he ,to,,..id. or ..r ,,r..c.p,. p vtd.d t, s.c,ton 8 thts erdtnonce, d. No lot shell have more then 50 percent of Sea net area covered Math buildings or structures. The maximum ratio of floor area to lot area shall not he greater than t~o to one, not Including losanent floor area. All buildings end structures shall not exceed 50 feet tn height, unless a height up to 75 feet ts specifically permitted under the provisions of Section 18,34 of this ordinance, 42 ~, Deleted. h. Automobile storage space lheql be provided es required b~ Sectto~ 18,Z2 of this ordinance, k~ended Effective: 01-T5-64 'Ord. 348.251) 01-19-66 06-07-67 09-23-70 09-16-71 05-04-72 06-21-73 09-13-73 05-30-74 12-10-75 04-12-79 03-16-82 12-23-82 08-29-85 ,Ord. 348.422 Ord. Ord. 348.920) Ord. Ord. 348.1201 Ord. Ord. Ord. Ord, 348,25~0) ATTACItlVIENTNO. 9 SECTIONS 18.5 AND 18.6 OF ORDINANCE NO. 348 STANDARDS FOR PLANNING RESIDENTIAL DEVELOPMENTS & PLANNING RESIDENTIAL DEVELOPMF, NTS - SENIOR CITIZENS S\STAFFRPTX27314TTM.pC vgw 56 SECTZON 28.4. SPECTN, STUDZES ZONES - 6EOLOGZC REPORT REOUXREFENTS. a. In addttton to the requirements of thts ordinance, all applicants, for e speclftc plan of land use, conditional use pemtt, public use pemtt, plot plan or development 1an or certtficste of occu ant approval, for a project, as Nftned tn ~tverste Coun~ Ordinance ~o. ~:47, w~thin a spade1 studies zone delineated by the State Geologist pursuant to Section 26Z:~ et seq. of the Public Resources Code, shall cmply a11 of the provisions of R(verstde County O~d~nance NO. 547, and no pemtt or approveq subject thereto shall be granted except accordance ~Tth the provtston~ thereof. No application subject to the provisions of thts sectton shall be cm leted for flltng, and the ttme limitations for considered as processing an ~pp tcatton shall Rot begtn to run, requtrmnents under Ordinance No. 547 have been camplatted. SECTTON 18.5. STANDARDS FOR PLANNED RESZDENT/AL DEVELOPaNTS. Planned ~es t dentt El developments she11 he cons trueted t n accordance ,~ th the heretnafter listed requirements. Zn additton thereto, planned residential developments shall he subject to, and shall camply t~th, such additional conditions and requireants as are datemined to he necessa~J tn approvtng the development to make It campstibia ~th the cmuntt.v tn ,htch ttts proposed to he located. A subdivision map, prepared substant(all.v tn accordance ~lth the cond(ttons Of approval thereof and the requtrments of this section, shall be recorded pursuant to Ordinance NO. 460. DENSZTY, OPEN AREAS AND HEZGHT LTNZTATZONS. Not less than 40% of the net area of a project shall he used for open area or recreational fadltt~es, or a camb~nat(on thereof. The net area of a project shall be datemined by excluding a11 streets, drives and automob(Is storage areas. The total rimher of dwelling units tn a project shall not exceed that whtch ~uld he pem~tted tf the project ~ere a standard lot development. The height of buildings shall not exceed that ~htch ts pem~tted $n the zone tn ~htch the project ts located. The maxtram petalSteal dens~+,y and height 11m(ts may he reduced tf St ts datemined to be necessary for a planned development to achieve campattbtltty ~th the area tn ,htch the development ts located. (3) YARD SETBACKS. Butld~ng setbacks fren a proJect's extertor streets and boundary lines shall he the see as those prescribed by the zone tn ,htch the project ts located. Zn no case shall such ~utld~ng setbacks for any project ~ less than those p~scrt~d tn the R-3 Zone. The m~ntmm bufq~ng set~ck frm tritedot ~tves Shall ~ ten hat. (4) STREETS. Streets, ~htch m~y he pem~tted to be private, shall be requtred tn accordance ~th the provisions of Ordinance No. 460. 149 is) RESZDENTT~L STRUCTURES. The rimbar of dwell trig untts tn one buildtrig shell not exceed two tn the R-1 Zone end all other zones that pemlt planned restdanttal develoments as en R-1 use, or etght delllng untts tn one INtlding tn the R-2 end R-2-A Zones. The ne~ber of dwell trig untts tn a butldtng tn the R-3 Zone end al1 other zones that ~mtt planned residential davelol~ents as an R-3 use shall not exceed that permitted by the R-3 Zone development standards. Residential buildings shall have a mSntmm ground floor 11vtng area of %000 square feet end each .. dNelllng untt $n a bulldin shall have the ruth(mum floor lhtng area requtred by Sectton %~.11 of thts ordinance. (6) RECREATZONAL BUILDINGS. Recreational, public Issmbly and similar bufidings may be pemttted w~thtn e project tf they are tntendad for the primary use of persons resldtng wtthtn the project and ere located so as not to be datrtmental to adjacent prope rtt as. (7) IqAINTENANCE OF CONNON AREAS. A cmanuntty assodatton ~th the unqualified right to assess the o~ners of the dwelling units for a11 maintenance, operational end other costs of the cammort areas and fad 11 ttes and the cammun~ ~eassoct art on she11 he establ t shed and continuously malntalned. T association shall have the right to 1ten the untts of the owners who default ~n the payment of their assessments. The assoclatton's 1Sen shall not be subordinate to any encmbrance other than a deed of trust or mortgage made ~n good faith end for value which ts of record prior to the recor~atlon of the lien of the assodat~on. Prior to recordat~on of the final subdivision map, the developer shall submit for approval the declaration of covenants. conditions and restrictions for the project. The approved dacleretton shall be recorded at the t~me of the recording of the ftnal subdivision map. (8) (9) TRASH AREAS. Adequate enclosed trash ptckup areas, convenient to the residents which they ere tntended to serve, shall he provided In the project. SCREENZNG. A stx-foot htgh masonry wall shall be constructed on any project boundary l~ne where the adjacent property ts zoned for a lo~er residential danstty than that zone tn which the project is located. (10) iALKI~AYS. FIve-foot vtde paved pedestrian ~lkways shall be Installed between the dwell trig units end the recreational areas of the project. (%1) ACCESS. Vehicular access opentngs tntoe project shell he 11mired to one for each 400 feet of public street frontage; however, ~ 1 projects shall be pemttted two access drives regardless of the mount of frontage. 150 PARKING. Automobile storage space required shall be as determined at the time of Issuance of the conditional use permit; however, tn no event shall there be less than 1.5 parking spaoes for each one bedroa~ unit end not less than 2.5 spaces for each unit fftthtn t~o or more bedrooms. The required parking spaces shall be provided entirely ~dth the development. Public street parking and tand8~ parking shall not be counted in this requt ranant, SECTION 18.6. PLANNED RESIDENTIAL DEVELOPNENTS - SENIOR CITIZENS. When it ts proposed by an pltcant that occupancy of planned residential development bea~imtted to senior citizens a , the application for the land d~vtston shall include the staranent that the development is proposed to be 1tatted to a Senior Ct tl zen Rest dent1 el Development. Senior CItizen Planned Residential Developments shall be constructed in accordance with all of the development requirements of Section 18,5, except as modified heroin: DESIGN. The overall development shall be designed for ease of use by persons of advanced age. NOt less than one accessible route for the handicapped to all on-site facilities shall be provided, there public facilities exist, such as bus stops, st dowel ks and drop-off zones, eccosstble routes for the handicapped Shall be provided, b. LOCATION, Developments shall be located in areas which offer services to the aged, such as transportation, shopping, recreation and nutrition progrms. c. ELEVATORS. No building shall be constr~cted that exceeds one story in hetght unless it contains elevators for the use of the occupants, Residential buildings which exceed One story shall provide additional elevators if they are needed due to the nmber of units or project design proposed, Elevators shall be spaced tn order to minimize the walktrig distance from the elevators to the residential units. d. RECREATION. C.,..on recreational facilities or buildings designed for senior citizen use shall be provided for the use of the occupants. HEDICAL. Medical offtces and convalescent facilities, not ~ng hospitals, may be required for the use of the occupants. f. PARKING. The masher of requt red automobile storage spaces s'h'~TT'Se determined in accordance with Section 18.12 of this ordinance at the time of the approval of the project; 151 however, nEtwithstanding any provision in thts ordnance to the contrary, a twenty percent reduction in the total rimbar of requt red vehtcle park, ng spaces for rest pentt al purposes may be allowed if appropriate, and an additional five percent reduction maY be allowed if the applicant proposes alternative senior citizen transportation progrms; however, in no case shall the reduction of parking spaces exceed 25 percent of the total spaces required by Section 18,12 of this ordinance, Public street perking and tande~ pa-ktng shall not be counted in this requireant. All required parking spaces shal 1 be located anti rely wt thtn the development, accessible to the units which they serve, and no parking space shall be located more than 150 feet fran the unit it is designed to serve. Parking requtranents for other facilities within the development shall be subject to the provisions of Section 18.12 of this ordinance and maY not be reduced. HANDICAPPED PARKING. Not less than ten percent of the required parking spaces shall be designed and designated for use by the handicapped. Handicapped parking spaces shall be distributed evenly throughout the parking areas. AGE RESTRICTIONS. The covenants, conditions and restrictions for the development shall requi re that each permanent resident in each dwelling untt shall be 55 years of age or over· HANDICAPPED UNITS. At least ten percent of the residential units shall be adaptable for the handicapped· Those units shall meet the standards set forth by the Deparl~ent of Housing and Cammunity Development, Title 24, Part II of the California Administrative Code. Amended Effective: 06-2B-B4 (Ord. 34B.2341) SECTION 18.7. ZONING FOR SENIOR CITIZEN DEVELOPNENTS. Whenever a planned resident, al development for senior citizens has been constructed pursuant to Sections 1B.5 and 1B.6, or, whenever the Board datemines that an area should be considered for senior citizen zoning, the area maY be set for hearing pursuant to the provisions of Section 20.1, et seq., to consider zoning that would limit the occupancy of dwelling units within the area under construction to the heretnafter listed minimum ages. Whenever the zoning symbol in a zone classification on any official zoning plan map is followed by the initials 'S.C.D.' (Exmple: R-1-S.C.D.), each ~welling unit in the area so zoned, that is occupied, sh~l be occupied by at least one person not less than 50 years of age and no person under 1B years of age shall permanently reside in any dwelling unit in the-zoned area. 152 ATTACHMENT NO. 10 SECTIONS 19.101, 19.102 AND 19.103 OF ORDINANCE NO. 348 CONGREGATE CARE FACILITIES STANDARDS S\STAFFRPT~27314TTM.PC vgw 57 ARTICLE XIXd CONGREGATE CARE RESIDENTIAL FACILITIES SECTION 19.101. INTENT. It is the intent of the Board of Supervisors in adopting this Article to provide alternative housing opportunities for those persons capable of independent living who clo not need the level of care provided at convalescent facilities. The Board finds that this Article will provide needed housing for those persons who have been identified as impacted groups by the Housing Elanant of the Canprehensi ve General Plan. The Board also finds that this Article will provide a standard for distinguishing between congregate care residential facilities and other multi-fmily uses. SECTION 19.102. DEVELOPMENT STANDARDS. The following standards of development Shall apply for congregate care residential facilities. a. ~. The allowable density for a project shall not exceed the density permitted by the underling zoning classification or the applicable General Plan Land Use Category, whichever is less. b. Location. The project shall be located in accordance with all ~le developmental and locational guidelines under the Comprehensive General Plan and shall be located in those areas which offer appropriate services for the residents of these facilities, including necessary medical, transportation, shoppin;, recreational and nutri ti onal progr~s. c. Elevators. No building shall be constructed that exceeds one story in height unless it contains elevators for the use of the occupants. Elevators shall be spaced in a manner which will minimize the walking distance from the elevators to the residential units. d. Dwel 1 i n.q Units. 1. The net livable area for each unit shall not be less than 400 square feet for an efficiency unit, 550 square feet for a one-bedroom uni t, and 700 square feet for a two-bedroom unit. 2. Not less than four percent Of the residential units shall be accessible for the handicapped, and all other units shall be adaptable for the handicapped. The handicap units shall be distributed equally throughout the project. All handicap units shall meet the standards set forth in Title 24, Part II of the California A~inistrative Code. 3. Kitchenettes may be permitted provided that they are sized to meet the immedi ate needs of the occupants of the unit. 4. No more than thirty percent of the units shall be efficiency units. e. Hallways and Walkways. Hallways should be kept to a minimum length to avoid the appearance of an oversiZed home or an institution. Five-foot wide paved pedestrian walkways shall be installed between the dwelling units and the recreational areas of the project. All hallways and pedestrian walkways shall be maintained with a minim~ of five feet of unobstructed width and 280 adequate vertical clearance to provide unobstructed walking capability. Not less than one accessible route for the handicapped to all on-site facilities shall be provided. Hallways shall be designed to acc~nmodate the use of walkers, canes or other mechanical assistance. O en Space and Recreation Facilities. Not less than forty percent o~ the net of the project shall be used for open space, area recreational fatill ties, or a canbination thereof. Not less than twenty-fie percent of the required open space area shall be used for active recreational fatill ties, such as pool, spa, tennis, an~ 9ardening by residents. Recreational, public ass~nbly and similar buildrigS may be permitted withi n the project if they are intended for the primary use of persons residing within the project and are located so as not to be detrimental to adjacent properties. Yard Setbacks. Building setbacks from a project's exterior streets and boundary lines shall be the sa~e as those prescribe~ by the zone in which the project is located; however, in no case shall such bull ding setbacks for any project be less than those prescribed in the R-3 Zone. The minimum building setback for interior drives and parking areas shall be ten feet. Buildinq Heiqht. The height of buildings shall not exceed that which is permitted in the zone in which the project is located. The maximum permitted height limits must be reduced if it is determi ned to be necessary for a planned development to achi eve compatibility with the area in which the development is located, Trash Areas. Adequate enclosed trash pickup areas, conveni ant to the residents which they are intended to serve, shall be provide¢ i n the project. lrash areas will be screened by a six-foot high decorative block wall. Screening. A Six-fOot high decorative block wall shall be constructed on all project boundary lines to provi de adequate security and privacy. The exterior side of all block walls shall be coated with a protective coating that will facilitate the r~noval of graffiti. i in accordance with Section 18.12 of this ordinance at the time of the approval of the project; however, notwithstanding any provision Of this ordinance to the contrary, a twenty percent reduction in the total number of required vehicle parking spaces for residential purposes may be allowed if appropriate, and an additional five percent reduction may be allowed if the applicant proposes alternative senior citizen transportation programs; however, in no case shall the reduction of parking spaces exceed twenty-five percent of the total spaces required by Section 1B.12 of this ordinance. Public street 281 parking and tandem parking shall not be counted in this requirement. All required parking spaces shall be located entirely within the development, accessible to the units which they serve, and no parking space shall be located more than 150 feet fron the unit it is ~esigned to serve. Parking requirements for other facilities within the development shall be subject to the provisions of Section 18.1Z of this ordinance and may not be reduced. Not less than ten percent of the required parking spaces shall be designed and ~esignated for use by the handicapped; provided, however, that there shall be at least one designed and designated handicapped parking space provided for each handicapped resident. Handicapped parking spaces shall be distributed evenly throughout the parking areas. 1. A. ccess. The number and location of vehicular access openings into a project shall be as specified by the Road C~issioner. Projects must be located on a street with a minimum 66-foot ri ght-of-way. m. Supportive Services. Services that support the residents shall be provided. At a minim~n the following services shall be provided. 1. Laundry Facilities. One {1) washing machine and dryer shall be provided for every twenty (20) roems. 2. Housekeepinq and Linen Service. At a minimum, weekly service shall be provided. 3. Communications. A "panic button," intercorn or other similar device shall be provided in each room so communication with the central office/security desk is available. z~. Central Dining. A central dining roon shall be provide~. The size of the roo~ shall be sufficient to accommodate all of the residents. The minimu~n room size shall be the product of the proposed maximum nomber of residents in the facility multiplied by five square feet per resident; however, in nD instance shall the central dining room be less than 35D square feet. 5. e4iscellaneous Facilities. The following services are permitted within a Congregate Care Residential Facility provided they ~o not exceed five percent of the total building of the facility. .arber an..eauty shops. Religious Facilities. {c} Commercial uses that are compatible with the proposed use and provide a service tO the residents. Such uses may be open to the general public. n. Public Transit Access. A public transit turnout shall be included within the project's design. SECTION lg.103. DEVELOPFIENT STANDARDS - INCREASED DENSITY. .. A d.nsity thor. as. of SO, ov.r that permitt.. in S.ction ) above, unless otherwise limited by a Community Plan, may be permitted if the project meets the following additional gui deli nes. 282 Area Services. l'he following services must be located within the following prescribed distances: (a} Neighborhood Shopping Center: 1/2 mile· (b) Recreation Facilities with snenities designed for the elderly: 1 mile. (c) Hospital Facility: 20 minutes by public or private trans portati on. {d} Medical Services (Doctor/Dentist): two miles. Medical services shall mean the provision of health care by licensed practitioners at fixee locations ~ring standard office hours. (e} Emergency Services (Fire/Parmedic): five minutes by mergency vehicle. (f) Community Services (Social, Educational, etc.): two miles. (9} Mass Transit Facility: (1} If a reduction in the required parking spaces is requested then the facility must be located within 150 feet of the project· {2} If a reduction in the required parking spaces is not requested, then the facility must be within 1/2 mite of the project unless transportation is provided by the facility· requirements of Section 19.102(c} through {n}. a. Open Space. (1) Private Open Space. Each unit shall be provided with private useable open space. Patios shall be at least 1DO square feet in area. Balconies shall be at least BD square feet in area. (2) C(,l,;,on Open Space· (a) Not less than forty-five percent of the net area of a project shall be used for cm:non open Space· Not less than twenty-five percent of the requi red c~mon open space area shall be used for active recreational facilities, such as pool, spa, tennis, and gardening by res i dents. (b) Indoor recreational/leisure space shall be provided in the form of a multi purpose or recreational roan. The size of the roan shall be based on the ratio of 15 square feet of floor area per unit provided. In no instance shall the room be less than 1,ODD square feet· b. Access. The n~nber and location of vehicular access openings into a project shall be as specified by the Road Commissioner. Projects must be located on a street with a minimum B6-foot right-of-way, within 150 feet of a mass transit facility, Or must provide appropriate transportation for resi dents. 283 Densit . A density increase of 100 percent over that permitted in ~19,102(a) above, unless otherwise limited by a Community Plan, may be permitted if the project meets the following additional gui del ines. 1. Area Services. The following services must be located within the fol lowi n9 prescri bed distances: a. Neighborhood Shopping Center: 1/4 mile. b. Recreation Facilities with amenities designed for the elderly: I mile. c. Hospital Facility: 20 minutes by public or private transportati on. d. Medical Services (Doctor/Dentist}: one mile. Medical services shall mean the provision of health care by licensed practitioners at fixed locations during standard office hours. e. Emergency Services (Fire/Parmedic): five minutes by e~ergency vehi cl as. f. Community Services (Social, Educational, etc.): one mile. g. Mass Transit Facility: {1) If a reduction in the required parking spaces is requested then the facility must be located within 150 feet of the project. {2} If a reduction in the required parking spaces is not requested, then the facility must be within 1/4 mile of the project unless transportation is provided by the faci 1 i ty. 2. Pro~ect Design. Projects proposed under this section shall meet the following requirements, in addition to all requirenents of Section 19.102(c) through (n). a. ol; space. Private Open Space. Each unit shall be provided with private useable open space. Patios shall be at least 100 square feet in area. Balconies shall be at least 8~ square feet in area. (2} (i 2.;toV;;ss i...fifty perc.nt of th. n.t .r.. project shall be used for common open space. No less than twenty-five percent of the required c~nmon open space will be used for active recreational facilities, such as pool, spa, tennis, or gardening by residents. (b} Inaoor recreational/leisure space shall be provided in the form of a multipurpose or recreational roan. The size of the room shall be based on the ratio of 15 square feet of floor area per unit provided. In no instance shall the room be less than 1,000 square feet. Access. The nunper and location of vehicular access openings into a project shall be as specified by the Road C~=,issioner. Projects must be located on a street with a minimum 66-foot right-of-way, within 15D feet of a mass transit facility, or must provide appropriate transportation for residents. 284 An increased density project must be located a ntnin~um · stance fra~ any other increased density project equal to the product of the number of units of the larger project multiplied by 50 feet; provided, however, that in no event shall the minimum distance between any two increased density projects be less than 1,320 feet. SECTION 19.104. RESTRICTlOllS. a, The development shall be open to those residents who are capable of demonstrating the mental competence and physical ability to leave a building without assistance of any other person. b. The project proponent shall not provide any service which would require e license to be issued by the State of California. This includes, but is not limited to, the following: 1. Assistance in dressing, grooming, bathing and other personal hygiene; 2. Assistance with taking meditation; 3. Central storing and distribution of meditations; 4. Arrangement Of and assistance with medical and ~ental care; and 5. Maintenance and supervision of resident monies Or property. Added Effective: 1-15-87 (Ord. 348.2643) 285 ATTACIt~VI~,NT NO. 11 SCHOOL DISTRICT LETTER S\STAFFRPT~,7314]'flVi,I~3 vgmv 58 TEMECULA VALLEY Unified School District SUPERINTENDENT Pltricia B. Novotney, Ed.D, BOARD OF EDUCATION Dr Dawd Eur~ch March 9, 1992 The City of Temecula Planning Department 43174 Business Park Drive Temecula, Ca, 92590 Attention: Saied Naaseh Subject: Change of Zone No. 21, Tentative Tract Map No. 27314 We would like to take this opportunity to address the above referenced Change of Zone and Tentative Tract Map submitted by the Linfield Christian School. This project consists of 50.4 acres subdivided into a nine (9) hole gold course and a senior citizen housing and nursing complex. We are very concerned about the compatibility of this project due to its location next to the Temecula Valley High School complex, This complex consists of the football stadium and other athletic fields, tennis courts, and the main campus. The football stadium experiences heavy usage throughoutthe daytime and evening hours, and is contiguous to the proposed development. During the day, it is not uncommon for the high school to host pep rallies for the entire student body (over 2,000 students), as well as other activities which in the past have included U.S. Armed Services helicopter landings and "rock" bands. Evening activities include home games for the Temecula Valley High School football team, which will now increase in frequency and attendance size due to the reconfiguration of the league. Other athletics such as track and field competition and related sports are also common during daytime and evening hours'. This stadium receives intensive use by the community, which includes football, soccer and related events. The noise level and bright evening lights from this stadium will adversley affect the quality of living for the neighboring project. The newly constructed tennis courts are due for installation of coin operated lights, and will be open to the community after school hours. These lights will contribute to the evening lighting situation which may also have a negative impact on this project. It should also be noted that the School's public address 31350 Rancho Vista Road ! Temecula. CA 92592 / (714) 676-2661 system is audible from the proposed development's site, and this system is utilized throughout the school day. Therefore, due to the extensive use of all of the high school's facilities throughout the year by both the school district and the community at large, we feel that the above referenced project is incompatible. Although we will not oppose this project, we would like to state that under no circumstances will we accept any responsibility for the impact our stadium, tennis courts and other related facilities will have on the neighboring senior housing and nursing complex, nor will we conform to any demands made in the future should any of these facilities become an issue with this development. We also request that a full disclosure be made to any prospective buyer or renter of this proposed project that the above referenced conditions exist, and that these conditions are not subject to mitigation. Thank you for your time and interest concerning this matter. T~e~Valley Unified School District Dr. Patricia Novo~tne Superintendent PN/bk ATTACHMENT NO. 12 ARTHUR ANDERSON STUDY DEVELOPMF. NT PROGRAM RECOMMENDATIONS s~s~,~'r~273~4~rM.Pc vgw 59 Patio Residential ConZre2ate Skilled Nursin;/ Personal Care Golf Senior Center · Total ?aRT~ IX--1 Master Plan L4~ield Site 240 30.34 7.91 200 6.75 29.63 78 1.81 43.09 N/A 11.29 0.00 N/A 2.49 0.00 518 52.68 9.83 Source: Albert A. Webb & Associates, Larry Vesely Architects; Arthur Andersen Real Estate Services Group. ~'he master plan encompasses 52.6 acres which for design purposes has been segre&ated into five pla~nin~ areas correspondtn~ to the different uses included. Pls--tn; Area I, desiSned for active adult patio/tovnhome products, has 30.34 acres, while Plannin~ Area II, desiZned for the con~reZate care ltvin~ facility, has a total 6.75 acres. The skilled nursinZ/personal care facility has been planned on 1.81 acres in Planntn~ Area III, while the golf course encompasses 11.29 acres in Pla--in; Area IV. Finally, the senior community canter within Pls-nin& Area V has been designed on 2.49 acres. A total of 518 dwellin& units are included in the master plan, yieldin& an overall density of 9.83 units per acre. Active Adult Patio/Townhomes and Golf Course P3m--tn& Area I includes 240 patio/to~mhomes clustered in duplex and fourplex structures, (See TabIe IX-2). Each u~it has bee~ dest2ned with a rear patio which opens up to either open space or golf course frontage. To~mhome units I~SVK~-O~C~!~T PIIOG'Y..M~ ~,gCOfetS~UA~IOff$ IX-4 have been piaced at the interior of the fourplex clusters to allow for secon floor or loft Window opportunities, which is a major marketin~ issue for these types of units with patio units positioned at the end of clusters. Fourplexes have been clustered in the vicinity of 2olf course greens so that prime golf course views comp-n~ate for hi~her densities with respect to prtcin~ and marketability. Four to five ~loor plA~ are recommended for the development, with an average unit size of approximately 1,150 square feet. An average base price of $105 per square foot in 1992 dollars is thought to be achievable with an average unit premium or 310,000. The recommended phasin& plan calls for three increments of development, each with 80 units and constructed in successive years from 1993 to 1995. Monthly absorption is estimated at five to eight units. A 5,000 to 6,500 square foot recreational facility should be the centerpiece of the community offerin~ a range of exercise facilities alon2 vith activity rooms for billiards, cards and related activities. The golf course associated with the development is a small nine hole design. Achievable daily greens fees in 1992 dollars are estimated at $8 per rctmd with a $272 --~ual fee, which is a 15 percent discount from daily greens fees assuming 40 rounds ---ually. This -~ual fee is recommended as a discount program to homeowners within the community. A 1,200 square foot pro shop/starter facility is recommended for the course. No food or beverage facilities are recommended for incorporation in the starter facility based on its proximity to residential units. Although we have not completed any market investigations with respect to the potential performance of the course. we believe that it is a community amenity which will produce significant value. Even as a small course it provides the comity with enhanced marketability to a target market which is keen on recreational activities and lifestyle and allows the project to compete effectively with other competitive communities offering a similar amenity. In addition, the course produces substantial financial returns for the project by allowing frontage premiums for the patio/townhomes aside from the operating revenue generated by the course itself. Congregate Care Livinz Facility A 200-unit Congregate Care Living Facility has been designed in Pl--~tng Area II, (See Table IX-3), with the unit mix of 40 studio units, 80 1-bedroom units, 80 2-bedroom units and a common area of 25,000 square feet. The average studio unit size in the project has been designed at 420 square feet, while the average 1-bedroom is 650 square feet. Units with 2-bedrooms have been designed BI~rKLOP~NI PROCR~I~ RECOI~bI~a~A~IONS -- ~ IX-7 at 1,000 sq6are feet. Common area features in the pro~ec: are recommended t include kitchen facilities of approximately 1,000 square feet, diniz~ facilities with seatin~ capacity of 130 interior seats and exterior patio 25 seats. Recreation facilities should include: activity rooms for cards, television, librar~ and billiards; service facilities such as a beauty salon, barber shop ~d conveni~ce store; ~ ~elcise facility, a pool/spa; ~d men's ~d women's lo~er rooms. Achievable monthly rental rates expressed in 1992 dollars are estimated at 3998 per month for studio units, $1,500 per month for 1 bedroom units and ~2,037 for 2 bedroom units. An achievable double occupancy fee is at ~475 in 1992 dollars. Stablized occupancy has been projected at 90 percent, occurriz~ in 1996. The reco~ended service package included in the monthly rental fee is 45 meals per month, weekly maid a~d linen service, unit medical alert systems, utilities and scheduled transportation. DEV~LO[~I~lr~ pROC~A~ R~C0J~IK~IDATI0~ ~.~ L.;~ =-'.',~ ~ IX-8 TART,'I~ TY_3 Pl*-m4--_ Area II Con~reRate Care Liv4~_~ Facilit~y Development Program Recmendations Sinbar of O~dts 20O Avers~eUntt Size - Studio - 1-Bedroom - 2-Bedroom 420 sq, ft. 650 sq, ft. 1000 8q. ft. - Studio - 1-Bedroom - 2-Bedroom unite 40 80 80 Percentale 20.0~ 40.0~ 40.0~ Rental htes (1992) - Studio - 1-Bedroom - 2-Bedroom - Double Occupancy (additional) $ 998 1,502 2,037 475 Per So. Ft, $ 2.37 2.31 2.04 Stabilized Occupancy Stabilized Year Service Packsic Included in Rental Fee: - 45 Neals Per Nonth - WeelclyNaid and Linens - Unit Medical Alert Systems Utilities Tr-~portation CcmonArea Features Marketin~ Office Kitchen Facilities - Dini~ Facilities Lo,m~e/Card Room - Exercise Room Salon and Barber Shop - Library - T.V. Room - Administrative Office - Convenience Shop - ~ail Room Billlard ROom - Pool/Spa Men's Locker Room - Women's LoCker ~oom Pa~ldx~ (Joint vlth skilled nutsinS facilitT) 90.OX 1996 25,000 sq. ft. 1,000 sq. ft. 155 seats 175 spaces Skilled Nur~inx/Personal Care Facility A 50-bed skilled nursin2 facility linked together with 50-untt personal care facility is recon~ended in P]---~n&Area III, (See Table IX-4). The linkage between the two facilities is a 12,200 square foot common area desl~led for administrative offices, a dinin~ facility with 60 seats, kitchen factli=y of about 600 square feet, a lc,,-~e/TV room and a library. The skilled nursin~ facility is recommended to have 6 private rooms and 44 semi-private rooms. The awerage size of both the personal care units and the skilled nursin~ rooms are estimated at 400 square feet. The achievable average monthly service fee for personal care units is estimated at $2,055, while skilled nursin~ rates for private and semi-private accommodations are estimated at $125 and 5100, respectively (1992 dollars). Based on the occupancy characteristics of other facilities, an occupancy mix .or the proposed facility has been estimated as 50 percent private insurance, 37 percent MediCal and 13 percent Medtcare. Stablized occupancy has been projected at 90 percent for the skilled nursin~ facility and 85 percent for the personal care facility. The first stablized year for both the personal care facility and the skilled nursin~ facility is projected =o be 1996. DEVELOPNEWT PROGRAN RECO}~/S~DATIONS IX-10 pls,~4~_~ lzea III Skilled !urstn~Pezaoatt Care Facility Develolme~t Program Reconmendations lh~ber of Skilled !nrsin2 Beds - Private - Semi-Private Number of persons1 Care Units AversteUntt Size - Personal Care - Skilled Nursin2 Skilled Nurs4~ Daily Rates (1992) - Private Room - Semi-Private Room persons1CareNonthly Service Fee (1992) - Sin21e Occupancy Double Occupanc~ (additional) Skilled Nurst-~ Occnpaucylti~ - Private Insurance - NedlCal - HedlCare Stabilized Oc~-u~ancy ~ Skilled Nursin~ - Personal Care Stabilized Year Cossson~rea Features Administrative Offices DininS Facilities (60 seats) Iitchen Facilities (1,000 sq. ft.) Lotm2e Area/T.V. Room Libraz7 50 6 44 5O 400 400 ~125 95 ~2,055 $450 50~c 37~ 13~ 90~ 85~ 1996 12,200 Sq. Sq. ft. aq. Sentor-Orie~ted Comm~itv Center A 2.49 acre parcel on the site has been set aside for development as a senior- oriented community center. It is assumed that this parcel viii be deeded to end developed by the City of Temecula. Conversations with individuals in the City's parks and recreation department identified the communities of Irvine and Rancho Bernardo as having model facilities and programs. As part of our market analysis we conducted a survey of the centers in these communities as well as a number of others. In general, the facilities ran~ed in size from approximately 10,000 to 15,000 square feet, situated on between 1 and 2 acres. Typicallys a center consists of a lar6e multi-purpose room, card room, library, kitchen, and administrative offices. In some facilities there is a conference room or larger auditorium as well. The centers provide a wide array of recreational programs end activities in addition to a daily hot lunch program. These activities include card clubs, educational classes, exercise classes, doctor screenings, legal advice, end shopping and site-seeing excursions. The facilities provide services to between 100 and 250 seniors daily. Facility profiles for those senior centers surveyed follows. Basic Features TENTAT VB "': J:' ' SUBJECT TO IRVINE SENIOR CENTER Irvine. CA Summary of Services Nov-91 Operating Hours: 8:00am - 5:00pro M-F Size: Approximately 2 Acres Building: 11,000 SQ FT ; . Single Story Year Built: 1978 Contact Person: Telephone Number: Address: Jar~ Calhoun 714/724-6800 3 Sandburg Way Irvine, CA (Culver & Sandburg) Recreational Facilities The structure consists of 2 offices for the full-tlme personnel and 1 office for the staff; a conference room; a card room with an approximate capacity of 110 persons housing 10-12 card tables seating 4 persons each; a multi-purpose room with an approximate capacity of 175 persons; a library; a full service kitchen; and a ballroom with a stage. Recreational Pmgrams/Activlties Programs Coordinated with Local and State Programs City-Sponsored TRIPS Program OutTeach Program Live Bands Playing Big Band-Era Music Language Classes Relaxation Classes Aerobics Billiards Bingo Cards Board Game Food Services The center offers a daily hot lunch meal program serving approximately 40 persons daily. The price for the meals varies with ago {i.e., Senior I Nonsenior) and hot verses cold. Comments Last year, over 100 volunteers donated more than 25,000 hours. In addition, much of the equipment and furniture used by the center are donated, The staffing varies as the number of seniors end the number of programs offered varies, Another source of funds is through rental income for the use of some of the facilities for weddings, receptions, meetings, workshops, seminars, classes, atc, Summary of Servicjs:"'; '~ .z A, ~ V' C Z:--,'~'~ L;; :': ,;:. _ _~ ; ~ Nov-S SUBJF-CT TO Basic Features Operating Hours: Size: Building: Year Buil~: ., 8:30am - 4:30pro M-F Approximately 1 Acre 'SO FT Not Available Single Story 1989 Contact Person: Telephone Number: Address: Francis Bass 619/487-9324 18402 Bernardo Drive Rancho Bemardo, CA 92127 Recreational Facilities The structure consists of approximately 6 offices, 3 of which belong to the senior center for the Director, Office Manager, and Staff; a large multi-purpose room (hall) with an approximate capacity of 130 persons; a smaller multi-purpose room (hall) with an approximate calDicity of 30 persons; a patio for certain outdoor functions; a small computer room; a small kitchen with basic appliances; a separate privately-owned lawn-bowling facility; and a separate privately-owned tennis court fqcility. Recreational Programs/Activities DancEs Cards (Bridge, Finnocle, Etc.) Fund Raising Events (Bake Sales, Walk-a-thons, Etc.) Excercise Classes {Aerobics, Karate, EtC,) Mad(care Consultation Widow / Widower Group Meetings Travel Club ( Small Trips) Educational Classes {Writing, Geography, Etc.) Food Services NO Daily Services Pot Lucks and Picnics are Common Fashion Shows Bingo (Fridays) Computer Classes Legal Advice Doctor Screenings Lawn Bowling Tennis Comments Employees: Full-Time Director Full-Time Office Manager Part-Time Maintenance Assistant Part-Time Representative Provided by Adult Protective Services Varying Part-Time Staff Depending on the Daily Activities This is a very active senior center with daily visits approximating 100-200 persons. There are approximately 100 regular volunteers providing over2,000 hours of service per year. Staff and volunteers put out a monthly newsletter I calendar to all members. The local Chamber of Commerce distributes limited copies of the newsletter, and all others de mailed to the members only. The center receives no funding from the city and minimal funding from the state. It relies mainly on limited donations, extensive fund-raising, and I~eriodic hall rentals. The center is 2 y~ars old and has approximately 1500 members. The center' equipment and furniture are both donated and purchased. Basic Features Operating Hours: . .~ 8:00am - 5:00pro M-F Size: Approximately 2 Acres - Building: * 15,400 SQFT Two Story Year Built: 1989 (New) Contact Person: Telephone Number: Address: MaryAnn 619 / 434-4127 799 Pine Avenue Carlabed, CA 92008 Recreational Facilities The strumre is approximately 28,300 square feet in size, however, The senior center only occupies 54% or 15,400 square feet. The structure consists of a reception area; a lounge with a fireplace, sofas, chairs, and a big-screen TV; an auditorium which is 2,500 s~luara feet in size and divisible into 3 smaller rooms if needed; 4 offices - 1 for the coordinator and 3 for approximately 5 oTher full- and part-time staff; a small conference room; an art studio; a dance studio; a game room; an outdoor courtyard with barbecue facilities; a library; a full-service kitchen; and a dining room which is 2,500 square feet in size. Recreational Programs/Activities Bingo Cards Exercise Classes through Maricosta College Foreign Language Classes Musicals Dances Doctor Screenings (Skin, Eyes, Etc.) Am and Crafts Movies Legal Counseling (Mainly Wills) Various Seminars Board Games Insurance Counseling Travel Presentations Nutrition Program Live Bands Bus Services Food Services Lunch is served daily to seniors for a donation of $1.50 and to all others at a cost of $2.50. The average menu consists of an appetizer, main course, fruit, vegetable, occasional dessert, and a choice of milk, tea, or coffee which is served To approximately 150 persons a day. There is also · daily "meals on wheels" program in which meals are delivered to The homes of approximately 50 seniors who are unable to visit the center. Daily meals are not cooked at the center but are catered in f~om The local nutrition center. Comments Full-Time Employees: Part-Time Employees: Coordinator Secretary Nutrition Site Manager 2 Facility Maintenance Assistants 3 Van Drivers Management AsSistant to Coordinator 2 Receptionists The center has approximately 15C~regular volunteers who donate over 3,000 hours of Their time per year. The center receives most of its funding from The city parks and recreation fund as well as limited grants from the American Agency on Aging, Additional revenues are obtained Through faciliW rentals for weddings, receptions, meetings, stc. The building is shared with The Cadsbad Unified School District as well as the local nutrition center. A newsletter I calendar is distributed to all members on a monThly basis. Basic Features Operating Hours: ' * 6:00am - 4:00pm M-F Size: · Approximately 2 Acres Building: 13,000 SQFT Single Story Year Built: 1980 Contact Person: Telephone Number: Address: Maulsen 619/9664144 455 Country Club Lane Oceanside, CA 92054 Recreational Facilities The structure consists 'of 3 offices - 1 housing the Director, 1 housing the Assistant Director, and 1 housing parelapels, tax advisors, and insurance advisors; e large mUlti-purpose room used for the nutrition and recreation programs with an aRproximate capacity of 240 persons; a smaller multi-purpose room divisible into either 1 large room with an approximate capacity of 150 persons or 6 smaller rooms with an approximate capacity of 30 persons each; a full-service kitchen; and an outdoor facility for shuffleboard and horseshoes. Recreational Progrems/Acttvities Seminars (Wilson Trust, Social Security, Medicare) Exercise Classes Line, Round, and Tap Dancing Cards Board Games Blood Pressure Tests Ear and Eye Exams Fund-Raising (Craft Fairs, Pancake Breakfasts, Raffles) Travel Program Legal Counseling Educational Classes Arts and Crafts Choir Group Nutrition Program Shuffleboard Horseshoes Food Services Lunch is served daily to seniors for a donation of $1.75 and to all others at a cost of $2.50. The average menu consists of an appetizer, main course, fruit, vegetable, dessert, and a choice of milk, tea, or coffee. There is also · daily 'meals on wheels" program in which meals are delivered to the homes of those seniors who are unable to visit the center. Comments Full-Time Employees: Director Assistant Director Maintenance Assistant Part-Time Employees: 2 Additional M~ntenance Assistants The center has at least 12 regular volunteers on a daily basis and approximately 200 each month. In addition, a volunteer or senior, member donates time daily as the centar's receptionist. The center receives state funding mainly for its nutrition center and very limited city funding. It does raise additional funds through the rental of its facilities for weddings, receptions, meetings, etc, The income derived ' ~ fentel activities is given back tu the City of Oceanside for use in various city programs such as the senior center. A newsletter / calendar is distributed to all members on a monthly basis. Basic Features Operating Hours: Size: Building: Year Built: 9:00am - 5:00pro M-F Approximately 2 Acres Approximately 15,000 SQFT Two Story 1976 Contact Person: Telephone Number: Address: Ron Cole 714 / 929-0086 305 East Devonshire P.O. Box 387 Hems(, CA 92546 Recreational Fac~qitles The structure consists of 7 offices utilized by the center manager, information manager, volunteer coordinator, nutrition manager, end various full- and part-time staff; a multi-purpose room with an approximate capacity of 400 persons (divisible into 2 rooms if needed); a senior wing with an approximate capacity of 200 persons (divisible into 2 rooms if needed); a dining room with an approximate capacity of 180 persons; and a full service kitchen. Recreational Programs/Activities Nutrition Program Prime of Life Program Blood Pressure Tests Medical Seminars Occasional Doctor Screenings Outreach Program Travel Program Housing Program Sunday Sing-Alongs Bus Services Retired Senior Volunteer Program Arts and Crafts Parmere Help Program Cards Board Games Dancercise Swinging Singles Grouo Billiards Dance Classes Food Services Lunch is served daily to seniors for a donation of $1.50 and to all others at a varying rate. The average menu consists of an appetizer, main course, fruit, vegetable, dessert, end s choice of milk, tea, or coffee. There is also a daily "meals on wheels" program in which meals are delivered to the homes of those seniors who are unable to visit the center. Comments Full-Time Employees: Center Manager Information Manager Nutrition Manager Volunteer Coordinator Staff Assistant Part-Time Employees: Rental Assistant.for Set-Up and Cleaning The center has approximstely 12 dailY, volunteers assisting as many as 400 daily visitors. The center receives a decent amount of c'rty jnd state funding and also has an occasional fund-raiser. In addition to the employees listed sbove, the center also con(ram with a local cleaning company for representatives to come and clean the facilities on a regular basis. A newsle~tsr I calendar is distributed to all members on a monthly basis. Basic Features Operating Hours: Size: Building: Year Built: 8:0Oam - 5:00pro M-F · Approximately 2 Acres 12,000 SQFT Single Story 1990 Contar, Person: Telephone Number: ._ Address: Karen 619/323-5689 480 South Sunrise Palm Springs, CA 92262 Recreational Fac~ities The structure consists of approximately 6 offices which are used by or for (1) the executive director, (2) the administrative assistant, (3) the Outreach director, (4) Board meetings, (5) special meetings, and (6) 6 office staff; a main lounge with a fireplace, sofas, and chairs for small conversations; an auditorium with an approximate capacity of 285 persons; a multi-purpose room with an approximate capacity of 150 persons; a full-service kitchen; a library; an arts and crafts room; a community room; and 5 counseling rooms. Recreational Programs/Activities Medical Counseling (Medicare, Prescription Drugs, Etc.) Medical Screening Blood Pressure Tests Dance Classes Exercise Classes Arts and Crafts Classes Distribution of Local Travel Agency Discounts Fund-Raising (Senior Olympics, Black-Tie Ball, Senior Expo) Seminars Bingo Foreign Language Classes Orchestra Group Choir Group Board Games Cards Food Services Lunch is served daily to guests of all ages for a donation of $1.50. The average menu consists of an appetizer, main course, fruit, vegetable, dessert, and a choice of milk, tea, or coffee. Comments Furl-Time Employees: Executive Director Administrative Assistant Outreach Director Secretary Maintenance Assistant Pan-Time Employees: Title 5 Program ,Representative Provided by the City of Riverside The center has approximately 100 regular volunteers each month. Approximately 150 seniors visit the center each day. The center r, eceives limited city and state funding. It raises some revenue through fund-raising activities and the remainder through the rental of its facititites for weddings, receptions, etc. A newsletter / calendar is distributed to all members on a monthly basis. ATTACBM~,NT NO. 13 MISCF, I,LANEOUS CORRESPONDENCE RECE!VED July 2, 1992 Mr. and Mrs. Robert Pipher 41825 Green Tree Road Temecula, California 92592 Dear Bob and Dottie: Jim Adare and I would like to thank you for taking the time to meet with us on the lOth of June. We appreciate you positive comments regarding our plans for the development of the school property. We want to build a facility here that will blend in well with our community and our neighborhood. If you should have any other questions, be sure to call. Also, we will keep you informed as we progress. Sincerely, Kim W. Eldridge Director of Development P.S. We will be setting up a meeting with John and Lindy Telesio when Jim returns from his trip. te 31950 Pauba ~ I Temecula, California 92592 I 714,.676..8111 July 2, 1992 Mr, Ken Lewsader, President Villa Avanti H.O.A. c/o Elite Community Management 27710 Jefferson Avenue, Suite 106 Temecula, California 92590 Dear Ken: Jim Adare and I would like to thank you for taking the time to meet with us on the 17th of June. We appreciate your positive comments regarding our plans for the development of the school property and we hope the colored picture of the project was helpful to you in showing our plans to your board. As The Linfield School grows, we desire to be a good community neighbor and we would appreciate any concerns or comments as we progress. Thanks again. Sincerely, Mr. Kim W. Eldridge Director of Development 31950 Pauba Road / Temecuk, C.d/foma 92592 / 714-6764~111 FUND RALPH DORNETTE July 14, 1992 Mr. Karel Lindemans City of Temecula 43172 Business Park Dr. Temecula, CA 92390 To the Temecula Flanning Committee and City Council: As Chief Executive Officer of Church Development Fund and Founder of Christian Retirement living, Inc., I assure you of the v~=al interest of the Christian churches of the states of california and Arizona in the Senior-Oriented Residential Community of Temecula. We have been earnestly seeking a place for the senior members of our 250 churches in California and the 60 churches in Arizona. This development on the Linfield Christian School property appears tO be the ideal location. I have carefully perused the Market and Financial Analysis and Recommendation for this project prepared by the Arthur Anderson Co. of Los Angeles. I am most impressed with the quality and thoroughness of this presentation. It is my hope that the Planning Committee and City Council of Temecula will give the green light to this most needed development. The combination of Patio/Townhomes, Congregate Care and Skilled Personal CaTs complex will provide a unique community for the growing senior population of Southern california. We would be most pleased to direct the senior members of our churches to take residence in such a community. Mo ncere~ly rs, Ralp ornette RD: lrl A Financial Ministry Serving the Christian Churches of Calitornm 905 S. Euolid Street, Fullerton. Callforrtla 92632 Totophone: (714) 447-0804 · FAX (714) 447-8585