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Home My WebLink About111692 PC AgendaAGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING November 16, 1992 6:00 PM VAIL ELEMENTARY SCHOOL 29915 Mira Loma Drive Temecula, CA 92390 CALL TO ORDER: Chairman Fahey ROLL CALL: Blair, Ford, Hoagland, Chiniaeff, Fahey PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the commissioners on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item no.__t 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 state 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. COMMISSION BUSINESS 1. Approval of Agenda Minutes 2. 2.1 Approval of minutes of October 19, 1992 Planning Commition meeting. NON-PUBLIC HEARING Case No: Applicant: Location: Planner: Proposal: Transportation Demand Management/Air Quality Ordinance City of Temecula City Wide Tim Serlet Recommend that the Planning Commission review the Transportation Demand Management/Air Quality Ordinance and recommend adoption thereof to the City Council. PUBLIC HEARING 4. Case No: Applicant: Location: Proposal: Planner: Development Agreement No. 92-0013, Specific Plan No. 219, Amendment No. 3, Vesting Tentative Tract Maps: 24182 Amd. No. 3, 1st Extension of Tkne 24184 Amd. No. 3, 1st Extension of Time 24185 Amd. No. 3, 1st Extension of Time 24186 Amd. No. 5, 1st Extension of Time 24187 Amd. No. 3, 1st Extension of Time 24188 Amd. No. 3, 1st Extension of Time Addendure to Environmental Impact Report No. 235 Bedford Development Corporation South of Pauba Road, east of Margarita Road, west of Butterfield Stage Road and north of State Highway 79 south. Development Agreement No. 92-0013 A request for approval of a Development Agreement with a 10 year term, payment of development fees, improvements to parks and dedication of open space to the City of Temecula. Specific Plan No. 219, Amendment No..? A request for approval of an Amendment to the approved Specific Plan to add an 8 acre park and minor changes to the Specific Plan to make it consistent with the Tentative Maps and ensure consistency within all sections of the Specific Plan. Vesting Tentative Tract Maps A request for approval on: VTM 24182, Amd. No. 3, 1st EOT, 443 Single Family Residential, 21 Open Space and 4 Multi-Family Residential lots. VTM 24184, Amd. No. 3, 1st EOT, 198 Single Family Residential and 12 Open Space lots. VTM 24285, Amd. No. 3, Ist EOT, 351 Single Family Residential and 18 Open Space lots. VTM 24186, Amd. No. 5, 1st EOT, 445 Single Family Residential, 14 Open Space lots, and i Elementary School Site. VTM 24187, Amd. No. 3, 1st EOT, 363 Single Family Residential and 10 Open Space lots VTM 24288, Amd. No. 3, 1st EOT, 351 Single Family Residential, 26 Open Space lots, 1 Elementary School site and 1 Neighborhood Commercial lot. Saied Naar, eh Next meeting: November 23, 1992, 6:00 p.m., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. PLANNING DIRECTOR REPORT PLANNING COMMISSION DISCUSSION OTHER BUSINESS ADJOURNMENT ITEM #2 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MONDAY, OCTOBER 19, 1992 A regular meeting of the City of Temecula Planning Commission was called to order Monday, October 19, 1992, 6:00 P.M., at Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. The meeting was called to order by Chairman Linda Fahey. PRESENT: ABSENT: 5 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey 0 COMMISSIONERS: None Also present were Assistant City Attorney John Cavanaugh, Planning Director Gary Thornhill, Senior Planner Debbie Ubnoske, Senior Planner John Meyer and Minute Clerk Gall Zigler. PUBLIC COMMENTS None COMMISSION BUSINESS 1. Aooroval of Aoenda It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to approve the agenda as presented. The motion carried as follows: AYES: 5 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoag|and, Fahey NOES: 0 COMMISSIONERS: None Minutes of Seotember 21, 1992 Plannino Commission Meetino Debbie Ubnoske asked the Commission for clarification of the recommendation made regarding grading, Page 9, last paragraph. Commissioner Chiniaeff advised that it was his recommendation that trees be planted on the slol~es at the time of rough grading. Commissioner Ford requested his comments on Page 7, after the motion, be amended to read," ..... issues could be mitigated and prior to making a decision based on the material that was provided, further studies are needed for clarification." FCMIN';0/19/92 -1 - 10/30/92 L/ PLANNING COMMISSION MINUTES OCTOBER 19, 1992 Robert Righetti, Plan Check Engineer, amended Page 6, fourth paragraph as follows, "...Ynez Road and Santiago Road will be conditioned for 88 + foot right-of-way." It was moved by Commissioner Blair, seconded by Commissioner Ford to al~prove the minutes of September 21, 1992 as amended. The motion carried as follows: AYES: 5 COMMISSIONERS: NOES: 0 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey None NON-PUBLIC HEARING ITEMS 3. Public Use Permit No. 5 - Denial Resolution It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to approve Resolution No. 92-036 denying Public Use Permit No. 5, amending the Resolution with an additional finding under D-1 to read, "Due to the large concentration of churches/public uses in the immediate area". Commissioner Ford stated that D-1 -a. is not supported by statistical data and therefore should be deleted. Commissioner Ford added that when a property is considered for a church use it requires a public use permit, Finding (D-2), "that the zoning does not allow churches", would restrict any church from applying for a public use permit. The motion carried as follows: AYES: 3 COMMISSIONERS: Chiniaeff, Hoagland, Fahey' NOES: 2 COMMISSIONERS: Blair, Ford PUBLIC HEARING ITEMS 4. General Plan Gary Thornhill provided a brief introduction of the General Plan document. Karen Gulley, The Planning Center, provided an overview of the phases of the General Plan process as follows: · Project kick-off * Data collection, research, analysis · Issue/Opportunity area analysis PCMiN10/19/92 -2- 10130f02 PLANNING COMMISSION MINUTES OCTOBER 19, 1992 Alternative plans, policies and implementation measures Preparation of Draft General Plan and elements Draft Zoning Ordinance Public Hearings and Approvals John Meyer presented the staff report on the elements as follows: DRAFT PUBLIC SAFETY ELEMENT Chairman Fahey opened the public hearing at 6:45 P.M. Richard Moriki, 40445 Carmelita Circle, Temecula, asked the Commission to address acceptable levels of exhaust and noise pollution in terms of automobiles. John Meyer suggested that the issue of automobile exhaust and noise pollution be addressed under the Air Quality Element. Commissioner Ford questioned the need for specific areas to be listed under Dam Inundation. Karen Gulley suggested staff review the maps and compile more explicit data. Commissioner Hoagland stated that Item 2, Page 7-11, would have no impacts on the City of Temecula and should be deleted. A straw vote was taken and the Commission unanimously approved enhanced descriptions of flood zones subject to dam inundation and the deletion of Item No. 2, Page 7-11. DRAFT NOISE ELEMENT Richard Moriki, 40445 Carmelita Circle, Temecula, requested clarification of the acceptable levels of noise in a residential area, and what is unacceptable if a major development were to move into or near a residential area. John Dedovich, 39450 Long Ridge Drive, Temecula, expressed concern that the draft general plan document reveals Winchester Road is currently the second highest noise generating project and many residential areas will be greatly impacted when Winchester Road is improved to a six lane highway. Maria Hetzner, 40657 Carmelita Circle, Temecula, expressed concern that Meadowview will lose it's rural atmosphere if North General Kearney is improved to a four lane roadway. John Meyer advised that the policy states acceptable noise level standards as 45 CNEL-interior and 65 CNEL-exterior for residential uses. John Meyer added that Goal PCMIN10119192 -3- 10/30/92 PLANNING COMMISSION MINUTES OCTOBER 19, 1992 4 - "Minimize Noise Impacts From Transportation Noise Sources" - addresses the concerns expressed regarding increased noise impacts resulting from improvements to infrastructures. Gary Thornhill added that the City will have to look at areas where roads do not exist today because the County did not previously address circulation issues. Greg Treadway, 40550 Calle Madero, Temecula, stated that noise, public safety and traffic, air Quality and community design are all issues that are concerns of the Meadowview homeowners. A straw vote was taken and the Commission unanimously approved the Draft Noise Element as presented. DRAFT AIR QUALITY ELEMENT A straw vote was taken and the Commission unanimously approved the Draft Air Quality Element as presented. DRAFT COMMUNITY DESIGN ELEMENT Commissioner Ford suggested that Goal 4.4 be amended to require the citywide street tree and median/slope planting program include a diversity of species. John Dedovich, 39450 Long Ridge Drive, Temecula, expressed concern that Issue 6. (c.), page 10-16, did not provide adequate detail or explanation. Jane Vernon, 30268 Mercey Court, Temecula, expressed concern that there is no Goal to establish a requirement for water retention. John Meyer advised that staff received a letter from Melvin and Beverly Southward, Meadowview homeowners, expressing concern for adequate buffering of their rural horse property and the proposed Campoe Verde development which will be adjacent to their property. In their letter the Southwards state that the developer has proposed a 40' buffer zone between the two developments which the Southwards feel is unacceptable. They proposed a minimum 100' buffer with a better transition of rural horse property to residential. Maria Hetzner, 40657 Carmelita Circle, Temecula, questioned how the City plans to maintain the rural environment of Meadowview with the City's plan to place a four lane highway through open fields. Marty Andrews, Meadowview homeowner, stated that the residents of Meadowview want to keep the rural environment in Meadowview and throughout the City. PLANNING COMMISSION MINUTES OCTOBER 19. 1992 Gary Thornhill advised that the City Council is currently working on a Temporary Sign Ordinance which is designed to be more specific than the sign elements of the General Plan. Commissioner Chiniaeff suggested that language be inserted addressing the transition between multiple and single family houses on Page 10-9, (A). Commissioner Hoagland suggested Item E. under Implementation should not be included in the General Plan due to the level of controversy which it could bring about. Commissioner Chiniaeff and Chairman Fahey concurred. A straw vote was taken and the majority vote was to delete Item E. under Implementation. AYES: 3 NOES: 2 COMMISSIONERS: COMMISSIONERS: Chiniaeff, Hoagland, Fahey Blair, Ford It was the overall consensus of the Commission to direct staff to re-evaluate the requirements for buffering under the Draft Community Design Element and bring that issue back to the Commission with a more specific determination. Chairman Fahey declared a recess at 7:50 P.M. The meeting reconvened at 8:00 P.M. DRAFT ECONOMIC DEVELOPMENT ELEMENT Commissioner Chiniaeff clarified that Policy 6.4 should be deleted as stated under the Community Design Element. Jim Meyler, 29930 Santiago Road, Temecula, advised that he has requested that the City should take credit for the fact they have made a substantial contribution to the arts and 'the performing arts in the community and there should be encouragement of the development of performing arts facilities in the community. Mr. Meyler added that another concern would be the maintenance of some of the outstanding residential areas within the community such as Meadowview and Los Ranchitos. Richard Moriki, 40445 Carmelita Circle, Temecula, questioned if the City had any projected limits in the terms of "no growth". John Meyer advised that under Goal 6, policy 6.4 was added which states "Enhance the City's image through the development of cultural facilities including performing arts and museums". Commissioner Chiniaeff expressed concern regarding Item 7 on Page 11-11, regarding attracting a minor league baseball team. PLANNING COMMISSION MINUTES OCTOBER 19, 1992 Commissioner Hoegland suggested that more appropriate language might be "commercial" or "franchise" sports. A straw vote was taken and the overall consensus of the Commission to approve the Draft Economic Development Element amending Implementation Item 7 to address sports in general. DRAFT GROWTH MANAGEMENT/PUBLIC FACILITIES ELEMENT Commissioner Chiniaeff expressed his concern with regard to developments being required to set-aside land for religious institutions, C - (3) under implementation. John Meyer suggested amending Sections C - (3) with the word "designation" to replace "set-aside". Frank Klein, 30180 Santiago Road, Temecula, expressed concern that with the continued growth of the City, stating there will be an increase in crime and therefore need for increased law enforcement resources, especially in those areas designated as high density. Lettie Boggs, representing the Temecula Valley Unified School District, requested the following modifications to Goal 4 and policies: 4.1 Delete the words "with information". 4.2 Amend to read "Coordinate the phasing of project...". She also requested the Commission review policy 4.3 which does not have provisions which address a facility that is deemed inadequate. It was proposed by Commissioner Blair that the Commission agree to amend the Goals and Policies at the request of the school district. AYES: 2 COMMISSIONERS: Blair, Fahey NOES: 3 COMMISSIONERS: Chiniaeff, Ford, Hoagland Commissioner Hoagland stated that he was not clear on the responsibility of the City relative to drainage facilities. Karen Gulley stated that the intent is to take steps toward providing a Master Drainage Plan for Temecula Creek. The overall Consensus of the Commission was to amend Goal 7 - Policy 7.2 to read "Facilitate the preparation of a City of Temecule Master Drainage Plan....". PLANNING COMMISSION MINUTES OCTOBER 19, 1992 Karen Gulley explained that the levels of service are not specifically defined in the draft document at this time, however, part of the growth management strategy discusses the importance of establishing level of service standards. The policy recommends that the standards for police, fire and paramedic service be stated in response times and the personnel ratio. Chairman Fahey recommended that the second paragraph, last sentence under B. Police Protection Services, be corrected by replacing "this high level of service..." with "a high level of service...". Karen Gulley suggested that it could read "adopted level of service...". Commissioner Chiniaeff suggested that Goal 2, policy 2.1, details, should be provided under "Implementation" on the Growth Management Program. Commissioner Blair questioned if the statement on Page 6-7 regarding response times and personnel ratios was strong enough to direct the City in the matter of response times for police, because the City is currently very far away from that response time. Commissioner Blair added that she feels the Goal appears to indicate the City is satisfied with the current levels of service and she feels the City is not satisfied with the current standards. Mike Gray stated that when negotiating contracts with City's, the Fire Department uses the Fire Protection Master Plan which has a number of criteria used for setting response times. He suggested that the Fire Protection Master Plan be included in the General Plan as the standard setting document. It was the majority consensus of the Commission that staff work with the Fire and Sheriff's Departments and define the standards for establishing emergency response times as part of the implementation program. A straw vote was taken and the overall consensus of the Commission to approve the goals and policies under the Draft Growth Management/Public Facilities Element which were not amended. DRAFT OPEN SPACE/CONSERVATION ELEMENT Commissioner Ford suggested amending page 5-1, third paragraph as follows "but maintains viable agricultural land outside of the city" to read "encourage viable ....... ". Commissioner Ford expressed concern that Conservation of Resources language is very specific and restrictive in nature and not the general consensus. Leah Klotsas, 30650 Del Ray Road, Temecula, Meadowview homeowner, expressed concern that a trail is proposed on the MWD easement. These trails will go through private property and private backyards and in some areas the trail is very steep and PCMe410/1 gl92 -7- 10130/92 PLANNING COMMISSION MINUTES OCTOBER 19, 1992 dangerous.- Fred Buss, City of Murrieta Planning Department, 26442 Beckman Court, Murrieta, expressed the City of Murrieta's concern that the City of Temecula has a number of designations planned for an area which is in the sphere of influence of the City of Murrieta's General Plan. Mike Beal, 30010 Del Ray Road, Temecula, expressed concern that adding traffic along North General Kearney will create a potential for people driving across the bike trails. George Coriarty, 30535 Avenida Estrada, Temecula, expressed concern that a trail system traveling through Meadowview will cause an increase in noise, crime, trash, loss of privacy, increased liability, etc. Marty Andrew stated that he feels bringing public equestrian trails through Meadowview will have a negative impact on property values. Connie Coriarty, 30535 Avenida Eatfade, Temecula, suggested that the City should look at the Buie Development as an area for equestrian trails and park and not infringe on the Meadowview homeowners. Maria Hstzner, 40657 Carmelita Circle, Temecula, stated that the Meadowview homeowners do not want a public trail system, a four lane road and 8' buffer walls. John Meyer advised that staff received written letters opposing the trail system through Meadowview from Beverly and Mel Southward and Leroy and Peggy Starausley. Bill Campbell, 40620 Calle Madero, Temecula, stated that he feels the trail and four lane road will present safety problems in Meadowview. Commissioner Hoagland stated that he would support Section B. Establishment of Riding, Hiking, and Bicycle Trails, with the deletion of the last paragraph on Page 5-11 and the map that it refers to. Commissioner Ford suggested designating the trails on the map with the for bicycle and hiking with equestrian trails separated into compatible uses. Commissioner Hoegland reflected that he feels there has been no show of support for the trail system through Meadowview. Robert Righetti advised that if the City does not demonstrate how they can incorporate a circulation system, which decreases the amount of drive time, the City will eventually pay a very high price. PLANNING COMMISSION MINUTES OCTOBER 19, 1992 Commissioner Chiniaeff stated that a more appropriate location for equestrian trails might be along the aqueducts. Lorraine Show, 40702 La Colima, Temecula, stated that she did not feel that the issue of whether or not a trail system should run through Meadowview should be discussed by the Commission because it is private property. It was the overall consensus of the Commission that staff provide language stating that trails do not have to be multi-purpose, but can be where feasible; that the maps not be specific in their presentation of the possible trail systems but reflect existing trails and support the Parks and Recreation Commission's design of the e~luestrian, bike and hiking trails. Commissioner Chiniaeff stated that he felt many of the issues under Conservation of Resources were regional issues. Commissioner Ford expressed many concerns as well. Commissioner Hoagland recommended that the Conservation of Resources be re- written to address the concerns expressed by the Commission. Commissioner Hoagtand's recommendation was unanimously approvad by the Commission. Chairman Fahey continued the public hearing to November 2, 1992. PLANNING DIRECTOR REPORT Gary Thornhill reported that staff held a meeting with the Old Town Steering Committee and discussed a preferred land use alternative for the downtown area and circulation issues. Mr. Thornhill advised that staff will present an update to the Council and offered a presentation to the Commission. The Commission expressed their desire to see the presentation. PLANNING COMMISSION REPORT None OTHER BUSINESS None PLANNING COMMISSION MINUTES OCTOBER 19. 1992 ADJOURNMENT It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to adjourn at 10:30 P.M. The next regular meeting of the City of Temecula Planning Commission will be held November 2, 1992, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. Chairman Linda Fahey Secretary PC,MINlO/19/92 -10* 10130/92 ITEM #3 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION November 16, 1992 Case No.: Transportation Demand ManagemnentlAir Quality Ordinance Prepared By: ~'~ Tim D. Serlet, Director of Public Works/City Engineer RECOMMENDATION: Staff recommends that the Planning Commission review the attached Transportation Demand Management/Air Quality Ordinance and recommend adoption thereof to the City Council. DISCUSSION: When Proposition 111 passed in June, 1990, it established a process for each metropolitan ;county in California, including Riverside, to designate a Congestion Management Agency (CMA) to prepare a Congestion Management Program (CMP). In 1990, the Riverside County Transportation Commission (RCTC), was designated as the CMA for Riverside County in accordance with CMP legislation {AB 471 and AB 1791 amendments). Since that time, RCTC prepared its first CMP in coordination with the Technical Advisory Committee (TAC), the TAC CMP Subcommittee, the Western Riverside County Association of Governments (WRCOG), and the Coachella Valley Association of Governments (CVAG). The CMP was adopted by the Commission in September, 1991. The legislation established a number of new requirements governing the statewide process for planning and funding transportation improvements. The bills provide mechanisms to enhance the maintenance and improvement of local roads and highways and they emphasize funding transportation improvements. Further, they also emphasize funding for mass transit and congestion relief programs. Specifically, the CMP component is an effort to more directly link land use, transportation, and air quality, thereby prompting reasonable growth management programs that will more effectively utilize new transportation funds, alleviate traffic congestion and related impacts, and improve air quality. Section 65089(b)(3) of the Government Code requires: "A trip reduction and travel demand element that promotes alternative transportation methods, such as carpools, vanpools, transit, bicycles, and park-and-ride lots; improvements in the balance between jobs and housing; and other strategies, including flexible work hours and parking management prog~'ams." 1 pwO1~oteneomm%agende/92%1116~tdmeqord.ept 1109b Section 65089.3(a) further recluires that: "The CMA annually monitor the county and cities to insure that they are conforming to the Congestion Management Program, including, but not limited to adoption and implementation of a trip reduction and travel demand ordinance." The deadline for local agencies to adopt a TDM ordinance is December 31, 1992. The WRCOG of which Temecula is a member I~as prepared the attached model ordinance for its member agencies to consider. It should be noted that this model ordinance is simply that, a model that each local agency may modify to suit their own needs and recluirements. This ordinance establishes compliance with the minimum requirements of the CMP and the Air Quality Management Plan. FISCAL IMPACT: A review fee will need to be established to reimburse the City for costs associated with reviewing and monitoring the plans. Attachment: 1, Transportation Demand Management/Air Quality Ordinance - Blue Page 3 2 pw01 ~oisnoomm~sgends~92%l 116%tdmsqord.qat 1 I09b A i i ACHMENT NO. 1 TRANSPORTATION DEMAND MANAGEMENT/AIR QUALITY ORDINANCE pwO1 ~lafeomm%agenda;%92%1116%tdrnaqord.fl)t 11 OlD OI~,.DINA.NCE NO, ~2- AN ORDINANCE OF THE CITY OF TEMECULA RELATING TO MOBHi SOURCE AIR POLLUTION I~KnUCTION TttROUGH lm~.nUCING E1VIPIX)Y1vrR~Ff- ItELATED MOTOR VEHICLE TRIPS AND E1V[PLOYIvfENT- BRLATED MOTOR VEHICLE IVHLES TR~YI~Jj'I~D The City Council of the City of Temecula does hereby ordain as follows: Section 1. ~ The City Council of the City of Temccula hereby makes the following findings: residents. The City is committed to protecting the health, welfare and safety of our B. Poor air quality and congestion management is detrimental to the public health, welfare and safety. C. Mobile sources contribute significantly to the poor air quality in the City/County. D. The South Coast Air Quality Management Plan calls for Cities/Counties to reduce vehicle miles traveled and vehicle trips. E. The County and every City in the County is. required by state law to adopt and implement a Transportation Demand Management Ordinance which complies with standards and requirements established within the County's Congestion Management Program (CMP). F. Riverside County Transportation Commission, as Congestion Management Agency for Riverside County, has established requirements for new developments which could employ 100 or more persons. Section 2. Intent, A. This Ordinance is intended to protect the public health, welfare and safety by reducing air pollution and congestion caused by vehicle trips and vehicle miles traveled. Section 3. Definitions. A. "Alternate Work Schedules" means a variation from the traditional 5 day/40 hour work week to either a 4 day/40 hour or 9 day/80 hour work schedule. B. "Applicable Development" means any new or existing development that meets or exceed the employment threshold identified in Section 4. C. "Flex-time" means allowing employees to determine their own starting and quitting times by either extending the work day in the morning, or evening, or both. D. "Parking Management" means an action taken to alter the supply, operation and/or demand of parIcing facilities to force a shift from the single-occupant vehicle to earpool, vanpool, or other transportation mode. E. "Rideshare" means a transportation mode with multiple occupants per vehicle. F. "Telecommuting" means the employee forgoes a trip to the normal work site and instead, works from home or from a satellite office near home. Section 4. New Development. A. Applicability: This Ordinance is applicable to new employment generating developments that could employ 100 or more persons based upon the foliowing methodology: LAND USE CATEGORY GROSS SOUARE FEET/EMPLOYEE Retail Commercial 500 Square Feet/Employee Office/Professional 300 Square Feet/Employee Industrial/Manufacturing 500 Square Feet/Employee Warehouse 1,000 Square Feet/Employee HoteFMotel .5 Employees/Guest Room Hospital 300 Square Feet/Employee For mixed-use developments, the project employment factor shall be based upon the proportion of the development devoted to each land use. B. Standards: All applicable developments shall incorporate facilities and/or programs in their development plans sufficient to attain a twelve percent (12%) work-rehted trip reduction from the expected number of trips related to the project as indicated in the Trip Generation Handbook published by the Institute of Traffic Engineers (lYE). Trip reductions shall be calculated in accordance with standards established by Southern California Association of Governments (SCAG) and/or the South Coast Air Quality Management District (AQMD). C. Facilities. Facilities provided in accordance with the provisions of this Section may include, but are not limited to: 1. Preferential parking for carpool vehicles; 2. Bicycle parking and shower facilities; 3. Information center for transportation alternatives; 4. Rideshare vehicle loading areas; 5. Vanpool vehicle accessibility; 6. Bus Stop improvements; 7. On-site child care facilities; 8. Local TSM and road improvements; 9. Facilities to encourage telecommuting; 10. Contributions to support regional facilities designed to reduce vehicle trips and miles waveled; and 11. On-Site amenities such as cafeterias and restaurants, auWmated teller machines, and other services that would eliminate the need for additional trips. D. Trip Reduction Plan Option: Proponents for new development proposals shall submit Trip Reduction Plans and/or design features specified in Section 5 of this Ordinance to achieve trip reduction requirements of this Section. Said plan shall be approved prior to the issuance of occupancy permits. Agreements to secure implementation of such plans shall become a condition of development and shall be recorded with the Deed of Trust for the property. Section 5. Existing Development. A. Applicability: This Ordinance is applicable to all employers that employ 100 or more persons. B. Trip Reduction Plans: All applicable developments or businesses shall submit a Trip Reduction. Plan to reduce work-related vehicle trips by twelve percent (12%). Said plan shall be submitted within 120 days from the issuance and/or renewal of the business license. p:~p"' k'," 3 C. Trip Reduction Methods: Any combination of the following methods may be utilized to achieve the required vehicle trip reduction: 1. Alternate Work Schedules/Flex-Time a. Office/Professional, Industrial, Manufacturing, Warehouse (1) Incorporate alternate work schedules and flex-time programs. (Adoption of 9/80 work schedule for an employees would account for a ten percent (10%) reduction in vehicle trips.) b. aospi (1) Incorporatealternateworkschedulesand~ex-timeprograms for employees that normally work between the hours of 8:00 a.m. and 5:00 p.m. 2. Telecommuting a. Office/Professional (1) Office facilities 25,000 square feet or larger may preserve five percent (5%) of the gross floor area for telecommuting purposes to allow tenants with multiple facilities to establish satellite work centers. (2) Establish telecommuting or work-at*home programs to allow employees to work at a home or a satellite work center either one day per week or one day every two weeks. (3) Through the telecommuting or work-at-home pwgram, provide incentives or offset employee costs in acquiring the needed equipmenf and supplies for telecommuting. b. All Other Uses (1) Establish telecommuting or work-at-home programs for selected employees (i.e., certain clerical or administrative employees). (2) Through the telecommuting or work-at-home program, provide incentives or offset employee costs in acquiring the needed equipment and supplies for telecommufing. 3. Bicycle Facilities a. All Uses (1) Pwvide bicycle parking facilities equivalent to five percent (5 %) of the total required auWmobile parking spaces. (2) Preserve two percent (2%) of the gross floor area for employee locker and shower facilities. Parking Management a. An Uses (1) Designate, with signs in lieu of painted pavement, employee parking area based upon the following ratios: (a) (c) Office/Professional: 75% of required parking Commercial Retail: 30% of required parking Industrial/Manufacturing/Warehouse: 80% required parking of (d) Hospital: ?0% of required parking (2) Designate with signs, in lieu of painted pavement, twenty- five percent (25%) of employee parking for carpools and vanpools. (3) Offer financial or other incentives to employees who participate in ridesharing or an alternative mode of transportation other than the single occupant vehicle. (4) Establish a parking surcharge on the single occupant vehicle. 5. Mass Transit Facility Usage a. All Uses (I) Provide incentives to employees to use Mass Transit Facilities. Incentives could include provision of a bus pass, additional pay, flex-time or any other incentive which encourages employees to use mass transit in lieu of the single occupant vehicle. 6. Truck Dispatching, Rescheduling and Re-Routing a. Commercial and Industrial Uses (1) Establish delivery schedules and truck routing to avoid congested art,As and minimize peak hour travel. D. Other Measures: Any other method or measure which can exhibit a reduction in vehicle trips shall be credited toward attaining the requirements of this Ordinance. E. Enforcement: Upon approval of the applicable Trip Reduction Plan, if there is future noncompliance with this Ordinance, or exhibited failure to implement the Trip Reduction Plan, one or more of the following provisions shall apply: Exercise a lien, based upon the terms of the agreement, on the subject 2. A monetary penalty compounded on a monthly basis upon the length of time of noncompliance equal to the business license renewal fee. Section 6. Fee. A. A trip reduction plan review fee payable at the time of initial submittal or annual review shall be required. This fee shall be used to defray the costs of processing and reviewing each individual trip reduction plan. Section 7. Compliance with AOMD Reg XV. A. Initial Trip Reduction Plans approved by the City under the pwvisions of this Ordinance for new employers shall constitute compliance with Regulation XV provided such programs have been determined sufficient to meet AVR targets of 1.5. Monitoring and annual reporting requirements shall continue to be the responsibility of AQMD and individual employers in accordance with rules and procedures established by the AQMD. Section 8. Voluntary Plans and Program. A. Employers which employ fewer than I00 people will be encouraged by the City to submit Trip Reduction Plans on a voluntary basis to achieve an overall trip reduction within the City of twelve percent B. The City Manager or his representative shall be responsible for developing effective incentive programs which promote voluntary programs to reduce vehicle trips and miles traveled. Section 9. Effective Date. A. This Ordinance shall be in full force and effect thiroy (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted and published as required by hw. PASSED, APPROVED, AND ADOFrED, this __. day of 1992. A'ffP, ST: Patricia H. Birdsall, Mayor June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) C1TY OF TEMECULA ) SS I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 92-__ was duly introduced and placed upon its 'first reading at a regular meeting of the City Council on the __ day of ,1992, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the day of ,1992, by the following roll call vote: COUNCILMEMBERS: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ITEM #4 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION November 16, 1992 CASE NO.: Planning Application No. 92-0013 (Development Agreement) Specific Plan No. 219, Amendment No. 3, First Extensions of Time for Vesting Tentative Tract Map No. 24182, Amendment No. 3, Vesting Tentative Tract Map No. 24184, Amendment No. 3, Vesting Tentative Tract Map No. 24185, Amendment No. 3, Vesting Tentative Tract Map No. 24186, Amendment No. 5, Vesting Tentative Tract Map No. 24187, Amendment No. 3, Vesting Tentative Tract Map No. 24188, Amendment No. 3 (East Side Maps), and EIR No. 235 Addendum. PREPARED BY: Saied Naaseh RECOMMENDATION: RECOMMEND Adoption of Resolution No. 92- recommending Approval for: Planning Application No. 92-0013 (Development Agreement) Specific Plan No. 219, Amendment No. 3, First Extensions of Time for Vesting Tentative Tract Map No. 24182, Amendment No. 3, Vesting Tentative Tract Map No. 24184, Amendment No. 3, Vesting Tentative Tract Map No. 24185, Amendment No. 3, Vesting Tentative Tract Map No. 24186, Amendment No. 5, Vesting Tentative Tract Map No. 24187, Amendment No. 3, Vesting Tentative Tract Map No. 24188, Amendment No. 3 (East Side Maps), and Certification of the Addendum to EIR No. 235 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: Bedford Development Corporation REPRESENTATIVES: Turrini and Brink Planning Consultants Robert Bein, William Frost and Associates PROPOSAL: A request for approval of a Development Agreement to collect City Public Facilities Fee ($3,000.00 for residential and an agreement for non-residential), collect Interim Public Facilities Fee for two (2} years from the effective date of this agreement, improve and dedicate to the City of Temecula certain parks and open space areas to satisfy the Quimby Act requirements; a request for approval of an Amendment to Specific Plan No. 219 to add an 8.0 acre park to Planning Area No. 6 and increase the target density of that Planning Area from 15.6 dwelling units per acre to 19.7 dwelling units per acre and to maintain the total dwelling units of this Planning Area to 590, to make the Specific Plan consistent with the East Side Maps and to make all the sections of the Specific Plan consistent with each other by making minor changes to the graphics and the text of the Specific Plan; and a request for approval of the First Extensions of Time for the East Side Maps to create a total of 2,151 single family residential lots, 101 open space lots, 4 multi-family lots, 1 neighborhood commercial lot and 2 elementary school sites. LOCATION: South of Pauba Road, east of Margarita Road, north of State Highway 79 and west of Butterfield Stage Road. EXISTING ZONING: Specific Plan SURROUNDING ZONING: North: South: East: West: Specific Plan No. 199 County R-A- 2 ~ R-l, R-4-5,000, R-4-6,000, R-5, R-A-2, A-1-10, C-P-S PROPOSED ZONING: N/A EXISTING LAND USE: Single Family Residential and Vacant SURROUNDING LAND USES: North: South: East: West: School, Single Family Residential and Vacant Vacant Vacant Single Family Residential and Vacant PROJECT STATISTICS Development Aareement Life of the Development Agreement - 10 years Specific Plan Amendment Area Units 1,391.5 5,604 Vestinq Tentative Tract Maps Single Open Multi- Neighborhood Area Family Space Family Commercial (Acres) (Units) (Lots) (Lots) (Lots) Schools (Lots) VII 24182 136.2 443 21 4 0 0 VTT24184 54.0 198 12 0 0 0 VTT24185 95.0 351 18 0 0 0 VTT24186 114.1 445 14 0 0 1 VTT24187 74.6 363 10 0 0 0 VTT24188 127.1 351 26 ~ ! Z 601 2,151 101 4 1 2 BACKGROUND Development Aoreement Development Agreement No. 4 was approved by the County of Riverside on September 6, 1988 (refer to Attachment No. 10). More recently, Bedford filed an application for a new Development Agreement (P.A. 92-0013). This application was filed as a result of the Memorandum of Understanding (MOU) signed between the City of Temecula and Bedford Development Corporation on August 11, 1992 (see Attachment Nos. 7, 8 and 9). Specific Plan Amendment Amendment No. 3 was made necessary by the MOU and adds an 8.0 acre park to Planning Area No. 6. Furthermore, as described below, the amendment was necessary to bring the East Side Maps into conformance with the Specific Plan and also to make the internal sections of the Specific Plan consistent with each other. Extensions of Time for East Side Maps The East Side Maps were approved by the Riverside County Board of Supervisors on September 26, 1989. In reviewing the request for the extensions of time for the East Side Maps, Staff discovered inconsistencies between the approved maps and the Specific Plan. Furthermore, inconsistencies within the approved Specific Plan were discovered. Therefore, numerous minor changes were necessary to the maps to make them consistent with the Specific Plan and in some cases minor changes were made to the graphics and text of the Specific Plan to clarify the intent of the Specific Plan which resulted in the Specific Plan Amendment. At the April 20, 1992 Planning Commission Workshop, Staff requested direction from the Planning Commission on a number of issues (refer to A~achment Nos. 5 and 6). The following table summarizes these issues and the direction received by the Planning Staff from the Planning Commission: ISSUE Requirement of an Acoustical Study prior to approval of the First Extensions of Time for the East Side Maps. Requirement of Landscape Development Zones (LDZs) along school sites. Requirement of a 32 foot LDZ along Butterfield Stage Road. Requirement of traffic signals at key intersections. PLANNING COMMISSION DIRECTION Prepare the study and incorporate the recommendations in the design and Conditions of Approval for the Maps. Eliminate the LDZs along school sites by amending the Specific Plan. Amend the maps if increasing LDZs does not require substantial re-engineering of the maps; otherwise amend the Specific Plan to require a smaller LDZ and permit construction of single story single family dwellings if the 32 foot LDZ is not provided. Provide traffic signals where necessary. PROJECT DESCRIPTION A request for approval of a Development Agreement to collect City Public Facilities Fee ($3,000.00 for residential and an agreement for non-residential), collect Interim Public Facilities Fee for two (2) years from the effective date of this agreement. improve and dedicate to the City of Temecula certain parks and open space areas to satisfy the Quimby Act requirements; a request for approval of an Amendment to Specific Plan No. 219 to add an 8.0 acre park to Planning Area No. 6 and increase the target density of that Planning Area from 15.6 dwelling units per acre to 19.7 dwelling units per acre and to maintain the total dwelling units of this Planning Area to 590, to make the Specific Plan consistent with the East Side Maps and to make all the sections of the Specific Plan consistent with each other by making minor changes to the graphics and the text of the Specific Plan; and a request for approval of the First Extensions of Time for the East Side Maps to create a total of 2,151 single family residential lots, 101 open space lots, 4 multi-family lots, 1 neighborhood commercial lot and 2 elementary school sites. ANALYSIS Development Aareement (DA) The main purpose of the DA is to set an interim City Public Facilities Fee of ~3,000.00 for all residential development within Specific Plan No. 219, Amendment No. 3 and collect a non- residential fee that will be determined at a later date. Furthermore, the DA identifies certain parks and open spaces to be dedicated to the City. The type of improvements and the timing S%STAFFRPT~4182ALLPC 4 of these improvements are also identified. These parks and open space areas include active and passive parks, paseo green belts and Landscape Development Zones (LDZs) including monuments. Four major parks will be developed, two on the west side of Meadows Parkway and two on the east side. The Westside Parks (8.0 acres and 7.74 acres) are intended to serve the residents on the west side of Meadows Parkway. The 8.0 acre park will be completed by June 30, 1993 and the 7.74 acre park will be completed prior to issuance of the building permit for the 2,375th unit on the west side. It should be noted that the MOU required the completion of the 8.0 acre park by March 31, 1993. The Eastside Parks (7.4 acres and 9.35 acres) are intended to serve the residents on the east side of Meadows Parkway. The 7.4 acre park will be completed prior to issuance of the 100th combined building permit for Tracts 24182,24184, 24185 and 24186. The 9.35 acre park will be completed prior to issuance of the 100th building permit for Tracts 24187 and 24188, In addition to the large parks, a number of small passive parks will be developed. These parks are intended to serve their immediate neighborhood. The timing for their development is tied to the tracts that they are located in. They have to be completed prior to issuance of the 50th percent of building permits in their respective tracts. Additional open space will consist of greenbelt paseos and LDZs. Greenbelt paseos will act as the connectors of all the components of this Specific Plan including all the major parks, passive parks, schools, commercial areas and the different neighborhoods. Furthermore, they provide a buffer between single family dwellings. They will be landscaped and provided with either an eight foot or five foot wide sidewalk. The timing for their development is also tied to the tracts they are located in. Furthermore, just like small passive parks, they have to be completed prior to issuance of the 50th percent of building permits in their respective tracts. Landscaped Development Zones are landscaped areas next to collector streets and above. They will be fully landscaped with a 12 foot wide meandering combinatlJan sidewalk and bike trail or a 6 foot fixed sidewalk. Furthermore, at key intersections, a series of monuments are designed to define the project and each neighborhood. For purposes of defining the timing for completion of these LDZs, they have been divided into major and minor LDZs. The major LDZs are located along Pauba Road, Butterfield Stage Road, Margarita Road, State Highway 79, DePortola Road and Meadows Parkway, These LDZs will be completed as soon as full street improvements are in place. In the case ofthe perimeter streets (Butterfield Stage Road, Margarita Road, State Highway 79 and Pauba Road) full street improvements apply only to half the street width on the project side. All other LDZs will be completed prior to issuance of the final building permit in each phase of the respective Final Map. Specific Plan Amendment This amendment basically accomplishes two things: 1) to add the 8.0 acre park and 2) to "clean up" the text and the graphics of the Specific Plan to make all its sections consistent with each other. The addition of the park is a positive amenity to the area; however, this addition will cause a higher density in Planning Area 6 since the total number of units is still at 590. With the addition of the park, the density for this Planning Area will increase from 15.6 to 19.7 dwelling units per acre (DU/AC) which is still within the 14-20 DU/AC range of the Very High Density Zoning of the Specific Plan. If the density were to remain 15.6 DU/AC, only 465 units would be allowed, a loss of 125 dwelling units. East Side Maps, FirSt Extensions of Time These maps were approved by the County of Riverside and through the City's review process of the Extensions of Time, the maps were discovered to be inconsistent with the Specific Plan. These maps are now consistent with the Specific Plan. EXISTING ZONING, SWAP AND FUTURE GENERAL PLAN The existing zoning and the SWAP designation for the site are Specific Plan No. 219. The proposed projects are consistent with the zoning and SWAP designations. The future General Plan designation is Low Medium Density Residential, High Density Residential, Neighborhood Commercial; Community Commercial and Public Institutional. The proposed projects are consistent with these designations. ENVIRONMENTAL DETERMINATION Environmental impact Report (EIR) No. 235 did not evaluate the impacts of a Development Agreement. Furthermore, the proposed changes to the Specific Plan and the Extensions of Time for the East Side Maps required further environmental assessment. Since the proposed project does not change any of the impacts identified in EIR No. 235, an addendum to EIR No. 235 has been prepared (refer to Attachment No. 4). SUMMARY/CONCLUSIONS The proposed Development Agreement has been prepared to implement the MOU. The timing fo~ construction of all open space has been altered from that of the MOU. This new timing schedule will actually speed up the improvements of the open space within Paloma Del Sol. The proposed Specifie, Plan Amendment entails a number of revisions; however, the density increase of Planning Area 6 from 15.6 to 19.7 dwelling units per acre is the major issue. This new density is still within the density range of Very High Density Zoning of the Specific Plan. The proposed Extensions of Time for the East Side Maps are now consistent with the Specific Plan and provide a network of open space and trails for a recreation oriented community as required by the Specific Plan. The Addendure to the EIR identified no changes in the impacts identified in the original EIR No. 235. FINDINGS PlanninQ Application No. 92-0013 (Develooment AQreement) 1. The City is proceeding in a timely fashion with the preparation of its General Plan. There is a reasonable probability that the project will be consistent with the General Plan proposal presently being considered, since the project will be compatible with surrounding uses and will carry out the policies intended for the General Plan. There is little or no p[obability of substantial detriment to or interference with the future adopted general plan if the project is ultimately inconsistent with the plan, since this project will not have a negative impact on the surrounding uses. The project complies with all other applicable requirements of state law and local ordinances. 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. These impacts have been found not to be different from those impacts identified in EIR No. 235. Specific Plan No. 219, Amendment No. 3 There is a reasonable probability that Specific Plan No. 219, Amendment No. 3 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request is consistent with the SWAP Designation of Specific Plan and is in substantial conformance with Specific Plan No. 219, Amendment No. 2. There is not a likely probability of substantial detriment to or interference with the future General Plan, if Specific Plan No. 219, Amendment No. 3 is ultimately inconsistent with the plan, due to the fact that approval of such an amendment will ensure orderly development of the area and the significant environmental impacts have been mitigated. m The project is compatible with surrounding land uses of schools and single family residential since it is separated by wide streets with substantial landscaping to reduce the visual impacts and other impacts have been reduced to a level of insignificance. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 219, Amendment No. 2. The project will have a positive impact on the surrounding land uses since it is introducing an additional new park to the area. The changes proposed in the approved Specific Plan are very minor and do not change the total number of units or the overall intensity of the development. East Side Maos (Vesting Tentative Tract Map No. 24182, Amendment No. 3; Vesting Tentative Tract Map No. 24184, Amendment No. 3; Vesting Tentative Tract Map No. 24185, Amendment No. 3; Vesting Tentative Tract Map No. 24186, Amendment No. 5; Vesting Tentative Tract Map No. 24187, Amendment No. 3; Vesting Tentative Tract Map No. 24188, Amendment No. 3) There is a reasonable probability that the East Side Maps will be consistent with the City's future General Plan, which wilF 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. Furthermore, the proposed density of the project is consistent with the future General Plan Land Use Designation of Low Medium Density Residential, Commercial and Public Institutional. There 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 surrounding land uses are single family dwellings, schools and vacant land. The proposed use or action as conditioned complies with State planning and zoning laws. Reference local Ordinances No. 348,460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). The Planning Commission has considered the effect of its action upon the housing needs of the region and has balanced these needs against the public service needs of the residents and available fiscal and environmental resources (Gov. Cod Section 66412.3) and finds that the project density is consistent with SWAP and the future General Plan. Additionally, it will provide more diversity in the housing type available to the residents of the City of Temecula. The proposed project will not result in discharge of waste into the existing sewer system that is in violation of the requirements as set out in Section 13,000 et seq. of the California Water Code since the project has been conditioned to comply with Eastern Municipal Water District's requirements. The design of the subdivisions provide to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivisions (Gov. Code Section 66473.1) by limiting the height of the future structures to 40 feet and requiring setbacks according to the R-1 standards. The project has acceptable access by means of dedicated right-of-way and as conditioned. The project is consistent with the intent of the original project approved by the County of Riverside. The maps are consistent with the provisions of Specific Plan No. 219, Amendment No. 3. 10. 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: RECOMMEND Adoption of Resolution No. 92- recommending Approval for: Development Agreement no. 92-0013, Specific Plan No. 219, Amendment No. 3, First Extensions of Time for Vesting Tentative Tract Map No. 24182, Amendment No. 3, Vesting Tentative Tract Map No. 24184, Amendment No. 3, Vesting Tentative Tract Map No. 24185, Amendment No. 3, Vesting Tentative Tract Map No. 24186, Amendment No. 5, Vesting Tentative Tract Map No. 24187, Amendment No. 3, Vesting Tentative Tract Map No. 24188, Amendment No. 3 (East Side Maps), and Certification of the Addendum to EIR No. 235 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. S'~STAFFRFT~4182ALLPC 9 Attachments: 9. 10. 11. Resolution No. 92- - blue page 11 Conditions of Approval for: - blue page 18 A. Vesting Tentative Tract Map No. 24182, Amendment No. 3 B. Vesting Tentative Tract Map No. 24184, Amendment No. 3 C. Vesting Tentative Tract Map No. 24185, Amendment No. 3 D. Vesting Tentative Tract Map No. 24186, Amendment No. 5 E. Vesting Tentative Tract Map No. 24187, Amendment No. 3 F. Vesting Tentative Tract Map No. 24188, Amendment No. 3 Exhibits - blue page 128 A. Vicinity Map B. SWAP C. Zoning D. Specific Plan No. 219, Amendment No. 3, Land Use Map El. Vesting Tentative Tract Map No. 24182, Amendment No. 3, 1st EOT E2. Vesting Tentative Tract Map No. 24184, Amendment No. 3, 1st EOT E3. Vesting Tentative Tract Map No. 24185, Amendment No. 3, 1 st EOT E4. Vesting Tentative Tract Map No. 24186, Amendment No. 5, I st EOT ES. Vesting Tentative Tract Map No. 24187, Amendment No. 3, 1st EOT E6. Vesting Tentative Tract Map No. 24188, Amendment No. 3, 1 st EOT Addendum to EIR No. 235 - page 129 Planning Commission Staff Report, Direction on East Side Maps, April 20, 1992 - blue page 131 Planning Commission Minutes, April 20, 1992 - blue page 132 City Council Staff Report, Memorandum of Understanding, AugUst 11, 1992 - blue page 133 City Council Minutes, August' 11, 1992 - blue page 134 Planning Application No. 92-0013 (Development Agreement) - blue page 139 Development Agreement No. 4 - blue page 136 Specific Plan No. 219, Amendment No. 3 - blue page 137 S%STAFFRvT~4182ALLPC 10 ATTACHMENT NO. 1 RESOLUTION NO. 92- 11 A'ri'ACHIViF2,.FF NO. 1 RESOLUTION NO. 92- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF Planning Application No. 92-0013 (Development Agreement) SPECIFIC PLAN NO. 219, AMENDMENT NO. 3, THE FIRST EXTENSIONS OF TIME FOR VESTING TENTATIVE TRACT MAP NO. 24182, AlvfF~NDIVIENT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24184, AMENDMENT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24185, AMENDMENT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24186, AMEND1VIENT NO. 5, VESTING TENTATIVE TRACT MAP NO. 24187, AMENDIvn~-NT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24188, AMENDIv~-NT NO. 3 (EAST SIDE MAPS), AND CERTIF/ING THE ADDENDUM TO Ell NO. 235; TO APPROVE A DEVELOPIVfENT AG]~]:~g-NT Bgl=wq~-N BEDFORD DEVELOP1VIENT CORPORATION AND THE CI1Y OF TEIVIECULA FOR A 'i'll YEAR PIOD, TO COI .LgCT DEVELOPMENT Fh'~_~, RECEIVE C]~g. nlT FOR QUIMBY ACT REQUIREIVfF_2qTS BY DEVELOPING AND DEDICATING PUBLIC PARKS AND OPEN SPACE, AND THE TIMING OF I1VIPROVEIVIENTS; AN AImuWDMENT TO SPECIFIC PLAN NO. 219 TO ADD AN EIGHT ACRE PARK TO PLANNING AREA 6, TO MAKE THE SPECIFIC PLAN CONSISTENT WITH THE EAST SIDE MAPS AND TO MAKE .td .L THE SECTIONS OF THE SPECIFIC PLAN CONSISTENT WITH FACH OTI~R; TO CREATE 443 SINGLE FAMILY RESIDEN'IIAL, 21 OPEN SPACE AND 4 IVIULTIFAMILY LOTS (VESTING TENTATNE TRACT MAP NO. 24182, ~MENT NO. 3), 198 SINGLE FAMILY RESIDF, NTIAL, 12 OPEN SPACE LOTS (VESTING TENTATIVE TRACT MAP NO. 24814, AM~-NDMENT NO. 3), 351 SINGLE FANmY RF, SIDENTIAL, 18 OPEN SPACE LOTS (VESTING TENTATIVE TRACT MAP NO. 24185, AMENDMENT NO. 3), 445 SINGI .g- FAMH.Y RESIDENTIAL, 14 OPEN SPACE AND 1 h'7.h'~IENTARy SCHOOL LOTS (VESTING TENTATIVE TRACT MAP NO. 24186, AMEND~ NO 5), 363 SINGLE FAMILY RESIDENTIAL, 10 OPEN SPACE LOTS (VESTING TENTATIVE TRACT MAP NO. 24187, AMENDMENT NO. 3), 351 SINGLE FAMILY RESIDENTL~L, 26 OPEN SPACE, 1 ~J.gMI~_~ARy SCHOOL, AND I NEIGHBORHOOD COMMERCIAL LOTS (VESTING TENTATIVE TRACT MAP NO. 24188, ~lVIENT NO. 3) AND TO CERTIFY AN ADDENDUM TO RrR NO. 235 DETERMINING NO ADDITIONAL IMPACTS AS A RESULT OF THE APPROVAL OF ~ DEVELOPMENT AGI~gg~fi~NT, THE SPECIFIC PLAN AM~-NDMENT AND THE EXTENSION OF TIME FOR THE EAST SIDE MAPS. WRY~REAS, The Bedford Development Corporation ~ed Planning Application No. 92- 0013 (Development Agreement) Specific Plan No. 219, Amondmont No. 3, The First Extensions of Time for Vesting Tentative Tract Map No. 24182, Amendment No. 3, Vesting Tentative Tract Map No. 24184, Amendment No. 3, Vesting Tentative Tract Map No. 24185, Amendment No. 3, Vesting Tentative Tract Map No. 24186, Amendment No. 5, Vesting Tentative Tract Map NO. 24187, Amendment No. 3, Vesting Tentative Tract Map No. 24188, Amendment No. 3 in accordance with the Riverside County Iand Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; $~STAFFIqPT'~4182ALLPC 12 WHEREAS, said applications were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said applications on November 16, 1992, at'winch time interested persons had an opportunity to testify either in suppen or opposition; W~w. REAS, at the conclusion of the Commission hearing, the Commission recommended approval of said applications; NOW, Tln~ti~ORE, ~ PLANNING COMMISSION OF ~ CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. F~ 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 requix~ment that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: 1. The city is proceeding in a timely fasinon with the preparation of the general plan. 2. The planning agency finds, in approving projects and taiclng other actions, including the issuance of building penits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or'winch will be studied within a reasonable time. b. There 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 amended by the Southwest Area Community Plan, (hereina~er "SWAP") was adopted prior to the incorporation of Temecuh 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 SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. S~,STAm4182ALL.PC 13 C. The Planning Commission in recommending approval of said applications makes the following findings, to wit: PLanning Application No. 92-0013 (Development Agreement) General Plan. The City is proceeding in a timely fashion with the preparation of its 2. There is a reasonable probability that the project wffi be consistent with the General Plan proposal presently being considered, sinco the project will 'be compatible with surrounding uses and wffi carry out the policies intended for the General Plan. 3. There is little or no probability of substantial dci~iment 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. These impacts have been found not to be difforent from those impacts identified in EIR No. 235. Specific Plan No. 219, Amendment No. 3 1. There is a reasonable probability that Specific Plan No. 219, Amendment No. 3 will be consistent with the City's future General Plan, which wffi be completed in a reasonable time and in accordance with State law, due to the fact that the subject request is consistent with the SWAP Designation of Specific Plan and is in substantial conformanco with Specific Plan No. 219, Amendment No. 2. 2. There is not a likely probability of substantial detriment to or interference with the future General Plan, ff Specific Plan No. 219, Amendment No. 3 is ultimately inconsistent with the plan, due to the fact that approval of such an amendment wffi ensure orderly development of the area and the significant environmental impacts have been mitigated. 3. The project is compatible with surrounding land uses of schools and single family residential since it is separated by wide streets with substantial landscaping to reduce the visual impacts and other impacts have been reduced to a level of insignificance. 4. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 219, Amendment No. 2. $',STA~4182ALL.PC 14 5. The project will have a positive impact on the surrounding land uses since it is introducing an additional new park to the area. 6. The changes proposed in the approved Specific Plan are very minor and do not change the total number of units or the overall intensity of the development. East Side Maps (Vesting Tentative Tract Map No. 24182, Amendment No. 3; Vesting Tentative Tract Map No. 24184, Amendment No. 3; Vesting Tentative Tract Map No. 24185, Amendment No. 3; Vesting Tentative Tract Map No. 24186, Amendment No. 5; Vesting Tentative Tract Map No. 24187, Amendment No. 3; V{sting Tentative Tract Map No. 24188, Amendment No. 3) I. There is a reasonable probability that the East Side Maps will be consistent with the City's fixture 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. Furthermore, the proposed density of the project is consistent with the fixture Genoral Plan Land Use Designation of Low Medium Density Residential, Commercial and Public Institutional. 2. There is not a likely probability of substantial d~i~h-nent to, or interference with the City's fixture Gencxal Plan, if the proposed use is ultimately inconsistent with the Plan, since the surrounding land uses arc single family dwellings, schools and vacant land. 3. The proposed use or action as conditioned complies with State planning and zoning laws. Reference local Ordinances No. 348, 460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). 4. The Planning Commission has considered the effect of its action upon the housing needs of the region and has balanced these needs against the public service needs of the residents and available fiscal and environmental resources (Gov. Cod Section 66412.3) and finds that the project density is consistent with SWAP and the fixture General Plan. Additionally, it will provide more diversity in the housing type available to the residents of the City of Tcmecula. 5. The proposed project will not result in discharge of waste into the existing sewer system that is in violation of the requirements as set out in Section 13,000 ct seq. of the California Water Code since the project has been conditioned to comply with Eastern Municipal Water District's requirements. 6. The design of the subdivisions provide to the extent feasible, for fixture passive or natural heating or cooling opportunities in the subdivision (Gov. Code Section 66473.1) by limiting the height of the fixture structures to 40 feet and requiring setbacks according to the R-1 standards. as conditioned. The project has acceptable access by means of dedicated right-of-way and S~TAFFRPT~4182AU, PC 15 8. The project is consistent with the intent of the original project approved by the County of Riverside. 9. The maps are consistent with the provisions of Specific Plan No. 219, Amendment No. 3. 10. 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. D. As conditioned pursuant to Section 3, the gait Side Maps are compatible with the health, safety and weftaxe of the community. Addendum to Environmental Impact Report No. 235 The Addendum was prepared since the proposed project does not' change any of the impacts identified in ~,s ~ No. 235. Section 2. Environmental Compliance. An addendum has been p~pared for this project which identified no additional impacts as a result of the changes in the project. Therefore, staff has recommended Certification of the Addendure to ~ No. 235. Section 3. Conditions. That the City of Temecuia .Planning Commission hereby recommends approval of Development Agreement 92-0013, Specific Plan No. 219, Amendment No. 3, First Extensions of Time for the East Side Maps (Vesting Tentative Tract Map No. 24182, Amendment No. 3; Vesting Tentative Tract Map No. 24184, Amendment No. 3; Vesting Tentative Tract Map No. 24185, Amendment No. 3; Vesting Tentative Tract Map No. 24186, Amendment No. 5; Vesting Tentative Tract Map No. 24187, Amendment No. 3 and Vesting Tentative Tract Map No. 24188, Amendment No. 3 located to the south of Pauba Road, nonIt of State Highway 79, west of Butterfield Stage Road and east of Margaxita Road subject to the following conditions: A. Attachment No. 2, attached hereto. S',STA~4'I82AI,,LPC 16 Section 4. PASSED, APPROVED AND ADOPTED this 16th day of November, 1992. LINDA FAHEY CHAIRMAN STATE OF CAI-WORNIA) COUNTY OF RIVERSIDE) SS CITY OF 'rF. MF. CULA) I gI~RF. Ry CERTII~y that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temeeula at a regular meeting thereof, held on the __ day of , 199 by the following vote of the Commission: PLAI~NING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: GARY THORNI4II-I, SECRETARY S~STAFF:RPT%24182ALL.PC I 7 ATTACHMENT NO. 2 CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 24182, AMENDMENT NO. 3, 1ST EOT VESTING TENTATIVE TRACT MAP NO. 24184, AMENDMENT NO. 3, 1ST EOT VESTING TENTATIVE TRACT MAP NO. 24185, AMENDMENT NO. 3, 1ST EOT VESTING TENTATIVE TRACT MAP NO. 24186, AMENDMENT NO. 5, 1ST EOT VESTING TENTATIVE TRACT MAP NO. 24187, AMENDMENT NO. 3, 1ST EOT VESTING TENTATIVE TRACT MAP NO. 24188, AMENDMENT NO. 3, 1ST EOT S%STAFR~PT%241"ZALLPC 18 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 24182, Amendment No. 3, First Extension of Time Project Description: To subdivide 136.2 acres into 443 Single Family Residential, 21 Open Space and 4 Multi- Family Residential lots. Assessor's Parcel No.: 926-130-036 926-130-037 926-130-038 926-130-039 926-130-040 Approval Date: Expiration Date: PLANNING DEPARTMENT The tentative subdivision shall comply with the State 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 approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. 2. Any delinquent property taxes shall be paid prior to recordation of the final map. 3. Subdivision phasing shall be subject to Planning Department Approval. 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 permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety, The following notes shall be placed on the ECS: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy." "EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." S',STAFFRPT~4182AU_PC 19 Prior to the issuance of GRADING PERMITS, the following conditions shall be satisfied: If the project is to be phased, prior to the approval of grading permits, 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 utilized 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. The developer shall provide evidence to the Director of Buiiding 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. Ce 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 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. With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and revised October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and exterior noise levels to 65 Ldn. 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. 20 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 approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 24182, Amendment No, 3, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula 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 promptly notify the subdivider of any such claim, 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 Temecula. Covenants, Conditions and Restrictions/Reciprocal Access Easements: The Covenants, Conditions and Restrictions !CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance end methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. 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 all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the 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 said 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 required 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. 10. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. 11. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 12. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars ($875.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) 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 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required S"~TAFFI~WT~24182AU_ PC 2 1 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). 13. A Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets G, H, S and the two future entrances to the 20.0 acre Very High Density Residential parcels. 14. Bicycle trails shall be constructed per Figure 6 of Specific Plan No. 219, Amendment No. 3 along Street A, Class II and DePortola Road, Class I. 15. A Major Project Entry Statement shall be constructed per Figure 35 of Specific Plan No. 219, Amendment No. 3 for Lot 446. 16. Minor Project Entry Statements shall be constructed per Figures 35 and 36 of Specific Plan No. 219, Amendment No. 3 for lots 452 and 460. 17. Minor Community Entry Statements shall be constructed per Figures 32 of Specific Plan No. 219, Amendment No. 3 for lots 458 and 454. 18. A Landscaped Transition Area shall be constructed per Figure 13C of Specific Plan No. 219, Amendment No. 3 for lot 450. This Landscaped Transition Area shall be incorporated into a 25 to 40 foot minimum building setback for the development of structures on lots 465,466, 467 and 468 at the Plot Plan stage. 19. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Meadows Parkway. 20. Roadway landscape treatment shall be constructed per Figure 25 of Specific Plan No. 219, Amendment No. 3 for State Highway 79. 21. Roadway landscape treatment shall be constructed per Figure 23A of Specific Plan No. 219, Amendment No. 3 for Butterfield Stage Road. 22. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for DePortola Road. 23. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Street A. 24. The Landscape Development Zone (LDZ) along Major Community Street Scenes including Meadows Parkway, DePortola Road and Butterfield Stage Road and State Highway 79 shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV.C.1 .b.2.a., b. and c. of Specific Plan No. 219, Amendment No. 3. 25. The LDZs along the Project Street Scene, Street A, shall use the plant palette per Section IV.C:1 .c.1. of Specific Plan No. 219, Amendment No. 3. 26. The landscaping for lots 458,446 and 454 shall use the Accent Trees on the plant palette in Section IV.C.1 .d.1. and 2. of Specific Plan No. 219, Amendment No. 3. S~TAFF'RPT~4182ALLPC 22 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. The plant palette for Evergreen Background Grove Trees per Section IV.C.1 .d.4.a of Specific Plan No. 219, Amendment No, 3 and the plant palette for Deciduous Accent Grove Trees per Section Iv.C.1 .b.2.a. shall be used for the landscape buffer zones in lot 450. The Very High Density Residential landscape requirements shall be consistent with Section IV.C.3.c.1 through 14 of Specific Plan No. 219, Amendment No. 3. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per Figure 40 of Specific Plan No. 219, Amendment No. 3; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Butterfield Stage Road, State Highway 79, Meadows Parkway, Street A and DePortola Road. Project Masonry Walls and Project View Walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets G, H and S. The Medium High Density Residential landscape requirements shall be consistent with Section IV.C.3.c.1. through 14. of Specific Plan No. 219, Amendment No. 3. The Medium Density Residential landscape requirements shall be consistent with Section IV.C.3.d.1. through 7. of Specific Plan No. 219, Amendment No. 3. The accent trees identified in Section IV.C.I.d.3. of Specific Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets G, H and S. The plant material palette identified in Section IV.C.I.e. of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. The seed mix for Turf Grass identified in Section IV.C.1 .e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead of the seed mix. Planting shall commence as soon as slopes are completed on any portion of the site and shall provide for rapid short-term coverage of the slope as well as long-term establishment cover per standards set forth in Ordinance 457.75. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation ofthis landscaping. This condition applies only if construction of the site does not commence within ninety (90) days of grading operations. A one year maintenance bond shall be required for all landscaping installed except for landscaping 'within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of the landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. S~STAFFRPT',24182AL.LPC 23 38. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. 39. Irrigation for the project site shall be consistent with Section IV.C. 1 .j. of Specific Plan No. 219, Amendment No. 3. 40. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. 41. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. 42. The residential lot street tree requirements and front yard requirements shall be consistent with Section IV.C.3.a. 1 .,2., and 3. of Specific Plan No. 219, Amendment No. 3. 43. All lighting within the project shall be consistent with Section IV.C.5 of Specific Plan No. 219, Amendment No. 3. 44. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 (Section IV). 45. All future development within this project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. 46. The amenities and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway paseos shall be used for developing these areas or as modified by the Development Agreement 92- 0013. 47. Maintenance and timing for completion of all open space areas shall be as identified in Development Agreement 92-0013. 48. A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. 49. A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval. The following needs to be included in these plans: Typical front yard landscaping for interior, corner and cul-de-sac lots. 24 50. 51. B. Typical slope landscaping. C. Private and public park improvements and landscaping. D. All open space area landscaping including, private and public common areas, private recreational areas, paseos, equestrian trails, monuments and the Landscape Development Zones. E. All landscape plans shall identify the number and size of all plants, the ~ype of irrigation to be used, all hardscaping, fences and walls. F. The timing for installation of all landscaping, walls and trails shall be identified prior to approval of these plans. G. The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. H. The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. 1. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. J. The responsibility for installation of all landscaping and walls shall be identified. K. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a part of and shall be consistent with the provisions of the Specific Plan No. 219, Amendment No. 3. L. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of twenty four-(24) inch box trees into the design. M. A note shall be placed on the conceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement),. If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. s~s~rm-r~4 ~ sz~.c 2 5 52. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992, 53. A Private Active Participation Opportunity Area shall be constructed for lots 465,466, 467 and 468. This area may include facilities such as pools, spas, cabanas, meeting rooms, barbecues, wet-bars and kitchen facilities. This area shall be a minimum of 1.05 acres. 54. A Plot Plan shall be filed for the development of lots 465,466,467 and 468. The individual developments within these lots shall be consistent with this plot plan. 55. All twO-story residential structures shall maintain a 40-foot setback from the State Route 79 right-of-way (this condition applies to single family dwellings only). 56. Lots 80, 81,239,240, 275 and 276 (which have side structure exposure) shall be limited to one-story residential dwellings unless the 40-foot setback requirement (identified in Condition No. 55) can be met during final site design. 57. The following conditions shall apply to tots 465,466, 467 and 468: Future multi-family structures located on the site should maintain a minimum 40-foot setback from the property line along State Route 79 and a minimum 30-foot setback from the property lines adjacent to Meadows Parkway and "A" Street. Any future multi-family structures located within the 65 dBA noise level contour shall be constructed with double-paned windows to maintain interior noise levels at 45 dBA or less (refer to Wilber Smith Associates Noise Study dated September 22, 1992 and subsequent Study dated October 3, 1992). Any outdoor activity/recreation areas developed as part of the multi-family residential project shall be located in the center portion of the site where exterior noise levels would be below 65 dBA (refer to Wilber Smith Associates Noise Study dated September 22, 1992 and subsequent Study dated October 3, 1992). OTHER AGENCIES 58. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated October 6, 1992, a copy of which is attached. 59. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. S~STAFFRPT~,4182ALLPC 26 60. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. 61. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittal dated January 23, 1992, a copy of which is attached. 62. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal date January 21, 1992, a copy of which is attached. 63. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated January 21, 1992, a copy of which is attached. 64. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittal dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 65. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with as set forth below, or as modified by separate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. Prior to RecordaTion of Final MaD(S) 66. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA). 67. Community park sites of (3) acres or greater shall be offered for dedication to the City of Temecula, Community Services Department (TCSD) for maintenance purposes following compliance to existing City standards and completion of an application process. 68. All proposed slopes, open space, and park land 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 area. 69. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). 70. Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater shall be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. 71. Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. 72. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordation of final map. 73. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. 74. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map will preclude their inclusion into the TCSD. 75. If the City Engineer determines that the project's street improvement bond is insufficient to cover the parkway landscaping and irrigation improvements, the developer shall, prior to recordation of final map, post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteeing the viability of all landscaping installed prior to the acceptance of maintenance responsibility by the TCSD. Prior to Issuance of Certificate of Occupancy(s) 76. It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 77. Prior to issuance of anv certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. S~ST~rr-RP~24~e2AU_PC 28 General 78. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES SPECIFICATIONS. AND 79. The developer, the developer's successors or assignee, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. PUBLIC WORKS DEPARTMENT Department of Public Works Conditions of Approval for: Vesting Tentative Tract 24182 - Paloma Del Sol The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. 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 Developer correctly shows on the tentative map or site plan 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. GENERAL REQUIREMENTS 80. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 81. An Encroachment Permit shell be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 82. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for approval prior to recordation of the final map or the issuance of any permits. 83. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 84. 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. S'~STAFFRPT',24182AIJ,,PC 29 PRIOR 85. 86, 87. 88, 89. 90. 91, 92. 93. TO ISSUANCE OF GRADING PERMITS: The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any. other lot. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Riverside County Flood Control District; Planning Department; Department of Public Works; CaITrans; General Telephone; Southern California Edison Company; and Southern California Gas Com~oany. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 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 Rood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. S~STAFr-RPT~,~ t .2N.L PC 3 0 94. 95. 96. 97. 98. 99. PRIOR 100. 101. A drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. Identify and mitigate impacts of grading to any onsite or offsite drainage course. The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. A permit from Riverside County Flood Control District is required for work within their right-of-way. TO THE ISSUANCE OF ENCROACHMENT PERMITS: All necessary grading permit requirements shall have been submitted/accomplished to the satisfaction of the Department of Public Works. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. $%STAFFRPT~24182AU_PC 3 1 102. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: 103. 104. 105. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk). Stree~ lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All concentrated drainage directed towards the public street from the multi- family residential site shall be conveyed through undersidewalk drains. The minimum centerline grade for streets shall be 0,50 percent or as otherwise approved by the Department of Public Works. Improvement plans per City Standards for the private streets or drives within the multi- family residential development shall be required for review and approval by the Department of Public Works. 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 207 and 208. 106. All driveways shall be located a minimum of two (2) feet from the side property line. S~TAFFRPT%~4tli2AL.LPC 32 107. 108. 109. PRIOR 110. 111. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, end designed and constructed in accordance with City Codes and the utility prorider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. TO RECORDATION OF FINAL MAP: The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, traffic signals and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways), D. Erosion control and slope protection. E. Sewer and domestic water systems. F. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern 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; CalTrans; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southern California Gas Company 33 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. Pedestrian access with sidewalks shall be provided from the cul-de-sac terminus of streets "D", "F", "M", "N" and "W" to the adjacent public street. · 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 approved by the Department of Public Works. Streets "G", "H" and "S" shall be improved with 50 feet of asphalt concrete pavement with a raised 10-foot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A (70'/50'l. All remaining interior local streets shall be improved with 40 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. 104, Section A (60'/40'). De Portola Road and Street "A" shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). Meadows Parkway and Butterfield Stage Road shall be improved with 43 feet of half street improvement with a raised median, plus one 12-foot lane outside the median turn lane, or bonds for the street improvements may be posted, within a 110' dedicated right-of-way in accordance with City Standard No. 100, (110'/86'). State Highway 79 shall be improved with concrete curb and gutter, asphalt concrete pavement, and any reconstruction or resurfacing of existing paving as determined by Caltrans within a 71-foot half-width dedicated right-of-way per Caltrans letter, dated January 23, 1992. In the event that the required improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required improvements per applicable City Standards. All Assessment District No. 159 improvements immediately adjacent to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. Left turn lanes shall be provided at all intersections on Street "A" and De Portola Road. S~STAr+nPn24~ SZ~U,..C 34 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 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, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. 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 amount 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, Vehicular access shall be restricted on State Highway 79, Butterfield Stage Road, De Portola Road, Street "A" and Meadows Parkway and so noted on the final map with the exception of street intersections and two (2) entry points to Street "A" for the multi-family residential lots as shown on the approved Tentative Map and as approved by the Department of Public Works. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for State Highway 79, Butterfield Stage Road, De Portola Road, Street "A" and Meadows Parkway and shall be included in the street improvement plans. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersections of Meadows Parkway at Street "A" and De Portola Road at Street "A" and shall be included in the street improvement plans with the second plan check submittal. Traffic signal interconnection shall be designed by a registered Civil Engineer to show 1-1/2" rigid conduit with pull rope, and #3 pull boxes on 200 foot centers along the property fronting State Highway 79 and Butterfield Stage Road. This design shall be shown on the street improvement plans and must be approved by the 'Department of Public Works and Caltrans. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. Corner property line. cut off shall be required per Riverside County Standard No. 805. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be S%STAFFR~4tlI2ALLPC 35 added to the final map stating "drainage easements shall be kept free of buildings and obstructions." 133. 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 permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 134. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 135. 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. 136. Prior to recording the 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 BUILDING PERMIT: 137. A precise grading plan shall be submitted to the Department of Public Works for review and approval. 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. 138. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County Geologist, dated May 15, 1989. 139. 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 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 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 a bond to secure payment of the Public Facility fee. The amount of the bond 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 amount 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, S%STAFt:RPT%24182ALLPC 3 6 PRIOR 140. 141. 142. 143. 144. 145. 146. 147. 148. 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. TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. All signing and striping shall be installed per the approved signing 'and striping plan. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. All traffic signal interconnection shall be installed per the approved plan. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'/32')o Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. The following traffic signals shall be constructed as warranted as part of the reimbursement agreement at the following locations: B. C. D. E. F. State Highway 79 at the Interstate 15 ramps. State Highway 79 at Pala Road. State-Highway 79 at Margarita Road. State Highway 79 at Meadows Parkway. State Highway 79 at Butterfield Stage Road. Butterfield Stage Road at De Portola Road. $\$TAFFRPI'~4182ALLPC 37 County of ,Riverside HEALTH SERVICES AGENCY TO: FROM: RE: CITY OF I'~MECULA AIlN: Debbie Ubnoske ~S~~N~Z.~__~vironmental TRACT MAP NO. DATE: Health Specialist IV 24182, FIRST EXTENSION OF TIME 10-06-92 Department of Environmental Health has reviewed the Flrst Extension of Time and has no obaectlons. SM:dr KENN~'rH L. EDWARDS RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT October 22, 1992 City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Attention: Saied Naaseh Ladies and Gentlemen: Re: RECEIVED Tracts 24182, 24184, 24185, 24186, 24187 and 24188 1st Extensions of Time The District has no objection to the proposed extensions of time for the above referenced pro3ects. SEM:slj sm11022a.sub Very truly yours, DUSTY WILLIAMS Senior Civil Engineer RIVERSIDE COUNTY FIRE DEPARTMENT 2]D WBST .~(k.h[ ~ AVEP/UE · PER.R.I~, (7~) J,F.... FARRI.[_ ~e~:obe:r 1~, 1992 ~ C~F TO~ ~. LCUlI F~a~ De~ar~en~ A~= SS~, ~ Naaeeh ~e Time fo: Ve~ri~ Ten=a==ve Trac= ~p N~bers 24182, 2~184, 2~88, Spe==fic ~1~ No. 219, Pa!~a Del Sol, ~en~en= No. ~ aud Dsvelop~nt A~ree~nr =~eu~s or quas~io~ c~n be dirau=e~ to the ~vers~e Ccuney Fire Depar=memc, F~an~ s~d Zn2tneer~~ Office. Riverside Coun=y Fire Departmeu= has no cmnts ~or =he Firs= ~xcwnslon Raym~dB. blis Chief Y~=e DeparmtnC Plsnner By ~ry~n ?9.T33r'.~-~y Ojb Dd,~S~e F. indb. CA 4,201 (619) 3~2.88~ · TAX (61~ 4t00~CmmeIc-,,--De~,Beb:Z~J, TauM~,CA,I23fC (T14) f~,-,qYTO, F~3(("/14) M4JOYi S1'A1~ O4: CAUr-ORNtA~SIN~S, 111ANSleORTATION AND HOUSING AGL~ICY DEPARTMENT OF TRANSPORTATION January 23, Planning Department City Hall city of Temecula 43174 Business Park Drive Temecula, CA 92590 1992 Development Review 08-Riv-79-16.0/17.38 Your Reference: · ~-z~ 24182 Thank you for the opportunity to review the proposed Tentative Tract Map No. 24182 located adjacent to the north side of Highway 79 between Butterfield Stage Road end Margarita Road in Temecula. Please referto the attached material on which our comments have been indicated by the it~ checked and/or by those it~F noted under additional comments. If any work is necessary within the State highway right of way, the developer must obtain an encroachment permit from the Caltrans District 8 Permit Office prior to beginning work. If additional information is desired, please call Mr. Steven Wisniewski of our Development Review Section at (714) 383-4384. Attachment Development Review Engineer Riverside County Date: January 23, 1992 Riv-79-16.0/17.38 (Co-Rte-PM) TTM 24182 (Your Reference) ADDITIONAT. CO~MENTS: We need more information, design details, and the purpose of proposed easements shown at end of cul-de-sacs on s~reets "D", "N", and "W". Access control marks shall be shown along Sta~e right-of-way on this map. Our previous comments dated Januar~ 29, 1990 (attached) still apply and must be addressed. DEPARTMENT OF TRANSPORTATION January 29, 1990 Development Review 08-Riv-74-17.38 Your Reference: VTTM 24182 Planning Department Attention Ron Goldman county of Riverside 4080 Lemon Street Riverside, CA 92501 Dear Hr. Goldman: Thank you for the opportunity to review the proposed Vesting Tentative Tract Map 24182. located north of State Highway 79 and wes~ of Butterfield Stage Road near Rancho California. Please refer to the attached material on which our comments have been indicated by the items checked and/or used by those items noted under additional comments. If any work is necessary within the state highway right of way, the developer must obtain an encroachment permit from the Caltrans District 8 Permit Office prior to beginning work. If additional information is desired, please call Mr. Thomas J. Neville at (714) 383-4384. Very truly yours, H. N. LEWANDOWSKI District Permits Engineer Art. (Your Reference) Dane ];2AV SH x 'R,'v - 7q - 17.58 Plan checker (Cc Rte PN) we wOULD LIKE TO NOTE: ~ C~u ucnirm/t~-~it~ within present or proposed State right of ~ay =~La be im~sti~ated for V''/~nen phns are sub~tr~l, pL~,~. c.a~orm ~ f. he recl~i.re',~r.s of ~e aturjned '~mdouc". This it ap~ars that rJ~ r. raff~ and drainage 8enera~ad by this Lrvpe~ml could ha~e a significant effect ~he state highly systen of r~e area. ~ ~.~-~s ~ ~o mir/gar~ ~ cr~fic and draina~ no~se acrammr_ia~ ,,--~n-es. Devet~p=~ of prodroy should ~ ~ ~ ~ a~. ~ REQU~T ~T ~E I~ ~E~ B~W BE INCLUD~ IN ~E COND~IONS OF APPROV~ FOR THIS PROJE~: Nor~l right of way dedi~ion ~o provide 7~ half-width on =he state highway. Normal street improvements to provide 55? half-width on the State highway. Curb and gutter, State Standard Aa-~along the snare highway. Parking shall be prohibited along =he state highway by pain=ins the curb red and/or by =he proper placemen~ of "no parking" signs. V 3~ radi~ curb re~urns be provided a= intersections wi=h the state highway. A standard wheel=hair r~p must be provided in the re=urns. A positive vehicular barrier along the property frontage shall be provided to limit physical access to the state highway. Vehicular access shall not be developed directly to the state highway. Vehicular access to the state highway shall be provided by existing public road COnnectiOnS. vehicular access to th'e state highway shall be provided by driveways. '. standard Ve~.cd-~r ~,~'~ shall noc be proviu~ wi~%in of ~ ~nr. ersecuca ac Ada~ta off-~u~et psrfd~, ~ does not require bmdd~ a~to the ~tata highly, shall be p~oddad. imtt~n of the s-,,xa M~h~y. Parr~,-,1-~ ca'mdera,4~n =~u1¢I te given W ~,-,1,-j. ve izxn'~=.H stm-m rimoff to insure that a i~,.4~ay dz-a~r~e problen ~s not creaE. .Any r,w-~-em-y noise attenuat:i.c~ shall be l=Ovieh'd a~ lltrt of t-.e davelots=At of this ~y. refer to attecneo ed~iticma2 cow. ms. REQUEST: A c~.,- of any ccrgiir. ia~s of apl=oval or rr, i.se:i approval 'bx A c~.- of any dcc~,~,~s providil ~a~ ricml state highly right of ~ay upm recorcia~m of the ~E REQUEST TgE OPPOE;TU.tITY TO REVIE;~ DURING THE APPROVAL PROCESS: ~' .~y pro,?nt-le to fro-that ~p ~ ~. A ~' of Ue ~fic or m~,~,~ ~y. A ~ ~ of ~ ~ ~ T~t ~. A ~ ~t of ~ ~ f~ ~y ~ ~n ~ ~ ~y n~t of ~y. 2aze:january 2~, 1990 RIV - 79 17.38 (Co-Rte-PM) VTTM 24182 ~Your Reference) ADDIT!gNAL COMMENTS: 1 2 Ibis proposal is related to others seen by this office in the recent past (VTTMs 24132, 24133, 24137, 24183, 25147 and 251480. Due to the size of the above mentioned related tracts and the cDnstruction explosion in this area, the developer should cDn=ribute towards improving the State hlghway system in the vlcinlty cf this development to maintain and/or improve the levels rf service on State highways. we recommend that the developer participate :n the Rancho Villages A3sessment Distrlct No. 159 and the related Environmental Impact Report (EiR) No. 241 to mitigate the impaczs being generated by these proposals. would llke to see the following :- Hydroiogy/Mydraullcs Report for the entlre development bounded by Butterfield Stage Road, Margarita Rcad and Szate Rt. 79. Detailed plans for the storm d~ain. Grading and Dralnage plans. Cross sections every 50 ft are required for any work withln State' rlght of way. Also, cross sectlons shall beg!n and end 100 ft BEYOND the proposed property limlts and shall extend mlnlmum 10 ft OUTSIDE of rlght of way. Please refer to page ncs. 6 and 7 of the a;tached "HANDOUT" for detaliing of the cross sections. Please note Inat =he requirements noted in the "HANDOUT" are MANDATORY. Pro3ect Study Report (PSR) must be prepared and an Agreement MUST s~gned before we can ~ssue an encroachmenz perm~z for any work the State r~gh~ of way. Wa r January21, 1992 Mr. Saied Naaseh City of Temecula Planning Department 43180 Business Park Drive Temecula, CA 92590 SUBIECT: Water Availability Vesting Tract Map 24182 Dear Mr. Nasseh: 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 RCWI) and the property owner. Please be aware of RCWD's fac~ities within this tract as depicted on the attached map. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management fights, if any, to RCWD. If you have any questions, please contact Ms. Senga Doheny. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P. E. Manager of Development Engineering SB:Bi28/FEr:- cc: Senga Doheny, Engineering Technician Attachment J RTA RIVERSIDE TRANSIT AGENCY 1825 THIRD STRE~ ,, RIVB:ISIDE. CA 9:~507-3484 · BUS. [714] 684.0850 FAX [714) EB4.-1007 January21,1992 Saled Naaseh City of Teme~ula Planning Department 43174 Business Park Drive Temecula, CA 92590 RE: 'l"r 24182- Planning Areas 2,3,4 The Meadows at Rancho California Dear Saied: We do not curtenth/provide sentice 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 mmout or a pad for a bus Stop be incorporated into the general design. Ideal sites forthe bus turnouts would be at the following locations: a. Southside comer of De Ponola Road farside proposed Street 'A" (adjacent to Lot# 185) b. SouthSide corner of De Portola Road nearside proposed Street "S" (adjacent to Lot # 309) If possible, we would also like to request that pedestrian walkways and wheelChair curbs be provided near the turnout locations specified above. I can indicate the exact location for the turnouts as the project progresses. Thank you for the opportunity to review and comment on this project. Your efforts to keep us updated on the status of this requeSt will be very much apprecimed. Please let us know when this project will be completed. Should you require additional intorrnation or specifmations, please don1 hesitate to contact me. Sincerely, Transit Planner BB~so PDEV #144 RECEIVED MAY 12 TEMECULA VALLEY Unified School District SUPERINTENDENT May 7, 1992 The City of Temecula 43174 Business Park Drive Temecula, Ca. 92590 Attention: Mr. Saied Naaseh, Planner Re: Vesting Tentative Tract Maps 24186 & 24188 Dear Mr. Naaseh, Thank you for your inquiry concerning the Landscape Development Zones (LDZ) for the above referenced tract maps. As you are aware, the current configuration of these LDZ's severely reduces the acreage available for the school sites due to their required width. Therefore, we would like to take this opportunity to request that the LDZ regulations regarding the width of the landscaping are not enforced for the perimeters of the two (2} school sites. It is our desire that we work directly with the developer to establish a compatible landscaping arrangement which this developer can then install at the appropriate time. Thank you for your time and cooperation concerning this matter. Very truly yours, Temecula'Valley Unified School District Lettie Boggs Coordinator, Facilities Planning LB:bk cc: Bedford Properties 31350 Rancho Vista Road / Temecula, CA 92592 / (714) 676-2661 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 24184, AmendmenU No. 3, First Extension of Time Project Description: To subdivide 54.0 acres into 198 single Family Residential and 12 Open Space Lots Assessor's Parcel No.: Approval Date: Expiration Date: 926-130-027 926-130-031 PLANNING DEPARTMENT The tentative subdivision shall comply with the State 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 approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. Any delinquent property taxes shall be paid prior to recordation of the final map. Subdivision phasing 'shall be subject to Planning Department Approval. 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 permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following notes shall be placed on the ECS: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy." "EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." Prior to issuance of GRADING PERMITS the following Conditions shall be satisfied: If the project is to be phased, prior to the approval of grading permits, 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: 38 (1) Techniques which will be utilized 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. The developer shall provide evidence to the Director of Building 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. 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 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, With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and subsequent study dated October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and exterior noise levels to 65 Ldn. 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. 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 approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 24184, Amendment No. 3, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula 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 promptly notify the subdivider of any such claim, S~TAF~R~n24~S2AU_.C 39 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 Temecula. Covenants, Conditions and Restrictions/Reciprocal Access Easements: The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. 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 all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the 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 said 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 required 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. 10. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. 11. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 12~ Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars (e875.00) which includes the Eight Hundred, Fifty Dollar (9850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) 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 15094. If within such forty-eight (48) hour period the applicant/developer 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). 13. Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets B, D and E. 14o An Equestrian trail shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for north side of DePortola. S~STAFFRPT~4182ALLPC 40 15. Bicycle trails shall be constructed per Figure 6 of Specific Plan No. 219, Amendment No. 3 along DePortola Road, Class I and Street A and Street C, Class II. 16. A Major Project Entry Statement shall be constructed per Figure 35 of Specific Plan No. 219, Amendment No. 3 for Lot 203. 17. A Community Intersection Entry Statement shall be constructed per Figure 34 of Specific Plan No. 219, Amendment No. 3 for lot 206. 18. Minor Project Entry Statements shall be constructed per Figures 35 and 36 of Specific Plan No. 219, Amendment No. 3 for lot 208. 19. A Project Intersection Entry Statement shall be constructed per Figure 38 of Specific Plan No. 219, Amendment No. 3 for lot 201. 20. A Secondary Paseo shall be constructed per the cross section on the map for lot 210. 21. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street A. 22. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Meadows Parkway. 23. Roadway landscape treatment shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for DePortola Road. 24. Roadway landscape treatment shall be constructed per Figure 26 of Specific Plan No. 219, Amendment No. 3 for Street C. 25. The LDZs along the Project Street Scenes Streets A and C shall use the plant palette per Section IV.C.1 .c.1. of Specific Plan No. 219, Amendment No. 3. 26. The landscaping for lots 203 and 206 shall use the Accent Trees on the plant palette in Section IV.C.1 .d.1. and 2. of Specific Plan No. 219, Amendment No. 3. 27. Greenbelt Paseo Trees as identified in Section IV.C. 1 .d.4.a. and b. of Specific Plan No. 219, Amendment No. 3 shall be used for lot 210. 28. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per Figure 40 of Specific Plan No. 219, Amendment No. 3; the finish end color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Meadows Parkway, DePortola Road and Street C. 29. Project Masonry Walls and Project View Walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets A, B~ D and E. 30. An Equestrian Rail Fence shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3 along the north side of DePortola Road. S%STA~4182ALI_PC 4 1 31. The Medium Density Residential landscape requirements shall be consistent with Section IV.C.3.d.1. through 7. of Specific Plan No. 219, Amendment No. 3. 32. The accent trees identified in Section IV.C.I.d.3. of Specific Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets A, B, D and E. 33. The Landscape Development Zone (LDZ) along Major Community Street Scenes including Meadows Parkway and DePortola Road shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV.C.1 .b.2.a., b. and c. of Specific Plan No. 219, Amendment No. 3. 34. The plant material palette identified in Section IV.C.1 .e. of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. 35. The seed mix for Turf Grass identified in Section IV.C.1 .e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead of the seed mix. 36. Planting shall commence as soon as slopes are completed on any portion of the site and shall provide for rapid short-term coverage of the slope as well as long-term establishment cover per standards set forth in Ordinance 457.75. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping. This condition applies only if construction of the site does not commence within ninety (90) days of grading operations. 37. A one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. 38. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. 39. Irrigation for the project site shall be consistent with Section IV.C. 1 .j. of Specific Plan No. 219, Amendment No. 3. 40. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. - 41. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. S%STAFFRPT~24182ALLPC 42 42. 43. 44. 45. 46. 47. 48. 49. The residential lot street tree requirements and front yard requirements shall be consistent with Section IV,C.3.a.1 .,2., and 3. of Specific Plan No. 219, Amendment No. 3. All lighting within the project shall be consistent with Section IV.C.5 of Specific Plan No. 219, Amendment No, 3. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 (Section IV). All future development within this project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No, 219, Amendment No, 3. The amenities and standards identified in Section III.A.7 .a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway paseos shall be used for developing these areas or as modified by the Planning Application 92-0013 (Development Agreement), Maintenance and timing for completion of all open space areas shall be as identified in Planning Application No. 92-0013 (Development Agreement). A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval. The following needs to be included in these plans: A. Typical front yard landscaping for interior, corner and cul-de-sac lots. B. Typical slope landscaping. C. Private and public park improvements and landscaping. All open space area landscaping including, private and public common areas, private recreational areas, paseos, equestrian trails, monuments and the Landscape Development Zones. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. The timing for installation of all landscaping walls and trails shall be identified prior to approval of these plans. The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. 43 The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. J. The responsibility for installation of all landscaping and walls shall be identified. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a part of and shell be consistent with the provisions of the Specific Plan. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of twenty four (24) inch box trees into the design. A note shall be placed on the conceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans, 50. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement),. 51. If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. 52. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992. OTHER AGENCIES 53. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated October 6, 1992, a copy of which is attached. 54. The applicant shall comply with the flood control recommendations outlined in the Riverside County Rood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. IS~STA~T~24182ALLPC 44 55. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. 56. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittal dated January 23, 1992, a copy of which is attached. 57. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal date January 21, 1992, a copy of which is attached. 58. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated January 21, 1992, a copy of which is attached. 59. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittal dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 60. All proposed construction shall comply with the California Institute of Technology, Painmar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecuta, Community Services Department. (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with as set forth below, or as modified by separate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD, Prior to Recordation of Final Man(s) 61. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA). 62. Community park sites of (3) acres or greater shall be offered for dedication to the City of Temecula, Community Services Department (TCSD) for maintenance purposes following compliance to existing City standards and completion of an application process. 63. All proposed slopes, open space, and park land 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 area. 64. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). 65. Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater shall be offered for S~TAFFRFT~4182ALL.PC 45 dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. 66. Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. 67. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior. to the recordation of final map. 68, Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD} identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. 69. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map will preclude their inclusion into the TCSD. 70. If the City Engineer determines that the project's street improvement bond is insufficient to cover the parkway landscaping and irrigation improvements, the developer shall, prior to recordation of final map, post a landscape performance bond which shall be released concurrently with .the release of subdivision performance bonds, guaranteeing the viability of all landscaping installed prior to the acceptance of maintenance responsibility by the TCSD. Prior to Issuance of Certificate of Occupancy(s) 71. It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 72. Prior to issuance of t~ny certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. General 73. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECUI,A LANDSCAPE DEVELOPMENT PLAN GUIDELINES SPECIFICATIONS. AND S~TAm~m~4~S~...C 46 74. The developer, the developer's successors or assignee, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. PUBLIC WORKS DEPARTMENT Department of Public Works Conditions of Approval for: Vesting Tentative Tract 24184 -- Paloma Del Sol The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following rec~uirements. 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 Developer correctly shows on the tentative map or site plan 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. GENERAL REQUIREMENTS 75. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 76. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 77. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for approval prior to recordation of the final map or the issuance of any permits. 78. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 79. 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. PRIOR TO ISSUANCE OF GRADING PERMITS: 80. The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 81. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. S~TAFFRFT~4182ALL.PC 47 82. 83. 84. 85. 86. 87. 88. 89. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Riverside County Flood Control District; Planning Department; Department of Public Works; General Telephone; Southern California Edison Company; and Southern California Gas Company. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 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 prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. A drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. Identify and mitigate impacts of grading to any onsite or offsite drainage courses. The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan. 48 9O., 91. 92. 93. 94. PRIOR 95. 96. 97. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site, In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. A permit from Riverside County Flood Control District is required for work within their right-of-way. TO THE ISSUANCE OF ENCROACHMENT PERMITS: All necessary grading permit requirements shall have been submitted/accomplished to the satisfaction of the Department of Public Works. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: Flowline grades shallde 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk). Ce Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. 49 D. Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401. E. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. F. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. G. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. H. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. I. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 98. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. 99. 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 207 and 208. 100. All driveways shall be located a minimum of two (2) feet from the side property line. 101. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility prorider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 102. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 103. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO RECORDATION OF FINAL MAP: 104. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. A. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, traffic signals and other traffic control devices as appropriate. B. Storm drain facilities S~STAFFRPT~24~e2AU_PC 50 105. 106. 107. 108. 109. 110. C, Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems, F. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern 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; CalTrans; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southern California Gas Company If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. Pedestrian access with sidewalks shall be provided from the cul-de-sac terminus of Streets "K" and "J" through the paseo to Street "H", and from the cul-de-sac terminus of Street "G" to the adjacent public street. 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 approved by the Department of Public Works. Streets "B" , "D" and "E" shall be improved with 50 feet of asphalt concrete pavement with a raised 10-foot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A (70'/50'). All remaining interior local streets shall be improved with 40 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. 104, Section A (60'/40'). mSTAFFF~q~24182ALLPC 5 1 111. 112. 113. 114. 115. 116. 117. 118. 119. Street "A" shall be improved with 44 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. 103, Section A (66'/44'). De Portola Road and Meadows Parkway shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). Street "C" shall be improved with 42 feet of half street improvement with a raised median, plus one 12-foot lane outside the median turn lane, or bonds for the street improvements may be posted, within a 108' dedicated right-of-way in accordance with Specific Plan Figure 5A "Gateway Road and modified City Standard No. 100, (108'/84'). In the event that the required access improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required access improvements per applicable City Standards. All Assessment District No. 159 improvements necessary for access to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development as deemed appropriate by the Department of Public Works. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. Left turn lanes shall be provided at all intersections on Street "A" and De Portola Road. 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, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. 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 amount 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. Vehicular access shall be restricted on Street "A", Street "C", De Portola Road and Meadows Parkway and so noted on the final map with the exception of street intersections as shown on the approved Tentative Map and as approved by the Department of Public Works. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for De Portola Road, Street "A", Street "C" and Meadows Parkway and shall be included in the street improvement plans. S~TAFFRPI~24182ALLPC 5 2 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. PRIOR 130. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of De Portola Road at Street "C" and shall be included in the street improvement plans with the second plan check submittal. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. Corner property line cut off shall be required per Riverside County Standard No. 805. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." 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 permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps Telated to the subject property. 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. Prior to recording the 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. TO BUILDING PERMIT: A precise grading plan shall be submitted to the Department of Public Works for review and approval. 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. S%STAFFRPT~2411B2ALLPC 53 131. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County Geologist, dated May 30, 1989. 132. 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 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 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 a bond to secure payment of the Public Facility fee. The amount of the bond shall be e2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 133. All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. 134. All signing and striping shall be installed per the approved signing and ~triping plan. 135. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. 136. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 137. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. 138. A 32' wide paved secondary access road for phased development shall be constructed within a recorded. private road easement as approved by the Department of Public Works per C!ty of Temecula Standard 106 (60'/32'). 139. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. S%$TAFFRPT~24182AU,.PC 54 140. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. $LSTAFFI!~P,.24182ALL. PC 5 5 County of Riverside HEALTH SERVICES AGENCY TO: FROM: RE: CITY OF TEMECULA ATTN: Debble Ubnoske · '~~.~'~.~vlronmental TRACT MAP N0. DATE: Health Specialist 24184. FIRST EXTENSION OF TIME IV 10-06-92 Department of Environmental Health has reviewed the First Extension of Time and has no objections. SM:dr KENNETH L. El]WARDS RIVERSIDE COUNTY FLOOD CONTROL AND WArn ~R CONSERVATION DISTRICT October 22, 1992 City of Temeculs Planning DeDertment 43174 Business Park Drive Temecula, CA 92590 Attention: Saied Neaseh Ladies and Gentlemen: RECEIVED Re: Trects 24182, 24184, 24185, 24186, 24187 end 24188 1st Extensions ofTime The District has no objection to the proposed extensions of time for the above referenced projects. SEM:slj sm11022a.sub Very truly yours, DUSTY WILLIAMS Senior Civil Engineer RIVERSIDE COUNTY FIRE DEPARTMENT WES~ ~ ~TO AV~PIUE * PERRY, C, AL]]:~ eft4) 6~7-3183 . .J,~,. F. ARR] ~EF: of Time fo 24188, Spa O~tobt~ 15, 1992 lxtauaieu a~ T-~a ............ Riverside Cotm:y Fire DeparUmm~t has no co~mnts lor the First Extension : Veeciu2 2antetire ~zacc Map Numbers 24182, 2~1~, 3~18~, :lftc Yl~ No. 21g, ~alo~ Del Sol, ~e~en~ No. ~ a~ Developmut }2-2. Any :o2uneu~s or questions tin be direcca~ to the liverside County Fire Department, ?lan~in2 8~d lng~neerin2 Office. Chief Fire DeparmanC Planner ..733 Cmmc. yOmblM,~.,SebcF,!n,b,~A~,301 (619) 342,88~ · [,mX (6|e~ t"S.,WT3 4t0OZ CmmMy r-*o--Delw.,~k,,.V.I, TaMEda, CA 933~ C'/I¢)I~,-.Mr70 · FAX C/I4)e,¢40~ DEPARTMENT OF TRANSPORTATION Planning Department City of Temecula City Ball 43174 Business Park Drive Ternscala, CA 92590 January 23, 1992 Development Review 08-Riv-79-16.0/17.38 Your Reference: ~'S 24184 ~ 24188 Thank you for the opportunity to review the proposed Tentative Tract Maps 24184 through 24188 located north of Highway 79 between Butterfield S~age Road and Margarita Road in Temecula. Please refer to the attached material on which our comments have been indicated by the it~ checked and/or by those it~ noted under additional comments. If any work is necessary within the State highway right of way, the developer must obtain an encroachment permit from the Caltrans District S Permit Office prior to beginning work. Please be advised that this is a conceptual review only. Final approval of street improvements, grading and drainage will be determined during the Encroachment Permit process. If additional information is desired, please call Mr. Steven Wisniewski of our Development Review Section at (714) 383-4384. Attachment Very truly yours, Date: January 23, 1992 Riv-79-16.0/17.38 (Co-Rte-PM) TTM's 24184 - 24188 (Your Reference) ~/3DITIONAL CO~.NTS: We recommend that the developer participate in the Assessment District No. 159 to mitigate the traffic impacts generated by these proposals. Rancho Villages and/or drainage Improvements to Highway 79 should be coordinated before or with development of these tracts. We would like to see a Hydrolog~/Hydraulics Report for the entire development bounded by Butterfield Stage Road, Margarita Road and State Route 79, including Grading and Drainage plans. atsr January 21, 1992 Mr. Saied NR~eh City of Temecula Planning Depm lment 43180 Business Park Drive Tcmccula, CA 92590 Water Availability Vesting Tract Map 24184 Dear Mr. Nasseh: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District CRCWD). Water senrice, ~therefore, would be available upon completion of financial arrangements between RCWD and the properly 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 $8:aj28/FEG cc: Senga Doherty, Engineering Technician R7'A RIVERSIDE TRANSIT AGENCY 1825 THIRD 5'T/:tELcT · RlVi~RSIDE, CA 92507-3484 · BUS. [714) 6840850 FAX [714) 884-1007 January 21. 1992 Saied Naaseh City Of Temecula Pinning Department 43174 Business Park Drive Temecula, CA 92590 RE: TT 24184 - Planning Area9 The Meadows at Rancho California We do not currently provide sewice to the site mentioned above but based on the size of the project and our own plans for future growffi, we are requesting thin a bus turnout or a pad for a bus stop be incoqDorated into the general design. Ideal sites for the bus turnouts would be at the folowing lociions: a. Northside COmer Of De PortoIs Road farside proposed Street 'E' (adjacent to Lot # 45) b. Eastside COmer Of Buecktng Piukway nearside proposed Street "A' (adjacent to Lot # 9) If possible, we would also like to request that pedestrian walkways and wheelchair cufos be provided near the turnout locations specified above. I can indicate the exact location for the turnouts as the project progresses. Thank you for the opportunity to review and COrnmere on this project. Your efforts to keep us updated on the status of this request will be very much appreciated. Please it us know when this project will be COmpleted. Should you require additional information or specfficstions, please dent hesitate to COntact me. Sincerely, BB/jec PDEV #142 RECEIVED TEMECULA VALLEY Unified School District SUPERINTENDENT Pltricia B. Novotr~ey, ECLD. HAY 12 1992.' BOARD OF EDUCATION May 7, 1992 The City of Temecula 43174 Business Park Drive Temecula, Ca. 92590 Attention: Mr. Saied Naaseh, Planner Re: Vesting Tentative Tract Maps 24186 & 24188 Dear Mr. Naaseh, Thank you for your inquiry concerning the Landscape Development Zones (LDZ) for the above referenced tract maps. As you are aware, the current configuration of these LDZ's severely reduces the acreage available for the school sites due to their required width. Therefore, we would like to take this opportunity to request that the LDZ regulations regarding the width of the landscaping are not enforced for the perimeters of the two (2) school sites. It is our desire that we work directly with the developer to establish a compatible landscaping arrangement which this developer can then install at the appropriate time. Thank you for your time and cooperation concerning this' matter. Very truly yours, Temecula Valley Unified School District Lettie Boggs Coordinator, Facilities Planning LB:bk cc: Bedford Properties 31350 Rancho Vista Road / Temecula, CA 92592 / (714) 676-2661 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 24185, Amendment No. 3, First Extension of Time Project Description: To Subdivide 95.0 acres into 351 Single Family Residential and 18 Open Space Lots Assessor's Parcel No.: 926-130-032 926-130-033 926-130-034 926-130-035 Approval Date: Expiration Date: PLANNING DEPARTMENT The tentative subdivision shall comply with the State 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 approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. 2. Any delinquent property taxes shall be paid prior to recordation of the final map. 3. Subdivision Phasing shall be subject to Planning Department Approval. 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 permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following notes shall be placed on the ECS: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Instjtute of Technology, Palomar Observatory Outdoor Lighting Policy." Be "EIR No. 235 and an Addendure to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." s~s~,Fm, m~4~sz,,u_.c 56 Prior to issuance of GRADING PERMITS the following Conditions shall be satisfied: If the project is to be phased, prior to the approval of grading permits, 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 utilized 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. The developer shall provide evidence to the Director of Building 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. 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 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 (8100) per lot/unit shall be deposited with the City as mitigation for public library development. With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and subsequent study dated October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and the Exterior noise levels to 65 Ldn. 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. 57 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 approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 24185, Amendment No. 3 which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula 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 promptly notify the subdivider of any such claim, 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 Temecula. Covenants, Conditions and Restrictions/Reciprocal Access Easements: The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. 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 all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the 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 said 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 required 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. 10. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. 11. Every owner of a dwelling unit or lot shall own as an appurtenance to such. dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) aS share in the corporation, or voting membership in an association, owning the common areas and facilities. 12. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars (e875.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) 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 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required mSTAF~41~2~a.~LPC 58 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). 13. Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets E, D, F and G. 14. An Equestrian trail shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for north side of DePortola. 15. Bicycle trails shall be constructed per Figure 6 of Specific Plan No. 219, Amendment NO. 3 along DePortola, Class I and Street A, B and C, Class II. 16. A Major Project Entry Statement shall be constructed per Figure 35 of Specific Plan No. 219, Amendment No. 3 for Lot 361. 17. Minor Project Entry Statements shall be constructed per Figures 35 and 36 of Specific Plan No. 219, Amendment No. 3 for tots 354 and 356. 18. A Project Intersection Entry Statement shall be constructed per Figure 38 of Specific Plan No. 219, Amendment No. 3 for lots 352 and 363. 19. A Slope Transition Area shall be constructed per Figure 13B of Specific Plan No. 219, Amendment No. 3 for the northerly property line of lot 461. 20. Secondary Paseos shall be constructed per the cross section on the map for lots 365 and 366. 21. Roadway landscape treatment shall be constructed per Figure 23A of Specific Plan No. 219, Amendment No. 3 for Butterfield Stage Road. 22. Roadway landscape treatment shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for DePortola Road. 23. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street A. 24. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street B. 25. Roadway landscape treatment shall be constructed per Figure 26 of Specific Plan No. 219, Amendment No. 3 for Street C. 26. The Landscape Development Zone (LDZ) along Major Community Street Scenes including Butterfield Stage Road and DePortola Road shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV.C.1 .b.2.a., b. and c. of Specific Plan No. 219, Amendment No. 3. 27. The LDZs along the Project Street Scenes Streets A, B and C shall use the plant palette per Section IV.C.1 .c.1. of Specific Plan No. 219, Amendment No. 3. 59 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. The landscaping for lot 361 shall use the accent trees on the plant palette in Section IV.C.I.d.1. and 2. of the Specific Plan No. 219, Amendment No. 3. Greenbelt Paseo Trees as identified in Section IV.C. 1 .d .4.a. and b. of Specific Plan No. 219, Amendment No. 3 shall be used for lots 365 and 366. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per Figure 40 of Specific Plan No. 219, Amendment No. 3; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Butterfield Stage Road, Street C and DePortola Road. Project Masonry Walls and Project View Walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets A, B, D, E, F and G (between DePortola Road and Street S). An Equestrian Rail Fence shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3 along the north side of DePortola Road. The Medium Density Residential landscape requirements shall be consistent with Section IV.C.3.d.1. through 7. of Specific Plan No. 219, Amendment No. 3. The accent trees identified in Section IV.C.I.d.3. of Specific Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets A, D, E, F and G. The plant material palette identified in Section IV.C.1 .e. of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. The seed mix for Turf Grass identified in Section IVoC.1 .e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead of the seed mix. Planting shall commence as soon as slopes are completed on any portion of the site and shall provide for rapid short-term coverage of the slope as well as long-term establishment cover per standards set forth in Ordinance 457.75. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping. This condition applies only if construction of the site does not commence within ninety (90) days of grading operations. A one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of s~?Am.~a2~u..c 60 shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. 40. Irrigation for the project site shall be consistent with Section IV.C. 1 .j. of Specific Plan No. 219, Amendment No. 3. 41. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. 42. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. 43. The residential lot street tree requirements and front yard requirements shall be consistent with Section IV.C.3.a. 1 .,2., and 3. of Specific Plan No. 219, Amendment No. 3. 44. All lighting within the project shall be consistent with Section IV.C.5 of Specific Plan No. 219, Amendment No. 3. 45. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 (Section IV). 46. All future development within this project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. 47. The amenities and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway paseos shall be used for developing these areas or as modified by the Planning Application No. 92- 0013 (Development Agreement). 48. Maintenance and timing for completion of all open space areas shall be as identified in Planning Application No. 92-0013 (Development Agreement). 49. A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. 50. A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval. The following needs to be included in these plans: A. Typical front yard landscaping for interior, corner and cul-de-sac lots. B. TypiCal slope landscaping. C. Private and public park improvements and landscaping. S',STAFFRPT~4182ALLPC 6 1 All open space area landscaping including, private and public common areas, private recreational area, paseos, equestrian trails, monuments and Landscape Development Zones. 'E. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. The timing for installation of all landscaping walls and trails shall be identified prior to approval of these plans. The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. J. The responsibility for installation of all landscaping and walls shall be identified. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a part of and shall be consistent with the provisions of the Specific Plan. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of twenty four (24) inch box trees into the design. A note shall be placed on the conceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. 51. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement). 52. If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. 53. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992. StSTAFFRFT%24182ALLPC 62 OTHER AGENCIES 54. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated October 6, 1992, a copy of which is attached. 55. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 56. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. 57. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittal dated January 23, 1992, a copy of which is attached. 58. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal date January 21, 1992, a copy of which is attached. 59. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated January 21, 1992, a copy of which is attached. 60. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittal dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 61. All proposed construction shall comply with the California Institute of Technology, PaiDmar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with as set forth below, or as modified by separate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. Prior to Recordation of Final MaD(a) 62. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA). 63. Community park sites of (3) acres or greater shall be offered for dedication to the City of Temecula, Community Services Department (TCSD) for maintenance purposes following compliance to existing City standards and completion of an application process. S%STAFFRPT~2418~ALL.PC 63 64. 65. 66. 67. 68. 69. 70. 71. All proposed slopes, open space, and park land 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 area. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater shall be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordation of final map. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map will preclude their inclusion into the TCSD. If the City Engineer determines that the project's street improvement bond is insufficient to cover the parkway landscaping and irrigation improvements, the developer shall, prior to recordation of final map, post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteeing the viability of all landscaping installed prior to the acceptance of maintenance responsibility by the TCSD. S',STAFFRPT',241B2ALL, PC 64 Prior to Issuance of Certificate of Occupancy(s) 72. It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of · signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 73. Prior to issuance of any certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. General 74. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES SPECIFICATIONS. AND 75. The developer, the developer's successors or assignee, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. PUBLIC WORKS DEPARTMENT Department of Public Works Conditions of Approval for: Vesting Tentative Tract 24185 -- Paloma Del Sol The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency, All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. 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 Developer correctly shows on the tentative map or site plan 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. GENERAL REQUIREMENTS 76. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. S\STA FFRPT%24182ALLPC 6 5 77. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 78. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for approval prior to recordation of the final map or the issuance of any permits. 79. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 80. 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. PRIOR TO ISSUANCE OF GRADING PERMITS: 61. The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 82. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. 83. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. 84. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Riverside County Flood Control District; Planning Department; Department of Public Works; General Telephone; Southern California Edison Company; and Southern California Gas Company. 85. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 86. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. 87. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. S~STAFFRPT%24182ALLPC 66 88. 89. 90. 91, 92. 93. 94, 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 prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. A drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. Identify and mitigate impacts of grading to any onsite or offsite drainage courses. The location of existing and post development l O0-year floodplain and floodway shall be shown on the improvement plan. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. A permit from Riverside County Flood Control District is required for work within their right-of-way. S~TAt:FRPT~4182ALL.PC 67 PRIOR TO THE ISSUANCE OF ENCROACHMENT PERMITS: 96. All necessary grading permit requirements shall have been submitted/accomplished to the satisfaction of the Department of Public Works. 97. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. 98. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk). Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 99. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. 100. 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 207 and 208. S'~STAFFRPT~24182ALLPC 88 101. All driveways shall be located a minimum of two (2) feet from the side property line. 102. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility prorider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 103. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 104. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO RECORDATION OF FINAL MAP: 105. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, traffic signals and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems. F. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. 106. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern 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; CalTrans; Parks and Recreation Department; General Telephone; 69 Southern California Edison Company; and Southern California Gas Company 107. If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. 108. Pedestrian access with sidewalk shall be provided from the cul-de-sac terminus of Street "L" through the open space to Street "H", and from the cul-de-sac terminus of Street "R" to the adjacent public street "G". 109. 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 approved by the Department of Public Works. 110. Streets "B" at Butterfield Stage Road, "D", "E", "F" and "G" up to Street "S" shall be improved with 50 feet of asphalt concrete pavement with a raised 1 O-foot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A (70'/50'). Street "G" shall transition to 60-foot right-of-way at Street "Q". 111. All remaining interior local streets shall be improved with 40 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. 104, Section A (60'/40'). 112. Street "A" and Street "B" shall be improved with 44 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. 103, Section A (66'/44'). 113, De Portola Road shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). 114. Street "C" shall be improved with 42 feet of half street improvement with a raised median, plus one 12-foot lane outside the median turn lane, or bonds for the street improvements may be posted, within a 108' dedicated right-of-way in accordance with Specific Plan Figure 5A "Gateway Road and modified City Standard No. 100, ( 108 '/84'). 115. Butterfield Stage Road shall be improved with 43 feet of half street improvement with a raised median, plus one 12-foot lane outside the median turn lane, or bonds for the street improvements may be posted, within a 110-foot dedicated right-of-way in accordance with City Standard No. 100, (110'/86'). 116. In the event that the required access improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required access improvements per applicable City Standards~ All Assessment District No. 159 improvements necessary for access S\STAFFRPT',24182AL,L PC 7 0 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development as deemed appropriate by the Department of Public Works. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. Left turn lanes shall be provided at all intersections on Street "A" and De Portola Road. 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, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. 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 amount 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. Vehicular access shall be restricted on Street "A", Street "B", Street "C", De Portola Road and Butterfield Stage Road and so noted on the final map with the exception of street intersections as shown on the approved Tentative Map and as approved by the Department of Public Works. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for De Portola Road, Street "A" , Street "B", Street "C" and Butterfield Stage Road and shall be included in the street improvement plans. Plans for a traffic signal shall be designed by a registered Civil Engineerand approved by the Department of Public Works for the intersection of De Portola Road at Street "C" and shall be included in the street improvement plans with the second plan check submittal. Traffic signal interconnection shall be designed by a registered Civil Engineer to show 1-1/2" rigid conduit with pull rope, and #3 pull boxes on 200-foot centers along the property fronting Butterfield Stage Road. This design shall be shown on the street improvement plans and must be approved by the Department of Public Works. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. Corner property line cut off shall be required per Riverside County Standard No. 805. S\STAFFRPT~.4182ALLPC 7 1 127. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 128. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." 129, 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 permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 130, The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject ,property. 131. 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. 132. Prior to recording the 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 BUILDING PERMIT: 133. A precise grading plan shall be submitted to the Department of Public Works for review and approval. 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. 134. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County Geologist, dated May 30, 1989. 135. 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 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 S~TAFFRPT~24182ALLPC 72 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 a bond to secure payment of the Public Facility fee. The amount of the bond shall be 92.00 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 amount 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; orovided 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: 136. All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. 137. All signing and striping shall be installed per the approved signing and striping plan. 138. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. 139. All traffic signal interconnection shall be installed per the approved plan. 140. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 141, All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. 142. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'/32'). 143. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos, 37, 39, and 94 of the State Standard Specifications. 144. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. s~s~r-r-.~4~az~,L.c 73 County of Riverside HEALTHSERVICES AGENCY TO: FROM: RE: C I T¥ OF 'r~elECULA DATE: Debbie Ubnoske v t En ironmen ai Health Specialist TRACT MAP N0. 24185, FIRST Ek~NSION OF TIME IV 10-06-92 Department of Environmental Health has reviewed Extension of Time and has no objections. SM:dr the First KENNETH L. EDWARDS RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRIGm October 22, 1992 City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Attention: Saied Naaseh Ladies and Gentlemen: Re: RECEIVED Tracts 24182, 24184, 24185, 24186, 24187 and 24188 1st Extensions of Time The District has no objection to the proposed extensions of time for the above referenced projects. SEM:slj sm11022a.sub Very truly yours, DUSTY WILLIAMS Senior Civil Engineer COUNTY FIRE DEPARTMENT J..~._F~ October 15, 1992 ~ C~ TO: Iem ~cula Yl&~ Depar~n= AT~: Sat ad ~aae~ ~e of T~e for Veatl~ =~=a=ive Tract ~p N~ere 24182, 2~1~, 2~185, 2~186, 2~187, 2&[88, Spe :lflc ?1~ No. 219, Pa!~a Dal Sol, ~e~en: No. 3 a~ Develo~mt Agree~u: ~Y cmu~l or quasri~ can be aire==ee to the ~verw~e Coumt7 Fire ?lan~ a~ Euglneeri~ Office. RiveTaide Coun=y Fire Department has no comments for :he FlreE Zxtsnslon ~aymond B. Begis t~D43~OPPl~E '~9.733Gmmt, CbbDd~SeM:F. btb, CA~.MI (619) 343.~f~ · pAX (61~ L~LANN1NO ~.~i~ PAX ~14) 4100~um~r-----l~,~BOc~Tmmmb, CA i~ ~/14) 196S070 · leAX f'/14) S4.~N DEPARTMENT OF TRANSPORTATION ~JAN 2 7 19~2., Planning Department City of Temecula City Hall 43174 Business Park Drive Temeoula, CA 92590 Januar~ 23, 1992 Development Review 08-Riv-79-16.0/17.3S Your Reference: · r~'S 24184 ~h~l 24188 Thank you for the opportunity to review the proposed Tentative Tract Maps 24184 ~h~ough 24188 located nor?.h of Highway 79 between Butterfield Stage Road and Margarita Road in Temecula. Please refer to the attached material on which our conents have been indicated by the ite~ checked end/or by those items noted under additional comments. If any work is necessary within the State highway right of way, the developer must obtain an encroachment permit from the Caltrans District S Permit Office prior to beginning work. Please be advised that this is a conceptual review only. Final approval of street improvements, grading and drainage will be determined during the Encroachment Permit process. If additional information is desired, please call Mr. Steven Wisniewski of our Development Review Section at (714) 383-4384. Attachment Ve ru ours, ./~ AHHADSALAH R~velopment Review Engineer iverside County Date: January 23, 1992 Riv-79-16.0/17.38 (Co-Rte-PH) TTM's 24184 24188 (Your Reference) ~.DDITIONAL COUNTS: We recommend that the developer participate in the Rancho Villages Assessment District No. 159 to mitigate the traffic and/or drainage impacts generated by these proposals. Improvements to Highway 79 should be coordinated before or with development of these tracts. We would like to see a Hydrology/Hydraulics Report for the entire development bounded by Butterfield Stage Road, Margarita Road and State Rou~e 79, including Grading and Drainage plans. Watsr January 21, 1992 Mr. Saied Nasseh City of Tcmccula Planning Depa. huent 43180 Business Park Drive Temecula, CA 92590 Water Availability Vesting Tract Map 24185 Dear Mr. Nasseh: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District [RCWD). Water service, :therefore, would be avm'lable upon completion of financial arrangements between RCWD and the property owner. Water availabfiity would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, ff any, to RCWD. you have any questions, please contact Ms, Senga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P. E. Manager of Development Engineering II:aj28/FEG cc: Senga Doherty, Engineering Technician 7'A RIVERSIDE TRANSIT AGENCY 1925 THIRD STRE'T · RIVERSIDE, CA 92507-3484 "BUS. [714) ;;84.0850 FAX (714) 684-1007 January 21, 1992 Saied Naaseh City of Temecula Pinning Department 43174 Business Park Drive Temecula, CA 92590 RE: Tr 24185 - Planning Area 10 The Meadows at Rancho Calilomia Dear Saied: We do not currently provide seNioe to the site mentioned above but based on the size of the project and our own plans for Mum growth, we are requesting thin a bus turnout or a pad for a bus mop be incorporated into the general design. Ideal sites for the bus turnouts weuid be at 1he tollowing locations: a. Westside corner of Butterfield Stage Road far~ide proposed Street "r (adjacent to Lot # 279) b. Northside comer of De Portola Road farside proposed St. *G" (adjacent to Lot # 197) c. Northside comer of De Portola Road neemid# proposed St. "C" (adjacent to Lot # 170) If possible, we would also like to request that pedestrian walkways and wheelchair curbs de provided near the turnout locations specified above. I can indicate the exact location for the turnouts as the project progresses. Thank you for the oppo~lunity to review and comment on this project. Your efforts to keep us updated on the $1alus of this request will be very much appreciated. Please let us know when this project will be completed. Should you require additional information or specffications, please den't hesitate to contact me. Sincerely, Transit P r BB/jsc PDEV #145 F EC,=IVED MAY 1 ,?* 1992' TEMECULA VALLEY Unified School District SUPERINTENDENT Retncm B. Novomey, Eel,D, BOARD OF EDUCATIOr~ Dr. Davlcl Eur~c~ Ros~e Vanoernaak Joan F, SparKman Wart Swlckla Bartaara Tooker May 7, 1992 The City of Temecula 43174 Business Park Drive Temecula, Ca. 92590 Attention: Mr. Saied Naaseh, Planner Re: Vesting Tentative Tract Maps 24186 & 24188 Dear Mr. Naaseh, Thank you for your inquiry concerning the Landscape Development Zones (LDZ) for the above referenced tract maps. As you are aware, the current configuration of these LDZ's severely reduces the acreage available for the school sites due to their required width. Therefore, we would like to take this opportunity to request that the LDZ regulations regarding the width of the landscaping are not enforced for the perimeters of the two (2) school sites. It is our desire that we work directly with the developer to establish a compatible landscaping arrangement which this developer can then install at the appropriate time. Thank you for your time and cooperation concerning this matter. Very truly yours, Temecula Valley Unified School District Lettie Boggs Coordinator, Facilities Planning LB:bk cc: Bedford Properties 31350 Rancho Vista Road/Temecula, CA 92592 / (714) 676-2661 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 24186, Amendment No. 5, First Extension of Time Project Description: Subdivide 114.1 acres into 445 Single Family Residential, 14 Open Space Lots and 1 Elementary School Site Assessor's Parcel No.: 955-130-011 926-130-028 926-130-029 926-130-030 Approval Date: Expiration Date: PLANNING DEPARTMENT The tentative subdivision shall comply with the State 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 approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. 2. Any delinquent property taxes shall be paid prior to recordation of the final map. 3. Subdivision Phasing shall be subject to Planning Department Approval. 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 permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following notes shall be placed on the ECS: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy." "EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." S\STAFFRFT~4182ALL. PC 74 Prior to issuance of GRADING PERMITS the following Conditions shall be satisfied: If the project is to be phased, prior to the approval of grading permits, 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 utilized 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. The developer shall provide evidence to the Director of Building 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. 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 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 (8100) per tot/unit shall be deposited with the City as mitigation for public library development. With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and subsequent study dated October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and exterior noise levels to 65 Ldn. 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. 75 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 · approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 24186, Amendment No. 5, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Tamecute and will cooperate fully in the defense. If the City fails to promptly notify the sUbdivider of any such claim, 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 Temecula. Covenants, Conditions and Restrictions/Reciprocal Access Easements: The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. 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 all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the 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 said 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 required 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. 10. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. 11o Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 12. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars ($875.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in coml~liance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) 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 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required S~TAFFRPT~418ZALLPC 76 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). 13. A Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets C, B, T, F and D. 14. Bicycle trails shall be constructed per Figure 6 of Specific Plan No, 219, Amendment No. 3 along Meadows Parkway, Class I and Street A, Class II. 15. Minor Project Entry Statements shall be constructed per Figures 35 .and 36 of Specific Plan No. 219, Amendment No. 3 for lot 449. 16. A Paseo Entry Statement with Pedestrian Crossing shall be constructed per Figure 49 of Specific Plan No. 219, Amendment No. 3 for Intersection of Meadows and Street D. 17. A Community Paseo shall be constructed per Figure 30 of Specific Plan No. 219, Amendment No. 3 for lots 451,452, 457 and 460. 18. Secondary Paseo shall be constructed per the cross section on the map for lots 447, 456 and 458. 19. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street A. 20. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Meadows Parkway. 21. The Landscape Development Zone (LDZ) along Major Community Street Scene, Meadows Parkway, shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV.C.1 .b.2.a., b. and c. of Specific Plan No. 219, Amendment:No. 3. 22. The LDZs along the Project Street Scene. Street A, shall use the plant palette per Section IV.C.1 .c.1. of Specific Plan No. 219, Amendment No. 3. 23. Greenbelt Paseo Trees as identified in Section IV.C. 1 .d .4.a. and b. of Specific Plan No. 219, Amendment No. 3 shall be used for lots 451,452,457,460,447,456,458 and the intersection of Meadows and Street D. 24. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per figure 40; the finish and color of these walls shall be consistent with Section IV.C.2.b~2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Meadows Parkway. 25. Project Masonry Walls and Project View walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets A, B, C (between Street A and Street G, if it does not interfere with access to any lots), T (between A Street and P Street, if it does not interfere with access to any lots), F & D (between Meadows Parkway and Street N). S%STAFFRFT~4182ALL PC 7 7 26. 27. 28, 29. 30. 31. 32. 33. 34. 35. 36. The Medium High Density Residential landscape requirements shall be consistent with Section IV.C.3.c.1. through 14. of Specific Plan No. 219, Amendment No. 3. The accent trees identified in Section IV.C.I.d.3. of Specific Plan No. 219, Amendment No, 3 shall be used for the landscaping for Streets A, B, C, D and F. The plant palette for Evergreen Background Grove Trees per Section IV.C.1 .d.4.a of Specific Plan No. 219, Amendment No. 3 and the plant palette for Deciduous Accent Grove Trees per Section IV.C.1 .b.2.a. shall be used for the landscape buffer zones in lots 461. The plant material palette identified in Section IV.C.1 .e. of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. The seed mix for Turf Grass identified in Section IV.C.1 .e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead of the seed mix. Planting shall commence as soon as slopes a~e completed on any portion of the site and shall provide for rapid short-term coverage of the slope as well as long-term establishment cover per standards set for in Ordinance 457.75. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping. This condition applies only if construction of the site does not commence within ninety (90) days of grading operations. A one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. Irrigation for the project site shall be consistent with Section IV.C. 1 .j. of Specific Plan No. 219, Amendment No. 3. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. $~STAFFI~fr'~241 il2ALL I~C 7 8 37. The residential lot street tree requirements and front yard requirements shall be consistent with Section IV.C.3.a. 1 .,2., and 3. of Specific Ran No. 219, Amendment No. 3. 38. All lighting within the project shall be consistent with Section IV.C.5 of Specific Plan No. 219, Amendment No. 3. 39. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 (Section IV). 40. All future development within ~his project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. 41. The amenities and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway paseos shall be used for developing these areas or as modified by the Planning Application No. 92- 0013 (Development Agreement). 42. Maintenance and timing for completion of all open space areas shall be as identified in Planning Application No. 92-0013 (Development Agreement). 43, A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. 44. A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval. The following needs to be included in these plans: A. Typical front yard landscaping for interior, corner and cul-de-sac lots. B. Typical slope landscaping. C. Private and public park improvements and landscaping. D. All open space area landscaping including, private and public common areas, private recreational areas, paseos, equestrian trails, monuments and Landscape Development Zones. E. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. F. The timing for installation of all landscaping walls and trails shall be identified prior to approval of these plans. G. The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. S',STAFFRPT',241eZALLI:C 79 The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. J. The responsibility for installation of all landscaping and walls shall be identified. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a part of and shall be consistent with the provisions of the Specific Plan. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of twenty four (24) inch box trees into the design. A note shall be placed on the conceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. 45. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement). 46. If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. 47. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992. OTHER AGENCIES 48. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated October 6, 1992, a copy of which is attached. 49. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to' Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. S~STAFFI~wF~24 1182ALL PC 8 0 50. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. 51. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittal dated January 23, 1992, a copy of which is attached. 52. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal date January 21, 1992, a copy of which is attached. 53, The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittel dated January 21, 1992, a copy of which is attached. 54. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittal dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 55. All proposed construction shall comply with the California Institute of Technology, PaiDmar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with as set forth below, or as modified by separate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. Prior to Recordation of Final MaD(s) 56. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA). 57. Community park sites of (3) acres or greater shall be offered for dedication to the City of Temecula, Community Services Department (TCSD) for maintenance purposes following compliance to existing City standards and completion of an application process. 58. All proposed slopes, open space, and park land 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 area. 59. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application process. All other slopes shall be maintained by an established Home Owners AssOciation (HOA). S~TA~P~n~4~ ~AU_PC 81 60. Proposed open space areas shall be maintained by an established Home Owners Association (HOA), Open space areas of three (3) acres or greater shall be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. 61. Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. 62. All necessary documents to convey to the TCSD any re~luired easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordation of final map. 63. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. 64. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map will preclude their inclusion into the TCSD. 65. If the City Engineer determines that the project's street improvement bond is insufficient to cover the parkway landscaping and irrigation improvements, the developer shall, prior to recordation of final map, post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteeing the viability of all landscaping installed prior to the acceptance of maintenance responsibility by the TCSD. Prior to Issuance of Certificate of Occupancy(e) 66, It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 67. Prior to issuance of ~n¥ certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. S%STAFFRPT~4182AU_PC 82 Genqral 68. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES SPECIFICATIONS. AND 69. The developer, the developer's successors or assignee, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. PUBLIC WORKS DEPARTMENT Department of Public Works Conditions of Approval for: Vesting Tentative Tract 24186 -- Paloma Del Sol The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. 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 Developer correctly shows on the tentative map or site plan 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. GENERAL REQUIREMENTS 70. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 71. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 72. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for approval prior to recordation of the final map or the issuance of any permits. 73. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. S~STA~=em;4~eZ~a. LPC 83 74. PRIOR 75. 76. 77. 78. 79. 80. 81. 82. 83. 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. TO ISSUANCE OF GRADING PERMITS: The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Riverside County Flood Control District; Planning Department; Department of Public Works; General Telephone; Southern California Edison Company; and Southern California'Gas Company. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 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 prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. mSTAFFRPr,24~e2AU_PC 84 84. A drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria; Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. be Identify and mitigate impacts of grading to any onsite or offsite drainage courses. The location of existing and post development l OO-year floodplain and floodway shall be shown on the improvement plan. 85. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 86. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 87. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. 88. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. 89. A permit from Riverside County Flood Control District is required for work within their right-of-way. PRIOR TO THE ISSUANCE OF ENCROACHMENT PERMITS: 90. All necessary grading permit requirements shall have been submitted/accomplished to the satisfaction of the Department of Public Works. 91. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36~ mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. 92. 93. 94, 95. 96. 97. 98. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: A. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. B. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk). C. Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. D. Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401. E. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. F. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. G. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. H. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. I. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. The minimum centerline grade for streets shall be 0.50 percent or-as otherwise approved by the Department of Public Works. 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 207 and 208. All driveways shall be located a m~nimum of two (2) feet from the side property line. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 86 PRIOR TO RECORDATION OF FINAL MAP: 99. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, traffic signals and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems. F. AJI trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. 100. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control District; City of Temecuta Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; CalTrans; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southern California Gas Company 101. If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. 102. Pedestrian access with sidewalk shall be provided from the cul-de-sac terminus of Street "D", "J", "M", "P", "Q", "S" and "U" through the open space and paseo areas to adjacent streets. 103. 104. 105. 106. 107. 108. 109. 110. 111. 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 approved by the Department of Public Works, Streets "B" up to Street "G", "C", "D" up to Street "N", "F" and "T" up to Street "P" shall be improved with 50 feet of asphalt concrete pavement with a raised 10-foot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A (70'/50'). All remaining interior local streets shall be improved with 40 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. 104, Section A (60'/40'}. Street "A" shall be improved with 44 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. 103, Section A (66'/44'). Meadows Parkway shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the Street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). In the event that the required access improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required access improvements per applicable City Standards. All Assessment District No. 159 improvements necessary for access to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecuta for construction of all offsite improvements necessary to serve the development as deemed appropriate by the Department of Public Works. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standard~ and as shown on the approved Tentative Map. Left turn lanes shall be provided at all intersections on Street "A" and Meadows Parkway. 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, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. 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 amount 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. S\STA~4182ALLPC 8 6 112. 113. 114. 115. 116. 117. 118. 119. 120. 121, 122. Vehicular accessshall be restricted on Street "A" and Meadows Parkway and so noted on the final map with the exception of street intersections and across the elementary school site frontage as shown on the approved Tentative Map and as approved by the Department of Public Works. A signing and striping plan shall be designed' by a registered Civil Engineer and approved by the Department of Public Works for Street "A" and Meadows Parkway and shall be included in the street improvement plans. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Meadows Parkway at Street "D" and shall be included in the street improvement plans with the second plan check submittal. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. Corner property line cut off shall be required per Riverside County Standard No. 805. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and Shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." 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 permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The developer shell comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 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. S%STAFFlirr~4 162AU_ PC 8 9 123. Prior to recording the 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 BUILDING PERMIT: 124. A precise grading plan shall be submitted to the Department of Public Works for review and approval. 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. 125. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County Geologist, dated May 15, 1989. 126. 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 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 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 a bond to secure payment of the Public Facility fee. The amount of the bond shall be 92.00 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 amount 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; orovide(;I 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: 127. All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. 128. All signing and striping shall be installed per the approved signing and striping plan. 129. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. 130. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. S~.STAFFRPT%24182ALLPC 90 131. 132. 133. 134. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'/32'). Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. S~STAr'H~'r~ ~U,.C 91 County of Riverside HEALTH SERVICES AGENCY TO: FROM: RE: CITY OF TEMECULA DATE: AT'rN: Debb~e Ubnoske SAM vironmental Health Specialist IV TRACT MAP NO. 24186, FZRST EX,~NSION OF TIME 10-06-92 Department of Environmental Health has reviewed the FZrst Extension of Time and has no objections. SM:dr KENNETH L. EDWARDS RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT October 22, 1992 City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Attention: Saied Naaseh Ladies and Gentlemen: Re: RECEIVED bs'a ............ Tracts 24182, 24184, 24185, 24186, 24187 and 24188 1st Extensions of Time The District has no objection to the proposed extensions of time for the above referenced projects. SEM:slj sm11022a.sub Very truly yours, DUSTY WILLIAMS Senior Civil Engineer RIVERSIDE COUNTY FIRE DEPARTMI NT _ ~' 2~D WF.,qT .qAN 14L'a~TO AVB/'.vUE * FER.R~, , Cri~) ~57-3183 Riverside Coun=y F=re Depar~msn= has no co~ents for the Firs= Ex=snslon : Vsstiu2 ~snca=ive Tract Map Nunbars 241820 2418~. 24185, 24186, 24187s :iftc Ylan No. 219, Pa!oma Del S010 Ame=~men= No. ~ l~ Daveinane Any ne~eu~s Or questions can be directe~ to the iiversids Counzy ?ire Departhertz, ?~annin~ S: ~ Engineeri~ Office. Chief Fire DaparmenE Planner C2 L~}s.~ OPIqCi ?9.733Ceus~CkbDd~,SdeF, ind~CA/Z201 (619) 3,G. gM~ · ~AX (61~ ?%,qOT~ 4|O02CmmiTr--Dd&kiZ2,~Tmmnda, C. AeZXC (714) e4.,10'/0 · FAX (714) e4.l~i $TA"I~ ~ CALIFORNIA..--IUSII4E$$, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION ~JAN 2 7 19~2-_ ~ Planning Department City of Temecula City Hall 43174 Business Park Drive Temec~lla, CA 92590 Jnnuar~ 23, 1992 Development Review 08-1t/v-79-16.0/17.38 Your Reference: TTM#S 24184 ~ 24188 Thank you for the opportunity to review the proposed Tentative Tract leaps 24184 through 24188 located north of Highway 79 between Butterfield Stage Road and Margarita Road in Temecula. Please refer to the attached material on which our comments have been indicated by the items checked and/or by those items noted under additional comments. If any work is necessary within the State highway right of way, the developer must obtain an encroachment permit from the Caltrans Districts Permit Office prior to beginning work. Please be advised that this is a conceptual review only. Final approval of street improvements, grading and drainage will be determined during the Encroachment Permit process. If additional information is desired, please call Mr. Steven Wisniewski of our Development Review Section at (714) 383-4384. Attachment ve ru ours, ./~ AHMADSALAH evelopment Review Engineer RD d iversi · County Date: January 23, 1992 Riv-79-16.0/17.38 (Co-Rte-PM) TTM's 24184 - 24188 (Your Reference) ~3)DITIONAL COMM~-NTS: We recommend that the developer participate in the Assessment District No. 159 to mitigate the traffic impacts generated by these proposals. Rancho Villages and/or drainage Improvements to Highway 79 should be coordinated before or with development of these tracts. We would like to see a Hydrology/Hydraulics Report for the entire development bounded by Butterfield Stage Road, Margarita Road and State Route 79, including Grading and Drainage plans. January 21, 1992 Mr. Saied N,--~eh City of Tcmccula Planning DepatLment 43180 Business Park Drive Temecula, CA 92590 Water Availability Vesting Tract Map 24186 Dear Mr. Nasseh: :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 fights, 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 fi:Sj28/FEG cc: Scnga Doherty, Engineering Technician R7'A RIVERSIDE TRANSIT AGENCY 1825 THIRD STREET · RIVERSIDE. CA 9;Z507-3484 · BUS. [714) 6840850 FAX (714) 684-1007 January 21, 1992 Saied Naaseh City of Temecula Pinning Department 43174 Business Park Drive Temecula, CA 92590 RE: 'R' 24186- Planning Areas 11,12,13,14 The Meadows at Rancho California 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 mop be incorporated into the general design. An ideal location for the bus turnout would be on eastside comer of Bueddng Parkway tamide proposed Street *A" (adjacent to Lot # 197). If possible, we would also like to request that pedestrian elkways and wheelchair ou~ be provided near the turnout location spec~led above. I can indicate the exact location for the turnout as the project progresses. Thank you for the opportunity to review and comment on this project. YOUr elfotis to keep us updated on the status of this request will be ve~/much llppreciated. Please let us know when this project will be completed. Should you require additional information or spectcations, please don'l hesitate to contact me. Sincerely, BBFjsc PDEV #143 RECEIVED MAY 12 1992' TEMECULA VALLEY Unified School District SUPERINTENDENT Pltricil B, Novotn~y, Ed,D. BOARD Or EDUCATION Dr, Dawd Eurlc~ Ros~e Vanoerhaak Joan F SparKman May 7, 1992 The City of Temecuia 43174 Business Park Drive Temecula, Ca. 92590 Attention: Mr. Saied Naaseh, Planner Re: Vesting Tentative Tract Maps 24186 & 24188 Dear Mr. Naaseh, Thank you for your inquiry concerning the Landscape Development Zones (LDZ) for the above referenced tract maps. As you are aware, the current configuration of these LDZ's severely reduces the acreage available for the school sites due to their required width. Therefore, we would like to take this opportunity to request that the LDZ regulations regarding the width of the landscaping are not enforced for the perimeters of the two (2) school sites. It is our desire that we work directly with the developer to establish a compatible landscaping arrangement which this developer can then install at the appropriate time. Thank you for your time and cooperation concerning this matter. Very truly yours, Temecuia Valley Unified School District Lettie Boggs Coordinator, Facilities Planning LB:bk cc: Bedford Properties 31350 Rancho Vista Road / Temecula, CA 92592 / (714) 676-2661 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 24187, Amendment No. 3, First Extension of Time Project Description: To Subdivide 74.6 acres into 363 Single Family Residential and 10 Open Space Lots Assessor's Parcel No.: 955-030-008 955-030-009 955-030-010 Approval Date: Expiration Date: PLANNING DEPARTMENT The tentative subdivision shall comply with the State 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 approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. 2. Any delinquent property taxes shall be paid prior to recordation of the final map. 3. Subdivision phasing shall be subject to Planning Department Approval. 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 permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following notes shall be placed on the ECS: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy.' "EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." 92 Prior to issuance of GRADING PERMITS the following Conditions shall be satisfied: If the project is to be phased, prior to the approval of grading permits, 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 utilized 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. The developer shall provide evidence to the Director of Building 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. 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 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 tot/unit shall be deposited with the City as mitigation for public library development. With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and subsequent study dated October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and exterior levels to 65 Ldn. 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. 93 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 approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 24187, Amendment No. 3, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula 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 promptly notify the subdivider of any such claim, 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 Temecula. Covenants, Conditions and Restrictions/Reciprocal Access Easements: The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. 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 all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the 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 said 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 required 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. 10. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. 11. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 12. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars ($875.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) 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 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required S~S~FF~P~2~UN.~PC 94 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). 13. A Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets B, C, D and E. 14. Bicycle trails shall be constructed per Figure 6 of Specific Plan No. 219, Amendment No. 3 along Meadows Parkway, Class I and Streets A, B and C, Class II. 15. Minor Project Entry Statements shall be constructed per Figures 35 and 36 of Specific Plan No. 219, Amendment No. 3 for lot 365. 16. A Community Paseo shall be constructed per Figure 30 of Specific Plan No. 219, Amendment No. 3 for lots 369. 17. A Secondary Paseo shall be constructed per the cross section on the map for lots 372 and 373. 18. A Paseo Entry Statement shall be constructed per Figure 39 of Specific Plan No. 219, Amendment No. 3 for lot 369. 19. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street A. 20. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Meadows Parkway. 21. The Landscape Development Zone (LDZ) alon~3 Major Community Street Scene, Meadows Parkway, shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV.C.1 .b.2.a., b. and c. of Specific Plan No. 219, Amendment No. 3. 22. The LDZs along the Project Street Scene Street A shall use the plant palette per Section IV.C.1 .c.1. of Specific Plan No. 219, Amendment No. 3. 23. Greenbelt Paseo Trees as identified in Section IV.C. 1 .d.4.a. and b. of Specific Plan No. 219, Amendment No. 3 shall be used for lots 369,372 and 373. 24. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per Figure 40 of Specific Plan No. 219, Amendment No. 3; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Meadows Parkway. 25. Project Masonry Walls and Project View Walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets A, B; C, D, and E. 26. The Medium High Density Residential landscape requirements shall be consistent with Section IV.C.3.c.1. through 14. of Specific Plan No. 219, Amendment No. 3. S~ST~r+'~aZ~U_.C 95 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. The accent trees identified in Section IV.C.I.d.3. of Specific Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets A, B, C, D and E. The plant material palette identified in Section IV.C.I.e. of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. The seed mix for Turf Grass identified in Section IV.C.1 .e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead of the seed mix. Planting shall commence as soon as slopes are completed on any portion of the site and shall provide for rapid short-term coverage of the slope as well as long-term establishment cover per standards set for in Ordinance 457.75. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation ofthis landscaping. This condition applies only if construction of the site does not commence within ninety (90) days of grading operations. A one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. Cut slopes equal to or greater than five (5) feet in vertical height and fill slol~es equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaces not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. Irrigation for the project site shall be consistent with Section IV.C. 1 .j. of Specific Plan No. 219, Amendment No. 3. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. The residential lot street tree requirements and front yard requirements shall be consistent with Section IV.C.3.a. 1 .,2., and 3. of Specific Plan No. 219, Amendment No. 3. All lighting within the project shall be consistent with Section IV.C.5 of Specific Plan No. 219, Amendment No. 3. S%STAFFRPT~2.411B2ALLPC 96 38. 39. 40. 41. 42. 43. B. C. D. F. G. H. I. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 (Section IV). All future development within this project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No, 3. The amenities and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway paseos shall be used for developing these areas or as modified by the Planning Application No. 92- 0013 (Development Agreement). Maintenance and timing for completion of all open space areas shall be as identified in Planning Application No. 92-0013 (Development Agreement). A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval. The following needs to be included in these plans: Typical front yard landscaping for interior, corner and cul-de-sac lots. Typical slope landscaping. Private and public park improvements and landscaping. All open space area landscaping including, private and public common areas, private recreational areas, paseos, equestrian trails, monuments and Landscape Development Zones. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. The timing for installation of all landscaping walls and trails shall be identified prior to approval of these plans. The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. The responsibility for installation of all landscaping and walls shall be identified. S',STAF~RPT%24182ALLPC 97 All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a part of and shall be consistent with the provisions of the Specific Plan. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of twenty four (24) inch box trees into the design. A note shall be placed on the conceptual landscape plans tl~at all trees shall be double staked and automatic i~rigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement). If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992. OTHER AGENCIES 44. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated October 6, 1992, a copy of which is attached. 45. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land DiVision Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 46. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. S~TAFFRPT~4tB2ALL.PC 96' 47. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittal dated January 23, 1992, a copy of which is attached. 48. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal date January 21, 1992, a copy of which is attached. 49. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated January 21, 1992, a copy of which is attached. 50. The applicant shall comply with the recommendation outlined in the Ternecula Valley Unified School District transmittal dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 51. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory 'Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with as set forth below, or as modified by Separate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. Prior to RecordaTion of Final MaD(s) 52. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA). 53. Community park sites of (3) acres or greater shall be offered for dedication to the City of Temecula, Community Services Department (TCSD) for maintenance purposes following compliance to existing City standards and completion of an application process. 54. All proposed slopes, open space, and park land 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 area. 55. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). 56. Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater shall be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. S~TA~4~e;AU_.C 99 57. Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. 58. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordation of final map. 59. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. 60. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map will preclude their inclusion into the TCSD. 61. If the City Engineer determines that the project's street improvement bond is insufficient to cover the parkway landscaping and irrigation improvements, the developer shall, prior to recordation of final map, post a landscape performance bond which Shall be released concurrently with the release of subdivision performance bonds, guaranteeing the viability of all landscaping installed prior to the acceptance of maintenance responsibility by the TCSD. Prior to Issuance of Certificate of Occuoancv(s) 62, It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 63. Prior to issuance of tny certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. General 64. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES SPECIFICATIONS. AND 65. The developer, the developer's successors or assignee, sha be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. S~TAm~n24~ 82A~.PC 100 PUBLIC WORKS DEPARTMENT Department of Public Works Conditions of Approval for: Vesting Tentative Tract 24187 - Paloma Del Sol The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. 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 Developer correctly shows on the tentative map or site plan 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. GENERAL REQUIREMENTS 66. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 67. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 68. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for approval prior to recordation of the final map or the issuance of any permits. 69. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 70. 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. PRIOR TO ISSUANCE OF GRADING PERMITS: 71. The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 72. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. 73. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed. or the project is shown to be exempt. $~TAFFRPT~P4182~J..LPC 101 74. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Riverside County Flood Control District; Planning Department; Department of Public Works; General Telephone; Southern California Edison Company; and Southern California Gas Company. 75. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 76. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. 77. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 78. A flood mitigation charge shall be paid. The charge shall e~lual the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. 79. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. 80. A drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities. as directed by the Department of Public Works. Identify and mitigate impacts of grading to any onsite or offsite drainage courses. The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan. 81. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited S~STAFFRPT~4182ALLPC 102 for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 82. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 83. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. 84. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. 85. A permit from Riverside County Flood Control District is requi~ed for work within their right-of-way. PRIOR TO THE iSSUANCE OF ENCROACHMENT PERMITS: 86. All necessary grading permit requirements shall have been submitted/accomplished to the satisfaction of the Department of Public Works. 87. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. 88. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk). Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approVed by the Department of Public Works. 103 F. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 89. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. 90. 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 207 and 208, 91. All driveways shall be located a minimum of two (2) feet from the side property line, 92. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 93. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 94. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works, PRIOR TO RECORDATION OF FINAL MAP: 95. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. Sewer and domestic water systems, 96. 97. 98. 99. 100. 101. 102. F. All trails;~s required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern 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; CalTrans; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southern California Gas Company If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. Pedestrian access with sidewalk shall be provided from the cul-de-sac terminus of Streets "G", "H", "L", "M", "N", "R", "S" and "T" through the open space and paseo areas to adjacent streets. 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 approved by the Department of Public Works. Streets "B", "C", "D" and "E" shall be improved with 50 feet of asphalt concrete pavement with a raised lO-foot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A (70'/50'). All remaining interior local streets shall be improved with 40 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. 104, Section A (60'/40'). Street "A" shall be improved with 44 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. 103, Section A (66'/44'). S~TA~4182ALLPC 105 103. Meadows Parkway shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). 104. In the event that the required access improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required access improvements per applicable City Standards. All Assessment District No. 159 improvements necessary for access to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development as deemed appropriate by the Department of Public Works. 105. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. 106. Left turn lanes shall be provided at all intersections on Street "A" and Meadows Parkway. 107. 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, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. 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 amount 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. 108. Vehicular access shall be restricted on Street "A" and Meadows Parkway and so noted on the final map with the exception of street intersections as shown on the approved Tentative Map and as approved by the Department of Public Works. 109. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Street "A" and Meadows Parkway and shall be included in the street improvement plans. 110. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 111. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. 112. Corner property line cut off shall be required per Riverside County Standard No. 805. 113. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. S~STAF~RP?~4~ e~.LPC 106 114. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." 115. 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 permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 116. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 117. 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. 118. Prior to recording the 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 BUILDING PERMIT: 119. A precise grading plan shall be submitted to the Department of Public Works for review and approval. 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. 120. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County Geologist, dated May 15, 1989, for Tentative Tract Map 24186. 121. 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 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 execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, S%$TAFFRPT%24182ALLPC 107 developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond 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 amount 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; orovided 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: 122. All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A,C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. 123. All signing and striping shall be installed per the approved signing and striping plan. 124. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 125. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. 126. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'/32'). 127. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. 128. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. S~STAFFeYr~4~ e~_.C 108 County of Riverside HEALTH SERVICES AGENCY TO: FROM: RE: CITY OF EMECULA DATE: AlaN: DebbZe Ubnoske _ vironmental--~A Health Specialist TRACT MAP N0. 24187, FIRST EX'i'~NSION OF TIME IV 10-06-92 Department of Environmental Health has reviewed Extension of Time and has no objections. SM:dr the First KENNETH L. EDWARDS RIVERSIDE COUNTY FLOOD CONTROL AND WA'm'ER CONSERVATION DI~ rRICT October 22, 1992 City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Attention: Saied Naaseh Ladies and Gentlemen: Re: RECEIVED c ~'d ............ Tracts 24182, 24184, 24185, 24186, 24187 and 24188 1st Extensions of Time The District has no objection to the proposed extensions of time for the above referenced projects. SEM:slj sm11022a.sub Very truly yours, DUSTY WILLIAMS Senior Civil Engineer !DE COUNTY FIRE DEPARTMENT TO: Ism~cula Flt~-~-_= Depar_*m~nt REF: FiT at Extension c_~ Time ........... 24~BB, Spe. Agre~c Riverei~a County Fire Department has no cants Jot the Firs~ F, xcenslon ~ Vesciu2 Tentative Trac= Hap Nummbazs 24182, 2418A, 24185, 2~186, 2~187, 2 Del Sol, AmendmenZ No. 3 and Development :ific Plan No. l~, Paleme ~2-2. Amy commenhs or questions can be directed to the Everside County Fire Deparrment, ?lan~in2 s~d Zn21neerim2 0£!ice. Chief FAre Deparmen: Planner By ~ryan Firs (619) 343.6~6 · ~'AX(619177~.~ ~Tib(SCtAAa'e,l~ 4XQOZ Cotmq, r-.---De~.~:.-2~,Tm CA gZ3eC C'/14),W4.S079 · FAX (TI4)aN.IOB DEPARTMENT OF TRANSPORTATION iJAN 2 7 Planning Department City of Temecula City Hall 43174 Business Park Drive Temecula, CA 92590 January 23, 1992 Development Review 08-Riv-79-16.0/17.38 Your Reference: TEM'S 24184 ~ 24188 Thank you for the oppor~nnity to review the proposed Tentative Tract ~ps 24184 through 24188 located north of Highway 79 between Butterfield Stage Road and Margarita Road in Temecula. Please refer to the attached material on which our comments have been indicated by the items checked and/or by those it~m~ noted under additional comments. If any work is necessary within the State highway right of way, the developer must obtain an encroachment permit from the Caltrans District 8 Permit Office prior to beginning work. Please he advised that this is a conceptual review only. Final approval of street improvements, grading and drainage will be determined during the Encroacrument Permit process. If additional information is desired, please call ~r. Steven Wisniewski of our Development Review Section at (714) 383-4384. Attachment Very truly yours, Date: January 23, 1992 Riv-79-16.0/17.38 (Co-Rte-PM) TTN's 24184 - 24188 (Your Reference) ADDITIONJT. COM~f~.NTS: We recommend that the developer participate in the Assessment District No. 159 to mitigate the traffic impacts generated by these proposals. Rancho Villages and/or drainage Improvements to Highway 79 should be coordinated before or with development of these tracts. We would like to see a Hydrology/Hydraulics Report for the entire development bounded by Butterfield Stage Road, Margarita Road and State Route 79, including Grading and Drainage plans. Wa r January 21, 1992 Mr. Saied Naasch City of Temecula Planning Department 43180 Business Park Drive Temecula, CA 92590 Water Availability Vesting Tract Map 241~7 Dear Mr. Nassch: 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 arrangemenu between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, ff any, to RCWD. If you have any questions, please contaa Ms. Senga Doheny. Sincerely, RANCHO CALIFORNIA WATER DISTRICY Steve Brannon, P. E. Manager of Development Engineering $8:sj~/FEG cc: Senga Doherty, Engineering Technician RTARIVERSIDE TRANSIT AGENCY 18~5 THIRD 5'TR~ · R~S:ISE:)E, CA 9~507-3484, BUS. (714) 684~850 FAX [714] 684-1007 January 21, 1992 Saied Naaseh City of Ternecuia Planning Depanmenf 43174 Business Park Drive Ternecuta, CA 92590 RE: Tr 24187 - Pinning Areas 23 & 24 The Meadows at Rancho California Dear Said: We do not currenfly 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 bad for a bus mop be incorporated into the general design. Ideal sites forthe bus turnouts would be at the following locations: a. Eastside comer of Buectdng PadoNay marside proposed Streat "D" (adjacent to Lot # 4) b. Eastside comer of Buecidng Parkway nearside proposed Street *A" (adjacent to Lot # 141 ) If possible, we would also like to request that pedestrian walkways and wheelchair cufos be provided near the turnout locations specified above. I can indicate the exact location for the turnouts as the project progresses. Thank you for the opportunity to review and comment 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 cornpleted. Should you require additional information or specifications, please den1 hesitate to contact me. Sincerely, Transit Planner BBrjso PDEV #141 RECEIVED MAY 12 1992' TEMECULA VALLEY Unified School District SUPERINTENDENT BOARD OF EDUCATION Dr Daw~ Eur=cn Ros,e Vanoernaa~ Joan F SparKman May 7, 1992 The City of Temecula 43174 Business Park Drive Temecula, Ca. 92590 Attention: Mr. Saied Naaseh, Planner Re: Vesting Tentative Tract Maps 24186 & 24188 Dear Mr. Naaseh, Thank you for your inquiry concerning the Landscape Development Zones (LDZ) for the above referenced tract maps. As you are aware, the current configuration of these LDZ's severely reduces the acreage available for the school sites due to their required width. Therefore, we would like to take this opportunity to request that the LDZ regulations regarding the width of the landscaping are not enforced for the perimeters of the two (2) school sites, It is our desire that we work directly with the developer to establish a compatible landscaping arrangement which this developer can then install at the appropriate time, Thank you for your time and cooperation concerning this matter. Very truly yours, Temecula Valley Unified School District Lettie Boggs Coordinator, Facilities Planning LB:bk cc: Bedford Properties 31350 Rancho Vista Road /Temecula, CA 92592 / (714) 676-2661 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 24188, Amendment No. 3, First Extension of Time Project Description: To Subdivide 127.1 acres into 351 Single Family Residential, 26 Open Space Lots, 1 Elementary School Site and 1 NeighbOrhood Commercial Lot Assessor's Parcel No.: 955-030-002 955-030-003 955-030-004 955-030-006 955-030-007 Approval Date: Expiration Date: PLANNING DEPARTMENT The tentative subdivision shall comply with the State 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 approved in accordance with the State Map Act and City Ordinance, upon written request~ if made 30 days prior to the expiration date. 2. Any delinquent property taxes shall be paid prior to recordation of the final map. 3. Subdivision Phasing shall be subject to Planning Department approval.' 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 permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following notes shall be placed on the ECS: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy." "EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." 109 Prior to issuance of GRADING PERMITS the following Conditions shall be satisfied: If the project is to be phased, prior to the approval of grading permits, 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 utilized 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. The developer shall provide evidence to the Director of Building 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. Ce 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 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. With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and subsequent study dated October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and exterior noise levels to 65 Ldn. Roof-mounted mechanical equipment shall not be permitted within the suball.vision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. 110 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 approval of the City of Temacula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 24188, Amendment No. 3, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula 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 promptly notify the subdivider of any such claim, 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 Temecula. Covenants, Conditions and Restrictions/Reciprocal Access Easements: The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. 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 all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the 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 said 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 required 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. 10. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. 11. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 12. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars ($875.00) which includes the Eight Hundred, Fifty Dollar (9850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) plus the Twenty-Five Dollar (925.00) 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 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required S',STAFFRPT~.4182~eJJ..PC 11 I 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). 13. A Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets D, B, E, M, N, W and BB. 14. An Equestrian trail shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for south side of Pauba Road. 15. Bicycle trails shall be constructed per Figure 6 of Specific Plan No.. 219, Amendment No. 3 along Meadows Parkway, Class I and Streets A, AA, K and Pauba Road, Class II. 16. Major Community Entry Statements shall be constructed per Figures 32 and 33 of Specific Plan No. 219, Amendment No. 3 for lot 357. 17. Minor Proiect Entry Statements shall be constructed per Figures 35 and 36 of Specific Plan No, 219, Amendment No. 3 for lots 364, 365,378 and 354. 18. A Minor Community Entry Statement shall be constructed per Figure 32 of Specific Plan No. 219, Amendment No. 3 for lot 360. 19. A Project Intersection Entry Statement shall be constructed per Figure 38 of Specific Plan No. 219, Amendment No. 3 for lots 380 and 369. 20. A Slope Transition Area shall be constructed per Figure 13B of Specific Plan No. 219, Amendment No. 3 for the westerly property line of lot 362 and the northerly and westerly property lines of lot 367. 21. A Landscaped Transition Area shall be constructed per Figure 13C of Specific Plan No. 219, Amendment No. 3 for the southerly boundary of lot 362. 22. A Community Paseo shall be constructed per Figure 30 of Specific Plan No. 219, Amendment No. 3 for lot 374. 23. A Paseo Entry Statement shall be constructed per Figure 39 of Specific Plan No. 219, Amendment No. 3 for both ends of lot 374. 24. Roadway landscape treatment shall be constructed per Figure 23C of Specific Plan No. 219, Amendment No. 3 for Butterfield Stage Road. 25. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street AA. 26. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street A. 27. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for southerly side of Street K. S~TAB~24~a2~L.C I I 2 28. Roadway landscape treatment shall be constructed per Figure 28 of Specific Plan No. 219, Amendment No. 3 for northerly side of Street K except as noted on the map. 29. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No, 219, Amendment No. 3 for Meadows Parkway. 30. Roadway landscape treatment shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for Pauba Road. 31. The Landscape Development Zone (LDZ) along Major Community Street Scenes including Meadows Parkway, Pauba Road and Butterfield Stage Road shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV.C.1 .b.2.a., b. and c. of Specific Plan No. 219, Amendment No. 3. 32. The LDZs along the project street scenes Streets A, AA and K shall use the plant palette per Section IV.C.1 .c.1. of Specific Plan No. 219, Amendment No. 3. 33. The landscaping for lot 357 and 360 shall use the accent trees on the plant palette in Section IV.C.1 .d.1. and 2. of the Specific Plan No. 219, Amendment No. 3. 34, Greenbelt Paseo Trees as identified in Section IV.C. 1 .d.4.a. and b. of Specific Plan No. 219, Amendment No. 3 shall be used for lot 374. 35. The plant palette for Evergreen Background Grove Trees per Section IV.C.1 .d.4.a of Specific Plan No. 219, Amendment No, 3 and the plant palette for Deciduous Accent Grove Trees per Section Iv.C.1 .b.2.a. shall be used for the landscape buffer zones in lots 362 and 367. 36. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per Figure 40 of Specific Plan No. 219, Amendment No. 3; the finish and color of these walls shall be consistent w~th Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Butterfield Stage Road, Pauba Road and Meadows Parkway. 37. Project Masonry Walls and Project View Walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets A, K, AA, D, B (between Street A and Street C, if it does not interfere with access to any lots), E (between Street K and Street J, if it does not interfere access to any lots), M, N and W (between Street A and Street Z, if it does not interfere with access to any lots) and BB. 38. An Equestrian rail fence shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3 along the south side of Pauba Road. 39, The commercial use landscape requirements shall be consistent with Section IV.C.3.b.I., 2. and 3. of Specific Plan No. 219, Amendment No. 3. 40. The Medium Density Residential landscape requirements shall be consistent with Section IV.C.3.d.3. through 7. of Specific Plan No. 219, Amendment No. 3. StSTAFFRPT~4182ALL. pC 113 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51o The accent trees identified in Section IV.C.I.d.3. of Specific Plan No. 219, Amendment No. 3 shall be Used for the landscaping for Streets AA, K, BB, W, N, M, A, E, B and D. A 25 to 40 foot minimum building setback, as determined in the Plot Plan stage, shall be allowed along the southern and western property lines of lot 362, a minimum of 20 feet of landscaping shall be required within this setback. The plant material palette identified in Section IV.C.I.e. of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. The seed mix for Turf Grass identified in Section IV.C.1 .e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead of the seed mix. Planting shall commence as soon as slopes are completed on any portion of the site and shall provide for rapid short-term coverage of the slope as well as long-term establishment cover per standards set forth in Ordinance 457.75. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping. This condition applies only if construction of the site does not commence within ninety (90} days of grading operations. A one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaces not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457°57. Irrigation for the project site shall be consistent with Section IV.C. 1 .j. of Specific Plan No. 219, Amendment No. 3. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. The residential tot street tree requirements and front yard requirements shall be consistent with Section IV.C.3.a. 1 .,2., and 3. of Specific Plan No. 219, Amendment No. 3. $~STAr-RIPI'~24182ALLPC 114 52. 53. 54. 55. 56. 57. 58. All lighting within the project shall be consistent with Section IV.C.5 of Specific Plan No. 219, Amendment No. 3. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 (Section IV). All future development within this project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. The amenities and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway paseos shall be used for developing these areas or as modified by the Planning Application No. 92- 0013 (Development Agreement). Maintenance and timing for completion of all open space areas shall be as identified in Planning Application No. 92-0013 (Development Agreement). A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval. The following needs to be included in these plans: A. Typical front yard landscaping for interior, corner and cul-de-sac lots. B. Typical slope landscaping. C. Private and public park improvements and landscaping. D. All open space area landscaping including, private and public common areas, private recreational areas, paseos, equestrian trails, monuments and Landscape Development Zones. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. The timing for installation of all landscaping walls and trails shall be identified prior to approval of these plans. The responsibility for installation of all landscaping and walls shall be identified. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a part of and shall be consistent with the provisions of the Specific Plan. F. G. H. S~STA~r~24~2AU_PC I I 5 Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of twenty four (24) inch box trees into the design. A note shall be placed on the conceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. 59. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement). 60. If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. 61, Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992. 62. All Parcels in Planning Areas 25 and 26 that abut a portion of Butterfield Stage Road that are designed with a Landscape Development Zone (LDZ) of less than 32 feet shall be developed with single story single family dwellings. OTHER AGENCIES 63. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated October 6, 1992, a copy of which is attached. 64. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. S\STAFFRPT%24182AL.LPC 116 65. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. 66. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittal dated January 23, 1992, a copy of which is attached. 67. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal date January 21, 1992, a copy of which is attached. 68. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated January 21, 1992, a copy of which is attached. 69. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittal dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 70. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with as set forth below, or as modified by separate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. Prior to Recordation of Final MaD(s) 71. Proposed community park sites of less than three (3} acres are to be maintained by an established Home Owners Association (HOA}. 72. Community park sites of (3) acres or greater shall be offered for dedication to the City of Temecula, Community Services Department (TCSD} for maintenance purposes following compliance to existing City standards and completion of an application process. 73. All proposed slopes, open space, and park land 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 aproposed TCSD maintenance area. 74. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). S%STAFF~4182ALLPC 117 75. Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater shall be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. 76. Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. 77. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordation of final map. 78. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. 79. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map will preclude their inclusion into the TCSD. 80. If the City Engineer determines that the project's street improvement bond is insufficient to cover the parkway landscaping and irrigation improvements, the developer shall, prior to recordation of final map, post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteeing the viability of all landscaping installed prior to the acceptance of maintenance responsibility by the TCSD. Prior to Issuance of Certificate of Occuoancv(s) 81. It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 82. Prior to issuance of anv certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. S~STAFFRPT~24182AU_PC 118 ,Genera 83. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES SPECIFICATIONS. AND 84. The developer, the developer's successors or assignee, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. PUBLIC WORKS DEPARTMENT Department of Public Works Conditions of Approval for: Vesting Tentative Tract 24188 -- Paloma Del Sol The following are the Department of Public ~/orks Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. 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 Developer correctly shows on the tentative map or site plan 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. GENERAL REQUIREMENTS 85. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 87. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for approval prior to recordation of the final map or the issuance of any permits. 88. All .improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. S%$TAFFRPT'.2,4182ALLPC I 19 89. 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. PRIOR TO ISSUANCE OF GRADING PERMITS: 90. 91. 92. 93. 94. 95. 96. The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 97. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. 98. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Riverside County Flood Control District; Planning Department; Department of Public Works; General Telephone; Southern California Edison Company; and Southern California Gas Company. A Soils Report shall be prepared bY a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 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 prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. S'~STAFFRPT~24182AI, LPC I 20 99. 100. 101. 102. 103. 104. PRIOR 105. 106. A drainage studyshall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. Identify and mitigate impacts of grading to any onsite and offsite drainage courses. The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. A permit from Riverside County Flood Control District is required for work within their right-of-way. TO THE ISSUANCE OF ENCROACHMENT PERMITS: All necessary grading permit requirements shall have been submitted/accomplished to the satisfaction of the Department of Public Works. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. S~T~FFRP~241 e2ALL.PC 121 107. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: 108. 109. 110. Flowline grades shall be 0.5% minimum over P.C.C. and 1,00% minimum over A,C, paving, B, Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk). Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401. Improvement plans shall ex~end 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All concentrated drainage directed towards the public street from the commercial site shall be conveyed through undersidewalk drains. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works, Improvement plans per City Standards for the private streets or drives within the commercial site shall be required for review and approval by the Department of Public Works. 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 207 and 208. 111. All driveways shall be located a minimum of two (2) feet from the side property line. S%STAFFRP~241 a2ALLPC 122 112. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 113. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 114. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO RECORDATION OF FINAL MAP: 115. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, traffic signals and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems. F. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. 116. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern 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; CalTrans; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southern California Gas Company S~TAF*F~PT~4182AU,. P~ 123 117. If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. 118. Pedestrian access with sidewalk shall be provided from the cul-de-sac terminus of Streets "F", "0", "R", "S", "U", "W", "X" and "Z" through the open space and paseo areas to adjacent streets. 119. 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 approved by the Department of Public Works, 120. Streets "B" up to Street "C", "D", "E" between Streets "J" and "K", "M", "N", "W" up to Street "Z", "AA" and "BB" shall be improved with 50 feet of asphalt concrete pavement with a raised 10-foot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A (70'/50'). 121. All remaining interior local streets shall be improved with 40 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. 104, Section A (60'/40'). 122. Street "A", "K", "L" and "AA" shall be improved with 44 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. 103, Section A (66'/44'). 123. Pauba Road Shall be improved with 32 feet of half street improvement plus one 12- foot lane, or bonds for the street improvements may be posted, within an 88-foot dedicated right-of-way in accordance with City Standard No. 102, (88'/64'). 124. Meadows Parkway shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). 125. Butterfield Stage Road shall be improved with 43 feet of half street improvement with a raised median, plus one 12-foot lane outside the median turn lane, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 100, (110'/86'). 126. In the event that the required access improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required access improvements per applicable City Standards. All Assessment District No. 159 improvements necessary for access to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development as deemed appropriate by the Department of Public Works. S~STAFFRPT~4tlS2ALLPC 124 127. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. 128. Left turn lanes shall be provided at all intersections on Street "A", Street "K", Pauba Road, Butterfield Stage Road and Meadows Parkway as directed by the Department of Public Works. 129. 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, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. 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 amount 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. 130. Vehicular access shall be restricted on Street "A", Street "K", Street "AA", Butterfield Stage Road, Pauba Road and Meadows Parkway and so noted on the final map with the exception of street intersections, across the elementary school site frontage and two entry points for the commercial site as shown on the approved Tentative Map and as approved by the Department of Public Works. 131. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Street "A", "K", "L", "AA", Butterfield Stage Road, Pauba Road and Meadows Parkway and shall be included in the street improvement plans. 132. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Butterfield Stage Road at Street "K" and shall be included in the street improvement plans with the second plan check submittal. 133. Traffic signal interconnection shall be designed by a registered Civil Engineer to show 1-1/2" rigid conduit with pull rope, and #3 pull boxes on 200-foot centers along the property fronting Butterfield Stage Road. This design shall be shown on the street improvement plans and must be approved by the Department of Public Works. 134. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 135. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. 136. Corner property line cut off shall be required per Riverside County Standard No. 805. 137. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. S~TAFFRPT~4182ALL,PC 126 138. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." 139. 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 permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 140. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 141. 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. 142. Prior to recording the 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 BUILDING PERMIT: 143. A precise grading plan shall be submitted to the Department of Public Works for review and approval. 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. 144. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County Geologist, dated May 15, 1989. 145. 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 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 execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, S',STAFFRPT',2.4182ALJ,,PC 126 PRIOR 146. 147. 148. 149, 150. 151. 152. 153. 154. developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond 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 amount 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. TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. All signing and striping shall be installed per the approved signing and striping plan. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. All traffic signal interconnection shall be installed per the approved plan. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'/32'). Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. S\STAFFRPT~24182ALLPC 127 County of Riverside HEALTH SERVICES AGENCY TO: FROM: RE: CITY OF TEMECULA DATE: Health Specialist IV TRACT MAP NO. 24188, FIRST EXTENSION OF TIME 10-06-92 Department of Environmental Health has reviewed the First Extension of Time and has no objections. SM:dr KENNETH L. EDWARDS RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT October 22, 1992 City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Attention: Saied Naaseh Ladies and Gentlemen: Re: RECEIVED Tracts 24182, 24184, 24185, 24186, 24187 and 24188 1st Extensions of Time The District has no objection to the proposed extensions of time for the above referenced projects. SEM:slj sm11022a.sub Very truly yours, DUSTY WILLIAMS Senior Civil Engineer RIVERSIDE COUNTY FIRE DZPARTMENT , 210 WP3T S.auN IAL'Y~TO AV~NU£ · PERILS, CALIPORN1A 923/0 ' . 014) Ont:obe= 15, ATT~: Sal The of Time Agreement: .cula Flg.u-uinl Depsr.qnen= I= Ez~enslan a~ TIme ......... s~ Naaeeh Riverside County Fire Department has no comments for :he Fire= Exgenelon : Vesting Tentative Trsct Hap Numbers 24182, 2418~, 2~181, 2~186, 24187~ :tfic Plan No. 219, Pa!oma Del Sol, AmeD~Lment No, 3 a~ Develo~ut Any commen~e or questions can be directed to the Everside County Tire Department, Planning a~d lngineeriul Office. Raymond E. l~lis Chief Fire Depsrmen= Planner Firs r~Lh~IOOFRLI ~9,733r-,----y Cleb Ddk, Sebe F, indb, CA 93301 (619) 3438M~, ~'AX (6191 41(301 C*ws~c-,'M-D~f, klg L~,TmCA f33~ FAX (714) DEPARTMENT OF TRANSPORTATION Planning Department City of Temecula City Hall 43174 Business Park Drive Temecula, CA 92590 Jalluarlt 23, 1992 Development Review 08-Riv-79-16.0/17-38 Your Reference: · r~'M'S 24184 ~ 24188 Thank you for the opportunity to review the proposed Tentative Tract Maps 24184 through 24188 located north of Highway 79 between Butterfield Stage Road and Margarita Road in Temecula. Please refer to the attached material on which our comments have been indicated by the items checked and/or by those items noted under additional comments. If any work is necessary within the State highway right of way, the developer must obtain an encroachment permit from the Caltrans District '8 Permit Office prior to beginning work. Please be advised that this is a conceptual review only. Final approval of street improvements, grading and drainage will be determined during the Encroachment Permit process. If additional information is desired, please call Mr. Steven Wisniewski of our Development Review Section at (714) 383-4384. Attachment Date: January 23, 1992 Riv-79-16.0/17.38 (Co-Rte-PM) TTM's 24184 24188 (Your Reference) A3)DITIONAL COMMENTS: We recommend that the developer participate in the Rancho Villages Assessment District No. 159 to mitigate the traffic and/or drainage impacts generated by these proposals. Improvements to Highway 79 should be coordinated before or with development of these tracts. We would like to see a Hydrology/Hydraulics Report for the entire development hounded by Butterfield Stage Road, Margarita Road and State Route 79, including Grading and Drainage plans. Rslph |L Dmiy January 21, 1992 Mr. Sifted Naasch City of Tcmccula Planning Department 43180 Business Park Drive Tcmecula, CA 92590 Water Availability Vesting Tract Map 24188 Dear Mr. Nassch: 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 fights, if any, to RCWD. If you have any questions, please contact Ms. Scnga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P. E. Manager of Development Engineering SB:aj28/FEG cc: Scnga Doherty, Engineering Technician L RTA RIVERSIDE TRANSIT AGENCY 18P5 THIRD STREB · RIV~RSI(~, CA 9~50~-3484 · BUS. (714] 6840850 FAX (714) 684-1007 January 21,1992 Saied Naaseh City of Temecula Planning Department 43174 Business Park Drive Temecuta, CA 92590 RE: TT 24188 - Planning Areas # 25, 26, 27, 28 & 29 The Meadows at Rancho Califomia Dear Saied: We do not curremly provide service to the site mentioned above but based on the size of the project and our own plans for Mum growth, we am requesting that a bus turnout or a pod for a bus stop be incorporated into the general design. Ideal sites for the bus turnouts would be at the following locations: a. Southside corner of Pauba Road farside Buecidng Parkway (adjacent to Lot # 243) b. Westside comer of Butterfield Stage Road farside Pauba Road midblock of the proposed Neighborhood Commercial Center c. Westside comer of Butteffiled Stage Road farside proposed Street "K" (adjacem to Lot 54 & 55) If possible, we would also like to request that pedeatdan walkways and wheelchair curbs be provided near the turnout locations specified above. I can indicate the exact location for the turnouts as the project progrosses. Thank you for the opportunity to review and comment 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 den1 hesitate to contact roe. Sincerely, Transit Ranner BB~jsc PDEV #146 R~C~IVF'D ~AY 12 1992' Unified School District.OA.D o. EC~UCAT,O~ ECULA VALLEY D,D.v.,E.r.c Joan F. Sparkman SUPERINTENDENT MemDe Patncia E Novotney, Ed.D. May 7, 1992 The City of Temecula 43174 Business Park Drive Temecula, Ca. 92590 Attention: Mr. Saied Naaseh, Planner Re: Vesting Tentative Tract Maps 24186 & 24188 Dear Mr. Naaseh, Thank you for your inquiry concerning the Landscape Development Zones (LDZ) for the above referenced tract maps. As you are aware, the current configuration of these LDZ's severely reduces the acreage available for the school sites due to their required width. Therefore, we would like to take this opportunity to request that the LDZ regulations regarding the width of the landscaping are not enforced for the perimeters of the two (2) school sites. It is our desire that we work directly with the developer to establish a compatible landscaping arrangement which this developer can then install at the appropriate time. Thank you for your time and cooperation concerning this matter. Very truly yours, Temecula'Valley Unified School District Lettie Boggs Coordinator, Facilities Planning LB:bk ' cc: Bedford Properties 31350 Rancho Vista Road / Temecuta, CA 92592 / (714) 676-2661 ATTACHMENT NO. 3 EXHIBITS 128 CITY OF TEMECULA California SITE ~~'~'J~ortola Roe.d_ ('~ir!°ad ~ HWY 79 31 10 4 CASE NO.: Specific Plan No. 219, Amendment No. 3 EXHIBIT: A P.C. DATE: November 16, 1992 VICINITY MAP SITE CITY OF TEMECULA SWAP - Exhibit B Designation: Specific Plan SITE ZONING - Exhibit C ' Case No.: Specific Plan No. 219, Amendment No. 3 P.C. Date: November 16, 1992 Designation: Specific Plan CITY OF TEMECULA CASE NO.: Specific plan No. 219, Amendment No. 2 EXHIBIT: D P.C. DATE: November 16, 1992 LAND USE PLAN CITY OF TEMECULA CASE NO.: Vesting Tentative Tract Map No. 24182, Amd. 3, 1st EOT EXHIBIT: E1 : SITE PLAN P.C. DATE: November 16, 1992 CITY OF TEMECULA CASE NO.: Vesting Tentative Tract Map No. 24184, Amd. 3, 1st EOT EXttIRIT: E2 P.C. DATE: November 16, 1992 SITE PLAN CITY OF TEMECULA CASE NO.: Vesting Tentative Tract Map No. 24185, Amd. 3, 1st EOT EXHIBIT: E3 SITE PLAN P.C. DATE: November 16, 1992 CITY OF TEMECULA CASE NO.: Vesting Tentative Tract Map No. 24186, Amd. 5 1st EOT EXHIBIT: E4 P.C. DATE: November 16, 1992 SITE PLAN CITY OF TEMECULA CASE NO.: Vesting Tentative Tract Map No. 24187, Amd. 3, 1st EOT EXHIBIT: E5 P.C. DATE: November 16, 1992 SITE PLAN CITY OF TEMECULA CASE NO.: Vesting Tentative Tract Map No. 24188, Amd. 3, 1st EOT EXHIBIT: E6 SITE PLAN P.C. DATE: November 16, 1992 ATTACHMENT NO. 4 ADDENDUM TO EIR NO. 235 S'~STAFFRPT~4182ALL.PC 12 9 ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 235 Environmental Impact Report No. 235 was certified by the Riverside County Board of Supervisors on September 6, 1988 for the development of Specific Plan No. 219. The items discussed in that EIR included: seismic safety, slopes and erosion, wind erosion and blowsand, flooding, noise, air quality, water quality, toxic substances, open space and conservation, agriculture, wildlife/vegetation, mineral resources, energy resources, scenic highways, historic and prehistoric resources, circulation, water and sewer, fire services, sheriff services, schools, parks and recreation, utilities, solid waste, libraries, health services, airports and disaster preparedness. Furthermore, mandatory CEQA topics included: cumulative impact analysis, unavoidable adverse impacts, alternatives to the proposed project and growth inducing impacts of the proposed action. The proposed project includes: A Development Agreement between Bedford Development Corporation and the City of Temecula for a ten year period, to collect development fees; receive credit for Quimby Act requirements by developing and dedicating public parks and open space, and timing of improvements to an amendment to Specific Plan No. 219 to add an eight acre park to Planning Area 6, to make the Specific Plan consistent with the East Side Maps and to make all the sections of the Specific Plan consistent with each other; to create 443 single family residential, 21 open space and 4 multifamily lots (Vesting Tentative Tract Map No. 24182, Amendment No. 3), 198 single family residential, 12 open space lots (Vesting Tentative Tract Map No. 24814, Amendment No. 3), 351 single family residential, 18 open space lots (Vesting Tentative Tract Map No. 24185, Amendment No. 3), 445 single family residential, 14 open space and 1 elementary school lot (Vesting Tentative Tract Map No. 24186, Amendment No 5), 363 single family residential, 10 open space lots (Vesting Tentative Tract Map No. 24187, Amendment No. 3), 351 single family residential, 26 open space, 1 elementary school, and 1 neighborhood commercial lots (Vesting Tentative Tract Map No. 24188, Amendment No. 3) The addition of the Development Agreement does not change the physical impacts identified in the EIR since it just deals with collection of fees, improvements to parks and dedication of parks to the City for maintenance purposes. Furthermore, the amendment to the Specific Plan does not change the physical impacts identified in the EIR since the changes in the Specific Plan are limited to insignificant changes to graphics and, insignificant changes to the text and addition of an 8.0 acre park to Planning Area 6. No additional units are proposed with this amendment. Additionally, the approval of the First Time Extensions for the east side maps (Vesting Tentative Tract Map 24182, Amendment No. 3; Vesting Tentative Tract Map 24184, Amendment No. 3; Vesting Tentative Tract Map 24185, Amendment No. 3; Vesting Tentative Tract Map 24186, Amendment No. 5; Vesting Tentative Tract Map 24187, Amendment No, 3; Vesting Tentative Tract Map 24188, Amendment No. 3) does not change the physical impacts identified in the EIR since the east side maps are all consistent with the Specific Plan and all mitigation measures have been incorporated into their design or have been conditioned for them. As described above, the proposed project does not change any of the impacts identified in the EIR; therefore, an addendum to EIR No. 235 is deemed appropriate by applicable section of CEQA for this project. S~STA~4~e~U..PC 130 ATTACHMENT NO. 5 PLANNING COMMISSION STAFF REPORT, DIRECTION ON EAST SIDE MAPS APRIL 20, 1992 S\STAFFRPT~4182AU,.I>C 131 TO: FROM: DATE: SUB,TECT: Pl~nning Commission Gary ThornhliL Director of Plauning April 20, 1992 Paloma Del Sol, ~ Side Maps, Extensions of T'nne, Vesting Tentative Tract Maps 24182, 24184, 24185, 24186, 24187, 24188 Tkis item has been brought forward for planning Commission review and discussion as an informational item and requires no action at thi.~ time. Staff is requesting input and direction from the Pl3nning Commission on issues that the applicalR and Staff have not come to an agreement on. After receiving input from the Plnnnlng Commission, Staff will work with the applicant on these issues and the tentative maps will be revised and the Extensions of Time wili be brought back to Planning Commission as Public Hearing items for further consideration. BACKGROUND The Riverside County Board of Supervisors approved the east side maps on Sept~nber 26, 1989. These maps were due to expire on September 26, 1991 and the applicant ~ed timely extension of time requests with the City on August 27, 1991. Since that time the applicant and Staff have been negotiating on parks and open space issues and a Memorandum of Understanding (MOLT) was approved by the City Council on 3anuary 31, 1992 to address those issues (refer w Attachment No. 1 ). A Development R~vinw Committee (DRC) was held on January 30, 1992 and Staff's comments were mailed to the applicant on February 25, 1992 at the DRC meeting, the applicant was informed of inconsistencies between the maps and the Specific pinn The applicant r~sponded to Sis comments on March 9, 1992 at a meeting at City HnlL In thnt meeting the applicant agreed to comply with most of the issues raised by Staff. However, some issues remain unsolved and Staff and the applicant have not come to an agreement on how to resolve these issues to bring the maps into conformance with the Specific Plan. As a result, this item has been brought forward to Planning Commission to identify the issues that remain unsolved. Staff requests direction on how to solve the remaining issues. sxs'r,~m,ra41uv'r~,Pc 1 DISCUSSION While reviewing these maps, it was brought to Staffs attention that final maps had already been engineered and are almost ready to be recorded. It should be stressed that staffs review was a result of the direct interpretation of the Specific Plan and was not an objective review and did not reflect Staffs personal preferences. The following section identifies the inconsistencies of these maps with the Specific Plan and it also points out Staff recommendations and the applicant' s position on each issue. INCONSISTENCIES OF ~ MAPS AND ~ SPECIFIC PLAN. Acoustical Study All the tracts were condi~oned by the County to submit an Acoustical Study prior to issuance of building permits and mitigate interior noise levels to 45 Ldn. The certified ~ indicates that in addition to interior noise level mitigation, further mitigation is necessary to reduce the exterior noise levels to 65 Ldn. The RrR indicates the requirement of this study at a more detailed stage of development ff it is deemed necessary by the County (rder to Attachment No. 2). Staff feels the study should be done prior to appwval of the extensions of time for these maps, since the EIR indicates the 65 Ldn contours lines extend approximately one hundred and fifty (150) feet from the ROW. This requiremant might result in redesigning the tract maps or making some lots unbuildable. On the other hand, ff the study is required prior W issuance of building permits the mitigation measure could include substavtially higher walls than is desirable in the City. Staff Recommendation An Acoustical Study needs to be prepared prior to appwval of the Extensions of Time and the mitigation measures need to be incorporated in the project design to reduce the' exterior noise levels W 65 Ldn and the interior noise levels to 45 Ldn. Applicant's PosRion The applicant wishes W submit the study prior W issuance of building permits. School Sites The School District requires a minimum of ten (10) net acres for school sites. There are two (2) school sites on Tracts 24186 and 24188 {refer to Exhibit B). These sites are ten (10) acres net; however, the LDZ's on both sites have not been shown on the maps. When the area of these LDZ's are deducted from the sites, sites become unacceptable W the school district. There is specific hnguage in the Specific Plan that ff the school sites are not accepted by the school district the sites wffi be developed as Single Family DwellingS. Staff has contacted the School District on this issue and they have indicated that Mesa Homes has signed an agreement with the School District to provide ten (10) net acres for these school sites. Staff Recommendation The tentative maps need to be redesigned by eliminating some lots to provide the school district with two ten (10) net acre sites. Applicant's Position The applicant wishes to waive this requirement by amending the Specific Plan. Landscape Development Zone (LDZ's) The LDZ's are defined as a landscaped area extending from face of the curb outward; therefore, they include a portion of the fight-of-way. The LDZ's ate required along all arteriais (66 feet ROW) and larger streets. Most of the reaps appwved by the County did not meet the Specific Plan requirement for LDZ's; however, the applicant has agreed W revise all of the maps to comply with the Specific plan requirements with the exception of the LDZ for Butterfield Stage Road on Tract 24188. The required LDZ for Butterfield Stage Road is thirty two (32) feet (refer to Exhibit C) which includes twelve (12) feet in the ROW and twenty (20) feet outside the ROW. The minimum LDZ shown outside the ROW on Tract 24188 is ten (10) feet which cunsisten~y accrues all along the west side of Butterfield Stage Road. (Refer to Exhibit D). The Crownhill Map firact 23143) had the same requirement for the LDZ along Butterfield Stage Road. Theix map which is in review for a Second Extension of Time did not meet this requirement either. They have agreed to redesign theix map to bring it into cuaformance with the required thirty two (32) feet of LDZ. It should be noted that the Paloma Del Sol maps are further along in the plan check process than the Crownhill Map. Staff Recommendation The Butterfield Stage Road LDZ (32 feet) needs to be reflected on the tentative maps as required by the Specific Plan. Applicant's Position Twenty two (22) feet of landscaping is sufficient along Butterfield Stage Road. The ten (10) foot increase in the LDZ will not create a noticeable difference in the street scapo. The cost of re- engineering the map will not be economicaily feasible. Therefore, the Specific Plan will need to be amended to allow the reduction of the LDZ to twenty two (22) feet. 3 ATTACHMENT NO. 6 PLANNING COMMISSION MINUTES APRIL 20, 1992 S~STAFFRPT~4182ALL.PC 132 for hardship cases, such as the effect the road construction will have on the businesses along the Ynez Corridor. The motion was carried unanimously. NON PUBLIC HEARING ITEM - WORKSHOP 9. 9.1 Reouest from the Plannina Staff to receive direction from extensions of time for the Hast aide maps, bounded bY Pauba Road. Butterfield Staae Road, Meadows Parkway and Hiqhwav 79 South. Saied Naaseh presented the Staff Report and asked applicant's representative to give an overview of plan. BarryBrunne11, TSB Planning, 3242 Baliday Street, Santa Ana, representing the applicant, requested the Commission's comments pertaining to the following unresolved issues: ACOUSTICAT, STUDY: After discussion, the Commission unanimously agreed with staff's recommendation that the acoustical study be prepared prior to approval of the Extensions of Time and mitigation measures be incorporated into the project design. SCHOOL SITES: After discussion, Commissioners Chiniaeff, Fahey, and Chairman Boagland, agreed to deletion of the requirement for landscape development zone (LDZ) along the front of the school site, with acceptance of this. deletion in writing from the school district. CommisSioners Blair and Ford were not in agreement and voted to retain the LDZ along the front of the school sites. T,~NDSCAPE DEVELOPMENT ZONES [LDZ'SI After discussion by the Commission, it was suggested that single storyhomes be constructed on the lots adjacent to the aree's that do not meet the LDZ requirement. TRAFFIC SIGNALS It was the consensus of the Commission that the applicant comply with staff's requirements for traffic signals. PCHIN4/06/92 -7- 4/09/92 ATTACHMENT NO. 7 CITY COUNCIL STAFF REPORT, MEMORANDUM OF UNDERSTANDING AUGUST 11, 1992 S~S~FF.m~4~e2~U_PC 133 APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: City Attorney DATE: August11,1992 SUBJECT: Approval of Memorandum of Understanding Regarding Paloma Del Sol RECOMMENDATION: That the City Council approve the attached Amended Memorandum of Understanding ("MOU") regarding Paloma del Sol. DISCUSSION: Last January, the Council approved a MOU with Bedford addressing Quimby and Development Impact Fees for Paloma del Sol. A copy of the earlier Staff Report and MOU is attached. The material changes from the earlier MOU are as follows: 1. The original MOU provided that Bedford would dedicate to the City two parks: one was 7.44 acres located in Tract 24186-4 (Lot 1); the other was 7.74 acres located in Tract 24133-2 (Lot 114). These parks were to have "active" improvements (i.e., ballfields with lighting, restrooms, and parking.) However, subsequently, the Homeowners Association in Paloma del Sol objected to the second 7.74 acre park. Consequently, Bedford has proposed amending the MOU to substitute an 8 acre, active park in Planning Area 6, in lieu of the City, but it would only be developed as 8 "passive" park. The addition of the 8-acre park will require an amendment to the Specific Plan. 2. The Specific Plan for Paloma del Sol indicates that 590 units are allowed in Planning Area 6, with a target density of 15.6 du/ac. Despite the addition of an 8-acre park into Planning Area 6, Bedford will still seek to retain the 590 units, albeit at the higher target density of 19.8 du/ac, This potential issue will be resolved in the Specific Plan Amendment. 3. The other significant change in the Amended MOU is that the earlier MOU provided up to a $1 Million credit for each of the active parks against future impact fees. The credit is based upon the cost of the improvements. The Amendment permits up to a $2 Million credit for the two active parks jointly. agdrpt/081192 -1- Agenda Report MOU - Palama Del Sol Page Two It is recommended that the Council approve the Amended MOU. FISCAL IMPACT: · Up to ~2 Million Dollars in Development Fees credited to Bedford · Potential to increase impact Fees to City from $2,600/unit under County Development Agreement to $3,0001unit, but offsetting combined City/County fee of $4,700/unit · Potential liability to county of one half of $2,100/unit ATTACHMENTS: 1. reduction from Amended MOU with Map showing location of "active" parks and MOU and Amended MOU Staff Report to original MOU Original MOU agdmt~81192 -2- R~'-~TATEMENT AND A,,MRNDMENT OF MEMORANDUM OF UNDERSTANDING BETW~*R~I ~t'l'~' OF TEIVIECULA and BEDFORD DEV'RLOPMENT COMPANY and MI~-~A HO1M'Ir,~ (Park Fees) 2. 3. 4. 5. 6. 7. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Amend Development Agreement ............................. 4 g~tside Tract Maps .................................... 5 Cost of Litigation ...................................... 5 Public Facilities Fe~s Shotteal/ .............................. 6 Reimbursement of Fees ................................... 6 Parks, Greenbelts and Paseos ............................... 6 Main Recreation Areas ................................... 7 Remaining Open Space Areas ............................... 8 Timing of Park Improvements and Transfer to City .................. 8 Fee Credits ............ Standstill Agreement ....... Park Fee Obligation ........ Jurisdiction and Attorneys' F~.s Sov~-ability ............. Entire Agreement ......... ............................ 10 ............................ 10 ............................ 10 Construction ......................................... 10 Amendment of Agreement ................................. 11 Time of the Essence .................................... 11 NoPr~commitment ..................................... 11 Pay Under Prot~t ...................................... 11 Superseding ......................................... 11 Counterparts ......................................... 12 07-30-92 l~221-_L3a~__9 G:~.~L'XTS~X92011DQ2~.Ie16 i EXHIBFrS MAP OF PARKS, PASF_.OS, GI~I=-I=N"BELTS 12221-000~.9 ~K~TATEMENT AND AMENDMENT O1= MEMORANDUM OF UNDERSTANDING (Quimby Park Fees) This Restatement and Amendment of Memorandum of Understanding ("MOU") is entccd into by and between the City of Temecula ("City") and Bedford Development Company and Men Homes (collectively 'Bedford") to be effective on August 11, 1992, with reference to the following: RECITALS A. City and Bedford have entered inW a Memomdum of Understanding effective January 31, 1992. City and Bedford wish w restate and mend the Memorandum of Understanding to modify certain provisions due to changed circums~nccs. B. Pursuant w California Government Code Section 65864, et sc~. ('Development Agreement Statutes'), Bedford and the County of Riverside ('County*) entered into Development Agreement No. 4 recorded in the Official Records of Riverside County on November 7, 1988, as Instrument No. 325513 (*Development Agreement*). C. The Development Agreement encompasses a pwject formerly located within County appmved Specific Plan No. 219 ('Specific Plan') known as 'Paloma del So1', a mixed use subdivision project to bc developed on pwpcny owned by Bedford which became a part of the muhielpal boundaries of the City when the City incorporated on December 1, 1989. D. Pursuant to the provisions of the Development Agreement Statutes, the City became the successor-in-interest W the County under the Development Agreement upon incorporation of the City. E. A dispute has arisen between the City and Bedford over the mount of fees or land dedication for park or recreational purposes Bedford is requixed to pwvide to City as allowed under Section 66477 of the California Government Code (*Quimby Park QT-3Q-9'~ 12221 -O(X)&9 e::'~D(3C~15~.92010026,iIM F. On May 20, 1987, the County amended Ordinance No. 460 authorizing the imposition of Quimby Park Fe~.s. Ordinance No. 460 requi~ adoption of an implementation resohifion designating a n~ipi:nt of the Quimby Park Fees. On June 28, 1988, pursuant to Resolution No. 88-218, the County d~signat~ CSA 143 as the recipient of Quimby Park F~s subject to the adoption of a ~ plan. On }une 27, 1989, pursuant to Resolution No. gg-B31, the County adopt~t a mas~r plan for CSA 143, establishing the Quimby Park Fees at thn~ (3) m l~r 1,000 new residents (*County Park Fec Standard"). G. Pursuant to Resolution No. 99-53, adopted on May 8, 1990, City has adopted Qnimby Park Fees of five (5) acres of land for parks and recreational purposes, or payment of fees in lieu thereof, for every 1,000 people to reside in the proposed subdivision ("City Park Fee Standard"). H. The City inUn'prets the Development Agreement to permit the imposition of increased Quimby Park Fees computed on the City Park Fee Standard and has requLred Bedford to pay Quimby Park Fees based on the City Park Fee Standard as a condition of issuance of building permits for Paloma del Sol. Bedford disagree~ with this position and inte. rprets the provisions of the Development Agreement to limit the City's authority to impose Qnimby Park Fee~ based on the park and open ~ace requirements of the Specific Plan as approved by the County and incorporated into the Development Agreement. I. In order to avoid a legal challenge W the Quimby Park Fees and W prevent the running of any relevant statutes of limitation while attempts are being made to resolve this dispute, Bedford and City have entered into a Standstill Agreement effective on April 9, 1991, a~ mended (*Standstill Agreement*). J. City and Bedford acknowledge that development of Paloma del Sol will result in a generation of significant municipal revenue, public infrastructure facilities and the enhancement. of the quality of life, including recreation facilities for present and future residents of the City. The benefits to the City and Bedford contemplated by Paloma de2 Sol include: (1) the opportunity for a high quality residential-commercial pwject creating significant job opportunities, sales tax and ad valorera tax revenues for the City; 07-S0-92 12221 2 (2) (3) (4) (5) payment of substantial impact fees to be used to solve City and rcgional traffxc infrasU'ucturc demands; a payment of public facilities participation in special assessment and/or community facilities dislricts to finance City and regional infrastructure improvements; the creation of significant park, recr~fion 'and open space dedications for public use end the pmtectien of significant natural resource& K. It is contemplated that the Specific Plan will be mended (Amendment No. 3) w: (i) add an 8+ acre neighborhood park at the southeast comer of I)e Ponola Road and "H' Street; (ii) change the target dendry for Planning Area 6 up to 19~8 du/ac; · and (iii) clarify the intent of the Specific Plan to be con-dstent with the terms and conditions of the approved vesting tentative map for Paloma dei SoL L. The new 8+ acre park to be dedicated by Bedford to the City is located in Planning Area 6 of the Specific Plan. Planning Area 6 provides for development of 37.8 acres with Vev/High density residential use a~ a maximum total of 590 dwelling units. At such time as the Specific Plan is mended to delineate the 8 + acre park, the remainder of Planning Area 6 will be reduced to 29.8 acres. Thereaft, development of Planning Area 6 up w the maximum number of 590 residential dwelling units will fall within the allowable Density Range of 14-20 du/ac of the Specific Plan but not within the target density of 15.6 du/ac unless the target density for Planning Area 6 is mended to 19.8 du/ac as part of Specific Plan Amendment No. 3. M. The City and Bedford acknowledge that due to the present economic recession, none of these benefits to the City are possible unless the Paloma dei Sol project proc_-.,~s with development. The parries further acknowledge and agree that the present sUmcture of fees and private recreation and open space requirements creates substantial impediments to development of Paloma dei SoL 07-)4)-9Z G:MX)C%lSZ%92010926,11O6 N. Without admitting or de~.,dning any rights or obligations a~ between City ~nd B~dford, each to the other, with respect to the mount of the Quimby Park Fees, and soldy to avoid the poumtial expe~s~ and inconvmience of prou'act~ litigation, and to balance the ne~xts of the City to provide adequat~ parks and r~creafional facilities with the difficulty of land development in today's economy, City and Bedford agree to settle this matter based on the terms and conditions of this MOU. 1. Amend Development AJn~ment. In accordance with the procedures set forth in the Development Agreement Statutes, City and Bedford shall commence the necessary proceedings to consider amending the Development Agreement to: eliminat~ the County Public Facilities and Services Mitigation Fee and replace it with a City Public Facilities Fee; provide that for a period of two ('2) yea~ from the clam of recording the amendment to the Development Agreement, the City Public Facilities Fee shall be paid in lieu of the Regional Statistical Area Fee (*RSA Fee*) established by County Ordinance No. 659 adopted by the City and in lieu of the County Public Facilities Fee set forth in the Development Agreement; provide that for a period of two (2) years from the dat~ of recording the amendment to the Development Agr~ment, the City Public Facilities Fee shall be Three Thousand Dollars ($3,000.00) per each r~sidential unit ('Innhim Public Facilities Fee* as applied to the development of Paloma del Sol whether consu-uct~d by Bedford or any other merchant builder purchasing Paloma del Sol tracts from Bedford. Bedford shall pay K-Rat, fire, traffic signal and drainage mitigation f~s; 07'-:50-~ 12221 -O00&9 G:%DOC%.152%gZD10~6.NM 4 provide that after said two year period the amount of the Interim Public Facilities Fee shall be incrr, ased up to the amount of the City's Public Facilities Fee imposed on all projects in the City at that time. In the event the City has not adopted a City Public Facility Fee by the end of said two year period, Bedford shall continue to pay the Inuuim Public Facilities Fee until such time as the City adopts a City Public Facilities Fee; provide that Bedford will be subject to paying a City Public Facilities Fee for non-residential development in the Paloma del Sol project in accordance with the provisions of the City's non- residevti~l Public Facilities Fee ordinance. In the event the City has not adopted a Public Facilities Fee for non-residential development at the time of issuance of building permits for commercial construction, Bedford agrees to abide by the City's lm'ocedures z*-l~ting to payment of future non-residential Public Fades Fees applicable to all projects in the City in effect at that time; and provide that the park land and recreation facilities to be dedicated to the City as contemplated by this ]VIOU shall fully satis~ Bedford's obligation W pay Quimby Park Fees and to provide parks and recreational facilities for the Paloma del Sol project consistent with the Specific Plan and this MOU. 2. BEtside Tract Mips. City shall cooperate in commencing the necessary proceedings in accordance with the Subdivision Map Act to amend the Paloma del Sol "F-q~de" Tentative Tract Maps Nos. 24182, 24184, 24185, 24186, 24187 and 24188 with no new conditions inconsismt with the terms of the Specific Plan as way be mended and this MOU, inducting the 8-Acre Park described in Section ?(a) of this MOU. Neither party waives its rights as to what constitutes 'consis~cy' with the Specific Plan. 3. Cost of Litipation. In the event the County seeks to challenge the right of City and Bedford to enter into this MOU or to amend the Development Agreement and institutes an action, suit or proceeding to challenge this MOU or invalidate and/or enjoin the 12221-00~9 G:'%DOC%15'~gZO1002A,IID6 :~ enforcement of this MOU or the amendment to the Development Agreement or take such other action(s) which result in unreasonable delays in the development of the Paloma del Sol project, the pal'ties agree to cooperam and panidlE)am in a joint defense in any action against the parties, their officen, agents and employees, from any and all such obligations, liability, suit, claim, loss, judgment, lien, resulting from such action(s) brought by County (but excluding actions to expunge any lis pendens) and to share equally the costs associated with attorneys' fees, costs and damages that the parties may incur as a result of any such actions or lawsuit to challenge City and/or Bedford's legal authority to enter into this MOU and/or mend the Development Asx~'.xnent. In the event the County prevails in any such litigation after exhaustion of any procedural appeals, the provisions rehting to the payment of Interim Public Facilities Fees as set forth in this MOU and/or the amendment to the Development Agreement shall terminate. 4. Public Facilities F~'~ ShoEd~ll. In the event the County prev-ail_~ in any legal action or other proceeding to challenge, set aside, or enjoin the enforcement of the amendment to the Development Agreement and a court or other tribunal having jurisdiction over the matter after all appeals ar~ laken, determines that Bedford and/or the City is liable to make up any shortfall in the amount of the Public Facilities and Services Mitigation fees owned by City and/or Bedford to County, then City and Bedford shall each share equally in paying any such shortfall. 5. Reimbursement of Fees. If prior to the amendment to the Development Agreement and in the event Bedford is required to pay public facilities fees and/or RSA fees in an mount greater than the amount set forth in the amendment to the Development Agreement, Bedford shall be entitled to reimbursement of the difference in the mount of the fees paid within thirty (30) days of the date of recorrl~fion of the Amendment to the Development Agreement. 6. l~rk~. Greenbelts snd l~*os. As additional consideration for entezing into this MOU, Bedford agrees to dedicate to the City, or cause to be dedicated, and City agrees to ac_~t when offered, park land, greenbelts, slopes and paseos equalling approximately 166.5 acres. Bedford and the Paloma del Sol Association (*Association*) may also dedicate approximately 27.5 acres of park land and paseos w the City. The park land, greenbelts, slopes and paseos are described on Exhibit A which is attached and made a pan hereof and incorporated by this reference. 12221-00069 G:'%N)C%l~t%92010Q~6,ND6 6 7. Main Recreation Areas. The six main recreation aazas and the t~rms for dedication w the City are described as follows: (a) An eight-acre park located in Specific Plan Planning Area No. 6 and within Tentative Tra~t 25417 (8-Acre Park) will be improved with two baseball diamonds/soccer field combination with lights, restroom and concession building, group picnic area, drinking fountains, trash receptacles, parking lot, Co) A seven and seventy-four hundredths (7.74) acre park located in' Tract 24133-2, Lot 114 ("7.74 Acre Park*) will be improved as a 'passive park* and may be dedicated to the City in Bcdford's sole discretion sometime in the future. (c) A thirL~:_~ and eighty-four hundredths (13.84) acre paseo park located in Tract 24133-3, Lot 106 ('13.84 Acre Pa.seo Park") currently impwvexl with tot lots, baskethall courts, tennis court, picnic areas with rabies and barbecues, walkways/bikeways with lighting and may bc dedicated to the City at sometime in the future at Bedford' s disaction and afte~ receiving the prior consent of at least a majority of the members of the Association. ' (d) An approximate five and nine tenths (5.9) acre paseo park located in Tract 24134-3, Lots 68, 69, 70, 71 and a portion of Lot 83 of Tract 24134-F ('5.9 Acre Paseo Park') currently improved with a tot lot, baskethall court, picnic 'areas with tables and barbecue, ~k'ways/bikcways with lighting. This park is owned by thc Association and may at the discretion of the Association be dedicated to the City sometime in the future. (c) A seven and forty-bur hundredths (7.44) acre park loca~d in the ~=astside (future) Tnct 24186-4, Lot 1 ('7.44 Acre Park*) planned to bc improved with a combination soccer/baseball field with lights, restrooms and concession building, group picnic area, drinking founlains, Wash receptacles, paridng lot. (f) A nine and thirty-five hundredths (9.35) acre paseo park locart~cI in the gaitside (future) Tracts including: Lots 159 and 160 of (future) Tract 24186-1; Lots 121 and 129 of (future) Tract 24186-2 and Lot 121 of (future) Tract 24187-F ('9.35 Acre 07-)0-92 1ZZZl__.-J~lA,9 G:'%DQCV'ISZ%gZQIQQ26.el)~ 7 Paseo Park") planned w be improved with a baskethall court, wt lot, picnic area, wallcway/bik~ways with lighting landscaping and irrigation. 8. R~m~ninz Open Space Ar,'~. (a) The remaining recreation and open space areas consist of 142 acres of greenbelt paseos, roadway paseos, public parkway and slope landscaping, both cast and west sides of Paloma del SoL Co) Those perimeter and interior greenbelt paseos, roadway paseos, parks and slopes shown on Exhibit A which are tnnsferred to the City will be maintained by th~ Temecula Community Services District (*TCSD*). All assessments for maintenance shall be in compliance with the standards and formulas imposed by the TCSD on a city- wide basis. 9. Timin~ of Park Improvements and Transfer to City. (a) The 8-Acre Park shall be fully improved and transferred to the City as soon as December 31, 1992, but no later than March 31, 1993. Additional street improvements to De Ponola and construction of Campanula Way adjacent to the g-Acre park will be completed as development of the adjoining tracts occurs, but not later than five (fi) years from the date of the amendment of the Development Agreement. (b) Itnprovement to the 7. ~-Aere Park Sh~ll commence at the time of-development of the adjo'niinl; tra~ Crraet Nos. 24186-1, 2, 3, 4 and Final). Improvements to the 9.35-Acre Paseo Park shall commence at the time of development of the adjoining waets firact Nos. 24186-1, 2 and Final). Improvements to the 7.44 Acre Park and the 9.35-Acre Paseo Park shall be completed on or before the issuance of 50% of the certificates of occupancy for me dwelling units constmet~l in the adjoining Uaets. Both of these parks shall be wansferred to the City in accordance with the current TCSD funding procedures and practices. (c) Improvement to and Wartslet of the remaining 142 acres of greenbelt paseos, roadway paseos, public parkway and slope landscaping, both l==~t and 12221 G:~GC%1S~9a10426.NO6 West sides of Paloma dcl Sol shall occur with the completion of development of the adjoining tracts and in accordance with the current TCSD funding procedures and practices. (d) Bedford may extend the improvement completion and pa~k tnnsfer dates as set forth in this MOU with written consent from the City. (e) City shall receive and approve all park and recreation facilities improvement plans in accordance with the City's park standards, procedures and specifications except the City shal] accept without any modifications to the impwvements to the 13.84-Acre Paseo Park and the 5.9-Aere Paseo Park as cmTenfiy constructed and installed provided these parks arc uansfcrred to the City. (l~ The approxim-t~iy 194 acres of parks, greenbelts and paseos shall be wansferred w the City by grant deeds from Bedford and the A~x~tion, depending on ownership. City agrees to accept the parks and any improvements within a reasonable time of being offered for dedication. The City ~ be responsible for establishing any maintenance obligations with the TCSD associated with the parks, paseos and greenbelt · reas described in a MOU. 10. Fee Credits. At the time of completion of the improvements and tnnsfer of each of the public parks as provided in this MOU, Bedford sha]J receive a credit against payment of future City Public Facilities Fees based on the actual improvement cost incurred by Bedford for each of said public parks up to a maximum credit of Two Million Dollars ($2,000,000). City shall have a right to review, audit and verify ali costs ~ociatcd with said park imyxu~ements under procedures to be mutually agreed upon between the 11. Standstill A~'e~mcnt. Until the Development Agreement is mended as contemplated by this MOU, the Standsti]] Agreement shall govc~n the rights and obligations of the parties with regards to Quimby Park Fees associated with the Paloma del Sol project, except that it shall be mended to remain in full forcc and dfect until a certifica~ of occupancy is issued by the City for the 500th residential dwelling uhit in the PaJoma del Sol project. OT-30-9'J !?'~1 -OOO69 P':'~D(3CVSZ~9'~Ql~-NO6 9 12. Park Fee Obli~,ation. Upon execution of this MOU by the parues, regardless of undue delays or the oumome of any lawsuit or action brought by County or mrms of settlement of any action or pr_~___ing which may be instimn~i by the County against City and/or Bedford reaaling to this MOU or the amendment to the Development Agreement, Bedford's Q. imby Park Fee obligation for the Paioma del Sol project sh~ll be satidied based on the requirements prodded in Sections 6, 7 and g of this MOU excluding Tract 24183 which curren~y satisfies the City Park Fee Standard. Bedford's Quimby Park Fee obligation with regard to Planning Area 6, as shown on Exhibit A, up to the maximum number of 590 ntt~ched residential units pennitted by the Specific Plan Density Range shall also be satisfied. 13. Jurisdiction and Attorneys' Fees. This MOU is made and entered into in the State of California, and this MOU, and any rights, remedies, or obligations provided for herein shall be consned and enf,,ic~d in accordance with the laws of the State of California. 14. Severability. ff any portion, provision or pan of this MOU is held, determined, or adjudicated to be invalid, anenforceable, or void for any reason whatsoever, e~eh such portion, provision, or part shall be severed from the remaining portions, provisions, or pans of this MOU and shall not aff~t the validity or enforceability of such remaining portions, provisions, or parts. 15. En~r~ Agreement. This MOU contains the ~nth-~ understanding and agmment betw~ the paxties her~o with respm to the matten r~f~rr~d tO hm. No other r~pregntafions, covenants, undertakings or other prior to contemporaneous agreements, oral or writre, respecting such manera, which ar~ not specifically incorporated herein, shall be deemed in any way to eadst or bind any of the pardes hereto. The parties hemto acknowledge that each party has not executed this MOU in reliance on any such promise, r~presentation, or warranty. 16. Construction. This MOU shall not be conmued against the party preparing it, but shall be construed as ff both parties jointly prepared this MOU and any uncertainty and ambiguity shall not be intiffp~t_,yt against any one party. G:'%DOL~lS~,gZOlOO26.N06 17. Amendment of Agreement. This MOU shall not be modified by either party by oral representation made before or af'mr the execution of this MOU. All modifications must be in writing and signed by the parties, and each of them. 18. Time of the Essence. Time is of the essence for the performance of each and every covenants and the satisfaction of each and every condition contained in this MOU. 19. No Precommitment. City and Bedford unda'stand and agree that certain actions of the City contemplated by this MOU will require compliance with legal procedurn regulations and public hearings accompanied by discretionary decisions. The parties acknowledge that nothing contained in this MOU shall be conswaed as a precommitment or requiring the City Planning Commission or City Council to approve any discretionmy actions contemplated by this MOU, 20. Pay Under Protest. This will acknowledge that as a~reed to in the January 31, 1992 MOU, Bedford has withdrawn its notices of payment of permit fees under protest and tm'minated the Standstill Agreement rehfing w said fees. 21. Superseding. This MOU shall supersede, mend, and restate the Memorandum of Understanding effective January 31, 1992, and shall control the fights, duties and obligations of the parties as to the subject matter of this MOU. Q"/'-)O-g; 122~1 -QQQ&9 G:~,DOC~lSL~.9;QIQQ~6.II06 11 22. Counterparts. This MOU may be e, xecuted in any number of counterparts, each of which shall be deemed an original. ATrEST: CITY OF TEMECB June Greek, City Cl~rk By: Patrim H. Birdsall, Mayor APPROVED AS TO FORM: BEDFORD DEVELOPMENT COMPANY, a California corpolltion Scou Field, City AUomey MESA HO1VI~S;, a California corporation Oir-)O-el 12~'l.OOO&9 ,::'~,ooc",'tSz%glosoOls.nm 12 EXHIBIT "A" MAP OF PARKS. PASEOS. GREENBELTS 0'/'~30-~ 12221 I B APPROVAL CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Mayor and City Council David F. Dixon, City Manager February 25, 1992 Approval of Memorandum of Understanding Regarding Palarea Del Sol PREPARED BY: Scott F. Field, City Attorney RECOMMENDATION: That the City Council approve the attached Memorandum of Understanding (MOU) regarding Palarea del Sol, DISCUSSION: 1. Backaround The County approved a Specific Plan and Development Agreement for Paloma del Sol in 1998, without providing for Quimby fees, The County Quimby Fee ordinance was not adopted until 1989, Typically, once a subdivision is approved without Quimby Fees, it is not subject to any later ordinance imposing the Fees. However, because the Development Agreements for Palarea del Sol authorized collection of subsequently adopted development fees and exactions, it is our opinion ~hat Quimby Fees may be collected on these developments. Bedford disputes this contention, claiming, in part, that it has already met its Quimby Fee requirements through private parkland required under the Specific Plan. The Palarea del Sol Development Agreement also established impact fees of approximately $4,700/dwelling unit. It further states that even after Incorporation, the County would receive $2,1 001unit, leaving the City approximately $2,600. It is the City-Attomey's opinion, however, that the City is entitled to the full amount of the fee as successor in interest to the County under the Agreement. 2. MOU In brief, the MOU directs that, subject to public hearing and Planning Commission and City Council approval, the Development Agreement be amended as follows: a, Residential Imoact Fees. The City will agree to a cap on fees to $3,000 per residential unit for two years, after which time the fees will increase to the then, current City rate. Fire, libran/, K-RST and traffic signal mitigation fees will also be assessed at their current rate for each residential unit. All fees will be paid to the City. Should the County sue, the City and Bedford will share equally the cost of defense and any resulting liability. b. Parkland. No additional Quimby Fees will be assessed, even if the County should successfully sue over impact fees. Instead, Bedford will dedicate parkland to the City equaling approximately 65 acres, These 65 acres (which does not include parks required under recent map approvals) are made up of the following five major recreation areas as well as smaller internal greenbelt paseos: (1) One 9-acre park which will consist of Two baseball diamonds/soccer field combination with lights, restroom and concession building, group picnic area, drinking fountains, trash receptacles, parking lot etc, improved at the cost of ,$1,000,000. (2) One Paseo Park of 11.5 acres, to consist of tot lots, basketball courts, tennis court, volleyball court, picnic area with tables and barbecues, walkways/bikeways with lighting, at the cost of $1,800,000. {3) One Paseo Park of 5 acres, to consist of tot lot, basketball court, picnic areas with tables and barbecue, walkwayslbikeways with lighting, at the cost of' $550,000. (4) One 7-acra park to consist of combination soccer/baseball field with lights, restroom and concession building, group picnic area, drinking fountains, trash receptacles, parking lot, etc,, at the cost of $1,000,000, (5) One Paseo Park of 4.5 acres, consists of basketball court, tot lot, volleyball court, picnic areas, walkways/bikeways with lighting, at the cost of $550,000. The remaining greenbelt paseos, both East and West side of the Project, will Cost approxirnstely $3,300,000 to develop with additional tot lots, basketball courts, walkways, lights, landscaping, irrigation, etc. All perimeter greenbelts would be maintained by the TCSD. All areas will be improved by Bedford, except for the first and fourth parks listed, which the Ci~/will credit Bedford's fee in the amount of $1,000,000 per park. These will be the oniy parks generally accessible to the public. It should be noted that by taking this parkland out of the Homeowners Association (HOA) and into the TCSD, the marketability of the Project will greatly improve, because the H0A dues will decrease subrmntially. c, Engineering Fees Protest. Bedford previously protested over $2.2 Million in engineering plan check fees. Bedford will waive this protest. d. Commercial IraDoe1 Fees. The MOU will preserve the City's option to assess commercial impact fees on projects built prior to the time the fees are established. e. Eastside Tract Maps. The City will have the right to add conditions to the tract maps not inconsistent with the Specific Plan. The principal benefits and burdens of the MOU are as follows: Benefits Burdens · City receives $3,000/unlt, rather than $2,600 under the old County Agreement, and there are no additional County impact fees burdening development · should County prevail in litigation and the Court requires fees of $ 2, 100/unit to be paid to County, City will be precluded from seek- ing additional Quimby Fees · by amending agreement, City improves its position should the County sue to recover fees · City shares costs of defense and judgment with Bedford should County sue · the marketability of the project improves, resulting in payment of impact fees AT'FACHMENTS: 1, Memorandum of Understanding for Paloma del Sol MEMORANDU~ OF UNDERSTANDING (Quimby Park Fees) This Memorandum of Understanding ("MOU") is entered into by and between the City of Temecula ("City") and Bedford Development Company and Mesa-Homes (collectively "Bedford") to be effective on January 31, 1992, with reference to the following: RECI2ALS A. Pursuant to California Government Code Section 65864, et ~eg. (UDevelopment Agreement Statutes"), Bedford and the County of Riverside ("County") entered into Development Agreement No. 4 recorded in the Official Records of Riverside County on November 7, 1988, as Instrument No. 325513 ("Development Agreement"). B. The Development Agreement encompasses a project formerly located within County approved Specific Plan No. 219 known as "Paloma Del Sol", a mixed use subdivision project to be developed on property owned by Bedford which became a part of the municipal boundaries of the City when the City incorporated on December 1, 1989. C. Pursuant to the provisions of the Development Agreement Statutes, the city became the successor-in-interest to the County under the Development Agreement upon incorporation of the City. D. A dispute has arisen between the City and Bedford over the amount of fees or land dedication for park or recreational purposes Bedford is required to provide to City as allowed under Section G6477 of the California Government Code ("Quimby Park Fees"). 01 -)0-ga 't~221 -ooo&9 G: "Qoc%'tSa%gaol oo26.1i~ E. On May 20, 1987, =he County amended Ordinance No. 460 authorizin~ =he imposition of Quimby Park Fees. Ordinance No. 460 required adoption of an implementation resolution designating a recipient of the Quimby Park Fees. On June 28, 1988, pursuant to Resolution No. 88-218, the County designated CSA 143 as the recipient of Quimby Park Fees subject to the adoption of a master plan. On June 27, 1989, pursuant to Resolution No. 89-331, the County adopted a master plan for CSA 143, establishing the Quimby Park Fees at three (3) acres per 1,000 new residents (,'County Park Fee Standard"). F. Pursuant to Resolution No. 99-53, adopted on May 8, 1990, city has adopted Quimby Park Fees of five '(5) acres of land for parks and recreational purposes, or payment of fees in lieu thereof, for every 1,000 people to reside in the proposed subdivision ("City Park Fee Standard"). G. The City interprets the Development Agreement to permit the imposition of increased Quimby Park Fees computed on the City Park Fee Standard. and has required Bedford to pay Quimb Park Fees based on the City Park Fee Standard as a condition of issuance of building permits for Paloma Del Sol. Bedford disagrees with this position and interprets the provisions of the Development Agreement to limit the City's authority to impose Quimby Park Fees based on the park and open space requirements of SpecificPlan No. 219 as approved by the County end incorporated into the Development Agreement. H. In order to avoid a legal challenge to the Quimby Park Fees and to prevent the running of any relevant statutes of limitation while attempts are being made to resolve this dispute, Bedford and City have entered into a Standstill Agreement effective on April 9, 1991, as amended ("Standstill Agreement"). r I. City and Bedford acknowledge that development of Paloma Del Sc1 will result in a generation of significant municipal revenue, public infrastructure facilities and the enhancement of the c/uality of life, including recreation facilities for present and future residents of the City. The benefits to the City and Bedford contemplated by Paloma Del Sol include: the opportunity for a high ~uality residential-commercial project creating significant job opportunities, sales tax and ad valorem tax revenues for the City payment of substantial impact fees to be used tc solve City and regional traffic infrastructure demands (3) a payment of public facilities fees (4) participation in special assessment and/or community facilities districts to finance City and regional infrastructure improvements (s) the creation of significant park~ recreation end open space dedications for public use and the protection of significant natural resources The City and Bedford acknowledge that due to the present recession, none cf these benefits to the City are possible unless the Pelcma Del Sol project goes forward. The parties further acknowledge and agree that the present structure of fees and private recreation and open space creates substantial impediment~ to development of Paloma Del Sol. 01-~-~2 1222t-000~ ~:'~QC%152%gZ01002~.I2 3 J. Without admitting or determining any rights or obligations as between City and Bedford, each to the other, with respect to the amount of the Quimby Park Fees, and solely to avoid the potential expense and inconvenience of protracted _itigation, and to balance the needs of the City to provide adequate parks and recreational facilities with the difficulty of land development in today's economy, City and Bedford agree to settle this.matter based on the terms and conditions of this Memorandum of Understanding. 1. Amend Develomment A~reement. In accordance with the procedures set fcr?.h in the Development Agreement Statutes, city and Bedford shell commence the necessary proceedings to consider amending the Development Agreement eliminate the County Public Facilities and Services Mitigation Fee end replace it with a City Public Facilities Fee; provide that for e period of two (2) years from the date of recording the amendment to the Development Agreement, the City Public Facilities Fee shall be paid in lieu of the Regional Statistical Area Fee ("RSA Fee") established by County Ordinance No. 639 adopted by the City; provide that for a period of two (2) years from the date of recording the amendment to =he Development Agreement, the City Public Facilities Fee shall be Three Thousand Dollars ($3,000.00) per each residential unit" ("Interim Public Facilities Fee") exclusive 01-30-~ G:~15~%9201OG~,.li3~ of all other fees, including but not limited to K-Rat, fire, traffic signal, and drainage mitigation fees as applied to the development of Paloma Del Sol whether constructed by Bedford or any other merchant builder- purchasing Palcma Del Sol tracts from Bedford; provide that after said two year period the amount of the Interim Public Facilities Fee shall be increased up to the amount of the City's Public Facilities Fee imposed on all projects in the City at that time. In the event the City has not adopted a City Public Facility Fee by the end of said two year period, Bedford shall continue to pay the lnterim Public Facilities Fee until such time as the City adopts a City Public Facilities Fee. provide that Bedford will be subject to paying a City Public Facilities Fee for non- residential development in the Paloma Del Sol project in accordance with the provisions of the City's non-residential Public Facilities Fee ordinance. In the event the City has not adopted a Public Facilities Fee for non- residential development at the time of issuance of building permits for commercial construction, Bedford agrees to abide by the City~s procedures relating to payment of future non-residential Public Facilities Fees applicable to all projects in the City in effect at =hat time. 01 -)Q-92 12221 oOOO&9 5 provide that the park land and recreation facilities to be dedicated to the City as contemplated by this MOU shall fully satisfy Bedford's obligation to pay Quimby Park Fees and to provide parks and recreational facilities for the Paloma Del Sol project consistent with Specific Plan No. 219 and this MOU. 2. Eastside Tract Mams. City shall commence the necessary proceedings in accordance with the Subdivision Map Act to extend the Paloma Del Sol "Eastside" Tentative Tract Maps Nos. 24182, 24184, 24185, 24186, 24187 and 24188 with no new conditions inconsistent with the terms of Specific Plan No. 219 and this MOU. Neither party waives its rights as to what constitutes "consistency" with Specific Plan No. 219. 3. Cost of Litigation. In the event the County seeks to challenge the right of City and Bedford to enter into this MOU or to amend the Development Agreement and institutes an action, suit or proceeding to challenge this MOU or invalidate and/or enjoin the enforcement of this MOU or the amendment to the Development Agreement or take such other action(s) which result in unreasonable delays in the development of the paloma Del Sol project, the par~ies a~ree to cooperate and participate in a joint defense in any action against the parties, their officers, agents and employees, from any and all such obligations, liability, suit, claim, loss, judgment, lien, resulting from such action(s) brought by County (but excluding actions to expunge any lis pendens) and to share equally the costs associated with attorneys' fees, Costs and damages tha~ the parties may incur as a result of any such actions or lawsuit to challenge City and/or Bedford's legal authority to enter into this MOU and/or amend the Development Agreement. In the even= the County prevails in any such litigation after exhaustion of any procedural appeals, the 01 *)0-92 IZZ21 -OO(M9 6:";OC%15~'%FZO1002&.II)~ 6 provisions relating to the payment cf Interim Public Facilities Fees as set forth in this MOU and/or the amendment to the Development Agreement shall terminate. 4. Public Facilities Fees Shol~cfall. In the event the County prevails in any legal action or other proceeding to challenge, set aside, or enjoin the enforcement of the amendment to the Development Agreement and a court or other tribunal having jurisdiction. over the matter after all appeals are taken, determines that Bedford and/or the City is liable to make up any shortfall in the amount of the P~blic Facilities and Services Mitigation fees owned by City and/or Bedford to County, then City and Bedford shall each share equally in paying any such shortfall. 5. Reimbursement of Fees. If prior to the amendment to the Development Agreement and in the event Bedford is required to pay public facilities fees and/or RSA fees in an amount greater than the amount set forth in the amendment to' the Development Agreement, Bedford shall be entitled to reimbursement of the difference in the amount of the fees paid within thirty (30) days of the 'date of recordation of the Amenc~nent to the' Development Agreement. 6. Parks. Greenbelts and Paseos. As additional consideration for entering into this MOU, Bedford agrees to dedicate, or cause to be dedicated, and City agrees to accept, park land, greenbelts, slopes and paseos to the City equalling approximately one hundred eighty six (186) acres subject to the approval of the Paloma Del Sol Association ("Association")and the California Department of Real Estate ("DRE") only as to those parcels within the 186 acres shown on Exhibit "B" attached and made a part hereof by this reference which are owned by the Association or subject to an irrevocable escrow in favor of the Association. If the Association and/or the DRE fail to approve the transfer of =he Phase I Parcels shown on Exhibit B to the City and therefore such property is not conveyed to the City, such failure to convey shall not prevent Bedfor~ from satisfying its Quimby Park Fee obligation nor affect any other provision of this MOU. The 186 acres are made up of the following five major recreation areas as well as fifty five'(55) acres of smaller in- tract greenbelt paseos and eighty seven (87) acres of roadway passes, public parkway and slope landscaping. These areas are shown on the attached Exhibit "A" incorporated heroin and described as follows: (a) A seven and seventy-four hundredths (7.74) acre park located in Tract 24133-2, Lot 114 ('7.74 Acre Park") which consists of two baseball diamonds/soccer field combination with lights, restroom and concession'building, group picnic area, drinking fountains, trash receptacles, parking lot. (b) A thirteen and eighty-four htxndredths (13.84) acre paseo park located in Tract 24133-3, Lot 106 ("13.S4 Acre Paseo Park") which consists of tot lots, basketball courts, tennis court, picnic areas.with tables and barbecues, walk~ays/bikeways with lighting. (c) An approximate five and nine tenths (5.9) acre paseo park located in Tract 24134-3, Lots 68, 69, 70, 71 and a portion of Lot 83 of Tract 24134-F ("5.9 Acre Paseo Park") which consists of a tot lot, basketball court, picnic areas with tables and barbecue, walkways/bikeways with lighting. (d) A seven and forty-four hundredths (7.44) acre park located in the Eastside (future) Tract 24186-4, Lot I ("7.44 Acre Park") which will consist of a combination soccer/baseball field with lights, restrooms and concession building, group picnic area, drinking fountains, trash receptacles, parking lot. (e) A nine and thirty-five hundredths (9.35) acre paseo perk located in the Eastside (future) Tracts including: Lots 159 and 160 of (future) Tract 24186-1; Lots 121 and 129 of (future) Tract 24186-2 end Lot 121 of (future) Tract 24187-F ("9.35 Acre Paseo Perk") which will consist of a basketball courn, tot lot, picnic eras, walkway/bikeways with lighting landscaping and irrigation. (f) The remaining 142 acres of greenbelt paseos, roadway paseos, public parkway and slope landscaping, both east and west sides of Peloma Del Sol. (g) Alk perimeter and interior greenbelt paseos, roadway paseos, parks and slopes will be maintained by the Temecule Community Services District ("TCSD"). All assessments for maintenance shall be in compliance with the standards and formulas imposed by the TCSD on e city-wide basis. (h) The approximately one hundred eighty six (186) acres of parks, greenbelts and paseos shall be transferred to the City by grant deeds from Bedford and the Association, depending on ownership. The City shell be responsible for establishing any maintenance obligations with the TCSD associated with the perks, paseos and greenbelt areas described in this MOU. 7. Timin~ of Perk Improvements end Transfer to City. (a) The 7.74-Acre Park shell be fully improved end transferred to the City on or before August 31, 1992. (b) The 13.84-Acre Peseo Perk shell be fully improved end transferred to the City within six~cy (60) days of the effec=ive date of the amendment to the Development Agreement and the 5.9-Acre Paseo Perk within sixty (60) days after approval of the DRE end =he Association. (c) Improvement to the 7.44-Acre Perk shell commence at the time of development of the adjoining tracts ol -~o-e'z 12221 G:'~M3C%lS~Fa)lOO;S.I~Z 9 (Tract Nos. 24186-1, 2, 3, 4 and Final). Improvements to the 9.35-Acre Paseo Park shall commence at the time of development of the adjoining tracts (Tract Nos. 24186-1, 2 and Final). Improvements to the 7.44 Acre Park and the 9.35-Acre Paseo Park shall be completed and the parks transferred to the City on or before the issuance of 50% of the certificates of occupancy for the dwelling units constructed in the adjoining tracts. (d) Improvement to and transfer of the remaining 142 acres of greenbelt paseos, roadway paseoe, public parkway and elope landsoaping, both East and West sides Of Paloma Del Sol shall occur with the completion of development of the adjoining tracts. (e) Bedford may extend the improvement completion and park transfer dates as set forth in this MOU with written consent from the City. (f) City shall receive and approve all park and recreation facilities improvement plans in accordance with the City's park standards, procedures and specifications except the City shall accept without any modifications the improvements to the 13.84-Acre Paseo Park ~nd the 5.9-Acre Paseo Park as currently constructed and installed. 8. Fee Credits. At the time of completion of the improvements and transfer of the 7.74-Acre Park and the 7.44-Acre Park, respectively, Bedford shall receive a credit against payment of the future Public Facilities Fees based on the actual improvement cost incurred by Bedford for each of said parks up to a maximum credit of One Million Dollars ($1,000,000) for each park for a maximum total of Two Million Dollars ($2,000,000). City shall have a right to review, audit and verify all costs associated with said park improvements under procedures to be mutually a~reed upon between the parties. 9. Standstill Acreement. Until the Development Agreement is amended as contemplated by this MOU, the Standstill G:~oe)c~15~9'aoloo~.m3; 10 Agreement shall govern the rights and obligations of ~he par~ies with regards to Quimby Park Fees associated with the Paloma Del Sol project, except that i= shall he amended =o remain in full force and effect until a certificate of occupancy is issued by the City for the 500th residential dwelling unit in the Paloma Del Sol project. 10. Park Fee Obliaation. Upon execution of this MOU by the par~:ies, regardless of undue delays or the outcome of any lawsuit or action brought by county or terms of settlement of any action or proceeding which may be instituted by the County against City and/or Bedford relating to this MOU or the amendmen~ to the Development Agreement, Bedford's Quimby Park Fee obligation for the Paloma Del Sol project shall be satisfied based on the requirements provided in Specific Plan No. 219, and Sections 6, 7 and 8 of this MOU. 11. Jurisdiction and Attorneys' Fees. This MOU is made and entered into in the State of California, and this MOU, and any rights, remedies,,or obligations provided for heroin shall be construed and enforced in accordance with the laws of the State of California. 12. Severability. If any portion, provision or pan of this MOU is held, determined, or adjudicated to be invalid, unenforceable, or void for any reason whatsoever, each such portion, provision, or part shall be severed from the remaining portions, provisions, or parts of this MOU and shall not affect the validity or enforceability of such remaining portions, provisions, or parts. 13. Entire Aareement. This MOU contains the entire understanding and agreement between the parties hereto with respect to the matters referred to heroin. No other represen~a=ions, covenants, undertakings or other prior to contemporaneous agreements, oral or written, respecting such O~ -)O-eZ 'tZZZ1 G:~-,,asz%lra)loG~&.l;~ 11 matters, which are not specifically incorporated heroin, shall be deemed in any way to exist or bind any of ~he parties hereto. The parties hereto acknowledge that each party has no~ executed this MOU in reliance on any such promise, representation, or warranty. 14. Construction. This MOU shall not be construed against the pal~cy preparing it, but shall be construed as if both parties jointly prepared this MOU and any uncertainty and ambiguity shall not be interpreted against any one party. 15. Amendment of Aareement. This MOU shall not be modified by either party by oral representation made before cr after the execution of this MOU. All modifications must be in vriting and si~ned by the parties, and each of them. 16. Time of the Essence. Time is of the essence for the performance of each and every covenants and the satisfaction of each and every condition contained in this MOU. 17. No Procommitment. City and Bedford understand and agree that certain actions of the City contemplated by this MOU will require compliance with legal procedures regulations and public hearings accompanied by discretionary decisions. The panics acknowledge that nothing contained in this MOU shall be construed as a procommitment or requiring the City Planning Commission or City Council to approve any discretionary actions contemplated by this MOU. l?a. Pay Under Protest. Bedford agrees to withdraw its notices of payment of permit fees under protest and will terminate the Standstill Agreement relating to said fees upon execution of this MOU. ol -31).-92 '1222'1 18. Counterparts. This MOU may be executed in any number of counterparts, each of which shall be deeme~ an original. ATTEST: 9une Greek, City Clerk CITY ~F TEMECULA Patricia H. Bir~sall, Mayor APPROVED AS TO FORM: Scott Field, City Attorney BEDFORD DEVELOPMENT COMPANY, a Califo nia corporation By: ~ JR .. ~ MESA HOMES, 01-30-92 12221 G: 'UX~.lS~'~.gZDIIDO2~.Ie2J 13 II -- / L~GAL D~:~CRIT'F[ON Association ProBere, PARCEL t: PARCEL 2: PARCEL 3: PARCEL 4: Lots 67 to 71. in,'lusive, of Tt=~t Map No. 2413~.-3, as per map filed m l~ok ~_3L Pages: to 8. inclussve. of Maps. ~ of RivErsidE County. Ca. tifoma. Lot 83 of Tract Map No. 241.34. as per map fil~t in ~k 222, ~es 42 ~ 49, snctust,e. of M~s, ~ of ~d Count. Lots 86 to JR. inclusive. of Tr~'t Map No, 24134.-t, as ~ ma~ filed in _noo__k ~.30. Pages 84 to 92, meltmr.', of friars, RE~otds of said County. F, as~monu for the majntE~n~8 of the landst~pml and any imlation facili~e~ appunEnant memm over that real property d~cm:l on Exlfibit F of the Dc~:laranon of Coychats, Conditions and Resmcnons for l~lon~ clel Sol mm%'d~ on August 5. 1991. ~s Instn~ment No. 91-267231 and m-_r~L~_~q:l~l on S~mNt 5, 1991. ~s InstntmEnt No. gI-307~, ~t of me Of~ ~ of ~d Count. PARCEL I: PARCEL 2: ~ts for th~ rnaimEnan~z of tt~ landsmpinI ~d any izrilasim f'~ilitiEs appurtenam ~ over ~ real ~ ~ on F=,v. hibit F of t~ SupptEmEnnry l~ctannon of Coves.ann. C. ondilians and ~ fat P~onm dEl $Qi Phast n ~ on Aug~ 5, t~l. u ~ No. 91-26~ ~ ~ m S~ 5, l~t, B Ins~m~t No. 91-~, ~ of ~ ~ P~ of ~ 11-11'41 ATTACHMENT NO. 8 CITY COUNCIL MINUTES, AUGUST 11, 1992 134 CITY COUNCIL MINUTES COUNCIL BUSINESS 24. AUGUST 11,1992 Memorandum of Understandina Reoardina Paloma Del Sol City Attorney Scott Field presented the staff report. It was moved by Councilmember Lindemans, seconded by Councilmember Moore to approve the Amended Memorandum of Understanding ("MOU") regarding Paloma Del Sol. Councilmember Mu~oz expressed concern that this agreement had the potential for possible litigation by to the County and opposed the agreement which he felt modified the contract forever. Councilmember Lindemans clarified that the contract was for a two year term. Councilmember Parks stated that he supported the agreement which settles a potential lawsuit with the developer and provides the City with a development agreement with the local developer instead of with the County. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Parks, Birdsall NOES: 1 COUNCILMEMBERS: Mufloz 25. Consideration of Chamber of Commerce Contract Service Aoreement Mary Jane Henry provided the staff report. Doug Davies, 27450 Ynez Road, Temecula, representing the Temecula Valley Chamber of Commerce, requested support for renewal of the contract. Evelyn Harker, 31130 S. General Kearney, Temecula, encouraged the City Council to support the contract agreement. Councilmember Mu~oz stated that he objects to being asked to support activities which are being done by two other organizations in the community and which appear to be very generic to any Chamber. It was moved by Councilmember Lindemans, seconded by Councilmember Parks to approve funding in the amount of 946,000 to the Chamber of Commerce and to direct the execution of the Chamber of Commerce Contract Service Agreement. The motion was unanimously carried. CCMINal11192 -9- 912192 ATTACHMENT NO. 9 Planning Application No. 92-0013 (Development Agreement) S~STAFFRPT~24182AII.PC 135 ATTACt!NW-NT NO. 9 SUBMITTED UNDER SEPARATE COVER ATTACHMENT NO. 10 DEVELOPMENT AGREEMENT NO. 4 136 ORDINANCE NO. 664.7 AN ORDINANCE OF THE COUNTY OF RIVERSIDE APPROVING DEVELOPMENT AGREEMENT NO. 4 The Board of Supervisors of the County Of Riverside Ordains as Follows: Section 1. Pursuant to Government Code Section 65867.5. Development Agreement No. 4. a copy of which is on file with the Clerk of the Board of Supervisors. is hereby approved. Section 2. The Chairman of the Board of Supervisors is hereby authorized to execute said Development Agreement on behalf of the County of Riverside after execution thereof by all landowners listed therein. provided all such landowners have executed said Development Agreement within 30 days after adoption of this ordinance. Section 3. This ordinance shall take effect 30 days after its adoption. ATTEST: GERALD A. MALONEY Clef& ~/ale Board Deputy (SEAL) BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE. STATE OF CALIFORNIA BY Chairman. Board of Supervisors Recorded at request oi Clerk, RoaEd of Supervisocs County of Riverside When recorded Eeturn to Riverside County Plannin~ Director 4080 Lemon Street. 9~h Floor Riverside. C~ 92501 DEVELOPMENT AGREEMXNT NO. 4 A development agreement between COUNTY OF RIVERSIDE and I~ISER DEVELOPNENT COW/PANY Specific Plan No. 219 - Vail Meadows Development Agreement NO. 4 TABLE OF CONTENTS SECTION 1.1 1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 1.1.8 1.1.9 1.1.10 1.1.11 1.1.12 1.1.13 1.1.14 1.1.15 1.1.16 1.1.17 1.2 2.1 2.2 2.3 2.4 2.4.1 2.4.2 2.4.3 2.4.4 2.4.5 2.7 HEADING PAGE RECITALS . DEFINITIONS AND EXHIBITS . Definitions ..... Agreement ..... COUNTY ....... Development ..... Development Approvals Development Exaction . Development Plan . . . Effective Date .... Existing Development Approvals Existing Land Use Regulations Land Use Regulations ..... OWNER ............ Mortgagee .......... Project ........... Property ........... Reservations of Authority . . Subsequent Development Approvals Subsequent Land Use Regulations Exhibits ............. GENERAL PROVISIONS ......... Binding Effect of Agreement . .-. Ownership of Property ....... Term ................ Assignment .............. Right to Assign ....... . RoleaBe of Transferring Owner . Subsequent Assignment ..... Partial Release of Purchaser, Translates, or Assignee of Industrial or Commercial Lot . 7 Termination of Agreement With Respect to Individual Lots Upon Bale to Public and Completinn of Construction ..... 7 Amendment or Cancellation of Agreement 8 Termination 8 Notices 8 i SECT I ON HEAD ING 3,4 3.5 3.6 3.6.2 3.6.3 3.6,4 3.8 3.9 3,10 3.11 4,1 4.2 4.2.1 4.2.2 4.2,3 4.2.4 4,2.5 4.3 S.1 6.2 6.3 6.4 7,2 7.3 DEVELOPMENT OF THE PROPERTY 10 Rights to Develop Ef[ect of Agreement on Land Use Re~ulations Timing of Development Phasing Plan Changes and Amendments , , Reservations of Authocity Limitations, Reservations and 10 Io 10 11 11 Development Approvals; 13 Modification or Suspension by State or Federal Law , Intent Public Morks Provision of ~e~l'Property 13 13 13 Interests by COUNTY 13 Re~ulation by Other P~bli~ ~g~n;i~s' . 14 Tentative Tract Map Extension , 14 Vesting Tentative Maps , 14 PUBLIC BENEFITS · 14 Intent ............ Public Facilities and Services Mitigation Fee , Amount and Components of Fee Time of Payment Reduction for Low-Occupancy Annual Fee Adjustment Credits Continuatio~ of Fees 14 15 15 15 16 16 16 FINANCING OF PUBLIC IMPROVEMENTS ,.', , 17 REVIr~ FOR COMPLIANCE · 17 Periodic Rsview , Special Review , , 17 Procedure ..... 17 Proceedings Upon Modification or Termination ........... Hearing on Modification Certificate of Agreement Compliance INCORPORATION ~ IM~NEX~TION . · 19 Intent .... Incocporation Annexation . · 19 · 19 · 19 ii SE~ION 8. 8.1 8.2 8.3 8.4 8.5 9.2 9.4 9,5 9.6 10. 11. 11.1 11.2 11.3 11.4 11.5 I1.6 11.? 11.8 11.9 11,10 11.1~ 11.1~ 11.1~ 11.16 11 · 17 11.18 11.20 HEADING DEFAULT AND REMEDIES Remedies in General Specific Performance Agreement for Default of OWNER Termination of Agreement for Default of COUNTY THIRD PARTY LITIGATION . General Plan Litigation . , Third Party Ligitation Concerning Agreement Indemnity . Environment Assurances Reservation of Rights Survival MORTGAGEE PROTECTION . MISCELLANEOUS PROVISIONS RecordaLien of Agreement Entire Agreement . Severability ......... Interpretation and Governing Law Section Headings Singular and Plural ..... Joint and Several Obligations Time of Essence Waiver . No Third Pa~t½ Beneficiaries Force Ma)eure Mutual Covenants Successors in Interes~ Counterparts ~uriadiction and Venu~ Project as a Private Undertaking Further Actions and Instruments Eminent Domain .... Agent for Service o~ ~t~C~s~ . Authority to Execute . . Signatures PAGE 19 19 20 20 2O 21 21 21 22 21 22 22 23 23 24 24 24 24 24 25 25 25 25 25 25 25 25 26 26 26 26 26 26 27 27 27 iii DEVELOPMENT AGREE~RNTNO. 4 This Development Agreement (berethalter 'Agreement") is entered into e==ective on the date it is recorded with the Riverside Count/Recorder (hereinafter the mEffective Date") by and among the co~ya~rY OF RIVERSIDE (hereinafter mCOUNTY"). and the persons and entities listed below (hereinafter uOWNER"): KAISER DEVELOPMENT COMPANY. a California corporation. RECXTALS WHEREAS. COUNTY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. pursuant to Section 65864. e_A eeq. of the Government Code: and. WHEREAS. COUNTY has adopted rules and regulations for consideration o[ development agreements. pursuant to Section 65865 of the Government Code: and, WHEREAS, OWNER has requested COUNTY to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of COUNTY; and, WHEREAS, by electing to enter into this Agreement, COUNTY shall bind future Boards of Supervisors of COUNTY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of COUNTY: and. WHEREAS. the terms and conditions of this Agreement have undergone extensive review by COUNTY and the Board of Supervisors and have been iound to be fair. Just and reasonable: and. WHEREAS, the best interests of the citizens of Riverside county and the public health. safety and welfare will.be served by entering into this Agreement= and. WHEREAS. all of the procedures of the California Environmental Quality Act have been met with respect to the Project and the Agreement; and. WHEREAS. this Agreement and the Project are consistent with the Riverside County Comprehensive General Plan and any Specific Plan applicable thereto; and. -1- WHEREAS. all actions taken and approvals given by COUNTY have been duly taken or approved in accordance with all applicable legal requirements for notice. public hearings, iindings. votes. and other procedural matters: and. WHERF~S, development of the Property in accordance With this Agreement will provide substantial benefits to COUNTY and will further important policies and goals of COUNTY; and, WHEREAS° this Agreement viii eliminate uncertainty in planning and provide ~or the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864, e_! see. o[ the Government Code are intended; and, WHEREAS, on June 28, 1988, Special Assessment District No. 159 Was formed by County Resolution No. 88-192 pursuant to a petition, executed by OWNER, requesting the District to be formed and consenting to said District being formed to provide a financing mechanism to pay for the construction of certain public facilities that would benefit the Property and OWNER advanced those monies needed to pay all costs associated with forming said District and retained and paid civil engineers to design and engineer the public facilities to be constructed, and said public facilities were designed to benefit the Property and certain of the facilities may have been oversized to benefit adjacent properties and the public at large: and, WHEREAS. OWNER has incurred and will in the future incur substantial cost in order to assure development of the Property in accordance with this Agreement: and. WHEREAS. OWlq~R has incurred and will in the future incur substantial costs in excess o~ the generally applicable requirements in order to assure vesting o~ legal rights to develop the Property in accordance with this Agreement. /// ill Iil III III III III III -2- NOW, THEREFORE, in consideration of the above recitals and o£ the mutual covenants hereinafter contained and for other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged. the parties agree as follows: 1. DEFINITIONS 1M~DEXRIBITS. 1.1 De~initions. The following terms when used in this Agreement shall be defined as follows: 1.1.1 Agreement. 'Agreement' means this Development 1.1.2 'COUNTY" means the County of Riverside. a political subdivision of the State of California. 1.1.3 'Development" means the improvement of the Property for the purposes of completing the structures. improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. 'Development, does not include the maintenance, repai~, reconstruction or redevelopment of any building, structure. improvement or facility after the construction and completion thereof. 1.1.4 'Development Approvals- means all permits and other entitlements for use subject to approval or issuance by COUNTY in connection with development of the Property including, but not limited to: (a) Specific plans and specific plan amendments: (b) Tentative and final subdivision and parcel maps; (c) Conditional use permits, public use permits and plot plans; Zoning: (e) Grading and building permits. 1.1.5 'Development Exaction, means any requirement of COUNTY 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 ~ees in order -3- to lessen. offset, mitigate or compensate for the impacts of development on the environment or othe~ public interests. 1.1.6 "Development Plan" means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property. 1.1.7 *~ffective Date~ means the date this Agreement is recorded with the County Recorder. 1.1.S eExisttng Development Approvals~ means all Development Approvals approved or issued prior to the Effective Date. Existing Development Approvals includes the ~pprovals incorporated herein as Exhibit "C' and all other Approvals which are a matter of public record on the ~f[ective Date. 1.1.9 eZxisting Land Use Regulations" means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit -De and all other Regulations which are a matter of public record on the Effective Date. 1.1.10 "Land Use Regulations" means all ordinances, resolutions, codes. rules, regulations and official policies of COUNTY governing the development and use of land. including. without limitation, the permitted use of land. the density or intensity of use, subdivision reguirements, 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. "Land Use Regulations" does not include any COUNTY ordinance, resolution, code. rule, regulation or officia~ policy, governing: (a) The conduct of businesses, professions, and occupations; Taxes and assessments: (c) The control and abatement of nuisances: (d) The granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property: (e) The exercise of the power of eminent domain. l.l. Xl "(~dNER' means the persons and entities listed as OleNER on page 1 of this Agreement and their successors' in interest to all or any part of the property- -4- 1.1.12 'Mortgagee'means a mortgagee o~ a mortgage. a beneficiary under a deed of trust or any other security-device lender. and their successors and assigns. 1,1.13 "Project" means the development o[ the Property contemplated by the Development Plan as such Plan may be further defined. enhanced or modified pursuant to the provisions o~ this Agreement. 1.1.14 'Propertye means the real property described on Exhibit 'A' and shown on Exhibit 'B" to this Agreement. 1.1.1S 'Reservations of Authority" means the rights and authority excepted Zrom the assurances and rights provided to OWNER under this Agreement and reserved to COUNTY under Section 3.6 o= this Agreement. 1.1.16 'Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with development of the Property. 1.1.17 'Subsequent Land Use Regulations" means any Land Use Regulations adopted and e~fective after the Effective Date of this Agreement. 1.2 Exhibits. The ~ollowing documents are attached to, and by this reference made a part of. this Agreement: Exhibit "As -- Legal Description of the Property. Exhibit "Be --Map showing Property and its location. Exhibit "C" -- Existing Development Approvals. Exhibit "De -- Existing Land Use Regulations. Exhibit 'E' -- Fee Credits. 2. GENERAL PROVISIONS. 2.1 Bindina E=~ect o[ Aareement. The Property is hereby made subject to this Agreement. Development o~ the Property is hereby authorized end shall be carried out only in accordance with the terms of this Agreement. 2.2 Ownership of Property. OWNER represents and covenants ~hat it is the owner of the fee simple title to the Property or a portion thereoZ. 2.3 Term. The term of this Agreemen~ shall commence on the Effective Date and shall continue tot a period of ten (10) years thereafter unless this term is modified or extended pursuant to the provisions ot this Agreement. 2.4 Assianment. 2.4.~ Rtqht to AssiQn. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided Chat no such partial transfer shall violate the Subdivision Map Act. Government Code Section 66410, e~ sea., or Riverside County Ordinance No. 460) to any person. partnership. joint venture, firm or corporation at any time during the term ot 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 tollowing 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, OWNER shall notify COUNTY, in writing. of such sale. transfer or assignment and shall provide COUNTY with an executed agreement. in a term reasonably acceptable to COUNTY, by the purchaser, transteree or assignee and providing therein that the purchaser. tramsterse or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement. Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute s default by Owner under this Agreement. Notwithstanding the failure of any purchaser, tramsfetes or assignee to execute the agreement required by Paragraph (b) ot this Subsection 2.4.1, the burdens o~ this Agreement shall be binding upon such purchaser, transferee or assignee. but the benefits ot this Agreement shall not inure to such ipurchaser, transverse or assignee until and unless such agreement is executed. 2.&.2 Release of TransterrinQ Owner. Notwithstanding any sale, transfer or assignment. a ~ransferring OMNER shall continue Co be obligated under this Agreement unless such transferringO%~ER is given a release in writing by COUNTy. which release shall be ~rovided by COUNTYupon the full satisfactionby such transferring~NER of the following conditions: -6- (a) OWNER no longer has a legal or equitable interest in all or any part of the Property. (b) OMI~ER is not then in default under this &greenent. (c) OWNER has provided COUNTY with the notice and executed agreement required unde~ Paragraph (b) of Subsection 2.4.1 above. (d) The purchaser, Cransferee or assignee provides COUNTY With security equivalent to any security previously provided by OQ4NER to secure performance of its obligations hereunder. 2.4.3 SubseQuent Assignment. Any subsequent sale. transfer or assignment after an initial sale. transfer or assignnent~shall be made only in accordance with and sub)act to the terns and conditions of this Section. 2.4.4 Partial Release of Purchaser. Transferee or AssiQnee of Industrial or Commercial Lot. A purchaser, translates or assignee of a lot. which has been finally subdivided as provided for in the Development Plan and for which a commercial or industrial plot plan for development of the lot has been finally approved pursuant to the Development Plan. may submit a request, in writinq, to COUNTY to release said lot from the obligations under this Agreement relatinq to all other poztions oC the property. Within thirty (30) days of such request, COUNTY shall review, and if the above conditions ate satisCied shall approve the request for telease and notify the purchaser, translates or assignee in writing thetest. No such release approved pursuant to this Subsection 2.4.4 shall cause. or otherwi-se affect, a release of OWNER from its duties and obligations under this Agreement. 2,4,5 Termination of AQreement With Resnect Individual'Lots Upon Sale to Public and Completion Construction. The provisions of Subsection 2.4.1 shall not apply to the sale or lease (Corn period longer than one year) oC any lot which has been finally subdivided and is individually (and not in ebulk') sold or leased to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such let shall be released and no longer be subject to this Agreement without the execution or recordation any Curther document upon satisCaction of both of the Coilowing conditions: (a) The lot has been finally subdivided and individually (and not in 'bul~') sold or leased (for a period longer than one year) to a member of the public or other ultimate user: and. (b) A Certificate of Occupancy has been issued for a building on the lot. and the fees set forth under Section 4 of this Agreement have been paid. 2.5 Amendment or Cancellation of A~reement. This Agreement may be amended or cancelled in whole or in part only by written consent of all parties in the manner provided for in Government Code Section 65868. This provision shall not limit any remedy of COUNTY or OCHER as provided by this Agreement. 2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the stated term of this Agreement as set forth in Section 2.3. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement. (e) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement. (d) Completion of the Project in accordance with the terms of this &greement including issuance o~ all required occupancy permits and acceptance by COUNTY or applicable public agency of all required dedications. Termination of this Agreement shall not constitute termination of any other land use entitleRents approved for the P~operty. Upon the termination of this Agreement, no'party shall have any ~urther righ~ or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of . the provisions of this Agreement which has occurred prior to such termination or vlth respect to any obligations vhicn are speci~ically set ~orth as surviving this Agreement. Upon such termination, any public Zacilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by OMNER to COUNTY ~or residential units on which construction has not yet begun shall be refunded to C~dl~R by COUNTY. 2.7 Wotices. (a) As used in this Agreement, ,noticem includes, but is not limited to, the communication o: notice, request, demand, approval, statement. report, acceptance, consent, waiver, appointment or other communication zequired or permitted hereunder. -8- (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below: or (ii) on the date of delivery shown on the return receipt. after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested. and postage and postal charges prepaid, and addressed to the recipient named below: or (iii) on the date of delivery shown in the records of the telegraph company after trensmission by telegraph to the recipient named below. All notices shall be addressed as follows: IX to COUNTY: Clerk of the Roard of Supervisors County of Riverside 4080 Lemon St., 14th Floor Riverside, CA 92501 with copies to: County &dministrative O~ficer County of Riverside 4080 Lemon St., 12th Floor Riverside, CA 92501 and Director Planning Department County of Riverside 4080 Lemon St., 9th Floor Riverside. CA 92501 County Counsel County of Riverside 3535 Tenth St.. Suite 300 Riverside, CA 92501 If to OWNER: Kaiser Development Company c/o Rancho California Development Company 28250 Ynez Road Rancno Celi~ornia. CA. 92390 with a copy to: Dennis D. O'Neil, Esq. Pettis, Tester, Ktuse & Kttnsky 18881 Vet Karmau. 16th. Floor ltvine. CA. 92715 (c) Either patty may, by notice given at any time. requite subsequent notices to be given to another person or -9~ entity. whether a party or an officer or representative of a party. or to a different address. oE both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3. DEVELOPMENT OF THE PROPERTY. 3.1 Riohts to Develop. Subject to the terms of this Agreement including the Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance with. and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as othez~fise provided in this Agreement, 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 the Development Plan. 3.2 Effect of Aoreement on Land Use Reaulations. Except as otherwise provided under the terms of this Agreement including the Reservations of Authority, the rules. regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Properrye the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations. In connection with any SUbsequent Development Approval, COUNTY shall exercise its discretion in accordance with the Development Plan. and as provided by this Agreement including, but not limited to, the Reservations of Authority. COUNTY shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters. 3.3 Timinn of Develonment. 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. City of Camarillo (1984} 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in · later adopted initiative restricting the timing of development te prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Plan or the Phasing Plan set forth in Section 3.4. -10- 3.4 PhasinQ Plan. Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan. 3.5 Chinass and Amendments. The parties acknowledge that refinement and ~urther development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event OWNER iinds that a change in the Existing Development Approvals is necessary or appropriate. eMBER shall apply Yet a Subsequent Development Approval to e[~ectuate such change and COUNTY shall process and act on such application in accordanne with the Existing Land Use Regulations. except as otherwise provided by this Agreement including the Reservations o~ Authority. If approved. any such change in the Existing Development Approvals shall be incorporated herein as an addendum to =xhibit 'C". and may be further changed from time re time as provided in this Section. Unless otherwise required by law. as determined in COUNTY'S reasonable discretion. a change to the Existing Development Approvals shall be deemed "minor" and nor require an amendment to this Agreement provided such change does not: (a) Alter .the permitted uses el the Property as a whole: or. (b) Increase the density or intensity of use of the Property as a whole: or. (c) Increase the maximum height and size of permitted buildings: or, (d) Delete a requirement ~or the reservation or dedication of land for public purposes within the Property 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. 3.6 Reservations of Authority. 3.6.1 Limitations. Reservations and Exceptions. Notwithstanding any other provision o[ this Aqreeaent. the ~ollowinq Subsequent Land Use Regulations shall apply to the development of the Property. (a) Processing ~ees and charges o~ every kind and nature imposed by COUNTY to cover the estimated actual costs to COUNTY of processing applications ~or Development Approvals or for monitoring compliance with any Development Approvals granted or issued. -11~ (b) Procedural regulations relating to hearing bodies. petitions. applications. notices. findings, records, hearings, reports, recommendations. appeals and any other matter of procedure. (c) Regulations governing construction standards and specifications including. without limitation. the County's Building Code. Plumbing Code. Mechanical Code. Electrical Code, Fire Code and Grading Code. (d) Regulations imposing Development Exactions: provided. however. that no such subseguently adopted Development Exaction shall be applicable to development of the Property unless such Developmen~ ExacUion is applied uniformly to development. either throughout the COUNTY or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Proper=y would physically prevent development of the Property for she uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes. in whole or in part. as the fees set forth in Section 4 of ~his Agreement. COUNTY shall allow a credi= against such subsequently adop=edDevelopment Exaction for the fees paid under Section 4 of this Agreemen= to the exten~ such fees fulfill ~he same purposes. (e) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect ~he public health and safety. To the extent possible. any such regulations shall be applied and construed so as to provide 0MNER with the righ~s and assurances provided under ~his Agreement. {f) Regulations which are not in 'conflict with ~he Development Plan. Any regulation, whether adopted by initia~ive or otherwise. limiting ~he rate or timing of developuen~ of the Property shall be deemed'to conflic~ wi~h ~heDevelopment Plan and shall therefore not be applicable to ~hs developmen~ of ~he P~operty. (g) Regulations which are in conflict with the Development Plan provided OilHER has given written consent co the applicacion of such regulations to development of the Property. 3.6.2' SubseQuent Development Approvals. This Agreement shall not prevent COUNTY, in acting on Subsequent Development Approvals. from applying Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent COUNTY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use RegulatiOns or any Subsequent Land Use Regulation not in conflict with the Development Plan. 3.6.3 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 iorce and e~fect to the extent it is not inconsistent With such la~s or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.6.4 Intent. The parties acknowledge and agree that COUNTY is restricted in its authority to limit its police power by contract and that the foregoing limitations. reservations and exceptions are intended to reserve to COUNTY all of its police power which cannot be so limited. This Aqreement shall be construed. contrary to its stated terms if necessary, to reserve to COUNTY all such power and authority which cannot be restricted by contract. 3.7 PUblic Works. If OWNER is required by this Agreement to construct any public works facilities which will be dedicated to COUNTY or any other public agency upon completion. and i~ required by applicable laws to do so. OWNER shall perform such work in the same manner and subject to the same requirements as Would be applicable to COUNTY or such other public aqency should it have undertaken such construction. 3.8 Provision of Real Property Interests by COUNTY. In any instance where OWNER is required to construct any public improvement on land not owned by O~ER, O~NER shall at its sole cost and expense provide or cause to be provided, the real property interests necessary for the construction o~ such public improvements. In the event OWNER is unable, a~ter exercising reasonable efforts, including, but not limited to, the riqhts under Sections lO01 and 1002 of the Civil Code, to acquire the real property interests necessary for the construction of such public improvements, and i~ so instructed by OWlq~R and upon OWNER'S p&ovision oZ adequate security ~or costs ~ say reasonably in~E, ~ shall negotiate the purchase o~ the necessary real ~Eope~ty interests to alleges to construct the public improvements as required by this X~reement and, i~ -13- necessary. in accordance with the procedures established by law. use its power of eminent domain to acquire such required real property interests. OWNERshall pay all costs associated with such acquisition or condemnation proceedings. This section 3.8 is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER. except to the extent that the GMNER elects to proceed with the development of the Project. and then only in accordance with valid conditions imposed by the COUNTY upon the development ofthe Project under the SubdivisionMap Act or other legal authority. 3.9 Reoulation bY Other Public Aaencies. It is acknowledged by the parties that other public agencies nor within the control of COUNTY possess authority to regulate aspects of the development of the Property separately from or Jointly with COUNTY and this Agreement does not limit the authority of such other public agencies. For example. pursuant to Government Code Section 66477 and Section 10.35 of Riverside County Ordinance No. 460. another local public agency may provide local park and recreation services and facilities and in that event. it is permitted. and therefore shall be permitted by the parties. to participate jointly with COUNTY to determine the location of land to be dedicated or in lieu fees to be paid for local park purposes. provided that COUNTY shall exercise its authority subject to the terms of this Agreement. 3.10 Tentative Tract MaD Extension. Notwithstanding the provisions of Section 66452.6 of the Government Code. no tentative subdivision map or tentative parcel map, heretofore or hereafter approved in connection with development of the Property. shall be granted an extension of time except in accordance with the Existing Land Use Regulations. 3.11 Vestin~ 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 SubdivisionMap Act (Government Code Section 66410. e~eq.) and Riverside County Ordinance No. 460 and if this Agreement is determined by a final Judgment to be invalid or unenforceable insolaf as it grants a vested right to develop to OWNER. then and to that extent the rights and protections afforded OWNER under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as met 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. 4. PUBLIC BENEFITS. 4.1 Intent. The parties acknowledge and agree that development oZ the Property will result in substantial public -14- needs which will not be fully net by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OJeNER 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 C~JNER byproviding more fully for the satisfaction of the public needs resulting from the Project. 4.2 Public Facilities and Services MitiQation Fee. 4.2.1 ~mount and Commonants of Fee. OWNER shall pay Co COUNTY a public facilities and services mitigation fee in the Coral amount of 24277.00 for each residential unit constructed on the Property, which fee shall be comprised of the following components: (a) Public Facilities Fee $1891 per Residential Unit (b) Regional ParKland Fee 2350.00 per Residential Unit with 250.00 allocated for recreational trails (c) Habitat Conserwacion and Open Space Land Bank Fee $260.00 per Residential Unit (d) Public Services Offset Fee 21776.00 per Residential Unit The amount of the public facilities and services mitigation fee shall be adjusted annually as provided in Subsection 4.2.4. 4.2.2 Time of ~arment, The fees required pursuant to Subsection 4.2.1 shall be paid to COUNTY prior to the issuance of building permits for each residential unit. N~ ~ess shall be payable for building permits issued prior to the Effective Date of this Agreement° but the fees required pursuant to Subsection 4.2.1 shall be paid prior Co the re-issuance or extension of any building peraft foe a residential unit foe which such fees have not previously been paid. 4,2.3 Reduction fo~ Low-Occupancy Residential Units. The fees requirod~ursuant to Subsection 4.2.1 shall'be reduced by 33.3 percent for low~occupancy residential units. For ~he purposes of this Subsection. low-occupancy residential n~ite shall be limited to the following: (a) One bedroom and studio apartments (family rooms, dens, and any similar room shall be considered to be~edrooms): (b) Mobilehomes: (c) Residential units in developments that are legally restricted to occupancy by senior citizens pursuant to Riverside County Ordinance No. 348 or state law. 4.2.4 Annual Fee Ad%ustment. The £ees required pursuant to Subsection 4.2.1 shall be adjusted annually during the term of this Agreement on the anniversary of the Effective Date in accordance with the changes in the Consumer Price Index ~or All Urban Consumers in the Los Angeles-Xneheim-Riverside Area (hereins=tar CPI) published monthly by the U.S. Bureau of Labor Statistics. The annual adjustment shall be calculated in the following manner: (a) Divide the CPI for month and year of the Effective Date into the CPI for the month leasedlately preceding the anniversary in which said fees are to. be adjusted. (b) Multiply the quotient obtained by the calculation in Paragraph (a) above times said fees. (c) The result of the multiplication obtained in Paragraph (b) above shall constitu~e the fees payable during the succeeding year. If the C~I specified herein is discontinued or revised durin~ the term of this Agreement. such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as' would have been obtained if the CPI had not been discontinued. In no event shall the fees be less than the fees set forth in Subsection 4.2.1. 4.2.5 Credits. OWNER shall be entitled to credit against the fees required pursuant to.Subsection 4.2.1 for the dedication improvements or the pa~ent forth in Exhibit To the extent ~hat Subsection 4.2.4 results in an increase in the fees payable pursuant ~o 4.2.1(a). then Che credit provided in Chis Subsection for Public Facilities as specified in Exhibic 'E' shall be likewise increased by Che same percentage. ~o increase in the credits set ~orth in Exhibit "E" shall be allowed for any item~hich is not speci~ically identified as a Public Facility Credi~ on Exhibi~ WE". 4.3 Continuation o~ Fees. Should ell or any portion of Property become part of a city or another county. the ~ees b · payable pursuant to Section 4.2 shall tenin and still be paya 1 COUNTY on the following basis: -16- (a) Fees under 4.2.1(a) shall be payable at the rate of five and three conchs percent (5.3%) thereof to COUNTY and the remainder to such city or other county. (b) Fees payable under Subsections 4.2.1(b) and shall be fully payable to COUNTY. (c) Fees under Subsection 4.2.1(d) shall be payable st the rate of one-third (1/3) thereof to such city or other county and the remainder to COUNTY. FINANCING OF PUBLIC IMPROVEMENTS. l~ deemed appropriate, COUNTY and OWNER will cooperate in the ~eraation of any special assessment district, community ~acilities district or alternate Ztnancing mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities required as part of the Development Plan. COUNTY also agrees that, to the extent any such district or other Zinancing entity is formed and sells bonds in order to finance such reimbursements° OWNER may be reimbursed to the extant that OMNER spends fundsor dedicates land for the establishment of public Zacilities. Notwithstanding the ~oregoing, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring COUNTY or the COUNTY Board of Supervisors to form any such district or to issue and sell bonds. REVIEW FOR COMPLIANCE. 6.1 Periodic Review. The Planning Director shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by OMNER with the terms of the Agreement. OWNER shall submit an Annual Monitoring Report, in a Zorn acceptable to the Planning Director, within 30 days after written notice from the Planning Director. The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration o~ the Agreement during the succeeding year. The amount of the annual review and administration Zoo shall be set annually by resolution of the Board of Supervisors. 6.2 Snecial Review. The Board of Supervisors may order · special review of compliance with this Agreement at any time. The Planning Director shall conduct such special reviews. 6.3 Procedure. (a) 3)ucing e~ther a periodic review or a special review, COOHER shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proo£ on this issue shall be on O M NEe. -17- (b) Upon completion of a periodic revie~ or a special review, the Planning Director shall submit a report to the Board of Supervisors setting forth the evidence concerning good faith compliance by O~NER ~ith the terms of this Agreement and his recommended finding on that issue. (c) If the Board finds on the basis of substantial evidence that OWNER has complied in good ~aith with the terus and conditions of this Agreement, the revie~ shall be concluded. (d) Ii the Board makes a preliminary finding that OWNER has not complied in good ~aith with the terms and conditions of this Agreement, the Board may modify or terminate this Agreeuent as provided in Section 6.4 and Section 6.S. Notice o~ default as provided under Section 8.4 o~ this Agreement shall be given to O~NER prior to or concurrent with. proceedings under Section 6.4 and Section 6.~. 6.4 Proceedinns Uoon Nodification or Termination. If. upon a linding under Section 6.3. COUNTY determinas to proceed with modification or termination of this Agreement, COUNTY shall give written notice to OWNER o~ its intention so to do. The notice shall be given at least ten calendar days prior to the scheduled hearing and shall contain: (a) The time and place oi the hearing: (b) A statement as to vhether or not COUNTY proposes to terminate or to modify the Agreement: and, ~c) Such other in~ormation as is reasonably necessary to inform OWNER of the nature of the proceeding. 6.5 Hearin~ on ~odification or Termination.- At the time and place set ior the hearing on moditication or termination, OWNER shall be given an opportunity to be heard. OWNER shall be required to demonstrate good faith compliance ~ith the ~erms and conditions o~ this Agreement. The burden of on this issue shall be on ONNER. I~ the Board o~ Supervisors finds, based upon substantial evidence, that O~e~FER has not complied in good faith ~ith the terms or conditions of the Agreement° the Board may terminate this ~greeuent or modify this Agreement and impose such conditions as ate reasonably necessary to protect the interests o~ the County. The decision oZ the Board of Supervisors snail be final, subject only to Judicial ~eview pursuant to Section 1094.5 of the Code of Civil Procedure. ~.6 Certificate of AQreement ComPliance. If, at the conclusion Of a Periodic or ~pecial Reviev, OMNER is ~ound to be in compliance with this Agreement, COUNTY shall, upon request by OWNER, issue a Certificate of Agreement Compliance ('Certi~icace') co OWHER stating that after the most recent -18- Periodic or Special Review and based upon the information known or made known to the Planning Director and Board of Supervisors that (1) this Agreement remains in effect and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance. shall state whether the Certi£icate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. OWNER may record the Certificate with the County Recorder. Whether or not the Certificate is relied upon by assignees or other tEansferees or OWNER, COUNTY shall not be bound by a Certificate if a defaultexisted at the time of the Periodic or Special Review. but was concealed from OE otherwise not known to the Planning Director or Board of Supervisors. 7. INCORPORATION AND ANNEXATION. 7.1 Intent. If all or any portion of the Property is annexed to or otherwise becomes a part of a city or another county. it is the intent of the parties that this Agreement shall survive and be binding upon such other jurisdiction. 7.2 Incomeration. If at any time during the term of ~his Agreement. a city is incorporated comprising all or any portion of the Property. the validity and effect of this Agreement shall be governed by Section 65865.3 of the Government Code. 7.3 Annexation, OWNER and COUNTY shall oppose. in accordance with the procedures provided by law. the annexation to' any city of all or any portion of the Property unless both OWNER and COUNTY give written consent to such annexation. 8. DEFAULT M{D REMEDIES. 8.1 Remedies in General. It is acknowledged by the parties that COUNTY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In general. each o[ the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement. except that COUNTY shall not be liable in damages to OWNER. or to any successor in interest of OWNER. or to any other person. and OWNER covenants not to sue for damages or claim any damages: (a) For any breach of this Agreement or for any cause of action which arises out of this Agreement: or -19- (b~ Per the taking. impairment o~ rsstrictio~ o~ any right or interest conveyed or provided unde~ or pursuant to this Agreement; or (c) Arising out of or connected with any dispute. controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. 8.2 Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non-monetary relief are particularly appropriate remedies for the enforcement of this a~reement end should be availabls to all parties for the lollowing reasons: (a) Money damages are unavailable against COUNTY as provided in Section 8.1 above. (b) Due to the size, nature and scope of the project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had ~o utilize the Property or portions thereof. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sun of money which would adequately compensate OWNER for such efforts. 8.~ Release. Except for nondamage remedies, including the remedy .of specific performance and judicial review as provided for in Section 6.~, OWNER, Zor itself, its successors end assignees, hereby releases the COUNTY, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability. known or unknown, present or ~utureo including, but not limited to, any claim or liabili~y, based or asserted, pursuant to Article I, Section 19 o~ the CaliZornia Constitution, the Fifth Amendment of the U~ited States Constitution, or any other lay or ordinance which seeks to impose any other liability or dangee whatsoever, upon the COUNTY because it entered into this Agreement or because of the tern of this AgEcement. 8.4 Termination or Modt~ication of Aoreement ~or Default o~ OWt~a. Subject to ~ne provisions contained in Subsection 6,~ netaim, COUNTY may ~erminate or aodi~y this agreement ~or any failure o~ Ob'NER ~o perform any material duty or obligation of OWNER under this AVreement, or to comply in good · aitn with the terms o~ this Agreement (hereinafter referred Co as 'default-): provided, however, COUNTY may terminate or modify -20~ this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured Within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 8.S Termination o~ Aureement for Default o~ COUNTY. GMNER may terminate this Agreement only in the event o[ a default by COUNTY in the performance of a material term of this Agreement and only after providing written notice to COUNTY of default setting forth the nature of the default and the actions, if any. required by COUNTY to Cure such default and, where the default can be cured, COUNTY has tailed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time. has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 9. THIRD PARTY LITIGATION. 9.1 General Plan LitiQation. country has determined chat this Agreement is consistent with its Comprehensive General Plan. herein called General Plan, and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with COUNTY,S determination. The parties acknowledge that: (a) Litigation is now pending challenging the legality, validity and adequacy of certain provisions of the General Plan: and. (b) In the ~uture there may be ocher similar challenges to the General Plan; and, (c) lr successful, such challenges could delay or prevent the performance of this Agreement and the development o= the Property. COUNTY shall have no liability in damages under this Agreement for any Zailure of COUNTY to perform under this Agreement or the inability o~ OWNER to develop the Property as contemplated by the Development Plan o~ this Agreement as the result el a Judicial determination that on the E~fective Date. or at any time thereafter, the General Plan, or portions thereof. are invalid or inadequate or not in compliance with law. -21- 9.2 Third Party LitiQation Concernina Aareement. OWNER shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless COUNTY, its agents, officers and employees from any claim, action or proceeding against COUNTY, its agents, o~ficers, 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. COUNTY shall promptly notify OWNER of any such claim, action or proceeding, and COUNTY shall cooperate in the defense. .If COUNTY fails to promptly notify OWNER of any such claim, action or proceeding, or if COUNTY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless COUNTY. COUNTY may in its discretion participate in the defense of any such claim, action or proceeding. 9.3 lndemnitv. In addition to the provisions of above, OWNER shall indemnify and hold COUNTY, its agents, employees end independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of OelNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (O~NER°s employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct o~ COUNTY. OWNER shall defend, at its expense, including atturneys' fees, COUNTY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. COUNTY may in its discretion participate in the defense of any such legal action. 9.4 Environment Assurances. OWNER shall indemnify and hold COUNTY. 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 or ~n environmental conditions on, under or about the Property, including, but not limited to, soil and gEound~ater conditions, and OWNER shall defend, at its expense, including attorneys' ~meso COUNTY, its o~ficers° agents and employees in any action based or asse~ted upon any such alleged act or omission. COUNTY may in its discretion participate in the defense o[ an~ such action. 9.5 Reservation of Riah~s. With respect to Sections 9.2, ~.3 and 9.4 herein. COUNTY reserves the Eight to either approve the attorney(s) which OWNER selects, hires Or otherwise engages to de[end COUNTY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided. however, thmtCeNER shall reimburse COUNTY forthwith for any and -22- all reasonable expenses incurred for such defense. including attorneys' fees. upon billing and accounting therefor. e6 through 9.6, Agreement. Survival. The provisions of this Sections 9.1 inclusive. shall survive the termination of this 10. MORTGAGZ~ PaOTZCTIO~. 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 finaneing with respect to the Property, COUNTY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request. from time to time. to meet viibOwMEn and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. COUNTY 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. 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 COUNTY in the manner specified herein for giving notices. shall be entitled to receive written notification from COt~qTY of any default by OWNER in the performance of OWNER'S obligations under this Agreement. (c) If COUNTY timely receives a request from a Mortgagee requesting a copy of any notice of default given to O%~qEa under the terms of this Agreement. COUNTY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OMNER. 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) A~_y Mortgagee who comes into possession of the Property, or any part thereof. pursuant to foreclosure of the mortgage or ~eed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subJec~ to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no -23- Mortgagee shall have an obligation or'duty under this Agreement to perform any of O~U~ZR's obligations or other affirmative covenants of O~qER hereunder, or to guarantee such performance: provided, hovevet, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by COUNTY , the performance thereof shall continue to be a condition precedent to COUNTY,2 performance hereundero and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement. 11. MISCELLANEOUS PROVISIONS. ll.1 Recordation of Aa=eement. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the Clerk of the Board Supervisors within the period required by Section 65868.S of the Govecnment Code. 11.2 Entire Aareement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 11.3 Severability. If any term, provision, covenant or condi~ion of ~his Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby ~o the extent such remaining provisions are not rendered impractical ~o perform taking into consideration the purposes of this Agreement, Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Xgreemenc, including the pa~aent of the fees set forth therein, are essential elements ot this Agreement and COUNTY would not have entered into this Agreement but for such provisions, and · herefore in the event such provisions are determined to be invalid, void or unenforceable, this enti~e Agreement shall be null and void and of no force and effect whatsoever. IX.4 ln~ernretation and Governina Lav. This Agreement end any dispute arising hereunde~ shall be governed and interpreted in accordance with the laws of the SCats of Calt~oEnia. This AgEcement shall be constEued as a whole according ~o its faiE language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of cons~ruc~ion to the effect Chat ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and pEeparation hereof. -24- 11.5 Section Headinns. All section headings and subheadings ere inserted for convenience only and shall not affect any censtruction or interpretation of this Agreement. 11.6 StnQular and Plural. As used herein. the singular of any word-includes the plural. 11.7 Joint and Several Obligations. If at any time during the Term of this Agreement the Property is owned. in whole or in part. by more than one OWNER. all obligations of such (FdNERS under this Agreement shall be joint and several. and the default of any suchO%/NER shall be the default of all such OetQZBS. No~3withstanding the foregoing, no OWNER of a single lot which has been finally subdivided and sold to such OWNER as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof. 11.8 Time o~ Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an alemeat. 11.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other pert[, or the failure by a party to exercise its rights upon the default of the other party, shall not constitutea waiver of such party's right to insist and demand strict compliance b~ the other party with the terms of this Agreement thereafter. 11.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any riglit of action based upon any provision of this Agreement. 11.11 ForcaMe%sure. Neither party shall be'deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods. earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the partyts control, (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions). or other causes beyond the perty's control. If any such events shall occur. the term of this Agreement and the tire for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 11.12 Mutual Covenants. The covenants contained herein are matual ~oveuants and also constitute conditions to the ~oncurrent or subsequent performance by the party bensliCed thereby of the covenants to be performed hereunder by such banefired party, ll.13 Successors in Interest. The burdens of this l~greement shall be binding Upon. and the benefits of this Agreement shall inure to, all successors in interest tothe parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder With regard to development of the Property: (a) is ~or the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof: and. (c) is binding upon each party and each successor in interest during o~nership o~ the Property or any portion thereof. ~ Counternarts. This Xgreement may be executed by the parties in counterparts. ~hich counterparts shell be construed together and have the same effect as if all of the parties had executed the same instrument. 11.15 Jurisdiction and Venus. Any action at law or in equity arising under this Agreement or brought by an party hereto ~or the purpose o~ enforcing, construing or determining the validity oi any provision of this Agreement shall be ~iled and tried in the Superior Court o~ the County of Riverside, State of California, and the parties hereto waive all provisions of law providing £orthe liling, removal or change of venus to any other court. 11.16 Pro~ect as a Private Undertaking. It is specilically understood and agreed by and between the parties hereto that the development of the Project is a private development. that neither party is acting as the agent of the other in any respect hereunder. and that each party is an independent contracting entity with respect to the terms. covenants and conditions contained in this Agreement. No partnership, Joint venture or other association of any kind is formed by this Agreement. The only relationship between COUNTY and OWNER is that of a government entity regulating the development of private property and the owner of such property. 11.17 Further Actions and Instruments. Each of the parties shall cooperate With and provide reasonable assistance to =he other =o the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request o~ either party at any time, the other party shall promptly execute, with acknovledgement or af[idavit if reasonably required, and tile or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to ZulZill the provisions nf this Agreement or to evidence or consummate the transactions contemplated by this Agreement. ~1.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by COUNTy its power oZ eminent domain. 11.19 A~ent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or Joint venturer resident of the State of California, or it is ~ ~oreign corporation, then in any such event, OWNER shall file With the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose o~ service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER, If for any reason service of such process upon such agent is not feasible, then in such event CieNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. 11.20 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he/they have the authority to execute this Agreement on behalf of his/their corporation, partnership or business entity and warrants and represents that he/they has/have the authority to bind OWNER to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below. COUNTY OF RIVERSIDE Dated: ATTEST: GEBALD A. MALONEY Clerk of the Board By Deputy (SF.M.,) By Chairman. Board o[ Supervisors ,L.ZT ; .~-88 -27- Dated: KAISER DEVELOPMENT COMPANY. a California co~pora~ion Its: Its: (AlL 5XGNA.TUR~S SHALL BE ACKNOWI,Eq)GED BEPORE A NOTARY PUBLIC. EXXCUTION ON BEHAIJ' OF ANY CORPO~kTION SHALL B'~ BY "tWO CORPORATE OFFICERS. ) -28- Development No. 4 EXHIBIT A Page i LEGAL DESCRIPTZON VAZL MEAD(X/S BOUNDARY That certain 'parcel of land tn the untncorporated territory of the County of Riverside, State of California, lytn9 partly within the Rancho Temecula granted by the Government of the United States of America to Luts Vtgnes by patent dated January 18, 1860 and recorded tn Book 1, Page 45 of Patents in the Office of the County Recorder of San Diego County, California, and partly within the Rancho Pauba granted by the Government of the United States of America to Luts Vtgnes by patent dated January 19, 1860 and rotordad in Book 1, Page 45 of Patents in said Office of the San Diego County Recorder, end partly within Parcel Nap No. 16681 as shown on a map thereof filed In Book lO0, Pages 18 and ~9 of Parcel Naps tn the Office of the County Recorder of said Riverside County, described as follows: 8EGINNZNG at the centerline intersection of Margartta Road with Pauba Road as shown on Parcel Nap No. 6607 filed in Book 21, Pages 61 through 67 of Parcel Maps tn said Office of the Riverside County Recorder; thence along said center- line of Reuba Road as defined by documents recorded April 28, Z971 as Xnstrument No. 44142 of Offida1 Records, Parcel Nap No. 7155 filed tn Book 24, Page 72 of Parcel Naps and Parcel Nap No. 22514 filed tn Book 145, Pages 80 through 85 of Parcel Naps, all tn said Office of the Riverside County Recorder, through the following courses: North 55'21'56" East 226,46 feet to the beginning of a tan- gent curve concave southeasterly and having a radius of SOOO,O0 feet; thence along said curve northeasterly 300.10 feet through a central angle of 3'26'20"; thence tangent from said curve North 58'48'16" East 663.57 feet to the beginning of a tangent curve concave southeasterly and having e radius of 1200.00 feet; thence along said curve northeasterly 493,58 feet through a central angh of 23'34'00"; thence tangent from said curve North 82'22'16" East 489.16 feet to the beginning of I tangent curve concave northwesterly Ind having a radius of 160Q.O0 feet; thence along satd curve northeasterly 403.53 feet through a central angle of 14'27'0Z"; thence tangent from said curve North 67'55'15' East 1327.4~ feet to the beginning of a tangent curve concave northwesterly and hay- trig ·radtus of 30OO.OO feet; thence along satd curve northeasterly 1055.48 feet through e central angle of 20'09'29"; thence tangent from said curve North 47*45'45" East 261.98 feet to the beginning of a tangent curve concave southeasterly and having ·radtus of 3000,00 feet; thence along said curve ~ortheasterly 788.08 feet through a central angle of 15~03'04"; thence tangent from said curve North 62*48'4g" East 626.86 feet to the beginning of a tangent curve concave southeasterly and having i radius of ~208.08 feet~ thence along said curve northeasterly 396.42 feet through a central angle of ~8'55'40"; thence tangent from said curve North 81'44'30" East 679.16 feet to the beginning of a tangent curve concave northwesterly and having a radius of 1200.00 feet; EXHIBIT A EXHIBIT A Page 2 thence along said curve northeasterlyv 504.33 feet through a central angle of 24'04'49"; thence tangent from said curve North S7'39'41" East 379.91 feet to the beginning of a tangent curve concave south.eat,fly and having a radius of 1200.00 feet~ thence along said curve northeasterly 304.01 feet through a central angle of 14'30'56" to the cent, tithe of Buttedfield Stage Road as shown on said Parcel IMp No. 22514; thence leaving said cent, flirt, of Pauba Road, along said cent, tithe of Butterfield Stage Road as deftned. b~v Tract No. 12005-1 filed in Book 121, Pages SO through S7 of IMps and said Parcel Nap No. 16681 filed in Book tOO, Pages 18 and 19 of Parcel Naps, both tn said Office of the Riverside County Recorder, through the following courses: South 4'25'05" East 1626.75 feet to the beginning of a tangent curve concave easterly and having a radius of 3000.00 feet; thence along said curve southerly 548.76 feet through a central angle of 10'28'50'; thence tangent from said curve South 14'53'55" East "1380.24 feet to the beginning of a tangent curve concave northeasterl~v and having a radius. of 1200.00 feet; thence along said curve southeasterl.v 895.83 feet through I central angle of 42°46'22"; thence tangent from said curve South 57°40'17' East 785.15 feet to the beginning of a tangent curve concave southvest, fly and having a radius of 1200.00 feet; thence along said curve southeasterly 727.42 feet through a central angle of 34'43'54"; thence tangent from said curve $outh 22'56'23" East 3021.56 feet to the southerly line of said Parcel Hap No. 16681; thence leaving said cent, tithe of htterfteld Stage Road, along said southerl~v line South 73'23'21" West 828.28 feet to the southeast corner of Parcel Pi4 per document recorded April 20, 1967 Is |nstrument No. 34389 of Official Records in said Office of the Riverside County Recorder; thence along the boundary line of said Parcel PH4 North 16"36'39" West 100.00 feet, South 73'23'21" West 100.00 feet and South 16'36'39" East 100.00 feet to said southerly line of Parcel Hap No. 16681; thence along said southerl~v line South 73'23'21" test 5321.5Z feet to an angle point therein; thence lion9 the boundary line of said Parcel IMp Re. 16681 through the following courses: North 61'46'07" Hast 49.38 feet; thence North 16'56'07" West 856.14.feet; thence North 73'03'54" East 261.70 feet; thence North 16'33'25" lest 491.54 feet to an angle point therein; thence leaving said boundar~v line, along the boundaryv line of Tract Re. 3752 filed tn Book 59. Pages 53 through 55 of Naps in said Office of the RIverside County Recorder. through the following courses: North 16*33'25" Hast 527.76 feet; thence South 73°03'54· West 268.42 feet; thence North 16*H'06" Nest 39.64 feet; thence South 73e03'54" West 55.00 feet to a point Be the cent,tithe of IMrgartta Road as shown on said Tract No. 3752, said point betng the beginning of I non-tangent curve concave soutlhesterly and having a radius of q.2O0.00 feet, a radial line of said curve from said point hears South 73*03'54" Meat; thence leavtng said boundary line of Tract Re. 3752. along said cent,tithe of IMrgartta Road as defined by Tract No. 9833-3 filed in Book 120. Pages 86 through 91 of Raps and said Parcel Nap Re. 6607 filed tn Book 21, Pages 61 through 67 of Parcel IMps, both In said Office of the Riverside County Recorder, through the following courses: aloog said curve northwesterly 1145.56 feet through a central angle of 54Q41'46"; thence tangent from said curve North 71,37'53" tiest 660.70 feet to the beginning cf a tangent curve concave northeasterl~v and having % radius of 1200.00 feet; thence along said curve northwesterly 1270.94 feet through a central angle of 60Q40'58"; thence tangent from slid curve North 10"56'54" Hast 566.77 feet to the beginning of a EXHIBIT A Page 3 tangent curve concave westerly and having a radius of 2000.00 feet; thence along said curve northerly 606.30 feet through a central angle of 17~22'10"; thence tangent from said curve North 28'19'04' Nest 829.67 feet to the beginning of · tangent curve concave southwesterly and having a radius of 1200.00 feet; thence ·long s·td curve northwesterly 572.64 feet through · central angle of 27°20'29"; thence tamgent from said curve North 55*39'34" West 417,66 feet to the beginning of a tangent curve concave northeasterly and having a radius of 2000.00 feet; thence a ong said curve northwesterly 174.46 feet through a central angle of 4'59'52" to the POINT OF BEGiNNiNG. ~ot 25 of Tract No. 3752, in the Coun~ of Riverside, State of r-l{fornia, as per map filed in ~ 59, Pages 53 tD 55 of Ma~s, records of Riw_rside County Exc~cing t~ref=ma eat Ix=tim cornrayed t~ the Tam~,~- Union School District per deed ~=a !hymnher 12, 1987 as Instrure~t No. 324399. EXBIBIT B Development l~greement No. 4 EXHIBIT C 'a'XISTING DE'VELOPI~'NT I~PPROVALS SPECIFIC PLAN Speci[tc Plan No. 219, ZONING 1. Ordinance No. 348.2919 (Zone Change No. ~140) The development approvals listed above include the approved maps and all conditions o~ approval. COPIES OF Tm~--EXISTING DEVELOPNENT/~PPROVALS LISTED BOlE ON FILZ IN TeE RIVERSIDE COUNTY PIJ~NNING DEPI~.RTBENT N~D ~RE INCORPOBItTEDHEREIN BY BEFZRENCE. Development Agreemenu No. 4 EXHIBIT 'D' EXISTING LAND USE REGULATIONS Riverside County Comprehensive General Plan as amended through Reaolu~ion No. 88-485. 2. Ordinance No. 340. Ordinance No. 348 as amended through Ordinance No. 348.2857. Ordinance No. 448 as amended uhrough Ordinance No, 448.a. 5. Ordinance No. 458 as amended through Ordinance No. 458.8. Ordinance No. 460 as amended through Ordinance No. 460.92. Ordinance No, 461 as amended ~hrough Ordinance No. 461.6. Ordinance N0.509 as amended ~hrough Ordinance No. 509.2. Ordinance No. 546 as amended through Ordinance No. 546.7a. Ordinance No. 547 as amended through OrdinanCe No. 547.5. Ordinance No. 555 as amended through Ordinance No. 555.15. Ordinance No, 617 as amended through Ordinance No. 617.1. 13. Ordinance No. 650. Resolution No, 87-525 Establishing Procedures and Requirements for ~he Consideration o~ Development Agreements. as amended by Resolution No. 88~39 and Resolucion No. 88-119. COPIES OF THE EXISTING LAND USE RGULJtTIONS LISTED ABOVE ON FILE IN THE RIVERSIDE COUNTY PLANNING DEPMITNENT AND ARE INCORPORATED HEREIN BY REFERENCE. Development Agreement No. EXHIBIT E FEE CREDITS None. ATTACHMENT NO. 11 SPECIFIC PLAN NO. 219, AMENDMENT NO. 3 137 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 (Space Above Line For Recorder's Use) AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT PALOMA DEL SOL 11-11-92 F:XlX)C\I52%92O)OO12.10G TABLE OF CONTENTS 2. 3. 4. 5. 7. 8. 9. 10. 11. 12. 12.6 12.7 Definitions .................................................. Interest of Owner .............................................. Exhibits .................................................... Assignment .................................................. 5.1 Right to Assign ........................................... 5.2 Release of Transferring Owner ................................. 5.3 Termination of Agreemere with Respect to Individual Lots upon Sale to Public and Completion of Construction ................................... 5.4 Subsequent Assignment ...................................... Mortgagee Protection ........................................... Binding Effect of Agreement ....................................... Relationship of Parties .......................................... Changes in Project .......................................... ; .. Timing of Development .......................................... Indemnity and Cost of Litigation .................................... 11.1 Hold Harmless ........................................... 11.2 County Litigation Concerning Agreement ........................... 11.3 Public Facilities Fees Shortfall ................................. 11.4 County Prevails in Litigation - Severability .......................... 11.5 Third Party Litigation Concerning Agreement ........................ 11.6 Third Party Litigation Concerning the General Plan .................... 11.7 Environmental Assurances .................................... Public 12.1 12.2 12.3 12.4 12.5 Benefits, Public Improvements and Facilities ......................... Intent ................................................. Public Facilities Fee (Non-Residential) ............................ Public Facilities Fee (Residential) ............................... Public Facilities Fee Credit ................................... Parks, Greenbelts and Paseos .................................. Main Recreation Areas .......................................... Remaining Open Space Areas ...................................... 6 9 9 9 10 10 11 11 12 12 14 14 14 14 15 15 15 16 16 16 17 17 18 18 18 18 19 19 2O 22 11-11-92 12221-0(0)0 12.8 12.9 12.10 12.11 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Timing of Park Improvements and Transfer to City ......................... Landscape Development Zones ..................................... Park Improvement Fee Credits ..................................... Park Fee Obligation ............................................ 12.12 Park Improvements ........................................ 12.13 Conflict with Timing of Improvements ............................ Reservations of Authority ......................................... 13.1 Limitations, Reservations, and Exceptions .......................... 13.2 Subsequent Development Approvals .............................. 13.3 Modification or Suspension by State or Federal Law .................... 13.4 Regulation by Other Public Agencies ............................. 13.5 Tentative Tract Map Extension ................................. 13.6 Vesting Tentative Maps ...................................... Development of the Property ...................................... 14.1 Rights to Develop ......................................... 14.2 Effect of Agreement on Land Use Regulations ....................... 14.3 Changes and Amendments .................................... Periodic Review of Compliance with Agreement .......................... Financing District .............................................. Amendment or Cancellation of Agreement .............................. Enforcement ................................................. Events of Default .............................................. Procedure Upon Default ......................................... Damages Upon Termination ....................................... Attorneys' Fees and Costs ........................................ Notices .................................................... Cooperation ................................................. Rules of Construction and Miscellaneous Terms ........................... Counterparts ................................................. 22 26 27 27 28 28 28 28 29 30 30 30 30 31 31 31 32 33 33 33 33 34 34 34 35 35 35 36 36 11-11-92 127.21-0006~, F:~OC\152\920k30012,10G EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXlilBITS EXISTING DEVELOPMENT APPROVALS EXISTING LAND USE REGULATIONS I .F. GAL DESCRIPTION AGREEMENT FOR PAYMENT OF NON-RESIDENTIAL PUBLIC FACILITIES FEES MAP OF PARKS, PASEOS, ETC. 11-11'92 1~21-(XX)64 F:'%IX3C\152\~12.10G AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA and BEDFORD DEVELOPMENT COMPANY AND MESA HOMES (Paloma del Sol) This Amendment and Restatement of Development Agreement ("Agreement") is entered into to be effective on the date it is recorded with the Riverside Cotmty Recorder (the "Effective Date") by and among the City of Temecula, a California municipal corporation ("City") and the persons and entities listed below ("Owner"): Bedford Development Company, a California corporation and Mesa Homes, a California corporation RECITALS A. Pursuant to California Government Code Section 65864, et seq. ("Development Agreement Statutes"), Owner's predecessor in interest, Kaiser Development Company and the County of Riverside ("County") entered into Development Agreement No. 4 recorded in the Official Records of Riverside County on November 7, 1988, as Instrument No. 325513 ("Development Agreement"). B. The Development Agreement encompasses a project formerly located within County approved Specific Plan No. 219 known as "Paloma del Sol", a mixed use subdivision (the "Project") to be developed on property owned by Owner which became a part of the municipal boundaries of the City when the City incorporated on December 1, 1989. 11~11-92 12221-006f~ F:%DCC'%,152\g20)~)12.10G C. Pursuant to the provisions of the Development Agreement Statutes, the City became the successor-in-interest to the County under the Development Agreement upon incorporation of the City. D. Pursuant to Section 65868 of the Development Agreement Statutes, the City and Owner propose to restate and amend the Development Agreement to substitute this Agreement for the Development Agreement. E. Pursuant and subject to the Development Agreement Statutes, the City's police powers and City Resolution No. 91-52, City is authorized to enter into binding agreements with persons having legal or equitable interest in real property located within the City's municipal boundaries or sphere of influence thereby establishing the conditions under which such property may be developed in the City. F. 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 exercise of certain governmental and proprietary powers of members of the City Council. Likewise, Owner shall bind its successors in interest to the obligations specified in this Agreement. G. The terms and conditions of this Agreement have undergone extensive review by the staff of the City, the Planning Commission of the City and the City Council of City and have been found to be fair, just and reasonable. H. 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. I. All of the procedures and requirements of the California Environmental Quality Act have been met with respect to this Agreement. J. City was incorporated on December 1, 1989. Pursuant to California Government Code Section 65360, the City has thirty (30) months following incorporation to prepare and adopt a 11-11-92 12221-0006~ F: %D0C%152~12, lOG 2 general plan. This 30-month period may be extended by approval of the California Office of Planning and Research COPR"). OPR has extended this period and authorized the City to enter into development agreements so long as the City Council makes the findings set forth in California Government Code Section 65360 ("Section 65360). During this 30-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 are met which findings the City Council of City have made. K. Riverside County Ordinance No. 659 establishes public facilities and services impact fees for residential development within City CRSA Fees"). City requires these revenues to mitigate the impact of development. City requires RSA Fees from development of the Property in order to complete capital projects to mitigate the impact of the development. L. The Development Agreement provided for public facilities and services impact fees ("County Impact Fees") higher than the RSA Fees. These higher fees, particularly during the present recession, unduly discourage and delay development and thereby prevent City from ever receiving the RSA Fees. Consequently, the City desires to reduce the County Impact Fees for residential development in the Project to a level comparable to the RSA Fees. M. Effective January 31, 1992, the City and Owner entered into a Memorandum Of Understanding CMOU") which, among other things, establishes the terms and conditions under which this Agreement would eliminate the County Impact Fees and replace it with a City Public Facilities Fee. N. Effective August 11, 1992, the City and Owner entered into a Restatement and Amendment of the MOU ("Amended MOU") to provide, among other things, that for a period of two years, Owner shall pay Interim Public Facilities Fees and dedicate to City certain park land and recreation facilities in order to satisfy Owner's Quimby Park Fee obligation. 11-11-92 F:%X)OC\lS2%92030012.10G O. Under the terms of the Amended MOU, Owner is obligated to pay a Public Facilities Fee for non-residential development CNon-Residential Public Facilities Fee") and enter into an agreement to pay said Non-Residential Public Facilities Fee in the event City has not adopted a Non-Residential Public Facilities Fee at the time Owner requests City to issue building permit(s) for commercial development in the Project. P. A dispute has arisen between the City and Owner over the amount of fees or land dedication for park or recreational purposes Owner is required to provide to City as allowed under Section 66477 of the California Government Code CQuimby Park Fees"). Q. On May 20, 1987, the County amended Ordinance No. 460 authorizing the imposition of Quimby Park Fees. Ordinance No. 460 required adoption of an implementation resolution designating a recipient of the Quimby Park Fees. On June 28, 1988, pursuant to Resolution No. 88-218, the County designated CSA 143 as the recipient of Quimby Park Fees subject to the adoption of a master plan. On June 27, 1989, pursuant to Resolution No. 89-331, the County adopted a master plan for CSA 143, establishing the Quimby Park Fees at three (3) acres per 1,000 new residents ("County Park Fee Standard"). R. Pursuant to Resolution No. 99-53, adopted on May 8, 1990, City has adopted Quimby Park Fees of five (5) acres of land for parks and recreational purposes, or payment of fees in lieu thereof, for every 1,000 people to reside in the proposed subdivision ("City Park Fee Standard"). S. The City interprets the Development Agreement to permit the imposition of increased Quimby Park Fees computed on the City Park Fee Standard and has required Owner to pay Quimby Park Fees based on the City Park Fee Standard as a condition of issuance of building permits for Paloma del Sol. Owner disagrees with this position and interprets the provisions of the Development Agreement to limit the City's authority to impose Quimby Park Fees based on the park 11-11-9'Z 1ZE1-OOQ66 F:XDOC\152\92630012.1QG 4 and open space requirements of the Specific Plan as approved by the County and incorporated into the Development Agreement. T. In order to avoid a legal challenge to the Quimby Park Fees and to prevent the running of any relevant statutes of limitation while attempts are being made to resolve this dispute, Owner and City have entered into a Standstill Agreement effective on April 9, 1991, as amended ("Standstill Agreement"). U. City and Owner acknowledge that development of Paloma del Sol will result in a generation of significant municipal revenue, public infrastructure facilities and the enhancement of the quality of life, including recreation facilities for present and future residents of the City. The benefits to the City and Owner contemplated by development of the Paloma del Sol Project include: (1) the opportunity for a high quality residential-commercial project creating significant job opportunities, sales tax and ad valorem tax revenues for the City; (2) payment of substantial impact fees to be used to solve City and regional traffic infrastructure demands; (3) a payment of public facilities fees; (4) participation in special assessment and/or community facilities districts to finance City and regional infrastructure improvements; (5) the creation of significant park, recreation and open space dedications for public use and the protection of significant natural resources. V. The City and Owner acknowledge that due to the present economic recession, none of these benefits to the City are possible unless the Paloma del Sol Project proceeds with development. The parties further acknowledge and agree that the present structure of fees and private recreation and open space requirements creates substantial impediments to development of the Paloma del Sol Project. 11-11-~ 1~221-000~ W. Without admitting or determining any rights or obligations as between City and Owner, each to the other, with respect to the amount of the Quimby Park Fees, and solely to avoid the potential expense and inconvenience of protracted litigation, and to balance the needs of the City to provide adequate parks and recreational facilities with the difficulty of land development in today's economy, City and Owner agree that in lieu of additional Quimby Park Fees, Owner will dedicate and develop parkland as described in this Agreement. X. 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 Eight Hundred Seventy-Five Dollars ($875.00), which includes the Eight Hundred Fifty Dollar ($850.00) fee required by Fish and Game Code Section 711.4(d)(3) 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 15094. 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). Payment of this fee shall satisfy the Owner's obligation to pay a similar fee required in connection with the approval of Amendment 3 to Specific Plan 219 applicable to the Project. Y. City Council of City has approved this Agreement by Ordinance No. adopted on , 1992, and effective on , 1992. On the Effective Date, the Development Agreement shall be terminated and of no further force and effect having been replaced by this Agreement. 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 and incorporated herein, the parties agree: 1. Definitions. In this Agreement, unless the context otherwise requires: 11-11-92 12221-0006& F:XIX)CX152%920(~iI~12,10G 6 City. 1.1 1.2 1.3 "Association" is the Paloma del Sol Association (HOA). "City" is the City of Temecula. "City Public Facility Fee" is an amount to be established by Ordinance of 1.4 "County" is the County of Riverside. 1.5 "County Public Facilities and Services Fee" means the County Development Agreement Fee as set forth in Section 4.2 of the Development Agreement. 1.6 "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. 1.7 "Development Plan" means the Existing Development Approvals defined in Section 1.8 below which are applicable to development of the Property. 1.8 "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 A which were approved by the County or the City. 1.9 "Financing District" means a community facilities district formed pursuant to the Mello-Roos Community Facilities District Act of 1982 (California Government Code Section 53311 et sea_., as amended), an assessment district formed pursuant to the Landscaping and Lighting Act of 1972 (California Streets and Highways Code Section 22500 et seq., as amended), a special assessment district formed pursuant to a Municipal Improvement Act of 1913 (California Streets and Highways Code Section 10102, as amended), or any other special assessment district existing pursuant 11-11-92 It'll-INN364 F:'%OOC\!52\92O)OOl~;.10G 7 to State law formed for the purposes of financing the cost of public improvements, facilities, services and/or public facilities fees within a specific geographical area of the City. 1.10 "Interim Public Facilities Fee" means an amount of Three Thousand Dollars ($3,000.00) per each residential unit developed in the Project. 1.11 "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 listed on Exhibit B 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: (a) The conduct of businesses, professions, and occupations; (b) Taxes and assessments; (c) The control and abatement of nuisances; (d) The granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (e) The exercise of the power of eminent domain. "Owner" means the person having a legal or equitable interest in the 1.12 Property; 1.13 "Passive Park Improvements" means park facilities, including picnic tables, tot lots, horseshoe playing areas and bar-b-ques. 1.14 "Project" is the development of the Property in accordance with the Development Plan. 1.15 "Property" is the real property described in Exhibit C. 1.16 "RSA Fee" means the amount of the public facilities fee established by County Ordinance No. 659. 1.17 "Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with development of the Property. 1.18 "Subsequent Land Use Regulation" means any Land Use Regulation adopted and effective after the Effective Date of this Agreement. 2. Interest of Owner. Owner represents that it has the fee title 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: Exhibit Designation A B C D E Term. Description Existing Development Approvals Existing Land Use Regulations Legal description of the Property Public Facilities Fee Agreement (Non-Residential) Map of Parks, Paseos, Slopes and Greenbelts 4.1 The term of this Agreement shall commence on the Effective Date and shall extend for a period of ten (10) 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. 11-11-V2 12221-1 F:'N, DlX:%152X92~(IOO12olOG 9 4.2 This Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a final judgement or issuance of a final order after exhaustion of any appeals directed against the City as a result of any lawsuit filed against the City to set aside, withdraw, or abrogate the approval by the City Council of City of this Agreement. 5. Assignment. 5.1 Right to Assign. The Owner shall have the right to sell, transfer, or assign the Property in whole or in pan (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 pan of the Properly. (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 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 11-11-92 12221-0006/, F:~OCX152\9213~12.101; :],0 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 shah 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 interest in all or any part of the Property except as a beneficiary under a deed of trust. (b) (c) The Owner is not then in default under this Agreement. 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. 5.3 Termination of Agreement with Respect to Individual Lots upon Sale to Public and Completion of Construction. The provisions of Subsection 5.1 shall not apply to the sale or lease (for a period longer than one year) of any lot which has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot 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: 11-11-92 1~221-00066 F:%DOC%,152\9'Z(IllX)12, lOG '1 (a) the lot has been finally subdivided and individually (and not in '~ulk") sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and (b) a Certificate of Occupancy has been issued for a building on a lot, and the fees set forth in this Agreement have been paid. 5.4 Subsequent Assignment. 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. Mortgagee 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. 11-11-92 12221-(X)06/, f::%[X)C\152\F203(X)12,10G '12 (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. (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 5.1 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. 11-11-92 1~221-(X306/, F: XD(3C\152%9203(3012, 10G 13 7. Binding Effect of Agreement. 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. 9. Changes in Project. No change, modification, revision or alteration of Existing Development Approvals may be made without the prior approval by those agencies of the City equivalent to the County agencies that approved the Existing Development Approvals in the first instance (if the County had granted the approvals) or by the same City agency that granted the Existing Development Approval, (if the City granted the approval in connection with the adoption of this Agreement). 10. Timing of Development. 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. City 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 exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Plan. 11-11-92 12221-0006& F:%DOC%152\r20:~O012.10~ ].4 11. Indemnity and Cost of Litigation. 11.1 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 dataages 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 for the Project and regardless of whether or not the insurance policies referred to herein are applicable. 11.2 County Litigation Concerning Agreement. In the event the County seeks to challenge the right of City and Owner to enter into this Agreement or to terminate the Development Agreement, and institutes an action, suit or proceeding to challenge this Agreement or invalidate and/or enjoin the enforcement of this Agreement or the amendment of the Development Agreement or take such other action(s) which result in unreasonable delays in the development of the Property, City and Owner agree to cooperate and participate in a joint defense in any action against the parties, their officers, agents and employees, from and against any and all such obligations, liability, suit, claim, loss, judgment or lien, resulting from such action(s) brought by County, (but excluding actions to expunge any lis pendens) and to share equally the costs associated with attorneys, fees, costs and damages (including the difference in the amount of any Interim Public Facilities Fees and the amount of the County Development Agreement Fee paid by Owner to City pursuant to the 11-11-92 12221-0006/, F:'%DOC'd52%92030012,10G '15 terms of this Agreement) that the parties may incur as a result of any such action or lawsuit to challenge City and/or Owner's legal authority to enter into this Agreement and/or terminate the Development Agreement. City and Owner shall mutually agree on legal counsel to be retained to defend any such action(s) brought by the County as herein provided. City and Owner each reserve the right to withdraw from the defense of the County litigation in the event the County prevails at the trial level and there is an appeal. 11.3 Public Facilities Fees Shortfall. In the event the County prevails in any legal action or other proceeding to challenge, set aside, or enjoin the enforcement of this Agreement and a trial court determines that Owner and/or the City is liable to make up any shortfall between the amount of the Interim Public Facility Fee or the City Public Facilities Fee, as the case may be, and the County Development Agreement Fee which would otherwise have been imposed pursuant to the Development Agreement, then City and Owner shall each share equally in paying said shortfall. 11.4 County Prevails in Litigation - Severability. In the event the County prevails at the trial court level against the City or the Owner as described in Section 11.2 of this Agreement, the amount of the Interim Public Facility Fee or the City Public Facilities Fee, as the case may be, shall revert to the amount of the County Development Agreement Fee in effect at the time of entry of the final judgment in favor of the County. In the event this Agreement is held to be invalid or unenforceable by a trial court of competent jurisdiction, the provisions set forth in Section 12.3(a), (b) and (c) of this Agreement shall no longer be enforceable and from the date of said final judgment or ruling of invalidity, Owner shall thereafter pay the County Development Agreement Fee as provided in Section 4.2 of the Development Agreement. All other provisions of this Agreement shall remain valid and enforceable notwithstanding said ruling of invalidity. 11.5 Third Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless City, its agents, officers and 11-11-,r~ IZZ~I-O0(O~ F:'~XlC%"I52%~20:IO012,106 16 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 brought by a third party other than the County. 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 such claim, action, or proceeding, or if City fails 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. 11.6 Third Par~ Litigation Concerning the General Plan. City is a newly incorporated city falling within the scope of Section 65360 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 the Recitals to 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 if such failure or inability is the result of a judicial determination that on the Effective Date, or at any time thereafter, the findings made under Section 65360 or the future General Plan, are invalidated or inadequate or not in compliance with law. 11.7 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 indultrial hygiene, solid or hazardous waste or to environmental conditions on, under or about the Property. Said violations shall include, but not limited to, soll and groundwater conditions, and Owner shall defend, at its expense, including attorneys fees, City, its 11-11-92 F:V)OC%152\~zO)OO12,10G 17 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. 12. Public Benefits. Public Improvements and Facilities. 12.1 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 development of the Project. 12.2 Public Facilities Fee (Non-Residential). The developer(s) of the Property shall pay a capital or impact fee for road improvements and public facilities in an amount the City may adopt for non-residential development. 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 or entities shall be referred to as the "Developer". If an interim or final public facility mitigation fee or benefit district for non-residential construction has not been finally established by the date on which Developer requests building permits for commercial construction in the Project or any phase thereof, the Developer, if required by City, shall execute an Agreement For Payment of Non-Residential Public Facility Fees substantially in the form attached marked Exhibit D and made a part herein by this reference. 12.3 Public Facilities Fee (Residential). (a) In lien of the County Development Agreement Fee, RSA Fee or City Public Facility Fee, for a period of two (2) years commencing on January 31, 1992 and ending January 30, 1994, Owner shall pay an Interim Public Facilities Fee of Three Thousand 11-11-92 12221-0006& F:%XX)C\152\92eaOO12.10G Dollars ($3,000.00) per dwelling unit. The Interim Public Facilities Fee shall be paid at the time of issuance of building permits for each residential unit constructed in the Project. (b) Owner shall also pay all other development exactions in existence as of January 31, 1992 and throughout the term of this Agreement, including but not limited to, Fire, Drainage, Traffic Signal Mitigation, K-Rat and Library Fees pursuant to the provisions of City ordinances and resolutions in existence when paid. From January 31, 1992 through January 30, 1994, Owner shall not be entitled to the K-Rat Fee credit. (c) On January 31, 1994, the Interim Public Facilities Fee shall be adjusted to equal the amount of the City's Public Facilities Fee imposed on all projects in the City at that time. Thereafter, the City's Public Facilities Fee shall be substituted for the Interim Public Facilities Fee. In the event the City has not adopted a City Public Fadlities Fee by January 31, 1994, Owner shall continue to pay the Interim Public Facilities Fee until such time as the City adopts a City Public Facilities Fee. 12.4 Public Facilities Fee Credit. Commencing on the Effective Date of this Agreement, Owner shall be entitled to a credit against future payments of Interim Public Facilities Fees or City Public Facilities Fees in an amount based on the total of the difference between the amount of the County Development Agreement Fee (excluding any reduction based on the K-Rat Fee credit) and the amount of the Interim Public Facilities Fees plus Library Fees paid by Owner to City for issuance of residential building permits for the Paloma del Sol Project during the period from January 31, 1992 to the Effective Date of this Agreement ("Public Facilities Fee Credit Amount"). City shall be responsible for determining the Public Facilities Fee Credit Amount based on its official records of building permits issued for the Paloma del Sol Project since January 31, 1992. Owner shall have one year from the Effective Date of the Agreement to apply the Public Facilities Fee Credit 11-11-92 12221-0006~. F:XIX3C\152\92030012.10C 19 Amount to the payment of Interim Public Facilities Fees or the City Public Facilities Fees, as the case may be. 12.5 Parks. Greenbelts and Paseos. As additional consideration for entering into this Agreement, Owner agrees to dedicate to the City, or cause to be dedicated, and City agrees to accept when offered, park land, greenbelts, slopes and paseos equalling approximately 166.5 acres. Owner and the Association may also dedicate approximately 27.5 acres of park land and paseos to the City. The park land, greenbelts, slopes and paseos are shown on Exhibit E which is attached and made a part hereof and incorporated by this reference. Owner shall improve, and Owner and/or the Association shall dedicate, or cause to be dedicated in fee or by grant of easement to City and City agrees to accept parkland, greenbelts, slopes, paseos and recreation improvements when offered for dedication. Notwithstanding the descriptions and references to lots, tracts and areas in Sections 6 and 7 and Exhibit A of the Amended MOU: (1) Lot 68 of Tract 24134-3 is not a part of the 5,9 Acre Paseo Park; (2) title to Lot 68 of Tract 24134-3 and Lots 86, 87 and 88 of Tract 24134-1 is vested in the Association and these lots may be dedicated to the City in the Association's sole discretion sometime in the future as a part of the 142 acres of remaining open space areas referenced in Section 8 and on Exhibit A of the Amended MOU; (3) title to Lot 123 of Tract 24133-5, Lots 81 and 82 of Tract 24133, Lot 161 of Tract 24133-1, and Lot 112 of Tract 24133-2 is vested in Owner and may be dedicated to City in Owner's sole discretion sometime in the future as part of the 142 acres of remaining open space areas. 12.6 Main Recreation Areas. The six main recreation areas and the terms for dedication to the City are described as follows: (a) An eight-acre park located in Specific Plan Planning Area No. 6 and within Tentative Tract 25417 (8-Acre Park) will be improved with two baseball diamonds/soccer field combination with lights, restroom and concession building, group picnic 11-11-'rZ 127,21-0006/,, F:'%~X)C\lSZ\~'ZO)O012.106 2 0 area, drinking fountains, trash receptacles and parking lot. Paved access from De Portola Road and Campanula Way to the parking lot shall also be provided. (b) A seven and seventy-four hundredths (7.74) acre park located in Tract 24133-2, Lot 114 ("7.74 Acre Park") will be improved as a "passive park" and may be dedicated to the City in Owner's sole discretion sometime in the future. (c) A thirteen and eighty-four hundredths (13.84) acre paseo park located in Tract 24133-3, Lot 106 ("13.84 Acre Paseo Park") currently improved with tot lots, basketball courts, tennis court, picnic areas with tables and barbecues, walkways/bikeways with lighting and may be dedicated to the City at sometime in the future by Owner with the prior consent of at least a majority of the members of the Association or by the Association if Owner transfers ownership to the Association before dedication to the City. (d) An approximate five and nine tenths (5.9) acre paseo park located in Tract 24134-3, Lots 68, 69, 70, 71 and a portion of Lot 83 of Tract 24134-F ("5.9 Acre Paseo Park") currently improved with a tot lot, basketball court, picnic areas with tables and barbecue, walkways/bikeways with lighting. This park is owned by the Association and may at the discretion of the Association be dedicated to the City sometime in the future. (e) A seven and forty-four hundredths (7.44) acre park located in the Eastside (future) Tract 24186-4, Lot 1 ("7.44 Acre Park") planned to be improved with a combination soccer/baseball field with lights, restrooms and concession building, group picnic area, drinking fountains, trash receptacles, parking lot. (f) A nine and thirty-five hundredths (9.35) acre paseo park located in the Eastside (future) Tracts including:. Lots 159 and 160 of (future) Tract 24186-1; Lots 121 and 129 of (future) Tract 24186-2 and Lot 121 of (future) Tract 24187-F ("9.35 Acre Paseo Park") 11-11-9Z 12221-(X)064, F:~DOC\152%920~)O12,10G 2 l planned to be improved with a basketball court, tot lot, picnic area, walkway/bikeways with lighting landscaping and irrigation. 12.7 Remaining Open Space Areas. (a) The remaining recreation and open space areas consist of approximately 142 acres of greenbelt paseos, roadway paseos, public parkway and slope landscaping, both east and west sides of Paloma del Sol. (b) Those perimeter and interior greenbelt paseos, roadway paseos, parks and slopes shown on Exhibit E which are transferred to the City will be maintained by the Temecula Community Services District CTCSD"). All assessments for maintenance shall be in compliance with the standards and formulas imposed by the TCSD on all other property within the City. 12.8 Timing of Park Improvements and Transfer to City. (a) The 8-Acre Park shall be fully improved and transferred to the City as soon as April 30, 1993, but no later than June 30, 1993. Additional street improvements to De Portola and construction of Campanula Way adjacent to the 8-Acre park will be completed as development of the adjoining tracts occurs, but not later than five (5) years from the Effective Date of this Agreement. (b) Improvements to the 9.35-Acre Paseo Park (Tract 24186, Lots 451, 452 and 453; Tract 24187, Lots 368 and 369) shall be completed prior to issuance of the 100th building permit within Tracts 24187 and 24188. (c) Improvements to the 7.44-Acre Park shall be completed prior to the issuance of the 100th building permit within Tracts 24182, 24184, 24185 and 24186. Other equivalent parks in the vicinity may be substituted for improvement of this park if approved in writing by the City. (d) Improvement to and transfer of the remaining 142 acres of greenbelt paseos, roadway paseos, public parkway and slope landscaping, both East and West sides of Paloma del Sol shall occur with the completion of development of the adjoining tracts and in accordance with the current TCSD funding procedures and practices, as follows: Tract 24133 The 7.74-Acre park shall be completed prior to the issuance of the 23761h building permit within the West side maps, bounded by Margarita Road to the West, Pauba Road to the North, Meadows Parkway to the East and State Highway 79 to the South, and will be dedicated to either the Association or the City. Tract 24182 Lot 464 To be developed as active park with facilities that may include one junior tot lot, one toddler tot lot, two full basketball courts with half court at each end, group picnic area, drinking fountains, trash receptacles and benches. · To be completed and dedicated to the City prior to issuance of 50% of the building permits for Lots 1 through 275. Lot 462 To be developed as a Passive Park. To be completed and dedicated to the City prior to issuance of 50% of the building permits for Lots 276 through 443. Tract 24184 11-11-92 12221-00064 F:%J)O(:\152\92030012,10G Lot 210 To be developed with paseos and activity nodes with passive recreation. To be completed and dedicated to the City prior to issuance of 50% of the building permits within the Tract. Tract 24185 Lots 365 and 368 To be developed as Passive Parks. To be completed and dedicated to the City prior to issuance of 50% of the building permits within the Tract. Lot 366 · To be developed as paseos with activity nodes with passive recreation. · To be completed and dedicated to the City prior to issuance of 50% of the building permits within the Tract. Tract 24186 Lot 457 To be developed with paseos and activity nodes with passive recreation. To be completed with the 7.44 Acre Park within Lot 460. Lot 460 The 7.44-Acre Park. To be completed and dedicated to the City prior to issuance of the 100th building permit within Tracts 24182, 24184, 24185 and 24186. Other equivalent parks in the vicinity may be substituted for development of this park if the alternatives are approved by the City. 11-11-92 12221-00064. F: ~DOC\152\921BO012, 10G 2 4 Lots 447. 458 and 456 To be developed with paseos and activity nodes with passive recreation. · To be completed and dedicated to the City prior to issuance of 50% of the building permits within the Tract. Lots 451. 452 and 453 A portion of the 9.35 Acre Park. To be developed and dedicated to the City prior to issuance of the 100th building permit within Tracts 24187 and 24188. Tract 24187 Lot 369 A portion of the 9.35-Acre Park. To be completed and dedicated to the City prior to issuance of the 100th building permit within Tracts 24187 and 24188. Lots 372 and 373 To be developed as paseos with activity nodes with passive recreation. To be completed and dedicated to the City prior to issuance of 50% of the building permits within the Tract. Tract 24188 Lot 352 To be developed as a Passive Park. Prior to issuance of 50% of the building permits for Lots 217 through 340. 11-11-92 12221-00064 F: %(x)~\152\rZO)O012. lOG :~ 5 Lots 372 and 378 To be developed as Passive Parks. To be completed and dedicated to the City prior to issuance of 50% of the building permits for LoB 1 through 216 Lot 374 To be developed as paseos and activity nodes with passive recreation. To be completed and dedicated to the City prior to issuance of 50% of the building permits for Lots 1 through 216. (e) Owner may extend the improvement completion and park transfer dates as set forth in this Agreement with written consent from the City. (f) City shall receive and approve all park and recreation facilities improvement plans in accordance with the City's park standards, procedures and specifications except the City shall accept without any modifications to the improvements to the 13.84-Acre Paseo Park and the 5.9-Acre Paseo Park as currently constructed and installed provided these parks are transferred to the City. (g) The approximately 194 acres of parks, greenbelts and paseos shall be transferred to the City by grant deeds from Owner and the Association, depending on ownership. The form of the grant deeds shall be approved by City and Owner. City agrees to accept the parks and any improvements within a reasonable time of being offered for dedication. The City shall be responsible for establishing any maintenance obligations with the TCSD associatecl with the parks, paseos and greenbelt areas described in this Agreement. 12.9 Landscape Development Zones. Landscape Development Zones (LDZ's) and Monuments shall be completed with the following timing: 11-11-92 12221-000~ F .- XN~X152X~2t~O012, 10~ 2 6 (a) LDZ's and Monuments along Pauba Road, Butterfield Stage Road, State Highway 79 South, De Portola Road, Meadows Parkway and Margarita Road shall be completed immediately after each street is completed with full improvements on the Project side. (b) LDZ's and Monuments along all other streets shall be completed with the completion of all buildings within each phase of the respective final maps for the Project. 12.10 Park Improvement Fee Credits. At the time of completion of the improvements and transfer of each of the public parks as provided in this Agreement, Owner shall receive a credit against payment of future City Public Facilities Fees based on the actual improvement cost incurred by Owner for each of said public parks up to a maximum credit of Two Million Dollars ($2,000,000). City shall have a right to review, audit and verify all costs associated with said park improvements under procedures to be mutually agreed upon between the parties. For purposes of calculating credits under this Section, "Improvements" shall be defined as onsite work only (design, grading and construction), excluding street and utility work within the public right-of-way and any onsite environmental mitigation costs such as toxic removal and wetlands mitigation. 12.11 Park Fee Obligation. Upon execution of this Agreement by the parties, regardless of undue delays or the outcome of any lawsuit or action brought by County or terms of settlement of any action or proceeding which may be instituted by the County against City and/or Owner relating to this Agreement, Owner's Quimby Park Fee obligation for the Paloma del Sol Project shall be satisfied excluding Tract 24183 which currently satisfies the City Park Fee Standard. Owner's Quimby Park Fee obligation with regard to Planning Area 6, as shown on Exhibit E, up to the maximum number of 590 attached residential units permitted by the Specific Plan Density Range shall also be satisfied. 11-11-92 12221-00066 F:'~OC\152\920:?0012,10G 27 12.12 Park Improvements. Except for the park improvements, recreation facilities and landscaping constructed and installed prior to the effective date of this Agreement, Owner shall submit to the City for approval by the Parks and Recreation Commission and City Council preliminary plans and cost estimates associated with park improvements, recreation facilities and landscaping to be constructed and installed on those parks, greenbelts, and paseos to be transferred to the City. The approval of the Parks and Recreation Commission and the City Council shall not be unreasonably withheld. For all park improvements, recreation facilities and landscaping constructed and installed pursuant to the Development Plan in this Agreement, except the park described at Section 12.6(a) (8-Acre Park), Owner shall enter into an Improvement Agreement and post perfornaance and labor/materials bonds for said improvements concurrently with recording the tracts where the improvements are located. 12.13 Conflict with Timing of Improvements. If any conflict exists with respect to the timing of dedications and/or construction of improvements of parkland, paseos, greenbelts or slope areas between this Agreement and the Amended MOU, the timing provisions in this Agreement shall prevail and be controlling with regards thereto. 13. Reservations of Authority. 13.1 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: (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals or for monitoring compliance with any Existing Development Approvals granted or issued. 11-11-9~ lr~1-00064. F:~d)OCX152XVZU,~O12.10G 28 (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendation, appeals, and any other matter of procedure. (c) Regulations imposing Development Exactions; provided, however, that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development throughout the City. (d) Regulations governing construction standards and specifications including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code and Fire Code. (e) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety. To the extent possible, any such regulations shall be applied and construed so as to provide Oxvner with the rights and assurances provided under this Agreement. (f) Regulations which are not in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (g) Regulations which are in conflict with the Development Plan provided Owner has given written consent to the application of such regulations to development of the Property. 13.2 Subsequent Development Approvals. This Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying the Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent City 11-11-9~ 1~221-(X)O6t, F:XDOC%152\92030012.10~ :~9 from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing or Subsequent Land Use Regulations not in conflict with the Development Plan. 13.3 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. 13.4 Regulation by Other Public Agencies. 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. 13.5 Tentative Tract Map ExtensiOn. Pursuant to the provisions of Section 66452.6 of the Government Code, the tentative subdivision map(s) or tentative parcel map(s) (vested or regular) approved as part of implementing the Development Plan, shall be extended to expire at the end of the term of this Agreement. 13.6 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or here~/fter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, et seq.) 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 fights, obligations, and protections afforded the Owner and City 11-11-9'Z F: ~IXlC\152\g2031X)12, 1011 3 0 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. 14. Development of the Proper~y. 14.1 Rights to Develop. Subject to the terms of this Agreement, including payment of the Interim Public Facilities Fee or City Public Facility Fee, as the case may be, and the Reservations of Authority, the Owner shall have a vested right to develop the Property in accordance with, and to the extent of the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, 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 the Development Plan. 14.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the payment of the Interim Public Facilities Fee or City Public Facilities Fee, as the case may be, and the Reservations of Authority, the rules, regulations, and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations. City shall exercise its lawful reasonable discretion in connection with Subsequent Development Approvals in accordance with the Development Plan, and as provided by this Agreement including, but not limited to, payment of the Interim Public Facilities Fee and City Public Facility Fee, as the case may be, and the Reservations of Authority. City shall accept for processing, review, and action all applications for Subsequent Development Approvals, and such 11-11-92 12221-0006& F:'%X)OC\lS2\rZO3OO12,¶OG ~ 1 applications shall be processed in the normal manner for processing such matters. City may, at the request of Owner, contract for planning and engineering consultant services to expedite the review and processing of Subsequent Development Approvals, the cost of which shall be borne by Owner. 14.3 Changes and Amendments. 'Fnc 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 Existing Development Approvals. In the event the Owner finds that a change in the Existing Development Approvals 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 Land Use Regulations, except as otherwise provided by this Agreement including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as an addendum to this Agreement and may 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 Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement provided such change does not: (a) Alter the permitted uses of the Property as a whole; or, (b) Increase the density or intensity of use of the Property as a whole; (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 Property as a whole; or, (e) Constitute a project requiring a Subsequent or a Supplemental Environmental Impact Report pursuant to Section 21166 of the Public Resources Code. 11-11-92 12221-000~, F:%DCC\152\92eC3QO12.10G 3 2 15. Periodic Review of Compliance with Agreement. (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 Effective Date of this Agreement. 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. 16. Financing District. Upon the request of Owner, the parties shall cooperate in exploring the use of CFDs, special assessment districts, and other similar Financing Districts for the financing of the construction, improvement, or acquisition of public infrastructure, facilities, lands, and improvements to serve the Project and its residents, whether located within or outside the Property. It is acknowledged that nothing contained in this Agreement shall be construed as requiring City or City Council to form such a district or to issue or sell bonds. 17. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in pan 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 its successor, the Owner/successor agrees to pay City any Development Agreement Amendment fee then in existence as established by City Council Resolution, or if no such fee is established, to reimburse City for the actual and reasonably necessary costs of reviewing and processing said Amendment. 18. Enforcement. Unless amended or canceled as herein provided, this Agreement is enforceable by any party to it notwithstanding a change in the applicable general or specific plan, zoning, subdivision, or building regulations adopted by the City which alter or amend the rules, 11-11-92 12221-(X)0~ F:~DOC~I52%92030012.10G :3 regulations, or policies governing permitted uses of the land, density, design, improvement, and construction standards and specifications. 19. Events of Default. Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: (a) If a warranty, representation or statement made or furnished by Owner to City is false or proves to have been false in any material respect when it was made; (b) A finding and determination by City that upon the basis of substantial evidence the Owner has not complied in good faith with one or more of the terms or conditions of this Agreement. 20. Procedure Upon Default. (a) Upon the occurrence of an event of default, City may terminate or modify this Agreement in accordance with the procedure adopted by the City. (b) City does not waive any claim of defect in performance by Owner implied if on periodic review the local City does not propose to modify or terminate this Agreement. (c) Non-performance shall not be excused because of a failure of a third person. (d) Non-performance shall be excused only when it is prevented or delayed by acts of God or an emergency declared by the Governor. (e) All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing development agreements are available to the parties to pursue in the event there is a breach. 21. 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. 11-11-92 12221-0006/, F:'~OOC'%.15~%f20)OO12,10G 34 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 Owner covenants not to sue for or claim any damages for breach of that Agreement by City. 22. Attorneys' 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. 23. 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 of Temecula 43174 Business Park Drive Temecula, CA 92590 Attention: City Attorney Notices required to be given to Owner shall be addressed as follows: To Owner: Kemper Real Estate Management Company 3470 Diablo Blvd., Suite A-100 Lafayette, CA 94549 Attention: Dennis M. Klimmek, Esq. With a copy to: Pettis, Tester, Kruse & Krinsky 18881 Von Karman, 16th Floor Irvine, CA 92715 Attention: Dennis D. O'Neil, Esq. 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. 24. Cooperation. City agrees that it shall accept for processing and promptly take action on all applications, provided they are in a proper form and acceptable for required processing, 11-11-92 12221-0006~ F:'%~OC%152%~'203(X)12.10G 35 for discretiona~ permits, tract or parcel maps, or other land use entitlement for development of the Project in accordance with the provisions of this A~reement. City shall cooperate with Owner in providing expeditious review of any such applications, permits, or land use entitlement and, upon request and payment of any costs and/or extra fees associated therewith by Owner, City shall assign to the Project planner(s), building inspector(s), and/or other staff personnel as required to insure the timely processing and completion of the Project. 25. 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 there is more than one signer of this Agreement their obligations are joint and several. (c) 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. (d) 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 fight of action based upon any provision of this Agreement. 26. 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. 11-11-~2 12221-000(~ F:%J(]C\152%*~ZO30012,10G :~6 IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year first above written. Attest: Patricia H. Birdsall, Mayor June S. Greek, City Clerk Approved as to form: Scott F. Field, City Attorney "OWNER" BEDFORD DEVELOPMENT COMPANY, a California corporation , President By: Dennis M. Klimmek, Secretary MESA HOMES, a California corporation William M. Butler, President By: Dennis M. Klimmek, Secretary 11-11-92 12221-00061, F:~OC\152X92530012.10G 3 7 STATE OF CALIFORNIA ) ) COUNTY OF ) SS. On before me, , a notary public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) STATE OF CAI,IFORNIA ) ) COUNTY OF ) SS. On before me, , a notary public in and for said State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) 11-11-92 12221-__~__ F:'~.XX)CX15L~.92050012.10G 38 STATE OF CALIFORNIA ) ) COUNTY OF ) SS. On before me, , a notary public in and for said State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) STATE OF CALIFORNIA ) ) COUNTY OF ) SS. On before me, , a notary public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) 11-11-92 lZ221-0006~ F :'%0(3CX152X9203(X)12, lOG 3 9 EXHIBIT A EXISTING DEVELOPMENT APPROVALS SPECIFIC PLAN Specific Plan No. 219., Amendment No. 1, Amendment No. 2, Amendment No. 3 COUNTY ZONING Ordinance No. 348.2919 (Zone Change No. 5140) RESTATEMENT AND AMENDMENT OF MEMORANDUM OF UNDERSTANDING Dated August 11, 1992 Approved by the City Council on August 11, 1992 CITY ZONING Ordinance Nos. 90-4, 90-5 through 91-13 Resolution No. 90- Zoning Change No. 5621 COUNTY MAPS Vesting Tentative Maps Nos. 24131-24136, 24182-24188 Parcel Map No. 23432 CITY MAPS Parcel Map No. 25418 The development approvals listed above include the approved maps and all conditions of approval. COPIES OF THE EXISTING DEVELOPMENT APPROVALS LISTED ABOVE ARE ON FILE IN THE RIVERSIDE COUNTY OR THE CITY OF TEMECULA PLANNING DEPARTMENTS AND ARE INCORPORATED HEREIN BY REFERENCE. 11-11-92 12221-00064. EXHIBIT B EXISTING LAND USE REGULATIONS Ordinance Nos. 89-1 through 92- Resolution No. 11-11-92 12221-000~, F:%I)OC%152\~20~O012,10C Pmloml D~I gol Wopefiy Owned I)y Meu Homes Isof~epf, 1,199; Thlll certain Ixopeny locited in The CIty of Temec, ulll, County of Riverside, 8tire of Cllffornll, deecrlbed as follows; Lots 43 U~roug~ SO.end 70 through 12 of TrlCl 24134-1 el pe( map filed in Book 2'30, PIIQIi 84 Ihrouglq of Maps in the Office of me County Recorder of Mid Riveraide County im~l, LOts 31,34, 47 ~rough 4e ,52,53,N1CI SS through 66 ol Trlct 24134-8 85 per mlp fllecI in Book 231, Pigel 1 through of MII~ in the Office of the County Re~ordlr of eel{I Rlvw'lide County mKI, Lotl 41 Ihrough 80 of Trl~t 241 $4 II per mlp fried i ~ooK ~., Pl~el 42 through o1 Mile in the Offlc3e of U~e COunty Iql~OfClld' Of IIKI Rivermale County and, Lots 36 throu~ 46,end 73 througlt 16 of Tract241~8-2UpermepmedlnlooKiJO, Pegee421hrough47 ol MIDI in Ute Office of the Cou~Iy RlcorcIIr of illd liMrlJde County end, Lots 7through 9, 12 1hrou~h 14,11,11,21, 2/ llvou911 34, 3~,,1e,42,43,44,82,6~,67,72 N~I LOl lOe Trect 24133-3 U IXf ~ ~IECl In Book 230, Pigel 48 Iltrougl~ 54 of Mepl In ~e Officl Of Ihe Couely Rloorcle( of Ildd Rlvtrltcle CouNy Lots 52 ttvougn 60.encl 68 titrough/8 of Trect 24133-4 U per map fled In Book 23,2, Pegee 50 through Of Mlpl In the OliVe 01 the County Re~)r~llf Of Ilkl RIv~'NCle EX!.ilBI'T C Pitme Ded $01 property Owned by Bedford Develo;ment Co~ll~ny ml of Sept. 1,1 Thlt cxrtmln properly located In the City of Te~,4cull, County of Riverside, 8tste of Citlfotnll, cleicrli;4d II follows: ParCels I through 51 of Percel Map 234,12 U ~ mLo filed in Book 159. Pages 36 through 61 of PercBi Mapl in the office of me County Recorder of said Rlverllde County. EXCEPTING therefrom those parcels described ms f0110wl: Lot 102 of Trlct 24132-1 IS DeI' map filial kPl Book 227, Pigill M through 9e of Maps in me office of the Court/Rec~'d8' of aid Rlwldl Courl~f Lot 114 of Trect 24132 IS per map filed In Book 227, PaW g7 through 110 of Mlpl in the office of the County Recorder of Mid Rlverllde County Ind, Lore 43 tmcx~gh 50, 70 through 72, m~l 86 througlq 81 of Tract 24134-1 am per mp riled In look riO, Page~ 84 through 92 of Mlps In the Office of the County Reo~cler of Mid Riveride County end, Lots I tNou~q 35,41 through 4e,mnd 52 thr{Ngh 71 ~ Tram 241~3 u Hr mp tlk ~ ~1, P~ 1 h~ 8 ~ MI~ In me Cm~ of m C~ R~ ~ sid ~ C~ a~, Lo~ 41 throug~ 60,1n(I Lot ~8 of Trlct 24134 upe~mlp~led l~ Book232, l=~42thrOu~l~49 of Mall in Ihe OffiCe of the C~nty Recerde' of Mid Rlverlide Lots 31 through 4kmncl 73 through 16 of TrlCt24133-aamp8 mmpfffed h ~ l, Pep42~ 41 Lm17throug~g,12tlvoug~.14,16through52.1mdL44106of Tricl ~.4133-3 u pet flip filed in Book 220, Pigel 48 dvough 54 of MeptInhOfflCeollheC4NmyRe~r(tetolsNdnivedde tom 52 hough 60,and 68 through 7l of Trm~t241~l--4uWmaptlledlnBook2~2, PageeaOthtough61 0fMgplmtheQfflCeoftheCountyRecerderofMidltv~ide ~ Paloma De4 Sol Progeny Owned Dy L~Blclford Development ~ as of Se;. 1.1~2 DeiinemesP~s Exc~ ~elmm RECORDED BOOK 159, PAGES 38-61 Parcel Map No. 23432 RECORDING REQUESTED BY:~ WHEN RECORDED, MAIL TO: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: City Clerk (Space Above For Recorder's Use) AGREEMENT FOR PAYMENT OF NON-RESIDENTIAL PUBLIC FACILITY FEE This Agreement is made this __ day of ,1993, by and between the City of Temecula ("City") and Bedford Development Company, a California corporation, and Mesa Homes, a California corporation (collectively, "Developer"). RECITALS Developer is the owner of real property (the "Property") in the City of Temecula described as follows: Exhibit A, attached hereto and incorporated herein by reference. B. Developer proposes to develop the Property pursuant to (the "Project"). C. City has determined that the Project will impact traffic and the demand for other public facilities within the City as defined 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 hereinafter. D. The City proposes to impose a public facility fee upon new non-residential 1R~ding~his~`~ementis~eeexem~tpersuantt~G~vemme~tC~deS~c~n6~3asiti~~ the CItyof Ten~cula, apublic agemy. 11-09-92 F: MN~C\152\~2110001 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 Non- Residential Public Facility Fee. E. The Amendment and Restatement of Development Agreement between City and Developer dated ,1992, ("Development Agreement") 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 payment of the Non-Residential Public Facility Fee in a timely manner, City and Developer have determined to enter into this Agreement pursuant to Government Code Section 66007 and the Development 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. Non-Residential Public Facility Fee. a. The City Council will establish the amount of the Non-Residential 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 Non- Residential Public Facility Fee also shall establish the specific improvements to be constructed and their cost, the benefit assessment area and the method by which he 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 Non-Residential Public Facility Fee on each building at such time as it receives its certificate of occupancy or final inspection, whichever occurs 11-09-92 12221-0(X)~ F:~OC\152%~2110e01 .AGe 2 first, c. The Council also may establish an Interim Non-Residential Public Facility Fee to be followed by a Final Non-Residential Public Facility Fee. If only the interim Non-Residential 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 Non-Residential 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 Non-Residential Public Facility Fee, then Developer shall pay a deposit of $10,000 prior to the issuance of the certificate of occupancy or final inspection, which amount shall be a credit against the Interim or Final Non-Residential Public Facility Fee. A letter of credit may be provided in lieu of the $10,000 deposit. e. If either the Final or interim Non-Residential Public Facility Fee is established after the issuance of the certificate of occupancy or final inspection, the Developer shall pay the Interim or Final Non-Residential 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 Non-Residential 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. F:%DOC\152~92110001 ,AG~ 3 g. City shall record a release of this Agreement upon payment of all Non- Residential Public Facility Fees owing and shall provide Developer with a copy of such release. 2. Use of the Non-Residential Public Facility Fee. The Non-Residential 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 the Project, and for expenses incidental thereto. There is a reasonable relationship between the Project and the Non- Residential Public Facility Fee in that the Project will impact traffic and existing public facilities and, consequently, 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 Non-Residential 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, traffic flow, trip generation factors and such other information as is reasonably necessary to establish the Non-Residential Pubic Facility Fee. 4. Security for the Non-Residential Public Facility Fee. a. Concurrently with 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 Non-Residential 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 Non-Residential Public Facility Fee. The amount of security also may be recluced upon Developer's payment of Non-Residential Public Facility Fees outstanding. Except for the deposit provided for in Section 1, no letter of credit is required if neither 11-09-9~ 1r,~1-INN36~ F:~,IX)C\lS2%92110001,NIR 4 the Interim or Final Non-Residential Public Facility Fee has 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 Non-Residential Public Facility Fee within thirty (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. c. The City may as an alternative to the lien procedure set forth above, bring legal action to collect the Non-Residential 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 attorneys' fees and court costs, together with penalty and interest determined according to Paragraph 4(b) of this Agreement. 5. Agreement 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 the Development Agreement, this Agreement or the formation of any Public Facility Fee district, but not the nexus between any Non-Residential Public Facility Fee and the Project. 7. Binding Agreement. This Agreement shall be binding upon Developer and Developer's successors and assigns. 11-0~-92 12221-000(~ 8. Amendment/No Continuing 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 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. Attorneys' 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. Notices. Notice shall be deemed given under this Agreement when in writing and deposited in the Unites States mail, first-class, postage prepaid, addressed as follows: City: City of Temecula 43172 Business Park Drive Temecula, CA 92390 Attn: City Attorney Developer: Kemper Real Estate Management Company 3470 Diablo Blvd., Suite A-100 Lafayette, CA 94549 Attention: Dennis M. Klimmek, Esq. With a copy to: Pettis, Tester, Kruse & Krinsky 18881 Von Karman, 16th Floor Irvine, CA 92715 Attention: Dennis D. O'Neil, Esq. 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. 11-09-9~ 12~21-000(~ IN WITNESS WHEREOF, the parties or their duly authorized representatives have executed this Agreement as of the date set out above. CITY OF TEMECULA David S. Dixon City Manager APPROVED AS TO FORM: By: Scott F. Field, City Attorney BEDFORD DEVELOPMENT COMPANY, a California corporation By: , President By: Dennis M. Klimmek, Secretary MESA HOMES, a California corporation By: William M. Butler, President Dennis M. Klimmek, Secretary 11-09-9Z lZZZ1-(XX)66 F:~D(X:~15~11~1 ,AGll 7 STATE OF CALIFORNIA COUNTY OF SS. On before me, , a notary public in and for said State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) STATE OF CALIFORNIA COUNTY OF SS. On before me, , a notary public in and for said State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) 11-0~-92 12221-0(X)(~ STATE OF CALIFORNIA COUNTY OF ss. On before me, , a notary public in and for said State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) STATE OF CALIFORNIA COUNTY OF SS. On before me, , a notary public in and for said State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) 11-09-92 12221-000~ F:'~OC~152Xg2110001,AI;R 9 EXHIBIT A DESCRIPTION OF THE PROPERTY 11-09-92 12221-00 (0 ~ F:~DOCX152X92110001,AX;~ 10