HomeMy WebLinkAbout030193 PC AgendaAGENDA
TEMECULA PLANNING COMMISSION
March 1, 1993 6:00 PM
VAIL ELEMENTARY SCHOOL
29915 Mira Loma Drive
Temecula, CA 92390
CALL TO ORDER:
Chairman Fahey
ROLL CALL:
Blair, Chiniaeff, Ford, Hoagland and 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 nql; 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
PUBLIC HEARING
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Planner:
Recommendation:
Change of Zone No. 23
Safa Mutahseb
South side of Rancho California Road, approximately 450
feet east of the intersection of Via Las Colinas and
Rancho California Road.
Zone change for a 6.1 acre parcel from R-3-4,000
(General Residential) to C-O to (Commercial Office.
Negative Declaration
Matthew Fagan
Approve
Case No.:
Applicant:
Location:
Proposal:
Environmental Action:
Planner:
Recommendation:
Outdoor Advertising Display Ordinance
City of Temecula
City Wide
Recommend adoption of an Ordinance Entitled:
"An Ordinance of the City Council of the City of
Temecula pertaining to sign regulations and establishing
regulations for the use of outdoor advertising displays".
Exempt from the California Environmental Quality Act
(CEQA).
Matthew Fagan
Approve and Recommend that City Council Adopt the
Ordinance.
4. Case No.:
Applicant:
Location:
Proposal:
Environmental Action:
Planner:
Recommendation:
Amendments to the Ordinance Regulating Temporary
Signs
City of Temecula
City Wide
To amend the Ordinance regulating Temporary Signs to
extend the allowable time periods for temporary signs and
to allow some detached temporary signs.
Exempt from the California Environmental Quality Act
Dave Hogan
Approve and Recommer~d that City Council Amend
portions the Ordinance.*
5. Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Planner:
Recommendation:
Development Agreement No. 92-1 (DA 92-1) Change of
Zone No. 21 and Tentative Parcel Map No. 27314
Linfield Christian School
East of Temecula High School, south of Rancho Vista
Road and north Of Pauba Road
A request to subdivide a 96.7 acre parcel into 4 parcels
and a 48.4 acre remainder parcel, a Development
Agreement to ensure the development of the project as
senior housing, congregate care facility, skilled nursing,
personal care, a nine hole private golf course and
dedication of a 2.3 net acre parcel to the City of
Temecula, and a Zone Change from R-R (Rural
Residential) to R-3 (General Residential)
Mitigated Negative Declaration
Saied Naaseh
Approve
Next meeting: April 5, 1993, 6:00 p.m., Vail Elementary School, 29915 Mira Loma Drive,
Temecula, California.
PLANNING DIRECTOR'S REPORT
PLANNING COMMISSION DISCUSSION
OTHER BUSINESS
ADJOURNMENT
WIMBERVG~PLANCOMM~GENDAS~3*I -93
Revised February 24, 1993 vgw 2
ITEM #2
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
March 1', 1993
Case No.: Change of Zone No. 23
Prepared By:Matthew Fagan
RECOMMENDATION:
RECOMMEND Adoption of the Negative Declaration for Change
of Zone No. 23; and
RECOMMEND Adoption of Resolution No. 93-
Approval of Change of Zone No. 23
recommending
APPLICATION INFORMATION
APPLICANT:
Safa Muhtaseb
REPRESENTATIVE:
Safa Muhtaseb
PROPOSAL:
Change of Zone from R-3-4,000 (General Residential) to C-O
(Commercial Office) of a 6.1 acre parcel.
LOCATION:
South side of Rancho California Road, approximately 450 feet
east of the intersection of Via Las Colinas and Rancho California
Road.
EXISTING ZONING:
R-3-4,000 (General Residential)
SURROUNDING ZONING:
North:
South:
East:
West:
C-1/C-P (General Commercial)
R-3 (General Residential)
R-2 (Multiple Family Dwellings)
R-3-4,000 (General Residential)
PROPOSED ZONING:
C-O (Commercial Office)
EXISTING LAND USE: Vacant
SURROUNDING
LAND USES:
North:
South:
East:
West:
Shopping Center (Moraga Plaza)Nacant
Apartments (Summerbreeze)
Vacant
Office Building (Rancho California Medical Plaza)
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PROJECT STATISTICS
Gross Acreage: 6,1
BACKGROUND
Change of Zone No. 23 was submitted to the City of Temecula Planning Department on March
31, 1992. A Development Review Committee (DRC) meeting was held on April 20, 1992.
A focused traffic analysis was requested from the applicant by the Department of Public
Works at that meeting. The traffic analysis was submitted to the Department of Public Works
on October 26, 1992. Public Works reviewed the focused traffic analysis and deemed this
study complete on November 13, 1992. A second DRC meeting was scheduled by Planning
Department staff on January 7, 1993 to assess whether any significant changes had occurred
in the project area since the previous DRC meeting. Staff requested revised exhibits and upon
their submittal, deemed the application complete on January 26, 1993.
PROJECT DESCRIPTION
Change of Zone No. 23 is a request to change existing R-3-4,000 (General Residential) zoning
to C-O (Commercial Office) on a 6.1 acre parcel.
ANALYSIS
Change of Zone No. 23 is a request for a redesignation of a 6.1 acre parcel from R-3-4,000
(General Residential) to C-O (Commercial Office). No development plan has been submitted
concurrent with the Change of Zone request. Staff conducted an Initial Study for the project
pursuant to the California Environmental Quality Act (CEQA). Based upon Staff's analysis,
a Negative Declaration has been recommended for adoption. The Change of Zone request will
not immediately result in the potential for impacts, however, the request may facilitate
impacts when future projects are realized on the site. Through preparation of the Initial Study,
staff looked at a maximum development scenario for any future development on the site and
identified potential impacts and measures to mitigate them (see Section III of Attachment No.
4: Initial Study). Site specific environmental analysis will be necessary upon the submittal
of development plans~for future projects. Staff had concerns relative to traffic and land use
compatibility. These are discussed below.
Traffic
Based upon the information contained in the focused traffic analysis (see Attachments No.
3.E. and 3.F.) prepared for Change of Zone No. 23, any future Commercial. Office
development on the site will have the potential to impact four (4) intersections: Rancho
California and Ynez Road, Via Las Colinas and Rancho California Road, Lyndie Lane and
Rancho California Road and Moraga and Rancho California Road. Impacts to each intersection
are discussed below.
1. Rancho California and Ynez Roads
Increases in traffic during peak hours due to the realization of a development project
on the site will be greater during AM peak hours than PM hours (see Table 1,
Attachment No. 5). According to the focused traffic analysis, impacts to this
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intersection will not affect the LOS "D" which currently exists. No increases to other
turning movement volumes were determined to exist from the focused traffic analysis.
2. Via Las Colinas and Rancho California Road
Peak increases in traffic will be minimal at this intersection from the actualization of
a project at the site (see Table 2, Attachment No. 5). This intersection will not be
signalized; however, LOS "C" or better will be maintained. Based upon the information
contained in the focused traffic analysis, no increases to other turning movement
volumes were determined .to exist at this intersection. '
3. Lvndie Lane and Rancho California Road
This intersection will ultimately be signalized, either through the realization of a
development project on the site or ultimate development of the site across Rancho
California Road. Peak increases in traffic will not significantly affect the existing LOS
(see Table 3, Attachment No. 5). LOS "C" or better will be maintained at this
intersection during peak hours. Based upon the information contained in the focused
traffic analysis, no other increases to other turning movement volumes were
determined to exist at this intersection.
4. Moraga and Rsncho California Roads
This intersection is currently signalized. Peak increases in traffic will not significantly
affect existing LOS (see Table 4, Attachment No. 5). LOS "C" or better will be
maintained at this intersection during peak hours. Based upon the information
contained in the focused traffic analysis, no other increases to other turning movement
volumes were determined to exist at this intersection.
On-site and off-site improvements recommended in the focused traffic analysis include
constructing Rancho California Road and Moraga Road to their ultimate half-width and Lyndie
Lane to its ultimate full-section width. Recommendations also include payment of signal
mitigation fees and striping a 200 foot left turn pocket on Rancho California Road adjacent
to the site thereby allowing traffic to turn left onto Moraga Road and Lyndie Lane. Specific
improvements Will be required upon ultimate development of the site.
Compatibility with Surroundino Land Uses
The subject parcel for which the Change of Zone is being requested is currently vacant.
Commercial uses exist to the north of the site across Rancho California Road (Moraga Plaza).
Professional offices exist to the west of the site (Rancho California Medical Plaza). High
density residential uses (13-20 du/ac) exist to the south of the site (Summerbreeze
Apartments). The parcel to the east of the site is currently vacant and the proposed land use
designation for the site is Medium Density Residential (7-12 du/ac maximum). Change of
Zone No. 23 is an in-fill project which is likely to be consistent with the City's future General
Plan which designates the site as Professional Office. Based upon existing and proposed uses
adjacent to the project site, the Change of Zone request to C-O (Commercial Office) is likely
to be compatible with surrounding land uses.
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EXISTING ZONING AND FUTURE GENERAL PLAN CONSISTENCY
The existing zoning for the site is R-3-4,000 (General Residential). The Change of Zone
request is for a redesignation of the site from R-3-4,000 (General Residential) to C-O
(Commercial Office). Planning Staff recommended to the Planning Commission that the land
use designation for the site be Professional Offic~ through the General Plan public hearing
process. Professional Office is described in the future General Plan as follows:
"The Professional Office designation includes primarily single or multi-tenant offices and may
include supporting uses. Office developments are intended to include low rise offices situated
in a landscaped garden arrangement and may include mid-rise structures at appropriate
locations. Typical uses include legal, design, engineering or medical offices, corporate and
governmental offices, and community facilities. Supporting convenience retail and personal
service commercial uses may be permitted to serve the needs of the on-site employees."
Commercial Office zone uses would ultimately be consistent with the Professional Office land
use designation. This determination is based upon conducting a review of Commercial Office
uses permitted in Section 9.72 of Ordinance No. 348 and those uses contained in the City's
draft General Plan. Although the General Plan has not been adopted, the Planning
Commission is recommending adoption of a Professional Office land use designation for the
site by the City Council. Based upon this information, there is a likely probability that the
Change of Zone request will be consistent with the City's General Plan upon its adoption.
ENVIRONMENTAL DETERMINATION
An Initial Study was completed by Staff for Change of Zone No. 23. Staff has determined
through its analysis that the Change of Zone request will not immediately have an affect upon
the environment, however, it may facilitate future impacts. There is the potential for
development of the site with the Commercial Office designation. Staff has identified potential
future impacts to the environment based upon future development of the site. Any potential
impacts from future development on the site can be mitigated to a level less than significant.
Staff therefore recommends that a Negative Declaration be adopted.
SUMMARY/CONCLUSIONS
Change of Zone No. 23 is a request for a redesignation of a 6.1 acre parcel from R-3-4,000
(General Residential) to C-O (Commercial Office). Based upon staff's analysis, there is a likely
probability the Change of Zone request will be consistent with the City's future General Plan
land use designation of Professional Office upon the General Plan's adoption. An Initial Study
was conducted for the Change of Zone request and a Negative Declaration is recommended
for adoption. A focused traffic analysis was performed for the site which depicts traffic
conditions at ultimate development of the site. Existing LOS standards will be maintained at
all intersections affected by the ultimate development of the site with Commercial-Office uses.
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FINDINGS
The proposed zone change will not have a significant adverse e+fect on the
environment, as determined in the Initial Study for this project. No immediate impacts
to the environment will result from the Change of Zone from R-3-4,000 (General
Residential) to C-O (Commercial Office). Impacts from future development can be
mitigated to a level less than significant.
There is a reasonable probability that the zone change from R-3-4,000 (General
Residential) to C-O (Commercial Office).will be consistent with the future General Plan,
The land use designation for the site on the draft General Plan is Professional Office.
Commercial Office uses will ultimately be consistent with the Professional Office
designation, due to the fact that they are similar in both Ordinance No. 348 and the
draft General Plan.
There is not a reasonable probability of substantial detriment to, or interference with,
the future General Plan, if the proposed use or action is ultimately inconsistent with
the General Plan due to the fact that commercial designations are proposed to the
north and west, with a high density residential designation to the south and medium
density residential to the east. While the C-O zoning will ultimately to be inconsistent
with the City's General Plan upon its adoption, this inconsistency will be rectified upon
the adoption of the City's zoning map.
The proposed change in district classification will likely be consistent with the goals,
policies and implementation programs which will be contained in the General Plan
when it is ultimately adopted. The proposal is consistent with Goal 1 of the Draft
General Plan Land Use Element which calls for "A complete and integrated mix of
residential, commercial, industrial, recreational, and public land uses." Commercial
land uses exist to the north and west, residential exists to the south and is proposed
to the east. The proposal will also be consistent with Goal 5 of the Draft General Plan
Land Use Element which calls for "A land use pattern and intensity of development
that encourages alternative modes of transportation, including transit, bicycling, and
walking." Existing transit lines are in proximity to the site and residential uses adjacent
to the site will afford opportunities to walk to the site.
The site of the proposed Change of Zone is suitable to accommodate all the land uses
currently permitted in the proposed zoning district due to the fact that the parcel is of
adequate size and shape for any proposed use. Section 9.75.a. of Ordinance No. 348
(Development Standards for Commercial Office) requires no minimum size for lot area.
The parcel is approximately 6.1 acres. Landscaping, parking and lot coverage
requirements will be met upon ultimate submittal of a development proposal.
Adequate access exists to the proposed Change of Zone site. Proposed potential
access points to the site will be from Via Las Colinas, Lyndie Lane, Rancho California
Road and Moraga Road. Additional internal access and required road improvements
to the site will be designed and constructed in conformance with City of Temecula
standards.
Said findings are supported by analysis, maps, exhibits, and environmental documents
associated with this application and herein incorporated by reference.
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Attachments:
Resolution No. 93- - Blue Page 7
Letters from Other Departments/Agencies - Blue Page 12
Exhibits - Blue Page 13
A. Vicinity Map
B. Draft General Plan
C. Zoning
D. Site Plan
E, Existing Peak Hou~ Turning Movement Volumes
F. .Existing Plus Project Peak Hour Volumes
Initial Study - Blue Page 14
Turning Movement Volume Tables - Blue Page 33
Table 1 Rancho California and Ynez Roads Turning Movement Volumes
Table 2 Via Las Colinas and Rancho California Road Turning Movement Volumes
Table 3 Lyndie Lane and Rancho California Road Turning Movement Volumes
Table 4 Moraga and Rancho California Roads Turning Movement Volumes
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ATTACHMENT NO. 1
PC RESOLUTION NO. 93-
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ATTACHMENT NO. 1
PC RESOLUTION NO. 93-
A RESOLUTION OF THE CITY OF TEMECULA
PLANNING COMMISSION RECOMMENDING APPROVAL
OF ZONE NO. 23 CHANGING ~ ZONE FROM R-3-4,000
(GENERAL I~-qlDENTIAL) TO C-O (COMMR. RCIAL
OFFICE) ON PROPERTY LOCATED ON TITE. SOUTH SIDE
OF RANCHO C.&I .n~ORNIA ROAD, APPROXIMATELY 450
FI~.P.T EAST OF ~ INTERSECTION OF VIA LAS
COLINAS AND RANLIfO CALIi~ORNIA ROAD AND
KNOWN AS ASSESSOR'S PARCY, I, NO. 944-290-009
WHYREAS, Safa Muhtaseb Fred Change of Zone No. 23 in accordance with the
Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has
adopted by reference;
WHI~.REAS, said Change of Zone application was processed in the time and manner
prescribed by State and local law;
WI~.REAS, the Planning Commission considered said Change of Zone on March 1,
1993, at which time interested persons had an opportunity to testify either in support or
opposition;
WHEREAS, at the conclusion of the Commission hearing, the Commission
recommended approval of said Change of Zone;
NOW, TIIE~REFORE, ~ CITY OF :TE1VIECULA PLANNING COMMISSION
DOES RESOLVE, DETER_MINE AND ORDER AS FOLLOWS:
Section 1. Findin~,s. That the City of Temecuh Planning Commission hereby makes
the following findings:
A. Pursuant to Government Code Section 65360, a newly incorporated city shall
adopt a general plan within thirty (30) months following incorporation. During that 30-month
period of time, the city is not subject to the requirement that a general plan be adopted or the
requirements of state law that its decisions be consistent with the general plan, if all of the
following requirements are met:
general plan.
The city is proceeding in a timely fashion with the preparation of the
2. The planning agency finds, in approving projects and taking other actions,
including the issuance of building permits, each of the following:
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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 which
will be studied within a reasonable time.
b. Them is litfie or no probability of substantial detriment to or
interference with the future adopted general plan ff the proposed use or action is ultimately
inconsistent with the plan.
c. The proposed use or action complied with all other applicable
requirements of state hw and local ordinances.'
B. The Riverside County General Plan, as mended by the Southwest Area
Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as
the General Plan for the southwest portion of Riverside County, including the area now within
the boundaries of the City. At this time, the City has adopted SWAP as its General Plan
guidelines while the City is proceeding in a timely fashion with the preparation of its General
Plan.
C. The Planning Commission in recommending approval of the proposed Change of
Zone, makes the following findings, to wit:
1. The proposed zone change will not have a significant adverse effect on the
environment, as determined in the Initial Study for this project. No immediate impacts to the
environment wffi result from the Change of Zone from R-3-4,000 (General Residential) to C-O
(Commercial Office). Impacts from future development can be mitigated to a level less than
significant.
2. There is a .reasonable probability that the zone change from R~3-4,000
(General Residential) to C-O (Commercial Office) will be consistent with the future General
Plan. The land use designation for the site on the draft General Plan is Professional Office.
Commercial Office uses will ultimately be consistent with the Professional Office designation,
due to the fact that they are similar in both Ordinance No. 348 and the draft General Plan.
3. There is not a reasonable probability of substantial detriment tu, or
interference with, the future General Plan, ff the proposed use or action is ultimately inconsistent
with the General Plan due to the fact that commercial designations are proposed to the north and
west, with a high density residential designation to the south and medium density residential to
the east. While the C-O zoning wffi ultimately to be inconsistent with the City's General Plan
upon its adoption, this inconsistency wffi be rectified upon the adoption of.the City's zoning
map.
4. The proposed change in district classification will likely be consistent with
the goals, policies and implementation programs which will be contained in the General Plan
when it is ultimately adopted. The proposal is consistent with Goal 1 of the Draft General Plan
Land Use Element which calls for "A complete and integrated mix of residential, commercial,
industrial, recreational, and public land uses." Commercial land uses exist to the north and
west, residential exists to the south and is proposed to the east. The proposal will also be
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consistent with Goal 5 of the Draft General Plan I~nd Use Element which calls-for "A land use
pattern and intensity of development that encourages alternative modes of transportation,
including transit, bicycling, and walking." Existing transit lines are in proximity to the site and
residential uses adjacent to the site will afford opportunities to walk to the site.
5. The site of the proposed Change of Zone is suitable to accommodate all
the land uses currently permittedin the proposed zoning district due to the fact that the parcel
is of adequate size and shape for any proposed use. Section 9.75.a. of Ordinance No. 348
(Development Standards for Commercial Office) requires no minimum size for lot area. The
parcel is approximately 6. I acres. Landscaping, parking and lot coverage requirements will be
met upon ultimate submittal of a development proposal.
6. Adequate access exists to the proposed Change of Zone site. Proposed
potential access points to the site will be from Via Las Colinns, Lyndie Lane, Rancho California
Road and Moraga Road. Additional internal access and required road improvements to the site
will be designed and constructed in conformance with City of Temecula standards.
7. Said findings are supported by analysis, maps, exhibits, and environmental
documents associated with this application and herein incorporated by reference.
D. The Change of Zone is compatible with the health, safety and welfare of the
community.
Section 2. Environmental Compliance. An Initial Study was performed for this project
when determined that although the proposed project could have a significant effect on the
environment, no significant impact would immediately result to the natural or built environment
in the City. Future development. of the site may result in impacts to the environment, however,
these can be mitigated to a level less than significant at the project development review stage.
A Negative Dechration, therefore, is hereby granted.
Section 3. PASSED, APPROVED AND ADOFrED this 1st day of March, 1993.
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I HI~.RI~.Ry CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 1st day of March,
1993 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSION~<S:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
GARY THORNt~ ,L
SBCRErARY
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ATTACHMENT NO. 2
L~'I I ERS FROM OTHER DEPARTMENTS/AGENCIES
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RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
Ladies and Gentlemen:
FEB 11 199
CiTY OF TEMECiJLA
The District does not normally recommend conditions for land divisions or other land use m in incorporated cities. The District also does not
plan chec~ city land use cases, or provide State Division of Real Estate lettes or other flood hazerd reports for such ca.se~. District
cctnme~ts/recom~ations for suc~ m are normally limited to items Of mfm intarest to the District indudthg Distact Mastar Di'ajnage Plan
facilities. other regional flood ~ and drainage facilities which could de considered a logical component or exter~s4on of a master plan system,
and District Area Drainage Ran fees (developremit mitigation fees) In addition, informtalon of a general nature is prowdeal.
The District has not re~qewed the proposed project in detail and the following checked comments do not in any way cor~ljtute or imply District
approval or ebdorsement of the pr,-cT~___~ed project with respect to flcx~i hazard, pobiic health arN:l safety or any other sud~ issue;
["~This project would not he impacted by District Mastar Drainage Ran facilities not are other facilities of ragional interest proposed.
"1This pro~eot invctves Disthct Master Ran facilities. The District will accept ownership of suc$1 facilities on writlen request of the City. Fadlitias
must be constrdcted to Disthct standards, and District plan ched( and inspection will be required for District ~"~ptance. R~n ched<.
inspection and edminist~otive foes will de required.
t__ ~ This projed: proposes channels. storm drains 36 inches or larger in diameter, or Other facilities that coutd de oonsidared regional in nature
K~/Or a tngical este~qsion of the adopted Master Drsinage Plan. The District would cons4def _-cc~_pting
ownership of suctt facilities on wfitlan request of the City. Facilities must be oonstructed to District standards, and District plan ched< and
insOedion will be required for District acceptance. Plan Check, inspection and apminis~'atNe fees will be required.
["~This project is located within the limits of the District's Area Drainage Ran for which drainage
fees have bee~ adopted; applicable fees should be paid to the Rood ConIra4 Distncl or City prior to final approval of the project. or in the case
of a parcel ma,o or subdivision prior to recordation of the final map. Foes to be paid should be at the rate in e~ed at the time of recordalton,
or it deferred. at the time of issuance of the actual berrnit.
GFNFRAI INFORMATION
This project may retire a NaTional Poliutant Discharge EJimination System (NPDES) hermit from the State Water Resources Co4qtrol BoNd.
Clearance for grading. recordalton. or other final approval, should not de given until the City has determined that the project has been granted a
permit or is shown to be exempt.
If this project thrones a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should require the applicant to
provide all studies, calculations, plans and other information required to meet FEMA requirements. and should furlhe~ require that ~e app4icant
obtain a Cortditionai Letlar Of Map Rewsion (CLOMR) prior to grading, rec~xdation or othar fina~ approval of the pro;._ and a Lener of Map
Revision (LOMR) prior to occupancy.
If a natural watercourse or mapped flood plain is impacted by this project the City should require the al~plicant to obtaun a Section 1601/1603
Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 permit from the U.S. Army Corps of
Engineers, or wrmen correspondence from these agenoes indicating the project is exempt from these requirements. A Clean Water Act Seelion
404 Water Quality Cerlificat~on may be required from the iocaJ California Rag~ona3 Water Quality Controt Board prior to issuance of the Corps
~04 hermit.
Very truly yours,
..~ DUSTYWILLIAMS
Sen~o~ Civil Engineer
Oat.: Z ' e5' R
W' er
December 24, 1992
Mr. Matthew Fagan
City of Temecula
Planning Department
43180 Business Park Drive
Temecula, CA 92590
Water Availability, Parcel Map 13466
Lot 2, APN 944-290-009, Change of Zone No. 23
Dear Mr. Fagan:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD). Water service,
therefore, would be available upon completion of financial arrangements
between RCWD and the property owner.
Water availability would be contingent upon the property owner signing an
Agency Agreement which assigns water management rights, if any, to RCWD.
If you have any questions, please contact Ms. Senga Doherty.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
Steve Brannon, P. E.
Manager of Development Engineering
SB:SD:sj~69/F186
cc: Senga Doherty, Engineering Technician
MEMORANDUIVl
TO:
FROM:
DATE:
SUBJECT:
Matthew Fagan, Assistant Planner
David W. Hogan, Associate PlannerOt4 ~-
December 29, 1992
Advance planing Division Comments on Change of Zone 33
We have reviewed the abovementioned request for a Change of Zone from R-3-4000 to C-O on
the southwest corner of Rancho California and Moraga Roads. As a result of our review, we
have identified the following comments and concerns.
The project site is currently designated Professional Office on the Draft City General
Plan. The primary purpose of the Professional Office designation is to provide for single
and multi-tenantprofessional, legal, medical, corporate and government office uses. The
proposed Change of Zone appears to be consistent with the City's December, 1992, draft
General Plan.
HOGAND\COZ33.COM
County of Riverside
HEALTH SERVICESAGENCY
CITY OF TEMECULA PLANNING DEPARTMENT
TO: ~TN: Matthew Fagan DATE:
FROM: m M ironmental Health Specialist IV
RE: Change of Zone No..23
RECEIVED
JAN 0 z~ 1993
Ana'd ..........
12-30-92
The Environmental Health Services has reviewed this Change
of Zone No. 23 and has no objections. Sanitary sewer and
water services should be available in this area.
PB:cr
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:'
Matthew Fagan, Planner
Robert Ri'ghetti, Senior. Project Manager
January 25, 1993
Change of Zone No. 23
The Department of Public Works has reviewed this application and find it
satisfactory. Final driveway alignments shall be approved with development
applications as they are received. Additional traffic studies may be required as
warranted to evaluate the impact of individual development applications and onsite
circulation.
If you have any specific questions about the change of zone or future development
applications, please feel free to contact the department.
RR/rr
-1- CZ23APPL.MEM 012593
ATTACHMENT NO. 3
EXHIBITS
R:\S\STAFFRPT~23CZ.PC 2/2/93 klb 1:3
CITY OF TEMECULA
SITE
CASE NO.: Change of Zone No. 23
_ EXHIBIT: A
' P.C. DATE: March 1, 1993
VICINITY MAP
R:\S~STAFFRPT~23CZ.PC 1/27/93
CITY OF TEMECULA
DRAFT GENERAL PLAN - EXHIBIT B Designation: Professional. Office
SITE
~ 'Rr2 R-
ZONING - EXHIBIT C
Case No.: CImnge of Zone No. 23
P.C. Date: March 1, 194)5
Designation: Commercial-Office
R:\S\STAFFRPT~23CZ.PC 1/27/93 klb
CITY OF TEMECULA
PARCEL
ROPOSED D./W
PARCEL 3
APARTMENT
PARCEL 1
P.I.Q.
CASE NO.: Change of Zone No. 23
_ EXItlRIT: D
' P.C. DATE: March 1, 1993
SITE PLAN
R:\SXSTAFFRPT\23CZ.PC 1127193 klb
CITY OF TEMECULA
Site
Legend:
XX - A.M. Turning Volumes
(XX) - P.M. Turning Volumes
CASE NO.: Change of Zone No. 23
EXHIBIT: E EXISTING PEAK HOUR TURNING MOVEMENT VOLUMES
-P.C. DATE: March 1, 1993
R:\S\STAFFRPT\23CZ.PC 1127./93 klb
CITY OF TEMECULA
/
t
Site
Legend:
XX - A.M. Turning Volumes
(~(X) - P.M. Turning Volumes
CASE NO.: Change of Zone No. 23
EXI-IIRIT: F EXISTING PLUS PROJECT PEAK HOUR VOLUMES
P.C. DATE: March 1, 1993
R:\S\STAFFRPT~23CZ.PC 1/27/93 klb
ATTACHMENT NO. 4
INITIAL STUDY
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City of Temecula
Planning Department
Initial Environmental Study
I. BACKGROUND INFORMA~ON
II.
1. ' Name of Project:
2. Case Numbers:
3. Location of Project:
4. Description of Project:
5. Date of Environmental
Assessment:
6. Name of Proponent:
7. Address:
8. Phone Number of Proponent:
Change of Zone No. 23
Change of Zone No. 23
South side of Rancho California Road, approximately 450 feet
east of the intersection of Via Las Colinas and Rancho
California Road
Change of Zone from R-3-4,000 (General Residential) to C-O
(Commercial-Office) of a 6.1 acre parcel
January 26, 1993
Sara Muhtaseb
P.O. Box 1004
Murrieta, CA 92564
(909) 677-3325
ENVIRONMENTAL IMPACTS
(Explanations to all the answers are provided in Section III)
1. Earth. Will the proposal result in:
a. Unstable earth conditions or in changes geologic substructures?
b. Disruptions, displacements, compaction, or over covering
of the soil?
c. Change in topography or ground surface relief features?
d. The destruction, covering or modification of any unique
geologic or physical features?
e.Any increase in wind or water erosion of soils, either on
or off the site?
f. Changes in siltation, deposition or erosion?
Yes Maybe N__o
X
X
X
X
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g. The modification of any wash, channel, creek, river or lake?
h. Exposure of people or property to geologic hazards such as
earthquakes, landslides, mudslides, liquefaction, ground
failure, or similar hazards?
i. Any development within an Alquist-Priolo Special Studies Zone?
Air. Will the proposal result in:
a. Air emissions or deterioration of ambient air quality?
b. The creation of objectionable odors?
c. Alteration of air movement, temperature, or moisture or any
change in climate, whether locally or regionally.'?
Water. Will the proposal result in:
a. Changes in currents, or the course or direction of water
movements, in either marine or fresh waters?
b. Changes in absorption rates, drainage patterns, or the rate and
amount of surface runoff?.
c. Alterations to the course or flow of flood waters?
d. Change in the amount of surface water in any water body?
e. Discharge into surface waters, or in any alteration of surface
water quality, including but not limited to, temperature,
dissolved oxygen or turbidity?
f. Alteration of the direction or rate of flow of ground waters?
g. Change in the quantity of ground waters, either through direct
additions, withdrawals, or through interception of an aquifer
by cuts or excavations?
h. Reduction in the amount of water otherwise available for public
water supplies?
i. Exposure of people or property. to water related hazards such
as flooding?
Y~
Maybe No
_ X
X
X
X
X
X
X
X
R:%S\STAFFRPT%23CZ.PC 212193 Idb 16
Yes Maybe No
4. Plant Life. Will the proposal result in:
a. Change in the diversity of species, or number of any native
species of plants (including trees, shrubs, grass, crops, and
aquatic plants)? __ __ X
b. Reduction of the numbers of any unique, r~re, threatened, or
endangered species of plants? __ __ X
c. Introduction of new species of plants into an area of native
vegetation, or in a barrier to the normal replenishment of
existing species? __ __ __X
d. Reduction in the acreage of any agricultural crop? _ _ __X
5. Animal Life. Will the proposal result in:
a. Change in the diversity of species, or numbers of any species of
animals (animals includes all land animals, birds, reptiles, fish, .
amphibians, shellfish, benthie organisms, and/or insects)?__ X__
b. Reduction of the numbers of any unique, rare, threatened, or
endangered species of animals? _ .X_X _
c. The introduction of new wildlife species into an area? __ __ X
d. A barrier to the migration or movement of animals? __ X
e. Deterioration to existing fish or wildlife habitat? __ X
6. Noise. Will the proposal result in:
a. Increases in existing noise levels? X
b. Exposure of people to severe noise levels? X
c. Exposure of people to severe vibrations? __ __ __X
7. Light and Glare. Will the proposal produce or result in light or glare? __X _ _
8. Land Use. Will the proposal result in:
a. Alteration of the present land use of an area? X
b. Alteration to the future planned land use of an area as described
in a community or general plan?____ X
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Yes Maybe ~
9. Natural Resources. Will the proposal result in:
a. An increase in the rate of use of any natural resources? X __
b. The depletion of any nonrenewable natural resource? X
lO. Risk of Upset. Will the proposal result in:
a. A risk of an explosion or the release of any hazardous substances
in the event of an accident or upset conditions (hazardous
substances includes, but is not limited w, pesticides, chemicals,
oil or radiation)? __ __ _X__
b. The use, storage, transport or disposal of any hazardous or toxic
materials (including, but not limited to oil, pesficides, chemicals,
or radiation)? __
c. Possible interference with an emergency response plan or an
emergency evacuation plan?
11. Population. Will the proposal alter the location, distribution, density,
or growth rate of the human population of an area?
12. Housing. Will the proposal affect existing housing or create a demand
for additional housing? __
13. Transportation/Circulation. Will the proposal result in:
a. Generation of substantial additional vehicular movement? __ __ __X
b. Effects on existing parking facilities, or demand for new parking? X
c. Substantial impact upon existing transportation systems, including
public transportation? __ X, __
d. Alterations to present patterns of circulation or movement of
people and/or goods? __ X
e. Alterations to waterborne, rail or air traffic? _ _ __X_
f. Increase in traffic hazards to motor vehicles, bicyclists or
pedestrians?
14. Public Services. Will the proposal have substantial effect upon, or
result in a need for new or altered governmental services in any of
the following areas:
a. Fire protection?
R:',S\STAFFRPT~23CZ.PC 2/2193 Idb 18
b. Police protection?
c. Schools?
d. Parks or other recreational facilities?
e. Maintenance of public facilities, including roads?
f. Other governmental services: Libraries
15. Energy. Will the proposal result in:
a. Use of substantial amounts of fuel or energy?
b. Substantial increase in demand upon existing sources or energy,
or require the development of new sources of energy?
1(5. Utilities. Will the proposal result in a need for new systems, or
substantial alterations to any of the following utilities:
a. Power or natural gas?
b. Communications systems?
c. Water systems?
d. Sanitary sewer systems or septic tanks?
e. Storm water drainage systems?
f. Solid waste disposal systems?
g. Will the proposal result in a disjointed or inefficient pattern of
utility delivery system improvements for any of the above?
17. Human Health. Will the proposal result in:
a. The creation of any health hazard or potential health hazard?
b. The exposure of people to potential health hazards, including
the exposure of sensitive receptors (such as hospitals and
schools) to toxic pollutant emissions?
18. Aesthetics. Will the proposal result in:
a. The obstruction of any scenic vista or view open to the public?
b. The creation of an aesthetically offensive site open to public view?
Maybe N_.qo
X
X
X
__x _
X
X
_ X
_ X
__ X
X
_ X
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Yes Maybe No
c. Detrimental visual impacts on the surrounding area?
X
19.
Recreation. Will the proposal result in an impact upon the quality or
quantity of existing recreational resources or opportunities7
X
20. Cultural Resource. Will the proposal result in:
The alteration or destruction of any paleontologic, prehistoric,
archaeological or historic site?
Adverse physical or aesthetic effects to a prehistoric or historic
building, structure, or object?
X
Any potential to cause a physical change which would affect
unique ethnic cultoral values?
X
Restrictions to existing religious or sacred uses within the
potential impact area?
X
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IH. DISCUSSION OF THE ENVIRO~AL IMPACTS
1.a.
No. The Change of Zone proposal will not immediately result in unstable earth conditions or
changes in geologic substructures. Upon ultimate development of the site, projects which are
consistent with the existing zoning will be required to be reviewed through the Development
Review/Use Permit Process. Construction and grading for typical development in this zone will
not be at depths Which would affect any geologic substructures.
1.b.
Yes. The Change of Zone request will not immediately result in the disruption, displacement;
compaction, or overcovering of the soil, however it may facilitate it. Any future development will
result in disruptions, displacements, compaction and overcovering of the soil, as all grading activity
requires disruptions, displacements, compaction and overcovering of the soil. Any impacts will
not be considered significant due to the fact that the site has previously been graded, and that the
amount of disruption, displacement, compaction and overcovering of the soil can be minimized
through project design.
Yes. As mentioned in response 1 .b., the Change of Zone request will not immediately result in
any physical changes to the site. Future Commercial-Office development will result in a change
to topographic and ground surface relief features -as a result of the creation of driveways, site
improvements and building pad sites. Impacts to the topography and/or ground surface relief
features can be mitigated through the Development Review process for future development on the
site. Slopes shall be required to be planted for erosion control.
1.d.
No. Neither the Change of Zone request, nor development of the site will result in the destruction,
covering or modification of any unique geologic or physical features. No unique geologic features
exist on the site (based upon information contained in the City of Temecula Draft General Plan
Environmental Impact Report, dated August 12, 1992, and the Southwest Area Community Plan
Final Environmental Impact Report adopted May, 1989). Based upon a site inspection by staff,
no unique physical features were identified on the site.
I.e.
Maybe. As mentioned in response 1 .b, the Change of Zone request will not immediately result
in any physical changes to the site; however, it may facilitate development of the site. Ultimate
development of the site may result in increased wind and'water erosion of soils on and off-site.
Grading will occur for the creation of building pads, site improvements and driveways. The
potential for wind and water erosions of soil from the manufactured slopes will be increased. This
will be mitigated through planting of slopes for erosion control consistent with Uniform Building
Code Standards and Ordinance No. 457.
1.f.
Maybe. The Change of Zone request w~l not immediately result in changes in siltation, deposition
and erosion. Ultimate development of this site may result in changes in siltslion, deposition and
erosion. As mentioned in response 1.e., due to the creation of manufactured slopes for the
driveways, the potential exists for erosion. This in turn would result in an increase of siltation and
deposition at the bottom of any slopes. Any potential impact can be mitigated in the manner
discussed in response 1 .e.
1.g.
No. The Change of Zone request and any subsequent development of the site will not result in
modifications to any wash, channel, creek, river or lake. None exist on the project site, nor are
proximate to the site.
R:\S\STAFFRPT%23CZ.PC 2/2/93 klb
1.h,
l.i.
Ai.....~r
2.a,b.
2.c.
Water
3.a.
3.b.
Yes. Ultimate development of the site will expose people and property to earthquake hazards since
the project is located in Southern California, an area which is seismically active. Any potential
impacts can be mitigated through building construction which is consistent with U~iform Building
Code standards. The project will not expose people or pwperty to geologic hazards such as
landslides; mudslides, Found failure or liquefaction. No known landslides are located on the site,
and the potential for exposure of people w landslides is low due to the topography of the site and
potential locations of building pad(s). The same is true for mudslides. The potential for ground
failure and liquefaction is also low in this area. The above information was obtained through the
City of Temecula General Plan Draft Environmental Impact Report (dated August 12, 1992) and
the Southwest Area Community Plan Final Environmental Impact Report {adopted May, 1989).
No. The Change of Zone request site does not propose, nor will any future development occur
within an Alquist-Prinlo Special Studies Zone as identified by the State of California, Resource
Agency Department of Conservation Special Studies Zone Map.
Maybe. The Change of Zone request will not immediately result in air emissions, in the
deterioration of ambient air quality and in the creation of objectionable odors, however, the Change
of Zone from high-density Residential to Commercial-Office may create situations whereby air
emissions may increase (during peak AM and PM traffic). Any potential increase will be addressed
at the development review stage and can be mitigated through conditions of approval. Ultimate
development of the site may result in air' emissions, in the deterioration of ambient air quality, and
inthecreationofobjectionableodorsduringtheconstrnctionphase. These impacts will be of short
duration and will not be considered significant in the long-rnn.
No. The Change of Zone request will not immediately result in, nor shall any future development
of this site result in alterations of air movement, temperature, or moisture, or in any change in
climate either locally or regionally.
No. The Change of Zone request will not result in, nor will ultimate development of the site result
in changes to currents, to the course or direction of water movements in either marine or fresh
waters. The project site is not located adjacent W either marine or fresh water sources.
Yes. The Change of Zone request will not immediately result in changes to absorption rates,
drainage patterns and the rate and amount of surface runoff, however future development on the
site will result in changes when a project is realized, Previously permeable ground will be rendered
impervious by construction of buildings, accompanying hardscape and driveways. While absorption
rates and surface runoff will change, any impacts can be mitigated through site design at the
development review stage. Drainage conveyances will be required which will safely and adequately
handle any of the runoff which is created by the realization of a project at this site. Any impacts
will not be considered significant.
No. The Change of Zone proposal will not result in, nor will any future development of the site
result in alterations to the course or flow of flood waters. The project is not located within or
adjacent to an identified floodway.
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3.d.
No. The Change of Zone proposal will not result in a change in the mount of surface water in
any waterbody. Ultimate development of the site will result in an incremental change in the amount
of surface water generated, however, as discussed in response 3.c., these impacts are not foreseen
as being significant. Furthermore, no major waterbodies are located in the subject project area.
3.e.
Maybe. The Change of Zone request will not immediately result in, nor shall any future
development of the site result in any discharge into surface waters or in any alteration of surface
water quality. Prior to issuance of a grading permit for any development proposal, the developer
will be required to 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.
By complying with the NPDES requirements, any potential impacts can be mitigated to a level less
than significant.
3.f.
No. The Change of Zone request will not result in an alteration of the direction or rate of flow of
groundwaters. In addition, ultimate development of the site will not result in an alteration of the
direction or rate of flow of ground waters. Construction on the site will not be at depths sufficient
to have an impact on ground waters.
3.g.
No. Neither the Change of Zone proposal nor any future development on the site will result in a
change in the quantity of ground waters, either through direct additions, withdrawals, or through
interception of an aquifer by cuts or excavations. Reference response 3.f.
3.h.
Maybe. The Change of Zone request will not immediately result in a reduction in the amount of
water otherwise available for public water supplies. Any potential significant impacts to the amount
of water otherwise available for public water supplies will be ascet'Xained at the development review
stage. If any potentiai impacts are identified, then they will be mitigated through project design.
Based upon the acreage of the parcel, the availability of water and observation of similar type
projects within the area, any potential impacts are seen as insignificant.
3.i.
No. The proposal will not expose people or property to water related hazards such as flooding.
Reference response 3.c.
Plant Life
4.a.
No. The Change of Zone request will not immediately result in a significant change to the diversity
of species, or number of any native species of plants, nor will any f~ture development of the site.
The site has been previously graded and consists of sporadic groupings of shrubs. The site is
considered "in~ll" with development existing to the north, west and south.
4.b.
No. Neither the Change of Zone request nor any future development on the site will result in a
reduction of the numbers of any unique, rare, threatened, or endangered species of plant. There
are no unique or rare plants on the site. In addition, threatened or endangered species will not be
significantly affected (Reference response 4.a.).
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4.c.
No. The Change of Zone request will not immediately result in the introduction of new species
to the site. Upon ultimate development on the site, new species of plants may be introduced. No
significant native vegetation has been identified on the site, therefore, no significant impacts are
expected from the introduction of these species. Any future development of the site will not result
in the creation of a barrier to the normal replenishment of existing species due to the fact that the
site is surrounded by existing development to the.north, west and south. No significant impacts
are anticipated as a result of this project.
4.d.
No. The Change of Zone request will not immediately result in a reduction in the acreage of any
agricultural crop, nor will any.future development on the site. No prime farmland, farmland of
statewide or local importance, or unique farmland is located within the project site. No significant
impacts are anticipated as a result of this project.
Animal Life
5.a,b,
d,e.
Maybe. The Change of Zone project site lies within the Riverside County Stephens Kangaroo Rat
Habitat Conservation Plan Preliminary Study Area. The potential for the change in the diversity
and number (reduction) of the species, producing a barrier to the migration of Stephens Kangaroo
Rat as well as the deterioration of its habitat exists within the project area. Since a Habitat
Conservation Plan has not been established as of this date, the impacts to the Stephens Kangaroo
Rat may be mitigated through the payment of the Interim Mitigation Fee pursuant to Ordinance No.
663. This fee will be imposed as a Condition of Approval for a project at this site. No other
sensitive species have been identified upon the site.
No. The Change of Zone request will not immediately result in the introduction of any new
wildlife species into the area, nor will any subsequent development projects.
Noise
6.a.
Yes. The Change of Zone request will not immediately result in increases to existing noise levels,
however it may facilitate increases due to the fact that the owner of the property may choose to
develop the site under the Commercial-Office designation (hence the request to change zoning
designations from High-Density Residential to Commercial-Office). Upon ultimate development
of the site; there will be resultant increases to existing noise levels. The land is currently vacant
and any developmere of the land would result in increases to noise levels during construction phases
as well as increases to noise in the area over the long run. These impacts will not be considered
significant due to the fact that the potential for noise impacts will be discussed at the development
review stage and mitigated through site design (i.e. buffering, setbacks).
6.b.
Maybe. The Change of Zone request will not immediately result in the exposure of people to
severe noise levels. Ultimate development ofthe site may expose people to strong noise leveis due
to the fact that the subject project site is adjacent to a heavily travelled thoroughfare CRancho
California Road). Any potential impacts can be addressed at the development review stage and
mitigated through project design (i.e. walls, berms, landscaping and buffering). In addition,
development of the site may expose people to severe noise levels during the
development/construction phase. Grading machinery is capable of producing noise in the range of
100+ dBA at 100 feet which. is considered very annoying and can cause hearing damage from
steady 8-hour exposure. The noise will not be considered significant since it will be of short
duration.
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6.c.
No. The Change of Zone will not immediamly result in the exposure of people m severe
vibrations, nor shall it have any impa~ts in this area in the future. No significant impacts are
anticipated as a result of this project.
Lieht and Glare
Yes. The Change of Zone/equest will not immediately produce or result in light or glare,
Ultimate development on the site will result in new light sources. All light and glare has the
potential to impact the Mount Palomar Observatory. No impacts are foreseen from light and glare
since any future development on the site will be conditioned to be consistent with Ordinance N0.
655 (Ordinance Regulating Light Pollution).
Land Use
8.a.
Yes. The Change of Zone request will alter the present land use of the area particularly the land
use designation for the site. The site is currently vacant. When a development project is realized
on the site the use of the land will be altered. The Change of Zone request will be consistent with
the future General Plan land use designation for the site and is consistera with other development
in the area. Due to the Commercial-Office natore of the project and consistency with area
development, no impacts are anticipated.
8.b.
No. The Change of Zone request will not result in an alteration to the futore planned land use of
the site as described in the City's future General Plan. Although the General Plan has not been
adopted by the City Council, the recommended land use designation for the site is Professional
Office. There is a likely probability that the Change of Zone request to Commercial-Office would
be consistent with this land use designation, and the City's fotore General Plan.
Natural Resources
9.a,b.
Yes. The Change of Zone request will not immediately result in an increase in the rate of use of
any natural resource or the depletion of any nonrenewable resource. Ultimate development of the
site with Commercial-Office uses will result in an increase in the rate of use of natural resources
(construction materials, fuels for the daily operation, asphalt, lumber) and the subsequent depletion
of these non-reneWable natural resources. Due to the scale of any proposed development, these
impacts are not seen as significant.
Risk of Unset
10.a,b.
No. The Change of Zone request will not result in a risk of explosion, or the release of any
hazardous substances in the event of an accident or upset conditions, since none are proposed in
the request. Upon ultimate development of the site, the risk of explosion or the release of
hazardous substances in the event of an accident or upset conditions shall be relatively low based
upon permitted uses within the Commercial-Office zone. Any uses which may pose a greater risk
will require a Conditional Use Permit, therefore, any potential impact can be addressed and
mitigated at the development review stage. The same explanations apply to the use, storage,
transport or disposal of any hazardous or toxic materials.
R:\S\STAFFRPT~23CZ.PC 2~2~93 klb 25
lO.c.
No. Neither the Change of Zone request nor subsequent development projects on the site will
interfere with an emergency response plan or an emergency evaluation plan. The subject site is
not located in an area which could impact an emergency response plan. Any future development
will ultimately take access from a maintained street and will therefore not impede any emergency
response or emergency evacuation plans.
Population
11.
Maybe. The Change of Zone request will not immediately result in altering the location,
distribution, density or growti3. rate of the human population of the area, however it may facilitet~
it. Ultimate development of Commercial-Office uses on the site will generate jobs which in turn
may result in incremental alterations to the location, distribution, density and growth of human
population in the area. Impacts are not seen as significant due to the face that sufficient
infrastructure exists in the area.
12.
Maybe. Reference response 11. An increase in population may result in an increased affect on
existing housing and has the potential to create a demand for additional housing. These increases
will not pose a significant impact to the existing or future housing stock within the area due to the
fact that existing housing stock and future housing stock will be sufficient to accommodate any
increases in population.
Transportation/Circulation
13.a.
No. The Change of Zone request will not immediately result in the generation of substantial
additional vehicular movement. Information contained in the Focused Traffic Analysis (prepared
by Ahmad E. Aburahmah, P.E. dated October 26, 1992) indicates that any future development of
the site will result in the maintenance of Levels of Service (LOS) "C" for intersections affected by
the project and LOS "D" or better maintained at the intersection of Raneho California and Ynez
Roads during peak AM and PM hours. These levels of service are acceptable to City standards.
According to Goal 1 of the Circulation Element of the draft General Plan: "... Strive to maintain
level of Service "D" or better at all intersections within the City during peak hours and Level of
Service "C" or better during non-peak hours." No significant impacts are expected from ultimate
development of the site.
13.b.
Yes. The Change of Zone request will not immediately affect existing parking facilities, nor will
it immediately result in an increased demand for new parking. Upon ultimate development of the
site, there will be an increased demand for new parking which will be required for the project as
per City Ordinance. Off-site parking will be required and consistency with City Ordinances
regarding the mount of off-street parking required/provided will be reviewed during the
development review stage. No significant impacts are foreseen.
13.c.
Maybe. The Change of Zone request will not create impacts upon existing transportation systems,
including public transportation. Upon ultimate development of the site, impacts may occur to
existing systems, including public transportation. Mitigation measures included in the focused
traffic analysis include coustruceion of Rancho California Road and Lyndie Lane to their ultimate
full section width, construction Moraga Road to its ultimate half-section width, payment of signal
mitigation fees and the striping of a 200 foot left~turn pocket for westbound traffic on Ranthe
California Road turning south bound onto Moraga Road and Lyndie Lane. Any impacts upon
R:\S\STAFFRPT~23CZ.PC 212/93 klb 26
public transportation can be mitigated at the design/development review stage of the project by
adhering to recommendations from the Riverside Transit Agency (RTA). Current RTA service
exists along Rancho California Road in proximity of the subject project site.
13.d.
Maybe. The Change of Zone request will not immediately result in alterations to present patterns
of circulation or movement of people and/or goods, however it may facilitate it. Ultimate
construction of Commercial Office uses on the sit~ may result in alterations to present patterns of
circulation or movement of people and/or goods. The proposal to add Moraga Road and Lyndie
Lane will represent a physical modification to existing transportation routes. The alterations will
not be seen as significant due to the fact that the alterations to present patterns of
circulation/movement of people and/or goods will Serve the subject project.
13.e.
No. Neither the Change of Zone request nor future development proposal on the subject site will
result in alterations to waterborne, rail or air traffic since none exists currently in the proximity of
the site and none are proposed.
13.f.
Maybe. The Change of Zone request will not immediately result in an increase in traffic hazards
to motor vehicles, bicyclists or pedestrians, however, ultimate development of the site may result
in an increase in traffic hazards to the above mentioned areas. Any impacts can be mitigated to
a level less than significant through site design which is consistent with City standards. Potential
conflicts can be mitigated at the development stage of the project.
Public Services
14.a,b.
Maybe. The Change of Zone request will not immediately have a substantial effect upon, or result
in a need for new or altered fire or police protection, however, upon ultimate development of the
site with Commercial-Office uses, impacts may occur in these areas. Fire mitigation fees will be
required to be paid prior to the issuance of building permits for any development project on the
site. These fees will offset any impacts which are created by the new development. There may
be a resultant increase in the need for police protection due to the fact that increases in commercial
development ultimately generates the need for additional housing stock (reference response No. 12).
Any impacts to existing and future levels of service for police protection can be mitigated through
the revenue generators which fund the City's police force (i.e. sales tax, property tax, transient
occupancy tax, motor vehicle tax, etc.). These impacts are not seen as significant.
14.c.
Maybe. The Change of Zone request will not immediately have a substantial effect upon or result
in a need for new or altered school facilities, however, ultimate development of the site with
Commercial Office uses may generate the need for additional housing stock (reference response No.
12). The resultant rise in residential development may generate the need for additional/expanded
school facilities. Any impacts can be reduced to a level less than significant through the payment
of school fees which will be required to be paid prior to the issuance of building permits for any
development on the site.
R:\S%STAFFRPT%23CZ.PC 2/2/93 klb 27
14.d.
14.e.
14.f.
Energy
15.a,b.
Utilities
16.a
16.b.
Maybe. The Change of Zone request will not immediately have a substantial effect upon or result
in a need for new or altered parks or other recreational facilities, however, future development of
the site with Commercial Offtee uses may. As mentioned in Response No. 12, commercial
development may result in an increase in demand for additional housing stock. Additional
residential units may result in a need for new/expanded park and/or recreational facilities. Quimby
fees are required to be paid as part of development of residential units to finance the
creation/expansion of park and recreation facilities. Due to payment of these fees, plus the limited
scale of the project, any impacts will be incremental and can be mitigated to a level less than
significant.
Maybe. The Change of Zone request will not immediately have a substantial effect upon or result
in a need for maintenance of public facilities, including roads, however, future development of the
site may result in a need for the maintenance of the above mentioned facilities. Funding for
maintenance of roads is derived from the Gasoline Tax which is distributed to the City of Temecula
from the State of California. Impacts W current and future needs for malntenanea of roads as a
result of the ultimate development of the site will be incremental, however, they will not be
considered significant. This is due to the fact that the Gasoline Tax is sufficient to cover any of
the proposed expenses.
Maybe. The Change of Zone request will not immediately have a substantial affect upon or result
in a need for new or altered library services, however, future development on the site may have
an impact upon the above mentioned services. As has been previously discussed (reference
Response No. 12), additional commercial uses in an area may generate the need for additional
housing stock. This in turn will result in an incremental increase in result in an incremental
increase in demand for library facilities. These impacts are not seen as significant and can be
mitigated to a level less than significant through payment of library fees. These fees are paid on
residential units prior to the issuance of building penits. No other governmental series will be
affected.
No. Neither the Change of Zone request, nor any future development on the site will result in the
use of substantial mounts of fuel or energy, nor will there be any subsequent increase in demand
upon existing sources of energy or require the development of new sources of energy. Increases
will occur as a result of ultimate construction of Commercial-Office uses on the site. These
increases will be limited due to the scale of the project, and are therefore, not seen as significant.
Maybe. Neither the Change of Zone request, nor any subsequent development on the site will
result in a need for new systems or substantial alterations to power or natural gas. The project site
is within proximity of existing facilities. In addition, any proposal would be seen as an "in-fill"
project with existing uses to the south, north and west. Any potential impacts are not seen as
significant.
No.' Neither the Change of Zone request, nor any subsequent development on the site will result
in a need for new systems or substantial alterations to communication systems.
R:\S\STAFFRPT~23CZ.PC 212193 klb 28
16.c.
No. Neither the Change of Zone request, nor any subsequent development on the site will result
in a need for new systems or substantial alterations to water systems. Reference letter dated
December 24, 1992 from Rancho California Water District (RCWD) which states: "Water
service .... would be available upon completion of financial arrangements between RCWD and the
property owner'*. The above mentioned letter is on file with the City of Temecula Planning
Department.
16.d.
No. Neither the Change of Zone request, nor any subsequent development ~n the site will result
in a need for new systems or substantial alterations to sanitary sewer systems. According to the
City of Temecula DraR General Plan Environmental Impact Report (EIR) dated August 12, 1992,
implementation of the General Plan (of which this project is considered consistent with) any future
project on the site would not significantly impact wastewater services.
16.e.
No. Neither the Change of Zone request, nor any subsequent development on the site will result
in a need for new systems or substantial alterations to storm water drainage systems (reference
response No. 3.b,c.).
6.L
No. Neither the Change of Zone request, nor any subsequent development on the site will result
in a need for new systems or substantial alterations to solid waste disposal systems. Any impacts
from solid waste created by future development on the site can be mitigated through participation
in any Source Reduction and Recycling Programs which are implemented by the City.
16.g.
No. Neither the Change of Zone request, nor any subsequent development on the site will result
in a disjointed or inefficient pattern of utility delivery system improvements for any of the above
due to the "in-fill" nature of the project.
Human Health
17.a,b.
No. Neither the Change of Zone request nor any future development on the site will result in the
creation of any health hazard or potential health hazard. The County of Riverside Health Services
Agency has reviewed the Change of Zone request and has voiced no objections to the project
(County of Riverside Health Services Agency transmittal dated December 30, 1992, a copy of
which is on file with the Planning Department). In addition, neither the current proposal nor any
future development will expose people to potential health hazards.
Aesthetics
18.a.
No. Neither the Change of Zone request, nor any subsequent future development on the site will
result in the obstruction of a scenic vista or view open to the public. As has been previously
mention, the subject project site is considered an "in-fill" site. No vistas or views open to the
public exist at the site.
18.b.
No. Neither the Change of Zone request, nor any future development on the site will result in the
creation of aesthetically offensive site open to public view. Currently, the site is vacant and has
been graded. Manufactured slopes which are visible along Rancho California Road exist on the
site and have not been landscaped. Upon development of the site with Commercial-Office type
uses, the slopes will be required to be landscaped to City Standards. Development projects for the
site will need to be consistent with City Ordinances and shall be reviewed during the development
review process. Any potential negative aesthetic impacts can be mitigated at this time.
R:\S~STAFFRPT~23CZ.pC 2/2/93 klb 29
18.c.
No. Neither the Change of Zone request, nor any future development on the site will result in
detrimental visual impacts on the surrounding area (reference response 18.b. for negative aesthetic
impact mitigation).
Recreation
19.
No. Neither the Change of Zone request, nor any future development on the site will result in
impacts to the quality or quantity of existing recreational resources or opportunities. The site is
currently vacant and is not being used for either passive or active recreational purposes. Quimby
fees will be indirectly associated with ultimate development of the site (reference response No.
14.d.) and these fees will contribute to a fund to allow for future park acquisition.
Cultural Resources
20.a.
No. Neither the Change of Zone request, nor any future development on the site will result in the
alteration or destruction of any paleontologic, prehistoric, archaeological or historic site. No
palcontologic, prehistoric, archaeological or historic sites exist on the subject project site. This
determination is based upon information contained in the City of Temecula Draft General Plan
Environmental Impact Report (datul August 12, 1992) and the Southwest Area Community Plan
Final Environmental Impact Report (adopted May, 1989).
20.b.
No. Neither the Change of Zone request, nor any future development on the site will result in
adverse physical or aesthetic effects to a prehistoric or historic building, structure or object. None
exist or are known to exist on the site (reference response No. 20.a.).
20.c.
No. Neither the Change of Zone request, nor any future development on the site will have the
potential to cause a physical change which would affect unique ethnic cultural values. No "unique"
ethnic cultural values exist on-site or in proximity to the site (reference response No. 20.a.).
20.d.
No. Neither the Change elT Zone request, nor any future development on the site will result in
restrictions to existing religious or sacred uses within the potential Impact area. None exist or are
known to exist on the site (reference response No. 20.a.).
R:\S~STAFFRPT%23CZ.pC 2/2/93 Idb 30
IV. MANDATORY FINDINGS OF SIGNI~'ICANCE
Does the project have the potential to either: degrade
the quality of the environment, substantially reduce the
habitat of a fish, wildlife or bird species, cause a fish,
wildlife or bird population to drop below self sustaining
levels, threaten to eliminate a' plant, bird or animal
species, or eliminate important examples of the major
periods of California history or prehistory?
Yes Maybe N_.q
_ _ X
Does the project have the potential to achieve short
term, to the disadvantage of long term, environmental
goals? (A short term impact on the environment is one
which occurs in a relatively brief, definitive period of
time while long term impacts will endure well into the
future.)
X
Does the project have impacts which are individually
limited, but cumulatively considerable.'? (A project's
impact on two or more separate resources may be
relatively small, but where the effect of the total of
those impacts on the environment is significant.)
X
Does the projeCt have environmental effects which will
cause substantial adverse effects on human beings,
either directly or indirectly? .
X
V. DEPARTMENT OF FISH AND GAME "DE MINIMUS" IMPACT FINDINGS
Does the project have the potential to cause any adverse effect,
either individually or cumulatively~ on fish and wildlife resources.'?
Wildlife is defined as "all wild animals, birds, plants, fish,
amphibians, and related ecological communities, including the
habitat upon which the wildlife depends on for it's continued
viability" (Section 711.2, Fish and Game Code).
Yes
X
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ENVIRONMENTAL DETERMINATION
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on
the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect
on the environment, there WILL NOT be a significant effect in this case
because the Mitigation Measures described on the auached sheets and
in the Conditions of Approval that have been added to the projea will
mitigate any potentially significant impacts to a level of insignificance;
and a NEGATIVE DECLARATION will be prepared.
X
I find {he proposed project MAY have a significant effect on the
environment, and an ENVIRONMENTAL IMPACT REPORT is required.
Prepared by:
Assistant Planner
Date
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ATTACHMENT NO. 5
TURNING MOVEMENT VOLUME TABLES
R:\S\STAFFRP'r~23CZ.PC 2/2/93 klb 33
Turning Movement
Eastbound
Rancho California Rd.
Westbound
Rancho California Rd.
TABLE 1
RANCHO CALIFORNIA AND YNEZ ROADS
TURNING MOVEMENT VOLUMES
Existing Peak
IAM/PM)
Existing Plus Project Peak
(AM/PM)
451/1,297 515/1,420
819/828 965/871
% Change
(AM/PM)
12.4/8.7
15.1/4.9
TABLE 2
VIA LAS COLINAS AND RANCHO CALIFORNIA ROAD
TURNING MOVEMENT VOLUMES
Existing Peak Existing Plus Project Peak
Turning Movement (AM/PM~ (AM/PM)
V~a Las Cohnas to
Rancho California Rd.
(eastbound) 10/29 10/29
VIa Las Colinas to
Rancho Cahfornm Rd.
(westbound) 34/62 38/64
Eastbound
'Rancho California Rd.
to Via Las Colinas 34/21 39/25
Westbound
Rancho California Rd.
to Via Las Colinas 16/8 16/8
% Change
{AM/PM)
0/0
10.5/3.1
12.8/16
0/0
R:\S\STAFFRPT~23CZ.PC 2/2/93 klb 34
TABLE 3
LYNDIE LANE AND RANCHO CALIFORNIA ROAD
TURNING MOVEMENT VOLUMES
TUrning Movement
Lyndie Lane (northbound) to
Rancho California Rd. (westbound)
Lyndie Lane (northbound) to
Rancho California Rd. (eastbound)
Rancho California Rd. (westbound)
to Lyndie Lane (southbound)
Rancho California Rd. (eastbound)
to Lyndie Lane (southbound)
Existing Plus Project Peak
(AM/PM}
142/41
35/72
95/30
59/119
TABLE 4
MORAGA AND RANCHO CALIFORNIA ROAD
TURNING MOVEMENT VOLUMES
Turning Movement
Rancho California Road {oastbound) to
Moraga Road (southbound)
Moraga Road (southbound) across
Rancho California Rd.
Moraga Road (northbound) to
Rancho California Rd,
Moraga Road (northbound) across
Rancho California Rd.
Moraga Road (northbound) to
Rancho California Rd. (eastbound)
Rancho California Rd, (westbound) to
Moraga Road (southbound)
Rancho California Rd. (westbound
across Moraga Road
Rancho California Rd. (eastbound)'across
Moraga Road
Existing Peak
(AM/PM)
0/0
0/0
0/0
0/0
0/0
0/0
913/568
393/963
Existing Plus Project
Peak,
(AM/PM)
0/0
29/13
0/0
16/20
24/6
23/21
1,018\596
428/1,035
R:\S~STAFFRPT~23CZ.PC 2/2/93 klb 35
ITEM #3
STAFF REPORT ~ PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
March 1, 1993
Case No.: Outdoor Advertising Displays Ordinance
Prepared By:' Matthew Fagan
RECOMMENDATION:
Consider the deletion of the hardship ~rovisions of the existing
ordinance and make a recommendation to the City Council;
Provide direction to Planning Staff as To what steps should be
taken to address 'potential permitting of Outdoor Advertising
Displays within the City of Temecula;
ADOPT Resolution No. 93-
ordinance entitled:
recommending adoption of an
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING REGULATIONS FOR THE USE OF
OUTDOOR ADVERTISING DISPLAYS."
APPLICATION INFORMATION
APPLICANT:
City of Temecula
PROPOSAL:
An Ordinance establishing regulations for the use of Outdoor
Advertising Displays.
LOCATION: City Wide
BACKGROUND
The City of Temecula has adopted a number of Ordinances regulating Outdoor Advertising
Displays. Following is a chronology of Ordinances regulating Outdoor Advertising Displays:
Ordinance No. 90-08:
Adopted on April 24, 1990 and expired on June 8, 1990.
Ordinance No. 90-08 was an Urgency ordinance adopting an
interim zoning ordinance pertaining to regulations for Outdoor
Advertising Displays. Section 3 (a) stated: "Pending the
completion and adoption of the General Plan of the City of
Temecula together with associated signage regulation for the
Land Use Code for the City of Temecula, the establishment of
Outdoor Advertising Display is hereby prohibited and no
application for sign location plan, plot plan or other applicable
discretionary entitlement for an Outdoor Advertising Display shall
be accepted, acted upon, or approved."
R:\S\STAFFRPT%OUTDOOR.PC 2/24/93 t~ 1
Ordinance No. 90-09:
Adopted on June 5, 1990 and expired on April 24, 1991.
Ordinance No. 90-09 was an urgency ordinance which extended
interim Ordinance No~ 90-08.
Ordinance No. 91-17:
Ordinance No. 92-06:
Adopted on April 23~ 1991 and expired on April 23, 1992.
Ordinance No. 91-17 was an urgency ordinance which further
extended interim Ordinance No. 90-08.
Adopted on April 28, 1992 and will expire on April 28, 1993.
Ordinance No. 92-06 is an ordinance pertaining to sign
regulations and establishes regulations for the use of Outdoor
Advertising Displays. Section 4.A. of Ordinance No. 92-06
contains a hardship provision which would permit commercial
off-premises signs, provided that a finding of hardship is made by
the Planning Commission. Following a noticed public hearing, a
commercial off-premises sign may be approved subject to
compliance with the provisions of Riverside County Ordinance
No. 348, Article XIX (Advertising Regulations).
Ordinance No. 92-07:
Adopted concurrently with Ordinance No. 92-06 as an urgency
ordinance.
DISCUSSION
Exoiration of Ordinance NO. 92-06
As discussed above in the Background Section, Ordinance No. 92-06 will expire on April 28,
1993, Planning Staff has determined that a permanent Ordinance establishing regulations for
the use of outdoor advertising displays should be adopted for the following reasons:
The draft General Plan contains goals within the Community Design Element which
would encourage regulation of Outdoor Advertising Displays in excess of that which
is contained in Section 19.3 of Ordinance No. 348 relative to Outdoor Advertising.
According to the draft General Plan, "the goals and policies of the Community Design
Element serve as the basis for the formulation of specific development code regulations
as well as the development design guidelines for residential and non-residential uses."
Goal 2 of the Community Design Element explicitly calls for: "Design excellence in site
planning, architecture, landscape architecture and signage in new development and
modifications to existing development." In addition, Goal 3 of this same Element calls
for: "Preservation and enhancement of the positive qualities of individual districts or
neighborhoods." At the current time, no mechanisms are in place which would afford
Planning Staff the regulatory authority desired/recommended in the draft General Plan
for the regulation of outdoor advertising displays.
Section V of the draft General Plan calls for implementation programs for the
Community Design Element. It is stated in Section V: "In many cases the goals,
policies and recommendations provided in the element may provide adequate
information to assist the City staff and decision-makers in their daily actions.
However, in certain cases, because of the need for special detailed studies additional
work may be necessary."
R:%S~STAFFRPT%OUTDOOR.pC 2/24/93 tie 2
Section D.2. of Section V states: "A detailed study of Sign Code provisions based
upon the General Plan policies should be conducted to assure consistency. Special
guidelines would be formulated for signage within residential, commercial and industrial
areas." This has also been the direction provided by the City Council at the April 14,
1992 meeting (see Attachment No. 3). Until this Special Study is completed, the
proposed Ordinance should remain in effect.
The "Hardship" Clause
Two applications for Outdoor Ad~/ertising Displays (Plot Plan No. 245, Amendment No. 1 and
Plot Plan No. 246, Amendment No. 1 ) were submitted under the hardship provision contained
in Section 4.A. of Ordinance No. 92-06. These Plot Plan applications were denied by the
Planning Commission and subsequent Appeals of these denials were denied by the City
Council. During the review process, Planning staff had difficulty determining what actually
constituted a "hardship". Subsequent to the appeals being denied, Staff requested
clarification of the hardship provision by the City Attorney. The City Attorney advised staff
to eliminate the hardship clause from the current ordinance and present the ordinance to the
City Planning Commission for consideration and recommendation to the City Council. The
hardship clause was originally placed in Ordinance No. 92-06 by the City Council (see
Attachment No. 3). However, the Council in their consideration of the aforementioned
appeals, did not provide direction to staff with respect to elimination of the hardship clause.
Therefore, staff is requesting that the Planning Commission make a recommendation to the
City Council relative to this matter.
Effective Time Period of Prooosed Ordinance
Section 10 of Ordinance No. 92-06 stated: "This Ordinance shall expire upon one year
following its effective date." Planning Staff has deleted this section from the proposed
Ordinance due to the fact that the proposed Ordinance needs to remain in effect until it is
replaced by a specific sign ordinance which regulates Outdoor Advertising Displays.
PermittinQ Process
Currently, Planning Staff is utilizing Section 19.3 of Ordinance No. 348 and the subsequently
adopted ordinances which regulate the establishment of Outdoor Advertising Displays within
the City: It is anticipated that Outdoor Advertising Displays will be addressed in a future
comprehensive sign ordinance. Until the future comprehensive sign ordinance is adopted,
Staff will continue to utilize Ordinance No. 348 and any subsequent ordinances pertaining to
the regulation of Outdoor Advertising Displays as well as the City's future General Plan when
reviewing future applications for Outdoor Advertising Displays.
CONCLUSION
The City of Temecula City Council has adopted several Ordinances regulating the
establishment of outdoor advertising displays. Outdoor Advertising Displays have been
prohibited in the City of Temecula since April 24, 1.990. Ordinance No. 92-06 will expire on
April 28, 1993. No subsequent Sign Ordinance has been adopted by the City of Temecula
in the interim, therefore, Planning Staff is bringing the current ordinance before the Planning
Commission to extend it until a specific sign ordinance which regulates Outdoor Advertising
Displays is adopted.
R:\S\STAFFRPT~OUTDOOR. pC 2/24/93 tie 3
FUTURE GENERAL PLAN CONSISTENCY
As discussed in the Background Section of this report, the draft General Plan contains goals
within the Community Design Element which would encourage regulation of Outdoor
Advertising Displays in excess of that which is contained in Section 19.3 of Ordinance No.
348 relative to Outdoor Advertising. In addition, Section D.2. of Section V of the Community
Design Element of the draft General Plan states: "A detailed study of Sign Code provisions
based upon the General Plan poticies should be conducted to assure consistency. Special
guidelines would be formulated for signage within residential, commercial and industrial
areas." Until this Special Study iscompleted, the proposed Ordinance should remain in effect.
Based upon these draft policies, there is a likely probability that the proposed ordinance wili
be consistent with the City's General Plan upon its ultimate adoption.
ENVIRONMENTAL DE'I'ERMINATION
This Ordinance does not have a potential for causing a significant effect on the environment.
Therefore, Staff has determined that the project is exempt from California Environmental
Quality Act (CEQA) under Section 15061 (b)(3}.
FINDINGS
The proposed Outdoor Advertising Displays Ordinance is necessary to bring about
eventual conformity with the City's future General Plan, specifically, the Land Use and
Community Design Elements.
There is a reasonable probability that the proposed Outdoor Advertising Display
Ordinance will be consistent with the Community Design Element of the City's future
General Plan, which will be completed in a reasonable time. In addition, there is a
likely probability that the Outdoor Advertising Display Ordinance will be in accordance
with the goals and/or pol!cies of the City's future General Plan.
There is not a likely probability of substantial detriment to or interference with the
future General Plan, if the proposed policies are ultimately inconsistent with the plan,
due to the fact that policies Will be adopted for the new General Plan. Therefore, it is
likely that the City will consider these policies during their preparation of the General
Plan.
Attachments:
Resolution No. 93- . - Blue Page 5
Ordinance No. 93- - Blue Page 8
City Council Minutes dated April 14, 1992 - Blue Page 13
R:\S%STAFFRPT%OUTDOOR.pC 2/24/93 tie 4
ATTACHMENT NO. 1
PC RESOLUTION NO. 93-
R:\S\STAFFRPT%OUTDOOR.PC 2/24193 tie 5
PC RESOLUTION NO.
RESOLUTION OF ~ PLANNING COMMISSION OF ~
CITY OF TEMECULA RECOMMENDING ~ CITY
COUNCIL ADOPT ~ ORDINANCE NO. 93-
I~LA. TIVE TO OUTDOOR ADxgERTISING DISPLAYS.
WHI~,REAS, City Ordinance No. 90-04 adopted by reference certain portions of the non-
codified Pdverside County OrdinanCes, including Ordinance No. 348 ("I~nd Use Code"); and
WI~-REAS, such regulations do not contain adequate provisions for the use of outdoor
advertising displays; and
WIT?~REAS, the City of Temecula desires to regulate the use of outdoor advertising
displays and to protect the health, quality of life, and the environment of the residents of
Temecula; and
WFW. REAS, The City of Temecula City Council has adopted several Ordinances
regulating the establishment of outdoor advertising displays, prohibiting these displays in the
City of Temecula since April 24, 1990; and
WHF~REAS, a public hearing was conducted on March 1, 1993, at which time interested
persons had an opportunity to testify either in support or opposition; and
WtII~.REAS, notice of the proposed Ordinance was posted at City Hall, the County
Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of
Commerce;
NOW, THE~REFORE, THE PLANNING COMMISSION OF ~ CITY OF
TEMECULA DOES RESOLVE, DETER_MINE AND ORDER AS FOLLOWS:
Section 1. That the Planning Commission of the City of Temecula hereby finds that
the proposed Outdoor Adverting Displays Ordinance will provide for the establishment of
regulations for outdoor advertising displays in a fair and equitable manner.
Section 2. That the Planning Commission of the City of Temecula further f'mds that
the proposed Outdoor Advertising Displays Ordinance is necessary to bring about eventual
conformity with the General Plan's Community Design Element.
Section 3. That the Planning Commission of the City of Temecula hereby fmds that
this Ordinance does not cause a significant affect on the environment. Therefore, the proposed
Ordinance is exempt from the California Environmental Quality Act under Section 15061 (b)(3).
R:\S\STAFFRPT~OUTDOOR.PC 2/24/93 tie 6
Section 4. That the Planning Commission of the City of Temecula hereby
recommends to the City Council adoption of the proposed Outdoor AdvertiSing Displays
Ordinance. The Ordinance is incorporated into this Resolution by this reference and marked
Attachment "2".
PASSED, APPROVED AND ADOFrED this 1st day of March,: 1993.
L1NDA L. FAItEY
CHAIRMAN
I n!~.REIIy CERTII~ that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular!meeting thereof, held on the 1st day of March,
1993 by the following vote of the Commission.
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
GARY THORNI-mJ,
SECRETARY
R:\$\STAFFRPT~OUTDOOR.PC 2/24~93 tis 7
ATTACHMENT NO. 2
ORDINANCE NO. 93---
R:\S\STAFFRPT~OUTDOOR.PC 2/24/93 fie ~
ORDINANCE NO.
AN ORDINANCE OF ~ C1TY COUNCIL OF TH'F, CITY '
OF TEIVIECULA ESTABLL~HING REGULATIONS FOR ~
USE OF OUTDOOR ADVERTISING DISPLAYS.
THE CITY COUNCIL OF TH~ CITY OF 'rP. MECULA DOES I-IERI:~Y ORDAIN AS
FOLLOWS:
Section 1. FindinEs That the Temecula City Council hereby makes the following
findings:
Pursuant to Government Cede Section 65360, a newly incorporated City shah adopt a
general plan within thirty (30) months following incorporation. During that 30-month period
of time, the City is not subject to the requirement that a general plan be adopted or the
requirements of state law that its decisions be consistent with the general plan, ff all of the
following requirements are met:
A. The City is proceeding in a timely fashion with the preparation of the General Plan.
B. The planning agency fmds, in approving projects and taking other actions, each of
the following:
1. There is a reasonable probability that the land use or action proposed will be
consistent with the General Plan proposal being considered at the current time.
2. Them is little or no probabffity of substantial detriment to or interference with
the future adopted general plan ff the proposed use or action is ultimately inconsistent with the
plan.
3. The proposed use or action complies with all other applicable requirements
of state law and local ordinances.
The Riverside County General Plan, as amended by the Southwest Area Community Plan,
(hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan
for the southwest portion of Riverside County, including the area now within the boundaries of
the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City
is proceeding in a timely fashion with the pnparafion of its General Plan.
The proposed land use regulations axe consistent with the SWAP and meet the
requirements set forth in Section 65360 of the Government Cede, to wit:
C. The City is proceeding in a timely fashion with the preparation of the General Plan.
D. The City Council finds, in adopting land use regularions pursuant to this rifle, each
of the following:
R:\S\STAFFRPTXOUTDOOR.PC 2/24/93 tis 9
1. There is reasonable probability that Ordinance No. 93- will be consistent
with the General Plan proposal being considered or studied or which will be studied within a
reasonable time.
2. There is little or no probability of substantial detriment to or interference with
the future adopted general plan if die proposed use or action is ultimately inconsistent with the
plan.
3. The proposed use or action 9omplies with all other applicable requirements
of state law and local ordinances:
Seaion 2. P~_rpose The purpose of this Ordinance is to set forth the development
standards for the inst~lation and maintenance of outdoor advertising displays within all !and-use
zones of the City. The purpose of these regulations is to ensure that the design and location of
outdoor advertising displays are consistent with the health, safety, and aesthetic objectives of the
City.
h is a desire of the City that the design of this community be of the highest quality, that
new development be architecturally distinctive as well as homogeneous in design, and that
accessory facilities be compatible with the overall theme. The quality of signage plays a very
distinctive role in achieving the above. When abused, signs can create a visual blight which
detracts from the quality of the environment and an individual's visual perception of the City.
Recognizing that the primary purpose of signs is proper business identification, the
regulations of this Ordinance are enacted to:
A. Ensure that signs erected within the City are compatible with their surroundings and
are in keeping with the policies of the City;
B. Provide for the identification of businesses and should not be used for advertising
purposes;
C, Promote traffic safety and community identity while also enhancing the quality of the
visual environment of the City; and
D. Establish regulations which control outdoor advertising displays within the City.
Seaion 3. Definitions For purposes of this Ordinance, the following words, terms,
phrases, and their derivations, shall have the meanings given herein. Then Consistent with the
context, words used in die present tense singular include the plural.
A. "Commercial Off-Premise Sign" .means any sign structure advertising an
establishment, merchandise, service, or entertainment, which is not sold, produced,
manufactured, or furnished at the property on which the sign is located. A commercial off-
premise sign may be commonly known or referred to as an off-premises billboard.
R:\S\STAFFRPTXOUTDOOR.PC 2124/93 tie 10
B. "Non-Commercial Off-Premise Sign" means any sign structure exhibiting non-
commercial speech or message in lieu of commercial sign copy; and any sign structure exhibiting
non-commercial signing unrelated to the buying or selling of commodities or anything involved
and practiced.
Section 4. Prohibited Signs The establishment of the following outdoor advertising
disphys are hereby prohibited and no application for sign location plan, plot plan, or other
application discretionary entitlement for a outdoor advertising disphy shall be accepted, acted
upon, or appmved.
A. Commercial off-premises signs, provided that upon a fmding of hardship' made
by the Planning Commission, following a noticed public hearing, a commercial off-premises sign
may be appwved subject to compliance with the provisions of Riverside County Ordinance No.
348 Article XIX.
Section 5. Exempt Outdoor Advertising Displays The provisions of this Ordinance shall
not apply to any application for:
A. Directional Signs, as defined in Chapter 5 of the Temecuh Municipal Code.
B. On-site advertising structures and signs (Ordinance 348, Section 19.5 of the non-
codi~ed ordinances of the County of Riverside and adopted by the City of Temecula under
Ordinance No. 90-04).
C. Non-commercial off-premises advertising structures and signs, subject to the
following design and performance standards:
Square footage of the sign beard is limited to twelve (12) square feet or
less;
2. There shall be no more than one (1) sign board per parcel;
Total height of a ground-mounted sign and supporting structure shall not
exceed six (6) feet;
4. No sign shall be illuminated.
Section 6. Non-conforming Outdoor Advertising Displays All outdoor advertising
displays, in any zone, hwfuily constructed and erected prior to the effective date of this
Ordinance, which do not conform to the requirements of the provisions of this Ordinance for the
particular zone in which they are located, shall be accepted as non-conforming sign.
Section 7. To the extent the provisions of this Ordinance conflict with any provisions
of Article XIX of Ordinance No. 348 the provisions of this Ordinance shall apply.
R:\S\STAFFRPT\OUTDOOR.PC 2/24/93 tie 11
Section 8. Severability. The City Council hereby declares that the provisions of this
Ordinance are severable and it for any reason a court of competent jurisdiction shah hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
Section 9. Environmental Conlpliance. The City Council hereby finds that this project
does not have a potential for causing a significant affect on the environment. Therefore, the
project is exempt from the California Environmental Quality Act under Section 15061 (b) (3).
Section 10. The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be posted as required by hws.
PASSED, APPROVED AND ADOPTED this __ day of
April 1993.
ATTEST:
J. Sal Mu~oz, Mayor
June S. Greek, City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I~ June S. Greek, City Clerk of the City of Temecula, I-I~Y DO CERTII~Y that the
foregoing Ordinance No.93- was duly introduced and placed upon its first reading at a
regular meeting of the City Council of the City of Temecula on the __ day of , 1993,
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 ,1993, by the following roll call vote:
COUNCH-MElVI~ERS:
NOES:
COUNCILMElVlBERS:
CO~CILMEMBERS:
June S. Greek, City Clerk
R:\S\STAFFRPT~OUTDOOR.PC 2/24/93 tie 12
A'I'I'ACHMENT NO. 3
CITY COUNCIL MINUTES DATED APRIL 14, 1992
R:\S\STAFFRPT\OUTDOOR.PC 2/24/93 fie 13
City Council Minutes April 14. 1992
25. Outdoor Display and Advertising Ordinance
Director of Planning Thornhill presented the staff report and stated that an urgency
ordinance and a regular ordinance are being proposed.
Mayor Birdsall called a brief,recess at 10:25 PM to change the tape. The meeting was
reconvened at 10:26 PM.
It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Parks to.
extend the meeting until 11:00 PM.
The motion was unanimously carried, with Councilmember Mu~oz absent.
Mayor Birdsall opened the public hearing at 10:26 PM.
Bob Adams, Adams Advertising Inc., 19081 Rocky Road, Santa Ana, requested that
the City Council consider allowing certain types of billboards in the City. He presented
the City Council with packets showing different designs for billboards using a western
motif. He requested that the hardship clause, allowing for exemption upon review by
the Planning Director be included. He also requested that input from the Billboard
Industry be obtained in revising the Outdoor Advertising Ordinance.
Evelyn Harker, 31130-85 South General Kearny Road, rec~uested that billboards be
allowed in certain areas of the City, stating they are helpful in publicizing speciaI
events and advertising Old Town Temecula and the wineries,
Mayor Birdsall closed the public hearing at 10:35 PM.
Councilmember Parks asl;ced why the hardship clause was removed.
Director of Planning Thornhill stated it is difficult to make findings without criteria in
place, He stated he would feel more comfortable with review going to the Planning
Commission, rather than the Planning Director.
Mayor Birdsall asked why two ordinances are necessary. City Attorney Field stated
that the regular ordinance runs out on the 23rd of this month and the urgency
ordinance would be in effect between this meeting and when the regular ordinance
takes effect in 30 days.
Councilmember Parks stated he would like to see this ordinance researched further and
possibly establish zones where billboards can be placed.
City Manager Dixon explained without a City ordinance in place, the county ordinance
would go into effect. He recommended that the Council adopt the urgency ordinance
tonight and initiate the first reading of the permanent ordinance and instruct staff that
Mi n\04~ 14\92 - 14- 04~22~92
City Council MinuTes ADtii 14, 1992
as the general plan process goes forward, to meet with representatives from the
billboard industry in developing a long term ordinance.
Mayor Pro Tern Lindomens stated he would be in favor of that recommendation if it
could be amended to be reviewed in six months.
Councilmember Parks stated he would like to see the hardship clause included. City
Manager Dixon stated he would prefer review by the Planning Commission rather than
the Planning Director. He also recommended the '~sunset clause" be for one year
instead of six months which will be more in line with completion of the General Plan.
RECESS
Mayor Birdsall called a recess at 10:54 PM, The meeting was reconvened at 11:01 PM.
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindomens to extend the
meeting until 11:30 PM. The motion was unanimously carried, with Councilmember Mu~oz
absent.
The City Attorney read an additional hardship condition for Section 4 as follows:
"4. A. Commercial off-premises signs, provided that upon a finding of hardship made
b,} the Planning Commission, following a noticed public hearing, a commercial off-
premises sign may be approved subject to compliance with the provisions of Riverside
County ordinance No. 348 Article XIX,"
The City Attorney read an addition of a "Sunset" ctause to the regular ordinance which
should read as follows:
"This ordinance shall expire one year following its effective date."
It was moved by Mayor Pro Tern Lindomens, seconded by Councilmember Moore to
introduce and read by title 0nly an ordinance entitled:
ORDINANCE NO. 92-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
PERTAINING TO SIGN REGULATIONS AND ESTABLISHING REGULATIONS FOR
THE USE OF OUTDOOR ADVERTISING DISPLAYS
The motion was unanimously carried, with Councilmember Mu~Oz absent.
Min\04\l 4\92 - 15- 04/22/92
City Council Minutes Aorll 14, 1992
It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Moore to
adopt an urgency ordinance entitled:
ORDINANCE NO. 92-07
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA PERTAINING TO SIGN REGULATIONS AND ESTABLISHING
REGULATIONS FOR THE USE .OF OUTDOOR ADVERTISING DISPLAYS
The motion was unanimously carried, with Councilmember Mu~oz absent.
Councilmember Parks requested a study group be established to review this ordinance
and allow enough time for City Council review.
Mayor Birdsall requested this committee be comprised of a member of the City
Council, Planning Commission, City staff, representatives of the billboard industry, and
merchants.
26.
Ordinance Grandno ADoroyal A.uthoritv for Subdivision and Land Use ADolication
Decisions
Director of Planning Thornhill presented the staff report.
Mayor Birdsall opened the public hearing at 11:07 PM.
it was moved by Councilmember'Lindemans, seconded by Councilmember Moore to
continue the public hearing until the meeting of May 12, 1992.
The motion was unanimously carried, with Councilmember Mu~oz absent.
29. Temporary PavinO of Parking Lot at 6th Street and Front Street
30. Maintenance of Streets Not Within the Maintained Road System
It was moved by Councilmember Parks, seconded by Councilmember Moore to
continue Items 29 and 30 to the next available agenda.
The motion was unanimously carried, with Councilmember Mu~oz absent.
Min\04\l 4\92 -16- O4122/92
ITEM #4
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
March 1, 1993
Case No.: Amendments to the Ordinance Regulating Temporary Signs
Prepared By: David W. Hogan
RECOMMENDATION:
ADOPT Resolution No. 93-
ordinance entitled:
recommending adoption of an
"A RESOLUTION OF THE PLANNING COMMISSION FOR THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL AMEND PORTIONS OF ORDINANCE NO. 348 AND 92-
16 PERTAINING TO THE REGULATION OF TEMPORARY SIGNS."
APPLICATION INFORMATION
APPLICANT:
City of Temecula
PROPOSAL:
An Ordinance Amending the Standards for Temporary Signs.
LOCATION: Citywide
PURPOSE
The purpose of this Staff Report is to forward proposed amendments to the Ordinance
Regulating Temporary Signs to the Planning Commission and City Council for their
consideration.
BACKGROUND
The City Council approved the Ordinance Regulating Temporary Signs and associated Fee
Resolution on October 27, 1992; After the public hearing on the proposed ordinance, the City
Council instructed Staff to do the following:
Amend the Ordinance to provide a six month moratorium on the enforcement of the
temporary sign regulations, except for temporary signs located in the public right-of-
way and on vehicles;
2. Initiate a program to remove all temporary signs from the public right-of-way;
3. Add new members to the Temporary Sign Committee;
Have the Committee reconsider the allowable time periods for temporary signs and
standards for detached temporary signs and make a recommendation to the City
Planning Commission; and,
STAFFRPT~TEMPSIGN.3FC
5. Return any recommended ordinance amendments to the City Council in about 6
months.
DISCUSSION
On February 1, 1993, the City sent letters to the 32 members of the expanded Temporary
Sign Committee. In response, six Committee members attended the February 10, 1993,
meeting of the Temporary Sign Committee. The members present included representatives
of local retail, real estate and sign companies. The Committee met to discuss possible
standards for detached temporary signs and .to reconsider the allowable time periods fo(
temporary signs as requested by the City Council.
The allowable time periods for temporary signs was the first issue considered by the
Temporary Sign Committee. It was the consensus of the committee members present that
the current Ordinance Regulating Temporary Signs was too restrictive and that temporary
signs should be allowed for longer periods of time so that struggling local businesses could
stay in business. Initial Committee proposals focused on the idea of allowing temporary signs
for 50% of the year. This proposal, which was eventually rejected by the Temporary Sign
Committee, would have allowed temporary promotional signs for up to twelve 1 E-Day
Temporary Sign Events per year. Two temporary sign events could be combined to. may a
single 30 day period.
After some discussion, the Committee felt that allowing temporary promotional signs for only
half the year would not be sufficient to keep local small businesses in operation. As a result,
the Committee recommended that temporary promotional signs be allowed up to 75% of the
year on a 45-day on and 15-day off pattern. In addition, the Temporary Sign Committee felt
that the City should continue it's moratorium on enforcement of City temporary sign
regulations for an additional 6 months.
However, staff is concerned that allowing nearly constant use of temporary signs may result
in increased visual blight and clutter and could ultimately reduce property values in the City's
commercial and service districts. Staff recognizes that there is a need for local businesses
to have the opportunity to advertise special events and sales during the year. During the
initial meetings of the Temporary Sign Committee, the Committee discussed what temporary
signs are intended to do and when they should be used. At those meetings, the Committee
arrived at the following consensus on temporary signs.
That temporary signs are often needed during the initial start-up period for new
businesses until the permanent signage is available.
· That temporary signs are often needed during special sales or promotional activities.
· The permit process for temporary signs should be an easy, over-the-counter process.
· That temporary signs can provide for unfair competition.
· That all businesses need to be regulated equally.
That temporary signs are not an alternative to a "cheap" low visibility site or poor
marketing.
STAFFRPT',TEMPSIGN,3PC 2
· That excessive signage creates the image of a low quality community and could result
in visual blight and clutter.
· That temporary signs can obstruct the view of other businesses and their signs.
· That special standards are needed for Old Town Temecula.
Staff is concerned that the use of temporary promotional signs for up to 75% or 274 days
per year would result in temporary signs becoming de facto permanent signs. However, Staff
has included the 45-day on and 15-day off provision for temporary promotional signs in the
proposed amendments to the Ordinance Regulating Temporary Signs.
The second issue considered by the Temporary Sign Committee was whether or not to permit
detached temporary signs. Detached temporary signs which are not attached to a building,
but could be attached to posts or trees. The Committee recommended that detached
temporary signs be allowed. During the discussion which followed, the Committee members
determined that 32 square feet should be the maximum size for detached temporary signage.
It was also decided that detached temporary signage should not be allowed to block the
visibility of other businesses or their signs, block vehicular or pedestrian access, or obstruct
the view of motorists.
Initially staff envisioned an over-the-counter permit process which would not require extensive
plans or measurements. However, staff is concerned that allowing detached temporary signs
would require more detailed site plans for the permit review process to ensure that the signs
will not block the visibility of other businesses or their signs, impair vehicular and pedestrian
access, or obstruct the view of motorists. Furthermore, staff is also concerned that the City
could potentially be found to be liable if an accident were to occur because a detached
temporary sign impaired a driver's or pedestrian's visibility.
Staff would be more comfortable with detached temporary signs if there were a requirement
that the detached signs be mounted in a stable and durable frame. This requirement would
eliminate the potential safety problems associated with having rope or wire stretched between
trees or poles. The requirement to mount detached temporary signs in a frame has been
included in the proposed amendments.
CONCLUSION
The proposed amendments to the Ordinance Regulating Temporary Signs would amend
portions of Sections 19.9 and 19.10 of Article XIX, Ordinance 348 as recommended by the
Temporary Sign Committee. Specifically this attached ordinance amendments would do the
following:
· Extend the allowable time periods for promotional temporary signs from a maximum
of 60 days per year to 274 days per year;
Provide standards for detached temporary signs, which do not block the visibility of
other businesses, other business signage, or operator of a motor vehicle, up to 32
square feet in areas outside of Historic Old Town Temecula; and,
· Continue the moratorium on the enforcement of the temporary sign regulations on
private property for an additional six-months.
FUTURE GENERAL PLAN CONSISTENCY
Staff has reviewed the Draft General Plan and compared it with the proposed amendments
to the Ordinance Regulating Temporary Signs. During the review, staff was unable to identify
any policies or programs which would prohibit the proposed ordinance amendments. As a
result, staff can not find the proposed amendments to be inconsistent with the Draft City
General Plan.
ENVIRONMENTAL DETERMINATION
This Ordinance amendment will expand the use of temporary signs for limited periods in
existing commercial and service districts. As a result, the proposed Ordinance Regulating
Temporary Signs does not have the potential to cause significant impacts on the environment
and the project is exempt from CEQA pursuant to Section 15061 (b)(3).
FINDINGS
There is a need to improve the competitiveness of service and commercial businesses
and maintain the aesthetic quality of all areas in the City.
The overuse of temporary signs results in visual clutter,' the deterioration of the City's
commercial and service districts, and the inefficient use of business advertising
resources.
The propose~J amendments to the Ordinance Regulating Temporary Signs will provide
for effective identification.
There is little or no probability of substantial detriment to or interference with the
future General Plan if this Ordinance is ultimately inconsistent with the General Plan.
There is little'or no probability of substantial detriment to or interference with.the
future Old Town Specific Plan if this Ordinance is ultimately inconsistent with the Plan.
Attachments:
1. Resolution - Blue Page 5
2. Combined Redline/Strike-out Draft of the Temporary Sign Regulations - Blue Page 8
3, Ordinance - Blue Page 22
STAFFRPT~TEMPS4GN.3PC 4
ATTACHMENT NO. 1
PC RESOLUTION
STAFFRPT~TEMPSIGN,3pC 5
ATTACHMENT NO. 1
PC RESOLUTION NO.
A RESOLUTION OF TBY~ PLANNING COMMISSION FOR
T~F. CITY OF TEMECUIA RECOMMENDING THAT THE
CITY COUNCIL A.MEND PORTIONS OF ORDINANCE NO.
348 AND 92-16 PERTAINING TO ~ REGULATION OF
TEMPORARY SIGNS.
WIW. REAS, City Ordinance No. 90-04 was adopted by reference certain portions of the
non-codi~ed Riverside County Ordinances, including Ordinance No. 348 ("Land Use Code"),
by the City Council for the City of Temecula; and
WI~.REAS, City Ordinance No. 92-16 was adopted by the City Council for the City
of Temecula; and
WI~.REAS, City Ordinance No. 92-16 amended portions of Ordinance No. 348 and
provided standards for the provision of temporary signs within the City of Temecula; and
WHEREAS, such these regulations do not contain adequate provisions for the use of
temporary signs; and
WHEREAS, notice of the proposed Ordinance was posted at City Hall, County Library,
Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of
Commerce;
WltF. REAS, a public hearing was conducted on March 1, 1993, at which time interested
persons had an opportunity to testify either in support or opposition; and
NOW, THEREFORE, THE PLANNING COMMISSION OF T!:ff. CITY 'OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the Planning Commission of the City of Temecula hereby finds that the
proposed Ordinance Regulating Temporary Signs will provide for the establishment of
regulations for temporary signs.
Section 2. That the Planning Commission of the City of Temecula fUrther finds that the
proposed amendments to the Ordinance Regulating Temporary Signs will probably be consistent
with the Old Town Specific Plan when it is adopted.
Section 3. That the Planning Commission of the City of Temecuh fUrther finds that the
pwposed amendments to the Ordinance Regulating Temporary Signs will probably be consistent
with the General Plan when it is adopted.
STAFFRPT\TEMPSIGN.3PC 6
Section 4. That the Planning Commission of the City of Temecula further finds that the
proposed Ordinance Regulating Temporary Signs does not have the potential to cause a
significant impacts on the environment and has determined that the project is exempt from
California Environmental Q~ality Act, as amended, pursuant to Section 15061 (b) (3).
Section $. That the Planning Commission of the City of Temecula hereby recommends
to the City Council that the Council adopts the proposed Ordinance Regulating Temporary Signs.
The Ordinance is incorporated into this Resolution by this reference and marked Attachment "2"
for identification.
PASSED, APPROVE]) AND ADOFrFJ) this 1st day of March, 1993.
LINDA FAHEY
CHAIRMAN
I HI~.R~..Ry CERTIFY that the foregoing Resolution was duly adopill by 'the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 1st day of March,
1993 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
$TAFFRPT~TEMPSiGN.3PC 7
ATTACHMENT NO. 2
COMBINED REDLINE/STRIKE-OUT DRAFT OF
THE TEMPORARY SIGN REGULATIONS
CONTAINED ORDINANCES NO. 92-16 AND
STAFFRPT~TEMPSIGN.3PC 8
ATTAC}IM~NT NO. 2
Text which is proposed to be added to the Ordinance is shown with ~.
which is proposed to be deleted from the Ordinance is shown in a s..'.L~.c c": style.
Text
ORDINANCE N0. 93-__
AN ORDINANCE OF 'TRE CITY COUNCIL FOR T!tF. CITY OF
xm _cta,A A m- , ING FORnONS OF ORDINANCe- NO. S4S
PERTAINING TO ~ REGULATION OF TEMPORARY SIGNS.
The City Council of the City of Temecula does hereby ord3in as follows:
Section 1. Findings. The City Council of the City of Temecula hereby makes the
following findings:
A. That the City Council is authorized by Section 65850(b) of State Planning and
Zoning Law, to adopt ordinances regulating signs and billboards;
B. That there is a need to improve the compe~tiveness of service and commercial
businesses and maintain the aesthetic quality of all areas in the City;
C. That there is a need to pwvide specific and historically appropriate temporary
signage in the Old Town area;
D. That regulating temporary signage is an effective method to improve the aesthetic
quality of all axeas in the City;
the City's
Fesollrces.
That the overuse of temporary signs results in visual clutter, the deterioration of
commercial and service districts, and the inefficient use of business advertising
F. That the City is proceeding in a timely fashion with the preparation of the general
plan and that:
1. There is a reasonable probability that this Ordinance will be consistent with
the general plan proposal now being considered and studied.
2. There is little or no probability of substantial detriment to or interference
with the future general plan if this Ordinance is ultimately inconsistent with the plan.
3. There is little or no probability of substantial detriment to or interference
with the future Old Town Specific Plan if this Ordinance is ultimately inconsistent with the plan.
STAFFRPT'~TEMPSIGN.3PC 9
4. That this Ordinance compiles with all the applicable requirements of State
law and local ordinances.
G. That pursuant to City Ordinance 90-04, the City Council adopted by reference
Riverside County ~ce No. 348, which the Council has subsequently mended through
various City Ordinances~
tt. The City Council atlopl~l City Orditmne~92-16, amending Ordinance No. 348,
on October 27~ 1992.
I. That ~e~e is a need to am~t Ordinance 92-16 to improvo the- compelitiveness
of service and c, omme~al bosine~ses in ~o City;
Seaion 2.
read as follows:
Section 19.2 of Article- XIX of Ordinance No. 348 is hereby mended to
"t. "Temporary Sign" means a sign which is made of cloth, bunting,
plastic, vinyl, pester board, painted windows, or other similar materials, and which is located
on site of the business use or activity, and is erected or placed for a prescribed period of time
to promote, advertise, announce, or provide the- following information:
(1) Designates, identifies, or indicates the name of the business,
owner, or occupant of the premises where the sign is located; or,
(2) Advertises the business conducted, the services available or
rendered, or goods produced, sold, or available for sale upen the premises where the sign is
located.
For the purpose of this Ordinance, temperary signs do not include For Sale, Lease or For Rent
Signs (which are regulated by Section 19.5), Temperary Political Signs (which are regulated by
Section 19.7), or seasonal window displays than contain traditional holiday characters and
messages and which axe intended to ereate or enhance holiday character of an area and do not
reference or display service available or rendered, or goods produced, sold or available for sale.
u. "Promotional Sign" means a temporary sign intended to attract
attention to a use or activity for a limited number of events as identified in this ordinance.
v. "Window Sign" means any written representation, emblem or other
character, or sign which is painted, attached, glued, or affixed to a window or is otherwise
easily visible from the exterior of the building where the advertised product or service is
available.
w. "Interim Sign" means a temperary sign intended to provide interim
signage while the permanent signage is being fabricated, repaired, or prepared for installation.
STAFFRPTXTEMPS~GN.3PC ]0
x. "Special Event Sign" means a temporary sign for special community
activities or seasonal events. By way of example only, such activities or eventS may include
charitable and community fund raising events, Christmas tree sales, the tractor races, or the
annual Temecula wine and balloon festival.
y. "Grand Opening Sign" means a temporary sign, bearing the words
"Grand Opening", or some simihr message to announce the opening of a new business.
z. "Temporary Sign Event" means any number of consecutive days,
up to liftnon (15) ~ii~.~} for the display of any promotional sign.
aa. "Portable Sign" means a sign not designed to be attached to a
building or permanent structure, vehicle or trailer. Hxamples of portable signs include, but axe
not limited to: A-Frames, also known as sandwich boards, and T-Frames, also known as spring-
loaded signs.
bb. "Vehicle Mounted Sign" means any temporary sign attached or
mounted on any vehicle or trailer, whether or not the tires and wheels are still attached, and
whether or not any such vehicle has an engine or other internal combustion machine contained
within it.
cc. "Historic Old Town Temecula" means the area within the City of
Temecula that is bounded by: Mercedes Street on the east, 1st Street on the south, the channel
of Murrieta Creek on the west, and the intersection of Moreno Road and Mercedes Street on the
north.
dd. "Attach~l temporary sign" means a temporary sign which Ls
mortarS, phced, or attached only to the permanent building where the business activity is
conducted.
ee. "Detached temporary sign" means a temporary sign which is
partially atutched to a permanent building, attached to a mnlxvrary structure such as a pole or
pipe, or any combination of the above. Detached temporary signs do no~ include portable or
vehicle mounted signs.
ft. "A-Frame" means a portable advertising device which is commonly
in the shape of an "A" , or some variation the~of, is located on the ground, is easily moveable,
and is usually two-sided."
Section 3.
as follows:
Section 19.9 is added to Article XIX of Ordinance No. 348 and shall read
"Section 19.9. TEMPOILA~Y SIGNS. No person shall erect, place, or install any
temporary sign that is in violation of the provisions of this Article.
A. Permit Required. A Temporary Sign Permit shall be required prior to the placing,
erecting, or installing of any promotional, special event, grand opening, or interim sign. All
STAFFRPT\TEMPSIGN.3FC 11
such temporary signs shall comply with the provisions of this ordinance and all other applicable
laws and ordinances. An application for a permit shah be made on the forms and in the manner
specified by the Director of Planning and shall be accompanied by the required f~es or removal
bond set by resolution of the City Council. The following procedure shall govern the application
for, and issuance of, all temporary sign permits under this Article:
1. Within ten (.10) working days of receipt of a completed application for a
Temporary Sign Permit, the Director of Planning shah either:
a. Issue the Temporary Sign knit, if the sign(s) that is the subject
of the application conforms in every respect with the requirements of this Article; or
b. Deny the Temporary Sign I~rmit ff the sign(s) that is subject of the
application fail~ in any way to conform with the requirements of this Article. The Director of
Planning shall specify in any denial the section or sections of the Article with which the sign(s)
is inconsistent.
2. In addition to the temporary sign standards listed in this section, the
Direx:tor of Planning may aUach to any Temporary Sign Permit conditions of approval deemed
necessary to ensure the compatibility with the surrounding area and to protect the public health,
safety, or weftaxe.
B. Prohibitions. AH Temporary Signs not expressly permitted by this Ordinance are
prohibited, including but not limited to the following:
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Portable signs, including, but not limited to animals, human beings,
A-Frames, T-Frames, and thos~ of a similar nature located in the public
right-of-way or on public propony.
Portable signs, including, but not limited to animals, human beings,
A-Frames, T-Frames, and those of a similar nature located on private
property.
Vehicle mourned signs.
Pennants and streamers.
Promotional signs, except as permitted by this Section.
Interim signs, except as pormitted by this Section.
Special event signs, except as permitted by this Section.
Grand opening signs, except as permitted by this Section.
Window signs occupying more than ten percent (10%) of the non-door
window area, except as permitted by this Section.
Flashing or rotating temporary signs.
Off-site temporary signs.
Temporary roof signs.
Temporary signs on public propony or in the public right-of-way, except
as permitted under Section 19.9.E of this Ordinance.
Temporary signs in Historic Old Town Temecula, except as permitted
under Section 19.10 of this Ordinance.
STAFFRPT%TEN~S~GN.3PC
C. Promotional Signs. Promotional signs are permitted in the C-1, C-P, C-P-S,
C-T, and M-SC zones and shall comply with the appropriate requirements listed below:
1. For each usc or business activity; only one (1) promotional sign may be
allowed, except that for a use or business activity with f~ontage on two or more arterial streets,
up to two (2) promotional signa may be allowed.. Window signs occupying more than ten
percent (10%), and not greater than twonO' five percent (25%) of thc non door window area
shall be considcred equivnlcnt to one (1) promotional sign for purposes of this Section.
!. In any on~ (1) T~Tnporary Sign Event, attached, detached and window
signage may be used in any combination provided th~ following conditions are met:
a. That the tw, al sign fa~e area for all promotional signs, including
atlached, detachext and window promotional ~iL, n~, does not exce~i ft~y (50) square fee, t; and.
b. That the total sign face ar~a for aH detached promotional signs does
not exceed thirty two (32) square fw.,t.
2. All promotional signs shaH be located attached to thc building whcre the
nsc or activity is on th~ sit~ wh~re th~ use or activity is located. The sfandards for the various
t)~e,s of promotional signs ax~ as followa: and shell comply with thc following requiremcnts:
~ The maximum height of the top of any ~ promotional
sign shall not exceed the top of the cave line or parapet wall of the building where the use or
activity is located.
I~. ~ The dimensions shall not exceed any the following:
The surface area shah not exceed fifty (50) square
feet.
The height (vertical dimension) shall not exceed three
(3) feet.
(3-) (~ The width (horizontal dimension) shall not exceed
sixty percent (60%) of the business or store frontage, whichever is smaller.
(1) The maximnm height of the top ofany detached pro~notional
sign shall not exceed six (6) fret above the ground.
STAFFRPT\TEMPSIGN.SPC 13
(3) Detached promotional signs shall be mounted to a frame.
The thmc shah bo constructal of attractive permanent materials and shall be constructed so that
not additional supports or bracing is requin~l.
(4) No detached promotional sign may be permitted, placed,
erected or installed if the detached promotional .sign blocks, restricts, or impairs any of the
following:
~. c. Promotional signs that arc located on window surfaces shall not
exceed twenty five percent (25 %) of the non-door window area, except that no permit shall be
required for promotional window signs that cover ten percent (10%) or less of the non-door
window surface area.
3. The maximum consecutive duration for prosnotional signs is one t~mporary
sign event. Tompontry sign events may not be combined to create longer consecutive time
periods for temporary signs. Between each temporary sign event a period of at least 15 days
must elapse before any promotional signs can be ereClod, placul or installed., mall not exceed
any of the following prescribed time periods:
consecutive days); o~,
Up to two (2) consecutive Temporary Sign Events, (io. thirty (30)
b. A total of four (4) Tcmpentry Sign Events per calendar year.
D. Grand Opening. Interim and Special Event Signs. Grand opening, interim, and
special event signs are permitted in the C-l, C-P, C-P-S, C-T, and M-SC zones and shall
comply with the appropriate requirements listed below:
1. For each use or business activity; up to one (1) sign may be allowed.
Except for a use or business activity with frontage on two or more arterial streets, then up to
two (2) signs may be allowed.
2. Grand opening signs may be permitted once in the first ninety (90) days
of business operation.
3. Interim signs are for interim and emergency purposes and shah contain
STAFFRPT%TEMPSIGN .3PC 14
4. Special event signs for special events shall be located close to the activity
or event being advertised.
5. Signs for communitywide events and activities, such as the Tractor Races
or the Temocula Wine and Balloon Festival, are allowed only on the site of the proposed event
and are issued o~y to the organivafion or individuals organizing or promoting the event.
6. All Grand opening, interim and special event signs shall be located
attac, hed to the building wh~,,rc the use or activity is on t!~ sit~ where the use or activity Ls
located. The standards for these'types of signs am as follows: and shall comply-~
following requirements:
a. Attael~d grand opening, interim and special event signs shall
comply with th~ following w~l~s:
~ The maximum height of the top of any sign shall not exceed
the top of the cave line or parapet wall of the building where the use or activity is located.
following requirements:
The dimensions of any sign shall not exceed any the
The surface area shall not exceed thirty (30) square
feet.
The height (vertical dimension) shall not exceed three
(3) feet.
~ ~;~ The width (horizontal dimension) shall not exceed
fifty percent (50%) of the business or store frontage, whichever is smaller.
(1) The maximum height of the top of any detached grand
opening and special evem signs shall not exceed six (6) feet.
(2) The dimensions of any detached grand opening and special
event signs .~dl not exceed any the following requiremems:
STAFFRPT\TEMPStGN.aPC 15
(5) Dmc, h~ Inomotimml xi~s shah be mounted to a frame,
The frame Shall be constructed of aRiserive permanent materials and slmfi be constructed so that
not additional supports or bracing is required.
(4) No c~ gnmd opening and special event signs nmy be
permitted, placed, erected or insrafted if ~ detached grand opening and special event signs
blocks, restricts, or impairs any of the following:
c. Grand opening, interim and special event signs may be allowed for
any period up to forty-five (45) days. The Director of planning may allow one time extension,
for any period up to thirty (30) days, with good cause. It is the responsibility for the proponent
of the extension to justify why the extension is appropriate.
E. Hardship Provision. The Director of Planning may approve a Hardship Situation
Temporary Sign Permit in cases of extreme hardship and unusual circumstances relating to the
property where the business is located, including off-site construction activities that may disrupt
the public's access to the business. Hardship Situation Temporary Signs shall be granted only
when, because of special circumstances applicable to the property, the strict application of the
Temporary, Sign Ordinance deprives the property of privileges enjoyed by other property in the
vicinity and under the identical zoning classification.
1. The proponent.Of a request for a hardship situation temporary sign shall
be responsible for clearly demonstrating that an extreme hardship and unusual circumstance
exists, and that the extreme hardship and unusual circumstances warrants the appwval of a
hardship situation temporary sign, and that strict implementation of the Temporary Sign
Ordinance deprives the property of privileges enjoyed by other property in the vicinity and under
the identical zoning chssification.
2. The Director of Planning may issue a Temporary Sign Permit for a
hardship situation for any period up to six (6) months. Determination of the number, size, and
location of temporary signs for hardship situations shall be at the discretion of the DirecWr of
Planning.
3. Any hardship temporary sign permit issued shall be conditioned to ensure
that said permit does not constitute a grant of special privilege inconsistent with the limitations
upon other properties in the vicinity and in the same zone, to ensure compatibility with the
surrounding area and to protect the public health, safety or weftare."
STAFFRPTWEMPSIGN.3PC ], 6
Section 4.
as follows:
Section 19.10 is added to Article XIX of Ordinance No. 348 and shall read
"Section 19.10. TEMPORARY SIGNS IN HISTORIC OLD TOWN TEMF_I2ULA.
No person shall erect, phce or install any temporary sign in HIstoric Old Town Temecula in
violation of the provisions of this Article.
A. Permit Required. A Temporary Sign Permit shall be required prior to the placing,
erecting, or installing of any promotional, special event, grand opening, or interim sign. All
such temporary signs shall COmply with the provisions of this ordinance and all other applicable
laws and ordinances. An application for a permit shall be made on the forms and in the manner
specified by the Director of Planning andshall be accompanied by the required fees or removal
bond set by resolution of the City Council. The following procedure shall govern the application
for, and issuance of, all temporary sign permits under this Article:
1. Within ten (10) working days of receipt of a COmpleted application for a
Temporary Sign Permit, the Direcwr of planning shall either:
a. Issue the Temporary Sign Permit, ff the sign(s) that is the subject
of the application conforms in every respect with the requirements of this Article; or
b. Deny the Temporary Sign Permitff the sign(s) that is subject of the
application fails in any way to conform with the requirements of this Article. The Director of
Planning shall specify in any denial the section or sections of the Article with which the sign(s)
is inconsistent.
2. In addition to the temporary sign standards listed in this section, the
Director of Planning may attach to any Temporary Sign Permit conditions of approval deemed
necessary to ensure the compatibility with the surrounding area and to protect the public health,
safety, or weftare.
Old TOwn Local Review Board. The Director of Planning is hereby authorized
to consult with the Old Town Local Review. Board to prepare any supplemental requirements
regulating the size, shape, materials, color, or character of temporary signs in Historic Old
Town Temecula that the Director deems necessary to maintain the character of Old Town.
C. Prohibitions. All Temporary signs not expressly permitted by this Ordinance are
prohibited, including but not limited to the following:
Portable signs, including, but not limited to animals, human beings,
A-Frames, T-Frames, and those of a similar nature located in the public
right-of-way or on public property.
Portable signs, including, but not limited to animals, human beings,
A-Frames, T-Frames, and those of a similar nature located on private
property.
Vehicle mounted signs.
Pennants and streamers.
STAFFRPT\TEMPSIGN.3PC 17
6.
7.
8.
9.
10.
11.
12.
13.
Promotional signs, except as permitted by this Section.
Interim signs, except as permitted by this Section.
Special event signs, except as permitted by this Section.
Grand opening signs, except as permitted by this Section.
Window signs occupying more than ten percent (10%) of the non-door
window area or six (6) square feet, whichever is greater.
Flashing or .rotating temporary signs.
Off-site tempordry signs.
Temporary roof signs.
Temporary signs on public property or in the public right-of-way.
D. Promotional Signs in Historic Old Town Temecula. Promotional signs in Historic
Old Town Temecuh are permitted in the C-1, C-P, C-P-S, and M-SC zones and shall comply
with the requirements listed below:
1. In a~y.~a~e (1) Temporary Sign Emit, attached and window signs may be
used in any c~nbination provided fi~at the ~ sign face area for all promotioral signs,
including attached.and window promotional signs, do~s not exceed twelve (12) square feet.
For each uso or busino~ activity; up Wonc (1) atmchod pwmotional sign may bC allowcd.
2. Promotional signs in Historic Old Town Temecula shall be attached to the
building where the use or business activity is located and shall comply with the following
requirements:
a. The maximum height of the top of any temporary sign shall not
exceed the top of the eave line or parapet wall of the building where the use or activity is
located. No pwmotional sign shall be erected or phced so as to interfere with normal pedestrian
and vehicular traffic.
b. The surface area shall not exceed twelve (12) square feet.
c. Promotional signs shall be made of non-glossy material with a
fabric or cloth-like appearance and shall use dull, non-primary, non-fluorescent, and non-
iridescent colors.
3. The Inaxinnnn consecutive duration for any pro~notional sign. ibr any
husincss use or activity is one temporary sign event. Temporary sign events may not be
combined to create longer consecutive time periods for temporary signs. Between each
temporary sign event a pe~od of at I~as{ 15 days mug ehpso before any pro'raotional signs can
be gnr_Aed, pla~ed or installed., shall not excx,'cd any of the following prescribed time periods:
consecutive days); or,
Up to two (2) consecutive Temporary Sign th~onts, (io. thirty (30)
b. A total of four (4) Temporary Sign Events per calendar year.
STAFFRPT%TEI~SIGN.3/~C 18
E. Grand Opening. Interim and Special Event Signs in Historic Old Town Temecula.
Grand opening, interim, and special event signs in Historic Old Town Temecula are permitted
in the C-l, C-P, C-P-S, and M-SC zones and shall comply with the requirements listed below:
1. For each use or business activity; up to one (l) grand opening or interim
sign may be allowed.
2. Grand opening signs are permitted once in the fncst ninety (90) days of
business operation.
3. Interim signs are for interim and emergency purposes and shall contain
only the business name and logo.
4. Special event signs for special events shall be located close to the activity
or event being advertised.
5. Signs for communitywide events and activities, such as the Tractor Races
or' the Temecula Wine and Ballcon Festival, are allowed only on the site of the proposed event
and are issued only to the organization or individuals organizing or promoting the event.
6. Grand opening, interim and special event signs in Historic Old Town
Temecula shall be attached to the building where the use or activity is located and shall comply
with the following requirements:
a. The maximum height of the top of any sign shall not exceed the top
of the cave line or parapet wall of the building where the use or activity is located.
b. The.dimensions of any grand opening, interim or special event signs
shall not exceed a surface area of twelve (12) square feet.
c. Shall be made of non-glossy material with a fabric or cloth-like
appearance and shall use dull, non-primary, non-fluorescent, and non-iridescent colors.
d. Grand opening, interim and special event Signs may be allowed for
any period up to forty-five (45) days. The Director of Planning may allow one time extension,
for any period up to thirty (30) days, with good cause. It is the responsibility of the proponent
of the extension to justify why the extension is appropriate.
F. Hardship Provision. The Director of Planning may approve a Hardship Situation
Temporary Sign Permit in Historic Old Town Temecula in eases of extreme hardship and
unusual circumstances relating to the property where the business is located, including off-site
construction activities that may disrupt the public's access to the business. Hardship Situation
Temporary Signs shall be granted only when, because of special circumstances applicable to the
property, the strict application of the Temporary Sign Ordinance deprives the property of
privileges enjoyed by other property in the vicinity and under the identical zoning classification.
1. The proponent of a request for a hardship situation temporary sign shall
STAFFRPT\TEMPSiGN.3PC 19
be responsible for clearly demonstrating that an extreme hardship and unusual circumstance
exists, and that the extreme hardship and unusual circumstances warrants the approval of a
hardship situation temporary sign, and that strict implementation of the Temporary Sign
Ordinance deprives the property of privileges enjoyed by other property in the vicinity and under
the identical zoning classification.
2. The Director of Planning may issue a Temporary Sign Permit for a
hardship situation for any period up to six (6) months. Determination of the number, size, and
location of temporary signs for hardship situations shall be at the discretion of the Direaor of
Planning.
3. Any hardship temporary sign permit issued shall be conditioned to ensure
that said permit does not constitute a grant of special privilege inconsistent with the limitations
upon other properties in the vicinity and in the same zone, to ensure compatibility with the
surrounding area and the Old Town Specific Plan, and to protect the public health, safety or
weftare."
Section 5. Grandfather Clause Those temporary signs established prior to the
Effective Date of this ordinance, with the exception of those temporary signs described in
Section 19.9(B)(1), (3) and (13), and Section 19.10(C)(1), (3) and (13), are hereby grandfathered
and permitted through ~ Aped !3, 1993. After said date, no temporary signs may be
established unless otherwise permitted under this Ordinance.
Section 6. Violations It shah be unlawful for any person to violate any
provision of this ordinance. Any person violating :any provision of this ordinance shall be
deemed guilty of an infraction or misdemeanor as bereinafter specified. Such person shah be
deemed guilty of a separate offense for each and every day or portion thereof during which any
violation of any of the provisions of this ordinance is committed, continued, or permitted.
Any person so convicted shah be, (1) guilty of an infraction offense and punished by a fme not
exceeding One Hundred Dollan ($100.00) for a first violation; and (2) guilty of an infraction
offense and punished by a free not exceeding Two Hundred Dollars ($200.00) for a second
infraction. A third and any additional violation shah constitute a misdemeanor offense and shall
be punishable by a free not to exceed One Thousand Dollars ($1,000.00) or six (6) months in
jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a
misdemeanor. Payment of any penalty heroin shah not relieve a person from the responsibility
for correcting any violation.
Section 7. Severability The City Council hereby declares that the provisions
of this Ordinance are severable and ff for any reason a court of competent jurisdiction shall hold
any sentence, paragraph, or section of this ordinance to be invalid, such decision shah not affect
the validity of the remaining parts of this ordinance.
Section 8. CF_X)A Compliance The City Council finds that the regulation of
temporary signs in existing commercial, industrial, and retail zones has no possibility of having
a significant impact on the environment. As aresult, the adoption of these regnlations is exempt
from environmental review pursuant to the provisions of Section 15061(b)(3) of the State CI~QA
STAFFRPT~TEMPSIGN.3PC 20
Guidelines prepared pursuant to Section 21083 of the California Environmental Quality Act, as
amended.
Section 9. Effective Date This Ordinance shall be in full force and effect thirty
(30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and
cause copies of this Ordinance to be posted in three .designated posting places.
PASSED, APPROVED, AND ADOPTED, this day of . , 1993.
J. sat, MU OZ
MAYOR
ATTEST:
June S. Greek, City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMF_,CULA )
I, June S. Greek, City Clerk of the City of Temecula, I-]:F~FCRY DO CERTIFY that the
foregoing Ordinance N0.93- was duly introduced and placed upon its fast reading at a
regular meeting of the City Council of the City of Temecula on the __ day of , 1993,
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 ,1993, by the following roll call vote:
CO~CILMEMBERS:
NOF~:
CO~CILIVII~,~BERS:
CO~CIZJVlEMBERS:
June S. Greek, City Clerk
STAFFRPT\TEMPSIGN.3PC 2 1
A'I'rACHMENT NO. 3
ORDINANCE NO.
STAFFRPT\TEMPSIGN.3pC 22
AT'fA~ NO. 3
ORDINANCE NO.
AN ORDINANCE OF ~ CITY COUNCIL FOR ~ CITY OF
TEMECULA AMI~.NDING FORTIONS OF ORDINANCE NO. 348 AND
16 PERTAINING TO THF. REGULATION OF TEMPORARY SIGNS.
The City Council of the City of Temecula does hereby ordain as follows:
Section 1. ~ The City Council of the City of Temecula hereby makes the
following findings:
A. That the City Council is authorized by Section 65850(b) of State Planning and
Zoning Law, to adopt ordinances regulating signs and billboards;
B. That there is a need to improve the competitiveness of service and commercial
businesses and maintain the aesthetic quality Of all areas in the City;
C. That there is a need to provide specific and historically appropriate temporary
signage in the Old Town area;
D. That regnlating temporary signage is an effective method to improve the aesthetic
quality of all areas in the City;
E. That the overuse of temporary signs results in visual clutter, the deterioration of
the City's commercial and service districts, and the inefficient use of business advertising
resources.
F. That the City is proceeding in a timely fashion with the preparation of the general
plan and that:
4. There is a reasonable probability that this Ordinance will be consistent with
the general plan proposal now being considered and studied.
5. There is little or no probability of substantial detriment to or interference
with the future general plan ff this Ordinance is ultimately inconsistent with the plan.
3. There is little or no probability of substantial detriment to or interference
with the future Old Town Specific Plan ff this' Ordinance is ultimately inconsistent with the.plan.
4. That this Ordinance complies with all the applicable requirements of State
law and local ordinances.
G. That pursuant to City Ordinance 90-04, the City Council adopted by reference
Riverside County Ordinance No. 348, which the Council has subsequently amended through
various City Ordinances; and,
STAFFRPT%TEMP~IGN.3pC 23
H. The City Council adopted City Ordinance 92-16, amending Ordinance No. 348,
on October 27, 1992.
I. That there is a need to amend Ordinance 92-16 to improve the compe~tiveness
of service and contmercial businesses in the City;
Section 2. P'wagmph z of Section 19.2 of Article XIX of Ordinance No. 348 is
hereby amended to read as follows:
"z. "Temporary Sign Event" means any number of consecutive days,
up to forty five (45), for the display of any promotional sign."
Section 3. Paragraph aa of Section 19.2 of Article XIX of Ordinance No. 348 is
hereby amended to read as follows:
"aa. "Portable Sign" means a'sign not designed to be attached to a
building or strumre, vehicle or trailer. Examples of portable signs include, but are not limited
to: A-Frames, also known as sandwich boards, and T-Frames, also known as Spring-loaded
signs."
Section 4.
read as follows:
Section 19.2 of Article XIX of Ordinance No. 348 is hereby amended to
"dd. "Attached temporary sign" means a temporary sign which is
mounted, placed, or attached only to the permanent building where the business activity is
conducted.
ee. "Detached temporary sign" means a temporary sign which is
partially attached to a permanent building, attached to a temporary structure such as a pole or
pipe, or any combination of the above. Detached temporary signs do not include portable or
vehicle mounted signS.
ft. "A-Frame" means a portable advertising device which is commonly
in the shape of an "A" , or some variation thereof, is located on the ground, is easily moveable,
and is usually two-sided."
Section 5. Subsection C of Section 19.9 of Article XIX of Ordinance No. 348 is
hereby amended to read as follows:
"C. Promotional Signs. Promotional signs are permitted in the C-l, C-P, C-P-S,
C-T, and M-SC zones and shall comply with the appropriate requirements listed below:
1. In any one (1) Temporary Sign Event, attached, detached and window
signage may be used in any combination provided that the following conditions am met:
a. That the total sign face area for aid pwmotional signs, including
attached, detached and window promotional signs, does not exceed fifty (50) square feet; and,
STAFFRPT%TEMPSIGN.aPC 24
b. That the total sign face area for all detached promotional signs does
not exceed thirty two (32) square feet.
2. All promotional signs shall be located on the site where the use or activity
is locamd. The standards for the various types of promotional signs are as follows:
a. Attached promotional signs shall comply with the following
requirements:
( 1 ) The maximum height of the top of any attached promotional
sign shall not exceed the top of the cave line or parapet wall of the building where the use or
activity is located.
feet.
(3) feet.
(2)
The dimensions shall not exceed any the following:
(a) The surface area shall not exceed fifty (50) square
(b) The height (vertical dimension) shall not exceed three
(c) The width (horizontal dimension) shall not exceed
sixty percent (60%) of the business or store frontage, whichever is smaller.
requirements:
Detached promotional signs shall comply with the following
( 1 ) The maximum height of the top of any detached promotional
sign shall not exceed six (6) feet above the ground.
(2) The surface area shall not exceed thirty two (32) square feet.
(3) Detached promotional signs shall be mounted to a frame.
The frame shall be constructed of attractive permanent materials and shall be constructed so that
not additional supports or bracing is required.
(4) No detached promotional sign may be permitted, placed,
erected or installed if the detached promotional sign blocks, restricts, or impairs any of the
following:
(a) The public's view of another business or activity;
(b) The public' s view of the signage for another business
(c) The view or visibility of the operator of any motor
25
(d) The movement of any pedestrian or motor vehicle.
c. Promotional signs that are located on window surfaces shall not
exceed twenty five percent (25 ~) of the non-door window area, except that no permit shall be
required for promotional window signs that cover ten percent (10%) or less of the non-door
window surface area.
3. The maximum consecutive duration for promotional signs is one temporary
sign event: Temporary sign events may not be combined to create longer consecutive. time
periods for temporary signs. Between each temporary sign event a period of at least 15 days
must elapse before any promotional signs can be erected, placed or installed."
Section 6. Subsection D of Section 19.9 of Article XEK of Ordinance No. 348 is
hereby mended to read as follows:
"D. Grand Opening. Interim and Spoclal Event Signs. Grand opening, interim, and
special event signs are permitted in the C-l, C-P, C-P-S, C-T, and M-SC zones and shall
comply with the appropriate requirements listed below:
1. For each use or business activity; up to one (1) sign may be allowed.
Except for a use or business activity with frontage on two or more arterial streets, then up to
two (2) signs may be allowed.
2. Grand opening signs may be permitted once in the fast ninety (90) days
of business operation.
3. Interim signs are for interim and emergency purposes and shall contain
only the business name and logo.. Interim signs must be attached to the building.
4. Special event signs for special events shah be located close to the activity
or event being advertised.
5. Signs for communitywide events and activities, such as the Tractor Races
or the Temecula Wine and Balloon Festival, are allowed only on the site of the proposed event
and are issued only to the organiTation or individuals organizing or promoting the event.
6. All Grand opening, interim and special event signs shall be located on the
site where the use or activity is located. The standards for these types of signs are as follows:
a. Attached grand opening, interim and special event signs shall
comply with the following requirements:
(1) The maximum height of the top of any sign shall not exceed
the top of the cave line or parapet wall of the building where the use or activity is located.
(2) The dimensions of any sign shall not exceed any the
following requirements:
STAFFRPT'~TEMPSIGN.3PC 26
(a) The surface area shall not exceed thirty (30) square
feet.
The height (vertical dimension) shall not exceed three
(3) feet.
(c) The width (horizontal dimension) shall not exceed
fifty percent (50%) of the business or store frontage, whichever is smaller.
b. Detached grand opening and special event signs shall comply with
the following requirements:
(1) The maximum height of the top of any detached grand
opening and special event signs shall not exceed six (6) feet.
(2) The dimensions of any detached grand opening and special
event signs shall not exceed any the following requirements:
(a) The surface area shall not exceed thirty (30) square
feet.
The height (vertical dimension) shall not exceed three
(3) feet.
(c)
The width (horizontal dimension) shall not exceed
ten (10) feet.
(3) Detached promotional signs shall be mounted to a frame.
The frame shall be constructed of attractive permanent materials and shall be constructed so that
not additional supports or bracing is required.
(4) No detached grand opening and special event signs may be
permiUed, placed, erected or installed ff the detached grand opening and special event signs
blocks, restricts, or impairs any of the following:
(a) The public's view of another business or activity;
The public' s view of the signage for another business
or activity;
(c)
The view or visibility of the operator of any motor
vehicle; or,
(d) The movement of any pedestrian or motor vehicle.
STAFFRP'F, TEMPSIGN.3PC 27
c. Grand opening, interim and special event signs may be allowed for
any period up to forty-five (45) days. The Director of Planning may allow one time extension,
for any period up to thixty (30) days, with good cause. It is the responsibility for the proponent
of the extension to justify why the extension is appropriate."
Section 7. Subsection D of Section 19.10 of Article XIX of Ordinance No. 348 is
hereby amended to read as follows:
"D. Promotional Si~ms in Historic Old Town Temecula: Promotional signs in Historic
Old Town Temecula are permitted in the C-l, C-P, C-la-S, and M-SC zones and shall comply
with the requirements listed below:
1. In any one (1) Temporary Sign Event, attached and window signage may
be used in any combination provided that the total sign face area for all promotional signs,
including attached and window promotional signs, does not exceed twelve (12) square feet.
2. Promotional signs in Historic Old Town Temecula shall be attached to the
building where the use or business activity is located and shall comply with the foliowing
requirements: ·
a. The maximum height of the top of any temporary sign shall not
exceed the top of the cave line or parapet wall of the building where the use or activity is
located. No promotional sign shall be erected or placed so as to inte~ere with normal pedestrian
and vehicular traffic.
b. The surface area shall not exceed twelve (12) square feet.
c. Promotional signs shall be made of non-glossy material with a
fabric or cloth-like appearance and shall use dull, non-primary, non-fluorescent, and non-
iridescent colors.
3. The maximum consecutive duration for any promotional sign, for any
business use or activity is one temporary sign event. Tempora~y sign events may not be
combined to create longer consecutive time periods for temporary signs. Between each
temporary sign event a period of at least 15 days must elapse before any promotional signs can
be erected, placed or installed.
Section 8. Grandfather Clause Those temporary signs established prior to the
Effective Date of this ordinance, with the exception of those temporary signs described in
Section 19.9(B)(1), (3) and (13), and Section 1'9.10(C)(I), (3) and (13), are hereby grandfathered
and permitted through October 12, 1993. After said date, no temporary signs may be
established unless otherwise permitted under this Ordinance.
Section 9. CEOA Compliance The City Council fmds that the regulation of
temporary signs in existing commercial, industrial, and retail zones has no possibility of having
a significant impact on the environment. As a result, the adoption of these regulations is exempt
from environmental review pursuant to the provisions of Section 15061 (b)(3) of the State CEQA
STAFFRPT\TEMPSIGN.apC 28
Guidelines prepared pursuant to Section 21083 of the California Environmental Quality Act, as
amended.
Section 10. Effective Date This Ordinance shall be in full force and effect thirty
(30) clays after its passage. The City Clerk shall certify to the adoption of this Ordinance and
cause copies of this Ordinance to be posted in three designated posting places.
PASSED, APEROVED, AND ADOPTI~B, this day __ day of ~, 1993.
J. SAL MUi~OZ
MAYOR
ATFEST:
June S. Greek, City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the
foregoing Ordinance No.93- was duly introduced and placed upon its first reading at a
regular meeting of the City Councilof the City of TemecUla on the day of __, 1993,
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 ,1993, by the following roll call vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
June S. Greek, City Clerk
STAFFRP"~TEMPSIGN.3~C 29
ITEM #5
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Planning Commission
Gary Thornhill, Director of Planning
March 1, 1993
Development Agreement No. 92-1, Change of Zone No. 21, Tentative
Parcel Map No. 27314, Amendment No. 3; Linfield School
Prepared by:
Saied Naaseh, Associate Planner
RECOMMENDATION:
RECOMMEND Adoption of Negative Declaration for Development
Agreement No. 92-1, Change of Zone No. 21 and Tentative
Parcel Map No. 27314, Amendment No. 3; and
ADOPT Resolution No. 93- recommending Approval for
Development Agreement No. 92-1, Change of Zone No. 21,
Tentative Parcel Map No. 27314, Amendment No. 3 based on
the Analysis and Findings contained in the Staff Report and
subject to the attached Conditions of Approval and subject to the
City Council action on changing the land use designation of
Parcel No. 2 from Public Institutional to High Density Residential
prior to adoption of the General Plan.
BACKGROUND
This project was reviewed and continued off calendar by Planning Commission on August 17,
1992. Staff was directed to work with the applicant on a number of issues raised by the
Commission. These issues included changes to the Development Agreement language,
existing trees on site, the golf course, noise and light impacts from the Linfield School
Stadium, access and traffic, future plans for the Linfield School site and grading. Staff and
the applicant have been working together to address all the issues and concerns raised by the
Planning Commission. The following table includes these issues and explains how they have
been addressed:
issue
Development
Agreement
Specimen
Trees
Description of the Issue
Density 20 dwelling units per acre or 240 units.
Needs to be consistent.
Page 3, Environmental Findings 1, 2 and 3 are
conflicting (refer to the August 17, 1992 Staff
Report, Attachment No. 6).
Senior Center size and dollar amount to be spend
needs to be specified.
Senior Center and golf course completion needs to
be up front.
Page 12,#9 - the General Plan Land Use Designation
"will likely be high density" which was unknown at
the time the project was heard by the Planning
Commission (refer to the August 17, 1992 Staff
Report, Attachment No. 6).
Specify building heights and sizes.
Page 10,#6 - SPecify that changes shall not include
elimination or a reduction in size of the Senior
Center, elimination of the nine (9) hole golf course
and increase in the number of dwelling units or
density (refer to the August 17, 1992 Staff Report,
Attachment No. 6).
Show all existing trees on the landscape plans and
identify a replacement ratio if the trees have to be
removed to accommodate development
Proposed Solution to
:Resolve me Issue
Text has been modified to include up to 20 dwelli
units per acre with a target density of 10 dwelling
units per acre. Refer to page 13, Section 16.1 ,a.
No change has been proposed. Findings No. I and 2
refer to this approval. Finding No. 3 refers to future
approvals.
Text has been modified on page 13, Section 16.1 .c
and Exhibit G of the Development Agreement has
been modified to require a minimum of 3,500 square
feet for the Senior Center.
The dollar amount has not been specified consistent
with the Community Services Department policy.
No change has been proposed (refer to Exhibit C of
the Development Agreement).
The General Plan Land Use Designation
recommended by Pinning Commission to City
Council is Public Institutional for the entire project
site. Staff has amended the recommendation for
this project to include a Commission
recommendation to the City Council for an
amendment to the land use designation of Parcel No.
2 of Tentative Parcel Map No. 27314 to high density
residential. The rest of the parcels and the propos~
uses of Senior Center, congregate facility and
nursing and personal care facility will be consistent
with the Public Institutional land use designation.
No change has been proposed to the text, since the
Zoning Districts will specify the building heights for
the project. Building sizes will be dictated by the
future development proposals.
The text has been modified to eliminate
modifications to the Development Agreement.
Since the site plans and the landscape plans are
conceptual, the existing trees have not been
identified on the plans. However, Condition No.
17 .A.3.h. has been added that requires future
development applications (plot pians,'conditional use
permits, etc.) to show the existing trees on the
landscape plans and if their removal is necessary
replacement will be on a 5:1 ratio.
Issue
C Course
Age
Restrictions
Access/
Traffic
Relocation of
Structures
and Features
Description of the Issue
Specify whether it is a private golf course intended
for the use of the project residents or is it intended
to be a private golf course to be used by the public.
Does the fact that this is a pdvate golf course and ~t
will be used only by the project residents change
the Quimby fee requirements?
Will parking be provided for the golf course?
Structures within the golf course need to be
identified on the site plan.
Need to define when the golf course is considered
complete.
No Quimby fees or equivalent are paid until 59
units, congregate, personal and nursing facilities
have been built.
Impacts of the stadium need to be evaluated (i.e.
noise and light),
The age restriction needs to be clarified in terms of
the qualifier.
Need reciprocal access easements for Parcels 2, 3
and 4 until they are built to provide access to the
school site.
Need to place more restrictions on the access
points shown on the map (i.e. right turn only).
Are there any plans that indicate where the gym
and the ball fields will be moved to?
The lake is being split by a parcel line. What is
going to happen to it?
Proposed Solution to
Resolve the Issue
The golf course is intended to be private and be
used by residents of the project (refer to Page No.
13 Section 16.1.1~. of the Development Agreement).
No. Either way the golf course will satisfy a portion
of the Quimby requirements.
No. The conceptual site plan does not provide
parking for the golf course, since it is intended for
private use only,
Since the site plan is conceptual, the number and
location of the structures are not known. The future
development applications will include the details of
the development (including these structures).
The Development Agreement text has been modified
to define the completion of the golf course as
construction and completion of all structures, six
months growth of the grass and certification of the
course by a licensed landscape architect (refer to
Exhibit C of the Development Agreement),
No change is proposed since there is no nexus
between' the congregate care, personal care and
nursing facility and the Quimby fees.
A noise study and light impact analysis will be
conducted prior to approval of a plot plan for the
multi-family senior complex to mitigate the impacts
to insignificant levels (refer to Conditions 9 .A. and
9.B.).
The deed restriction (Exhibit F of the Development
Agreement Section 1 ) is consistent with state law.
Condition No. 86.E.2. has been added to resolve this
concern.
The Traffic Study recommends full movements for
these access points. Furthermore, Ordinance 460
allows full movement for access aisles if they are
more than 330 feet apart. No change has been
proposed.
These facilities will be moved to the existing school
site in the future, which will require flirther City
approvals (refer to the conceptual school site plan).
The parcel map has been conditioned to construct a
dike within the remainder parcel, which will keep the
lake on the remainder parcel (refer to Condition No.
52).
R:\Sx, STAFFRPTx,27314.PC 2/24/93 klb 3
Issue
Grading
Description of the Issue
A grading plan needs to be prepared in order to
identify the impacts to the project.
A condition needs to be added to restrict mass
grading prior to a plot plan approval.
Parcel No. 1 contains 25% slopes. How useable is
this parcel?
:Proposed Solution to
:Resolve the Issue
A conceptual grading plan has been prepared and
included in the packet for Planning Commission's
review.
Condition Nos. 48 and 49 have been added that
require submittal and approval of a mass grading
plan. Furthermore, a grading permit will not be
issued fo( an individual parcel until a plot plan is
approved for this parcel.
A conceptual grading plan has been prepared which
shows the parcel may be developed as a senior
center. However, refinement will be necessary at
the plot plan stage.
ANALYSIS
Conceptual Site Plan and DesiGn Issues
It is staff's opinion that all of Planning Commission's concerns have been addressed as
outlined in the Background Section. The proposed conceptual site plan illustrates how the site
may be developed. The ultimate site plan for development of this project may have a different
layout. The conceptual site plan has a number of design deficiencies, such as improper
circulation for the multi-family complex and inadequate fire truck turn around for the Senior
Center site. However, each component of this project will receive additional reviews by the
City and specific site design issues will be dealt with at that stage.
Staff has met with Commissioners Fahey and Hoagland to discuss the conceptual site plan.
They both expressed concerns regarding the Conceptual Site Plan and raised specific on site
design issues (i.e. circulation, noise, location of the Senior Center, drainage, etc.). Concurs
with these concerns and have conditioned the project to address them with future
development proposals.
Draft General Plan Issues
The Draft General Plan has already been reviewed and recommended by Planning Commission
to the City Council with a Public Institutional land use designation for the project site. The
proposed uses such as the congregate care, skilled nursing and personal care and the Senior
Center are all consistent with this designation. However, the age restricted, multi-family
project (Parcel No. 2 of Tentative Parcel Map No.27314, Amendment No. 3) will need to be
designated High Density Residential on the General Plan. Therefore, if the Planning
Commission determines that this project should be recommended to the City Council for
approval, the land use designation of Parcel No. 2 will need to be changed by the City Council
to High Density Residential. Since the Planning Commission already recommended to the City
Council approval of the land use element, with a designation of Public Institutional for Parcel
No. 2, it is now necessary that the Planning Commission recommend concurrently with this
project that the City Council revise the land use element to High Density Residential. In
addition, the City Council will have to take an action on the land use component of the
General Plan prior to approving this project. It should be noted that the City Council does not
need to wait until formal adoption of the General Plan to take action on this project.
However, in the event that the City Council adopts the land use element of the General Plan
prior to consideration of this project, an application for a General Plan Amendment will have
to be filed prior to any final action on this project.
Project Density Issues for Parcel No. 2
The project density for the age restricted multi-family is up to 20 dwelling units per net acre
with a target density of 10 dwelling units per net acre. The gross acreage for this parcel is
38 which could result in 760 dwelling units at 20 DU/AC. However, the most likely number
of units for a project of this type would be approximately 380 dwelling units, or a target
density of 10 DU/AC. The Traffic Study mitigation measures are based on 240 dwelling units.
If the future proposals for Parcel No. 2 exceed 240 dwelling units, the Traffic Study will need
to be updated or new studies will be required (refer to Condition No. 54).
ZONING, DRAFT GENERAL PLAN AND SWAP CONSISTENCY
The proposed project includes a change of zone from R-R to R-3. This change will allow the
development of the project site as a senior housing complex as dictated within the
Development Agreement. Staff is supportive of this change of zone, since it will result in a
desirable senior housing project consistent with the surrounding land uses.
Project approval by the Planning' Commission is subject to City Council approval of a High
Density Residential designation for Parcel No. 2 of Tentative Parcel Map No. 27314,
Amendment No. 3. Once this occurs~ the project would be consistent with the Draft General
Plan. The Draft General Plan land use map currently shows the project site as Public
Institutional since it is now one parcel which contains the Linfield School.
The SWAP designation for the project site is Residential; minimum one acre lot size. The City
of Temecula is supportive of the approval of this project since it will result in a desirable senior
housing project consistent the surrounding land uses.
ENVIRONMENTAL DETERMINATION
An Initial Study was prepared for this project and with the adoption of mitigation measures
which have been included in the Conditions of Approval, all the anticipated impacts have been
reduced to a level of insignificance. Therefore, a Negative Declaration has been prepared and
recommended for adoption.
FINDINGS
Develooment Aareement No. 92-1
1. The City is proceeding in a timely fashion with the preparation of its General Plan.'
There is a reasonable probability that the project will be consistent with the general
plan proposal presently being considered subject to the City Council approving a High-
Density Residential Designation for Parcel No. 2 of Tentative Parcel Map No. 27314,
Amendment No. 3, 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 probability 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.
No other mitigation measures for environmental impacts created by the project, as
presently approved, shall be required for development of the project unless mandated
by laws.
The City may, pursuant to and in accordance with its rules, regulations, and
ordinances, conduct an environmental review of subsequent discretionary entitlements
for the development of the property or any changes, amendments, or modifications to
the property. The City, as a result of such review, may impose additional measures
(or conditions) on studies to mitigate, as permitted by law, the adverse environmental
impacts of such development entitlement which were not considered or mitigated at
the time of approval of the project.
Chanqe of Zone No. 21
There is a reasonable probability that Change of Zone No. 21 will be consistent with
the City's future General Plan subject to the City Council approving a High-Density
Residential Designation for Parcel No. 2 of Tentative Parcel Map .No. 27314,
Amendment No. 3, which will be completed in a reasonable time and in accordance
with State Law, due to the fact that the future development of the site will be
controlled by a Development Agreement which is consistent with City's policies for the
new General Plan.
There is not a likely probability of substantial detriment to or interference with the
future General Plan, if Change of Zone No. 21 is ultimately inconsistent with the plan,
due to fact that the development of the site will be controlled by a Development
Agreement which is consistent with the City's policies for the future General Plan.
The project is compatible with surrounding land uses ~ince this project will not have
negative impacts on the existing school sites to the east and west end the existing and
proposed single-family dwellings to the north and south.
The proposai will not have an adverse effect on the environment, since mitigation
measures have been incorporated into the project design to reduce the impacts to a
level of insignificance.
Tentative Parcel MaD No. 27314, Amendment NO. 3
There is a reasonable probability that Tentative Parcel Map No. 27314, Amendment
No. 3 will be consistent with the City's future General Plan subject to City Council
approving a High-Density Residential Designation for Parcel No. 2 of Tentative Parcel
Map No. 27314, Amendment No. 3, 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.
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 future development of the site will be controlled by a Development
Agreement which is consistent with the City's policies for the new General Plan.
The proposed use or action as 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 project as designed and conditioned will not adversely affect the public health or
welfare.
The project is compatible with surrounding land uses since the proposal will not have
a negative impact on the existing school sites to the east and west and the existing
and proposed single-family dwellings to the north and south.
The project has acceptable access to dedicated rights-of-way which are open to, and
useable by, vehicular traffic. The project draws access from Pauba Road and Rancho
Vista Road, improved dedicated City rights-of-way. project access, as designed and
conditioned, conforms with applicable City Engineering standards and ordinances.
The project as designed and conditioned will not adversely affect the built or natural
environment as determined in the Environmental Analysis for this project.
Said findings are supported by minutes, maps, exhibits and environmental documents
associated with this application and herein incorporated by reference, due to the fact
that they are referenced in the attached Staff Report, Exhibits, Environmental
Assessment, and Conditions of Approval.
Attachments:
5.
6.
7.
Resolution No. 93- - Blue Page 9
Conditions of Approval - Blue Page 15
E~hibits - Blue Page 32
A. Site Plan
B. Tentative Parcel Map
Initial Environmental Study - Blue Page 33
Development Agreement - Blue Page 34
Planning Commission Minutes, August' 17, 1992 - Blue Page 35
Planning Commission Staff Report, August 17, 1992 - Blue Page 36
ATTACHMENT NO. 1
PC RESOLUTION NO. 93-
R:~S\STAFF~314.1~C 2/24/93 Idb 9
PC RESOLUTION NO.
A RESOLUTION OF ~ PLANNING COMMISSION OF
~ CITY OF TEMECUIA RECOMMENDING APPROVAL
OF DEVELOPM'F~NT AGI~EEIVIF_aNT NO. 92-1, CHANGE OF
ZONE NO. 21 TO CHANGE THE~ ZONING FROM R-R TO
R-3, AND TENTATIVE PARCEL MAP NO. 27314,
AMENDMI~.NT NO. 3 TO SUBDIVIDE A 95.9 ACRE
PARCEL INTO FOUR (4) PARCel-~ AND A REMAINDER
PARCEL SUBJECT TO ~ CITY COUNCIL ACTION ON
CHANGING TBY~ LAND USE DESIGNATION OF PARCEL
NO. 2 OF TENTATIVE PARCEL MAP NO. 27314,
AMENDME. NT NO. 3 FROM PUBLIC INSTITUTIONAL TO
~HIGH-DENS1TY RESIDENTIAL LOCATED NORTH OF
PAUBA ROAD, SOUTH OF RANCHO VISTA ROAD AND
EAST OF ~ TEMECULA VAIJ.EY HIGH SCHOOL.
WI~REAS, The Linfield School filed Development Agreement No. 92-i, Change of
Zone No. 21 and Parcel Map No. 27314, Amendment No. 3 in accordance with the Riverside
County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted
by reference;
WttFREAS, said applications were processed in the time and manner prescribed by State
and local law;
WttF. REAS, the Planning Commission considered said applications on March 1, 1993,
at which time interested persons had an opportunity to testify either in support or opposition;
WttF..REAS, at the conclusion of the Commission hearing, the Commission
recommended approval of said applications;
NOW, TIrE~R.EFORE, TIEW. PLANNING COMMISSION OF ~ CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Findings. That the Temecula Planning Commission hereby makes the
foliowing fmdmgs:
A. Pursuant to Government Cede Section 65360, a newly incorporated city shall
adopt a general plan within thirty (30) months following incorporation. During that 30-month
period of time, the city is not subject to the requirement that a general plan be adopted or the
requirements of state law that its decisions be consistent with the general plan, ff all of the
foliowing requirements are met:
general plan.
The city is proceeding in a timely fashion with the preparation of the
10
2. The planning agency finds, in appwving pwjects and taking other actions,
including the issuance of building permits, 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 which
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 if 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 hw and local ordinances.
B. The Riverside County General Plan, as mended by the Southwest Axea
Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as
the General Plan for the southwest portion of Riverside County, including the are~ now within
the boundaries of the City. At this time, the City has adopted SWAP as its General Plan
guidelines while the City is proceeding in a timely fashion with the preparation of its General
Plan.
C. The Planning Commission in recommending appwval of said applications makes
the foilowing findings, to wit:
Development Agreement No. 92-1
General Plan.
The City is proceeding in a timely fashion with the preparation of its
2. There is a reasonable probability that the project will be consistent with
the general plan pwposal presen~y being considered subject to the City Council approving a
High-Density Residential designation for Parcel No. 2 of Tentative Parcel Map No. 27314,
Amendment No. 3, since the project will be compatible with surrounding uses and will carry out
the policies intended for the General Plan.
3. There is little or no probability of substantial detriment to or interference
with the future adopted general plan if the pwject is ultimately inconsistent with the plan, since
this pwject 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.
R:XS~STAFFRP~27314.PC 2124193 klb 1 ]
6. No other mitigation measures for environmental impacts created by the
project, as presently approved shall be required for development of the project unless mandated
by laws.
7. The City may, pursuant to and in accordance with its rules, regulations,
and ordinances, conduct an environmental review of subsequent discretionary entitlements for
the development of the property or any changes, amendments, or modifications to the property.
The City, as a result of such review, may impose additional measures (or conditions) on studies
to mifigat~ as' permitted by hw the adverse environmental impacts of such development
entitlement which were not cOnsidered or mitigated at the time of approval of the project.
Change of Zone No. 21
1. There is a reasonable probability that Change of Zone No. 21 will be
consistent with the City's future General Plan subject to City Council approving a High-Density
Residential designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment No.
3, which will be completed in a reasonable time and in accordance with State Law, due to the
fact that the future development of the site wffi be controlled by a Development Agreement
which is consistent with City's policies for the new General Plan.
2. There is not a likely probability of substantial detriment to or interference
with the future General Plan, if Change of Zone No. 21 is ultimately inconsistent with the plan,
due to fact that the development of the site will be controlled by a Development Agreement
which is consistent with the City' s policies for the future General Plan.
3. The project is compatible with surrounding land uses since this project will
not have negative impacts on the existing school sites to the east and west and the existing and
proposed single-family dwellings to the north and south.
4. The proposal wffi not have an adverse effect on the environment, since
mitigation measures have been incorporated into the project design to reduce the impacts to a
level of insignificance:
Tentative Parcel Map No. 27314. Amendment No. 3
1. There is a reasonable probability that Tentative Parcel Map No. 27314,
Amendment No. 3 will be consistent with the City's future General Plan subject to City Council
approving a High-Density Residential designation for Parcel No. 2 of Tentative Parcel Map No.
27314, Amendment No. 3, which will be completed in a reasonable time and in accordance with
State law. The project, as conditioned, conforms with existing applicable city zoning ordinances
and development standards.
2. There is not a likely probability of substantial detriment to, or interference
with the City' s future General Plan, ff the proposed use is ultimately inconsistent with the Plan,
since the future development of the site will be controlled by a Development Agreement which
is consistent with the City's policies for the new. General Plan.
R:\S~STAIqqLq'X27314.PC 2/24/93 Idb 12
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 fPhnning and Zoning Law).
health or welfare.
The project as designed and conditioned will not adversely affect the public
5. The project is compatible with surrounding land uses s'mce the proposal
will not have a negative impact on the existing school situs to the east and west and the existing
and proposed single-family dwellings to the north and south.
6. The project has acceptable access to dedicated rights-of-way which are
open W, and useable by, vehicular traffic. The project draws access from Pauba Road and
Rancho Vista Road, impwved dedicated City rights-of-way. Project access, as designed and
conditioned, conforms with applicable City Engineering standards and ordinauces.
7. The project as designed and conditioned will not adversely affect the built
or natural environment as determined in the Environmental Analysis for this project.
8. Said fmdings are suppormd by minutus, maps, exhibits and environmental
documents assochted 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.
F. As conditioned pursuant to Section 3, the Parcel Map proposed is compatible with
the health, safety and weftare of the community.
Section 2. Environmental Compliance. An Initial Study prepared for this project
indicates that the proposed project will not have a significant impact on the environment with
the incorporation of the mitigation measures into the pwject design, and a Negative Declaration,
is hereby granted.
Section 3. Conditions. That the City of Temecula Planning Commission hereby
recommends appwval of Development Agreement 92-1, Change of Zone No. 21, and Tentative
Parcel Map No. 27314, Amendment No. 3 located at north of Pauba Road, south of Rancho
Vista Road and east of the Temecuh Valley High School subject to City Council approval of a
High-Density Residential designation for Parcel Map No. 27314, Amendment No. 3 and subject
to the foilowing conditions:
A. Attachment No. 3, attached hereW.
PASSED, APPROVED AND ADOPTED this 1st day of March, 1993.
LINDA FAHEY
CHAIRMAN
R:'~\STAFFRPT~27114.PC 2/2~Y~ [db 13
I B~,R!~,Ry CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 1 st day of March,
1993 by the following vote of the Commission:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
GARY THORNI41I,I,
SECRBTARY
R:\S\STAFFRPT~27314.IW3 2/'24/~3 klb 14
ATTACHMENT NO. 2
CONDITIONS OF APPROVAL
R:\S~STAFI~-,uT~27314.PC 2/24/93 klb ].5
CITY OF TEMECULA
' CONDITIONS OF APPROVAL
Tentative Parcel Map No. 27314, Amendment No. 3
Project Description: To create four (4) parcels and a
remainder parcel
Assessor's Parcel No.: 955-020-002
Approval Date:
Expiration Date:
PLANNING DEPARTMENT
WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT
The applicant/developer shall deliver to the Planning Department a cashier's check or
money order payable to the County Clerk in the amount of One Thousand Three Hundred
dollars (~1,300.00), which includes the On Thousand Two Hundred and Fifty Dollar
($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section
711.4(d)(2) plus the Fifty Dollar ($50.00) County administrati~/e fee to enable the City to
file the Notice of Determination required under Public Resources Code Section 21152 and
14 California Code of Regulations 15075. 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).
GENERAL REQUIREMENTS
The tentative subdivision shall comply with the State of California Subdivision Map Act
and to all the requirements of Ordinance No. 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.
The subdivider shall defend, indemnify, and hold harmless the City of Temecula, it agents,
officers, and employees from any claim, action, or proceeding against the City of
Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative
Parcel Map No. 27314, 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.
If Subdivision phasing is proposed, a phasing plan shall be submitted to and approved by
the Planning Director.
The project and all subsequent projects within this site shall be subject to Development
Agreement No. 92-1.
R:'~S~STAFFR]rI~2'/314.PC 2/24/93 b'b 16
10.
11.
The applicant shall consult the Army Corps of Engineers and the California Department
of Fish and Game prior to designing the site plan for the project to mitigate the impacts
to the wetlands as identified in the Figure 2 of Biological Report which includes the
unvegetated alluvial wash and the Southern Willow Scrub. A proof of this consultation
shall be submitted to the Planning Department along with the Plot Plan or Conditional Use
Permit applications. These applications shall not be deemed complete without the proof
of consultation with both of these agencies.
All development proposals within this project shall be subject to further approvals of the
City of Temecula which include but are not limited to Plot Plans and Conditional Use
Permits.
A full disclosure shall be made to all prospective residents, whether buyers or renters,
that the existing Temecula Valley High School football stadium, tennis courts and other
related facilities will be used extensively for ball games, practices, rock concerts and
community activities. These events occur during both the daytime and evening hours and
will generate considerable noise and light. The Temecula Valley Unified School District
will not accept responsibility for the impact that these activities may have on the
neighboring complexes, nor will any of these conditions be subject to mitigation by the
district. The disclosure shall be made at the time of initial marketing and through
individual grant deeds. The specific form of the disclosure shall be approved by the
Planning Director and the City Attorney prior to issuance of building permits.
The proposed proiect will be impacted by the Temecula Valley High School stadium noise
and light. The following shall be implemented prior to approval of any Plot Plans or
Conditional Use Permits:
A noise study shall be submitted. This study shall examine the impact of the
stadium on the proposed residences. Mitigation measures shall be included in the
study including but not limited to building setbacks from the westerly property
line, walls, landscaping, building orientation and building design. These mitigation
measures shall reduce the maximum interior noise level to 45 Ldn and the exterior
noise level to 65 Ldn. Tests shall be conducted during sporting events and other
special events scheduled for the stadium.
B~
A light impact study shall be submitted. Mitigation measures shall be incorporated
into the project design including but not limited to building setbacks from the
westerly property line, walls, landscaping, building orientation and building design.
These mitigation measures shall reduce the impact to a level of insignificance as
determined by the Planning Director.
The entrance gates to the private roads in the multi-family senior complex, if proposed,
shall be set back sufficiently to allow ~or stacking of cars to avoid blocking the right-of-
way. This condition shall be complied with prior to approval of the Plot Plan.
A pedestrian friendly circulation system shall be designed to separate the pedestrian and
auto circulations by linking parking lots, building and recreation areas together by accent
paving, cross walks, lighting, landscaping and signage.
R:\S~STAFF~314.PC 2/24193 kJb 17
12.
PRIOR
13.
14.
15.
16.
The architecture and the landscaping of the project shall take into account the
surrounding single-family units and schools and effectively buffer them with landscaping
or create a pleasing facade to the neighboring properties especially the single-family units.
TO ISSUANCE OF GRADING PERMITS
A Mitigation Monitoring Program shall be submitted to and approved by the Planning
Director.
A copy of the Rough Grading plans shall. be submitted to and approved by the Planning
Director.
A Biology Study shall be prepared for the subject property by a Biologist and submitted
to the Planning Director for review. Should Stephens' Kangaroo Rat (Dipodomys
stephensi) habitat or other sensitive habitat be determined to exist upon the site, then
mitigation measures to be included in the Mitigation Monitoring Program. If no habitat
is determined to exist, then 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.
A qualified paleontologist/archaeologist shall be chosen.by the developer and approved
by the Planning Director for consultation and comment on the proposed grading with
respect to potential paleontological/archaeological impacts. Should the
paleontologist/archaeologist find potential is high for impact to significant resources, prior
to commencement of the grading operations a meeting between the
paleontologist/archaeologist, Planning Director staff and the excavation and grading
contractor shall be arranged. Mitigation measures shall be approved by the Planning
Director and included in a Mitigation Monitoring Program. When necessary, the
paleontologist/archaeologiSt or representative shall have the au.thority to temporarily
divert, redirect or halt grading activity to allow recovery of fossils.
17. The following ~hall be submitted to and approved by the Planning Director:
A. A copy of the Conceptual Landscape Plans to include:
(1) Drought tolerant plants.
(2) All plants meeting the following minimum size requirements:
(a)
All trees shall be a minimum of 15 gallon with at least 50 percent
of trees with a minimum of 24 inch box.
(b) All shrubs shall be a minimum of 5 gallons.
(c) All ground cover shall be a minimum of 8" on the center
(3) Landscaping for the following:
R:\S\STAFFRFI~27314.1eC 2/24/93
(a) The golf course.
(b) Typical slope conditions.
(c) Private common areas including all improvements.
(d) Shrub planting to completely screen perimeter walls adjacent to a
public right-of-way equal to sixty-six (66) feet or larger.
(e) Parkways.
(f) All other interior landscaping.
(g) Screening the residences on Parcel No. 2 from the stadium with a
combination of different species of fast growing and tall trees.
(h} All existing trees. Any existing trees that are removed as a result
of this project shall be replaced with a ratio of 5:1. This
replacement shall be over and above other ordinance requirements.
(4) Hardscaping for the following:
(a) Pedestrian trails within private common areas.
(5) The height, location and the following materials for all walls and fences:
(a) Decorative block for the perimeter of the project adjacent to a Public
Right-of-Way equal to sixty-six (66) feet or larger.
(b) Wrought iron or decorative block and wrought iron combination to
take advantage of views.
(c) Wood fencing shell be used only in the interior of the project.
B. A copy of the construction, landscape and irrigation plans consistent with the
conceptual landscape plans.
C. A Security Performance Bond shall be secured with the Planning Director to insure
the installation of landscaping along the westerly property line to screen the high
school stadium immediately after grading operations have been completed.
PRIOR TO RECORDATION OF THE FINAL MAP
18. The following shall be submitted to and approved by the Planning Director:
A. A copy of the Final Map
B. A copy of the Rough Grading Plans
C. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
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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 recommendations.
(2) The 100 year flood plain areas shall be delineated.
(3) Drainage easements shall be kept free of buildings and obstructions.
(4)
A fifty (50) foot wide easement shall be recorded on both sides of the
wetland habitats as identified in the ..Bi'ological Report and shall be
designated a biological open space. The area within this easement may be
incorporated into the design of the golf course. (This condition may be
waived by the Planning Director if the applicant submits proof of mitigation
acceptable to the Department of Fish and Game and the Army Core of
Engineers that waves the requirement for this easement}.
A copy of the Covenants, Conditions, and Restrictions (CC&R's)
(1)
CC&R's shall be reviewed and approved by the Planning Department. The
CC&R's shall include liability insurance and methods of maintaining open
space, recreation areas, parking areas, private roads, exterior of all
buildings and all landscaped and open areas including parkways.
(2)
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 for provisions required as C0nditions 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.
(3)
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) a share in the corporation, or voting membership in an
association owning the common areas and facilities,
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PRIOR TO ISSUANCE OF BUILDING PERMITS
19.
No building permits shall be issued by the City for any residential lot/unit within the
project boundary until the developer/owner or his/her successor's-in-interest provides
evidence of compliance with public facility financing measures. A cash sum of one-
hundred dollars ($100,00) per lot/unit shall b:e deposited with the City as mitigation for
public library development.
20. A $400.00 per dwelling unit fire mitigation fee shall be assessed prior to issuance of
building permits; '
21. A phasing plan shall be submitted to and approved by the Planning Director for the
installation of the landscaping for parcel 2.
22.
Roof-mounted mechanical equipment shall not be permitted within the of the subdivision,
however solar equipment or any other energy saving devices shall be permitted with
Planning Director approval.
23.
A copy of the construction, landscape and irrigation plans consistent with the conceptual
landscape plans.
PRIOR TO ISSUANCE OF OCCUPANCY PERMITS
24.
If deemed necessary by the Planning Director, the applicant shall provide additional
landscaping to effectively screen various components of the project.
25.
The applicant shall sign an agreement and/or post a bond with the City to insure the
maintenance of all landscaping within each parcel for a period of one year.
26.
All the Conditions of Approval shall be complied with to the satisfaction of the Director
of Planning, Public Works, Community Services and Building and Safety.
27. All landscaping for parcels 1,3 and 4 shall be installed.
28. The landscaping fOr parcel 2 shall be installed according to a phasing plan.
PUBLIC WORKS DEPARTMENT
GENERAL REQUIREMENTS
29.
It is understood that the developer correctly shows on the tentative map all existing and
proposed easements, traveled ways, improvement constraints and drainage courses, and
their omission may require the project to be resubmitted for further review and revision.
30.
A Grading Permit for either rough or precise (including all on-site 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.
31.
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.
R:\S~STAFFP, PT~27314.]~C 2/24/93 Idb 2 ].
32.
All improvement plans, grading plans, and landscape and irrigation plans shall be
coordinated for consistency with adjacent projects and existing improvements contiguous
to the site.
33.
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
34.
A copy Of the grading. and improvement plans, along with supporting hydrologic and
hydraulic calculations, shall be submitted to the Riverside County Flood Control and Water
Conservation District for approval prior to recordation of the final map or issuance of any
permit. A permit from Riverside County Flood Control and Water Conservation District
iS required for work within their right-of-way.
35.
The final grading plan shall be prepared by a registered Traffic Engineer and shall be
reviewed and approved by the Department of Public Works.
36.
All lot drainage shall be directed to the driveway by side yard drainage swales
independent of any other lot.
37.
The developer must comply with the re~luirements 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.
38. The developer shall receive written clearance from the following agencies:
San Diego Regional Water Quality
Riverside County Flood Control and Water Conservation District
Planning Department
Department of Public Works
Riverside County Health Department
Community Services District
General Telephone
Southern California Edison Company
Southern California Gas Company
39.
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.
40.
An erosion control plan shall be prepared by a registered Traffic Engineer and submitted
to the Department of Public Works for review and approval.
41.
Graded but undeveloped land shall be maintained in a weed-free condition and shall be
either planted with interim landscaping, or provided with other erosion control measures
as approved by the Department of Public Works.
R:~S\STAFF~I4.PC 2/24/93 ~ 22
42.
43.
44.
45.
46.
47.
48.
49.
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 Riverside County Flood Control and Water Conservation District prior to issuance
of permits. If the full Area Drainage Plan fee or mitigation charge has already been
credited to this property, no new charge needs to be paid.
The developer shall obtain any necessary letters of approval or easements for any off-site
work performed on adjacent properties as directed by the Department of Public Works at
no cost to any agency.
The developer 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 developer shall provide adequate facilities as approved by the
Department of Public Works.
The developer shall protect downstream properties from damage 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, or by incorporating on-site detention basin facilities
such that the downstream 100-year 'Q' is not increased as a result of the development
of this project.
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.
A permit from the Riverside County Flood Control and Water Conservation District is
required for work within their right-of-way.
A site balanced mass grading plan for the entire project shall be approved by the
Department of Public Works prior to the issuance of any individual parcel's grading permit
and the individual grading plan shall conform to the mass grading plan.
Prior to the issuance of an individual parcel's grading permit, the associated future site
plan shall be approved. It is understood that the project site plan as submitted is for the
purpose of reviewing non-engineering issues. Specific engineering criteria will be
evaluated with future site plan applications. Proposed future site plans shall include, but
not be limited to, the following elements:
Existing and proposed storm drain facilities shall be shown on the future proposed
site plans along with associated easements. A drainage study shall be provided
to indicate said facilities and verify the adequacy of existing downstream facilities,
otherwise the drainage study shall address the requirements for on-site detention
facilities designed to accommodate the 100-year design runoff without negatively
impacting the downstream facilities.
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B. Proposed and existing sewer mains and lift station(s) shall be shown on future site
plans to ensure adequate service and readily available fall for the proposed project,
50.
51.
52.
53.
Proposed and existing water mains shall be shown on future site plans to ensure
that service is readily available to the proposed project.
Private roads included in future site plans MUST be designed to meet City Public Road
Standards or otherwise approved by the Department of Public Works. This should include
but may not be limited to:
Minimum road widths of 32-feet paved with 50-feet/60-feet right-of-ways or
easements (shown on typical section).
B. Knuckles being required at 90° 'bends' in the road.
Separation between on-site intersections shall meet current City Standards (200-
ft. minimum).
D. Cul-de-sac geometrics shall meet current City Standards.
Minimum safe horizontal centerline radii shall be required (all centerline radii should
be identified on the site plan).
90° parking immediately adjacent to the private s~reets shall be located a minimum
safe distance from intersections.
Distance to the nearest existing off-site access point on Rancho Vista Road and
Pauba Road shall be identified on the site plan.
Identify whether gates will be proposed at entrances to project. If so,
configuration, stacking distance, and turn-around ability will need to be reviewed
and approved by the Fire Department and the Department of Public Works during
the Site Plan review stage.
I. All intersections shall be perpendicular (90°).
All driveways providing access to two or more buildings shall be designed as a cul-
de-sac or a loop road.
The future site plan application for the Senior Center shall reflect the requirement for a
turn-around at the end of the driveway or loop extended around the buildings.
The grading plan shall be designed to reflect the relocation of the existing reservoiLon the
easterly edge of the project to be wholly contained within the remainder parcel. The
preliminary soils report submitted in conjunction with the project grade plan shall address
the dike design necessary to accomplish this.
The grading plan shall be designed to reflect the relocation of the existing access road to
school facilities within the remainder parcel off-site.
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54.
Site plan applications which include development impacts over and above those identified
in the approved Tentative Parcel Map/Development Agreement Traffic Study (dated June,
1992) shall include an updated traffic study. This study may include, and the Department
of Public Works may condition, additional mitigation measures as warranted.
PRIOR TO THE ISSUANCE OF ENCROACHMENT PERMITS
55. All necessary grading permit requirements shall have been completed and approved.
56.
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 Traffic 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.
57.
The following criteria shall be observed in the design of the improvement plans to be
submitted to the Department of Public Works: -
Flow line 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 Standard Nos.
207/207A and 401 (curb and sidewalk).
Street lights shall be installed along the public streets adjoining the site in
accordance with Ordinance No. 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 Nos. 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 No. 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 shall be conveyed
through under-sidewalk drains.
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58.
59,
60.
61.
62.
63.
PRIOR
64.
65.
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 shall be required
for review and approval by the Department of Public Works.
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.
All conditions of the grading permit and encroachment permit shall be complied with to
the satisfaction of the Public Works Department.
A construction area traffic control plan shall be designed by a registered Traffic 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
Any delinquent property taxes shall be paid.
The developer shall construct or post security and enter into an agreement guaranteeing
the construction of the following public improvements within 18 months 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; and
F. Undergrounding of proposed utility distribution lines.
66.
67.
68.
69.
70.
71.
72.
As deemed necessary by the Department of Public Works, the developer shall receive
written clearance from the following agencies:
San Diego Regional Water Quality
Rancho California Water District
Eastern Municipal Water District
Riverside County Flood Control and Water Conservation District
City of Temecula Fife Bureau
Planning Department
Department of Public W'orks
Riverside County Health Department
CATV Franchise
Community Services District
General Telephone
Southern California Edison Company
Southern California Gas Company
Fish and Game
Army Corps of Engineers
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.
Complete half-street improvements in Pauba Road and Rancho Vista Road shall be
provided, or bonds for the street improvements may be posted, within the dedicated right-
of-way in accordance with City Standard No. 102 (88-ft/64-ft).
The developer shall make a good faith effort to acquire the required off-site property
interests, and if he/she should fail to do so, the developer shall, prior to submittal of the
final map for recordation, er~ter into an agreement to complete the improvements pursuant
to the Subdivision Map Act, Sections 66462 and 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 Pauba Road and Rancho Vista Road and so noted
on the final map with the exception of those access points and intersections
recommended per the approved Traffic Report and identified on the approved Tentative
Parcel Map.
A signing and striping plan shall be designed by a registered Traffic Engineer and
approved by the Department of Public Works for Pauba Road and Rancho Vista Road and
shall be included in the street improvement plans.
Plans for a traffic signal shall be designed by a registered Traffic Engineer and approved
by the Department of Public Works for the intersection of Pauba Road and Margarita Road
and shall be included in the street improvement plans with the second plan check
submittal.
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73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
A school zone signing and striping plan shall be designed by a registered Traffic Engineer
and approved by the Department of Public Works for the school site within this project.
This will be separate from the street improvement plans and will cover any and all streets
necessary to provide the appropriate signing and striping.
Prior to designing any of the above plans, contact the Department of Public Works for the
design requirements.
Bus bays will be provided at all existing and future bus stops as determined by the
Department of Public Works.
A Transportation Demand Management program will be required.
Corner property line cutoff shall be required per Riverside County Standard No. 805.
Private drainage easements for cross-lot drainage shall be required and shall be delineated
and noted on the final map.
Easements for sidewalks for public uses shall be dedicated to the City where sidewalks
meander through private property.
An easement for a joint use driveway shall be provided prior to approval of the final map
or issuance of building permits, whichever occurs first.
Easements, when required for roadway slopes, landscape easements, drainage facilities,
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 following
information shall be on the ECS:
A. The delineation of the area within the 100-year floodplain;
B. Special Study Zones.
The developer shall comply with all 'constraints which may be shown upon a.n ECS
recorded with any underlying maps related to the subject property,
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 the 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.
R:~S\STAFFRPT~27314.PC 2/24/93 klb 28
85. The developer shall notify the City's CA'IV Franchises of the Intent to Develop. Conduit
shall be installed to CATV Standards at time of street improvements.
86.
A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by
the developer and submitted to the Director of Planning, City Engineer, and City attorney.
The CC&R's shall be signed and acknowledged by all parties having any record title
interest in the property to be developed, shall make the City a party thereto, and shall be
enforceable by the City. The CC&R's shall be reviewed and approved by the City and
recorded. The CC&R's shall be submitted to the following Engineering conditions:
A. The CC&R's shall be prepared at the developer~s sole cost and expense.
The CC&R's shall be in the form and content approved by the Director of Planning,
City Engineer, and the City Attorney, and shall include such provisions as are
required by this approval and as said officials deem necessary to protect the
interest of the City and its residents.
The CC&R's and Articles of Incorporation of the Property Owner's Association are
subject to the approval of Planning, Department of Public Works, and the City
Attorney. They shall be recorded concurrent with the final map. A recorded copy
shall be provided to the City.
The CC&R's shall provide for the effective establishment, operation, management,
use, repair and maintenance of all common areas, drainage and related facilities.
The CC&R's shall provide that if the property is not maintained in the condition
re~luired by the CC&R's, then the City, after making due demand and giving
reasonable notice, may enter the property and perform, at the owner's sole
expense, any maintenance required thereon by the CC&R's or the City ordinances.
The property shall be subject to a lien in favor of the City to secure any such
expense not promptly reimbursed.
(1)
All parkways, open areas, on-site slopes and landscaping shall be
'permanently maintained by the association or other means acceptable to
the City. Such proof of this maintenance shall be submitted to Planning
and the Department of Public Works prior to issuance of building permits.
(2)
Reciprocal access easements and maintenance agreements ensuring access
to all parcels and joint maintenance of all roads, drives or parking areas
shall be provided by CC&R's or by deeds and shall be recorded concurrent
with the map, or prior to the issuance of building permit where no map is
involved.
PRIOR TO ISSUANCE OF BUILDING PERMITS
87.
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 Traffic Engineer for
location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing
compaction and site conditions.
R:~S\STA~314.PC 2/24/93 klb 29
88.
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.
89.
The 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. The 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
AgreemenL the 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
90.
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.
91. All signing and striping shall be installed per the approved signing and striping plan.
92.
The traffic signal at Pauba Road and Margarita Road shall be installed and operational per
the special provisions and the approved traffic signal plan. (At the developer's request,
the City will enter into a reimbursement agreement for costs over and above the approved
project's impacts, as dictated by future approved traffic studies.)
93.
All school zone signing and striping shall be installed per the approved school zone signing
and striping plan.
94.
The developer shall provide "STOP" controls at the intersection of local streets with
arterial streets as directed by the Department of Public Works.
95.
Landscaping shall be limited 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.
96.
Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public
Works at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to
Section Nos. 37, 39, and 94 of the State Standard Specifications.
R:'~S\STAFFILv~27314.1~C 2/24/93 klb 30
OTHER AGENCIES
97.
The applicant shall comply with the environmental health recommendations outlined in
the Riverside County Health Department's transmittal dated July 1, 1992, a copy of
which is attached.
98.
The applicant shall comply with the fire improvement recommendations outlined in the
County of Riverside Fire Department's letter dated May 4, 1992, a copy of which is
attached.
99.
The applicant shall comply with the recommendations outlined in the Eastern Municipal
Water District transmittal dated March 12, 1992, a copy of which is attached.
100o The applicant shall comply with the recommendations outlined in the Rancho California
Water District transmittal dated May 7, 1992, a copy of which is attached.
101.
102.
The applicant shall comply with the recommendations outlined in the Riverside Transit
Agency transmittal dated March 2, 1992, a copy of which is attached. ·
The applicant shall comply with the recommendations outlined in the Temecula
Community Services District transmittal dated August 12, 1992, a copy of which is
attached.
R:\S~STAFFRF~27314.!W3 2/?~/93 kl~ 31
July 1, 1992
CITY OF TEMECULA
43174 Business Park Drive
Temecula, CA 92590
ATTN: Saied Naaseh:
RE: TENTATIVE TRACT MAP NO. 27514: BEING A PORTION OF THE
RANCHO TEMECULA, AS GRANTED BY U.S. GOVERNMENT TO LUIS
VIGNES BY PATENT DATED 1--18--19&0, AS SHOWN BY LIBER 1, PAGE
37, RECORDS OF SAN DIESO COUNTY, AN PARCELS 1,2,&3 OF
PARCEL; MAP B3/97-100 RECORDS OF RIVERSIDE COUNTY, LOCATED
IN THE CITY OF TEMECULA, CALIFORNIA.
(4 LOTS) =
Dear Gentlemen:
The Department of Environmental Health has reviewed
Tentative Tract Map No. 27314 and recommends:
A water system shall be installed according to plans and
specifications as approved by the water company and the
Health Department. Permanent prints of the plans o+ the
water system shall be submitted in triplicate, with a
minimum scale not less than one inch equals 200 ~eet, along
with the original drawing to the County Surveyor. The
prints shall show the internal pipe diameter, location of
valves and fire hydrants~ pipe and joint specifications, and
the size o+ the main at the junction of the new system to
the existing system. The plans shall comply in all respects
with Div. 5, Part 1, Chapter 7 ~+ the Cali+ornia Health and
Safety Code, California Administrative Code, Title 11,
Chapter 16, and General Order No. 103 of the Public
Utilities Commission o+ the State o+ Cali+ornia~ when
applicable. The plans shall be signed by a registered
engineer and water company with the following certi+ication:
"I certi+y that the design of the water system in Tract Map
27514 is in accordance with the water system expansion plans
o+ the Rancho California Water District and that the water
services, storage, and distribution system will be adequate
to provide water service to such Tract Map."
City of Temecula
Page. Two
Attn: Saied Naaseh
July 1, 19~2
This certification does not constitute a guarantee that it
will supply water to such Tract Map at any specific
quantities, flows or pressures for fire protection or any
other purpose". This certification shall be signed by a
responsible official o~ the water company. The plans must
be submitted to The County Surveyor's Office to review at
least two weeks prior to the re0uest ~or the reco~dation
the final ma~.
This subdivision has a statement from Rancho California
Water District agreeing to serve domestic water to each and
every lot in the subdivision on demand providing
satisfactory financial arrangements are completed with the
subdivider. It will benecessary for financial arrangements
to be made prior to the recordation of the final map.
This subdivision is within the Eastern Municipal Water
District and shall be connected to the sewers of the
District. The sewer system shall be installed according to
plans and specifications as approved by the District, the
County Surveyor and the Health Department. Permanent prints
of the plans of the sewer system shall be submitted in
triplicate, along with the original drawing, to the County
Surveyor. The prints shall show the internal pipe diameter,
specifications and the size of the sewers at the junction of
the new system to the existing system. A single plat
indicating location of sewer lines and'water lines shall be
a portion.of the sewage plans and profiles.
The plans shall be signed by a registered engineer and the
sewer district with the following certification: "I certify
that the design of the sewer system in Tract Map No. 27514
is in accordance with the sewer system expansion plans of
the Eastern Municipal Water District and that the waste
disposal system is adequate at this time to treat the
anticipated wastes from the proposed Tract Map."
City of Temecula
Page Three
Attn: Saied Naaseh
July 1, 1992
The ~lans must be submitted to the County Surveyor's Office
to review at least two weeks Qrior to the request for the
recordation of the final ma~.
It will be necessary for ~inancial arrangements to be
completely ~inalized prior to recordation of the final map.
It will be necessary for the annexation proceedings to be
completely finalized prior to the recordation of the final
map.
Sincerely,
.H.S. IV
Department of Environmental
Health
SM:dr
nvv nsmE cot v
FIRE DEPARTMF NT
210 ~ SAN JACI~ AVE~ · PE~S, ~O~ 92~
~4) 657-3183
G~N J. ~
~ C~F
MAY 4, 1992
CITY OF TEMECULA
ATTEN: PLANNING DEPARTMENT
RE: TENTATIVE TRACT 27~14
CHANGE OF ZONE NO. 21
AMENDED NO. ~
With respect to the review and/or approval of the above refer-
enced project, the Pire Department has no comments or conditions
regarding the tract map and will address all necessary Fire
Protection 'measures when the plot plan or project developement
plan is reviewed.
All questions regarding the meaning of conditions shall be re-
ferred to the Planning and Engineering Staff.
RAYMOND H. REGIS
Chief Fire Department Planner
by ~'/~>
Michael E. Gray,
Fire Captain Specialist
f'l INDIO OFFICE
79-733 Counn"y C~ub D~ive, ~ E laak~ CA 92201
(619) 342-8886 · FA~ (619) 775-2072
PLANNING DIVISION
3760 12th S.~t+ ~ CA 92501
(714) 275.4777 e, FAX (714) 369-7451
F~TEMF. CULAOFFICE
41002 C, mamy GMe~ ~ Suite 225. Tz,,'.,,:~a, CA 923~0
(714) 694-5070 · F~X (714) 694-5076
Notch 12, 1992
( Da~e )
Riverside County Health Department
c/o Albert A. Webb Associates
3788 McCray Street
RiverSide, CA 925D6
Gentlemen;
Re: Availability of Sanitary Sewer Service for
ECE!VED
Tentative Parcel Map 27314
We hereby advise you relative to the availability of sanitary sewer service
for the above referenced proposed development as follows:
The property to be occupied by the subject proposed development:
/1X7
ZS PRESENTLY LOCA~D within the boundary lines of this Dtstrict's
Improvement District No. U-8 and is eligible to receive sanitary
sewer service,
/ /
)lUST BE ANNEXEl) to this Dlstrtct.'s Improvement District No.
following wnic~ it will be eligible to receive sanitary
service,
sewer
provided:
i)
NJS'T BE INCLUDED in a new District improvement district, assess-
menu district or other program to be formed and implemented for
the purpose of providing sent. tory sewer facilities and service
for the general area within which this proposed development is
located, following which it will be eligible to receive sanitary
sewer service,
The developer completes all necessary financial and other
arrangements therefore, as determined by the District, with the
Districtby Seotember 1993 ;
2) That no LIMITING CONDITIONS exist which ARE BEYOND this DISll~ICT'S
CO/TTROL or CANNOT BE COST EFFEL~TIVELY and/Or reasonably satisfied
bY"F'!~F~'Distric~, w~ic~ conditions may include but are not limited
to, acts of God, REGULATORY AGENCY REQUZRENENT$ or decisions,
or legal actions initiated by others;
If you have any questions or coments regarding the foregoing, do not hesitate
to contact this office,
Very truly your ,
Assistant Director of Customer Service
MaiZ l~: P.sr Office R.x H~,00 . SanJacintn. C~llfornia 925HI .8~,()0 · Telephone t714~ 925-76T6 . Fax 171.h 929-0 257
Main Office: 20. i5 5. San aI:inm Stree:. 5anJauimD · C,.st,n~er St.'nqce 'Engineering Annex: .i40 E. Oakland Avenue. Hernet.
Names and Addresses of Involved Parties:
Involvement Name
Owner of Property Ltnfield School
Address
31950 Pauba Road
Temecula, CA 92590
Developer
Deveioper's Engineer
Albert A..Webb Assoc.
3788 McCrRy Street
Riverside. CA
General Location of the involved property: North side of Pauba Road. We~t nf
Brief legal description of the involved property:
Tentative Parcel HaD 27314
4. Number of proposed lots/parcels 4 Parcels
5. Estimated number of dwelling units (or equivalent)
6. Other pertinent information
Zoned Senior Citizen. Convalescent
7. Small scale map of the subject proposed development
Area 96.7 (in acres)
Rancho
Water
May 7, 1992
Mr. Saied Naaseh
City of Temecula
Planning Department
43180 Business Park Drive
Temecula, CA 92390
SUBJECT:
Water Availability
Tentative Tract Map 27314
Change of Zone 21
Dear Mr. Naaseh:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD). Water senrice,
therefore, would be available upon completion of financial arrangements
between RCWD and the property owner.
Water availability would be contingent upon the property owner signing an
Agency Agreement which assigns water management rights, if any, to RCWD.
If you have any questions, please contact Ms. Senga Doherty.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICF
Steve Brannon, P, E.
Manager of Development Engineering
SB:ajl~./FI&S
cc: Senga Doherty, Engineering Technician
-/ TA
RIVERSIDE TRANSIT AGENCY
1825 THIRD 5TR~ · RIVERSIDE, G~ 92507-3484 · BUS. (714) 684-0850 FAX (714) 684.1 DD7
March 2, 1992
Saied Naaseh
City of Temecula
Planning Department
43174 Business Pan Drive
Temecula, CA 92590
RE: TT27314
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 forluturo growth, we are requesting that a bus turnout or a pad for a bus
stop be incorporated into the general design.
Ideal site for the bus tumeut wo~id be on northside corner of Pauba Road adjacent to Parcel 3 just
before main entrance to the senior citizen housing.
If possible, we would also like to request that pedestrian walkways and wheelchair curb be
provided near the tumout location specified ,a~ove. 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 efforts to keep us
updated on the status of this request will be very much appreciated. Please let us know when this
project will be completed,
Should you require additional information or specifications, please don't hesitate to contact me.
Sincerely,
Barbam A. Bmy
Transit Planner
ss/isc
PDEV #151
, TO:
FROM:
DATE:
REFERENCE:
SAT~.D NAASEH
SHAWN NELSON ~
DIRECTOR OF CO1VIM'gN1TY SERVICES
AUGUST 12, 1992
TENTATIVE TRACT NO. 27314, AMENDMENT NO.2
The Temecula Community Services Dislrict CTCSD) staff has reviewed the conditions as
set forth in the City of Tcmecula Conditions of Approval and recommends APPROVAL
of Tentative Tract Map No. 27314, Amendment No. 2, subject to the developer or his
assignee conforming to the TCSD Quimby Ordinance No.' 460.93 as attached.
All questions regarding the meaning of the attached conditions shall be referred to the
TCSD.
cc: Gary King
Beryl Yasinosky
Debbie Ubnoske
TEMECULA CO~ SERVICES DISTRICT
Prior to the recordation of the final map, the applicant or Iris assignee, shall offer for dedication
2.3 acres of parkland and execute a Letter of Agreement with the TCSD, to construct a Senior
Center Facility and required parking in accordance with City Standards and the Development
Agreement.
All proposed slopes, open space, and parkland intended for dedication to the TCSD for
maintenance purposes shall be identified on the final map by numbered lots and indexed to
identify said lot numbers as a proposed TCSD maintenance areas.
Exterior slopes (as deftned as: those slopes contiguous to public streets that have a width of 66'
or greater), shall be offered for dedication to the TCSD for maintenance purposes 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).
ATTACHMENT NO. 3
EXHIBITS
R:\S~STAFFRPT~27314.I,C 2/24/93 k~o 32
CITY OF TEMECULA
CASE NO.: Development Agreement No. 92-01 :
Change of Zone No. 21
Tentative Parcel Map No. 27314, Amendment No. 3
E_XtHRIT: A
~ 2. DATE: March 1, 1993
SITE PLAN
R:\S~STAFFRPT\27314.PC 2124/93 klb
CITY OF TEMECULA
CASE NO.:
EXHIBIT: B
P.C. DATE: March 1, 1993
Development Agreement No. 92-01
Change of Zone No. 21
Tentative Parcel Map No. 27314, Amendment No. 3
TENTATIVE PARCEL MAP
R:~SXSTAFFRpTX273J4.l~C 2/24/93 klb
ATTACHMENT NO. 4
INITIAL ENVIRONMENTAL STUDY
R:~S\STAFFP-PT~27314.t~C 2/24/93 klb 33
CITY OF TEMECULA
PLANNING DEPARTMENT
H
BACKGROUND
Name of Proponent:
Address and Phone
Number of Proponent:
Linfield Christian School
31950 Pauba Road
Temecula, CA 92592
3. Date of Environmental
Assessment:
4. Agency Requiring
Assessment:
June 20, 1992
CITY OF TEMECULA
5. Name of Proposal,
if applicable:
6. Location of Proposal:
ENVIRONMENTAL IMPACTS
N/A
Surrounded by Pauba Road to the south and Rancho
Vista Road to the north and 700 feet east of Margarita
Road
(Explanations of all answers are provided on attached sheets.)
Yes Maybe No
1. Earth. Will the proposal result in:
Unstable earth conditions or in
changes in geologic substructures?
X
Disruptions, displacements, compac-
tion or overcovering of the soil?
X
Substantial change in topography
or ground surface relief features?
X
The destruction, covering or modi-
fication of any unique geologic or
physical features?
X
R:\S\STAFFRPT\27314.1ES 2/23/93
Any substantial increase in wind or
water erosion of soils, either on
or off site?
Changes in deposition or erosion
of beach sands, or changes in
siltation, deposition or erosion
which may modify the channel of a
river or stream or the bed of the
ocean or any bay, inlet or lake?
Exposure of people or property
to geologic hazards such as earth
quakes, landslides, mudslides,
Found failure, or similar hazards?
Air. Will the proposal result in:
Substantial air emissions or
deterioration of ambient air
quality?
b. The creation of objectionable
odors?
· C.
Alteration of air movement,
moisture, or temperature, or any
change in climate, whether locally
or regionally?
Waler. Will the proposal result in:
Substantial changes in currents, or
the course or direction of water
movements, in either marine or
fresh waters?
Substantial changes in absorption
rates, drainage paRems, or the
rate and amount of surface runoff?.
Alterations to the course or flow
of flood waters?
Change in the amount of surface
water in any water body?
R:\S\STAFFRPT%27314,1ES 2/23/93 Idb
Yes Maybe No
X
X
X
X
X
X
X
Discharge into surface waters, or
in any alteration of surface water
quality, including, but not limited
to, temperature, dissolved oxygen
or turbidity?
Alteration of the dir6ction or rate
of flow of ground waters?
Change in the quantity of ground
waters, either through direct addi-
tions or withdrawals, or through
interception of an aquifer by cuts
or excavations?
Substantial reduction in the amount
of water otherwise available for
public water supplies?
Exposure of people or property to
water related hazards such as flood-
ing or tidal waves?
Plant Life. Will the proposal result in:
Change in the diversity of species,
or number of any native species of
plants (including trees, shrubs,
grass, crops, and aquatic plants)?
Reduction of the numbers of any
unique, rare, or endangered species
of plants?
Introduction of new species of
plants into an area of native
vegetation, or in a barrier to the
normal replenishment of existing
species?
Substantial reduction in acreage
of any agricultural crop7
Yes Maybe N__o
X
-- _ X
X
X
R:\S\STAFFRPT~27314AES 2~23~93 klb
10.
Animal Life. Will the proposal result
in:
Change in the diversity of species,
or numbers of any species of animals
(birds, land animals including rep-
tiles,' fish and shellfish, benthic
organisms or insects)?
Reduction of the numbers of any
unique, rare or endangered species
of animals?
Deterioration to existing fish or
wildlife habitat?
Noise. Will the proposal result in:
a. Increases in existing noise levels?
Exposure ofpeopleWsevere noise
levels?
Light and Glare. Will the proposal
produce substantial new light or glare?
Land Use. Will the proposal result in a
substantial alteration of the present or
planned land use of an area?
Natural Resources. Will the proposal
result in:
Substantial increase in the rate of
use of any natural resources?
Substantial depletion of any non-
renewable natural resource?
Risk of Upset. Will the proposal
involve:
A risk of an explosion or the release
of hazardous substances (including,
but not limited to, oil, pesticides,
chemicals or radiation) in the event
of an accident or upset conditions?
Yes Maybe N._Q
X
X
X
X
_ _ __x
X
X
X
R:\S\STAFFRPT%27314.1ES 2/23/93 klb
11.
12.
13.
14.
Possible interference with an emerg-
ency response plan or an emergency
evacuation plan?
Population. Will the proposal alter
the location, distribution, density, or
growth rate of the human population of
an area?
Housing. Will the proposal affect
existing housing or create a demand for
additional housing?
Transportalion/Circulafion. Will the
proposal result in:
Generation of substantial additional
vehicular movement?
Effects on existing parking facili-
ties, or demand for new parking?
Substantial impact upon existing
transportation systems?
Alterations to present patterns of
circulation or movement of people
and/or goods?
Alterations to waterborne, rail or
air traffic?
Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
Public Services. Will the proposal have
substantial effect upon, or result in a
need for new or altered governmental
services in any of the following areas:
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks or other recreational
facilities?
R:\S%STAFFRPT~27314.1ES 2123193 klb
Yes Maybe N._.Qo
X
X
X
X
X
X
X
X
X
X
X
15.
16.
17.
18.
Maintenance of public facilities,
including roads?
f. Other governmental services:
Energy. Will the proposal result in:
Use of substautiai mounts of fuel
or energy?
Substantial increase in demand
upon existing sources of energy,
or require the development of new
sources of energy?
Utilities. Will the proposal result in
a need for new systems, or substantial
alterations to the following utilities:
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
Human Health. Will the proposal
result in:
Creation of any health hazard or
potential health hazard (excluding
mental health)?
Exposure of people to potential
health hazards?
Aesthetics. Will the proposal result
in the obstruction of any scenic vista
or view open to the public, or will the
proposal result in the creation of an
aesthetically offensive site open to
public view?
R:\S\STAFFRPT~27314.1ES 2~23~93 klb
Yes Maybe N__o
X
X
X
X
X
19.
20.
21.
Recreation. Will the proposal result in
an impact upon the quality or quantity
of existing recreational opportunities?
Cultural Resources.
Will the proposal result in the
alteration of or the destruction
of a prehistoric or. historic
archaeological site?
by
Will the proposal result in adverse
physical or aesthetic effects to a
prehistoric or historic building,
strumre, or object?
Cv
Does the proposal have the potential
to cause a physical change which
would affect unique ethnic cultural
values?
Will the proposal restrict existing
religious or sacred uses within the
potential impact area?
Mandatory Findings of Significance.
Does the project have the potential
to degrade the quality of the
environment, substantially reduce
the habitat of a fish or wildlife
species, cause a fish or wildlife
population to drop below self
sustaining levels, threaten to
eliminate a plant or animal or
eliminate important examples of
the major periods of California
history or prehistory?
Does the project have the potential
to achieve short-term, to the
disadvantage of long-term, environ-
mental goals? (A short-term
impact on the environment is one
which occurs in a relatively brief,
definitive period of time while long-
term impacts will endure well into
the future.)
Yes Maybe No
X
X
X
X
R:\S\STAFFRPT~27314,1ES 2/23/93 klb
Does the project have impacts which
are individually limited, but cumu-
latively considerable? (A project's
impact on two or more separate
resources may be relatively small,
but where the effect of the total of
those impacts on the environment
is significant.)
Does the project have environmental
effects which will cause substan-
tial adverse effects on human beings,
either directly or indirectly?
Yes Maybe N._Q
X
R:\S\STAFFRPT~27314.1ES 2/23/93 Idb
HI DISCUSSION OF THE ENVIRONMENTAL EVALUATION
Earth
1.a.
No. The proposed project is not anticipated to cause changes in geologic substructures
and create unstable earth conditions. Sinco this approval does not provide entitlements
for structures, no mitigation measures are necessary at this point, However, the Public
Works Department is responsible for implementation. of necessary mitigation measures
prior to issuance of grading permits to. insure stable earth conditions for the project.
1.b.
Yes. The approval of this project will not cause disruptions, displacements, compaction
or overcovering of the soil. The ultimate development of this site will eventually cause
these conditions. However, these conditions will not cause a substantial impact on the
environment as no substantial changes in topography are necessary.
1 ,c.d.
I.e.
No. The project site does not contain unique geologic or physical features as determined
by a site inspection. Therefore, no substantial changes in topography or ground surface
relief features will result. There is no substantial environmental impact.
Maybe. The ultimate build0ut of the project may result in wind and water erosion of
soils as a result of grading. However, standard mitigation measures during the grading
stage including watering the disturbed areas to prevent dust and proper erosion control
during and after the grading will reduce the impacts to a level of insignificance.
1.f.
No. The site drainage for this project will be channeled through existing improvements
and the runoff from this project is not anticipated to cause any offsite erosion. No
significant impacts are anticipated.
1.g.
No. The project site is not located in an earthquake, landslide, mudslide, ground failure
hazard zones as determined in the Southwest Area Plan (SWAP). No significant impacts
are anticipated.
Air
2.a.
No. The construction equipment associated with the construction of the project and the
traffic generated by the ultimate residents and user's of the project are the major
contributors to air emissions. However, these impacts are not considered significant
since the construction is for a limited time oniy and the traffic generated from a senior
housing project is not significant.
2.b.
No. Objectionable odors are usually associated with commercial and industrial uses.
Since this project is exclusively residential in nature there are no significant impacts.
2.c.
No. Due to the size of the project site and its location within the South Coast Air Basin,
the alteration of air movements, moisture or temperature, or any change in climate would
not occur in conjunction with the ultimate development of the proposed project. No
significant impacts are anticipated.
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Water
3.a.
3.b.
3.d.
3.f.
3.g.
3.h.
3.i.
Plant Life
4.a.c.
No. The ultimate development of the proposed project will not result in increased storm
water flows in any marine or fresh waters. No significant impacts are anticipated.
Yes. By covering the project site with co.ncrete, asphalt and landscaping, the absorption
rate of the site under existing conditions would be reduced and the mount of surface
runoff would be increased. The existing 120 inch storm drain is sufficient to carry this
rimoff; therefore, no significant impacts are anticipated.
Maybe. The ultimate buildout of the project will result in construction of dwelling units
in the flood plain. The pads for these dwellings will be elevated above the flood plain.
No significant impacts are anticipated to the coune or flow of flood waters.
No. The construction of impervious surfaces on the project site will not substantially
alter the existing drainage patterns nor proposed drainage patterns because of the size and
location of the project. No significant impacts are anticipated.
No. Stormwater runoff and possibly irrigation runoff from the proposed project would
ultimately flow into the Santa Margarita River. Runoff pollutants will be typical of those
of urbanized areas, including motor oil, pesticides, herbicides and fertilizers. This
impact will be mitigated by the clearance issued by the State Water Resources Control
Board. This clearance will insure compliance with the National Pollutant Discharge
Elimination System (NPDES). No significant impacts are anticipated.
No. The runoff from the project is conveyed to Murrieta and Temecula Creeks which
flow into the Santa Margarita River. Both Murrieta and Temecula Creeks and the Santa
Margarita River recharge the Found water in the Murrieta-Temecula basin. The runoff
from this project is not anticipated to change the direction or rate of flow of Found
waters. No significant impacts are anticipated.
No. The project site is within Rancho Water District and will not draw from the ground
water for their everyday use. Therefore, no significant impacts are anticipated.
No. Rancho Water District has indicated the availability of water to serve this project.
Therefore, ~here is no potential for substantial reduction in the availability of water. No.
significant impacts are anticipated.
Maybe. Aportion ofthe project site is within the ~ood plain. However, the project will
be conditioned to construct the dwelling units above the flood plain limit per the FEMA
standards which will mitigate any impacts to people and property from water related
hazards such as flooding. No significant impacts are anticipated.
Yes. The Biological Assessment prepared for the project site determined existence of
Non-U.S. waters wetland on the site. The project is conditioned for obtaining clearances
from Fish and Game and Army Corps of Engineers prior to approval of any development
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4.b.c.
Animal Life
5.a.
5.b.
5.c.
Noise
6.a.
6.b.
applications. The project in general will introduce new species of plane and will
eliminate the native plants present at this time. However, none of the existing species
are considered sensitive. No significant impacts are anticipated.
No. The proposed project will not reduce the numbers of any unique, rare, or
endangered species of plants as determined by the Biological Assessment. The project
site is not presently being used for agricultural purposes; therefore, no significant impacts
are anticipated.
Maybe. The ultimate development of the site may eliminate some of the native animals
on the site however, some may survive in an urban environment. The only additions to
the animal life are expected to be household pets. The impact of this development is not
considered significant for this category.
No. The biological study recommended a focused K-Rat survey which identified no
Steven's Kangaroo Rats on the site. No other sensitive or endangered species were
identified on the site by the biological study. Therefore, no significant impacts are
anticipated.
No. Since there is no significant habitat for any sensitive species other than the wetland
there is no significant impact~ The wetlands will be protected by two fifty (50) foot
easements and will be incorporated into the design of the golf course.
No. The ultimate development of the site will not significantly increase the existing noise
levels. The short term impacts are associated with the construction of the project and the
long term impacts will mostly result from the traffic generated by this project. Due to
the size and location of this project these impacts are not considered significant.
Maybe. The proposed project abuts an existing high school stadium. The noise
generated from this stadium is expected to impact at least a portion of the senior housing
project. Since the exact location and type of the dwelling units is not known at this time,
a detailed noise study will be required to mitigate the impacts of the stadium noise on this
project. The mitigation measures may include building orientation, design features,
landscaping, etc. No significant impacts are anticipated.
Light and Glare
No. The project will not result in a significant increase in the light and glare of the area.
Furthermore, the project will be conditioned to comply with Mt. Palomar lighting
requirements. All lights will be conditioned to be directed on site, therefore, reducing
the impact on the neighboring properties to a level of insignificance.
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The light and glare produced from the high school stadium will impact this project which
has been conditioned to deal with this impact. The conditions will be enforced at the plot
plan stage and include building orientation, building design, setbacks, etc.
Land Use
Yes. This project includes a zone change from R-R to R-3. The R-R zoning designation
permits low density single family development with minimum .5 acre lots and a variety
of commercial uses. The R-3 zoning designation will create high density senior housing
and the supporting uses which will be dictated by the Development Agreement. This
change will not result in a significant impact because of the low impact nature of senior
housing.
Natural Resources
9.a.b.
No. Implementation of the proposed project would increase the rate of consumption of
both renewable and nonrenewable natural resources dur'mg construction and project
operation. Natural resources consumed during construction would be aggregate
materials, timber, and energy resources for on-site construction equipment and for
transport vehicles which would bring supplies to the site. At build out, energy resources
required during project operation would include gasoline, natural gas for heating and
cooling, electricity for lighting, and appliances. As all of these resources are readily
available commercially, the proposed project would not have a significant impact on
natural resources.
Risk of Upset
10.a.
No. The proposed project is residenf:al in nature and it is not expected to house any
material with the potential for an explosion or the release of hazardous substance. The
gasoline in the tanks of the residents' and the visitors' cars and the pesticides used for
malntenanco of the landscaping are not expected to create significant impacts.
10.b.
No. The proposed project will be reviewed by the Fire Department at the Plot Plan
stage; therefore, all response time and emergency vehicle turnarounds will be examined
at that stage. No significant impacts are anticipated.
Ponulati0n
ll.a.
No. The ultimate build out of the project will increase the senior citizen population in
the project vicinity. This increase could be in the form of out of town residents moving
into the city, relocation of Temecula residents in the area or a combination of the two.
This impact is not expected to be ~igni~cant.
Housing_
12.
Yes. This project will have a positive impact on the housing in the region since it will
provide additional housing for senior citizens. No negative significant impact is
anticipated.
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Transportation/Circulation
13.a.c.
Maybe. The project will generate approximately 1,610 dally vehicle trips, 130 of which
axe expected to occur during the evening peak hour. According to the traffic study, the
major intersections impacted by this project will operate at Level of Service C or better.
No significant impacts axe anticipated sir~ce mitigation measures have been incorporated
into the project. These mitigation measures include improving Pauba Road and Rancho
Visit Road bordering the project to their ultimate half-section widths as secondary
highways (88 feet right-of-way) in conjunction with development. A painted median with
left turn pockets will be provided for traffic on Rancho Visit Road and on Pauba Road
desiring to turn left into the project entrances. The project will be required to participate
in the future construction of off-site capital improvements through established procedures.
13.b.
No. The project will not create additional demand on existing paxking facilities since the
proper number of parking spaces will be provided for the site as required by Ordinance
No. 348. Therefore, no significant impacts axe anticipated.
13.d.
No. The development of this project will not cause any alterations to present patterns of
circulation or movement of people and/or goods since the major roads axe already
esitblished in the vicinity of the project. Therefore, no significant impacts are
anticipated.
13.e.
No. This project will not cause alterations to waterbgrne, rail or air traffic due to the
nature of the project, its geographic location, and local transportation system. Therefore,
no significant impacts axe anticipated.
13.f.
Maybe. Project-related traffic could create new traffic hazards to motor vehicles,
bicyclists, and pedestrians, both on and off the project site. Points of conflict Would be
created as a result of additional points of ingress and egress along Pauba Road and
Rancho Visit Road. Internal circulation patterns could also result in potential hazards
to pedestrians.
The ful!owing measures need to be incorporated into the project design to reduce the
impacts of the project to an insignificant level:
The gate for the proposed senior housing should be setback from the Right-of-
Way to allow for proper stacking of cars behind the gate.
Vehicular and pedestrian entries to the project should be clearly identifiable to
visitors through the use of signage, haxdscaping and landscaping.
Circulation within the site should be designed to minimize conflicts between
automobiles and pedestrians.
A pedestrian friendly design needs to be incorporated into the project design
providing adequate pedestrian circulation. Accent paving, crosswalks,
landscaped walkways and adequate lighting should be used to identify and
enhance pedestrian walks.
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· Consideration should be given to providing safe pedestrian access through
parking areas and from the public street walkways to building entrances.
Public Services
14.a.
No. Mitigation fee of $400.00 dollars for each unit will be collected to mitigate the
impacts of this development on Fire Service. The Fire Department will review the Plot
Plan for this project to insure adequate service. No significant impacts are anticipated.
14.b.
No. The City of Temecula is contracting through the RiVerside County SherifFs
Department for law enforcement services. This contract provides for thirty-one sworn
officers and seven non-sworn officers. Additional services are provided to the City
through various divisions within the Sheriff's Department. The average response time
for priority one calls is 6.5 minutes and according to the Sheriffs Department this
response time is well within industry standards for adequate service levels. The City
intends to maintain a ratio of 1 officer per 1,000 residents. No significant impacts are
anticipated.
14.c.
No. The proposed project is an exclusively senior housing project. No school aged
children are anticipated to be generated from this project. No significant impacts are
anticipated.
14.d',
No. The proposed project will include a private golf course and other active amenitias.
A senior center might also be a part of this project which will ereate new activities for
the residents. No significant impacts are anticipated.
14.e.
No. The project will cause increased traffic on city streets; however, this is not
considered a significant impact (refer to No. 13).
14.f.
Erieray
15.a.b.
Maybe. The future project residents will be using governmental services such as
libraries; however, a $100.00 per dwelling unit mitigation fee imposed on this project
will mitigate the impact. No significant impacts are anticipated.
No. The implementation of the proposed project would increase the rate of consumption
of fuel and other energy resources. During construction, construction equipment would
be consuming energy resources. At buildout, energy resources would be required during
project operation, such as gasoline, natural gas and electricity. However, the proposed
project would not result in the use of substantial mounts of fuel or energy which are
commercially abundant. No significant impacts are anticipated.
R:~S~STAFFRPT~27314,1ES 2/23/93 Idb
Utilities
16.a.b.c.
d.e.f.
No. All the utilities and services are within close proximity to the project site and will
be extended to the project site with agreements between the developer and the individual
agencies. No significant impacts are anticipated.
Human Health
17.a.b.
No. The nature of the proposed uses permitted on the project Site is not such that they
would create potential health hazards. No significant impacts are anticipated.
Aesthetics
18.
Maybe. The project will go through further review in terms of architecture and
landscaping when a Plot Plan application is filed. All aesthetics issues will be dealt with
at that stage. At that time close anention shall be given to the impacts, if any, to the
existing single family dwellings to the north of the project site and the existing schools
on the west and east of the site. No significant impacts are anticipated.
Recreation
19.
Yes. The proposed project will include a private golf course and other active amenities.
A senior center may also be a part of this project which will create new activities for the
residents. These impacts are considered positive and will not cause significant negative
impacts.
Cultural Resources
20.a.b.c.d.
No. The proposed project will not have a significant impact on prehistoric or historic
cultural resources according to the University of California Eastern Information Center.
This conclusion was made upon completion of a Phase I study. A condition will be
imposed on the project to have a qualified archaeologist present at the time of grading
as required by the Eastern Information Center.
R:\S\STAFFRPT~27314.1E$ 2/23~93 klb
ENVIRONMENTAL DE-tERMINATION
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant
effect on the environment, and a NEGATIVE DECLARATION will be
prepared.
I fred that although the proposed project could have. a signi-
ticant effect on the environment, there will not be a signi-
ticant effect on this case because the mitigation measures
described On attached sheets and in the Conditions of Approval
have been added to the project.
A NEGATIVE DECLARATION WILL BE PREPARED.
I find the proposed project MAY have a significant effect on
the environment, and an ENVIRONMENTAL IMPACT REPORT is
required.
February 2. 1993
Date
For CITY OF TEMECULA
R:\S\STAFFRPT%273'I4.11ES 2/24/93 kJb
ATI'ACHMENT NO. 5
DEVELOPMENT AGREEMENT
RECORDED AT THE REQUEST OF
City Clerk
City of Temecula
WI{EN RECORDED RETUI~N TO
City Clerk
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
DEVELOPMENT AGREemeNT'
BETWEEN
CITY OF TEM~CULA
and
-r~a~ LINFIELD SCHOOL
R:\S~STAFFRPT~L~LD.DA 2/23/93 klb ' 1 -
DEVELOPMENT AGP, MEMENT
BETWEEN
CITY OF TEMEuu~A
and
~'~L~ LINFIELD SCHOOL
This Development Agreement ("Agreement") is entered
into to be effective on the date it is recorded with the
Riverside County .Recorder (the "Effective Date") byand among the
City of Temecula, a California municipal corporation ("City") and
the persons and entities listed below ("Owner"):
THE LINFIELD SCHOOL
RECITALS
A. The legislature of the State of California has
adopted California Government Code Section 65864-65869.5
("Development Agreement Legislation") which authorizes a city to
enter into a binding development agreement with persons having
legal or equitable interests'in real property located within a
city's municipal boundaries for the development of such
property.
B. Pursuant and subject to the Development Agreement
Legislation, 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 under which such
property may be developed in the City.
C. In lieu of obtaining approval of a Specific Plan
for the development of the Property, Owner has requested City to
consider entering into a development agreement relating to the
Property.
D. By electing to enter into this Agreement, City
shall bind future members of the City Council of City by the
obligations specified herein and further limit the future
exercise of certain governmental and proprietary powers of and
members of the City Council.
E. The terms and conditions of this Agreement have
undergone extensive review by the staff of the City and the City
Council of City and have been found to be fair, just and
reasonable.
F. City finds and determines that it will be in the
best interests of its citizens and the public health, safety and
welfare will be served by entering into this Agreement.
G. All of the procedures of the California
Environmental Quality Act have been met with respect to this
Agreement.
H. City was incorporated on December 1, 1989.
Pursuant to California Government Code Sections 65360 and 65361,
the City has forty-two (42) months following incorporation to
prepare and adopt a general plan. During this 42-month period,
the City may approve development projects without being subject
to the requirement that its decisions be consistent with the
general plan so long as the findings set forth in Section 65360
and the conditions of approval of the California Office Of
Planning and Research are met.
I. Pursuant to City Ordinance No. 90-4, the City has
adopted the County of Riverside's land use, subdivision and
mitigation fee ordinances as amended by City Ordinance Nos. 90-05
through 92-15. Pursuant to City Resolution No. 90-31, the City
has adopted the Riverside County Southwest Area Community Plan
("SWAP"), as a planning guideline during the preparation of the
City's General Plan. ~
J. The City Council of City hereby finds and
determines that:
(1) The City is proceeding in a timely fashion
with the preparation of its general plan.
(2) There is a reasonable probability that the
Project will be consistent with the draft
~ general plan proposal presently being
considered.
(3) There is little or' no probability of
substantial detriment to or interference with
the future adopted general plan if the
Project is ultimately inconsistent with the
plan.
(4) The Project complies with all other
applicable requirements of state law and
local ordinances.
K. Owner is the fee owner of a ninety-six and nine-
tenths (96.9) acre parcel of undeveloped land located South of
Rancho Vista Road, east of Temecula Valley High School and north
of Pauba Road, hereinafter referred to as the "Property" as
described in Exhibit "A" attached hereto and made a part herein
by this reference. This Agreement applies to the development of
a forty-eight and three-tenths (48.3) acre portion of the
Property, comprised of Lots 1-4 of Tentative Parcel Map No.
27314.
L. City and Owner desire that the Property be
developed as a Senior Citizen Housing Development as further
described herein.
M. The City Council of City hereby finds and
determines that:
(1) The environmental impacts of this Agreement
have been reviewed and all measures deemed feasible to
mitigate adverse impacts thereof have been incorporated into
the City approvals for the Project.
(2) No other mitigation measures for
environmental impacts created by the Project, as presently
approved shall be required for development of the Project
unless mandated by law.
(3) City may, pursuant to and in accordance with
its rules, regulations, and ordinances, conduct an
environmental review of subsequent discretionary
entitlements for the development of the Property or any
changes, amendments, or modifications to the Property. The
City, as a result of such review, may impose additional
measures (or conditions) to mitigate as permitted by law the
R:\S\STAFFP, PT~INFI~LD.DA 2/23/93 klb -3-
adverse environmental impacts of such development
entitlement which were not considered or mitigated at the
time of approval of the project.
(4) Should the Owner propose more than 240
dwelling units for parcel 2 of the property then the
environmental impacts of those additional units shall be
evaluated, and the City may condition the project as necessary to
mitigate such additional units.
N. Within forty-eight (48) hours of the effective
date of this Agreement, Owner shall deliver to the Planning
department a check payable to the County Clerk in the amount 6f
One Thousand Two Hundred Seventy-Five Dollars (1,300.00),. which
includes the One Thousand Two Hundred Fifty Dollars ($1,250.00)
fee required by Fish and Game Code Section 711.4(d)(2) plus the
Twenty-Five Dollar ($50.00) County administrative fee to enable
the City to file the Notice of Determination required under
Public Resources Code Section 21152 and 14 Cal. Code of
Regulations 15075. If within such forty-eight (48) hour period
the Owner has not delivered to the Planning Department the check
required above, this Agreement shall be void by reason of failure
of condition, Fish and Ga/ne Code Section 711.4(c~.
O. City Council of City has approved this Agreement
by Ordinance No. adopted on , 1993, and effective
on , 1993.
NOW, THEREFORE, in consideration of the above Recitals
and of the mutual covenants hereinafter contained and for other
good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree:
1. Definitions. In this Agreement, unless the
context otherwise requires:
(a) "Congregate Care Facility" is a congregate
care residential facility developed pursuant to Riverside County
Ordinance No. 460, and Sections 8.1, 8.2, 19.101, 19.102 and
19.103 of Riverside County Ordinance No. 348.
(b) "City" is the City of Temecula.
(c) "Development Approvals" means all those
discretionary land use entitlements necessary to develop the
Property, including, but not limited to, zoning changes,
tentative subdivision maps, plot plans, and conditional use
permits.
(d) "Development ExaCtion" means any requirement
of City in connection with or pursuant to any Land Use Regulation
or Development Approval for the dedication of land, the
construction of improvements or public facilities, or the payment
of fees in order to lessen, offset, mitigate or compensate for
the impacts of development on the environment or other public
interests.
(e) "Development Plan" means the development of
the Property as depicted in Exhibit G.
(f) "Existing Development Approvals" means those
certain Development Approvals in effect as of the effective date
of this Agreement with respect to the Property, including,
R:~S\STAFFRFI'~LINFIF. ID.DA 2/23/93 klb -4-
without limitation, the "Existin9 Development Approvals" listed
in Exhibit B which were approved by the City of Temecula.
(g) "Land Use Regulations" means all ordinances,
resolutions, codes, rules, regulations and official policies of
City, 9overning the development and use of land including without
limitation, the permitted use of lsand, the density or intensity
of use, subdivision requirements, t~e maximum height and size of
proposed buildings, the provisions for reservation or dedication
of land for public purposes, and the design, improvement and
construction standards and specifications applicable to the
development of the Property which are a matter of public record
on the Effective Date of this Agreement. "Land Use Regulations"
does not include any County or City ordinance, resolution, code,
rule, regulation, or official policy, governing:
(1) The conduct of businesses, professions,
and occupations;
(2) Taxes and assessments;
(3) The control and abatement of nuisances;
(4) The granting of encroachment permits and
the conveyance of rights and interests which provide for the
use of or the entry upon public property;
(5) The exercise of the power of eminent
domain.
(h) "Senior Citizen Housing Development" means a
multi-family development intended for persons 55 years of age or
older, as further defined at California Civil Code Section 51.3.
(i) "Subsequent Development Approvals" means all
Development Approvals required subsequent to the Effective Date
in connection with development of the Property.
(j) "Project" is the development of the Property
with the following specific uses: (i) multifamily senior housing
complex; (ii) congregate care facility; (iii) skilled nursing
facility; (iv) personal care facility, and (v) Seniors' Community
Center; and (vi) a nine (9) hole private golf course.
(k) '~Owner" means the person having a legal
interest in the Property;
(1) "Subsequent Land Use Regulation" means any
Land Use Regulation adopted and effective after the Effective
Date of this Agreement.
(m) "Property" is the real property referred to
in Exhibit "A".
2. Interest of Owner. Owner represents that he has a
legal interest in the Property and that all other persons holding
legal or equitable interests in the Property are to be bound by
this Agreement.
3. Exhibits. The following documents are referred to
in this Agreement, attached hereto and made a part hereof by this
reference:
R:\S\STAFFRF~LMIBLD.DA 2/23/93 klb -5-
Exhibit Referred to
Designation Description in ParaGraph
A Legal Description of the K
Property
B Existing Development l(f), 15.2
Approvals
C Development Schedule 9, 10
D Public Facility Fee 14.2
Agreement
E Fee Credit 14.3
F Deed Restriction 10
G Development Plan 9
4. Term.
(a) The term of this Agreement shall commence on
the Effective Date and shall extend for a period of ten (10)
years thereafter, unless this Agreement is terminated, modified
or extended by circumsnances set forth in this Agreement or by
mutual consent of the parties hereto.
(b) Should the Owner: (i) fail to obtain all
Subsequent Development Approvals to develop and complete the
Project, or (ii) breach the Development Schedule, Owner agrees to
City amending the land use designation to Low Medium Density
Residential or Public Institutional, and amending the zoning to
Single Family Residential (R-I) or Public Institutional.
(c) Notwithstanding any other provisions of this
Agreement, upon the sale or lease of any lot, dwelling or unit to
a member of the public or other ultimate user, this Agreement
shall terminate. with respect to any such lot, dwelling, unit or
space, and such lot, dwelling, unit or space shall be released'
and no longer be subject to this Agreement without the execution
or recordation of any further document upon satisfaction of both
of the following conditions:
(1) The lot has been finally subdivided and
individually (and not in "bulk") sold or leased to a member
of the public or other ultimate user; and,
(2) A Certificate of Occupancy has been
issued for a building or the lot, and the fees set forth
under Section 14 of this Agreement have been paid.
Notwithstanding the sale of any individual lot,
dwelling, unit or space as set forth herein, the Owner shall
remain liable to perform any and all outstanding obligations,
still unperformed or uncompleted at the time of sale, with
respect to said lot, dwelling, unit or space required by this
Agreement or as a condition of any development approval. The
Owner shall condition the sale and deed sufficiently to ensure
the completion of said obligations.
R:\S',STAFFRI'TMD.DA 2/23/93 klb ,-6-
5. Assignment.
5.1 Right tO ASsign. The Owner shall have the
right to sell, transfer, or assign the Property in whole or in
part (provided that no such partial transfer shall violate the
Subdivision Map Act, Government Code Section 66410, et ~ea., 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 assignmen~
shall include the assignment and assumption of the rights,
duties, and obligations arising under or from this Agreement and
be made in strict compliance with the following conditions
precedent:
(a) No sale, transfer, or assignment of any
right or interest under this Agreement shall be made unless
made together with the sale, transfer, or assignment of all
or a part of the Property.
(b) ConcUrrent with any such sale, transfer
or assignment, or within fifteen (15) business days
thereafter, the Owner shall notify City, in writing, of such
sale, transfer, or assignment and shall provide City with an
executed agreement, in a form acceptable to the City
Attorney, by the purchaser~ transferee, o;r assignee and
providing therein that the purchaser, transferee, or
assignee expressly and unconditionally assumes all the
duties and obligations of the Owner under this Agreement.
Any sale, transfer, or assignment not made in strict
compliance with the foregoing conditions shall constitute a
default by the Owner under this Agreement. Notwithstanding the
failure of any purchaser, transferee, or assignee to execute the
agreement required by Paragraph (b) of this Subsection, the
burdens of this Agreement shall be binding upon such purchaser,
transferee, or assignee, but the benefits of this Agreement shall
not inure to such purchaser, transferee, or assignee until and
unless such agreement is executed.
5.2 Release of TranSferrin~ Owner.
Notwithstanding any sale, transfer, or assignment, a transferring
Owner shall continue to be obligated under this Agreement unless
such transferring Owner is given a release in writing by City,
which release shall be provided by City upon the full
satisfaction by such transferring Owner of all of the following
conditions:
(a) The Owner no longer has a legal or
equitable interest in all or any part of the Property except
as a beneficiary under a deed of trust.
(b) The Owner is not then in default under
this Agreement.
(c) The Owner has provided City with the
notice and executed agreement required under Paragraph (b)
of Subsection 5.1 above.
(d). The purchaser, transferee, or assignee
provides City with security equivalent to any security
previously provided by Owner 'to secure performance of its
obligations hereunder.
R:~S~STAI~IFT~LINI~,LD.DA 2/23/93 kib - 7 -
5.3 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 0wner'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.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.
City will not unreasonably withhold its consent to any such
requested interpretation provided such interpretation 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 interpretations and shall make reimbursement payments
to City within thirty (30) days of receipt of an invoice from
City.
Any Mortgagee of the Property shall be entitled to the
following rights and privileges:
(a) Neither entering into this Agreement nor a
breach of this Agreement shall defeat, render invalid, diminish
or impair the lien of any mortgage on the Property made in good
faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of
trust encumbering the Property, or any part thereof, which
Mortgagee has Submitted a request in writing to the City in the
manner specified herein for giving notices, shall beentitled 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 6.3 of
this Agreement.
(e) Any Mortgagee who comes into possession of
the Property, or any portion thereof, pursuant to subsection (d)
above and who elects not to assume the obligations of the Owner
set forth herein shall not be entitled to any rights to develop
which have or may have vested as a result of this Agreement.
7. Binding Effect Of Agreement. The burdens of this
Agreement bind and the benefits of the Agreement inure tothe
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. Project Zoning. Pursuant to the Existing
Development Approvals, the Project description contained at
Section 16.1 of this Agreement, and the Development Plan, the
Property has been rezoned from Rural-Residential (R-R) to General
Residential (R-3) to permit Project development. The land use
designation under the City's Draft General Plan is Public
Institutional and High Density Residential. The rezoning and
proposed land use designation is conditional upon the completion
of the Project pursuant to the Development Schedule. Any
substantial breach of the Existing Development Approvals,
Development Schedule or Development Plan shall constitute a
material breach of the Agreement.
10. Development Schedule.
(a) Owner shall develop the Property pursuant to
the Development Schedule contained in Exhibit C.
(b) Concurrently with recording Parcel Map No.
27314, Owner shall record a deed restriction in substantially the
form of Exhibit F, as to Parcels 1-4 of said Tract, restricting
occupancy in the Project to persons fifty-five (55) years of age
and older.
(c) The parties acknowledge that Owner cannot at.
this time predict when, or the rate at which phases of the
Property will be developed. Such decisions depend upon numerous
factors which are not within the control of Owner, such as market
orientation and demand, interest rates, absorption, completion
and other similar factors. Since the California Supreme Court
held in Pardee Construction Co. v. 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
Schedule.
11. Hold Harmless. Owner agrees to and shall hold
City, its officers, agents, employees and representatives
harmless from liability for damage or claims for damage for
personal injury including death and claims for property damage
R:~S\STAFFRF~LZ%5~BLD.DA 2/23/93 kJb ' 9'
which may arise from the direct or indirect operationsof the
Owner or those of his contractor, subcontractor, agent, employee
or other person acting on his behalf which relate to the Project.
Owner agrees to and shall indemnify, defend, and hold harmless
the City and its officers, agents, employees and representatives
from actions for damages caused or alleged to have been caused by
reason of Owner's activities in connection with the Project.
This hold harmless agreement applies to all damages and
claims for damages suffered or alleged to have been suffered by
reason of the operations referred to in this paragraph,
regardless of whether or not City prepared, supplied, or appr0ved
plans or specifications or both for the Project and regardless of
whether or not the insurance policies referred to herein are
applicable.
Owner further agrees to indemnify, hold harmless, pay
all costs and provide a defense for City in any action
challenging the validity of this Agreement or the Project.
12. LitiGation.
12.1 Third Party Litigation Concerning AGreement.
Owner shall defend, at its expense, including attorneys fees,
indemnify, and hold harmless City, its agents, officers and
employees from any claim, action, or proceeding against City, its
agents, officers, Or employees to attack, set aside, void, or
annul the approval of this Agreement or the approval of any
permit granted pursuant to this Agreement. City shall promptly
notify Owner. of any such claim, action, or proceeding, and City
shall cooperate in the defense. If City fails to promptly notify
Owner of any 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.
12.2 Environmental Assurances. Owner shall
indemnify and hold City, its officers, agents, and employees free
and harmless from any liability, based or asserted, upon any act
or omission of Owner, its officers, agents, employees,
subcontractors, predecessors-in~interest, successors, assigns and
independent contractors for any violation of any federal, state,
or local law, ordinance or regulation relating to industrial
hygiene, solid or hazardous waste or to environmental conditions
on, under or about the Property. Said violations shall include,
but not limited to, soil and groundwater conditions, and Owner
shall defend, at its expense, including attorneys fees, City, its
officers, agents and employees in any action based or asserted
upon any such alleged act or omission. City may, inits
discretion, participate in the defense of any such action.
13. Third Party Litigation Concerning the General
Plan. City is a newly incorporated city falling within the scope
of Government Code Sections 65360 and 65311 and thus not subject
to the requirement that a General Plan be adopted or that
development decisions be consistent therewith so long as the City
makes certain findings, which the City has made at Section J. of
this Agreement. Notwithstanding these findings City shall have
no liability in damages under this Agreement for any failure of
City to perform under this Agreement or the inability of Owner to
R:\S\STAFFRF~L~r~IBLD.DA 2123193 Idb - 10 -
develop the Property as contemplatedby the Development Plan of
this Agreement as the result of a judicial determination that on
the Effective Date, or at any time thereafter, the findings made
under Section 65360 and 65361 or the future General Plan, are
invalidated or inadequate or not in compliance with law.
14. Public Benefits. Public Improvements and
Facilities.
14.1 Intent. The parties acknowledge and agree
that development of the Property will result in substantial
public needs which will not be fully met by development of the
Project and further acknowledge and agree that this Agreement
confers substantial private benefits on the Owner which should be
balanced by comensurate public benefits. Accordingly, the
parties intend to provide consideration to the public to balance
the private benefits conferred on the Owner by providing more
fully for the satisfaction of the public needs resulting from the
Project.
14.2 Impact Fees.
(a) The developer{s) of the Property shall pay a
capital or impact fee for road improvements and public facilities
the City may adopt for development ("Public Facilities Fee"), in
the amount ineffect at the time of payment of the fee. (The
term "developer(s) of the Property or Project" as used in this
Section shall mean the person(s) who seeks a building permit to
construct structures on the Property. These individuals shall
hereinafter be referred to as the "Developer".) If an interim or
final public facility mitigation fee or benefit district has not
been finally established by the date on which Developer requests
its building permits for the Project or any phase thereof, the
Developer shall execute an Agreement for Payment of a Public
Facility Fee, in substantially the form of Exhibit D.
(b) Owner shall pay all other impact fees
provided for under the Land Use Regulations, including, but not
limited to the Residential Impact Fee (pursuant to Riverside
County Ordinance No. 659} and Flood Control, Fire, Library,
Traffic Mitigation and K-Rat Fees.
14.3 Fee Credits and Schedule. In exchange for'
the dedication of land, the construction of improvements and the
payment of fees, Owner shall be entitled to Fee Credits set forth
in Exhibit E.
14.4 Waiver. By execution of this Agreement,
Owner waives any right to object to the imposition of the
provisions of Section 15 of this Agreement, the adoption of any
interim or final Public Facility Fee, or the process, levy, or
collection of any interim or final Public Facility Fee for this
Project; provided that Owner is.not waiving its right to protest
the reasonableness of any interim or final Public Facility Fee',
and the amount thereof.
15. Reservations of Authority.
15.1 Limitations. Reservations, and Exceptions.
Notwithstanding any other provision of this Agreement, the
following Subsequent Land Use RegUlations shall apply to the
development of the Property, including, but not limited to:
R:%S\STA~r~IBLD.DA 2/23193 klb - 11 -
(a) Processing fees and charges imposed by
City to cover the estimated actual costs to City of
processing applications for Development Approvals or for
monitoring compliance with any Development Approvals granted
or issued.
(b) Procedural regulations relating to
hearing bodies, petitions, applications, notices, findings,
records, hearings, reports, recommendation, appeals, and any
other matter of procedure.
(c) Regulations governing construction
standards and specifications including, without limitation,
the City's Building Code, Plumbing Code, Mechanical Code,
Electrical Code, Grading Code and Fire Code.
(d) Subsequent Land Use Regulations which
are not in conflict with the Project.
15.2 Subsequent Development Approvals. This
Agreement shall not prevent City, in acting on Subsequent
Development Approvals from applying Subsequent Land Use
Regulations, even if they conflict with the Existing Land Use
Regulations, Existing Development Approvals or the Development
Plan. Further, this Agreement shall not prevent City from denying
or conditionally approving any Subsequent Development Approval on
the basis of the Existing or Subsequent Land Use Regulations.
15.3 Modification or Suspension by State or
Federal Law. In the event that State or Federal laws or
regulations enacted after the Effective Date Of this Agreement
prevent or preclude compliance with one or more of the provisions
of this Agreement, such provisions of this Agreement shall be
modified or suspended as may be necessary to comply with such
State or Federal laws or regulations, provided, however, that
this Agreement shall remain in full force and effect to the
extent it is not inconsistent with such laws or regulations and
to the extent such laws or regulations do not render such
remaining provisions impractical to enforce.
15.4 Recrulation 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 ~he
development of the Property separately from or jointly with City
and this Agreement does not limit the authority of such other
public agencies.
15.5 Vestinq Tentative Maps. If any tentative or
final subdivision map, or tentative or final parcel map,
heretofore or hereafter approved in connection with development
of the Property, is a vesting map under the Subdivision Map Act
(Government Code Section 66410, e~ 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 rights, obligations, and
protections afforded the Owner and City respectively, under the
laws and ordinances applicable to vesting maps shall supersede
the provisions of this Agreement. Except as set forth
i~ediately above, development of the Property shall occur only
as provided in this Agreement, and the provisions in this
R:XS~STAFFRFTU/NF~,LD.DA 2/23/93 ~b = 12 -
Agreement shall be controlling over any conflicting provision of
law or ordinance concerning vesting maps.
16. Devebpment of the Property.
16.1 Pro~ect. The Property shall be developed
with the following uses, and only the following uses:
(a) Senior Citizen Housing Development on
Parcel 2 of Parcel Map 27314, up to 20 dwelling units per
net acre with a target density of 10 dwelling units per
acre;
(b) Nine (9) hole private golf course for
the sole use of private residents on Parcel 2 of ParcelMap
27314;
(c) Senior's Co~t~ft~nity Center with a minimum
of 3,500 square feet on Parcel 1 of the Parcel Map 27314;
(d) Congregate Care Facility on Parcel 3 of
Parcel Map 27314; and
(e) Skilled Nursing and Personal Care
Facilities on Parcel 4 of Parcel Map 27314.
No change, modification, revision or alteration of
these uses or of the Project may be made without the prior
amendment of this Agreement.
16.2 Riqh~s to Develop. The permitted uses of the
Property, the density and intensity of use, the maximum height
and size of proposed buildings, and provisions for reservation
and dedication of land for public purposes shall be those set
forth in Section 16.1 and the Development Plan. The Project
shall remain subject to all Subsequent Development Approvals
required to complete the Project as contemplated by the
Development Plan.
16.3 Changes and Amendments. Notwithstanding
Section 16.1, the parties acknowledge that refinement and further
development of the Project will require Subsequent Development
Approvals and may demonstrate that changes are appropriate and
mutually desirable in the Project. In the event the Owner finds
that a change in the Project is necessary or appropriate, the
Owner shall apply for a Subsequent Development Approval to
effectuate such change and City shall process and act on such
application in accordance with the Subsequent Land Use
Regulations. If approved, any such change in the Project shall
be incorporated herein as an addendum to this Agreement and may
be further changed from time to time as provided in this Section.
Unless otherwise required by law, as determined in City's
reasonable discretion, a change to the Project shall be deemed
"minor" and not require an amendment to this A~reement provided
such change does not:
(a) Alter the permitted uses of the Proj. ect
as a whole; or,
(b) Increase the density or intensity of use
of the Project as a whole; or,
(c) Increase the maximum height and size of
permitted buildings; or,
(d) Delete a requirement for the reservation
or dedication of land for public purposes within the Project
as a whole; or,
(e) Constitute a project requiring a
Subsequent or Supplemental Environmental Impact Report
pursuant to Section 21166 of the Public Resources COde.
17. Periodic Review of Compliance with 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 date
this Agreement is executed. The Owner or successorshall
reimburse City for the actual and necessary costs of this review.
(b) During each periodic review. by City, the
Owner is required to-demonstrate good faith compliance with the
terms of the Agreement. The Owner agrees to furnish such
evidence of good faith compliance as City in the exercise of its
discretion may require.
18. Amendment or Cancellation of Agreement. This
Agreement may be amended or canceled in whole or in part only by
mutual consent of the parties andin the manner provided for in
Goverrunent Code Sections 65868, 65867.and 65867.5. If the
Amendment is requested by the Own'er or 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 necessary costs of reviewing and processing
said Amendment.
19. Breach of Agreement.
(a) The City reserves the right to terminate this
Agreement in the event of a material breach of any of its
material terms or any material term of any applicable federal,
state or local statute or regulation, which breach is not cured
following written notice and a reasonable opportunity to cure.
In finding such a breach:
(i) City does not waive any claim of defect
in performance by Owner implied if on periodic review the City
does not propose to modify or terminate the Agreement.
(ii) Non-performance shall not be excused
because of a failure of a third person; and
(iii) Non-performance shall be excused only
when it is prevented or delayed by acts of God or an emergency
declared by the Governor.
(b) The notice to cure period shall be thirty
(30) days (except in cases of emergency where a shorter time may
be prescribed consistent with the nature of the emergency).
Where thirty (30) days is insufficient time for the Owner to cure
the notified breach, Owner shall be deemed in compliance with the
provisions if, within that thirty-day time period Owner begins
good faith efforts to cure such breach and shall present a
specific and reasonable timetable to the City for the cure of the
notified breach. If the breach is not cured within such time
period or within such additional time period specified in such
notice, the Planning Director shall cause to be noticed a public
hearing before the City Council.
(c) The Council shall hold a public hearing, upon
ten (10) days written notice duly given to Owner and published
notice provided to the public. Owner may appear at the public
hearing before the Council and present information, orally or in
R:\S\STAFFRPT~LINFIBLD.DA 2/23/93 klb - 14 -
documented form, that it deems relevant and appropriate to the
Council's deliberations. Based on the evidence presented at the
public hearing, the Council shall determine by resolution whether
the Agreement should be terminated. Nothing herein is intended
to limit Council's right to make other determinations which are
reasonably related to the Agreement.
(d) The City Council shall cause Owner to receive
written notice Of any action taken following the public hearing.
(e) Within not less than thirty (30} days of
receiving notice Of the City Council's action, Owner shall be
entitled to initiate an action in state court to seek judicial
review pursuant to California Code of Civil Procedure Section
1094.5. In the event Owner initiates such a review, the
Council's determination shall be stayed pending a final order of
the court.
(f) Upon a finding of material breach of this
Agreement, and the failure of Owner to successfully challenge the
same in a court of law, City may not only terminate this
Agreement, but also shall amend the land use designation of the
Property to Institutional or Low-Medium Density Residential, and
amend the zoning to Single Family Residential (R-l}; Owner
further agrees to such amendments.
(g) All other remedies at law or in equity which
are not otherwise provided for in the Agreement or in City's
regulations governing development agreements are available to the
parties to pursue in the event there is a breach.
20. DamaGes Upon Termination. It is acknowledged by
the parties that City would not have entered into this Agreement
if it were to be liable in damages under or with respect to this
Agreement or the application thereof.
In general, each of the parties hereto may pursue
any remedy at law or equity available for the breach of any
provision of this Agreement, except that City, and its officers,
employees and agents, shall not be liable in damages to Owner or
to any assignee, transferee of Owner, or any other person, and
Owner covenants not to sue for or claim any damages for breach of
that Agreement by City.
21. Attorneys' Fees and Costs. Illegal action by
either party is brought because of breach of this Agreement or to
enforce a provision of this Agreement, the prevailing party is
entitled to reasonable attorneys fees and court costs.
22. Notices. All notices required or provided for
under this Agreement shall be in writing and delivered in person
or sent by certified mail, postage prepaid. Notice required to
be given to City shall be addressed as follows:
TO City:
City Clerk
City of Temecula
43172 Business Park Drive
Temecula, CA 92390
R:\S\STAFFRY~L~F~,LD.DA 2/23/~3 klb -15-
Notices required to be given to Owner shall be addressed as
follows:
To Owner:
A party may Change the address by giving notice in writing tO'the
other party and thereafter notices shall be addressed and
transmitted to the new address.
23. Rules of Construction and Miscellaneous Terms.
(a) The singular includes the plural; the
masculine gender includes the feminine; "shall" is mandatory,
"may" is permissive.
(b) If a part of this Agreement is held to be
invalid, the remainder of the Agreement is not affected.
(c) If there is more than one signer of this
Agreement their obligations are joint and several.
(d) The time limits set forth in this Agreement
may be extended by mutual written consent of the parties in
accordance with the procedures for adoption of the Agreement.
(e) This Agreement is made and entered into for
the sole protection and benefit of the parties and their
successors and assigns. No other person, including but not
limited to third party beneficiaries, shall have any right of
action based upon any provision of this Agreement.
(f) This Agreement may be executed by the parties
in counterparts, each of which so fully executed counterpart
shall be deemed an original irrespective of the date of
execution.
24. Counterparts. This Agreement may be executed in
any number of counterparts, each of which shall be deemed an
original, but all of which when taken together shall constitute
one and the same instrument.
IN WITNESS WHEREOF this Agreement has been executed by
the parties on the day and year first above written.
"C I TY"
Attest:
By:'
MAYOR
City Clerk
R:~S~STAFFRFI~L~qI~ELD.DA 2F23/93 Idb - 16 -
Approved as to form:
City Attorney
"OWNER"
By:
Name:
Title:
By:
Name:
Title:
Notary
[ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC.
EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE
OFFICERS.]
R:%S\STAFFP, PT~LINFIED.DA 2/23/93 kab - 17-
EXHIBIT ~A"
DESCRIPTION OF TH] PROPERTY
BEING A PORTION OF THE RANCHO TEMECULA, AS GRANTED BY U.S. GOV'T
TO LUIS VIGNES BY PATENT DATED 1-18-1860, AS SHOWN BY LIBER 1
PAGE 37, REC'S OF SAN DIEGO CO., AN PARCELS 1,2,3 OF P.M. 83/97-
100 REC'S RIVERSIDE CO.. LOCATED IN THE CITY OF TEMECULA,
CALIFORNIA.
R:\S~STAFIqtPT~LINFIBLD.DA 2/23/93 kl~ - 18 -
EXHIBIT
EXISTING DEVELOPMENT APPROVALS
Tentative Parcel Map No. 27314
Change of Zone No. 21
R:~S\STAFFRPT~LINFIBLD.DA 2/23/93 klb - 19 -
EXHIBIT
DEVELOPMENT SCHEDULE
m
Within five (5) years of the effective date of this
Development Agreement, Owner shall have substantially
begun construction of each of the following uses:
Twenty (20) dwelling units of the Senior Citizen
Housing Development, and
The Congregate Care Facility, Skilled Nursing
Facility, or Personal Care Facility
"Substantially begun construction" shall mean obtaining
a building permit and having an approved and inspected
foundation.
Prior to the issuance of the certificate of occupancy
for the first unit of the multi-family senior housing
complex, Owner shall have constructed and obtained a
certificate of occupancy for the Senior Citizen Center,
and shall have completed the Golf Course.
"Completed the Golf Course" shall mean construction and
completion of all structures, six months growth of the
grass and certification of the course by a Licensed
LandScape Architect.
Within five (5) years of the effective date of this
Development Agreement, Owner shall have recorded Parcel
Map 27314 and have obtained all Subsequent Development
Approvals for the Senior Citizen Housing Development,
the Congregate Care Facility, the Skilled Nursing
Facility, the Personal Care Facility, and the Golf
Course.
Within the term of this Development Agreement, Owner
shall have obtained certificates of occupancy for all
buildings identified in the Subsequent Development
Approvals.
R:XS~STAFFRFT~L~q~IBLD.DA 2/23/~3 klb - 2 0 -
EXI~IBIT 'D~
PUBLIC FACILITY FEE AGI~EEMENT
R;\S~,STAFF~D.DA 2/23/93 kas - 2 1 -
Recording requested by, and
When recorded mail to:
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
Attn: City Clerk
AGREEMENT FOR PAYMENT OF PUBLIC FACILITY FEE
This Agreement is made this day of
by and between the City of Temecula ("City") and
( "Developer" ) .
"Property" )
RECITALS
Developer is the owner of real property (the
in the City of Temecula described as follows:
Exhibit A, attached hereto and incorporated herein by
reference
B.
pursuant to
Developer proposes todevelop the Property
(the "Project").
Recording of this Agreement is fee exempt pursuant to Government
Code Section 6103 as it is recorded for the benefit of the City of
Temecula, a public agency.
-1-
C. City has determined that the Project will impact
traffic and the demand for other public facilities within the
City as identified in the |~,~v:~j for
the Project. These i~pacts must be mitigated by payment of a fee
for additional road and public facility'cons~rmction, which fee
shall be identified as set forth hereinafter.
D. The City proposes to impose a public facility fee
upon new developments within the City in order to construct
additional public facility improvements to serve and benefit new
developments, including the Project. These fees shall be. known
as the "Temecula City-wide Public Facility Fee Program" or
"Public Facility Fee."
E. Condition No. of the Project requires that
Developer execute this Agreement prior to issuance of a building
permit or conditional use permit, or recordation of the final
map, as provided specifically in the conditions of approval.
F. In order for Developer to proceed without full
payment of the Public Facility Fee in a timely manner, City and
Developer have determined to enter into this Agreement.
G. The term "public facility" shall refer to public
and municipal infrastructure, such as roads, highways, flood
control facilities, city hall, police stations, community.
centers, theaters, parks and similar public infrastructure.
NOW, THEREFORE, the parties hereto agree as follows:
1. Public Facility Fee:
(a) The City Council will establish the amount of
the Public Facility Fee at some time in the future. The Fee will
be based upon the square footage ~f each development, the vehicle
trips generated by each development, or similar measure(s). The
Public Facility Fee also shall establish the specific improve-
ments to be constructed and their cost, the benefit assessment
area and the method by which the fair share, pro-rata obligations
of each property are to be established based on impact on traffic
and demand for public facilities.
(b) Developer shall pay the Public Facility Fee
on each building at such time it receives its certificate of
occupancy or final inspection, which ever occurs first.
(c) The Council also may establish an interim
Public Facility Fee to be followed by a Final Public Facility
Fee. If only the Interim Public Facility Fee has been
established at the time the Developer seeks issuance of its
certificate of occupancy or final inspection, whichever occurs
first, then Developer shall pay the Interim Fee prior to issuance
of the certificate of occupancy or final inspection, whichever
occurs first. Later, when the Final Public Facility Fee is
established, the Developer will be reimbursed for any difference
between the Interim and Final Fee if the Interim Fee exceeds the
Final Fee, and shall pay the shortfall if the Final Fee exceeds
the Interim Fee.
(d) If the certificate of occupancy Or final
inspection occurs prior to the establishment of the Interim or
Final Public Facility Fee, then the Developer shall pay a deposit
of Two Dollars ($2.00) per square foot, not to exceed Ten
Thousand Dollars '($10,000) priorto the 'issuance of the
certificate of occupancy or final inspection. The deposit shall
be a credit against the Interim or Final Public Facility Fee. A
letter of credit or certificate of deposit may be provided in
lieu of the deposit.
(e) If either the Final or Interim Public
Facility Fee is established after the issuance of the certificate
of occupancy or final inspection, the Developer shall pay the
Interim or Final Public Facility Fee ten (10) days after
receiving notice from the City that it has been established.
(f) Notwithstanding the above, Developer shall
provide City with wTitten notification of the opening of any
escrow for the sale of the Project and shall provide in the
escrow instructions that if the Interim or Final Public Facility
Fee has been established, the Fee shall be paid to the City from
the sale proceeds in escrow prior to distributing the proceeds to
Developer/seller.
(g) City shall record a release of this Agreement
upon payment of all Public Facility Fees owing and shall provide
Developer with a copy of such release.
2. Use of Public Facility Fee:
The Public Facility Fee collected pursuant to this
Agreement shall be used only to construct City-wide traffic and
public facility improvements, which improvements are deemed to be
of benefit to Project; and for expenses incidental thereto.
There is a reasonable relationship between the Project and the
Public Facility Fee in that the Project will impact traffic and
existing public facilities, and 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 a~ount Of the Public Facility Fee to be collected
from Project represents the cost of facilities necessary to meet
the incremental increase in traffic and demand for public
facilities resulting from the Project.
3. Information Provided:
Developer shall provide to City, upon City's request
therefor, any and all information regarding access to the
Project,.eraffic flow, trip generation factors and such other
information as is reasonably necessary to establish the Public
Facility Fee.
4. Security for Public Facility Fee:
(a) If the Interim or Final Public' Facility Fee
has been established prior to issuance of a building permit or
other entitlement described in Recital E, then, concurrent with
sff/117333.AGR (10.r30/91)
the execution of this Agreement, Developer shall provide an
irrevocable letter of credit or other form of security approved
by City, in a form approved by the City Attorney, in an amount
equal to the total Public Facility Fee for the Project. The
amount of security may be increased upon City's request should
there be an increase in the amount of the Public Facility Fee.
The amount of security also may be reduced upon Developer's
payment of Public Facility Fees outstanding. However, except for
the deposit provided for in Section 1, no letter of credit is
required if neither the Interim or Final Public Facility Fee has
not been established as of the date of execution of this
Agreement.
(b) As an alternative to collecting the fee from
the letter of credit, if the D~veloper fails to pay the 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
Public Facility Fee due. The Developer agrees that if legal
action by the City is necessary to collect the Fee the Developer
agrees to pay the City a reasonable sum as attorney's fees and
court costs, together with penalty and interest determined
according to Paragraph 4(b) of this Agreement.
5. A~reement Runs With Land:
This Agreement pertains to and runs with the
Property. This Agreement binds the successors in interest of
each of the parties.
6. Waiver:
By execution of this Agreement, Developer waives
any right to.protest the provisions of Condition No. of
the Project, this Agreement, the formation of any Public Facility
fee district, but not the nexus between any Public Facility fee
and the Project.
7. Binding AGreement:
This Agreement shall be binding upon Developer,
Developer's successors and assigns.
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
-7-
and all prior oral or ~ritten agreements or representations. A
waiver of any term or condition of this Agreement by either par~y
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. Notice:
Notice shall be deemed given under this Agreement
when in writing and deposited in the United States mail, first-
class, postage prepaid, addressed as follows:
CITY: DEVELOPER:
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
Attn: City Clerk
11.. Miscellaneous Provisions
(a) If any provision of this Agreement is adjudged
invalid, the remaining provisions shall not be affected.
(b) If there is more than one (1) signer of this
Agreement as Developer, their obligations are joint and several.
IN WITNESS WHEREOF, the parties or their duly authorized
representatives have executed this Agreement as of the date set
out above.
CITY'OF TEMECULA DEVELOPER
By: By:
David S. Dixon
City Manager
By:
APPROVED AS TO FORM:
By:
scott F. Field
City Attorney
EXHIBIT new
FEE CREDITS
Upon obtaining a certificate of occupancy Owner shall
dedicate to the City the Senior Citizen Center
described in Exhibit C. In exchange for dedication of
the Senior Citizen Center and completion of the. Golf
Course, Owner shall receive a full credit against its
Quimby Fees required pursuant to Riverside County
Ordinance No. 460.
R:~S\STAFFRPT~LIN~IBLD.DA 2/23/93 klb
EXHIBIT "F"
DEED RESTRICTION
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF TEMECULA
43174 BUSINESS PARK DRIVE
TEMECULA, CALIFORNIA 92590
DECLARATION OF RESTRICTIONS
ThiS DECLARATION OF RESTRICTIONS made this
, 1992, by (.
hereinafter referred tO as "Declarant."
w )
day of
WHEREAS, Declarant is the owner of Parcels 1-4 of Parcel Map
No. 27314 (the "Property"); and
WHEREAS, Declarant intends to sell the above described
property, restricting it in accordance with a common plan
designed to preserve the value and residential qualities of said
land, for the benefit of its future owners.
NOW, THEREFORE, Declarant declares that said real property
shall be held, transferred, encumbered, used, sold, conveyed,
leased, and occupied, Subject to the covenants and restrictions
hereinafter set forth expressly and exclusively for the use and
benefit of said property and of each and every person or entity
who now or in the future owns any portion or portions of said
real property.
1. Land Use and Building TyPe. No person may occupy
any dwelling unit located on the Property unless he or she is at
least fifty-five (55) years of age, or otherwise qualifies for
residency pursuant to California Civil Code Section 51.3.
2. Term. These covenants are to run with the land
and shall be binding on all parties and all persons claiming
under them for a period of thirty (30) years from the date these
covenants are recorded, after which time said covenants shall be
automatically extended 'for successive periods of ten (10) years
unless an instrument signed by a majority of the then owners of
the lots, and the City of Temecula, has been recorded, agreeing
to change said covenants in whole or in part.
3. Enforcement. Enforcement shall be by proceedings
at law or in equity against any person or persons violating or
attempting to violate any covenant either to restrain violation
R:~S\STAFFP, PT~LRD.DA 2/23/93 klb = 2 3 -
or to recover damages. The City of Temecula may enforce any
covenant of this Declaration.
4. AttOrneyS Fees. Should any party bring an action
against the other for the purpose of enforcing the terms of this
Stipulation, or for damages arising from its breach, then in such
event, the prevailing party shall b6 entitled to its reasonable
attorneys fees and costs in addition to any other award entered
by the Court.
5. Severability. Invalidation of any one ofthese
covenants by judgment or court order shall in no wise affect any
of the other provisions which shall remain in full force and
effect.
IN WITNESS WHEREOF, Declarant has executed this Declaration
of restrictions the day and year first above written.
DECLARANT:
Signature
Name:
Address:
R:\S\STAFFRPI~L~F~_LD.DA 2123193 kjb - 24 -
EXHIBIT "G"
pEV~LOpME~_____P_LakN
-25-
ATTACHMENT NO. 6
PLANNING COMMISSION MINUTES
AUGUST 17, 1992
R:\S\STAFFRPT~27314.PC 2/24/9~ Itib 35
PLANNING COMMISSION MINUTES
ABSTAIN: 2 COMMISSIONERS:
PUBLIC HEARING
Chiniaeff, Ford
AUGUST 17. 1992
3. Variance No. 12
Proposal to erect two freestanding signs-one six foot high sign adjacent to Jefferson
Avenue and one twenty-fiye foot high sign adjacent to Interstate 15 with copy for the
Hungry Hunter and Jan Wellerr R.V. on each sign.
Matthew Fagan presented the staff report.
Chairman Fahey opened the public hearing at 6:10 P.M.
Larry Bradley, Sign Tech Electrical Advertising, representing the applicant, concurred
with the staff report.
It was moved by Commissioner Chiniaeff, seconded by Commissioner Blair to close the
public hearing at 6:10 P.M. and adopt Resolution No. 92-(next) approving Variance No.
12 based on the analysis and findings contained in the staff report and subject to the
Conditions of Approval.
The motion was unanimously approved as follows:
AYES:
5 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey
NOES: 0 COMMISSIONERS: None
Tentative Tract Map No. 25277 and Chanqe of Zone No. 5724
Proposal is a request to subdivide a 47.7 acre parcel into 96 single family lots and 5
open space lots and a zone change from R-R to R-1.
Saied Naaseh advised that the item has been rescheduled to the meeting of September
21, 1992.
It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to
continue Tentative Tract Map No. 25277 and Change of Zone No. 5724 to the
meeting of September 21, 1992.
The motion was unanimously approved.
5. Development Aqreement No. 92-1 (DA 92-1 ), ChanQe of Zone No. 21 and Tentative
PCMINB/17/92 -3- 9/9192
~/PLANNING COMMISSION MINUTES
Parcel Mao No. 27314, Amendment No. 2
AUGUST 17,1992
Proposal is a request to subdivide a 96.9 acre parcel into 4 parcels and a 48.4 acre
remainder parcel, A Development Agreement to ensure the development of the project
as senior housing, congregate care facility;skilled nursing, personal care, a nine hole
private golf course and dedication of a 2.3 net acre parcel to the City of Temecula, and
a Zone Change from R-R (Rural Residential) to R-3 (General Residential).
Commissioner Blair stepped down due to a conflict of interest.
Saied Naaseh presented the staff report.
Roger D. Prend of Albert A. Webb Associates, 3788 McCray Street, Riverside,
architect representing the applicant, stated that they are in concurrence with the staff
report, however, commented on the severity of the five (5) year time limit and
suggested some additional language allowing the Planning Commission or the City
Council to use their judgement based: on the amount of financial contribution or
improvement to the property instead of a five year limit, in the event of financial
difficulties. Mr. Prend added that the idea~behind the development is to have a zone
change and a conceptual site plan/parcel map to allow a developer to come in and
finance a project and the development agreement is the guarantee for the right to do
the development as it is being proposed.
Commissioner Ford questioned whether the golf course is proposed to be public or
private.
Roger D. Prend stated that although it is proposed as private, the applicant would like
not to restrict it at this time and give the developer that option.
Chairman Fahey opened the public hearing at 6:30 P.M.
John Telesio, 31760 Via Telesio, Temecula, stated that he is in support of the project,
however requested .clarification of the following: what is the meaning of senior
housing, and that the school portion will remain zoned R-R, Mr. Telesio also expressed
concern that the senior housing portion of this development is proposed adjacent to
the high school which might present a problem due to noise and lighting from football
and other school oriented events.
Bob Pipher, 41825 Green Tree Road, Temecula, expressed his concern that the area
remain zoned R-R.
Bob Kosslyn, representing Temecula Valley Unified School District, also expressed a
reservation with the proposed senior project adjacent to the high school which may
generate noise and light pollution during school events. Mr. Kosslyn requested that a
disclaimer be presented in any purchase or rental agreement,
PCMIN8117192 -4- '. 919192
ING COMMISSION MINUTES
Commissioner Ford expressed the following concerns:
AUGUST 17, 1992
Is there adequate parking for a public golf course?
A reciprocal access agreement is in place until the future plans for the school
are completed.
* What is the definition of a completed golf course as referenced in the
development agreement?
Commissioner Ford expressed these concerns regarding the development agreement:
Page 18, 16,1 The number of units proposed in the development agreement
is not concurrent with that stated in the market report, clarify the request.
* Page 22, 18(E) Correct to read Pauba and Rancho Vista Road.
Page 23, 19(C) States that the grading must all be at one time and asked if the
developer been conditioned for immediate adherence to an erosion control
condition.
Page 24, 21 (A) Suggest that instead of "developer" should read "owner" or
"successor".
* Page 26, (31) Request staff to clarify the reference to specimen trees.
Page 26, (36) should read "entrance gates".
Page 26, (42) should include a requirement for clearances from the Army Corp
of Engineers, Fish and Game, and Fish and Wildlife.
* Page 29, review and clarification of access points.
Commissioner Chiniaeff stated that conceptually the project appears to be good for the
community, however, he felt that the Commission was being asked to make
environmental findings that the Commission is not able to make regarding the following
matters:
grading impacts and erosion control
number of units planned
public vs. private golf course traffic impacts
impacts of dividing parcel 2 whose property line is on the lake
traffic impacts
impact of the stadium adjacent to the project and the proposed mitigation
a general plan presumption that this area will be zoned high density
Commissioner Chiniaeff also expressed these concerns regarding the development
agreement:
PCMIN8/17/92 -5- 9/9/92
~MMISSION MINUTES
AUGUST 17, 1992
requested clarification of Page 3, M-2 and M-3.
reference to the potential for amendment and interpretations; suggest outlining
what cannot be amended.
makes reference to maximum building heights and sizes of proposed buildings,
however, the Commission has not been provided that information.
Commissioner Chiniaeff concluded that he feels that the request was premature based
on the information provided to the Commission to make a recommendation.
Commissioner Hoagland stated that he concurred that the project appeared good
conceptually, however, this is a major development and requires a major development
review. Commissioner Hoagland expressed concern regarding the following:
what the impacts to the project and the surrounding residents would be if the
school relocates the gym and other facilities as stated.
* buffering of the school and the project with respect to noise, lighting, etc.
It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to
continue off-calendar, Development Agreement No. 92-1 (DA 92-1 ), Change of Zone
No. 21 and Tentative Parcel Map No. 27314, Amendment No. 2 to allow the developer
to work with staff on some of the specific items discussed.
Commissioner Ford added that the specifications of the senior center should be
included in the development agreement,
The motion was unanimously approved as follows:
AYES: 5 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey
NOES: 0 COMMISSIONERS: None
PLANNING DIRECTOR REPORT
Gary Thornhill reported the following:
* Final technical sub-committee meeting scheduled for Tuesday, August 18th, on
Growth Management. Also planning a Town Hall meeting for August 27th and
a joint City Council/Planning Commission meeting for September 3rd.
Anticipate going to public hearing with the General Plan the third week of
October.
* Temporary Sign Ordinance' will come back to the Commission in three weeks.
Staff has been authorized to enforce removal of signs in pub'lic right-of-way and
PCMINB/17/92 -6- 919192
ATTACHMENT NO. 7
PLANNING COMMISSION STAFF REPORT
AUGUST 17, 1992
R:\S\STAFFRrr~7314.t~C 2/24/~3 klb 36
Case No.:
RECOMMENDATION:
STAFF P, EI~RT - PLANNING
CITY OF i'~IECULA
PLANNING COMMISSION
August 17., 1992
Development Agreement No. 92-1, Change of
Zone No. 21, Tentative Parcel Map No. 27314,
Amendment No. 2
Prepared By: Saied Naaseh
R!~COMME,~ Adoption of Negative Declaration for
Development ~ent No. 92-1, Change of Zone No. 21 and
Tentative Parcel Map No. 27314, Amendment No. 2; and
ADOPT Resolution No. 92- recommending Approval for
Development Ag~,mcnt No. 92-1, Change of Zone No. 21 and
Tentative Parcel Map No. 27314, Amendment No. 2 based on the
Analysis and Findings contained in the Staff R6port and subject to
th~ attached Conditions of Approval.
APPLICATION INFORMATION
APPLICANT:
Linfield Christian School
Albert A. Webb Associates
PROPOSAL:
A request for approval of Development Agreement No. 92-1 (refer to Attachment No~ 6) to
ensure the development of the site as a multi-family senior complex, congregate care, personal
care and skilled nursing fac'ffities, a nine-hole goff course and the dedication of a senior center
to the City of Temecula (refer to Exhibit "D") ; a request for approval of Change of Zone No.
21 to change the zoning from Rural Residential (R-R) to General Residential (R-3) for parcels
1 through 4 of the Parcel Map (refer to Exhibit "F") and a request for approval of Tentative
Parcel Map No. 27314, Amendment No. 2 to create four (4) paxeels and a Remainder Parcel
(refer to Exhibit "E").
LOCATION:
East of Temecula Valley High School, south of Rancho Vista Road
and north of Pauba Road
$~$TA~I47TM.PC v$~/ ]
BXISTING ZONING: R-R (Rural Residential)
SURROUNDING
ZONING:
North:
South:
Bast:
West:
Specffic Plan (SP 199, Margarita Vilhge)
Specific Plan (SP 219, Paloma Dol Sol)
Rural Residential (R-R)
Rural Residential (R-R)
PROPOSBD ZONING: R-3 (General Residential)
EXISTING LAND USE: Linfield School Site
SURROUNDING
LAND USES:
North:
South:
West:
Single Family Dwellings
Vacant (Paloma del SoD
Single Family Dwellings
Temecuh Valley High School
PROJECT STATISTICS
Life of the Development Agreement
Number of Parcels
Total acres
Parcel 1/Senior Center Site
Parcel 2/Multi-family Complex
Parcel 3/Congregate Facility
Parcel 4/Sldlled Nursing, Personal Care
Remainder Parcel/Lin~eld School
15 years
4 plus a Remainder Parcel
96.9 acres
2.3 acres
38.0 acres
6.2 acres
2.0 acres
48.4 acres
BACKGROUND
This project was submitted to the City of Temecula on December 17, 1991. Three (3)
Development Review Committee meetings were scheduled on January 16, 1992, February 27,
1992 and May 7, 1992. On June 15, 1992 the application was deemed complete and was
scheduled for a planning Commission Hearing.
PROJECT DESCIIFrlON
This project consists of a Development Agreement, a Zone Change and a Parcel Map. The
following represents a summary of the individual applications:
Development A~reement 92-1
The purpose of this Development Agreement (D.A.) is to ensure the flitore development of
parcels 1 through 4 of Parcel Map No. 27314, Amendment No. 2 as a multi-family senior
complex, congregate care, personal care and skilled nursing facilities, a nine (9) hole private
goff course and the construction and dedication of a senior center on Parcel 1. A deed
SXSTA~I4TD&I~ vlw 2
restriction will limit the age of all residents within this project to 55 or older. This D.A. is tied
to the Change of Zone application to ensure the development of the above mentioned uses.
Specific language in the D.A. reverts back the Zoning and the General Plan Land Use
designations from R-3 and High Density to R-1 and Low Medium Density or Public Institutional
if the developer does not bogin substantial construction of the multi-family senior complex and
the congregate care, personal-.cate, or the .~irilled nursing facilities within five years. The total
life of the D.A. is for fi_ea~ (15~}.ears to allow the build out of the project. '
The development of the site wffi comply with all the requirements of Ordinance No. 348,
however, ff new standards are adopts! by the City by the time the applicant applies for further
entitlemerits, new standards wffi apply to the project.
Change of Zone No. 21
The current zoning on the property is Rural Residential (refer to Attachment No. 7) and the
applicant is requesting a change of zone to General Residential (refer to Attachment No. 8) for
parcels 1 through 4 of the Parcel Map. The remainder parcel retains the R-R zoning
· designation.
Tentative Parcel Map No. 27314. Amendment No. 2
This parcel map will allow the pareelization of a 97.9 acre parcel which includes the Lin~eld
School site which will be designated as a Remainder Parcel. Parcel No. 1 will be constructed
as a senior center and will be dedicated to the City for operation and maintenance. Parcel No.
2 wffi be developed as a multi-family senior complex with an integrated nine (9) hole golf
course. Parcel No. 3 will be set aside for the Congregate Care facility and Parcel No. 4 will
be developed as Personal Care and Skilled Nursing facilities. Access to Parcel 1 is pwvided by
two 30 foot wide driveways, access to Parcel 2 is provided by two 30 font wide driveways, one
on Pauba Road and one on Rancho Vista Road, Parcel 3 will have one exclusive 30 foot access
drive aisle and a shared drive aisle with Parcel 4 with the same width. The Remainder Parcel
wLLI be served by the existing driveway. Several structures including the school's gymnasium,
three storage structures and a residence and a baseball field exist on the site and will be removed'
to allow the construction of the pwject. These facilities have been incorporated inW the
proposed master plan for the Linfield School.
Two narrow, 20 foot wide drainage ditches enter the northwestern comer of the site, converge,
and then terminate in the unvegetated alluvial wash which is identified as a Blue Line Stream
on the USGS maps. The drainage ditches contain a low quality Southern Willow Scrub which
qvalifies as wetland habitat as identified in the Biological Report.
ANALYSIS
Development Agreement 92-1
Since the development of this project as a senior housing complex required a zone change from
R-R to R-3, Staff was concerned about the potential development of the site as a high density
apartment complex permitted under the R-3 zone. One way to insure the development of the
site as a senior housing complex as opposed m high density apamnents was to record an D.A.
As a result, the zone change is tied to the developer's pe~ormance on the contaction of the
project as specified in the Development Agreement.
The D.A. requires the developer W comply with a Development Schedule, (refer w Exhibit "C"
of Attachment No. 6). The following represents the developer's responsibilities under this
agreement.
Within five (5) years of the effective date of this Development Agreement, Owner shall
have substantinlly begun contaction of each of the following uses:'
a. Twenty (20) dwelling units of the Senior Citizen Housing Development, and
b. The Congregate Care Facility, Skilled Nuning Facility, or Personal Care Facility
"Substantially begun construction" shall mean oblming a building permit and having an
appwved and inspected foundation.
After twenty-five (25) percent of the. dwe!llnE units within the multi-family senior
housing complex have received Occupancy Permits and prior W the next Occupancy
Penit issuance within this complex, owner shall have consu~aed and obtained a
Certificate of Occupancy forthe Senior Citizen Center, and shall have completed the golf
course.
Within five (5) years of the effective date of this Development Agreement, Owner shall
have recorded Parcel Map No. 27314 and have obtained all subsequent development
appwvals for the Senior Citizen Housing Development, the Congregate Care Facility,
the Sialfled Nursing Facility, and the Personal Care Facility.
4. Within the ten of this Development Agreement, Owner shall have obtained Certificates
of Occupancy for all buildings identified in the subsequent development appwvals.
Failure to meet any of these deadlines will result in a breach of the D.A., and the City will
initiate the reversion of the zoning designation and the General Plan Land Use designation from
R-3 and High Density Residential to R-1 and Low Medium Density Residential or Public
Institutional.
In order w satisfy the Quimby Act requirements which are usually collected prior to the
recordafion of the Final Map, the applicant will receive a fifty (50) percent credit towards the
construction of the private golf course. The. conceptual site plan for the project (refer w Exhibit
"D") shows no public paricing spaces for this facility, therefore, it will be used, exclusively by
the residents of the complex. The remaining fifty (50) percent of the Quimby requLrements is
satisfied by the construction and dedication of the Senior Center site which will actually exceed
the Quimby Act requirements. Both of these facilities wffi be built after twenty-five (25) percent
of the dwelling units within the multi-fam~y senior housing complex have received Occupancy
Permits and prior to the next Occupancy Permit issuance within this complex. Technically, the
developer could have 20 approved foundations for the multi-family senior complex and have
$x~TAFIqtFrX27~I4TTM.I~C vgw 4
received the approval for the found_nfion of cithcr the congregate care, the skilled nursing or the
p~rsonal care facilities, or have built these three facilities, and not be required to build the senior
center or the goff course.
Change of Zone No. 21
This Change of Zone from R-R to R-3 was necessary to allow the developer to apply for the
entiflements necessary to build the senior housing complex as identified in the D.A. Moreover,
this zone change is "conditional" upon the performance of the developer in regards to the
development of the site as specified in the Development Schedule of the D.A. (refer to Exhibit
"E" of Attachment 6).
If the developer fails W satisfy any component of this Development Schedule, the Zoning and
the General pinn designations will ~,ert back from R-3 and High Density Residential to R-1 and
Low Medium Density Residential or Public Institutional.
Tentative Parcel Map No. 27314. Amendtuent No. 2
The proposed map will subdivide the 98.9 acre parcel inW four (4) parcels and a Remainder
Parcel. The Senior Center site is located on Parcel No. 1. Dee to the existing Wpogvaphy, the
whole site will probably have to be mass graded in order for this parcel W be developed.
Otherwise, the parcel by itself will be difficuk W grade and build on. Since the D.A. requires
the developer to construct and dedicate the site h3 the City prior w release of the first occupancy
permit for the multi-family complex, Staff does not foresee a potential pwblem with the
topography.
Compatibility with the Surrounding Uses
The site will be bordered by existing single-family residential to the north and proposed single-
family to the south, and two schools to the east and west. Staff has not been contacted by either
of the two Home Owners Associations (HOAs), Villa Avanti to the north and Green Tree to the
cast, expressing opposition to the project. Both of these HOAs have been notified of the Public
Hearing.
However, the Temecuh Valley Unified School District has expressed concern about the project
and has requested a Conditional of Approval be added to protect their interests (refer to
Condition No. 34 and Attachment No. 11). Staff shares the concerns of the School District
since the proposed senior citizen complex will be surrounded by two schools which could impact
this pwject. The existing stadium will generate light and noise that will need to be mitigated
at the plot plan stage (refer to Condition No.35).
ZONING, FUTURE GENERAL PLAN AND SWAP CONSISTENCY
The proposed pwject includes a change of zone fwm R-R to R-3. This change will allow the
development of the project site as a senior housing complex as dictated within the D.A. The
City of Temecuh is supportive of this change of zone since it wffi result in a desirable senior
housing pwject consistent with the surrounding land uses.
The fffst draft of the preferred land use map shows the project site as Public Institutional since
it is now one parcel which covt~in~ the Linfield School. If this project is approved as proposed,
the Preferred l~nd Use Map will be mended to show High Density Residential.
The SWAP designation for the project site is residential, minimum one acre lot size. The City
of Temecula is supportive of the approval of this project since it will result in a desirable senior
housing project consistent with the grrot~ding land uses.
ENVIRONMENTAL DETERMINATION
An Initial Study was prepared for this project and with the adoption of mitigation measures
which have been included in the Conditions of Approval, all the anticipated impacts have been
reduced to a level of insignificance. Therefore, a Negative Declaration has been prepared and
recommended for adoption. TI~ following summaxiz~s the mitigation measures.
IMPACT
Structures proposed in the
Flood plain which has been
created as a result of
surface drainage entering
the site ---- --
Existence of wetlands on
the site
Adequate provisions shall be 63
made for acceptance and
disposal of surface drainage
oatering the property from
adjacent areas
A mitigation measure that is 33
acceptable to the Army
Corps of Engineen, Fish
and Game and Fish and
Wildlife
Temecula Valley High
School stadium noise and
lights
These impacts shall be dealt
with at the Plot Plan stage
and include mitigation
measures such as building
orientation, building design
features such as over hangs,
landscaping and sethacks
35
IMPACT
Traffic impact of the
project on the public stxeet
system with 1,610 daily
vehicle trips including 130
peak hour uips and the
operation of a major
intersection at level of
service C or better
Internal cixeula~on impacts
to cars and pedestrians
Impacts to FLte Services
Impacts to Library Services
MITIGATION
* Improvements Shall
be comple~d w half-
width right-of-way
width of Rancho
Vi~a Road and
Pauba Road
* Painted m~;dian shall
be nxluired with left
torn pock~ on
Rancho Vista Road
and Pauba Road to
provide access to the
project site
* The gate for the
multi-family senior
complex shall be set
back sufficiently to
'allow for stacking of
cars
* A pedestrian friendly
circulation system
shah be designed to
separate the
pedestrian circulation
from the auto
circulation by linking
parking lots~
buildings and
recreation areas
together by accent
paving, crosswalks,
lighting, landscaping
and signage
A $400.00 per dwelling unit
fire mitigation fee shall be
assessed against the project
A $100.00 per dwelling unit
library mitigation fee shah
be assessed against the
project
CONDITION NUMBER
44&79
36 & 37
38
21
$XSTAFFRFrX27~I4TVM.PC v~v 7
IMPACT
Aesthetics Impact W the
surrounding uses
=~MI'IIGITION
At the Plot Plan stage the
architecture and the
landscaping of the project
Shall take into account the
surrounding single family
units and schoois and
effectively buffer with ·
'landscaping or enhance the
architecture as deemed
necessary by the Planning
'=CONDITION NUMBER
39
SUMMARY/CONCLUSIONS
The senior citizen complex shall be constructed as specffied in the Development Agreement.
At the same time the D.A. prevents the construction of high density apaahaents once the zoning
is changed to R-3. The developer has five (5) years to start the construction of the project and
fifteen (15) years to complete the project. The construction and dedication of the Senior Center
and the construction and operation of the golf course are required after twenty-five (25) percent
of the dwelling units within the multi-family senior housing complex have received Occupancy
Permits and prior to the next Occupancy Permit issuance within this complex.
Stuff feels that the approval of the Development Agreement, Zone Change and the Parcel Map
will start the foundation of a senior citizen complex that will receive more detailed review at the
Plot Plan stage to ensure the projects consistent with the existing and proposed uses surrounding
the site.
FINDINGS
Development Agreement No. 92-1
1. The City is proceeding in a timely fashion with the preparation of its General Plan.
There is a reasonable probability that the D.A. will be consistent with the General Plan
proposal presently being considered, since the pwject will be compatible with
surrouvding uses and will carry out the polici~ intended for the G-enml Plan.
Therefore, there is a reasonable probability that the D.A. will be consistent with the
future General Plan.
There is litfie or no probability of substavtial detriment to or interference with the future
adopted General Plan if the D.A. is ultimately inconsistent with the plan, since this
pwject will be compatible with the surrounding uses.
4. The D.A. complies with all other applicable requirements of Stat~ 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.
No other mitigation measures for environmental impacts created by the project, as
presen~y approved shall be required for development of the project unless mandated by
lawS.
The City may, pursuant to and in accordance with its roles, regulations, and ordinances,
conduct an environmental review of subsequent discretionary enfi~ements for the
development of the property or any changes, amendments, or modifications to the
property. The City, as a result of such review, may impose additional measures (or
conditions) to mitigate, as permitted by law, the adverse environmental impacts of such
development en~~ement which were not considered or mitigated at the time of approval
of the D.A.
Change of Zone No. 21
There is a reasonable probability that Change of Zone No. 21 will be consistent with the
City's future General Plan, which will be completed in a reasonable time and in
accordance with State Law, due to the fact that the future developmere of the site will
be controlled by a Development Agreement which is consistent with City's policies for
the new General Plan.
There is not a likely probability of substantial detriment to or interference with the future
General Plan, if Change of Zone No. 21 is ultimately inconsistent with the plan, due to
fact that the development of the site will be controlled by a Development Agreement
which is consistent with the City's policies for the future General Plan.
The project is compatible with surrounding land uses since this project will not have
negative impacts on the existing school sites to the east and west and the existing and
proposed single-family dwellings to the north and south.
The proposal will not have an adverse effect on the environment, since mitigation
measures have been incorporated to the project design and conditions of approval to
reduce the impacts to a level of insignificance.
Tentative Parcel Map No. 27314
There is a reasonable probability that Tentative Parcel Map No. 27314 wffi be consistent
with the City's future General Plan, which wffi be completed in a reasonable time and
in accordance with State Law. The project, as conditioned, cooforms with existing
applicable city zoning ordinances and development standards.
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 future development of the site will be controlled by a Development Agreement
which is consistent with the City's policies for the new General Plan.
The proposed use or action as conditioned complies with State planning and zoning laws.
Reference local Ordinances No. 348, 460; and California Governmental Code Sections
65000-66009 (Plnnnino~ and Zoning Law).
The project as designed and conditioned will not adversely affect the public health or
welfare since all impacts have been mitigated W a level of insignificance.
The project is compatible with sunounding land uses since the proposal will not have a
negative impact on the existing school sites to the east and west and the existing and
proposed single-fnmily dwellings tO the north and south.
The project has acceptable access tO dedicated rights-of-way which are open tO, and
useable by, vehicular traffic. The pwject draws access from Pauba Road and Rancho
Vista Road, impwved dedicated City rights-of-way. Project access, as designed and
conditioned, conforms with applicable City Engineering standards and ordinances.
The pwject as designed and conditioned will not ad~,ersely affect the built or natural
environment as determined in the Environmental Analysis for this project.
8~
Said Findings are supported by minutes, maps, exhibits and environmental documents
associated 'with this application and herein incorporated by referonce, due to the fact that
they are referenced in the attached Staff Report, Exhibits, Environmental Assessment,
and Conditions of Approval.
STAFF
RECOMMENDATION:
RECOMMF2N'D Adoption of Negative Declaration for
Development Agreement No. 92-1, Change of Zone No. 21 and
Tentative Parcel Map No. 27314, Amendment No. 2; and
ADOPT Resolution No. 92- recommending Approval for
Development Agreement No. 92-i, Change of Zone No. 21 and
Tentative Parcel Map No. 27314, Amendment No. 2 based on the
Analysis and Findings contained in the Staff Report and subject tO
the attached Conditions of Appwvai.
s~r^n'~T~4rr~.~c ,.~ 10
Attachments:
1. Resolutions - blue page 12
2. Ordinances - blue page 18
3. Conditions of Approval - blue page 19
4. Exhibits - blue page 35
a. Vicinity Map
b. SWAP Map
co Zoning Map
d. Conceptual Site Plan
e. Tentative Parcel Map No. 27314, Amendment No. 2
f. Change of Zone No. 21
g. Conceptual Elevations
S. Initial Enviromental Study - blue page 36
6. Development Agreement - blue page 53
7. Sections 5.1 and 5.2 of Ordinance No. 348, Rural Residential Zoning Smnclard.~ -
blue page 54
8. Sections 8.1 and 8.2 of Ordinance No. 348, General Residential Zoning Standards -
blue page 55
9. Sections 18.5 and 18.6 of Ordinance No. 348, Standards for Planned Residential
Developments & Planned Residential Developments-Senior Citizens - blue page 56
10. Se~ions 19.101, 19.102 and 19.103 of Ordinance No. 348, Congregate Ca. re Facilities
Standards - blue page 57
11. School District Letter - blue page 58
12. Arthur Anderson Study, Development Program Recommendations - blue page 59
13. Miscellaneous Correspondence - blue page 60
s~rr~m~a,r~sa4rm.~c vs~ 11
ATTACHIVIENT NO. 1
RESOLUTIONS
s~Amumm~4rn~.~c ~ 12
A'I"fACItlvfI~NT NO. 1
RF, SOLUTION NO. 92-
A RF_~OLUTION OF ~ PIANNING COMMISSION OF
~ C1TY OF TEMECUIA RECOMMENDING APPROVAL
OF DEVELOPMENT AGIIRk~JI~Fr NO. 92-1, CHANGE OF
ZONE NO. 21 TO CHANGE ~ ZONING FROM R-R TO
R-3, AND TENTA~ PARCEL MAP NO. 27314,
AMk'NDMENT NO. 2 TO SUBDIVIDE A 96,9 ACRE
PARCEL INTO FOUR (4) PARC!?-I.Q AND A REMAINDER
PARC~..I. LOCATED NORTH OF PAUBA ROAD, SOUTH OF
RANCHO VISTA ROAD AND EAST OF TIff.. TEMECULA
VALLEY HIGH SCHOOL.
WI~.REAS, The Lin~eld School fried Development Agreement No. 92-1, Change of
Zone No. 21 and Parcel Map No. 27314, Amendment No. 2 in accordance with the Riverside
County Land Use, Zoning, Planning and Subdivision Ordlnnnces, which the City has adopted
by reference;
WHEREAS, said applications were processed in the time and manner prescribed by State
and local law;
WHE~REAS, the Planning Commission considered said applications on August 17, 1992,
at which time interested persons had an opponuhity to testify either in support or opposition;
WHEREAS, at the conclusion of the Commission hearing, the Commission
recommended approval of said applications;
NOW, TFP.~-REFORE, ~ PLANNING COMMISSION OF ~ CITY OF
T.'~v[ECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. ~ That the Temecuh Planning Commission hereby makes the
following findings:
A. Pursuant to Government Code Section 65360, a newly incorporated city shall
adopt a general plan within thirty (30) months following incorporation. During that 30-month
period of time, the city is not subject to the requirement that a genera] 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 fashion with the preparation of the
general plan.
S~TAFFP, Fr~7]14~rM.PC v~ 13
2. The planning agency f'mds, in approving projects and taking other actions,
including the issuance of building permits, 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 which
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 hw and local ordinances.
B. The Riverside County General Plan, as mended by the Southwest Area
Community Plan, (heroinafter "SWAP") was adopted prior W the incorporation of Tomecub as
the General Plan for the southwest portion of Riverside County, including the area now within
the boundaries of the City. At thi~ thlle, the City has adopted SWAP as its General Plan
guidelines while the City is procteding in a timely fashion with the preparation of its General
Plan.
C. The Planning Commission in recommending appwval of said applications makes
the foBowing findings, to wit:
Development Agreement No. 92-1
General Plan.
The City is proceeding in a timely fashion with the preparation of its
2. 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.
3. There is little or no probability of substantial detriment to or interference
with the future adopted general plan if the pwject is ultimately inconsistent with the plan, since
this pwject will not have a negative impact on the surrounding uses.
4. The projea complies with all other applicable requirements of state hw
and local ordinances.
5. The environmental impacts of the agreemere have been reviewed' and all
measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the
City approvals for the pwject.
6. No other mitigation measures for environmental impacts created by the
project, as presen~y appwved shall be required for development of the project unless mandated
by laws.
S~STAFI~'FI'~r~i4TIq~.!sC ~ 14
7. The City may, pursuant to and in accordance with its rules, regulations,
and ordinances, conduct an environmental review of subsequent discretionary entitlemenU for
the development of the pxuyerty or any ChnngeS, amendments, or modifications to the property.
The City, as a result of such review, may impose additional measures (or conditions) to mitig~ate
as permitted by law the adverse environmental impacts of such development en~~ement which
were not considered or mitigated at the time of appn3val of the project.
Change of Zone No. 21
1. There is a reasonable probability that Change of Zone No. 21 will be
consistent with the City's future General Plan, which wffi be completed in a reasonable time and
in accordance wiffi State Law, due w ~e fact that ~e future development of ~e site will be
controlled by a Development Agreement which is consistent with City's policies for the new
General Plan.
2. There is not a likely pwbability of substantial detriment to or interference
with the future General Plan, if Change of Zone No. 21 is ultimately inconsistent with the plan,
due to fact that the development of the site will be controlled by a Development Agreement
which is consistent with the City's policies for the future General Plan.
3. The project is compatible with surrounding land uses since this pwject will
not have negative impacts on the existing school sites to the .east and west and the existing and
proposed single-family dwellings to the north and south.
4. The proposal will not have an adverse effect on the environment, since
mitigation measures have been incorporated into the project design and conditions of approval
to reduce the impacts to a level of insignificance.
Tentative Parcel ~ No. 27314. Amendment No. 2
1. Them is a reasonable probability that Tentative Parcel Map No. 27314,'
Amendment No. '2 will be consistent with the City's future Genera/Plan, which will be
completed in a masonable time and in accordance with State hw. The project, as condi~oned,
conforms with existing applicable city zoning ordinances and development standards.
2. There is not a likely probability of substantial detriment W, or interference
with the City' s future General Plan, if the proposed use is ultimately inconsistent with the Plan,
since the future development of the site will be controlled by a Development Agreement which
is consistent with the City's policies for the new General Plan.
3. The proposed use or action as conditioned complies with State planning
and zoning laws. Reference local Ordinances No. 348,460; and California Governmental Code
Sections 65000-66009 (Planning and Zoning Law).
health or weftare.
The project as designed and conditioned will not adversely affect the public
S~TA~|4~I'M'isC YEw 15
5. The project is compatible with surrounding land uses since the proposal
will not have a negative impact on the existing school sites to the east and west and the existing
and proposed single-family dwellings to the north and south.
6. The project has acc,~pmble access to dedicated rights-of-way which are
open to, and useable by, vehicular traffic. The project draws access from Pauba Road and
Raneho Vista Road, improved dodicaWd City tights-of-way. Project access, as designed and
conditioned, conforms with applicable City Engineering slandards and ordinances.
7. The pwject as designed and condi~oned will not adversely affect the bU~t
or natural environment as determined in the Environmental Analysis for this project. ·
8. Said findings ale suppolXed by minutes, maps, exhibits and environmental
documents associated with this application and heroin incoxporated by reference, due to the fact
that they are referenced in the attached Staff P,~pott, Exhibits, Environmental Assessment, and
Conditions of Approval.
F. As conditioned pursuant to SECTION HI, the Parcel Map proposed is compatible
with the health, safety and welfare of the community.
Section 2. Environmental Conlpliance. An Initial Study prepared for this project
indicates that the proposed project will not have a significant impact on the environment wiffi
the incorporation of the mitigation measures into the project design, and a Negative Declaration,
is hereby granted.
Section 3. Conditions. That the City of Temecula Planning Commission hereby
recommends approval of Development Agx~ment 92-1, Change of Zone No. 21, and Tentative
Parcel Map No. 2731,~, Amendment No. 2 located at north of Pauba Road, south of Ranthe
Vista Road and east of the Temecula Valley I-I~gh School subject to the following conditions:
A. Attachment No. 3, attached hereto.
Section 4. PASSED, APPROVED AND ADOPTED this 17th day of August, 1992.
JOHN E. HOAGLAND
CHAIRMAN
s~sT^FF~a~z73~,rr~.~c ~w 16
I I:ik'~ERy CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 17th day of
August, 1992 by the following vote of the Commission:
AYF, S:
NOF_.S:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
S~TAFFR.Pl'X27]I41'l'M.l"C vl~ 17
A'i-rA~ NO. 2
ORDE",IANCES
s~Amu, n~4~r~.~c ~ 18
D~L~,TED BY STAFF
ATTACRIVIENT NO. 3
CONDITIONS OF APPROVAL
s~r^n~.rx2'n~4rru.~c ~ 19
CITY OF T,~IECULA
CONDITIONS OF APPROVAL
Tentative Parcel Map No: 27314, Amendment No. 2
Project Description: A request to subdivide a 96.9 acre
parcel into 4 parcels and a remainder
parcel.
Assessor's Parcel No.: 946-070080
PLANNING DEPARTlvI'ENT
The tentative subdivision shall comply with the State of California Subdivision Map Act
and w all the requirements of Ordinance 460, unless modified by the conditions listed
below. A lime e~tension 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.
This conditionally approved tentative map will expire two yeats after the approval date,
unless extended as provided by Ordinance 460. The expiration date is
Any delinquent property taxes Shall be paid prior to recordation of the Final map.
Legal access as required by Ordinance 460 shall be provided from the tract map
boundary to a City maintained mad.
Subdivision phasing, ff applicable, shall be subject to Planning Department appmvai.
Any proposed phasing shall provide for adequate vehicular access to all lots in each
phase, and shall substantially conform to the intent and purpose of the subdivisio~
approval.
A Homeowners Association shall be established for maintenance of Open Space/Common
Area and the developer/applicant shall pay for all costs relating to establishment of the
Homeowners Association.
A copy of the final grading plan shall be submitted to the Planning Depal'tment for
review and appmvai. All on-site cut and fill slopes shall:
Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of
thirty (30) feot. Setbacks from top and bottom of slopes shall be a minimum of
one-half the slope height.
B. Be contour-graded to blend with existing natural contours.
10.
11.
12.
13.
14.
15.
16.
17.
C. Be a part of the downhill lot when within or between individual lots.
AH slopes over three (3) feet in height shah be landscaped and irrigated 'according to the
City Development Code. A detailed landscaping and irrigation plan, px~npared by a
qualffied professional, shrill he $ubllxitted to the City pinnning Department for review and
approval prior to issuance of building permits.
The applicant shall comply with the environmental health recommendations outlined in
the County Health Depamnent's Wansmittal dated July 1, 1992, a copy of which is
atmched.
The applicant shall comply with the fife improvement recommendations outlined in the
County Fire Depamnent's lener dated May 4, 1992, a copy of which is attached.
All proposed construction shall comply with the California Institute of Technology,
Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plall.
The applicant shah comply with the recommendations outlined in the Eastern Municipal
Water District transmittal dated March 12, 1992, a copy of which is attached.
The developer sh311 be responsible for maintenance and upkeep of all slopes, landscaped
areas end irrigation systems until such time as those operations are the responsibilities
of other parties as approved by the Planning Director.
The applicant shall comply with the recommendations outlined in the Rancho Water
transmittal dated May 7, 1992, a copy of which is attached.
The applicant shall comply with the recommendations outlined in the RTA Wansmittal
dated March 2, 1992, a copy of which is attached.
The applicant shall comply with the recommendations outlined in the Temecula
Community Services District transmittal dated August 12, 1992, a copy of which is
attached.
Prior W recordation of the fmal map, an Environmental Constraints Sheet (F, CS) shall
be prepared in conjunction with the final map to delineate identified environmental
concerns and shall be permanently fried with the office of the City Engineer. A copy of
the ECS shall be trausmitted to the Planning Dep~uiuient for review and appwval. The
appwved ECS shall be forwarded with copies of the recorded final map to the Planning
Department and the Depamnent of Building and Safety.
The following notes shall he phced on the Environmental Constraints Sheet:
A. This property is located within thirty (30) miles of Mourn Palomar Observatory.
s~n=pzm'u~z4~rM.~ ~ 21
A fifty (50) foot wide easement Shall be recorded on both sides of the wetland
habitats as identified in the Biological Report and shall be designated a biological
open space. The area within this easement may be incoxporated into th~ design
of the golf course.
C. Drainage easements shall be kept free of buildings and obstructions.
D. The 100-year ~OOdphin area shall be delineated.
18. Prior to the issuance of BUILI~ING PER_MII'S the following conditions shall be satisfied:
Prior to the issuance of building permits detailed common open space area
landscaping and irrigation plans shall be submitted for Planning Department
approval for the phase of development in process. The plans shall be certified
by a landscape architect, and shall provide for the following:
Permanent automatic irrigation systems shall be installed on all landscaped
areas requiring irrigation.
Landscape screening where required shall be designed to be opaque up to
a minimum height of six (6) feet at maturity.
All utility service areas and enclosures shall be screened from view with
landscaping and decorative barriers or baffle treatments, as approved by
the Planning Director. Utilities shall be placed underground.
Parkways shall be landscaped to provide visual screening or a transition
into the primary use area of the site. Landscape elements shall include
earth berming, ground cover, shrubs and specimen trees. Front yards
shall be landscaped and street trees planted.
Wall plans shall be submitted for the project perimeter and along
~ Road. Wooden fencing shall not be allowed on the perimeter
of the project. All lots with slopes leading down from the lot shall be
provided with gates in the wall for maintenance access.
I-nndscaping plans shall incorporate the use of specimen accent trees at
key visual focal points within the project.
Where street trees cannot be planted within fight-of-way of interior streets
and project parkways due to insufficient road fight-of-way, they' shall be
planted outside of the road right-of-way.
Landscaping plans Shall incorporate native and drought tolerant plants
where appropriate.
s~^FFaimzm4rr~.~c ,~ 22
All existing specimeu uees and siguificant rock outcroppings on the
subje~:~ property shall be shown on the project's grading plans and shall
note those to be removed, relocated and/or ruralned.
je
AI] tl'eos shall be minimum double staked. Weaker and/or slow growing
trees shall be steel
19. Prior to issuance of GRAnING PER1VrrrS the following conditions shall be satisfied:
ff 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 d~tailed grading plans for
individual phases of development and shmll include the following:
(1)
Techniques which will be utilized to prevent erosion and sedimentation
during and after the grading process.
(2)
Appwximate time frames for grading and identification of areas which
may be graded during the higher probability rain months of January
through Ma~h.
(3) Preliminary pad and roadway elevations.
(4) Areas of temporary grading outside of a panicu~r phase.
All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10)
feet in vertical height shall be contour-graded incorporating the following grading
techniques:
(1)
(2)
The angle of the graded slope shall be gradually adjusted to the angle of
the natural terrain.
Angular forms shall be discouraged. The graded form shall reflect the
natural rounded terrain.
(3)
The toes and tops of slopes shall be muaded with curves with radii
designed in proportion to the total height of the slopes where drainage and
stability permit such rounding.
Where cut or fill slopes exceed 300 feet in horizontal length, the
horizontal contours of the slope shall be curved in a continuous,
undulating fashion.
Prior to the issuance of grading permits, the developer shall provide eviden~ 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 Dir~tor of Building and Safety.
s~r^nuum2n~4rrM.~c ,~ 23
20.
Prior to the issuance of a grading permit, the applicant Shall comply with the
provisions of Ordinance No. 663 by paying the appropriate fee set forth in that
ordinance. Should Ordinance No. 663 be superseded by the provisions of a
Habitat Conservation Plan prior to the payment of the fee required by Ordinance
No. 663, the applicant Shall pay the fee required by the Habitat Conservation Plan
as implemented by County ordinance or resolution.
Prior to issuance of grading permits, erosion control landscaping shall be
provided consistent with Ordinance No. 457.75.
An overall conceptual landscape plan shall be submitted to the Planning
D~0~uhnent for approval prior to issuance of any grading permits. This plan shall
highlight all the a~as which will be landscaped including front yards, slopes
within individual lots, common area slopes/open space, goff course, street
parkways, e~. Construction landscape plann for each phase shall be submitted
for approval to the planning Department prior to issuance of any building permits
for that phase. All common ax~a landscaping for each phase shall be installed
prior to issuance of the final for any building in that phase.
Prior to the issuance of grading permits, a qualified paleontologist Shall be retaj~ed by
the developer for consultation and comment on the proposed grading with respect to
potential paleontological impacts'. Should the paleontologist fred the potential is high for
impact to significant resources, a pre-grade meeting between the paleontologist and the
excavation and grading contractor shall be arranged. When necessary, the paleontologist
or representative shall have the authority to temporarily divert, redirect or halt grading
activity to allow recovery of fossils.
2 1. Prior to the issuance of BUrr-~ING 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 provide~
evidence of compliance with public facility financing measures. A cash sum of
one-hundred dollars ($100) per lot/unit shall be deposited with the City as
mitigation for public library development.
All building plans for all new structures shall incorporate, all required elements
from the subdivision's approved fife protection plan as approved by the County
Fire Marshal.
All dwellings to be constructed within this subdivision shall be designed and
constructed with fire retardant (Class A) roofs as approved by the Fire Marshal.
Roof-mounted mechanical equipment shall not be permitted within the
subdivision, however solar equipment or any other energy saving devices shall
be pertained with Planning Department approval.
S'~rA~I4~I'M.],C v~ 24
E. Building se~ration between all buildings including fireplaces shall not be less
than ten (10) feet.
22.
24.
Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be
satisfied:
All landscaping and irrigation shall be installed in accordance with approved plans
prior to the issuance of occupancy permits. If seasonal conditions do not permit
planling, interim landscaping and erosion coaltel measures shah be utilized as
approved by the P!~nning Director and the Director of Building and Safety.
All landscaping and irrigation shah be installed in accordance with appwved plans
and Shall be verified by City field insp~tion.
Prior to the issuanc~ of an occupancy permit, the applicant slmll enter into an
agreement with~ for the refuse service to include the
u,~li:.~tion of a small pick-up ~uck equipped with a lift mechanism in order to
move the covtniners out and back into the project; thus, prohibiting the entering
of large refuse trucks into the project. Said agreement shall be Submitted to the
Planning Director for approval.
The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its
agents, officer, and employees from any clalm~ action, or proceeding against the City of
Tmecula 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 Tentative Parcel Map No. 27314, Amendment No. 2, which action is brought
within the time period provided for in California Government Code Section 66499.37.
The City of Temecula will promptly notify the subdivider of any such claim, action, or
proceeding against the City of Temecuh and will cooperate fully in the defense. ff the
City fails to promptly notify the subdivider of any such claims action, or proceeding or
fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible
to defend, indemnify, or hold lmnnless the City of Temecuh.
The developer shall make a good faith effort to acquire the required off-site prol~rty
interests, and if he or she should' fail to do so, the developer shall at least 120 days prior
to submiUal of tim final map for approvai, enter into an agreement to complete the
improvements pursuant to Government Code Section 66462 at such time as the City
acquires the property interests required for the improvements. Such agreement slmll
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 simll be in the form of a cash deposit in the mount given in an appraisal
report obtained by the developer, at the developer's cost. The appraiser shall have been
approved by the City prior to commencement of the appraisal.
S~TAFFILl"B27314TTM.I'C vl~ 25
25.
All utility systems including gas, electric, telephone, water, sewer, and cable TV shall
be provided for underground, with easements pwvided as requixed, and designed and
constructed in accordance with City Codes and the utility provider. Telephone, able.
'IV, and/or security systems shall be prz-wLred in the residences.
26. All utilities, except electrical lines rated 33kv or greater, shall be installed underground.
Covenants, Conditions and Restrictions/Reciproal Access Easements:
27.
28.
29.
30.
The' Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and appwved
by the Philtuning I)q3fuhuent prior tO finni approval 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.
32.
No lot or dwelling unit in the development shall be sold unless a corporation, association,
property owner's group, or slmlhr 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 aleas 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 maintaill, nil of said mutually available features of the development.
Such entity shall operate under recorded CCIR's which Shnll include compulsory
membership of all owners of lots and/or dwelling units and flexibility of
assessments to meet changing costs of maintenance, repain, and services. Recorded
CC&R's shall permit enforcement by the City of i'mvisions required by the City as
Conditions of Approval. The developer shall submit evidence of compliance with this
requirement to, and receive appwval of, the City prior to ranking any such sale. This
condition shall not apply to land dedicated to the City for public puxposes.
Maintenance for all landscaped and open areas, including parkways, shall be provided
for in the CC&R's.
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) a share
in the corporation, or voting membership in an association, owning the common areas
and facilities.
All existing specimen trees on the subject property shall be preserved wherever feasible.
Where they cannot be preserved they shall be relocated or rapheed with specimen trees
as appwved by the Planning Director.
Within forty-eight (48) hours of the appwval of the project, the applicant/developer shall
deliver W the planning Department a cashiers check or money order payable W the
County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollan
($1,275.00), which includes the One Thousand, Two Hundrexi, Fifty Dollars ($1,250.00)
fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2)
plus the Twenty°Five Dollar ($25.00) County administrative fee W enable the City W
the Notice of Determination required under Public Resources Code Section 21152 and
SXSTAFFRFT'~7314TT/d,PC
26
33.
34.
35.
36.
37.
14 Cal. Code of Regulations 15075. 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).
The applicant Shall consult the Army Corps of Engineers and the California Depazhuent
of Fish and Cvamc prior to designing the site plan for the project to mitigate the impacts
to the wetlands as identified in the Figaro 2 of the Biological Report which includes the
unvcgetated alluvial wash and the Southern Willow Scrub. A proof of this consultation
shall be subnlitted to the planning Depal~nent alefig with the Plot Plan or Conditional
Use Permit applications. These applications shall not be deemed complete without the
proof of consultation with both of these agencies.
A full disclosure shall be made to all prospective residents, whether buyers or tenters,
that the existing Temecula Valley High School foottall stadium, tennis courts and other
rehted facilities will be used ext~.~ively for ball games, practices, rock concerts and
community activities. These events occur during both the daytime and evening hours and
will generate considerable noise and light. The Temecula Valley Unified School District
will not accept responsibility for the impact that these activities may have on the
neighboring complexes, nor will any of these conditions be subject to mitigation by the
district. The disclosure shall be made at the time of initial marketing and through
individual grant deeds. The specific form of the disclosure shall be approved by the
Planning Director and the City Attorney prior to issuance of building permits.
The proposed projea will be impacted by the Temecuh Valley High School stadium
noise and light. The following shall be implemented prior to appwval of any Plot Plans
or Conditional Use Permits:
A noise study shall be submiRed. This study shall examine the impact of the
stadium on the proposed residences. Mitigation measures shall be included in the
study including but not limited to building setbacks from the westerly property
line, .walls, landscaping, building orientation and building design. These
mitigation measures shall reduce the maximum interior noise level to 45 Ldn and
the exterior noise level w 65 Ldn.
Mitigation measures shall be incorporated into the project design including but not
limited to building setbacks from the westerly property line, walls, landscaping,
building orientation and building design. These mitigation measures Shall reduce
the impact to a level of insignificance as determined by the phnning Director.
The enWance gateqW the private roads in the multi-family senior complex, ff prOposed,
shall be setback sufficiently to allow for stacking of cars to avoid blocking the right-of-
way. This condition shall be complied with prior to approval of the Plot Plan.
A pedestrian friendly circuh~on system shall be designed to separate the pedestrian and
auto circuhtions by linking parking lots, building and recreation areas together by accent
paving, cross walks, lighting, landscaping and signage.
38.
A $400.00 per dwelling unit fife mitigation fee shall be assessed prior to issuance of
building permits.
39.
The archit~zture and th~ landscaping of the project shall take into account the
surrounding single-family units and schools and effectively buffer them with landscaping
or create a pleasing facade to the neighboring properties especially the single-family
units.
40. The development of thi~ project sha!] comply with Development Agn~ment No. 92-1.
PUBLIC WORKs DEPARTMENT
The following are the Depanmant of Pubic Works Conditions of Approval forthis project, and
shall be completed at no cost to any Government Agoncy. All questions regarding the true
meaning of the conditions shall b~ referred to the appropfiat~ staff person of the Department of
Public Works.
It is understood that the Subdivider has corr~tly shown on the tentative map all existing and
proposed easements, traveled ways, improvement constraints and dr~_inage courses, and their
omission may require the project to be resubmitted for further r~view and revision.
PRIOR TO RECORDATION OF THE FINAL MAP:
41.
Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of
an existing Assessment District must comply with the requirements of said section.
42.
As deemed necessary by the Depa~iaient of Public Works, the developer shall receive
written clearance from the foliowing agencies:
Rancho California Water District;
l~-astem Municipal Water District;
Riverside County Flood Control district;
City of Temecuh Fire Bureau;
Planning Department;
Deponent of Pubnc
Riverside County Health Department;
CATV Franchise;
Parks and Recreation Department;
General Telephone;
Southern California Edison Company; and
Southern California Gas Company.
43.
All road easements and/or street dedications shall be offered for dedication to the public
and shall continue in force until the City accepts or abandons such offers. All
dedications shall be free from all encumbrances as approved by the Department of Public
Works.
S~$TA~I4Trl~I.i~C vlw 28
46.
48.
Pauba Road and Rancho 'Vista Road shal] be improved with a haft-width of 32 feet of
asphalt concrete pavement, or bonds for the sh=et improvements may be posted, within
the dedicated fight-of-way in accordance with City Standard No.102, (88'/64').
In the event road or off-site fight-of-way aze required to comply with these conditions,
such easements shah be obtained by the developer; or, in the event the City is requh'ed
to condemn the easement or ~ght-of-way,'as provided in the Subdivision Map Act, the
developer shall enter intO an agreement with the City for the acquisition of such easement
at the developer's cost pursuant to Government Cede Section 66462.5, which shaJJ be
at no cost to the City.
Vehicular access shrill be restricted on Pauba Road and Rancho Vista Road and' so noted
on the finnl map with the exception of access points and street intersections as shown on
the tentative map and as approved by the De~t~ent of Public Works.
An easement for a joint use driveway between shall be provided between parcels 3 and
4 prior to approval of the Final Map or issuance of building permits, whichever occurs
first.
~s~ements, when required for roadway slopes, landscape easements, drainn~e facilities,
UtilitieS, etc., shnli be shown on the final map if they al~ located within the land division
boundary. All offers of dedication and conveyances shall be submitted and recorded as
directed by the Department of Public Works.
A declaration of Covenants, Conditions and Resd-ictions (CC&R's) shall be p~red by
the developer and submitted to the Director of PlannlnE, City Engineer and City
Attorney. The CC&R's shnll be signed and acknowledged by all parties having any
record title interest in the property to be developed, shall make the City a party thereto,
and shall be enforceable by the City. The CC&R's shaXl be reviewed and approved by
the City and recorded. The CC&R's shall be subject to the following Engineering
conditions:
A. The CC&R's shall be prepared at the developer's sole cost and expense.
The CC&R's shall be in the form and content appwved by the Director of
Planning, City Engineer and the City Attorney, and shah include such pwvisions
as ar~ required by this approval and as said officials deem necessary to pwtect
the interest of the City and its residents.
The CC&R's and Articles of Incorporation of the PKuyerty Owner' s Association
are subject to the approval of Planning, Deparunent of Public Works, and the
City Attorney. They sh~l! be recorded concurrent with the final map. A
recorded copy shall be pwvided to the City.
The CC&R's shall provide for the effective establishment, operation,
management, use, repair and maintenance of aH common areas, drainage and
rehted facilities.
s~r^mun'~,4vru.~c ,~, 29
50.
51.
52.
53.
The CC&R's shall provide that the property shall be developed, operated and
m~imalned so as not to create a public nuisance.
The CC&R's shall provide that if the property is not maintained in the condition
required by the CC&R's, then the City, after making due demand and giving
reasonable notice, may enter the. property and perform, at the owner's sole
expense, any maintenance required thereon by the CC&R's or the City
ordinances. The property shall be subject to a lien in favor of the City to secure
any such expense not promptly reimbursed.
1. All parkways, open areas, onsite slopes and landscaping shall be
permanently mainmlned by the association or other means acceptable to
· th~j City. Such proof of this maintenance shall be submitted to .Planning
~ d the Depaalment of Public Works prior to iss,,ance of building permits.
2. Reciprocal access easements and maintenance agreements ensuring access
' t~ all paxe.~ and joint mainmane~ of all macis, drives or parking areas
~be provided by CC&,R's or by dee~ and shall be recorded
concurrent with the map, or prior to the issuance of building permit where
no map is involved.
The subdivider shall construct or post security and an aga~ement shall be executed
guaranteeing the construction of the foBowing public improvements in conformance with
applicable City standards.
Street improvements, including, but not limited to: pavemere, curb and gutter,
sidewallc% drive approaches, street lights, signing, striping, and other traffic
control devices as appropriate.
B. Storm drain facilities.
C. I ~ndscaping (sUeet.parkway and slope protection).
D. Sewer and domestic water systems.
E. Undergrounding of proposed utility distribution lines ff required.
The street design and improvement concept of this project shall be coordinated with
adjoining developments.
Street lights shall be provided along streets adjoining the subject site in accordance with
the requh'ements of Ordinance No. 461 and as approved by the Department of Public
Works.
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
54.
55.
56.
5~,
58.
59.
61.
62.
63.
mitigation fee, he may enter into a writ~n agreement with the City deferring said
payment to the time of issuance of a building permit.
All street and driveway centerline intersections Shnll be at 90 degrees or as appmved by
the Depamnent of Public Works.
Improvement plans shall be based upon a cont~rline profile extending a minimum of 300
feet beyond thB proje~:t boutantics at a grade and alignment as approved by the
Department of Public Works.
A minimum centcrIme street grade Shrill be 0.50 per~nt.
All driveways shall conform to the applicable City of Temeeula standards and shall be
shown on the sU~t improvement plans in accordance with City Standard 207A and 401
(curb sidewalk).
The subdivider shall submit two (2) prints of a comprehensive grading plan to the
Department of Public Works either prior to recordation of the final map or prior to
grading permit. The plan shall .comply with the Uniform Building Code, Chapter 70,
and as may be additionally provided for in these Conditions of Approval. The plan shall
be drawn on 24" x 36" roylax by a Registered Civil Engineer.
A geological report shall be p~red by a qualified engineer or geologist and submitted
as directed by the Dep~ulment of Public Works at the time of application for grading plan
check.
The subdivider shall submit two (2) copies of a soils x~ort to the Department of Public
Works at the time of application for grading plan cheek. The report shall address the
soils stability and geological conditions of the site.
A drainage study shall be submitted to and approved by the Department of Public Works.
All drainage facilities shall be installed as required by the Department of Public Works.
On-site drainage facilities, located outside of road right-of-way, shall be contained within
drainage easements shown on the final map. A note shall be added to the final map
stating "Drainage easements shall be kept free of buildings and obstruction."
Adequate provisions shall be made for acceptance and disposal of surface drainage
entering the property from adjacent areas.
The subdivider shall protect downstream properties from damages caused by alteration
of the drainage patterns; i.e., concentration or diversion of flow. l~otection shall be
provided by constructing adequate drainage facilities, including enlarging existing
facilities or by securing a drainage easement.
The developer shall l'~,ord an Environmental Constraint Sheet delineating the area within
the DO-year floodplain.
s~r^mnu,r~,~rr~.~ ~ 31
66.
Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent
to Develop. Conduit shrill be installed to CATV Standards-at time of street
improvements.
PRIOR TO ISSUANCE OF GRADING PERMITS:
Prior m is~mnce of a grading permit, developer must comply with the requirements of
the National PoHutant. Discharge l~limina~on System (I~PDFS) permit from the State
Water Resources Control Board. No grading shall be permitted until a I',rPDF. S clearance
is granted or the project is shown to be exempt.
68.
Prior to any work being performed in public right-of-way, fees shall be paid and an
encroachment permit shall be obtained from the Department of Public Works.
69.
A grading permit shall be obtained from the Depatlment of Public Works prior to
commencement of any grading outside of the City-maintained road right-of-way.
· 70.
No grading shall take place prior to all related improvement plans being substantially
complete, appropriate clearance letters have been obtained, and approval of the grading
plan has been granted by the DepauUuent of Public works.
71.
If grading is to ~e place between the months of October and April inclusive, erosion
control and runoff mitigation plans wffi be requited. All plans shall be submitted with
appropriate notes as directed and approved by the Department of Public Works.
72.
Prior to any grading permits being issued a flood mitigation charge shall be paid. The
charge shall equal the prevailing Area Drainage Plan fee rote multiplied by the area of
new development. The charge is payable to the Flood Control District and proof of
payment must be submitted to the City prior to issuance of permits. ff the full Area
Drainage Plan fee or mitigation charge has already credited to this propen'y, no new
charge needs to be paid.
73.
A permit from the County Flood Control District is required for work within their right-
of-way.
PRIOR TO BU[I,DING PERMIT:
74.
A precise grading plan shall be submitted to the Department of Public Works for review
and approval prior to the development of any parcel. The building pad shall be certified
by a registered Civil Engineer for location and elevation, and the Soils Engineer shall
issue a Final Soils Report addressing compaction and site conditions.
75.
Grading of the subject property shall be in accordance with the Uniform Building Code,
City Grading Standards and accepted grading practices. The final grading plan shall be
in substantial conformance with the approved rough grading plan.
sxs~^vvmm:Tsurr~.~c ,~ 32
76.
Developer shall pay any capital fee for wad improvements and public facilities impused
upon the property or project, including that for traffic and public facility mitigation as
required under the amYNegative Declaration for the project. The fee'to be paid shall
be in the mount in effect at the time of payment of the fee. ff an interim or fmai public
facility mitigation fee or district has not been finally established by the date on which
developur 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 thi, Agreement, developer shall
post security to secure payment of the Public Facility fee. The mount of the security
shall be $2.00 per squa~ foot, not to exceed $10,000. Developer understands that said
Agreement may require the payment of fees in excess of those now estimated (assuming
benefit to the project in the mount of such fees). By execution of this Agreement,
developer will waive any fight 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; nrovided that
developer is not waiving its right to protest the reasonableness of any traffic impact fee,
and the amount thereof.
PRIOR TO ISSUANCB OF CERTIFICATES OF OCCUPANCY:
77.
Construct full street improvements including but not limited tO, curb and gutter, A.C.
pavement, sidewalk, drive approaches, parkway trees and street lights on all interior
public streets.
78.
Existing city wads requiring construction shall remain open to traffic at all times with
adequate detours during construction. Traffic control plans shall be pwvided as dLrected
by the Department of Public Works, and may be required to be prepared by a registered
Civil Engineer.
Transportation Engineering
PRIOR TO RECORDATION OF THE FINAL MAP:
79.
A signing and striping plan slmll be designed by a registered Civil F_.ngineer and approved
by the Department of Public Works for Pauba Road and Rancho Vista Road and Shall be
included in the street improvement plans.
80.
Prior to designing any of the above plans, contact Transportation Engineering for the
design requirements.
81.
Bus bays will be provided at all existing and future bus stops as determined by the
D~partment of Public Works.
s~rAmunv~4~r..~c ,~ 33
PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMrxS:
82.
A construction area traffic control plan shall be designed by a registered Civil Engineer
and approved by the City Engineer for any s~et closure and detour or other disruption
to tnffic circulation as required by the Department of Public Works.
PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS:
83. All signing and striping shall be installed per the appmvcd signing and striping plan,
84.
Landscaping shall be limited in the comer cut-off area of all intersections and adjacent
to driveways to provide for minimum sight distance.
July 1, 1992
CITY OP TEMECULA
4~174 Business Park Drive
Temecula, CA 92~e0
ATTN: Saied Naaseh:
RE: TENTATIVE TRACT MAP NO. 27314: BEZN8 A PORTION OF THE
RANCHO TENECULA, AS BRANTED BY U.S. BOVERNMENT TO LUIS
VIGNES BY PATENT DAJr_U 1-18-1~60, AS SHOWN BY LIBER 1, PAGE
579 RECORDS OF SAN DIEGO COUNTY, AN PARCELS 1,2,&5 OF
PARCEL; MAP B3/~7-100 RECORDS OF RIVERSIDE COUNTY, LOCATED
IN THE CITY OF TEJ~ECULA, CALIFORNIA,
(4 LOTS)
Dear Gentlemen:
The Department of Environmental Health has reviewed
Tentative Tract Map No. 27314 and recommends:
A water system shall be installed according to plans and
specifications as approved by the water company and the
Health Department. Permanent prints of the plane of the
water eystem shall be submitted in triplicate, with a
minimum scale not less than one inch equals 200 feet, along
with the original drawing to the County Surveyor. The
prints shall show the internal pipe diameter, location
valves and +ire hydrants; pipe and joint specifications, an~
the size o+ the main at the junction of the new system to
the existing system. The plans shall comply in all respects
with Div. 5, Part 1, Chapter 7 o+ the Cali+ornia Health and
Safety Code, Cali+ornia Administrative Code, Title
Chapter 16, and General Order No. 103 of the Public
Utilities Commission of the State o+ California, when
applicable. The plans shall be signed by a registered
engineer and water company with the following certification:
"I certify that the design of the water system in Tract Map
27514 is in accordance with the water system expansion plans
o+ the Rancho California Water District and that the water
services, etorage, and distribution system will be adequate
to provide water service to such Tract Map."
ATTACHMENT NO. 3
EXHIBITS
R:~S\STAFFRFI~27314.PC 2/24/~3 klb 32
CITY OF TEMECULA
CASE NO.: Development Agreement No. 92-01 ~
Change of Zone No. 21
Tentative Parcel Map No. 27314, Amendment No. 3
E~X/HRIT: A
· 2. DATE: March 1, 1993
SITE PLAN
R:\S~STAFFRPT~27314.FC 2/24193
CITY OF TEMECULA
CASE NO.: Development Agreement No. 92-01
Change of Zone No. 21
Tentative Parcel Map No. 27314, Amendment No. 3
EXIHBIT: B TENTATIVE PARCEL MAP
P.C. DATE: March 1, 1993
R:\S\STAFFRPT~27314.l~C 2/24/93 klb
ATTACHMENT NO. 4
INITIAL ENVIRONMENTAL STUDY
R:\SXSTAFFRPT',27314,pC 2i24/93 klb 33
CITY OF TEMECULA
PLANNING DEPARTMENT
I
H
BACKGROUND
Name of Proponent:
Address and Phone
Number of Proponent:
Lin~eld Christian School
31950 Pauba Road
Temecula, CA 92592
3. Date of Environmental
Assessment:
4. Agency Requiring
Assessment:
June 20, 1992
CITY OF TEMECULA
5. Name of Proposal,
if applicable:
6. LoCation of Proposal:
ENVIRONMENTAL IMPACTS
N/A
Surrounded by Pauba Road to the south and Rancho
Vista Road to the north and 700 feet east of Margarita
Road
(Explanations of all answers are provided on attached sheets.)
Yes Maybe N__o
1. Earth. Will the proposal result in:
Unstable earth conditions or in
changes in geelogic substructures?
Disruptions, displacements, compac-
tion or overcovering of the soil?
X
Substantial change in topography
or ground surface relief features?
The destruction, covering or modi-
fication of any unique geologic or
physical featores?
R:\S\STAFFRPT\27314.1ES 2/23/93 klb
Any substantial increase in wind or
water erosion of soils, either on
or off site?
Changes in deposition or erosion
of beach sands, or changes in
siltation, deposition or erosion
which may modify the channel of a
river or stream or the.bed of the
ocean or any bay, inlet or lake?
Exposure of people or property
to geologic hazards such as earth
quakes, landslides, mudslides,
Found failure, or similar hazards?
Air. Will the proposal result in:
Substantial air emissions or
deterioration of ambient air
quality?
b. The creation of objectionable
odors?
· C.
Alteration of air movement,
moisture, or temperature, or any
change in climate, whether locally
or regionally?
Water. Will the proposal result in:
Substantial changes in currents, or
the course or direction of water
movements, in either marine or
fresh waters?
Substantial changes in absorption
rates, drainage patterns, or the
rate and amount of surface runoff?.
Alterations to the course or flow
of flood waters?
Change in the amount of surface
water in any water body?
R:\S\STAFFRPT~27314.1ES 2~23~93 klb
YeS Maybe N__Qo
X
X
X
X
Discharge into surface waters, or
in any alteration of surface water
quality, including, but not limited
to, temperature, dissolved oxygen
or turbidity?
Alteration of the direction or rate
of flow of ground waters?
Change in the quantity of ground
waters, either through direct addi-
tions or withdrawals, or through
interception of an aquifer by cuts
or excavations?
Substantial reduction in the amount
of water otherwise available for
public water supplies?
Exposure of people or property to
water related hazards such as flood-
ing or tidal waves?
Plant Life. Will the proposal result in:
Change in the diversity of species,
or number of any native species of
plants (including trees, shrubs,
grass, crops, and aquatic plants)?
Reduction of the numbers of any
unique, rare, or endangered species
of plants?
Introduction of new species of
plants into an area of native
vegetation, or in a barrier to the
normal replenishment of existing
species?
Substantial reduction in acreage
of any agricultural crop?
Yes Maybe N__Q
X
_ _ X
X
X
X
R:\S\STAFFRPT~27314.1ES 2~23~93 klb
10.
Animal Life. Will the proposal result
in:
Change in the diversity of species,
or numbers of any species of animals
(birds, land animals including rep-
tiles,' fish and shellfish, benthic
organisms or insects)?
Reduction of the numbers of any
unique, rare or endangered species
of animals?
Deterioration to existing fish or
wildlife habitat?
Noise. Will the proposal result in:
a. Increases in existing noise levels?
Exposure of people to severe noise
levels?
Light and Glare. Will the proposal
produce substantial new light or glare?
land Use. Will the proposal result in a
substantial alteration of the present or
planned land use of an area?
Natural Resources. Will the proposal
result in:
Substantial increase in the rate of
use of any natural resources?
Substantial depletion of any non-
renewable natural resource?
Risk of Upset. Will the proposal
involve:
A risk of an explosion or the release
of hazardous substances (including,
but not limited to, oil, pesticicles,
chemicals or radiation) in the event
of an accident or upset conditions?
Yes Maybe N_.Qo
X
X
R:\S\STAFFRPT~27314.1ES 2/23/93 Idb
11.
12.
13.
14.
Possible interference with an emerg-
ency response plan or an emergency
evacuation plan?
Population. Will the proposal alter
the location, distribution, density, or
growth rate of the human population of
an area?
Housing. Will the proposal affect
existing housing or create a demand for
additional housing?
Transportation/Circulation. Will the
proposal result in:
Generation of substantial additional
vehicular movement?
Effects on existing parking facili-
ties, or demand for new parking?
Substantial impact upon existing
transportation systems?
Alterations to present patterns of
circulation or movement of people
and/or goods7
Alterations to waterborne, rail or
air traffic?
. f.
Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
Public Services. Will the proposal have
substantial effect upon, or result in a
need for new or altered governmental
services in any of the following areas:
a. Fire protection?
b. Police protection?
c. Schools7
d. Parks or other recreational
facilities?
R:\S\STAFFRPT\27314.1ES 2/23/93 klb
Yes Maybe N._fl
_ _ X
X
X
X
X
X
X
X
15.
16.
17.
18.
Maintenance of public facilities,
including roads?
f. Other governmental services:
Energy. Will the proposal result in:
Use of substantial amounts of fuel
or energy?
b. Substantial increase in demand
upon existing sources of energy,
or require the development of new
sources of energy?
Utilities. Will the proposal result in~
a need for new systems, or substantial
alterations to the following utilities:
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f, Solid waste and disposal?
Human Health. Will the proposal
result in:
Creation of any health hazard or
potential health hazard (excluding
mental health)?
Exposure of people to potential
health hazards?
Aesthetics. Will the proposal result
in the obstruction of any scenic vista
or view open to the public, or will the
proposal result in the creation of an
aesthetically offensive site open to
public view?
R:\S\STAFFRPT~27314..IE$ 2123/93 klb
Yes Maybe N__Q
X
X
X
X
X
X
X
19.
20.
21.
Recreation. Will the proposal result in
an impact upon the quality or quantity
of existing recreational opportunities?
Cultural Resources.
Will the proposal result in the
alteration of or the destruction
of a prehistoric or. historic
archaeological site?
Will the proposal result in adverse
physical or aesthetic effects to a
prehistoric or historic building,
structure, or object?
Does the proposal have the potential
to cause a physical change which
would affect unique ethnic cultural
values?
Will the proposal restrict existing
religious or sacred uses within the
potential impact area?
Mandatory Findings of Significance.
Does the project have the potential
to .degrade the quality of the
environment, substantially reduce
the habitat of a fish or wildlife
species, cause a fish or wildlife
population to drop below self
sustaining levels, threaten to
eliminate a plant or animal or
eliminate important examples of
the major periods of California
history or prehistory?
Does the project have the potemial
to achieve short-term, to the
disadvantage of long-term, environ-
mental goals? (A short-term
impact on the environment is one
which occurs in a relatively brief,
definitive period of time while long-
term impacts will endure well into
the filmre.)
Yes Maybe N_,_Qo
X
X
R:\S\STAFFRPTX27314.1ES 2/23193 klb
Does the project have impacts which
are individually limited, but cumu-
latively considerable? (A project's
impact on two or more separate
resources may be relatively small,
but where the effe~ of the total of
those impacts on the environment
is significant.)
Does the project have environmental
effects which will cause substan-
tial adverse effects on human beings,
either directly or indirectly?
Yes Maybe No
__ __ X
R:\S\STAFFRP'I~27314.1ES 2/23/93 klb
HI DISCUSSION OF THE ENVIRONIVIENTAL EVALUATION
Earth
1.a.
1.b.
1 .c.d.
1.g.
Air
2.b.
2.c.
No. The proposed project is not anticipated to cause changes in geologic substructures
and create unstable earth conditions. Since this approval does not provide entitlements
for structures, no mitigation measures are necessary at this point~ However, the Public
Works Department is responsible for implementation. of necessary mitigation measures
prior to issuance of Fading permits to insure stable earth conditions for the project.
Yes. The approval of this project will not cause disruptions, displacements, compaction
or overcovering of the soil. The ultimate development of this site will eventually cause
these conditions. However, these conditions will not cause a substantial impact on the
environment as no substantial changes in topography are necessary.
No. The project site does not contain unique geologic or physical features as determined
by a site inspection. Therefore, no substantial changes in topography or ground surface
relief features will result. There is no substantial environmental impact,
Maybe. The ultimate buildout of the project may result in wind and water erosion of
soils as a result of grading. However, standard mitigation measures during the grading
stage including watering the disturbed areas to prevent dust and proper erosion control
during and after the grading will reduce the impacts to a level of insignificance.
No. The site drainage for this project will be channeled through existing improvements
and the runoff from this project is not anticipated to cause any offsite erosion. No
significant impacts are anticipated.
No. The project site is not located in an earthquake, landslide, mudslide, ground failure
hazard zones as determined in the Southwest Area Plan (SWAP). No significant impacts
are anticipated.
No. The construction equipment associated with the construction of the project and the
traffic generated by the ultimate residents and user's of the project are the major
contributors to air emissions, However, these impacts are not considered significant
since the construction is for a limited time only and the traffic generated from a senior
housing project is not significant.
No. Objectionable odors are usually associated with cornmerciai and industrial uses.
Since this project is exclusively residential in natore there are no significant impacts.
No. Due to the size of the project site and its location within the South Coast Air Basin,
the alteration of air movements, moisture or temperature, or any change in climate would
not occur in conjunction with the ultimate development of the proposed project. No
significant impacts are anticipated.
R:\S\STAFFRPT~27314.1ES 2/23/93 kib
Water
3.a.
3.b.
3.c.
3.d.
3.e.
3.f.
3.g.
3.h.
3.i.
Plant Life
de.a.C.
No. The ultimate development of the proposed project will not result in increased storm
water flows in any marine or fresh waters. No significant impacts are anticipated.
Yes. By covering the project site with concrete, asphalt and landscaping, the absorption
rate of the site under existing conditions would be reduced and the mount of surface
runoff would be increased. The existing 120 inch storm drain is sufficient to carry this
runoff; therefore, no significAmt impa~ts are anticipated.
Maybe. Theultimatebuildoutoftheprojectwillresultinconstructionofdwellingunits
in the flood plain. The pads for these dwellings will be elevated above the flood plain.
No significant impacts are anticipated to the course or flow of flood waters.
No. The construction of impervious surfaces on the project site will not substantially
alter the existing drainage patterns nor proposed drainage patterns because of the size and
location of the project. No significant impacts are anticipated.
No. Stormwater runoff and possibly irrigation runoff from the proposed project would
ultimately flow into the Santa Margarita River. Runoff pollutants will be typical of those
of urbanized areas, including motor oil, pestieides, herbicides and fertilizers. This
impact will be mitigated by the clearance issued by the State Water Resources Control
Board. This clearance will insure compliance with the National Pollutant Discharge
Elimination System (NPDES). No significant impacts are anticipated.
No. The runoff from the project is conveyed to Murrieta and Temecula Creeks which
flow into the Santa Margarita River. Both Murrieta and Temecula Creeks and the Santa
Margarita River recharge the ground water in the Murrieta-Temecula basin. The runoff
from this project is not anticipated to change the direction or rate of flow of ground
waters. No significant impacts are anticipated.
No. The project site is within Rancho Water District and will not draw from the ground
water for their everyday use. Therefore, no significant impacts are anticipated.
No. Rancho Water District has indicated the availability of water to serve this project.
Therefore, there is no potential for substantial reduction in the availability of water. No.
significant impacts are anticipated.
Maybe. A portion of the project site is within the flood plain. However, the project will
be conditioned to construct the dwelling units above the flood plain limit per the FEMA
standards which will mitigate any impacts to people and property from water related
hazards such as flooding. No significant impacts are anticipated.
Yes. The Biological Assessment prepared for the project site determined existence of
Non-U.S. waters weftand on the site. The project is conditioned for obtaining clearances
from Fish and Game and Army Corps of Engineers prior to approval of any development
R:\S\STAFFRPTX27314.1ES 2~23~93 klb
4.b.c.
Anlm~l Life
5.a.
5.b.
Noise
6.a.
6.b.
applications. The project in general will introduce new species of plants and will
eliminate the native plants present at this time. However, none of the ~xisting species
are considered sensitive. No significant impacts are anticipated.
No. The proposed project will not reduce the numbers of any unique, rare, or
endangered species of plants as determined by the Biological Assessment. The project
site is not presently be'me used for agricultural purposes; therefore, no significant impacts
are anticipated.
Maybe. The ultimate development of the site may eliminate some of the native animals
on the site however, some may survive in an urban environment. The only additions to
the animal life are expected to be household pets. The impact of this development is not
considered significant for this category.
No. The biological study recommended a focused K-Rat survey which identified no
Steven's Kangaroo Rats on the site. No other sensitive or endangered species were
identified on the site by the biological study. Therefore, no significant impacts are
anticipated.
No. Since there is no significant habitat for any sensitive species other than the wetland
there is no significant impact. The weftands will be protected by two fifty (50) foot
easements and will be incorporated into the design of the golf course.
No. The ultimate development of the site will not significantly increase the existing noise
levels. The short term impacts are associated with the construction of the project and the
long term impacts will mostly result from the traffic generated by this project. Due to
the size and location of this project these impacts are not considered significant.
Maybe. The proposed project abuts an existing high school stadium. The noise
generat~a:l from this stadium is expected to impact at least a portion of the senior housing
project. Since the exact location and type of the dwelling units is not known at this time,
a detailed noise study will be required to mitigate the impacts of the stadium noise on this
project. The mitigation measures may include building orientation, design features,
landscaping, etc. No significant impacts are anticipated.
Light and Glare
No. The project will not result in a significant increase in the light and glare of the area.
Furthermore, the project will be conditioned to comply with Mt. Palomar lighting
requirements. All lights will be conditioned to be directed on site, therefore, reducing
the impact on the neighboring properties to a level of insignificance.
R:\S\STAFFRPT~27314.1ES 2/23/93 klb
The light and glare produced from the 'high school stadium will impact this project which
has been conditioned to deal with this impact. The conditions will be enforced at the plot
plan stage and include building orientation, building design, setbacks, etc.
Land Use
Yes. This project includes a zone change from R-R to R-3. The R-R zoning designation
permits low density single family development with minimum .5 acre lots and a variety
of commercial uses. The R-3 zoning designation will create high density senior housing
and the supporting us,es which will be dictated by the Development Agreement. This
change will not result in a significant impact because of the low impact nature of senior
housing.
Natural Resources
9.a.b.
No. Implementation of the proposed project would increase the rate of consumption of
both renewable and nonrenewable natural resources during construction and project
operation. Natural resources consumed during construction would be aggregate
materials, timber, and energy resources for on-site construction equipment and for
transport vehicles which would bring supplies to the site. At build out, energy resources
required during project operation would include gasoline, natural gas for heating and
cooling, electricity for lighting, and appliances. As all of these resources are readily
available commercially, the proposed project would not have a significant impact on
natoral resources.
Risk of Upset
10.a.
No. The proposed project is residential in nature and it is not expected to house any
material with the potential for an explosion or the release of hazardous substance. The
gasoline in the tanks of the residents' and the visitors' cars and the pesticicles used for
maintenance of the landscaping are not expected to create significant impacts.
10.b.
No. The proposed project will be reviewed by the Fire Depa~'tment at the Plot Plan
stage; therefore, all response time and emergency vehicle turnarounds will be examined
at that stage. No significant impacts are anticipated.
Ponulation
ll.a.
No. The ultimate build out of the project will increase the senior citizen population in
the project vicinity. This increase could be in the form of out of town residents moving
into the city, relocation of Temecula residents in the area or a combination of the two.
This impact is not expected to be Significant.
Homing_
12.
Yes. This project will have a positive impact on the housing in the region since it will
provide additional housing for senior citizens. No negative significant impact is
anticipated.
R:\S\STAFFRPT%27314,1ES 2123/93 klb
Transportation/Circulation
13.a.c.
Maybe. The project will generate approximately 1,610 daily vehicle trips, 130 of which
are expected to occur during the evening peak hour. According to the traffic study, the
major intersections impacted by this project will operate at Level of Service C or better.
No significant impacts are anticipated since mitigation measures have been incorporated
into the project. These mitigation measures include improving Pauba Road and Rancho
Vista Road bordering the project to their ultimate half-section widths as secondary
highways (88 feet right-of-way) in conjunction with development. A painted median with
lef~ turn pockets will be provided for traffic on Rancho Vista Road and on Pauba Road
desiring to turn left into the project entrances. The project will be required to participate
in the future construction of off-site capital improvements through established procedures.
13.b.
No. The project will not create additional demand on existing parking facilities since the
proper number of parking spaces will be provided for the site as required by Ordinance
No. 348. Therefore, no significant impacts are anticipated.
13.d.
No. The development of this project will not cause any alterations to present patterns of
circulation or movement of people and/or goods since the major roads are already
established in the vicinity of the project. Therefore, no significant impacts are
anticipated.
13.e.
No. This project will not cause alterations to waterbgrne, rail or air traffic due to the
nature of the project, its geographic location, and local transportation system. Therefore,
no significant impacts are anticipated.
13.f.
Maybe. Project-related traffic could create new traffic hazards to motor vehicles,
bicyclists, and pedestrians, both on and off the project site. Points of conflict Would be
created as a result of additional points of ingress and egress along Pauba Road and
Rancho Vista Road. Internal circulation patterns could also result in potential hazards
to pedestrians.
The fol!owing measures need to be incorporated into the project design to reduce the
impacts of the project to an insignificant level:
The gate for the proposed senior housing should be setback from the Right-of-
Way to allow for proper stacking of cars behind the gate.
Vehicular and pedestrian entries to the project should be clearly identifiable to
visitors through the use of signage, hardscaping and landscaping.
Circulation within the site should be designed to minimize conflicts between
automobiles and pedestrians.
A pedestrian friendly design needs to be incorporated into the project design
providing adequate pedestrian circulation. Accent paving, crosswalks,
landscaped walkways and adequate lighting should be used to identify and
enhance pedestrian walks.
R:\S\STAFFRPT\27314.1ES 2/23/93 klb
· Consideration should be given to providing safe pedestrian access through
parking areas and from the public street walkways to building entrances.
Public Services
14.a.
14.b.
No. Mitigation fee of $400.00 dollars for each unit will be collected to mitigate the
impacts of this development on Fire Service. The Fire Depamnent will review the Plot
Plan for this project to insure adequate service. No significant impacts are anticipated.
No. The City of Temecula is contracting through the RiVerside County Sheriffs
Department for law enforcement services. This contract provides for thirty-one sworn
officers and seven non-sworn officers. Additional services are provided to the City
through various divisions within the Sheriffs Department. The average response time
for priority one calls is 6.5 minutes and according to the Sheriffs Department this
response time is well within industry standards for adequate service levels. The City
intends to maintain a ratio of 1 officer per 1,000 residents. No significant impacts are
anticipated.
14.c.
No. The proposed project is an exclusively senior housing project. No school aged
children are anticipated to be generated from this project. No significant impacts are
anticipated.
14.d~
No. The proposed project will include a private golf course and other active amenities.
A senior center might also be a pan of this project which will create new activities for
the residents. No significant impacts are anticipated.
14.e.
No. The project will cause increased traffic on city streets; however, this is not
considered a significant impact (refer to No. 13).
14.f.
Energy
15.a.b.
Maybe. The future project residents will be using governmental services such as
libraries; however, a $100.00 per dwelling unit mitigation fee imposed on this project
will mitigate the impact. No significant impacts are anticipated.
No. The implementation of the proposed project would increase the rate of consumption
of fuel and other energy resources. During construction, construction equipment would
be consuming energy resources. At buildout, energy resources would be required during
project operation, such as gasoline, natural gas and electricity. However, the proposed
project would not result in the use of substantial amounts of fuel or energy which are
commercially abundant. No significant impacts are anticipated.
R:\S\STAFFRPT%27314.1ES 2/23/93 klb
Utilities
16.a.b.c.
d.e.f.
No. All the utilities and services are within close proximity to the project site and will
be extended to the project site with agreements between the developer and the individual
agencies. No significant impacts are anticipated.
Human Health
17.a.b.
No. The natore of the proposed uses permitted on the project Site is not such that they
would create potential health hazards. No significant impacts are anticipated.
18.
Maybe. The project will go through further review in terms of architecture and
landscaping when a Plot Plan application is filed. All aesthetics issues will be dealt with
at that stage. At that time close at~ntion shall be given to the impacts, if any, to the
existing single family dwellings to the north of the project site and the existing schools
on the west and east of the site. No significant impacts are anticipated.
Recreation
19.¸
Yes. The proposed project will include a private golf course and other active amenides.
A senior center may also be a part of this project which will create new activities for the
residents. These impacts are considered positive and will not cause significant negative
impacts.
Cultural Resources
20.a.b.c.d.
No. The proposed project will not have a significant impact on prehistoric or historic
cultural resources according to the University of California Eastern Information Center.
This conclusion was made upon completion of a Phase I study. A condition will be
imposed on the project to have a qualified archaeologist present at the time of grading
as required by the Eastern Information Center.
R:\S\STAFFRPT\27314JES 2/23/93 Idb
~,'IRO~AL DETERMINATION
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant
effect on the environment, and a NEGATIVE DECLARATION will be
prepared.
I find that although the proposed project could have a signi-
ticant effect on the environment, there will not be a signi-
ticant effect on this case because the mitigation measures
described On aRached sheets and in the Conditions of Approval
have been added to the project.
A NEGATIVE DECLARATION WILL BE PREPARED.
I find the proposed project MAY have a significant effect on
the environment, and an ENVIRONMENTAL IMPACT REPORT is
required.
February 2. 1993
Date
For CITY OF TEMECULA
R:\S\STAFFRPT\27314.1ES 2124/93 klb
ATTACHMENT NO. 5
DEVELOPMENT AGREEMENT
R:\S~STAFFRFI~27314.PC 2124193 klb 34
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
DEVELOPMENT AGREEMENT.
BETWEEN
CITY OF TEMIEuu~A
and
THE LINFIELD SCHOOL
R:~S\STAFFe.DA 2/23/~3 klb -1-
DEVELOPMENT AGREEMENT
BETWEEN
CITY OF ~'~uu~A
and
THE LINFIELD SCHOOL
This Development Agreement ("Agreement") is entered
into to be effective on the date it is recorded with the
Riverside County Recorder (the "Effective Date") by and among the
City of Temecula, a California municipal corporation {"City") and
the persons and entities listed below ("Owner" :
THE LINFIELD SCHOOL
RECITALS
A. The legislature of the.State of California has
adopted California Government Code Section 65864-65869.5
{"Development Agreement Legislation") which authorizes a city to
enter into a binding development agreement with persons having
legal or equitable interests'in real property located within a
city's municipal boundaries for the development of such
property.
B. Pursuant and subject to the Development Agreement
Legislation, 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 under which such
property may be developed in the City.
C. In lieu of obtaining approval of a Specific Plan
for the development of the Property, Owner has requested City to
consider entering into a development agreement relating to the
Property.
D. By electing to enter into this Agreement, City
shall bind future members of the City Council of City by the
obligations specified herein and further limit the future
exercise of certain governmental and proprietary powers of and
members of the City Council.
E. The terms and conditions of this Agreement have
undergone extensive review by the staff of the City and the City
Council of City and have been found to be fair, just and
reasonable.
F. City finds and determines that it will be in the
best interests of its citizens and the public health, safety and
welfare will be served by entering into this Agreement.
G. All of the procedures of the California
Environmental Quality Act have been met with respect to this
Agreement.
H. City was incorporated on December 1, 1989.
Pursuant to California Government Code Sections 65360 and 65361,
the City has forty-two (42) months following incorporation to
prepare and adopt a general plan. During this 42-month period,
the City may approve development projects without being subject
to the requirement that its decisions be consistent with the
R:\S\STAFFRFI~L~IBLD.DA 2/.23/~3 klb -2-
general plan so long as the findings set forth in Section 65360
and the conditions of approval of the California Office Of
Planning and Research are met.
I. Pursuant to City Ordinance No. 90-4, the City has
adopted the County of Riverside's land use, subdivision and
mitigation fee ordinances as amended by City Ordinance Nos. 90-05
through 92-15. Pursuant to City Resolution No. 90-31, the City
has adopted the Riverside County Southwest Area Cormnunity Plan
{"SWAP"), as a planning guideline during the preparation of the
City'sGeneral Plan. :
J. The City Council of City hereby finds and
determines that:
(1) The City is proceeding in a timely fashion
with the preparation of its general plan.
(2) There is a reasonable probability that the
Project will be consistent with the draft
general plan proposal presently being
considered.
(3) There is little or' no probability of
substantial detriment to or interference with
the future adopted general plan if the
Project ~s ultimately inconsistent with the
plan.
(4) The Project complies with all other
applicable requirements of state law and
local ordinances.
K. Owner is the fee owner of a ninety-six and nine-
tenths (96.9) acre parcel of undeveloped land located South of
Rancho Vista Road, east of Temecula Valley High School and north
of Pauba Road, hereinafter referred to as the "Property" as
described in Exhibit "A" attached hereto and made a part herein
by this reference. This Agreement applies to the development of
a forty-eight and three-tenths (48.3) acre portion of the
Property, comprised of LOts 1-4 of Tentative Parcel Map NO.
27314.
L. City and Owner desire that the Property be
developed as a Senior Citizen Housing Development as further
described herein.
M. The City Council of City hereby finds and
determines that:
(1) The environmental impacts of this Agreement
have been reviewed and all measures deemed feasible to
mitigate adverse impacts thereof have been.incorporated into
the City approvals for the Project.
{2) No other mitigation measures for
environmental impacts created by the Project, as presently
approved shall be required for development of the Project
unless mandated by law.
(3) City may, pursuant to and in accordance with
its rules, regulations, and ordinances, conduct an
environmental review of subsequent discretionary
entitlements for the development of the Property or any
changes, amendments, or modifications to the Property. The
City, as a result of such review, may impose additional
measures (or conditions) to mitigate as permitted by law the
R:~S\STAFFRPTU, INFIBLD,DA 2/23/93 k~ ' 3 =
adverse environmental impacts of such development
entitlement which were not considered or mitigated at the
time of approval of the Project.
(4) Should the Owner propose more than 240
dwelling units for parcel 2 of the property then the
environmental impacts of those additional units shall be
evaluated, and the City may condition the project as necessary to
mitigate such additional units.
N. Within forty-eight (48) hours of the effective
date of this Agreement, Owner shall deliver to the Planning
department a check payableto the County Clerk in the amount 6f
One Thousand Two Hundred Seventy-Five Dollars (1,300.00),.. which
includes the One Thousand Two Hundred Fifty Dollars ($1,250.00)
fee required by Fish and Game Code Section 711.4(d)(2) plus the
Twenty-Five Dollar ($50.00) County administrative fee to enable
the City to file the Notice of Determination required under
Public Resources Code Section 21152 and 14 Cal. Code of
Regulations 15075. If within such forty-eight (48) hour period
the Owner has not delivered to the Planning Department the check
required above, this Agreement shall be void by reason of failure
of condition, Fish and Game Code Section 711.4(c~.
O. City Council of City has approved this Agreement
by Ordinance No. adopted on , 1993, and effective
on , 1993.
NOW, THEREFORE, in consideration of the above Recitals
and of the mutual covenants hereinafter contained and for other
good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree:
1. Definitions. In this Agreement, unless the
context otherwise requires:
(a) "Congregate Care Facility" is a congregate
care residential facility developed pursuant to Riverside County
Ordinance No. 460, and Sections 8.1, 8.2, 19.101, 19.102 and
19.103 of Riverside County Ordinance No. 348.
(b) "City" is the City of Temecula.
(c) "Development Approvals" means all those
discretionary land use entitlements necessary to develop the
Property, including, but not limited to, zoning changes,
tentative subdivision maps, plot plans, and conditional use
permits.
(d) "Development Exaction" means any requirement
of City in connection with or pursuant to any Land Use Regulation
or Development Approval for the dedication of land, the
construction of improvements or public facilities, or the payment
of fees in order to lessen, offset, mitigate or compensate for
the impacts of development on the environment or other public
interests.
(e) "Development Plan" means the development of
the Property as depicted in Exhibit G.
(f) "Existing Development Approvals" means those
certain Development Approvals in effect as of the effective date
of this Agreement with respect to the Property, including,
R:\S~STAFFRPT~INFI~LD.DA 2/2,3/93 klb -4-
without limitation, the "Existing Development Approvals" listed
in Exhibit B which were approved by the City of Temecula.
(g) "Land Use Regulations" means all ordinances,
resolutions, codes, rules, regulations and official policies of
City, governing the development and use of land including without
limitation, the permitted use of land, the density or intensity
of use, subdivision requirements, t~e maximum height and size of
proposed buildings, the provisions for reservation or dedication
of land for public purposes, and the design, improvement and
construction standards and specifications applicable to the
development of the Property which are a matter of public record
on the Effective Dane of this Agreement. "Land Use Regulations"
does not include any County or City ordinance, resolution, code,
rule, regulation, or official policy, governing:
(1) The conduct of businesses, professions,
and occupations;
(2) Taxes and assessments;
(3) The control and abatement of nuisances;
(4) The granting of encroachment permits and
the conveyance of rights and interests which provide for the
use of or the entry upon public property;
(5) The exercise of the power of eminent
domain.
(h) "Senior Citizen Housing Development" means a
multi-family development intended for persons 55 years of age or
older, as further defined at California Civil Code Section 51.3.
(i) "Subsequent Development Approvals" means all
Development Approvals required subsequent to the Effective Date
in connection with development of the Property.
(j) "Project" is the development of the Property
with the following specific uses: (i) multifamily senior housing
complex; (ii) congregate care facility; (iii) skilled nursing
facility; (iv) personal care facility, and (v) Seniors' Community
Center; and (vi) a nine (9) hole private golf course.
(k) "Owner" means the person having a legal
interest in the Property;
(1) "Subsequent Land Use Regulation" means any
Land Use Regulation adopted and effective after the Effective
Date of this Agreement.
(m) "Property" is the real property referred to
in Exhibit "A".
2. Interest of Owner. Owner represents that he has a
legal interest in the Property and that all other persons holding
legal or equitable interests in the Property are to be bound by
this Agreement.
3. Exhibits. The following documents are referred to
in this Agreement, attached hereto and made a part hereof by this
reference:
R:\S~STAFFRF~LMI~LD.DA 2/23/93 klb -5-
Exhibit Referred to
Desiqnation Description in Paragraph
A Legal Description of the K
Property
B Existing Development l(f), 15.2
Approvals
C Development Schedule 9, 10
D Public Facility Fee 14.2
Agreement
E Fee Credit 14.3
F Deed Restriction 10
G Development Plan 9
4. T~rm.
(a) 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.
(b) Should the Owner: (i) fail to obtain all
Subsequent Development Approvals to develop and complete the
Project, or (ii) breach the Development Schedule, Owner agrees to
City amending the land use designation to Low Medium Density
Residential or Public Institutional, and amending the zoning to
Single Family Residential (R-l) or Public Institutional.
(c) Notwithstanding any other provisions of this
Agreement, upon the sale or lease of any lot, dwelling or unit to
a member of the public or other ultimate user, this Agreement
shall terminate-with respect to any such lot, dwelling, unit or
space, and such lot, dwelling, unit or space shall be released
and no longer be subject to this Agreement without the execution
or recordation of any further document upon satisfaction of both
of the following conditions:
(1) The lot has been finally subdivided and
individually (and not in "bulk") sold or leased to a member
of the public or other ultimate user; and,
(2) A Certificate of Occupancy has been
issued for a building or the lot, and the fees set forth
under Section 14 of this Agreement have been paid.
Notwithstanding the sale of any individual lot,
dwelling, unit or space as set forth herein, the Owner shall
remain liable to perform any and all outstanding obligations,
still unperformed or uncompleted at the time of sale, with
respect to said lot, dwelling, unit or space required by this
Agreement or as a condition of any development approval. The
Owner shall condition the sale and deed sufficiently to ensure
the completion of said obligations.
5. Assignment.
5.1 Riqht to Assign. The Owner shall have the
right to sell, transfer, or assign the Property in whole or in
part (provided that no such partial transfer shall violate the
Subdivision Map Act, Government Code Section 66410, et seo., or
Riverside County Ordinance No. 460, as the same was incorporated
by reference into the Temecula Municipal Code by Ordinance No.
90-04) to any person, partnership, joint venture, firm, or
corporation at any time during the term of this Agreement;
provided, however, that any such sale, transfer, or assignment
shall include the assignment and assumption of the rights,
duties, and obligations arising under or from this Agreement and
be made in strict compliance with the following conditions
precedent:
(a) No sale, transfer, or assignment of any
right or interest under this Agreement shall be made unless
made together with the sale, transfer, or assignment of all
or a part of the Property.
(b) Concurrent with any such sale, transfer
or assignment, or within fifteen (15) business days
thereafter, the Owner shall notify City, in writing, of such
sale, transfer, or assignment and shall provide City with an
executed agreement, in a form acceptable to the City
Attorney, by the purchaser~ transferee, olr assignee and
providing therein that the purchaser, transferee, or
assignee expressly and unconditionally assumes all the
duties and obligations of the Owner under this Agreement.
Any sale, transfer, or assignment not made in strict
compliance with the foregoing conditions shall constitute a
default by the Owner under this Agreement. Notwithstanding the
failure of any purchaser, transferee, or assignee to execute the
agreement required by Paragraph (b) of this Subsection, the
burdens of this Agreement shall be binding upon such purchaser,
transferee, or assignee, but the benefits of this Agreement shall
not inure to such purchaser, transferee, or assignee until and
unless such agreement is executed.
5.2 Release of Transferrinq Owner.
Notwithstanding any sale, transfer, or assignment, a transferring
Owner shall continue to be obligated under this Agreement unless
such transferring Owner is given a release in writing by City,
which release shall be provided by City upon the full
satisfaction by such transferring Owner of all of the following
conditions:
(a) The Owner no longer has a legal or
equitable interest in all or any part of the Property except
as a beneficiary under a deed of trust.
(b) The Owner is not then in default undar
this Agreement.
(c) The Owner has provided City with the
notice and executed agreement required under Paragraph {b)
of Subsection 5.1 above.
(d} The purchaser, transferee, or assignee
provides City with security equivalent to any security
previously provided by Owner 'to secure performance of its
obligations hereunder.
R:~,S\STAFFRF~LIN]~BLD.DA 2/23/93 Idb - 7 -
5.3 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 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.
City will not unreasonably withhold its consent to any such
requested interpretation provided such interpretation 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 interpretations and shall make reimbursement payments
to City within thirty (30} days of receipt of an invoice from
City.
Any Mortgagee of the Property shall be entitled to the
following rights and privileges:
(a) Neither entering into this Agreement nor a
breach of this Agreement shall defeat, render invalid, diminish
or impair the lien of any mortgage on the Property made in good
faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of
trust encumbering the Property, or any part thereof, which
Mortgagee has submitted a request in writing to the City in the
manner specified herein for giving notices, shall be entitled to
receive written notification from City of any default by the
Owner in the performance of the 0wner'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
R:\S~STAFFP, F~LINFIBLD,DA 2/23/93 kab -8-
that any sale, transfer or assignment by any Mortgagee in
possession shall be subject to the provisions of Section 6.3 of
this Agreement.
(e) Any Mortgagee who comes into possession of
the Property, or any portion thereof, pursuant to subsection (d)
above and who elects not to assume the obligations of the Owner
set forth herein shall not be entitled to any rights to develop
which have or may have vested as a result of this Agreement.
7. 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. Proiect Zoning. Pursuant to the Existing
Development Approvals, the Project description contained at
Section 16.1 of this Agreement, and the Development Plan, the
Property has been rezoned from Rural-Residential (R-R) to General
Residential (R-3) to permit Project development. The land use
designation under the City's Draft General Plan is Public
Institutional and High Density Residential. The rezoning and
proposed land use designation is conditional upon the completion
of the Project pursuant to the Development Schedule. Any
substantial breach of the Existing Development Approvals,
Development Schedule or Development Plan shall constitute a
material breach of the Agreement.
10. Development Schedule.
(a} Owner shall develop the Property pursuant to
the Development Schedule contained in Exhibit C.
(b) Concurrently with recording Parcel Map No.
27314, Owner shall record a deed restriction in substantially the
form of Exhibit F, as to Parcels 1-4 of said Tract, restricting
occupancy in the Project to persons fifty-five (55) years of age
and older.
(c) The parties acknowledge that Owner cannot at.
this time predict when, or the rate at which phases of the
Property will be developed. Such decisions depend upon numerous
factors which are not within the control of Owner, such as market
orientation and demand, interest rates, absorption, completion
and other similar factors. Since the California Supreme Court
held in Pardee Construction Co. v. 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
Schedule.
11. Hold Harmless. Owner agrees to and shall hold
City, its officers, agents, employees and representatives
harmless from liability for damage or claims for damage for
personal injury including death and claims for property damage
R:~S\STAFFRF~L~BLD.DA 2,;23/93 kib ' 9-
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 0wner's activities in connection with the Project.
This hold harmless agreement applies to all damages and
claims for damages suffered or alleged to have been suffered by
reason of the operations referred to in this paragraph,
regardless of whether or not City prepared, supplied, or appr0ved
plans or specifications or both for the Project and regardless of
whether or not the insurance policies referred to herein are
applicable.
Owner further agrees to indemnify, hold harmless, pay
all costs and provide a defense for City in any action
challenging the validity of this Agreement Or the Project.
12. Litigation.
12.1 Third Party LitiGation Concerning Agreement.
Owner shall defend, at its expense, including attorneys fees,
indemnify, and hold harmless City, its agents, officers and
employees from any claim, action, or proceeding against City, its
agents, officers, or employees to attack, set aside, void, or
annul the approval of this Agreement or the approval of any
permit granted pursuant to this Agreement. City shall promptly
notify Owner of any such claim, action, or proceeding, and City
shall cooperate in the defense. If City fails to promptly notify
Owner of any 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.
12.2 EnVironmental AsSurances. Owner shall
indemnify and hold City, its officers, agents, and employees free
and harmless from any liability, based or asserted, upon any act
or omission of Owner, its officers, agents, employees,
subcontractors, predecessors-in~interest, successors, assigns and
independent contractors for any violation of any federal, state,
or local law, ordinance or regulation relating to industrial
hygiene, solid or hazardous waste or to environmental conditions
on, under or about the Property. Said violations shall include,
but not limited to, soil and groundwater conditions, and Owner
shall defend, at its expense, including attorneys fees, City, its
officers, agents and employees in any action based or asserted
upon any such alleged act or omission. City may, inits
discretion, participate in the defense of any such action.
13. Third Party LitiGation Concerning the General
Plan. City is a newly incorporated city falling within the scope
of Government Code Sections 65360 and 65311 and thus not subject
to the requirement that a General Plan be adopted or that
development decisions be consistent therewith so long as the City
makes certain findings, which the City has made at Section J. of
this Agreement. Notwithstanding these findings City shall have
no liability in damages under this Agreement for any failure of
City to perform under this Agreement or the inability of Owner to
R:~S\STAFFRFI~LINFIELD.DA 2/23/93 klb - 10 -
develop the Property as contemplated by the Development Plan of
this Agreement as the result of a judicial determination that on
the Effective Date, or at any time thereafter, the findings made
under Section 65360 and 65361 or the future General Plan, are
invalidated or inadequate or not in compliance with law.
14. Public Benefits. Public Improvements and
Facilities.
14.1 Intent. The parties acknowledge and agree
that development of the Property will result in substantial
public needs which will not be fully met by development of the
Project and further acknowledge and agree that this Agreement
confers substantial private benefits on the Owner which should be
balanced by cormnensurate public benefits. Accordingly, the
parties intend to provide consideration to the public to balance
the private benefits conferred on the Owner by providing more
fully for the satisfaction of the public needs resulting from the
Project.
14.2 Impact Fees.
(a) The developer(s) of the Property shall pay a
capital or impact fee for road improvements and public facilities
the City may adopt for development ("Public Facilities Fee"), in
the amount in effect at the time of payment of the fee. (The
term "developer(s) of the Property or Project" as used in this
Section shall mean the person(s) who seeks a building permit to
construct structures on the Property. These individuals shall
hereinafter be referred to as the "Developer".) If an interim or
final public facility mitigation fee or benefit district has not
been finally established by the date on which Developer requests
its building permits for the Project or any phase thereof, the
Developer shall execute an Agreement for Payment of a Public
Facility Fee, in substantially the form of Exhibit D.
(b) Owner shall pay all other impact fees
provided for under the Land Use Regulations, including, but not
limited to the Residential Impact Fee (pursuant to Riverside
County Ordinance No. 659) and Flood Control, Fire, Library,
Traffic Mitigation and K-Rat Fees.
14.3 Fee Credits and Schedule. In exchange for'
the dedication of land, the construction of improvements and the
payment of fees, Owner shall be entitled to Fee Credits set forth
in Exhibit E.
14.4 Waiver. By execution of this Agreement,
Owner waives any right to object to the imposition of the
provisions of Section 15 of this Agreement, the adoption of any
interim or final Public Facility Fee, or the process, levy, or
collection of any interim or final Public Facility Fee for this
Project; provided that Owner is.not waiving its right to protest
the reasonableness of any interim or final Public Facility Fee',
and the amount thereof.
15. Reservations Of Authority.
15.1 Limitations, Reservations, and Exceptions.
Notwithstanding any other provision of this Agreement, the
following Subsequent Land Use RegUlations shall apply to the
development of the Property, including, but not limited to:
R:\S\STAFFRPT~LINFI~LD.DA 2/23/93 klb - 11 -
(a) Processing fees and charges imposed by
City to cover the estimated actual costs to City of
processing applications for Development Approvals or for
monitoring compliance with any Development Approvals granted
or issued.
(b) Procedural regulations relating to
hearing bodies, petitions, applications, notices, findings,
records, hearings, reports, recommendation, appeals, and any
other matter of procedure.
(c) Regulations governing construction
standards and specifications including, without limitation,
the City's Building Code, Plumbing Code, Mechanical Code,
Electrical Code, Grading Code and Fire Code.
(d) Subsequent Land Use Regulations which
are not in conflict with the Project.
15.2 Subsequent Development APPrOvals. This
Agreement shall not prevent City, in acting on Subsequent
Development Approvals from applying Subsequent Land Use
Regulations, even if they conflict with the Existing Land Use
Regulations, Existing Development Approvals or the Development
Plan. Further, this Agreement shall not prevent City from denying
or conditionally approving any Subsequent Development Approval on
the basis of the Existing or Subsequent Land Use Regulations.
15.3 Modification or Suspension by State or
Federal Law. In the event that State or Federal laws or
regulations enacted after the Effective Date of this Agreement
prevent or preclude compliance with one or more of the provisions
of this Agreement, such provisions of this Agreement shall be
modified or suspended as may be necessary to comply with such
State or Federal laws or regulations, provided, however, that
this Agreement shall remain in full force and effect to the
extent it is not inconsistent with such laws or regulations and
to the extent such laws or regulations do not render such
remaining provisions impractical to enforce.
15.4 Regulation by Other Public Aqencies. It is
acknowledged by the parties that other public agencies not within
the control of City possess authority to regulate aspects of the
development of the Property separately from or jointly with City
and this Agreement does not limit the authority of such other
public agencies.
15.5 Vesting Tentative Maps. If any tentative or
final subdivision map, or tentative or final parcel map,
heretofore or hereafter approved in connection with development
of the Property, is a vesting map under the Subdivision Map Act
(Government Code Section 66410, et seo.} and Riverside County
Ordinance No. 460, as the same 'was incorporated by reference into
the TemeculaMunicipal Code by Ordinance NO. 90-04, and if th~s
Agreement is determined by a final judgment to be invalid or
unenforceable insofar as it grants a vested right to develop to
the Owner, then and to that extent the rights, obligations, and
protections afforded the Owner and City respectively, under the
laws and ordinances applicable to vesting maps shall supersede
the provisions of this Agreement. Except as set forth
immediately above, development of the Property shall occur only
as provided in this Agreement, and the provisions in this
R:\S~STAFFRFr~/NF~,LD.DA 2/23/93 Hb - 12 -
Agreement shall be controlling over any conflicting provision of
law or ordinance concerning vesting maps.
16. Development of the Property.
16.1 Proiect. The Property shall be developed
with the following uses, and only the following uses:
(a) Senior Citizen Housing Development on
Parcel 2 of Parcel Map 27314, up to 20 dwelling units per
net acre with a target density of 10 dwelling units per
acre;
(b) Nine (9) hole private golf course for
the sole use of private residents on Parcel 2 of Parcel Map
27314;
(c) Senior's Con=nunity Center with a minimum
of 3,500 square feet on Parcel i of the Parcel Map 27314;
(d) Congregate Care Facility on Parcel 3 of
Parcel Map 27314; and
(e) Skilled Nursing and Personal Care
Facilities on Parcel 4 of Parcel Map 27314.
No change, modification, revision or alteration of
these uses or of the Project may be made without the prior
amendment of this Agreement.
16.2 Rights to Develop. The permitted uses of the
Property, the density and intensity of use, the maximum height
and size of proposed buildings, and provisions for reservation
and dedication of land for public purposes shall be those set
forth in Section 16.1 and the Development Plan. The Project
shall remain subject to all Subsequent Development Approvals
required to complete the Project as contemplated by the
Development Plan.
16.3 ChanGes and Amendments. Notwithstanding
Section 16.1, the parties acknowledge that refinement and further
development of the Project will require Subsequent Development
Approvals and may demonstrate that changes are appropriate and
mutually desirable in the Project. In the event the Owner finds
that a change in the Project is necessary or appropriate, the
Owner shall apply for a Subsequent Development Approval to
effectuate such change and City shall process and act on such
application in accordance with the Subsequent Land Use
Regulations. If approved, any such change in the Project shall
be incorporated herein as an addendum to this Agreement and may
be further changed from time to time as provided in this Section.
Unless otherwise required by law, as determined in City's
reasonable discretion, a change to the Project shall be deemed
"minor" and not require an amendment to this Agreement provided'
such change does not:
(a) Alter the permitted uses of the Proiect
as a whole; or,
(b) Increase the density or intensity of use
of the Project as a whole; or,
(c) Increase the maximum height and size of'
permitted buildings; or,
(d) Delete a requirement for the reservation
or dedication of land for public purposes within the Project
as a whole; or,
R:\S\STAFFRPT~L~fF~LD.DA 2r23~3 k~ - 13 =
(e) Constitute a project requiring a
Subsequent or Supplemental Environmental Impact Report
pursuant to Section 21166 of the Public Resources COde.
17. Periodic Review of Compliance with Aareement.
(a) Pursuant to City Resolution No. 91-52, as it
may be subsequently amended, City shall review this Agreement at
least once during every twelve (12) month period from the date
this Agreement is executed. The Owner or successor shall
reimburse City for the actual and necessary costs of this review.
(b) During each periodic review by City, the
Owner is required to.demonstrate good faith compliance with the
terms of the Agreement. The Owner agrees to furnish such
evidence of good faith compliance as City in the exercise of its
discretion may require.
18. Amendment or Cancellation of Aareement. This
Agreement may be amended or canceled in whole or in part only by
mutual consent of the parties and in the manner provided for in
Government Code Sections 65868, 65867.and 65867.5. If the
Amendment is requested by the Own'er or 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 necessary costs of reviewing and processing
said Amendment.
19. Breach of Agreement.
(a) The City reserves the right to terminate this
Agreement in the event of a material breach of any of its
material terms or any material term of any applicable federal,
state or local statute or regulation, which breach is not cured
following written notice and a reasonable opportunity to cure.
In finding such a breach:
(i) City does not waive any claim of defect
in performance by Owner implied if on periodic review the City
does not propose to modify or terminate the Agreement.
(ii) Non-performance shall not be excused
because of a failure of a third person; and
(iii} Non-performance shall be excused only
when it is prevented or delayed by acts of God or an emergency
declared by the Governor.
(b) The notice to cure period shall be thirty
(30) days (except in cases of emergency where a shorter time may
be prescribed consistent with the nature of the emergency).
Where thirty (30) days is insufficient time for the Owner to cure
the notified breach, Owner shall be deemed in compliance with the
provisions if, within that thirty-day time period Owner begins
good faith efforts to cure such breach and shall present a
specific and reasonable timetable to the City for the cure of the
notified breach. If the breach is not cured within such time
period or within such additional time period specified in such
notice, the Planning Director shall cause to be noticed a public
hearing before the City Council.
(c) The Council shall hold a public hearing, upon
ten (10) days written notice duly given to Owner and published
notice provided to the public. Owner may appear at the public'
hearing before the Council and present information, orally or in
R:\S\STAFFRPI~I3NPIBLD.DA 2/23/93 kl~ - 14 -
documented form, that it deems relevant and appropriate to the
Council's deliberations. Based on the evidence presented at the
public hearing, the Council shall determine by resolution whether
the Agreement should be terminated. Nothing herein is intended
to limit Council's right to make other determinations which are
reasonably related to the Agreement.
(d) The City Council shall cause Owner to receive
written notice Of any action taken following the public hearing.
(e) Within not less than thirty (30) days of
receiving notice of the City Council's action, Owner shall be
entitled to initiate an action in state court to seek judicial
review pursuant to California Code of Civil Procedure Section
1094.5. In the event Owner initiates such a review, the
Council's determination shall be stayed pending a final order of
the court.
(f) Upon a finding of material breach of this
Agreement, and the failure of Owner to successfully challenge the
same in a court of law, City may not only terminate this
Agreement, but also shall amend the land use designation of the
Property to Institutional or Low-Medium Density Residential, and
amend the zoning to Single Family Residential (R-l}; Owner
further agrees to such amendments.
(g} All other remedies at law or in equity which
are not otherwise provided for in the Agreement or in City's
regulations governing development agreements are available to the
parties to pursue in the event there is a breach.
20. Damages Upon Termination. It is acknowledged by
the parties that City would not have entered into this Agreement
if it were to be liable in damages under or with respect to this
Agreement or the application thereof.
In general, each of the parties hereto may pursue
any remedy at law or equity available for the breach of any
provision of this Agreement, except that City, and its officers,
employees and agents, shall not be liable in damages to Owner or
to any assignee, transferee of Owner, or any other person, and
Owner covenants not to sue for or claim any damages for breach of
that Agreement by City.
21. Attorneys' Fees and Costs. Iflegal action by
either party is brought because of breach of this Agreement or to
enforce a provision of this Agreement, the prevailing party is
entitled to reasonable attorneys fees and court costs.
22. Notices. All notices required or provided for
under this Agreement shall be in writing and delivered in person
or sent by certified mail, postage prepaid. Notice required to
be given to City shall be addressed as follows:
To City:
City Clerk
City of Temecula
43172 Business Park Drive
Temecula, CA 92390
R:\S~STA~PIELD.DA 2/23/93 ILIb ' 15 -
Notices required to be given to Owner shall be addressed as
follows:
To Owner:
A party ma~ change the address by giving notice in writing to~the
other party and thereafter notices shall be addressed and
transmitted to the new address.
23. Rules of Construction and Miscellaneous Terms.
(a) The singular includes the plural; the
masculine gender includes the feminine; "shall" is mandatory,
"may" iS permissive.
(b) If a part of this Agreement is held to be
invalid, the reminder of the Agreement is not affected.
(c) If there is more than one signer of this
Agreement their obligations are joint and several.
(d) The time limits set forth in this Agreement
may be extended by mutual written consent of the parties in
accordance with the procedures for adoption of the Agreement.
(e) This Agreement is made and entered into for
the sole protection and benefit of the parties and their
successors and assigns. No other person, including but not
limited to third party beneficiaries, shall have any right of
action based upon any provision of this Agreement.
(f) This Agreement may be executed by the parties
in counterparts, each of which so fully executed counterpart
shall be deemed an original irrespective of the date of
execution.
24. Counterparts. This Agreement may be executed in
any number of counterparts, each of which shall be deemed an
original, but all of which when taken together shall constitute
one and the same instrument.
IN WITNESS WHEREOF this Agreement has been executed by
the parties on the day and year first above written.
"CITY"
Attest:
By :'
MAYOR
City Clerk
R:\S\STAFFRPT~LM~,LD.DA 2/23/93 klb - 16 -
Approved as to form:
City Attorney
"OWNER"
By:
Name:
Title:
By:
Name:
Title:
Notary
[ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC.
EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE
OFFICERS.]
R:\S\STAFFP~L~FFIBLD.DA 2/23/93 kib - 17 -
EXHIBIT ~A~
DESCRIPTION OF THE PROPERTY
BEING A PORTION OF THE RANCH0 TEMECULA, AS GRANTED BY U.S. GOV'T
TO LUIS VIGNES BY PATENT DATED 1-18-1860, AS SHOWN BY LIBER 1
PAGE 37, REC'S OF SAN DIEGO CO., AN PARCELS 1,2,3 OF P.M. 83/97-
100 REC'S RIVERSIDE CO.. LOCATED IN THE CITY OF TEMECULA,
CALIFORNIA.
R:\S~TAFFRFr~qFHELD.DA 2/23/93 k~ = 18 -
EXHIBIT "B"
EXISTING DEVELOPMENT APPROVALS
Tentative Parcel Map No. 27314
Change o~ Zone No. 21
EXHIBIT
DEVELOPMENT SCHEDULE
Within five (5) years of the effective date of this
Development Agreement, Owner shall have substantially
begun construction of each of the following uses:
Twenty (20) dwelling units of the Senior Citizen
Housing Development, and
The Congregate Care Facility, Skilled Nursing
Facility, or Personal Care Facility
"Substantially begun construction" shall mean obtaining
a building permit and having an approved and inspected
foundation.
Prior to the issuance of the certificate of occupancy
for the first unit of the multi-family senior housing
complex, Owner shall have constructed and obtained a
certificate of occupancy for the Senior Citizen Center,
and shall have completed the Golf Course.
"Completed the Golf Course" shall mean construction and
completion of all structures, six months growth of the
grass and certification of the course by a Licensed
LandScape Architect.
Within five (5) years of the effective date of this
Development Agreement, Owner shall have recorded Parcel
Map 27314 and have obtained all Subsequent Development
Approvals for the Senior Citizen Housing Development,
the Congregate Care Facility, the Skilled Nursing
Facility, the Personal Care Facility, and the Golf
Course.
Within the term of this Development Agreement, Owner
shall have obtained certificates of occupancy for all
buildings identified in the Subsequent Development
Approvals.
R:\S\STAFFRP1~L~F~,LD.DA 2J23/93 ~/b - 2 0 -
EXHIBIT ~D"
PUBLIC FACILITY FEE AGREEMENT
R:\S\STAFFP, FT~LINFIBLD.DA 2/23/93 klb - 2 1 -
Recording requested by, and
When recorded mail to:
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
Attn: city Clerk
AGREEMENT FOR PAYMENT OF PUBLIC FACILITY FEE
This Agreement is made this day of
by and between the City of Temecula ("City") and
("Developer").
RECITALS
A. Developer is the owner of real property (the
"Property") in the City of Temecula described as follows:
Exhibit A,
reference
pursuant to
attached hereto and incorporated herein by
Developer proposes to develop the Property
(the "Project" ) .
Recording of this Agreement is fee exempt pursuant to Government
Code Section 6103 as it is recorded for the benefit of the City of
Temecula, a public agency.
-1-
C. City has determined that the Project will impact
traffic and the demand for other public facilities within the
City as identified in the t~.~v:u=~] for
the Project. These impacts must be mitigated by payment of a fee
for additional road and public facility cons%ruction, which fee
shall be identified as set forth hereinafter.
D. The City proposes to impose a public facility fee
upon new developments within the City in order to construct
additional public facility improvements to serve and benefit new
developments, including the Project. These fees shall be. known
as the "Temecula City-wide Public Facility Fee Program" or
"Public Facility Fee."
E. Condition No. of the Project requires that
Developer execute this Agreement prior to issuance of a building
permit or conditional use permit, or recordation of the final
map, as provided specifically in the conditions of approval.
F~ In order for Developer to proceed without full
payment of the Public Facility Fee in a timely manner, City and
Developer have determined to enter into this Agreement.
G. The term "public facility" shall refer to public
and municipal infrastructure, such as roads, highways, flood
control facilities, city hall, police stations, community.
centers, theaters, parks and similar public infrastructure.
NOW, THEREFORE, the parties hereto agree as follows:
1. Public Facility Fee:
(a) The City Council will establish the amount of
the Public Facility Fee at some time in the future. The Fee will
be based upon the square footage Of each development, the vehicle
trips generated by each development, or similar measure(s). The
Public Facility Fee also shall establish the specific improve-
ments to be constructed and their cost, the benefit assessment
area and the method by which the fair share, pro-rata obligations
of each property are to be established based on impact on traffic
and demand for public facilities.
(b) Developer shall pay the Public Facility Fee
on each building at such time it receives its certificate of
occupancy or final inspection, which ever occurs first.
(c) The Council also may establish an Interim
Public Facility Fee to be followed by a Final Public Facility
Fee. If only the Interim Public Facility Fee has been
established at the time the Developer seeks issuance of its
certificate of occupancy or final inspection, whichever occurs
first, then Developer shall pay the Interim Fee prior to issuance
of the certificate of occupancy or final inspection, whichever
occurs first. Later, when the Final Public Facility Fee is
established, the Developer will be reimbursed for any difference
between the Interim and Final Fee if the Interim Fee exceeds the
Final Fee, and shall pay the shortfall if the Final Fee exceeds
the Interim Fee.
(d) If the certificate of occupancy Or final
inspection occurs prior to the establishment of the Interim or
Final Public Facility Fee, then the Developer shall pay a deposit
of Two Dollars ($2.00) per square foot, not to exceed Ten
Thousand Dollars '($10,000) prior to theissuance of the
certificate of occupancy or final inspection. The deposit shall
be a credit against the Interim or Final Public Facility Fee. A
letter of credit or certificate of deposit may be provided in
lieu of the deposit.
(e) If either the Final or Interim Public
Facility Fee is established after the issuance of the certificate
of occupancy or final inspection, the Developer shall pay the
Interim or Final Public Facility Fee ten (10) days after
receiving notice from the City that it has been established.
(f) Notwithstanding the above, Developer shall
provide City with written notification of the opening of any
escrow for the sale of the Project and shall provide in the
escrow instructions that if the Interim or Final Public Facility
Fee has been established, the Fee shall be paid to the City from
the sale proceeds in escrow prior to distributing the proceeds to
Developer/seller.
(g) City shall record a release of this Agreement
upon payment of all Public Facility Fees owing and shall provide
Developer with a copy of such release.
2. Use of Public Facility Fee:
The Public Facility Fee collected pursuant to this
Agreement shall be used only to construct City-wide traffic and
public facility improvements, which improvements are deemed to be
of benefit to Project~ and for expenses incidental thereto.
There is a reasonable relationship between the Project and the
Public Facility Fee in that the Project will impact traffic and
existing public facilities, and 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 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,.~raffic flow, trip generation factors and such other
is reasonably necessary to establish the Public
information as
Facility Fee.
4.
Security for Public Facility Fee:
(a) If the Interim or Final Public Facility Fee
has been established prior to issuance of a building permit or
other entitlement described in Recital E, then, concurrent with
slI/l17333.AGR(10/30/91)
the execution of this Agreement, Developer shall provide an
irrevocable letter of credit or other form of security approved
by City, in a form approved by the City Attorney, in an amount
equal tO the total Public Facility Fee for the Project. The
amount of security may be increased upon City's request should
there be an increase in the amount of the Public Facility Fee.
The amount of security also may be reduced upon Developer's
payment of Public Facility Fees outstanding. However, except for
the deposit provided for in Section 1, no letter of credit is
required if neither the Interim or Final Public Facility Fee has
not been established as of the date of execution of this
Agreement.
(b) As an alternative to collecting the fee from
the letter of credit, if the D~veloper fails to pay the 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
Public Facility Fee due. The Developer agrees that if legal
action by the City is necessary to collect the Fee the Developer
agrees to pay the City a reasonable sum as attorney's fees and
court costs, together with penalty and interest determined
according to Paragraph 4(b) of this Agreement.
5. A~reement Runs With Land:
This Agreement pertains to and runs with the
Property. This Agreement binds the successors in interest of
each of the parties.
6. Waiver:
By execution of this Agreement, Developer waives
any right to.protest the provisions of Condition No. of
the Project, this Agreement, the formation of any Public Facility
fee district, but not the nexus between any Public Facility fee
and the Project.
7. Binding AGreement:
This Agreement shall be binding upon Developer,
Developer's successors and assigns.
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
iff/II7333.AGR (lO/JO/gl)
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. Notice:
Notice shall be deemed given under this Agreement
when in writing and deposited in the United States mail, first-
class, postage prepaid, addressed as follows:
CITY: DEVELOPER:
city of Temecula
43174 Business Park Drive
Temecula, CA 92590
Attn: City Clerk
invalid,
Agreement as
Miscellaneous Provisions
(a) If any provision of this Agreement is adjudged
the remaining provisions shall not be affected.
(b) If there is more than one (1) signer of this
Developer, their obligations are joint and several.
IN WITNESS WHEREOF, the parties or their duly authorized
representatives have executed this Agreement as of the date set
out above.
CITYOF TEMECULA
DEVELOPER
By:
David S. Dixon
City Manager
By:
By:
APPROVED AS TO FORM:
By:
Scott F. Field
City Attorney
EXHIBIT hen
FEE CREDITS
Upon obtaining a certificate of occupancy Owner shall
dedicate to the City the Senior Citizen Center
described in Exhibit C. In exchange for dedication of
the Senior Citizen Center and completion of the Golf
Course, Owner shall receive a full credit against its
Quimby Fees required pursuant to Riverside County
Ordinance No. 460.
R:~S\STAFFP, PT~LINFIELD.DA 2/23/93 klb
EXHIBIT
DEED RESTRICTION
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
CITY C[ERK
CITY OF TEMECULA
43174 BUSINESS PARK DRIVE
TEMECULA, CALIFORNIA 92590
DECLARATION OF RESTRICTIONS
This DECLARATION OF RESTRICTIONS made this __ day of
1992, by (" ")
,
hereinafter referred to as "Declarant."
WHEREAS, Declarant is the owner of Parcels 1-4 of Parcel Map
No. 27314 (the "Property"); and
WHEREAS, Declarant intends to sell the above described
property, restricting it in accordance with a common plan
designed to preserve the value and residential qualities of said
land, for the benefit of its future owners.
NOW, THEREFORE, Declarant declares that said real property
shall be held, transferred, encumbered, used, sold, conveyed,
leased, and occupied, Subject to the covenants and restrictions
hereinafter set forth expressly and exclusively for the use and
benefit of said property and of each and every person or entity
who now or in the future owns any portion or portions of said
real property.
1. Land Use and BuildinqType. No person may occupy
any dwelling unit located on the Property unless he or she is at
least fifty-five (55) years of age, or otherwise qualifies for
residency pursuant to California Civil Code Section 51.3.
2. Term. These covenants are to run with the land
and shall be binding on all parties and all persons claiming
under them for a period of thirty (30) years from the date these
covenants are recorded, after which time said covenants shall be
automatically extended for successive periods of ten (10} years
unless an instrument signed by a majority of the then owners of
the lots, and the City of Temecula, has been recorded, agreeing
to change said covenants in whole or in part.
3. Enforcement. Enforcement shall be by proceedings
at law or in equity against any person or persons violating or
attempting to violate any covenant either to restrain violation
R:~SXSTAFFRFr~L~FF~,LD.DA 2/23/93 klb - 2 3 -
or to recover damages. The City of Temecula may enforce any
covenant of this Declaration.
4. Attorneys Fees. Should any party bring an action
against the other for the purpose of enforcing the terms of this
Stipulation, or for damages arising from its breach, then in such
event, the prevailing party shall b~ entitled to its reasonable
attorneys fees and costs in addition to any other award entered
by the Court.
5. Severabili~y. Invalidation of any one ofthese
covenants by judgment or court order shall in no wise affect any
of the other provisions which shall remain in full force and
effect.
IN WITNESS WHEREOF, Declarant has executed this Declaration
of restrictions the day and year first above written.
DECLARANT:
Signature
Name:
Address:
EXHIBIT
DEVELOPMENT PLAN
/
R:\S\STAFFILtYf~,INFIBLD.DA 2/23/93 LIb - 2 5 -
City o4 Temecula
Page Two
Attn: Saied Naaseh
July 1, 19~2
This certification does not constitute a guarantee that it
will supply water to such Tract Map at any specific
quantities, flows or pressures for fire protection or any
other purpose". This certification shall be signed by a
responsible official of the water company. The plans must
be submitted to The County Surveyor's Office to review at
least two weeks prior to the reOuest for the recordation of
the final ma~.
This subdivision has a statement from Rancho Cali4ornia
Water District agreeing to serve domestic water to each and
every lot in the subdivision on demand providing
satisfactory financial arrangements are completed with the
subdivider. It will be necessary for financial arrangements
to be made prior to the recordation of the final map.
This subdivision is within the Eastern Municipal Water
District and shall be connected to the sewers of the
District. The sewer system shall be installed according to
plans and specifications as approved by the District, the
County Surveyor and the Health Department. Permanent prints
o4 the plans o4 the sewer system shall be submitted in
triplicate, along with the original drawing, to the County
Surveyor. The prints shall show the internal pipe diameter,
specifications and the size o4 the sewers at the junction of
the new system to the existing system. A single plat
indicating location of sewer lines and water lines shall be
a portion o4 the sewage plans and profiles.
The plans shall be signed by aregistered engineer and the
sewer district with the following certification: "I certify
that the design o4 the sewer system in Tract Map No. 27~14
is in accordance with the sewer system expansion plans of
the Eastern Municipal Water District and that the waste
disposal system is adequate at this time to treat the
anticipated wastes from the proposed Tract Map."
City of Temecula
Page Three
Attn: Saied Naaseh
July 1, 1992
The 01ans must be submitted to the County Surveyor's Office
to revie~ at least t~o ~eeks prior tO the request for the
recordation of the final maD.
It will be necessary for financial arrangements to be
completely finalized prior to recordation of the final map.
It will b~ necessary for the annexation proceedings to be
completely finalized prior to the recordation of the final
map.
Sincerely,
.H.S. IV
Department of Environmental
Health
SM:dr
RIVERSmE COUNTY
FIRE DEPARTMENT
210 ~ SAN JACXNTO AVENUE · PERRIS, C..ALI~ORN1A 92370
C/14) 657-3183
GLEN J. NEW'MAN
FIRE' CHIEF
MAY 4,.
TO; CITY OF TEMECULA
ATTEN; PLANNING DEPARTMENT
RE: TENTATIVE TRACT 27514
CHANGE OF ZONE NO. 21
AMENDED No. l
With respect to the review and/or approval of the above refer-
enced project, the Fire Department has no comments or conditions
regarding the tract map and will address all necessary Fire
Protection measures when the plot plan or project developement
plan is reviewed.
All questions regarding the meaning of conditions shall be re-
ferred to the Planning and Engineering Staff.
RAYMOND H. REGIS
Chief Fire Department Planner
by ~'/~>
Michael E. GraY,
Fire Captain Specialist
F, INDIO OFFICE
79-733 C.~unn~Club l~i~.Sui~F. lndi~ CA 92201
(619) 342-~8~6 · FAX (619) 775-2072
PLANNING DM~ION
3760 12th Sm~ Rivmid~ CA 92501
(714) 275-4777 · FAX (714) 3(~7451
I'IT]D~IF~"ULAOfflCE
41002C. AumCaw~D~i,~.,Suitc225, TmumI CA 92390
(714) 694-5070 · FAX (714) 694-5076
RECEIVED
Narch 12, lgg2 · ...,< ). ~ 1992
(Date)
Riverside County Health Department
c/o Albert A. Webb Associates
3788 HoOray Street
R~verstde, CA 92506
Gentlemen:
Re: Availability of Sanitary Sewer Service for
Tentative Parcel Nap 273Z4
We hereby advise you relattve to the availability of sanitary sewer service
for the above referenced proposed developmmnt as follows:
The property to be occupied by the subject proposed development:
/1X7
IS PRESENTLY LOCATED within
~mprovement DIstrict No. U-8
sewer Servtce,
the boundary 1tees of this Dtstrict's
and is eltgible to receive sanitary
NUST BE ANNEXED to this Dlstrtct.'s Improvement Dtstrtct No.
following which it will be eligible to receive sanitary s~wer
service.
provided:
z)
RUST BE ZNCLUDED in a new District improvement district, asse.o-
men, distrtct or other program to be formed and implemented for
the purpose of providing san,tory sewer facilities and service
for the general area within which this proposed development is
located, following which it will be eligible to receive sanitary
sewer service,
If you have any questions or tomants
to contact this office.
The developer completes all necessary financial and other
arrangements therefore, as determined by the District, with the
District by September 1993 ;
That no LIMITING CONDITIONS exist whtch ARE BEYOND this DZSTRICT'S
CONTROL or CANNOT BE COST EFFECTIVELY and/or reasonably' satisfied
~"~t~'Dlstrtc~, which conditions may include but are not limited
to, acts of God, REGULATORY AGENCY REQUIRENENT$ or decisions,
or legal actions initiated by others;
regarding the foregoing, do not hesitate
Assistant Director of Customer Service
Mail %: P,s~ Office Fh~x ~00 · ~nJ~cinm. Cullbrni3 925Rl-H~OO · Telephone ~714~ 925-7676 . F~ ,7l.h 929~2),
Main Office: 20i~ S. ~nJudnni ~t~, ~n.lacinn} . (~st.~r ~n'ic~ ,En~in~ring Annex: ~0 E ~akland A~n~. He~t. C~
1.
/
Names and Addresses of Involved Parties:
Involvement Name
Owner of PrOperty Ltnfield School
Address
31950 Peuba Road
Temecula, CA 92590
Developer
Developer's Engineer
Albert A. Webb Assoc.
3788 HoOray ~reet
RIverside. CA q~;~R
General Location of the involved property: North side of Pauba R~ad, We--t
Brief legal description of the involved property:
Tentative Parcel Ma~ 27314
4. Number of proposed lots/parcels 4 Parcels
5. Estimated number of dwelling units (or equivalent)
6. Other pertinent information
Zoned Senior Citizen. Convalescent
7. Small scale map of the subject proposed development
Area 96.7 ~n acres)
Kucho
Water
May 7, 1992
Mr. Saied Na~neh
City of Teme~la
Planning Department
431~0 Business Park Drive
Temecula, CA 92390
Water Availab~ity
Tcntativ~ Tract Map 27314
Change of Zone 21
Dear Mr. Naaseh:
Please be advised that the above-referenced property B located within the
boundaries of Rancho California Water District (RCWD). Water service,
therefore, would be available upon completion of financial arrangements
between RCWD and the property owner.
Water availability would be contingent upon the property owner signing an
Agency Agreement which assigns water management rights, if any, to RCWD.
If you have any questions, please contact Ms. Senga Doheny.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
Steve Brannon, P. E.
Manager of Development Engineering
$B:aj162/F186
cc: Senga Doherty, Engineering Technician
H,',R 0 c, 1~92
ff7'A
RIV.ERSIDE TRANSIT AGENCY
1825 THIRD STRET · RIVERSIDE. CA 92507-3484 · BUS, [714) 684.0850 FAX (714) 684-1007
March 2, 1992
Saled Naaseh
City of Ternecula
Planning Department
43174 Business Park Drive
Temecula, CA 92590
RE: 'I'F 27314
Dear Saled:
We do not currently provide Service to the site mentioned above but based on the size of the
project and our own plans for future growth, we are requesting that a bus turnout or a pad for a bus
stop be incorporated into the general design.
Ideal site for the bus turnout would be on northside corner of Pauhe Road adjacent to Pamel 3 just
before main entrance to the senior citizen housing.
If possible, we would also like to request that pedestdan walkways and wheelchair curb be
provided near the turnout location specified above. I can indicate the exact location for the
turnout as the project progresses.
Thank you for the opportunity to review and curemere on this project. Your efforts to keep us
updated on the status of this request will be very much appreciated. Please let us know when this
project will be completed.
Should you require additional information or specifications, please don"l hesitate to contact me.
Sincerely,
Barbara A. Bray
Transit Planner
BB/jsc
PDEV #151
TO:
FROM:
DATE:
REFERENCE:
SA~-n NAASI~Iq
S]~AW'N NELSON ~
DIP, FX2TOR OF CO~ S~
AUGUST 12, 1992
~A~ ~ NO. 27314, ~~ NO.2
The Temecula Community Services District CTCSD) staff has reviewed the conditions as
set forth in the City of Temecula Conditions of Approval and recommends APPROVAL
of Tentative Tract M~p No. 27314, Amendment No. 2, subject to the developer or his
assignee conforming to the TCSD Quimby Ordinance No.' 460.93 as attached.
All questions regarding the meaning of the attached conditions shall be refen~ to the
TCSD.
cc: Gary King
Beryl Yasinosky
Debbie LVonoske
TEMECULA COMMUNITY SERVICES DISTRICT
Prior to the recordation of the final map, the applicant or his assignee, shall offer for dedication
2.3 acres of parEand and execute a Letter of Agreement with the TCSD, to construct a Senior
Center Facility and required parking in accordance with City Standards and the Development
Agreement.
All proposed slopes, open space, and parkland intended for dedication to the TCSD for
maintenance purposes shall be identified on the final map by numbered lots and indexed to
identify said lot numbers as a proposul TCSD maintenance areas.
Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66'
or greater), shall be offered for dedication to the TCSD for maintenance purposes 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).
ATTA~ NO. 4
E]c~rmUrS
s~Am~,,r~m,4'rm.~c ~ 35
CITY OF TEMECULA
V"IC. INITY' M~,i
CASE NO.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map
No. 27314, Amendment No. 2
EXHIBIT: A VICINITY MAP
P.C. DATE: August 3, 1992
S~VAP - Exhibit B
CITY OF TEMECULA
,/
~E MEADOW5
' SP 213/' ~ 't
Designation: 1 Acre Minimum Residential
:SITE
ZONING - Exhibit C Designation: R-R
Case No.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314,
Amendment No. 2
P.C. Date: August 3, 1992
CITY OF TEMECULA
CASE NO.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map
No. 27314, Amendment No. 2
EXIHRIT: D CONCEPTUAL SITE PLAN
P.C. DATE: August 3, 1992
CITY OF TEMECULA
m
GENERAL NOTES
~:~-=--.
CASE NO,: Devdopment Agreement No. 92-1, Change of Zone No. 21, Tentative Parch Map
No. 27314, Amendment No. 2
ExHmrr: E TENTATIVE PARCEL MAP NO. 27314, AIVIF~ND. NO. 2
P.C. DATE: August 3, 1992
CITY OF TEMECULA
CASE NO.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map
No. 27314, Amendment No. 2
Exm~rr: F CHANGE OF ZONE NO. 21
P.C. DATE: August 3, 1992
CITY OF TEMECULA
Independant Living Units
Linfield Village
CASE NO.: Devdopment Agreement No. 92-1, Change of Zone No. 21, Tentative Parcd Map
No. 27314, Amendment No. 2
'EyJ4mrr: Cl CONCEPTUAl, ELEVATIONS
P.C. DATE: .August 3, 1992
CITY OF TEMECULA
Congragate Care Facilities
Linfield Village
CASE NO.: Devdopment Agreement No. 92-1, Change of Zone No. 21, Tentative Parcd Map
No. 27314, Amendment No. 2
EXHrBIT: G2 CONCEPTUAl, ELEVATIONS
P.C. DATE: August 3, 1992
CITY OF TEMECULA
Independant Living Units
Linfield Village
CASE NO.: Devdopment Agreement No. ~2-1, Change of Zone No. 21, Tentative Parcel Map
No. 27314, Amendment No. 2
EX/HRIT: G3 CONCEPTUAL ELEVATIONS J
P.C. DATE: August 3, 19~)2
A~FA~ NO. 5
INITIAL ENVIRONMENTAL STUDY
S~TA];?~'~314TTM.]~C qw 36
CITY OF TEMECULA
PLANNING DEPARTMENT
I~II'IAL ENVIRONMEVrAL b-l~rDy
I
H
BACKGROUND
Name of Proponent:
Address and Phone
Number of Proponent:
Linfield Christian School
31950 Pauba Road
Temecula. CA 92592
3. Date of Environmental
Assessment:
4. Agency Requiring
Assessment:
June 20. 1992
CITY OF TEM~CULA
5. Name of Proposal,
if applicable:
6. Location of Proposal:
N/A
Surrounded by Pauba Road to the south end Rancho
Vista Road to the north end 700 feet east of Mar2arita
Road
ENVIRONMENTAL IMPACTS
(Explanations of all answers are provided on attached sheets.)
Y~ Maybe No
1. I~.nrth. Will the proposal result in:
Unstable earth condkions or in
changes in geologic substructures?
X
Disruptions, displacements, compac-
tion or overcovering of the soft?
X
Substantial change in wpography
or ground su~ace relief futures?
X
The destruction, covering or modi-
fication of any unique geologic or
physical features?
X
Any substsntial increase in wind or
water erosion of mils, either on
or off site?
ChanZes in deposition.or erosion
of beach sands, or chan~es in
siitafion, deposition or erosion
which may modify ~he cb~n~el of a
river or stream or the bed of the
ocean or any bay, inlet or lake?
Exposure of people or pwpeny
to geologic h=-~rds such as earth
quakes, landslides, mudslides,
ground faillife, or Slmilaf hazards?
Air. Will the proposal result in:
Substantial air emissions or
deterioration of ambient air
quality?
The creation of objeaionable
odors?
Alteration of air movement,
moisture, or t~mperature, or any
change in climate, whether locally
or regionally?
Water. Will the proposal result in:
SubstantialChanges in currents, or
the course or direaion of water
movements, in either marine or
fresh waters?
Substantial changes in absorption
rates, drainage patterns, or the
rate and mount of surface runoff?.
Alterations to the course or flow
of flood waters?
Change in the amount of surface
water in any water body?
Ye~ Maybe No
X
X
swr^mumm~4rr~.~c ,~ 38
Discharge into surface waxen, or
in any alteration of surface water
quality, including, but not limited
to, t~mp~ramr~, dissolved oxygen
or mrbidity?
Alteration of the direction or rate
of flow of ground waters?
Change in the quantity of ground
waters, eilher through direct addi-
tions or withdrawals, or through
interception of an aquifer by cuts
or excavations?
Substantial reduction in the amount
of water otherwise available for
public water supplies?
Exposure of people or property to
water related bnT~rds such as flood-
ing or tidal waves?
Plant Life. W~l the proposal result in:
Change in the diversity of species,
or number of any native species of
plants (including trees, shrubs,
grass, crops, and aquatic plants)?
Reduction of the numbers of any
unique, rare, or endangered species
of plants?
Introduction of new species of
plants inw an area of native
vegetation, or in a barrier to the
normal replenishment of existing
species?
Substantial reduction in acreage
of any agricultural crop?
Y~S Maybe No
X
X
X
X
3~TAFFRF'/"~'~I4TrM-PC vlw 39
10.
Animal Life. Will the proposal result
Change in the diversity of species,
or numbers of any specie~ of ~s
(birds, land anlmals including rep-
tiles, fish and shellfish, benthie
organisms or insets)?
bs
Reduction of the humben of any
unique, rare or endangered specie~
of animals?
Demrioration to existing fish or
wildlife habitat?,
Noise. Will the proposal result in:
a. Increases in existing noise levels?
Exposure of people to severe noise
levels?
Light and Glare. Will the proposal
produce substantial new light or glare?
Land Use. Will the proposal result in a
substantial alteration of the present or
planned lend use of an area?
Natural Resourtes. Will the proposal
result in:
Substantial increase in the rate of
use of any natural resources?
Substantial depletion of any non-
renewable natural resource?
Risk of Upset. Will the proposal
involve:
A risk of an explosion or the release
of hazardous substances (including,
but not limited to, oil, pesticides,
chemicals or radiation) in the event
of an accident or upset conditions?
Yes Maybe No
X
X
ll.
12.
13.
14.
Possible interforence with an emerg-
ency response plan or an emergency
evacuation plan?
Population. Will the proposal alter
the location, distribution, density, or
growth rate of the hum~m population of
an area?
Housing. Will the proposal affea
existing housing or create a demand for
additional housing?.
Transportation/Circulation. Will the
proposal result in:
Generation of substantial additional
vehicular movemere?
Effects on existing parking facili-
ties, or demand for new parking?
Substantial impact upon existing
transportation systems?
Alterations to present patterns of
circulation or movement of people
and/or goods?
Alterations to waterborne, rail or
air traffic?
Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
Public Services. Will the proposal have
substantial effect upon, or result in a
need for new or altered governmental
services in any of the following areas:
a. Fire proteaion?
b. Police protection?
c. Schools?
d. Parks or other recreational
facilities?
Yes Maybe N__~o
X
X
X
X
X
X
X
15.
16.
17..
18.
Maintenance of public facilities,
including roads?
f. Other governmental services:
F. nergy. Will file'proposal result in:
Use of substantial mounts of fuel
or energy?.
Substantial increase in demnnd
upon existing sources of enagy,
or require file development of new
sources of energy?
Utilities. Will file proposal result in
a need for now systems, or subsUmtial
alterations to file following utilities:
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
Human Health. Will the proposal
result in:
Creation of any health hazard or
potential health hazard (excluding
mental health)?
by
Exposure of people to potential
health hazards?
Aesthetics. Will the proposal result
in file obsU'uaion of any scenic vista
or view open Io the public, or will the
proposal result in the creation of an
aesthetically offensive site open to
public view?
Y~ Maybe No
X
X
_ _ X
X
S~'TAFFRIsT~TII4'I*rM.PC qw 42
19.
21.
Recreation. Will the proposal result in
an impact upon the quality or quantity
of existing recreational opportunities?
Cultural Resources.
Will the proposal result in the
alteration of or the desu'uction
of a prehisWric or hiswric
archaeological site?
Will the proposal result in adverse
physical or ae~hetic effects to a
prehiswric or hisWric building,
structure~ or object?.
Cs
Does the proposal have the potential
to cause a physical change which
would affect unique ethnic cultural
values?
Will the proposal restrict existing
religious or sacred uses within the
potential impact area?
Mandatory F'mdings of Significance.
Does the project have the potential
to degrade the quality of the
environment, substantially reduce
the habitat of a fish or wildlife
species, cause afish or wildlife
population to drop below self
sustaining levels, threaten to
eliminate a plant or animal or
eliminate important examples of
the major periods of California
hisWry or prehiswry?
Does the project have the potential
to achieve short-term, to the
disadvantage of long-ten, environ-
mental goals? (A short-term
impact on the environment is one
which occurs in a relatively brief,
definitive period of time while long-
term impacts will endure well into
the future.)
Yes Maybe N._~o
X
_ _ X
Sk~rAFFRI~'~"?~I4'FYI~'I~C vlw 43
Does the project have impacts which
are individually limited, but cumu-
latively considerable? (A project's
impact on two or more separate
resources may be relatively sinsit,
bu~ where the effect of the wtal of
those impacts on the environment
is significant.)
Does the projea have environmental
effects which will cause substan-
tial adverse effects on human beings,
either directly or indirectly?.
Yes Maybe No
X
S~TAFI~-FI'~"~I4Tr~d.lsC ~ 44
HI DL~C'U$~ION OF -x'aE ENVIRONMENTAL EVALUATION
Earth
1.a.
1.b.
1 .c.d.
1.e.
1.f.
1.g.
Air
2.b.
No. The proposed projea is not anticipated to cause changes in geologic substructures
and create unstable earth eondi~om. Since this appwval does not provide enti~ements
for structures, no mitigation measures are necessary at this point. However, the Public
Works DeparUnent is responsible for implementation of necessary mitigation measures
prior to issuance of grading permits to insure stable earth conditions for the project.
Yes. The appwval of this pwjea will not cause disruptions, displacements, compaction
or overcovering of the soil. The ultimate development of this site will eventually cause
these conditions. However, these enaditions will not cause a substantial impact on the
environment as no substantial changes in topography are necessary.
No. The project site does not col}rain unique geologic or physical feamras as determined
by a site inspection. Therefore, no substamial changes in topography or Found surface
relief features will result. There is no substantial environmental impact.
Maybe. The ultimate buildout of the project my result in wind and water erosion of
soils as a result of grading. However, standard mitigation measures during the grading
stage including watering the disturbed areas to prevent dust and proper erosion control
during and after the grading will reduce the impacts to a level of insignificance.
No. The site drainage for this projea will be chnnneled through existing improvements
and the runoff from this project is not anticipated to cause any offsite erosion. No
significant impacts are anticipaU~l.
No. The project site is not located in an earthquake, landslide, mudslide, ground failure
hazard zones as determined in the Southwest Area Plan (SWAP). No significant impacts
are enticipated.
No. The construction equipment associated with the consauction of the project and the
traffic generated by the ultimate residents and user's of the project are the major
contributors to air emi~sious. However, these impacts ere not considered significant
since the construction is for a limited time only and the traffic generated from a senior
housing project is not significant.
No. Objectionable odors are usually associated with commercial and industrial uses.
Since this project is exclusively residential in nature there are no significant impam.
s~rAram~Ts~4rm.~c ,~ 45
2.c~
Water
3.b.
3.c.
3.d.
3.e.
3.f.
3.g.
3.h.
3.i.
No. Due to the size of the project site and its location within the South Coast Air Basin,
the alteration of air movements, moisture or temperature, or any change in climate would
not occur in conjunction with the ultimate development of the proposed project. No
significant impacts are anticipated.
No. The ultimste developmentof the proposed project will not result in increased storm
water flows in any marine or fresh waters. No significant impacts are anticipated.
Yes. By covering the project site with concrete, asphalt and landscaping, the absorption
rate of the site n~der existing conditions would be reduced and the mount of surface
runoff would be increased. The existing 120 inch storm drain is sufficient to carry this
runoff; therefore, no significant impa~ls are anticipated.
Maybe. The ultims~ buildout of the projea will result in construction of dwelling units
in the flood plain. The pads for these dwellings will be elevated above the flood plain.
No significant impacts are anticipated to the course or flow of flood waters.
No. The construction of impervious surfaces on the project site will.not substantially
alter the existing drainage panems nor proposed drain~Se panems because of the size and
location of the project. No significant impacts are anticipated.
No. Stormwater runoff and possibly irrigation runoff from the proposed projea would
ultimately flow inW the Santa Margarita River. Runoff pollutants will be typical of those
of urbanized areas, including motor oil, pesticides, herbicicles and fertilizers. This
impact will be mitigated by the clearance issued by the State Water Resources Control
Board. This clearance will insure compliance with the National Pollntant Discharge
Elimination System (NPDES). No significant impacts are anticipated.
No. The runoff from the project is conveyed to Murrieta and Temecula Creeks which
flow into the Santa Margarita River. Both Murrieta and Temecula Creeks and the Santa
Margarita River recharge the ground water in the Murrieta-Temecula basin. The runoff
from this project is not anticipated to change the direction or rate of flow of ground
waters. No significant impacts are anticipated.
No. The project site is within Rancho Water District and will not draw from the ground
water for their everyday use. Therefore, no significant impacts are anticipated.
No. Rancho Water District has indicated the availability of water to serve this project.
Therefore, there is no potential for substantial reduction in the availability of water. No.
significant impacts are anticipated.
Maybe. A portion of the projea site is within the flood plain. However, the project will
be conditioned to construct the dwelling units above the flood plain limit per the FEMA
standards which will mitigate any impacts to people and property from water related
hazards such as flooding. No significant impacts are anticipated.
S~STA~I4TTM.!~C v~w 46
Plant Life
4,b.c.
Animal Life
5.a.
5,b.
5.c.
Noise
6.a.
6.b.
Yes. The Biological Assessment prepared for the project site date, trained existence of
Non-U.5. waters w~and on the site. The project is conditioned for preserving this
wetland by requiring a fifty (50) foot easement on each side of the wetlands thereby
preserving the wetlands which will be incorpor~_t~ into the design of the golf course.
The project in general will introduce new species of plants and will eliminate the native
plants present at this time. However, none of the existing species are considered
sensitive. No algnificaut impacts are anticipated.
No. The proposed projecl will not reduce the numbers of any unique, rare, or
endangered species of plants as determined by the Biological Assessment. The project
site is not presently being used for agricultural purposes; therefore, no significant impacts
are anticipated.
Maybe. The ultimat~ development of the site my eliminate some of the native anlmaJs
on the site however, soma may survive in an urban environment. The only additions to
the animal life are expecU~l to be honschold pets. The impact of this development is not
considered significant for this category.
No. The biological study recommended a focused K-Rat survey which identified no
Steven's Kangaroo Rats on the site. No other sensitive or endangered species were
identified on the site by the biological study. Therefore, no significant impacts are
anticipated.
No. Since there is no significant habitat for any sensitive species other than the wetland
there is no significant impact. The wetlands will be protected by two fifty (50) foot
easements and will be incorporated into the design of the golf course.
No. The ultimate development of the site will not significantly increase the existing noise.
levels. The short term impacts are associated with the construction of the project and the
long term impacts will mos~y result from the l~affic generated by this project. Due to
the size and location of this project these impacts are not considered significant.
Maybe. The proposed project abuts an existing high school stadium. The noise
generated from this stadium is expected to impact at least a portion of the senior housing
project. Since the exact location and type of the dwelling units is not known at this time,
a detailed noise study will be required to mitigate the impacts of the stadium noise on this
project. The mitigation measures may include building orientation, design features,
landscaping, etc. No significant impacts are anticipated.
SxS'TAFFR'FT~7314Tr]VLPC vlw 47
Light and Glare
No. The project will not result in a significant increase in the light and. glare of the area.
Furdaermore, the projea will be conditioned to comply with Mr. Palomar lighting
requirements. All lights will be condi~oned to be directed on site, therefore, reducing
the impact on the neighboring properties to a level of insignificance.
The light and glare produced from the high school stadium will impact this project which
has been conditioned to deal with this impact. The conditions will be enforced at the plot
plan stage and include building orientation, building design, setbacks, etc.
Land Use
Yes. This project includes a zone change from R-R to R-3. The R-R zoning designation
permits low density single fnmily development with mlnimllnl .5 acre lots and a variety
of commercial uses. The R-3 ZOning designation will create high density senior housing
and the supporting uses which w~l be dictated by the Development Agreement. This
change will not result in a significant impact because of the low impact nature of senior
housing.
Natural Resources
9.a.b.
No. Imple~nentation of the proposed projea would increase the rate of consumption of
both renewable and nonrenewable n~,ral resources during construction end project
operation. Natural resources consumed during couswuction would be aggregate
materials, timber, and energy resources for on-site couswuction equipment and for
trampon vehicles which would bring supplies to the site. At build out, energy resources
required during project operation would include gasoline, natural gas for heating and
cooling, elearicity for lighting, and appliances. As all of these resources are readily
available commercially, the proposed project would not have a significant impact on
natural resources.
Risk of Upset
lO.a.
No. The proposed projea is residential in nature and it is not expected to house any
material with the potential for an explosion or the release of hazardous substance. The
gasoline in the ~nnh of the residents' and the visitors' cars and the pesticides used for
maintenance of the landscaping are not expected to ereate significant impacts.
10.b.
No. The proposed project will be reviewed by the Fire Department at the Plot Han
stage; therefore, ell response time and emergency vehicle tumarounds will be examined
at that stage. No significant impacts are anticipated.
3~TA~I41'rM.FC v~w 48
Population
ll.a.
No. The ultimate build out of the project will increase the senior citizen population in
the project vicinity. This increase could be in the form of out of town residents moving
inw the city, relocation of Temecula residents in the area or a combination of the two.
This impact is not expeaed to be significant.
Housin~
12.
Yes. This project will have a positive impact on the housing in the region since it will
provide additional housing for senior citizens, No negative significant impact is
anticipated.
Transportation/Circulation
13.a.c.
Maybe. The project will generate approximately 1,610 daily vehicle trips, 130 of which
are expected W occur during the evening peak hour. According w the traffic study, the
major intersections impacted by this project will operate at Level of Service C or better.
No significant impacts are anticipatad since mitigation measures have been incorporated
into the projea. These mitigation measures include improving Panba Road and Rancho
Vista Road bordering the project to their ultimate half-section widths as secondary
highways {88 feet right-of-way) in conjunction with development. A painted median with
left turn pockets will. be provided for traffic on Rancho Vista Road and on Pauba Road
desiring W turn left into the project entrances. The.project w~l be required to participate
in the future construction of off-site capital improvements through established procedures.
13.b.
No. The projea will not create additional demand on existing parking facilities since the
proper number of parking spaces will be provided for the site as required by Ordinance
No. 348. Therefore, no significant impacts are anticipated.
13.d.
No. The development of this project will not cause any alterations W present patterns of
circulation or movement of people and/or goods since the major roads are already
established in the vicinity of the project. Therefore, no significant impacts are
anticipated.
No. This project will not cause alterations wwaterborne, rail or air traffic due to the
nature ofthe project, its geo~raphic location, and local transportation system. TherefOre,
no significant impacts are anticipated.
13.f.
Maybe. Project-related traffic could create new traffic hazards to moWr vehicles,
bicyclists, and pedestrians, both on and off the project site. Points of conflict would be
created as a result of additional points of ingress and egress along Pauba Road and
Raneho Vista Road. Internal circulation panems could also result in potential hazards
to pedestrians.
Public Services
14.a.
14.b.
14.c.
14.d.
14.e,
The following measures need to be incorporated into the project design to reduce the
impacts of the project to an insignificant level:
The gate for the proposed senior housing should be setback from the Right"of-
Way to allow for proper stacking of cars behind the gate.
Vehicular and pedestrian entries to the project should be clearly identifiable to
visitors through the use of signage, hardscaping and landscaping.
Circulation within the site should be designed to minimiTe conflicts between
auWmobiles and pedestrians.
A pedestrian friendly design needs to be incorporated into the project design
providing adequate pedestrian circulation. Accent paving, crosswalks,
landscaped walkways and adeq-ate lighting should be used to identify and
walks
enhance pedestrian .
Consideration should be given to providing safe pedestrian access through
parking areas and from the public street walkways to building entrances.
No. Mitigation fee of $400.00 dollars for each unit will be collected to mitigate the
impacts of this development on Fin~ Service. The Fire Depzutm~nt will review the Plot
Plan for this project to insure adequate service. No significant impacts are anticipated.
No, The City of Temecula is contracting through the Riverside County Sheriffs
Department for law enforcement services. This contract provides for thirty-one sworn
officers and seven non-sworn officers. Additional services are provided to the City
through various divisions within the Sheriffs Department. The average response time
for priority one calls is 6.5 minutes and according to the Sheriffs Department this
response time is well within industry standards for adequate service levels. The City
rotends to maintain a ratio of 1 officer per 1,000 residents. No significant impacts are
anticipated.
No. The proposed project is an exclusively senior housing project. No school aged
children are anticipated to be generated from this project. No significant impacts are
anticipated.
No. The proposed project will include a private golf course and other active amenities.
A senior canter might also be a pan of this project which will create new activities for
the residents. No significant impacts are anticipated.
No. The projea will cause increased traffic on city streets; however, this is not
considered a significant impact (refer to No. 13).
-,
sxs'r^mu,r~s~4rru.~c ,,v, 50
14.f.
Maybe. The future project residents will be using governmental services such as
libraries; however, a $100.00 per dwelling unit mitigation fee imposed on this project
will mitigate the impact. No significant impacts are enticipated.
Energy
15.a.b.
No. The implementmion of the proposed project would ina'ease the rate of cousumption
of fuel and other energy resources. During cousmlction, consmwtion equipment would
be consuming energy resources. At buildout, energy resources would be required during
projea operation, such as gasoline, natural gas and electricity. However, the proposed
projea would not result in the use of substantial amounts of fuel or energy which. are
commercially abundant. No significant impacts are anticipated.
Utilities
16.a.b.c.
d.e.f.
No. All the utilities and services are within close proximity W the project site and will
be extended to the project site with agreemedL~ between the developer and the individual
agencies. No significant impacts are anticipated.
Human Health
17.a.b.
No. The nature of the proposed uses permitted on the project site is not such that they
would create potential health hazards. No significant impacts are anticipated.
Aesthetic~
18.
Maybe. The project will go through further review in terms of architecture and
landscaping when a Plot Plan application is fled. All aesthetics issues will be dealt with
at that stage. At that time close anention shall be given to the impacts, if any, to the
existing single family dwellings to the north of the project site and the existing schools
on the west and east of the site. No significant impacts are anticipated.
Recreation
19.
Yes. The proposed projea will include a private golf course and other active amenities.
A senior center may also be a pan of this projea which will create new activities for the
residents. These impacts are considered positive and will not cause significant negative
impacts.
Cultural Resources
20.a.b.c.d.
No. The proposed project will not have a significant impact on prehistoric or hiswric
cultural resources according to the University of California Eastern Information Center.
This conclusion was made upon completion of a Phase I study. A condition will be
imposed on the project to have a qualified archaeologist present at the time of grading
as required by the Eastern Information Center.
$~TAFFRIPI'I27~I4TTM'InC vlw 51
ENVI~O~AL Dwrg~!INATION
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant
effect on the environment, and a NEGATIVE DECLARATION will be
prepared.
I fred that although the proposed project could have a signi-
ticant effect on the environment, there w~l not be a signi-
ticant effect on this case because the mitigation measures
described on auached sheets and in the Conditions of Approval
have been added w the project.
A NEGATIVE DECLARATION WILL BE PREPARED.
I find the proposed project MAY have a significant effec~ on
the environment, and an ENVIRONMENTAL Hv!PACT REPORT is
required.
June.?.5. 1992
Da~
For CITY OF TEMECULA
sxs'rAmu. mT~14rm..c ,,F, 52
ATTA~ NO. 6
DE~ OPM]~NT AGI~!~fi~NT
53
RECORDED AT THE REQUEST OF
City Clerk
City of Temecula
WHEN RECORDED RETURN TO
City Clerk
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
RECEIVED
JUL 3 0 1992
Ans'd ............
DEVZLOPMENT AGHE~MEI~T
BETWEEN
CITY OF TEHECUL~
and
THE LINFIELD SCHOOL
'4.5
ANNEXATION AND DEVEtOP~ AGREEMENT
BETWEEN
CITY OF TEMECULA
end
THE LINFIELD SCHOOL
This Development ("Agreement") is entered into to be
effective on the date it is recorded with the Riverside County
Recorder(the **Effective Date"). by and among the City of
Temecula, a California municipal corporation ("City") and the
persons and entities listed below ("Owner"):
THE LINFIELD SCHOOL
RECITALS
A. The legislature of the State of California has
adopted California Government Code Section 65864-65869.5
("Development Agreement Legislation") which authorizes a city to
enter into a binding development agreement with persons having
legal or equitable interests in real property located within a
city's municipal boundaries for the development of such
property.
B. Pursuant and subject to the Development Agreement
Legislation, the City's police powers and City Resolution No.
91-52, city is authorized to enter into binding agreements with
persons having legal orequitable interest in real property
located within the City's municipal boundaries under which such
property may be developed in the City.
C. In lieu of obtaining approval of a Specific Plan
for the development of the Property, Owner has requested City to
consider entering into a development agreement relating to the
Property.
D. By electing to enter into this Agreement, City
shall bind future members of the City Council of City by the
obligations specified herein and further limit the future
14874.5 (7rfH92) ' 1 --
exercise of certain governmental and proprietary powers of and
members of the City Council.
E. The terms and conditions of this Agreement have
undergone extensive review by the staff of the City and the City
Council of City and have been found to be fair, just and
reasonable.
F. City finds and determines that it will be in the
best interests of its citizens and the public health, safety and
welfare will be served by entering into this Agreement.
G. All of the procedures of the California
Environmental Quality Act have been met with respect to this
Agreement.
H. City was incorporated on December 1, 1989.
Pursuant to California Government Code Sections 65360 and 65361,
the City has forty-two (42) months following incorporation to
prepare and adopt a general plan. During this 42-month period,
the City may approve development projects without being subject
to the requirement that its decisions be consistent with the
general plan so long as the findings set forth in Section 65360
and the conditions of approval of the California Office Of
Planning and Research are met.
I. Pursuant to City Ordinance No. 90--4, the City has
adopted the County of Riverside's land use, subdivision and
mitigation fee ordinances as amended by City Ordinance Nos. 90-05
through 92-15. Pursuant to City Resolution No. 90-31, the City
has adopted the Riverside County Southwest Area Community Plan
("SWAP"), as a planning guideline during the preparation of the
City's General Plan.
J. The City Council of City hereby finds and
determines that:
(1) The City is proceeding in a timely fashion
with the'preparation of its general plan.
(2) There is a reasonable probability that the
Project will be consistent with the general
plan proposal presently being considered.
(3) There is little or no probability of
substantial detriment to or interference with
the future adopted general plan if the
Project is ultimately inconsistent with the
plan.
(4) The Project complies with all other
applicable requirements of state law and
local ordinances.
K. Owner is the fee owner of a ninety-six and nine-
tenths (96.9) acre parcel of undeveloped land located South of
Rancho Vista Road, east of Temecula Valley High School and north
of Pauba Road, hereinafter referred to as the "Property" as
described in Exhibit "A" attached hereto and made a part herein
by this reference. This Agreement applies to the development of
a forty-eight and three-tenths (48.3) acre portion of the
Property, comprised of Lots 1-4 of Tentative Parcel Map No.
27314.
L. City and Owner desire that the Property be
developed as a Senior Citizen Housing Development as further
described herein.
M. The City Council of City hereby finds and
determines that:
(1) The environmental impacts of this Agreement
have been reviewed and all measures deemed feasible to
mitigate adverse impacts thereof have been incorporated into
the City approvals for the Project.
(2) No other mitigation measures for
environmental impacts created by the Project, as presently
approved shall be required for development of the Project
unless mandated by law.
(3) City may, pursuant to and in accordance with
its rules, regulations, and ordinances, conduct an
environmental review of subsequent discretionary
entitlements for the development of the Property or any
changes, amendments, or modifications to the Property. The
-3-
City, as a result of such review, may impose additional
measures (or conditions) to mitigate as permitted by law the
adverse environmental impacts of such development
entitlement which were not considered or mitigated at the
time of approval of the Project.
N. Within forty-eight (48) hours of the effective
date of this Agreement, Owner shall deliver to the Planning
department a check payable to the County Clerk in the amount of
One Thousand Two Hundred Seventy-Five Dollars (1,275.00), which
includes the One Thousand Two Hundred Fifty Dollars ($1,250.00)
fee required by Fish and Game Code Section 711.4(d)(2) plus the
Twenty-Five Dollar ($25.00) county administrative fee to enable
the City to file the Notice of Determination required under
Public Resources Code Section 21152 and 14 Cal. Code of
Regulations 15075. If within such forty-eight (48) hour period
the Owner has not delivered to the Planning Department the check
required above, this Agreement shall be void by reason of failure
of condition, Fish and Game Code Section 711.4(c).
O. city council of City has approved this Agreement
by Ordinance No. adopted on , 1992, and effective
on , 1992.
NOW, THEREFORE, in consideration Of the above Recitals
and of the mutual covenants hereinafter contained and for other
good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree:
1. Definitions. In this Agreement, unless the
context otherwise requires:
(a) "Congregate Care Facility" is a congregate
care residential facility developed pursuant to Riverside County
Ordinance No. 460, and Sections 8.1, 8.2, 19.101, 19.102 and
19.103 of Riverside County Ordinance No. 348.
(b) "City" is the City of Temecula.
1~874,5 (7/27N2)
(c) "Development Approvals" means all those
discretionary land use entitlements necessary to develop the
Property, including, but not limited to, zoning changes,
tentative subdivision maps, plot plans, and conditional use
permits.
(d) "Development Exaction" means'any requirement
of City in connection with or pursuant to any Land Use Regulation
or Development Approval for the dedication of land,'the
construction of improvements or public facilities, or the payment
of fees in order to lessen, offset, mitigate or compensate for
the impacts of development on the environment or other public
interests.
(e) "Development Plan" means the development of
the Property as depicted in Exhibit G.
(f) "Existing Development Approvals" means those
certain Development Approvals in effect as of the effective date
of this Agreement with respect to the Property, including,
without limitation, the "Existing Development Approvals" listed
in Exhibit B which were approved by the City of Temecula.
(g) "Land Use Regulations" means all ordinances,
resolutions,' codes, rules, regulations and official policies of
City, governing the development and use of land including without
limitation, the permitted use of land, the density or intensity
of use, subdivision requirements, the maximum height and size of
proposed buildings, the provisions for reservation or dedication
of land for public purposes, and the design, improvement and
construction standards and specifications applicable to the
development of the Property which are a matter of public record
on the Effective Date of this Agreement. "Land Use Regulations"
does not include any County or City ordinance, resolution, code,
rule, regulation, or official policy, governing:
(1)
and occupations;
(2)
(3)
The Conduct of businesses, professions,
Taxes and assessments;
The control and abatement of nuisances;
-5-
(4) The granting of encroachment permits and
the conveyance of rights and interest~ which provide for the
use of or the entry upon public property;
(5) The exercise of the power of eminent
domain.
(h) "Senior Citizen Housing Development" means a
multi-family development intended for persons 55 years of age or
older, as further defined atCalifornia Civil Code Section 51.3.
(i) "Subsequent Development Approvals" means all
Development Approvals required subsequent to the Effective Date
in connection with development of the Property.
(j) "Project" is the development of the Property
with the following specific uses: (i) multifamily senior housing
complex; (ii) congregate care facility; (iii) skilled nursing
facility; (iv) personal care facility, and (v) Seniors' Community
Center; and (vi) a nine (9) hole private golf course.
(k) "Owner" means the person having a legal
interest in the Property;
(1) "Subsequent Land Use Regulation" means any
Land Use Regulation adopted and effective after the Effective
Date of this Agreement.
(m) "Property" is the real property referred to
in Exhibit "A".
2. Interest of Owner. Owner represents that he has a
legal interest in the Property and that all other persons holding
legal or equitable interests in the Property are to be bound by
this Agreement.
3. Exhibits. The following documents are referred to
in this Agreement, attached hereto and made a part hereof by this
reference:
· 4.s C;/TT/~> -6- "
Exhibit
Desiunation
Referred to
in-ParauraDh
Description
A Legal Description of the K
Property
B Existing Development l(f), 15.2
Approvals
C Development Schedule 9, 10
D Public Facility Fee 14.2
Agreement
E Fee Credit 14.3
F Deed Restriction 10
G Development Plan 9
4. Term.
(a) The term of this Agreement shall commence on
the Effective Date andshall extend for a period of fifteen (15)
years thereafter, unless this Agreement is terminated, modified
or extended by circumstances set forth in this Agreement or by
mutual consent of the parties hereto.
(b) Should the Owner: (i) fail to obtain all
Subsequent Development Approvals to develop and complete the
Project, or (ii) breach the Development Schedule, Owner agrees to
City amending the land use designation to Low Medium Density
Residential or Institutional, and amending the zoning to Single
Family Residential (R-l).
(c) Notwithstanding any other provisions of this
Agreement, upon the sale or lease of any lot, dwelling or unit to
a member of the public or other ultimate user, this Agreement
shall terminate with respect to any such lot, dwelling, unit or
space, and such lot, dwelling, unit or space shall be released
and no longer be subject to this Agreement without'the execution
or recordation of any further document upon satisfaction of both
of the following conditions:
14874.S Or17se) ~ 7 -
(1) The lot has been finally subdivided and
individually (and not in "bulk") sold or leased to a member
of the public or other ultimate user; and,
(2) A Certificate of Occupancy has been
issued for a building or the lot, and the fees set forth
under Section 14 of this Agreement have been paid.
Notwithstanding the sale of any individual lot,
dwelling, unit or .space as set. forth herein, the Owner shall
remain liable to perform any and all outstanding obligations,
still unperformed or uncompleted at the time of sale, with
respectto said lot, dwelling, unit or space required by this
Agreement or as a condition of any development approval. The
Owner shall condition the sale and deed sufficiently to ensure
the completion of said obligations.
5. Assignment.
5.1 Right to Assign. The Owner shall have the
right to sell, transfer, or assign the Property in whole or in
part (provided that no such partial transfer shall violate the
Subdivision Map Act, Government Code Section 66410, et seq., or
Riverside County Ordinance NO. 460, as the same was incorporated
by reference into the Temecula Municipal Code by Ordinance No.
90-04) to any person, partnership, joint venture, firm, or
corporation at any time during the term of this Agreement;
provided, however, that any such sale, transfer, or assignment
shall include the assignment and assumption of the rights,
duties, and obligations arising under or from this Agreement and
be made in strict compliance with the following conditions
precedent:
(a) No sale, transfer, or assignment of any
right or interest under this Agreement shall be made unless
made together with the sale, transfer, or assignment of all
or a part of the Property.
(b) Concurrent with any such sale, transfer
or assignment, or within fifteen (15) business days
thereafter, the Owner shall notify City, in writing, of such
'4.5 GRIT/92)
--8--
sale, transfer, or assignment and shall provide City with an
executed agreement, in a form acceptable to the City
Attorney, by ~he purchaser, transferee, or assignee and
providing therein that the purchaser, transferee, or
assignee expressly and unconditionally assumes all the
duties and obligations of the Owner under this Agreement.
Any sale, transfer, or assignment not made in strict
compliance with the foregoing conditions Shall constitute a
default by the Owner under this Agreement. Notwithstanding the
failure of any purchaser, transferee, or assignee to execute the
agreement required by Paragraph (b) of this Subsection, the
burdens of this Agreement shall be binding upon such purchaser,
transferee, or assignee, but the benefits of this Agreement shall
not inure to such purchaser, transferee, or assignee until and
unless such agreement is executed.
5.2 Release Of Transfertins owner.
Notwithstanding any sale, transfer, or assignment, a transferring
Owner shall continue to be obligated under this Agreement unless
such transferring Owner is given a release in writing by City,
which release shall be provided by City upon the full
satisfaction by such transferring Owner of all of the following
conditions:
(a) The Owner no longer has a legal or
equitable interest in all or any part of the Property except
as a beneficiary under a deed of trust.
(b) The Owner is not then in default under
this Agreement.
(c) The Owner has provided City with the
notice and executed agreement required under Paragraph (b)
of Subsection 5.1 above.
(d) The purchaser, transferee, or assignee
provides City with security equivalent to any security
previously provided by Owner to secure performance of its
obligations hereunder.
14874.~ (7m/9~) --9--
5.3 Subsequent Assianment. Any subsequent sale,
transfer, or assignment after an initial sale, transfer, or
assignment shall be made only in accordance with and subject to
the terms and conditions of this Section.
6. Mortaauee Protection. The parties hereto agree
that this Agreement shall not prevent or limit Owner, in any
manner, at Owner's sole discretion, from enc-m~ering the Property
or any portion thereof or any improvement thereon by any
mortgage, deed of trust, or other security device securing.
financing with respect to the Property. City acknowledges that
the lenders providing such financing may require certain
Agreement interpretations and modifications and agrees upon
request, from time to time, to meet.with the Owner and
representatives of such lenders to negotiate in good faith any
such request for interpretation or modification. City will not
unreasonably withhold its consent to any such requested
interpretation or modification provided such interpretation or
modification is consistent with the intent and purposes of this
Agreement. Owner shall reimburse City for any and all of City's
costs associated with said negotiations, interpretations, and
modifications and shall make reimbursement payments to City
within thirty (30) days of receipt of an invoice from City.
Any Mortgagee of the Property shall be entitled to the
following rights and privileges:
(a) Neither entering into this Agreement nor a
breach of this Agreement shall defeat, render invalid, diminish
or impair the lien of any mortgage on the Property made in good
faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of
trust encumbering the Property, or any part thereof, which
Mortgagee has submitted a request in writing to the City in the
manner specified herein for giving notices, shall be entitled to
receive written notification from City of any default by the
Owner in the performance of the Owner's obligations under this
Agreement.
(c) If City timely receives a request from a
Mortgagee reguesting 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 Mor~cgagee 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 oontrary, no Mortgagee shall have an obligation
or duty under this Agreement to perform any of the Owner's
obligations or other affirmative covenants of the Owner
hereunder, or to guarantee such performance, provided however,
that to the extent that any covenant to be performed by Owner is
a condition precedent to the performance of a covenant by City,
the performance thereof shall continue to be a condition
precedent to City's performance hereunder, and further provided
that any sale, transfer or assignment by any Mortgagee in
possession shall be subject to the provisions of Section 6.3 of
this Agreement.
(e) Any Mortgagee who comes into possession. of
the Property, or any portion thereof, pursuant to subsection (d)
above and who elects not to assume the obligations of the Owner
set forth herein shall not be entitled to any rights to develop
which have or may have vested as a result of this Agreement.
7. Bindin~ Effect of A~reement. The burdens of this
Agreement bind and the benefits of the Agreement inure to the
successors-in-interest to the parties to it.
8. Relationship of Parties. It is understood that
the contractual relationship between City and Owner is such that
the Owner is an independent contractor and not the agent of City.
14s~.somm) -11-
9. Pro~ect Zoning. Pursuant to the Existing
Development Approvals, the Project description contained at
Section 16.1 of this Agreement, and the Development Plan, the
Property has been rezoned from Rural-Residential (R-R) to General
Residential (R-3) to permit Project development. The land use
designation under SWAP is presently one (1) acre'minimum; under
the new General Plan to be adopted, the Property will likely be
designated high density residential. The rezoning and proposed
land use designation is conditional upon the completion of the
Project pursuant to the Development Schedule. Any substantial
breach of the Existing Development Approvals, Development
Schedule or Development Plan shall constitute a material breach
of the Agreement.
10. Development Schedule.
(a) Owner shall develop the Property pursuant to
the Development Schedule contained in Exhibit C.
(b) Concurrently with recording Parcel Map No.
27314, Owner shall record a deed restriction in substantially the
form of Exhibit F, as to Parcels 1-4 of said Tract, restricting
occupancy in the Project to persons fifty-five (55) years of age
and older.
(c) The parties acknowledge that Owner cannot at
this time predict when, or the rate at which phases of the
Property will be developed. Such decisions depend upon numerous
factors which are not within the control of Owner, such as market
orientation and demand, interest rates, absorption, completion
and other similar factors. Since the California Supreme court
held in Pardee Construction Co. v. 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
-12-
exercise of its subjective business judgment, subject only to any
timing or phasing requirements set forth in the Development
Schedule.
11. Mold Harmless. Owner agrees to and shall hold
City, its officers, agents, employees and representatives
harmless from liability for damage or Claims for damage for
personal injury including death and claims for property damage
which may arise from the direct or indirect operations of the.
Owner or those of his contractor, subcontractor, agent., employee
or other person acting on his behalf which relate to the Project.
Owner agrees to and shall indemnify, defend, and hold harmless
the City and its officers, agents, employees and representatives
from actions for damages caused or alleged to have been caused by
reason of Owner's activities in connection with the Project.
This hold harmless agreement applies to all damages and
claims for damages suffered or alleged to have been suffered by
reason of the operations referred to in this paragraph,
regardless of whether or not City prepared, supplied, or approved
plans or specifications or both for the Project and regardless of
whether or not the insurance policies referred to herein are
applicable.
Owner further agrees to indemnify, hold harmless, pay
all costs and provide a defense for City in any action
challenging the validity of this Agreement or the Project.
12. LitiGation.
12.1 Third Party LitiGation Concerning AGreement.
Owner shall defend, at its expense, including attorneys fees,
indemnify, and hold harmless City, its agents, officers and
employees from any claim, action, or proceeding against City, its
agents, officers, or employees to attack, set aside, void, or
annul the approval of this Agreement orthe approval of any
permit granted pursuant to this Agreement. City shall promptly
notify Owner of any such claim, action, or proceeding, and City
shell cooperate in the defense. If City fails to promptly notify
Owner of any such claim, action, or proceeding, or if City fails
148~.50m~) -13-
to cooperate in the defense, Owner shall not thereafter be
responsible to defend, indemnify, or hold harmless City. city
may in its discretion participate in the defense of any such
claim, action, or proceeding.
12.2 Environmental Assurances. Owner shall
indemnify and hold City, its officers, agents, and employees free
and harmless from any liability, based or asserted, upon any act
or omission of Owner, its officers, agents, employees,
subcontractors, predecessors-in-interest, successors, assigns and
independent contractors for any violation of any federal, state,
or local law, ordinance or regulation relating to industrial
hygiene, solid or hazardous waste or to environmental conditions
on, under or about the Property. Said violations shall include,
but not limited to, soil and groundwater conditions, and Owner
shall defend, at its expense, including attorneys fees, City, its
officers, agents and employees in any action based or asserted
upon any such alleged act or omission. City may, in its
discretion, participate in the defense of. any such action.
13. Third Party Litigation Concerninu the General
Plan. City is a newly incorporated city falling within the scope
of Government Code Sections 65360 and 65311 and thus not subject
to the requirement that a General Plan be adopted or that
development decisions be consistent therewith so long as the City
makes certain findings, which the City has made at Section J. of
this Agreement. Notwithstanding these findings City shall have
no liability in damages under this Agreement for any failure of
City to perform under this Agreement or the inability of Owner to
develop the Property as contemplated by the Development Plan of
this Agreement as the result of a judicial determination that on
the Effective Date, or at any time thereafter, the findings made
under Section 65360 and 65361 or the future General Plan, are
invalidated or inadequate or'not in compliance with law.
14. Public Benefits. Public Improvements and
Facilities.
· 4.5 (7/~7/.n) -714 -
14.1 ~_~. The parties acknowledge and agree
that development of the Property will result in substantial
public needs which will not be fully met by development of the
Project and further acknowledge and agree that this Agreement
confers substantial private benefits on the Owner which should be
balanced by commensurate public benefits. Accordingly, the
parties intend to provide consideration to the public to balance
the private benefits conferred on the Owner by providing more
fully for the satisfaction of the public needs resulting from the
Project.
14.2 Impact Fees.
(a) The developer(s) of the Property shall pay a
capital or impact fee for road improvements and public facilities
the City may adopt for development ("Public Facilities Fee"), in
the amount in effect at the time of payment of the fee. (The
term "developer(s) of the Property or Project" as used' in this
Section shall mean the person(s) who seeks a building permit to
construct structures on the Property. These individuals shall
hereinafter be referred to as the "Developer".) If an interim or
final public facility mitigation fee or benefit district has not
been finally established by the date on which Developer requests
its building permits for the Project or any phase thereof, the
Developer shall execute an Agreement for Payment of a Public
Facility Fee, in substantially the form of Exhibit D.
(b) Owner shall pay all other impact fees
provided. for under the Land Use RequlationS, including, but not
limited to the Residential Impact Fee (pursuant to Riverside
County Ordinance No. 659) and Flood Control, Fire, Library,
Traffic Mitigation and K-Rat Fees.
14.3 Fee credits and Schedule. In exchange for
the dedication of land, the construction of improvements and the
payment of fees, Owner shall be entitled to Fee Credits set forth
in Exhibit E.
14.4 Waiver. By execution of this Agreement,
Owner waives any right to object to the imposition of the
~48~.50m/~ -15-
provisions of Section 15 of this Agreement, the adoption of any
interim or final Public Facility Fee, or the procesS, levy, or
collection of any interim or final Public Facility Fee for this
Project; provided that Owner is not waiving its right to protest
the reasonableness of any interim or final Public Facility Fee,
and the amount thereof.
15. Reservation~ of Authority.
15.1 Limitations° Reservations. and Exceptions.
Notwithstanding any other provision of this Agreement, the
following Subsequent Land Use Regulations shall apply to the
development of the Property, including, but not limited to:
(a) Processing fees and charges imposed by
City to cover the estimated actual costs to City of
processing applications for Development Approvals or for
monitoring compliance with any Development Approvals granted
or issued.
(b) Procedural regulations relating to
hearing bodies, petitions, applications, notices, findings,
records, hearings, reports, recommendation, appeals, and any
other matter of procedure.
(c) Regulations governing construction
standards and specifications including, without limitation,
the City's Building Code, plumbing Code, Mechanical Code,
Electrical Code, Grading Code and Fire Code.
(d) Subsequent Land Use Regulations which
are in conflict with the Development Plan.
15.2 Subsequent Development ADDrOValS. This
Agreement shall not prevent City, in acting on Subsequent
Development Approvals from applying Subsequent Land Use
Regulations, even if they conflict with the Existing Land Use
Regulations, Existing Development Approvals or the Development
Plan. Further, this Agreement shall not prevent City from denying
or conditionally approving any Subsequent Development Approval on
the basis of the Existing or Subsequent Land Use Regulations.
-16-
15.3 Modification or SusPension by State or
Federal Law. In the event that State or Federal laws or
regulations enacted after the Effective Date of this Agreement
prevent or preclude compliance with one or more of the provisions
of this Agreement, such provisions of this Agreement shall be
modified or suspended as may be necessary to comply with such
state or Federal laws or regulations, provided, however, that
this Agreement shall remai. n in full force and effect to the
extent it is not inconsistent with such laws or regulations and
to the extent such laws or regulations do not render such
remaining provisions impractical to enforce.
15.4 Regulation bv Other Public A~encies. It is
acknowledged by the parties that other public agencies not within
the control of City possess authority to regulate aspects of the
development of the Property separately from or jointly with City
and this Agreement does not limit the authority of such other
public agencies.
15.5 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 Subdivision Map Act
(Government Code Section 66410, et seo.) 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 insolaf as it grants a vested right to develop to
the Owner, then and to that extent the rights, obligations, and
protections afforded the Owner and City respectively, under the
laws and ordinances applicable to vesting maps shall supersede
the provisions of this Agreement. Except as set forth
immediately above, development of the Property shall occur only
as provided in this Agreement~ and the provisions in this
Agreement shall be controlling over ahy conflicting provision of
law or ordinance concerning vesting maps.
16. Development of the ProDertv.
]4874.5Om~) --17--
16.1 Pro~ect. The Property shall be developed
with the following uses, and only the following uses:
(a) Senior Citizen Housing Development on
Parcel 2 of Parcel Map 27314, not to exceed 20 dwelling
units per net acre; "' ~ ~
(b) Nine (9) hole golf course on Parcel 2 of
Parcel Map 27314;
(c) Senior's Community Center on Parcel i of
the Parcel Map 27314;
(d) Congregate Care Facility on Parcel 3 of
Parcel Map 27314; and
(e) Skilled Nursing and Personal Care
Facilities on Parcel 4 of Parcel Map 27314.
No change, modification, revision or alteration of
these uses or of the Project may be made without the prior
amendment of this Agreement.
16.2 Riuhts to Develop. The permitted uses of the
Property, the density and intensity of use, the maximum height
and size of proposed buildings, and provisions for reservation
and dedication of land for public purposes shall be those set
forth in Section 16.1 and the Development Plan. The Project
shall remain subject to all Subsequent Development Approvals
required to complete the Project as contemplated by the
Development Plan.
16.3 ChanGes and Amendments. Notwithstanding
Section 16.1, the parties acknowledge that refinement and further
development of the Project will require Subsequent Development
Approvals and may demonstrate that changes are appropriate and
mutually desirable in the Project. In the event the Owner finds
that a change in the Project is necessary or appropriate, the
Owner shall apply for a Subsequent Development Approval to
effectuate such change and City shall process and act on such
application in accordance with the Subsequent Land Use
Regulations. If approved, any such change in the Project shall
be incorporated herein as an addendum to this Agreement and may
· 4.somm) -18-
be further changed from time to time as provided in this Section.
Unless otherwise required by law, as determined in City's
reasonable discretion, a change to the Project shall be deemed
"minor" and not require an amendment to this Agreement provided
such change does not:
(a) Alter the permitted uses of the Project
as a whole; or,
(b) Increase the density or intensity Of use
of the Project as a whole; or,
(c) Increase the maximum height and size of
permitted buildings; or,
(d) Delete a requirement for the reservation
or dedication of land for public purposes within the Project
as a whole; or,
(e) Constitute a project requiring a
Subsequent or Supplemental Environmental Impact Repor~
pursuant to Section 21166 of the Public Resources Code.
17. 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 date
this Agreement is executed. The Owner or successor shall
reimburse City for the actual and necessary costs of this review.
(b) During each periodic review by City, the
owner is required to demonstrate good faith compliance with the
terms of the Agreement.' The owner agrees to furnish such
evidence of good faith compliance as City in the exercise of its
discretion may require.
18. Amendment or Cancellation of AGreement. This
Agreement may be amended or canceled in whole or in part only by
mutual consent of the parties and in the manner provided for in
Government Code Sections 65868, 65867 and 65867.5. If the
Amendment is requested by the Owner or successor, the
Owner/successor agrees to pay City any Development Agreement
Amendment fee then in existence as established by City Council
14s~.~Omm) -19-
Resolution, or if no such fee is established, to reimburse City
for the actual and necessary costs of reviewing and processing
said Amendment.
19. Breach of A~reement.
(a) The City reserves the right to terminate this
Agreement in the event of a material breach of any of its
material terms or any material term of any applicable federal,
state or locel statute or regulation, which breach is not cured
following written notice and a reasonable opportunity to cure.
In finding such a breach:
(i) City does not waive any claim of defect
in performance by Owner implied if on periodic review the City
does not propose to modify or terminate the Agreement.
(ii) Non-performance shall not be excused
because of a failure of a third person; and
(iii) Non-performance shall be excused only
when it is prevented or delayed by acts of God or an emergency
declared by the Governor.
(b) The notice to curt period shall be thirty
(30) days (except in cases of emergency where a shorter time may
be prescribed consistent with the nature of the emergency).
Where thirty (30) days is insufficient time for the Owner to cure
the notified breach, Owner shall be deemed in compliance with the
provisions if, within that thirty-day time period Owner begins
good faith efforts to cure such breach and shall present a
specific and reasonable timetable to the City for the cure of the
notified breach. If the breach is not cured within such time
period or within such additional time period specified in such
notice, the Planning Director shall cause to be noticed a public
hearing before the City Council.
(c) The Council shall hold a public hearing, upon
ten (10) days written notice duly given to Owner and published
notice provided to the public. Owner may appear at the public
hearing before the Council and present information, orally or in
documented form, that it deems relevant and appropriate to the
-20-
Council's deliberations. Based on the evidence presented at the
public hearing, the Council shall determine by resolution whether
the Agreement should be terminated. Nothing herein is intended
to limit Council's right to make other determinations which are
reasonably related to the Agreement.
(d) The City Council shall cause Owner to receive
written notice of any action taken following the public hearing.
(e) Within not less than thirty (30) days of
receiving notice of the City Council's action, Owner shall be
entitled to initiate an action in state court to seek judicial
review pursuant to California Code of Civil Procedure Section
1094.5. In the event Owner initiates such a review, the
Council's determination shall be stayed pending a.final order of
the court.
(f) Upon a finding of material breach of this
Agreement, and the failure of Owner to successfully challenge the
same in a court of law, City may not only terminate this
Agreement, but also shall amend the land use designation of the
Property to Institutional or Low-Medium Density Residential, and
amend the zoning to Single Family Residential (R-l); Owner
further agrees to such amendments.
(g) All other remedies at law or in equit~ which
are not otherwise provided for in the Agreement or in City's
regulations governing development agreements are available to the
parties to pursue in the event there is a breach.
20. Damages UDOn Termination. It is acknowledged by
the parties that City would not have entered into this Agreement
if it were to be liable in damages under or with respect to this
Agreement or the application thereof.
In general, each of the parties hereto may pursue
any remedy at law or equity available for the breach of any
provision of this Agreement, except that City, and its officers,
employees and agents, shall not be liable in damages to Owner or
to any assignee, transferee of Owner, or any other person, and
14874.5 0f27~9~) --2 1--
Owner covenants not to sue for or claim any damages for breach of
that Agreement by City.
21. 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.
22. Notices. All notices required or provided for
under this Agreementshall be in'writing.and deliveredin person
or sent by certified mail, postage prepaid. Notice required to
be given to City shall be addressed as follows:
To City: City Clerk
City of Temecula
43172 Business Park Drive
Temecula, CA 92390
Notices required to be given to Owner shall be addressed as
follows:
To Owner:
A party may change the address by giving notice in writing to the
other party and thereafter notices shall be addressed and
transmitted to the new address.
23. Rules of Construction and Miscellaneous Terms.
(a) The singular includes the plural; the
masculine gender includes the feminine; "shall" is mandatory,
"may" is permissive.
(b) If a part of this Agreement is held to be
invalid, the remainder of the Agreement is not affected.
(c) If there is more than one signer of this
Agreement their obligations are joint and several.
(d) The time limits set forth in this Agreement
may be extended by mutual written consent of the parties in
accordance with the procedures for adoption of the Agreement.
(e) This Agreement is made and entered into for
the sole protection and benefit of the parties and their
successors and assigns. No other person, including but not
limited to third party beneficiaries, shall have any right of
action based upon any provision of this Agreement.
(f) This Agreement may be executed by the parties
in counterparts, each of which so fully executed counterpart
shall be deemed an original irrespective of the date of
execution.
24. CounterParts. This Agreement may be executed in
any number of counterparts, each of which shall be deemed an
original, but all of which when taken together shall constitute
one and the same instrument.
IN WITNESS WHEREOF this Agreement has been executed by
the parties on the day and year first above written.
"CITY"
Attest:
By:
MAYOR
City Clerk
Approved as to form:
City Attorney
-By:
Name:
Title:
14~4.~ 0f27/92} '2 3 '
By:
Name:
Title:
Notary
[ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC,
EXECUTION ON BEHALF OF ANY CORPORATION SH~LL BE BY TWO CORPORATE
OFFICERS,]
-.
'4.5 ~7m/~2) - 2 4 -
EXI-r~IT "A"
DESCRIPTION OF THE PROPERTY
148'74,4
EXHIBIT 'B'
EXISTING DEVELOPMENT APPROVALS
Tentative Parcel Map No. 27314
Change of Zone No. 21
74..~ 0 r27 ~92) ~
EXItlBIT "C"
DEVELOPMENT 8tjl-iv:a,ULE
Within five (5) years of the effective dam of this Development Agreement, Owner shall have substantially b~,,n
construction of each of the following uses:
A. Twenty (20) dwelling units of the Senior Citizen Housing Development, and
B. The Congregate Care Facility, Skilled Nursing Facility, or Personal Care Facility
"Substantially begun construction': shall mean obtaining a building permit and having an approved and inspected
foundation.
After twenty-five (25) percent of the dwelling units within the multi-family senior housing complex have received
Occupancy Permits and prior to the next Occupancy Permit issuance within this complex, owner shall have
constructed and obtained a Certificate of Occupancy for the Senior Citizen Center, and shall have completed the
golf course.
Within five (5) years of the effective date of this Development Agreement, Owner shall have recorded Parcel Map
No. 27314 and have obtained all subsequent development approvals for the Senior Citizen Housing Development,
the Congregate Care Facility, the Skilled Nursing Facility, and the Personal Care Facility.
Within the term of this Development Agreement, Owner shall have obtained Certificates of Occupancy for all
buildings identified in the subsequent development approvals.
PUBLIC FACH,ITY FEE AGREk'~f~,N'T
Recording requested by, and
When recorded mail
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
,Attn: City Clerk
)
)
)
)
)
)
)
)
)
AGREEMENT FOR PAYMENT OF PUBLIC FACILITY FEE
This Agreement is made this
by and between the City of Temecula ("City")
("Developer").
RECITALS
A.
"Property")
day of
and
Developer is the owner of'real property (the
in the City of Temecula described as follows:
Exhibit A,
reference
pursuant to
attached hereto and incorporated herein by
Developer proposes to develop the Property
(the "Project").
Recording of this Agreement'is fee exempt pursuant to Government
Code Section 6103 as it is recorded for the benefit of the City of
Temecula, a public agency.
C. City has determined that the Project will impact
traffic and ~he demand for other public facilities within the
City as identified in the for
the Project. These i~pacts 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 developments within the City in order to construct
additional public facility improvements to serve and benefit new
developments, including the Project. These fees shall be known
as the "Temecula City-wide Public Facility Fee Program" or
"Public Facility Fee."
E. Condition No. of the Project requires that
Developer execute this Agreement prior to issuance of a building
permit or conditional use permit, or recordation of the final
map, as provided specifically in the conditions of approval.
F. In order for Developer to proceed without full
payment of the Public Facility Fee in a timely manner, City and
Developer have determined to enter into this Agreement.
G. The term "public facility" shall refer to public
and municipal infrastructure, such as roads, highways, flood
control facilities, city hall, police stations, community
centers, theaters, parks and similar public infrastructure.
NOW, THEREFORE, the parties hereto agree as follows:
1. Public Facility Fee:
-2-
(a) The City Council will establish the amount of
the Public Facility Fee at some time in ~he future. The Fee will
be based upon the square footage .of each development, ~he vehicle
trips generated by each development, or similar measure(s). The
Public Facility Fee also shall establish the specific improve-
ments to be constructed and their cost, the benefit assessment
area and the method by which the fair share, pro-rata obligations
of each property are to be established based on impact on traffic
and demand for .public facilities.
(b) Developer shall pay the Public Facility Fee
on each building at such time it receives its cer~zificate of
occupancy or final inspection, which ever occurs first.
(c) The Council also may establish an Interim
Public Facility Fee to be followed by a Final Public Facility
Fee. If only the Interim Public Facility Fee has been
established at the time the Developer seeks issuance of its
certificate of occupancy or final inspection, whichever occurs
first, then Developer shall pay the Interim Fee prior to issuanc~
of the certificate of occupancy or final inspection, whichever
occurs first. Later, when the Final Public Facility Fee is
established, the Developer will be reimbursed for any difference
between the Interim and Final Fee if the Interim Fee exceeds the
Final Fee, and shall pay the shortfall if the Final Fee exceeds
the Interim Fee.
(d) If the certificate of occupancy or final
inspection occurs prior to the establishment of the Interim or
Final Public Facility Fee, then the Developer shall pay a deposit
of Two Dollars ($2.00) per square foot, not to exceed Ten
Thousand Dollars .($10,000) prior to the issuance of the
certificate of occupancy or final inspection. The deposit shall
be a credit against the Interim or Final Public Facility Fee. A
letter of credit or certificate of deposit may be provided in
lieu of the deposit.
(e) If either the Final or Interim Public
Facility Fee is established after the issuance of the certificate
of occupancy or final inspection, the Developer shall pay the
Interim or Final Public Facility Fee ten (10) days after
receiving notice from the City that it has been established.
(f) Notwithstanding the above, Developer shall
provide City with written notification of the opening of any
escrow for the sale of the Project and shall provide in the
escrow instructions that if the Interim or Final Public Facility
Fee has been established, the Fee shall be paid to the City from
the sale proceeds in escrow prior to distributing the proceeds to
Developer/seller.
(g) City shall record a release of this Agreement
upon payment of all Public Facility Fees owing and shall provide
Developer with a copy of such release.
2. Use of Public Facility Fee:
The Public Facility Fee collected pursuant to this
Agreement shall be used only to construct City-wide traffic and
public facility improvements, which improvements are deemed to be
of benefit to Project, and for expenses incidental thereto.
There is a reasonable relationship between the Project and the
Public Facility Fee in that the Project will impact traffic and
existing public facilities, and 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 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 Public
Facility Fee.
4. Security for Public Facility Fee:
(a) If the Interim or Final Public Facility Fee
has been established prior to issuance of a building permit or
other entitlement described in Recital E, then, concurrent with
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 tam city Attorney, in an amount
equal to the total Public Facility Fee for the Project. The
amount Of security may be increased upon-City's request should
there be an increase in the amount of the Public FaciiityFee.
The amount of security also may be reduced upon Developer's
payment of Public Facility Fees outstanding. However, except for
the deposit provided for in Section'l, no letter of credit is
required if neither the Interim or Final Public Facility Fee has
not been established as of the date of execution of this
Agreement.
(b) As an alternative to collecting the fee from
the letter of credit, if the Developer fails to pay the Public
Facility Fee within 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
Public Facility Fee due. The Developer agrees that if legal
action by the City is necessary to collect the Fee the Developer
agrees to pay the. City a reasonable sum as attorney's fees and
court costs, together with penalty and interest determined
according to Paragraph 4(b) of this Agreement.
5. Aareement Runs With Land:
This Agreement pertains to and runs with the
Property. This Agreement binds the successors in interest of
each of the parities.
6. Waive~:
By execution of this Agreement, Developer waives
any right to protest the provisions of Condition No. of
the Project, this Agreement, the formation of any Public Facility
fee district, but not the nexus between any Public Facility fee
and the Project.
7. Bindina Aareement:
This Agreement shall be binding upon Developer,
Developer's successors and assigns.
8. Amendment;No Continuinu Waiver:
This Agreement may be modified or amended only in
writing, signed by both parties. This Agreement contains the
full and complete understanding of the parties and supersedes any
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. Notice:
Notice shall be deemed given under this Agreement
when in writing and deposited in the United States mail, first-
class, postage prepaid, addressed as follows:
CITY: DEVELOPER:
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
Attn: City Clerk
11. Miscellaneous Provisions
(a) If any provision of this Agreement is adjudged
invalid, the remaining provisions shall not be affected.
(b) If there is more than one (1) signer of this
Agreement as Developer, their obligations are joint and several.
IN WITNESS WHEREOF, the parties or their duly authorized
representatives have executed this Agreement as of the date set
out above.
CITY OF TEMECULA
DEVELOPER
By:
By:
David S. Dixon
city Manager
By:
APPROVED AS TO FORM:
By:
Scott F. Field
City Attorney
sff/AGR17333
Form of Condition:
Developer shall pay a building permit or any capital fee for
road improvements and public facilities imposed upon the property
or project, including that for traffic and public facility
mitigation as required under the EIR/Negative Declaration for the
project, in the amount in effect at the time of payment of the
fee. If an interim or final public facility mitigation fee or
district has not been finally established by the date on which
Developer requests its building permits for the project or any
phase thereof, the Developer shall pay a deposit of $2.00 per
Square foot, not to exceed $10,000, and execute the Agreement for
Payment of Public Facility Fee, a copy of which has been provided
to Developer. Developer understands that said Agreement may
require the payment of fees in excess of those now estimated
(assuming benefit to the project in the amount of such fees) and
specifically waives its right to protest such increase.
In imposing this condition, the City finds as follows:
1. The fee collected will be used for City-wide road and
public facility improvements.
2. The road and public facility improvements (or portions
thereof) to be financed will serve the project by providing
access, reducing congestion, and providing adequate public
facilities, such as, but not limited to, City Hall, police'
station, fire station, community center and parks.
-i-
SiI/AGR17333
3. There is a need for such road and public facility
improvements for the project as the project will generate traffic
onto the roads to be improved and demand for additional public
facilities.
4. There is a reasonable relationship between the amount
of the fee and the cost of the road and public facility
improvements in that the amount of the fee is no more than the
amountof benefit to be received by each unit from access to and
use of the road and public facility improvements.
-ii-
LETTER OF CREDIT
(To be on Letterhead of Issuing Financial Institution)
CITY OF TEMECULA
43172 Business Park Drive
Temecula, CA 92390
Re: Instrument of Credit Delivered as Performance
Security for Publi~ Facilities Fee.
Gentlemen:
[name of financial institution] , a
financial institution, subject to regulation by the State of
California or the Federal Government of the United States of
America, delivers to the City of Temecula this instrument of
credit as security ~or performance of the Agreement For
Payment Of Public Facilities Fee, dated by and
between the City of Temecula and
, and
referred to herein and by this reference made a part hereof,
subject to the following conditions:
I. We pledge that we hold and will hold on
deposit the sum of Ten Thousand dollars ($10,000.00) as
trust funds guaranteed for payment to City of Temecula to
secure faithful performance by
__, (hereinafter referred to as "Principal") of the
Agreement for payment of Public Facility Fee.
Upon demand by the City Manager of the City of
Temecula, the whole or any portion of said funds shall be
paid forthwith to the City should the Principal fail to
perform any of its obligations to the City under the
Agreement For Payment Of Public Facility Fee.
II. No amendment to the Agreement For Payment Of
Public Facility Fee, agreed to by City of Temecula and
Principal, shall relieve us from liability on this letter of
credit. We hereby give consent for any such amendments to
be made without further notice to or consent by us. We
hereby hold ourselves bound without regard to and
independently of any action against Principal whenever
taken. We further agree that if City of Temecula sues on
this letter of credit, we will pay, in addition to the face
value of this letter, all its reasonable costs, expenses and
attorneys fees incurred by it in successfully enforcing such
obligation, to be awarded and fixed by the court, and to be
-1-
s ff/LTRll0111
taxed as costs and to be included in the judgment therein
rendered.
This instrument of credit is irreMocable.
Financial Institution
Principal
(Name)
(Title)
I swear under penalty of
perjury that I have authority
to bind the above-named
financial institution to the
terms of this letter of
credit.
Executed at
California, on , 19 .
By:
By:
By:
(Name)
(Title)
(Name)
(Title)
Signature
Approved as to Form:
By:
Scott F. Field
City Attorney
CITY OF TEMECULA
-2-
sff/LTRll0111
EXHIBIT "E"
Upon obtaining a certificate of'occupancy Owner shall
dedicate to the City the senior citizen center
described in Exhibit C. In exchange for dedication of
the Senior Citizen Center and completion of the Golf
course, Owner shall receive a full credit against its
Quimby Fees required pursuant to Riverside County
Ordinance No. 460.
EXHIBIT
DEED RESTRICTION
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
CITY'CLERK
CITY OF TEMECULA
43174 BUSINESS PARK DRIVE
TEMECULA, CALIFORNIA 92590
DECLARATION OF RESTRICTIONS
This DECLARATION OF RESTRICTIONS made this day of
, 1992, by (" ")
hereinafter referred to as "Declarant."
WHEREAS, Declarant is the owner of Parcels 1-4 of Parcel Map
No. 27314 (the "Property"); and
WHEREAS, Declarant intends to sell the above described
property, restricting it in accordance with a common plan
designed to preserve the value and residential qualities of said
land, for the benefit of its future owners.
NOW, THEREFORE, Declarant declares that said real property
shall be held, transferred, encumbered, used, sold, conveyed,
leased, and occupied, subject to the covenants and restrictions
hereinafter set forth expressly and exclusively for the use and
benefit of said property and of each and every person or entity
who now or in the future owns any portion or portions of said
real property.
1. Land Use and Building TYPe. No person may occupy
any dwelling unit located on the Property unless he or she is at
least fifty-five (55) years of age, or otherwise qualifies for
residenCy pursuant to California Civil Code Section 51.3.
2. Term. These covenants are to run with the land
and shall be binding on all parties and all persons claiming
under them for a period of thirty {30) years from the date these
covenants are recorded, after which time said covenants shall be
automatically extended for successive periods of ten (10) years
unless an instrument signed by a majority of the then owners of
the lots, and the City of Temecula, has been recorded, agreeing
to change said covenants in whole or in part.
3. Enforcement. Enforcement shall be by proceedings
at law or in equity against any person or persons violating or
attempting to violate any covenant either to restrainlviolation
or to recover damages. The City of Temecula may enforce any
covenant of this Declaration.
4. Attorneys Fees. Should any party bring an action
against the other for the purpose of enforcing the terms of this
Stipulation, or for damages arising from its breach, then in such
event, the prevailing party shall be entitled to its reasonable
attorneys fees and costs in addition to any other award entered
by the Court.
5. Severability. Invalidation of any one of these
covenants by judgment or court order shall in no wise affect any
of the other provisions which shall remain in full force and
effect.
IN WITNESS WHEREOF, Declarant has executed this Declaration
of restrictions the day and year first above written.
DECLARANT:
Signature
Name:
Address:
EXHIBIT
DEVELOPMENT PLAN
'1
ATTA~ NO. 7
SECTIONS 5.1 AND 5.2 OF ORDINANCE NO. 348
RURAL RESIDENTIAL ZONING STANDARDS
ARTICLE V
R-R ZONE (RURAl-RESIDENTIAL)
$ECTZDN 5.1. USES PERIqIllED IN R-R ZONE.
e. Residential end Ltght Aerlcultoral Uses.
(1) Any use permitted tn A-1 Zone, subject to the conditions set
forth therein, unless hereinaftermodified.
(2) Mobilehaas, used ms e one-f~tly residence, SubJect to the
following conelions:
e. Nobtlehmes sh~l have a floor area of notless that 45D
square feet.
b. The area between the ground level Ind the floor of a
mobilehems shall be screened fn~ Hew by an opaque skirt
enttrely around the mobilehans.
The following uses shall be permitted provided approvaq of a plot pqan
shall first have been obtained pursuant to the provisions of Section
18.30:
(1) Fishing lakes. cemmerctaq and noncu,,,ercial.
.est ranches and.oasis.
Educational'institutions, 1t braries, museums and post office.
(4) Go1 f, tennis. polo or country clubs. Itchsty and golf and driving
ranges·
(5) Cornmartial uses for the convenience of and Incidental to any of
the above permitted uses when located upon the same lot or parcel
of land.
Feed and grain sales.
Nurseries and garden supply stores.
Pet shops and pet supply shops.
Real estate offices.
Signs, on-site advertising.
Arts, crafts and curio shops.
(6)
-..,(?)
(1o)
(11)
Public Utility Uses.
(1) Structures end installations necessary to the conservation and
dave1 opment of water such ms dens, pi pelthas, water conduits,
tinks, canalst reservoirs, wells and the necessary pumping and
water production facilities.
(2) Structures and the pertinent facilities necessary end incidental
to the development and transmission of electrical power and gas
Such ms hydroelectric power plmnts, booster or conversion plants,
transmission lines, pipelines and the like.
{Rmdto broadcasting stations.
Telephone trlnsmtsston ltnes, telephone exchanges and offices.
Railroads, including the necessary facilities in connection
therewith.
(6) Television broadcasting stationS. antennas. and cable
tnstellltions, Ind microwave relmy stations.
(d) The following uses mrs permitted provided m conditional use permit
has been granted:
(1) Airport or landing field.
19
· Any mtntng operation ~htch ts exenpt frm the provisions of the
California S~rface Htntng and Reclamation Act of 1975 and
RIverside County Ordinance No. 555.
iiiCanetar.y, pet or hEnan.
Canmarcia1 uses, the following:
a, Anttque shops,
b,/~tmobtle servtce stations and repatr glrages vHth or
~thout the concurrent sale of beer and ~tne for off-prentses
consumptt on,
c, Bakery shops, Including bektng only ~hen Incidental 'to rata11
salls on the prmtses, ·
d, Barber shops Ind beauty shops,
e, Bars and cocktat1 lounges,
f, Btlllard and pool halls,
g, Cleantrig and dyetng shops,
h, Drug stores,
1. Equtlxnent rental services, Including rotottllers, po~er
mowers, sin(Mrs, power siws, cement Ind pllster mtxers not
exceeding 10 cubic feet fn capacity, and other slatlet
equipment,
3, (Deleted)
k, Food, meat, poultr.y and produce
markets.
1, Frozen food lockers,
m. Hardware stores.
n. Laundries and laundremats.
o. Ltqutd petrole~ servtce stations, tdth or ~thout the"
concurrent sale of beer Ind ~tne for off-prmtses
consumption,provided that tf storage tanks Ire above ground,
the total capactt.y of all tanks shall not exceed 10,000
gallons, Storage tanks shall be petnted a neutral color and
shall not have any advertising painted or placed on thetr
surface.
p. Ltquor stores.
q. (Deleted)
r. Parktrig lots and parktrig bullclings, pursuant to the
t, Professional offices,
u, (Deleted)
v. Refresl~ent stands.
w. Restaurants and othe~ eattrig establtsMents.
x. Shoe stores and repatr shops.
.y. (Deleted)
z. Stations, k'S, ratlroad and taxi.
as. Ttre sales and service.'
bb. Tourist tnfomatJon centers.
cc. Underground bulk foe1 storage.
rid.Motion houses and .yards.
Dune buggy parks.
Frutt and- ragetab1 e peckJ ng pl ants and stmf 1 ar uses.
20
Hunttag clubs,
(12) Lmnber production of a camerole1 nature, Including ca~merctaq
loggtng or canmercliq development of ttmber end 1tuber mtlls.
(13) Nachine shops·
(14) The mlnufecture of:
e. lrtck, tile or terrs-cottl.
b. Cement end cement products.
c. i~psum. .
d. Ltme or 1tee products.
(15) !knagertes end artteal hospttlls.
Pen fed earth operations, 1 yestook saleyards, livestock auctton
yards. end ditty fares.
(18) Race tracks, including but not 1trotted to contests between
lutemobiles, horses, go-carts, and motorcycles, but not tnc~udtn~
contests between I,man betrigs only.
(19) Recreational vehtcle parks.
(2C)) Rtfle. ptstol, skier, or trapsheottng
ranges.
(21) Rodeo arenas.
Trlt~er end boat storage.
(24) (Deleted)
Heat cutttng and packaging p~ants, provided there ts no
slaughtering of intma~s or rendering Of meat.
klater weql drf~l~ng, operations and*Service
(29) (Deleted)
(30) Hobtleheme parks, developed pursuant to Section 29.93 of th~s
. ordt hence.
The folloW rig uses are pemltted provided that the operator thereof
holds e hem~t to conduct surfi:e m~ntng operlt(ons tssued pursuant to
RIverside County 0rdtnance No, 555 whtch has not been revoked or
suspended,
(1) Any mlntng operation that ts subject to the California Surface
Htntng and Recitation Act of 1975.
f. Kennels and cataeries ere germttted provided they ire Ipproved
putsulna to the provestons of Sectton 18·45 of thts ordinance.
Any use that ts not spectficlqly 11said tn subsections b. end d. may
he constdured a gemttted or cond~ttonilly pem(tted use prOvtded that
the Planning Director finds that the proposed use Is substantially the
abe tn character end tntenstV as those 11said tn the designated
subscottons, Such I use ts subject to the germtt process whtch
governs the citegory tn ,htch tt falls.
k~ended Effective:
11-11-82 (Ord. 348.2104)
12-23-82 (Ord. 348.2140)
21
08-02-84
04-04-87
06-30-88
05-04-89
07-20-89
(0rd. 348.2338)
0rd. 348.2856
0rd. :
S[CTZ0N 5.2. DEVELOP~NT STANDARDS. Ifnere e structure ts erected or
use ts Bade tn the R-R Zone that ts first specifically permitted tn another
zone classification, such structure or use shell meet the evelolxnent standard~
such requirements ere hereafter BOdtfied.
One fmtly rest'dances shall not exceed '40 feet tn heSght. No other
butldtng or Structure shell exceed SO feet tn hetght, unless a hetght
up to 75 feet fo, buildings, 105 feet for other structures, or great. at
than 105 feet for b,oadclsttng Intennes ts Ipproved W,suant to
Sectton 18.34 of thts o,d~nance,
Lot Area. One-half acre, with a mtntmum average width of 80 feet,
Including the area to the center .of adjacent streets, shall be the
mtntmum size of any lot except as follows:
(1) Publlc Utilities, 20,000 square feet with a miniram average lot
width and ~_=~_~J~ .~f--ZOl~ feet,
Automobile storage space shall he provided as requtred by $ectlon
18.12 of this ordinance.
knended effecttve:
09-04-62 07-16-69
06-16-65(Ord. 348.371)06-10-70
0g-15-65(Ord. 348.391)09-23-70
01-19-66(Ord. 348.422)09-30-70
o,-31-,7ioo;..:I 08-11-.1
08-02-67
Ord. 348.638)
!(;{348.737 )
: 348.777)
(Oral. 348.783)
(Or~. 348.905)
Fomerqy Arttcie
III-renuvnhered
Art. V and Inended:
05-04.72(Ord. 348.1023)
08-09-73~Ord. 348.1189
,-3o-,, ..o.,.
06-20-74'.0 d.
r
3~.t377
07-~0-75 ~0 d.
r
10-02-75
12-10-75
02-03-77
04-21-77
04-:12-79
:11-29-79
07-02-81
11-11-82
12-23-82
05-19-83
08-02-84
10-06-89
Oral. 348.1470)
0rd. 348.1481
0rd.
Ord. 348.1588)
Dper. 01-01-80)
Ord. 348.1968
Ord. 348.2:104
Drd. 348.2140
Drd.
Orj. 348.3053)
22
ATTACHMENT NO. 8
SECTIONS 8.1 AND 8.2 OF ORDINANCE NO. 348
GENERAL ]~!~-~IDENTIAL ZONING STANDARDS
ARTICI.~ fill
n-3 ZONE {GEN[RAI. RISIDINTIAL)
The follo~ng regulations shill Ipply In sll R-3 Zones:
SECTION 8.1. USES PEtITTED.
The following uses shsll .be permitted prodded ipprovaq of I plot plan
l
she 1 first hive Hen obtained pursuant to the provisions of Section
18.30:
Any use permitted In the R-Z Zone.
Apartment houses.
Nonprofit dubs end lodge hslls.
FreterntV end sorortV houses.
Noteli, resort hotels, end motels.
Nursery schools for preschool ~lY care.
Institutions for the iced licensed by the California State
ii!Hedtcal end dents1 offices.
g Chtropractlc offices.
) Lea Offices.
(11) Architectural, engineering, Ind c~nrnuntty planning offices;
provided there tS no outdoor storlge of miterIlls, equipment, or
vehtcless Other than pusanger cars.
Congregate care rest dentl sl fact 1 ttt es.
Accesso~j buildings, to s spectftc permitted use, provided that the
accessory buildtng is established as an incident to s principal use
does. not change the Character of that use.
On-site stgns, affixed to ImIld~ng walls, stating the nm~e of the
Structure, use, Or institution, not to exceed 5 percent of the surface
area of the exterior face of the wall upon Which the Sign ts located.
d. The follo~ng uses shall be pemitted provided a conclStlonaq use permit
ts obtaqned pursuant to this ordinance:
(1) Mobilehems parks, developed pursuant to Section 19.92 of this
ordinance.
Perking area for camerctal uses.
Eventng nursery school, child care and ba~y-sttting fadltties,
~here 13 or more unrelated chtldren are kept under supervision by
RIverside County Departant of
between S p.m. and B a.m.
(5) Congregate care residential fsdlttless developed pursusnt to
Section 19.103 of this orefinance.
Planned restdonttel d;veloFments, provided a land dtvtston ts 'approved'
pursuant to the preytalons of Ordinance No. 460 and the day.leVant
standards tn Sectton 18.5 or 18.6 of thts ordinance.
f. Kennels and cart. ties are permitted provtded they are approved pursuant
to the provisions of Sectton 18.45 of thts ordinance.
knended Effective:
Z2-23-82 ~Ord. 348.2)40~
06-28-84 (Ord. 348.234~
04-04-87 Ord. 348.2669'
01-15-87 COrd. 348.2S43:
SECTION 8.2. DEVELOPI~NT STAXDARDS. The folioring standards of
develo~ent shall apply In the R-3 Zone, except that planned restcienttal
develol~ents shall comply idth the developneat standards contained tn Sectton
18.5 of this ordinance.
The mtnlmum lot area shall be 7200 square feet ~th I mtntmum average
vtdth of 60 feet and I mtntmm average depth of i00 feet, unless
different mtntmums are specifically requtred tn a psrtlcul ar area.
The mtn¶mm front end rear yards sh~11 be 10 feet for buildings that do
no exceed 35 feet tn he1 he. Any retort of I bullcHug whtch exceeds
35 feet tn hetght shill C set bacC°frm the front end rear lot 11nee
no less than 10 feet plus 2 feet for each foot by whtch the hetght
exceeds 35 feet. The front setback shill be measured frg~ Iny existth-
Or future street line as show~ on any spectf~c street plan of the
Count. The rear setback shall be measured Iron the extsttng rear lo~
1the or fr~ any recorded alley or easement; tf the rear 1the adjoans ·
street, the rear setback requlrment shill N t~ s~e as requtred for
a front setback.
c. The mintmum stde yard shall be 5 feet for bJ11dangs that do no exceed
35 feet tn height. Any pureton of a I~tldtn whtch exceeds 35 feet tn
hetght shall be set beck fra~ each stde lot ~rtne 5 feet plus 2 feet for
each foot by ~t.ch the hetght exceeds 35 feet; tf the side yl~f adjotns
a street, the stde setback requtranent shall be the sane as requtred
for I front setback. No structural encrolclnents shill be
,he ,r.,..td. o, ..r ,.d .c.pt..vtded 1, Se.,on fi. ;to'Td 1.
8
th¶s orefin·rice.
d. No lot shall have more than S0 percent of 1as'net area covered vath
twlldtngs or structures.
The maximum retto of floor area to lot area shall not be greater than
t~ to one, not Including beeanent floor area.
All bJtldtngs and structures shall not exceed 50 feet In beSght, unless
· hetOht up to 75 feet ~s specTftcally remitted under the provisions
of Sectton 18.34 of this ordinance.
42
.g. Deleted.
h. Antmobile storage space shill be provtded as requ4red ~ Section
of this ordinance.
Mended Effective:
02-¶.5-64
01-[9-66
06-07-67
09-23-70
05-04-72
06-2~-73
09-23-73
05-30-74
22-20-75
04.22-79
03-16-82
22-23-82
08-29-85
~Ord, 348.25~)
.Ord. 348,422
~rd. 348.920)
Ord. 348.2202
Ord.
Ord. 348.2688)
Ord.
Ord. 348.25~02
ATTACHMFANT NO, 9
SECTIONS 18.5 AND 18.6 OF ORDINANCE NO, 348
STANDARDS FOR PLANNING RESIDENTIAL DEV~.I.OPh,IENTS &
PLANNING RESIDENTIAL DEVELOPMENTS - SENIOR C1T~Z~..NS
SECTION 18.4. 5PEI:;I~ 51~JDZES ZONES - GEOLOGIC REPORT REQUIRE~NTS.
a. In addltton to the requ~rments of this ordinance, I~ applicants, fo~
e speclftc plan of lend use, con~ttonal use pemtt, public use peruft.,
p~ot plan or aevelopment Jan or certificate of occu anc el for
, ef .ed Or n,. e i o.
·wqthln a
spaeta1 sl~dies zone delineated by the State ecologist pursuant to
$ectlon 26Zl et seq. of the Pub~tc Resou~cas Code, shall camp~y ~lth
411 Of the Irov~stons of Riverside County Ordinance NO. 547, and no
;emtt or spprovaq subject thereto shall be granted except tn
accordance ~th the Irovtstons thereof.
· b. No application subject to the provisions of thts sectton shall be
considered as cam leted for tiltrig, end the time limitations for
processing an app~t'Cetton shall Rot beg~n to ~un, unit1 ell
requt rments uner Ordinance No. 547 have been cemplet. ed.
SECTION 18.5. $TA!iDARDS FOR PL/INED RESIDENTIN, DEVELOP~NTS. Planned
~estdentlal evelopments shall be constructed tn accordance ,qth the
heretnafter 115ted requtrenents. In adftton thereto, planned rest~entla~
developments shaql be subject to, and sball cmply vith, such addtttonaq '
conditions and requirements as are datemined to be necessa~ tn approv~n9 the
development to make tt cmpattble ~dth the cmuntt~ tn ~htch tt ts proposed to
be located.
A su bdl vt 5t on map, prepared substent1 ally t n accordance ~ th the
conditions of approval thereof and the ~equt~ents of thts
section, shall be recorded pursuant to Ordinance NO. 460.
(z)
DENSITY, OPEN AREAS AND HEIGHT LIMITATIONS. Not less than 40~ of
the net a~ea of a project shaql be used for open area or
recreattona~ facilities, or a combination thereof. The net area
of a pro~ect shall be eremined by excluding a~l streets, dr~ves
end automobile storage areas. The totaq rimboP of d~elltng untie
in a pro~ect shall not exceed that ~htch ~uq d be perutired If
the project ~ere a standard lot deveqopment. The hetght of
buildings shall not exceed that ~htch is perutired tn the zone In
~htch the project is located. The maxtram perutired danst~ and
height limits may be reduced !f It is liemined to be necessar~
for a p~anned development to achieve cmpattbllt~ ~th the area
in e~tch the evelopment is located.
(3)
YARD SETBACKS. Building setbacks fran a IroJect's exterior
streets and boundary lines sha~l be the sine as those prescribed
by the zone tn ehtch the project 15 located. 2n no case sha~l
such building setbacks for any pro3ect be less than those
prescribed tn the R-3 Zone. The mintram building setback frm
triterlot rives shall be ten feet.
(4) STREETS. Streets, ~htch m~y be petaltied to be Irtvate, sha~l be
requt red t n accordance et th the provisions of Ordtnance No. 460.
, :
249
(5) RESZDENTZAL ST~IJCTURES. The rimher of dwelltrig untts tn one
buildtrig shall not exceed t~o tn the R-Z Zone and all other zones
that pmmtt planned residential developments as an R-I use, or
etght de111ng untts tn one buildfng tn the R-2 and RoZ-A Zones.
The rimher of dwelllng units tne butlelng tn the R-3 Zone and
all other zones that pemlt planned residential developments as
an R-3 use shall not exceed that peat trod by the R-3 Zone
development standards. Residential buildings shall have a
mintram ground floor 11vtng area of 1000 square feet and each ..
dwelltrig untt In e build( shell hove the mtntmum floor 1tying
area requt red by Sect1 on .1rig. :1Z of thts oral1 nonce.
RECREATTONAL BUZLDINGS. Recreational, public assmbl~ and
slatlet buildings maY he pemttted ~thtn a project tf theY are
tntended for the prtmary use of persons restdtng wtthtn the
project and are located so as not to he detrimental to adjacent
properties.
(7) NAZNTENANCE OF CONIN AREAS. A community association w~th the
unqualified rtght to assess the owners of the dwelltrig units for
all maintenance, operational and other costs of the cmmon areas
and facilities and the cemmunt association shall be established
and continuously maintained. Re association shall have the
rtght to lien the units of the owners who default tn the pennant
of thetr assessments. The assoctatton's 1ten shall not he
subordinate to any encmbrance other than a deed of trust or
mortgage made tn good faith and for value which ts of record
prior to the recorderton of the 1ten of the association. Prior
to recordatton of the final subdtrlston map, the developer shall
submit for approval the declaration of covenants, conditions and
restrictions for the project. The approved declaration shall be
recorded at the time of the recording of the ftnal subdivision
map.
(g)
TRASH AREAS. Adequate enclosed trash pickup areas, convenient to
the residents which they are tntended to serve, shall he provided'
t n the project.
SCREENING. A six-foot high masonry wall shall he constructed on
any project boundary 1the where the adjacent property is zoned
for a lower residential densiV than that zone in which the
project is located.
(10) iALKWAYS. FIve-foot w~de paved pedestrian walbaYs shall he
Installed between the dwelling units Ind the recreational areas
of the project.
(11) ACCESS. Vehicular access opentngs into a project shall he
limtted to one for each 400 feet of public street frontage;
however, al 1 projects she11 be prom1 tted bwo access dr1 ves
regardless of the mount of frontage.
150
PARKZNG. Autemobtle storage space requtred shall be as
determined st the t~me of tssuance of the con~ttonal use permit;
however, In no event shall there be less than 1.5 parking spaces
for each one hodroe~ untt end not less than 2.5 spaces for each
untt ~thtn t.o or ere bedruems. The requtr~d parktrig spaces
shall be protided entirely vlth the davelopment. Public street
perktrig and SenNa parking shall not be counted (n this
requt re, ant.
SECTION 18.6. PLANNED RESIDENTIAL DEVELOPENT$ - SENTOR CzTZZENS.
(2)
lihen ~t ts proposed by an pl$cant that occupancy of a planned
rost dent1 al bevel oFeent belVtmt ted to sen~ or ct tt zens, the
ippqtcatton for the lend dlvts(on shell ~nclude the statement
that the development ts proposed to be limited to a Senior
C~ tt zen Rest dartS1 el Dave1 opeent.
Senior Ctttzen Planned Residential I)evelopments shall be
constructed tn accordance etth all of the development
requtrments of hctton 18.5, except as modified herein:
a. DESIGN. The overall development shall be rest gnarl for ease of
use b~ persons of edvanced age. Not less than one accessible
route for the handicapped to all on-site flctllt~es shall be
provided. there publtc facilities exist, such as bus stops,
st dewaqks and drop-off zones, accessible routes for the
handcapped Shall be provided.
LOCAT%ON. Developments shall be located In areas ~htch offer
services to the aged, such as transpertatton, shopping,
recreation and nutrition progrems~
c. ELEVATORS. No bull~tng shaql be constructed that exceeds one
stor~ in height unless tt contains elevators for the use of
the occupants. Residential bu(ld~ngs vhtch exceed one stor~
shalq provtde additional eqevators (f they ere needed due to
the rimher of units or project design proposed. Elevators
shall be spaced tn order to m~ntmlze the ~elktng titstance
frm the elevators to the residential untts.
d. RECREATZON. Cawnon rocreattonal fectl~ties or buildings
restgnarl for sent or ctt(zen use shall be prov(ded for the use
of the occupants.
e$
HEDICAL. Nedice1 offtees and convalescent factlltSes, not
~ng hospitals, m~ be required for the use of the
occupants.
PARK/NG. The rimbet of requtred ~utmob(le storage spaces
s"t;;TT'Ee datemined tn accordance w~th Section 18.12 of thts
ordinance at the time of the approval of the project;
however, n6tdithstanding anY provision in this ordinance to
the contrary, I twenty perGent reduction in the total nmber
of required vehicle parking spaces for residential purposes
me), be allowed if Ipproprtate, end in ~ddittonal five percent
reduction maY be allowed if the applicant proposes
alternative senior citizen transportmtton progrms; however,
in no case shall the reduction of parking spaces exceed 25
percent of the total spaces required by $~tton 18.12 of this
ordinance. Public street parking and tend, pa-ktng shall
not be counted in this requirement. All required parking
spaces shall be located entirely wi'thtn the development,
accessible'to the units which they serve, and no parking
space shall be located more than 150 feet fna~ the unit it is
designed to serve. Parking require,has for other facilities
within the develapment shall be subject to the provisions of
Section 18.12 of this ordinance and may not he reduced.
HANDICAPPED PARKING. Not less than ten percent of the
required parking spaces she11 be designed and designated for
use by the handicapped. Handicapped parking spaces shall be
distributed evenly throughout the parking areas.
AGE RESTRICTIONS. The covenants, conditions and restrictions
for the development shall require that each permanent
resident in each dwelling unit shall be 55 years of age or
over.
HANDICAPPED UNITS. At least ten percent of the residential
units shall be adaptable for the handicapped. Those units
shall meet the standards set forth by the Depari:nent of
Housing and Community Development, Title 24, Part II of the
California Adeinlstrative Code.
Amended Effective:
06-2B-84 (Ord. 348.2341)
SECTION 18.7. ZONING FOR SENIOR CITIZEN DEVELOPHEarTS. Whenever a planned
residential develoment for senior citizens has been constructed pursuant to
Sections 18.5 and 18.6, or, whenever the Board determines that an area should
he considered for senior citizen zoning, the mrea maY be set for hearing
pursuant to the provisions of Section 20.1, et seq., to consider zoning that
would limit the occupancy of dwelltng units within the area under construction
to the heretnafter listed minimum ages.
Whenever the zoning s)mbol in m zone classification on any offtctal zoning
plan map is followed by the initials "S.C.D." (Exmple: R-1-S.C.D.), each
dwelling unit in the area so zoned, that is occupied, shall he occupied by at
least one person not less than 50 years of age and no person under 18 years of
age shall permanently reside in any dwelling unit in the-zoned area.
152
ATTACHMENT NO. 10
SECTIONS 19.101, 19,102 AND 19.103 OF ORDINANCE NO. 348
CONGREGATE CARE FACILITIES STANDARDS
ARTICLE XIXd
CONGREGATE CARE RESIDENTIAL FACILITIES
SECTION 19.101. INTENT. It is the intent of the Board of Supervisors in
adopting this Article to provide alternative housing opportunities for those
persons capable of independent living who ~ not need the level of care
provided at convalescent facilities. The Board fins that this Article will
provide needed housing for those persons who have been identified as impacted
groups by the Housing Eloment of the Comprehensive General Plan. The Board
also finds that this Article wrlll provide a standard'for distinguishing between
congregate care residential facilt ties and other mu1 ti-fomily uses.
SECTION 19.102. DEVELOPHENT STANDARDS. The following standards of
development shall apply for congregate care residential facilities.
a. ~. The allowable density for a project shall not exceed the
density permitted by the unperl~ng zoning classification or the
applicable General Plan Land Use Category, whichever is less.
b. Location. The project shall be located in accoraance with all
applicable developmental and locational guidelines under the
Comprehensive General Plan and shall be located in those areas
which offer appropriate services for the residents of these
facilities, including necessary medical, transportation, shoppin;,
recreational and nutritional progrms.
c. Elevators. No building Shall be constructed that exceeds one
story in height unless it contains elevators for the use of the
occupants. Elevators shall be spaced in a manner which will
minimize the wal king distance frm the elevators to the
residential units.
d. Dwellinq Units.
1. The net livable area for each unit shall not be less than 4DO
square feet for an efficiency unit, 550 square feet for a
one-bedroom unit, and 700 square feet for a two-bedro~ unit.
2. Not less than four percent of the residential units shall be
'accessible for the handicapped, and all other units shall be
adaptable for the handicapped. The hanaicap units shall be
distributed equally throughout the project. All han~ cap
units shall meet the standards set forth in Title 24, Part II
of the California Aministrative Code.
3. Kitchenettes may be hermitted provided that they are sized to
meet the immedi ate needs of the occupants of the unit.
4. No more than thirty percent of the units shall be efficiency
untts.
e. Hallways and Walkways..Hallways should be kept to a minimum
length to avoid the appearance of an ov~r~lzed home or an
institution. Five-foot wide paved pedestrian walkways shall be
installed between the dwelling units and the recreational areas of
the project. All hallways and pedestrian walkways shall be
maintained with a minim~ of five feet of unobstructed width and
280
adequate vertical. clearance to provide unobstructed walking
capability. Not less than one accessible route for the
handicapped to all on-site facilities shall be provided. Hallways
shall be designed to acc~,,~,odate the use of walkers, canes or
other mechanical assistance.
f. 0 n Space and Recreation Facilities. Not less than forty percent
o~ethe net .
area of the project shall be used for open space,
recreationaq facilities, or a combination thereof, Not less than
twenty-five percent of the required open space area shall be used
for active recreational facilities, such as pool, spa, tennis, and
'gardening by residents. Recreational, public assombly and similar
bull · rigs may be pemitted.wtthin the project if they are intende.d
for the primary use of persons residing within the project and are
located So as not to be detrimental to adjacent properties.
Yard Setbacks. Bull dang setbacks from a project's exterior
streets and boundary lines shall be the Same as those prescribed
by the zone in which the project is located; however, in no case
shall such buil~ng setbacks for any project be less than those
prescribed in the R-3 Zone. The minimm building setback for
interior drives and parking areas shall be ten feet.
Buildinq Heidht. The height of buildings shall not exceed that
which is permitted in the zone in which the project is located.
The maximum permitted height limits must be reduced if it is
determined to be necessary for a planned development to achieve
compatibility with the area in which the development is located.
Trash Areas. Adequate enclosed trash pickup areas, convenient to
the reSiaentS which they are intended to serve, Shall be provi de~
in the project. Trash areas will be screened by a six-foot high
decorative block wall.
Screeninq. A ~ix-foot high decorative block wall shall be
constructed on all project boundary lines to provi de adequate
security and privacy. The exterior side of all block walls shall
be coated with a protective coating that will facilitate the
ramoval of graffiti.
i in accordance with Section 18.12 of this ordnance
at the time of the approval of the project; however,
notwithstanding any promsion of this ordnance to the contrary, a
twenty percent reduction in the total rimbar of requi red vehicle
parking spaces for residential purposes may be allowed if
appropriate, and an add· tadhal five percent reduction may be
allowed if the applicant proposes alternative senior citizen
transportation programs; however, in no case shall the reduction
of park· ng spaces exceed twenty-five percent of the total spaces
required by Section 18.12 of this ordinance· Public street
281
parking and tande~ parking shall not be counted in this
requirement. All ~equired parking Spaces shall be located
entirely within the development, accessible to the units ~nich
they serve, and no parking space shall be located more than 150
feet from the unit it Is ~esigned to serve. Parking requirements
for other facilities within the developant shall be subject to
the provisions of Section 18.12 of thts ordinance and may not be
reduced. Not less than ten percent of the required parking spaces
shall be designed and designated for use by the handicapped;
provided, however, that there shall be at least one designed
designated handicapped parking space provtded for each handicapped
resident. Handicapped parking spaces shall be distributed evenly
throughout the parking areas.
1. Access. The number and location of vehicular access openings into
a project shall be as specified by the Road Commissioner.
Projects must be located on a street with a minimum 66-foot
ri ght-of-way.
m. Supportive Services. Services that support the residents shall be
provided. At a minimun the following services shall be provided.
1. Laundry Facilities. One (1) washing machine and dryer shall
be provided for every twenty (20} rooms.
2. Housekeepin; and Linen Service. At a minimum, weekly service
shall be provided.
3. Con~nunications. A "panic button," intercorn or other similar
device shall be provided in each room so communication with
the central office/security desk is available.
4. Central Dininq. A central dining room shall be provided. The
size of the room shall be sufficient to accommodate all of t~e
residents. The minimum room size shall be the product of the
proposed maximum number of residents in the facility
multiplied by five square feet per resident; however, in no
instance shall the central dining room be less than 35D square
feet.
5. Hiscellaneous Facilities. The following services are
permitted within a Congregate Care Residential Facility
provided they do not exceed five percent of the total buil ding.
of the facility.
la) Barber and Beauty Shops.
b Religious Facilities.
(c) Commercial uses that are compatible with the proposed
use and provide a service to the residents. Such uses
may be open to the general public.
n. Public Transit Access. A public transit turnout shall be tncludeO
within the project's
SECTION 19.103. DEVELOPHENT STANDARDS - INCREASED DENSITY.
.. A d.nsity t.cr..s. of SO, over ,her permitt.d i. S.c,ion
) above, unless otherwise limited by a Community Plan, may
be permitted if the project meets the following additional
gui del ines.
Z82
Area Services. The folloWrig services must be located kdthin
the following prescribed distances:
(a)
(b)
(c)
Neighborhood Shopping Center: Z/2 mile,
Recreation Facilities w~th meritties designed for the
el deNy: 1 mile.
Hospital Facility: 20 mtnutes by public or private
transportation,
Nedtcal Services (Doctor/Dentist): two miles, Nedical
services shall mean the promsion of heal th care by
licensed practitioners at fixed locaUons cluring Standard
office hours.
(e) Emergency Services .(Ftre/Parmedic): five minutes by
energency vehicle,
if) Community Services (Soctal, Educational, etc,): two
miles.
(9) Hass Transit Facility:
(1) Ifa reduction in the required parking spaces is
requested then the facility must be located w~thin
150 feet of the project.
(2) If a reduction in' the required parking spaces is
not requested, then the facility must be ~tnin
1/2 mile of the project unless transportation is
provided by the facility.
Project Desi n. Projects proposed under this section shall
meet the folVowing requirmnents, in addition to all
requirements of Section 19.102(c) through (n).
a. Open Space.
(1) Private Open Space. Each unit shall be provided with
private useable open space. Patios shall be at least
1DO square feet in area. Balconies shall be at least
BD square feet in area.
(2) Cu,~,on Open Space.
(a) Not less than forty-five percent of the net
area of a project shall be used for cm:non open
space. Not less than twenty-five percent of
the required cmmon open space area shall be
used for active recreational facilities, such
as pool, spa, tennis, and gardeni ng by
residents.
(b) Indoor recreational/leisure space shall be
provided in the fom of a multipurpose or
recreational room. The size of the room Shall
be based on the ratio of 15 square feet of
floor area per unit provided. In no instance
shall the room be less than 1,ODD square feet.
b. Access. The rimbar and location of vehicular access
openings into a project shall be as specified by the
Road Commissioner. Projects must be located on a
street with a minimum 66-foot right-of-way, within
15D feet of a mass transit facility, or must provide
appropriate transportation for residents.
283
Densft . A denstty tncrease of tO0 percent that permitted in
~ Zg.102(a) above, unless over
other~i se by a
limi ted Community P1 an,
may be permitted if the project meets the following additional
gui del ines.
1. Area Services. The following services must be located within the
fol 1 owing prescri bed dt stances:
a. Neighborhood Shopping Center: 1/4 mile.
b. Recreation Facilities with amenities ~esigned for the elderly:
1 mile.
.c. Hospital Pacility: 20 minutes by public or private
trans portati on.
d. Medical Services (Doctor/Dentist): one mile. Medical services
shall mean the provision of health care by licensed
practitioners at fixed locations during standard office hours.
e. Emergency Services (Fire/Paromedic): five minutes by a~ergency
ve hi cl es.
f. Community Services (Social, Educational, etc.): one mile.
g. Hass Transit Pacility:
(1) If a reduction in the required parking spaces is requesteC
then the facility must be located within 15D feet of the
project.
(2) If a reduction in the required parking spaces is not
requested, then the facility must be within 1/4 mile of
the project unless transportation is provided by the
faci 1 i ty.
2. Project Desiqn. Projects proposed under this section shall meet
the following requirments, in addition to all requirments of
Section 19.102(c) through {n).
a. 5p.ce.
Private Open Space. Each unit shall be provided with
private useable open space. Patios shall be at least
100 square feet in area. Balconies shall be at least 8;
square feet in area.
(2> ci . to Jss t...fifty perc.nt of th. n.t .r..
project shall be used for common open space. No
less than twenty-five percent of the required common
open space will be used for active recreational
facilities, such as pup1, spa, tennis, or gardening
by resi dents.
(b) Indoor recreational/leisure space shall be provided
in the form of a multipurpose or recreational room.
The size of the roan shall be based on the ratio of
15 square feet of floor area per unit provided. In
no instance shall the room be less than 1,OOO
square feet.
Access. The n~rnber and location of vehicular access openings into
a project shall be as specified by the Road C=issioner.
Projects must be located on a street with a minimum 66-foot
right-of-way, within 15D feet of a mass transit facility, or must
provide appropriate transportation for residents.
284
An increased ~ens~ty project must be located a Dinannum · stance
fr~ any other increased density project equal to the product of
the number of units of the larger project multiplied byS0 feet;
provided, however, that in no event shall the minimum distance
between any two increased density projects be less than i,320
feet.
SECTION 19.104. RESTRICTIONS.
a. The development shall be open to those residents who are capable of
demonstrating the mental cumpetence and physical ability to leave a
buil~ng without assistance of any other person.
b: The project proponent shall not provide any service which would requi re
a license to be issued by the State of California. This includes, but
is not limited to, the following:
1. Assistance in dressing, grooming, bathing and other personal
hygiene;
2. Assistance with taking-meditation;
3. Central storing and ~ stribution of meditations;
4. Arrangement of and assistance with medical and dental care; and
5. Maintenance and supervisa on of resident mona es or property.
Added Effective:
1-15-B7 (0rd. 348.2643}
285 "
Ai-fA~ NO. 11
SCHOOL DISTRICT r,~'rf~K
TEMECULA VALLEY
Unified School District
SUPERINTENDENT
Patricil B. Novotney, Ed.D.
BOAIRD 0r EDUCATION
March 9, 1992
The City of Temecula
Planning Department
43174 Business Park Drive
Temecula, Ca. 92590
Attention: Saied Naaseh
Subject: Change of Zone No. 21, Tentative Tract Map No. 27314
We would like to take this opportunity to address the above referenced Change
of Zone and Tentative Tract Map submitted by the Linfield Christian School.
This project consists of 50.4 acres subdivided into a nine (9) hole gold course
and a senior citizen housing and nursing complex.
We are very concerned about the compatibility of this project due to its location
next to the Temecula Valley High School complex. This complex consists of
the football stadium and other athletic fields, tennis courts, and the main
campus. The football stadium experiences heavy usage throughout the daytime
and evening hours, and is contiguous to the proposed development. During the
day, it is not uncommon for the high school to host pep rallies for the entire
student body (over 2,000 students), as well as other activities which in the
past have included U.S. Armed Services helicopter landings and "rock" 'bands.
Evening activities include home games for the Temecula Valley High School
football team, which will now increase in frequency and attendance size due
to the reconfiguration of the league. Other athletics such as track and field
competition and related sports are also common during daytime and evening
hours: This stadium receives intensive use by the community, which includes
football, soccer and related events. The noise level and bright evening lights
from this stadium will adversley affect the quality of living for the neighboring
project.
The newly constructed tennis courts are due for installation of coin operated
lights, and will be open to the community after school hours. These lights will
contribute to the evening lighting situation which may also have a negative
impact on this project. It should also be noted that the School's public address
31350 Rancho Vista Road / Temecula, CA 92592 1 ('/14) 676-2661
system is audible from the proposed development's site, and this system is
utilized throughout the school day.
Therefore, due to the extensive use of all of the high school's facilities
throughout the year by both the school district and the community at large, we
feel that the above referenced project is incompatible. Although we will not
oppose this project, we would like to state that under no circumstances will we
accept any responsibility for the impact- our stadium, tennis courts and other
related facilities will have on the neighboring senior housing and nursing
complex, nor will we conform to any demands made in the future should any
of these facilities become an .issue with this development. We also request that
a full disclosure be made to any prospective buyer or renter of this proposed
project that the above referenced conditions exist, and that these conditions are
not subject to mitigation.
Thank you for your time and interest concerning this matter.
T~e~Valley Unified School District
Dr. Patricia Novo~tne
Superintendent
PN/bk
ATTA~ NO. 12
ARTHUR ANDERSON STUDY
DEVELOPMENT PROGRAM RECOMMENDATIONS
l)~v.~,.Ol~'l~!T FEOGRIM R~CO!%-u~uATIOIB
IX-3
Patio Residential
Congregate
Skilled Nursing/
Personal 'Care
Golf
Senior Center
. Total
T~RTX IX-1
Master Plan S~mary
Litfield Site
UNITS itCRES un~fS FEE AC~E
240 30.34 7.91
200 . 6.75 29.63
78 1.81 43.09
N/A 11.29 0.00
N/A 2.49 0.00
518 52.68 9.83
Source: Albert A, Webb & Associates, Larry Vesely Architects;
Arthur Andersen Real Estate Services Group.
The master plan encompasses 52.6 acres which for design purposes has been
segregated into five pl~--~-~ areas corresponding to the different uses
included. Pl---ing Area I, designed for active adult patio/tovnhome products,
has 30.34 acres, vkile Planning Area II, designed for the congregate care
living faGlilt-y, has a total 6.75 acres. The slcLlled nursing/personal care
facility has been pl--ned on 1.81 acres in Pl---ing Area Ill, wMle the golf
course encompasses 11.29 acres in Pl-n-ing Area IV. Finally, the senior
connnunity Center viihit Pl---ing Area V has been designed on 2.49 acres. A
total of 518 dvellin~ units are included in the master plan, yielding an
overall density of 9.83 units per acre.
Active Adult Patio/Townhomes and Golf Cours~
pl---4ng Area I includes 240 patio/to~xhomes clustered in duplex and fourplex
structures, (See Table IX-2). Each u~t= has been designed with a rear patio
which opens up to either open space or golf course frontage. Tornhome units
have bee~ p~sced st ~he interior of the fourplex clusters to allow for second
floor or loft Vindow opportunities, vhich is a insJot msrkettng issue for these
~q~es of ~nits vith pstio ~m~ts positi. oned at the end of clusters. Fou~plexes
hsve been clustered in ~he vicinity of golf course greens so ~hst prime golf
course Views comp---ate for higher d'n"ities vith respect to pricing and
Four to five floor pl--- are recommended for the development, vith an averaZe
unit size of approximately 1,150 square feet. An avera2e base price of $105 per
square foot in 1992 dollars is thouSht to be s~h4evable wi~h an averaSe unit
premitun of $10,000. The recommended phasin2 plan calls for three increments of
development, each with 80 units and constructed in successive years from 1993 to
1995. Nontthty absorption is estimated at five to sight units. A 5,000 to 6,500
square foot recreational facility should be the centerpiece of the communiVy
offerin~ a range of exercise facilities alon~ with activity rooms for billiards,
cards and related activities.
The 2olf course associated with the development is a small nine hole desi2n.
Achievable daily 2ree~s fees in 1992 dollars are estimated at J8 per round with
a J272 ---ual fee, which is a lS percent discount from daily 2teens fees
asstunin2 40 rounds s--Uall~. This m~-~al fee is recommended as a discount
proZram to homeowners within the commmit~. A 1,200 square foot pro
shop/starter facilit~y is recommended for the course. No food or beverage
facilities are recommended for incorporation in the starter facility based on
its proximity to residential units.
Although ve have not completed any market investigations with respect to the
potential performance of the course. we believe that it is a community amenity
which viII produce si~ntficant value. Even as a small course it provides the
community with enhanced marketability to a target market which is keen on
recreational activities and lifestyle and alloys.the project to compete
effectively with other competitive communities offerin2 a similar amenity. In
addition, the course produces substantial financial returns for the project by
allovin~ frontage premiums for ~he patlo/townhomes aside from the operati~
revenue generated b~ the course itself.
Cor~re~ate Care Livinz Facility
A 200-unit ConZregate Care Livin~ Facility has been dest2ned in P]-n-~ng
Area II, (~ee ~able IX-3), with the unit mix of 40 studto units, 80 1-bedroom
units, 80 2-bedroom units and a common area of 2S,000 square feet. The avera2e
studio unit size in the project has been designed at 420 square feet, while the
average 1-bedroom is 6S0 square feet. Units with 2-bedrooms have beem desi2ned
DEVZLO~E1VI pROCRAN ~C01e~DATIONS ~
at 1,000 sqhare feet. Common area features in ~he project are recommended t'
include kitchen facilities of approximately 1,000 square feet, dinix~ facllit.~s
wi~lx seatin2 capacit~y of 130 interior seats and exterior patio 25 seats.
Recreation facilities should include: activity rooms for cards, television,
library end billiards~ service facilities such.as a beauty salon, barber shop
end convenience store; an exercise facility, a pool/spa; and men's and women's
locker rooms.
AchieVable monthly rental rates ~xpressed in 1992 dollars are estimated at $998
per month for studio units, Jl,500 per month for 1 bedroom units and j2,037 for
2 bedroom tubits. An achievable double occupancy fee is at $475 in 1992
dollars. Stablized occupancy has been projected at 90 percent, occurrin2 in
1996. The recommended service package included in the monthly rental fee is 45
meals per month, weekly maid a~d linen service, unit medical alert systems,
uttli~ies and scheduled tr~-~portation.
l'X-8
:13:-3
p].m,m4~ ~rem II
Congregate Care Liv~s Facilit~y
Developersit Pro2,rsm leconsmndations
. i of Unite
200
AvertZeUnit Size - Studio
.- 1-Bedroom
- 2-Bedroom
Un~tKtz - Studio
- 1-Bedroom
- 2-Bedroom
Rental Rates (1992) - Studio
- 1-Bedroom
- 2-Bedroom
- Double Occupancy (additional)
420 sq. ft.
650 sq. ft.
1000 sq. ft.
Units Percentaze
40 20.OX
80 40.OZ
80 40.0%
~on~hlv Per So. Ft.
$ 99S $ 2.37
1,502 2.31
2,037 2.04
475
Stabilized Occupancy
Stabilized Year
Service PackaZe Included in Rental Fee: - 45 Meals Per Month
- WeeldyMaid and Linens
- Unit Medical Alert Systems
- Utilities
- Transportation
Co~souAreaFea~ure8
Marketin& Office
Eitchen Facilities
Dinin& Facilities
Lounie/Card Room
Exercise Room
Salon and Barber Shop
Library
T.V. Room
Administrative Office
Convenience Shop
Mail Room
Billiard Room
Pool/Spa
Men's Locker Room
Women's LoCker Room
?arki332 (Joi.nt vith skiBled nurs4~ facility)
90.0%
1996
25,000 eq, ft,
1,000 sq. ft.
155 seats
175 spaces
DEVgLOFMENT PIIOGRAM ~ECO~x~nuATIONS
Skilled Nur~i--/Personal Care Facilitw
A 50-bed skilled nursing facilit7 linked tolether with 50-unit personal care
facility is recommended in P]--~tng Area III, (See Table IX-4). The linkage
between the two facilities is a 12,200 square foot common area designed for
administrative offices, a dining facility with 60 seats, kitchen facility of
about 600 square feet, a lounge/TV room and a library. The skilled nursing
facility is recommended to have 6 private rooms and ~ semi-private rooms. The
average size of both the personal care ~ts and the skilled nursing rooms are
estimated at 400 square feet.
The achievable average monthIF service fee for personal care units is estimated
at J2,055, while skilled nursing rates for private and semi-private
accommodations are estimated at $125 and 3100, respectively (1992 dollars).
Based on the occupancy characteristics of other facilities, an occupancy mix ~
the proposed facility has bean estimated as 50 percent private insurance, 37
percent MediCal end 13 percent Medicare. Stablized occupancy has been projected
at 90 percent for the skilled nursing facility and 85 percent for the personal
care facility. The first stablized year for both the personal care facility and
the skilled nutsin& facility is projected to be 1996.
DIsvK~-OI~"RT PXOC;J,.N
21tlled ]lu~sin~ersonal Care Facillry
llumber of Skilled Huzsinl Beds - Private
- Semi-Private
]lumber of Perso~tl Gaze Units
Average Unit Size
- Personal Care
- Skilled Nutsin2
Skilled leuzs4~ Daily RaCes (1992) - Private Room
- Semi-Private 2oom
Personal Caze Hon~hly Serrlce Fee (1992) - - Slngle 0ccupanc7
- Double Occupancy (additional)
Skilled Huzs{-[ 0cu,vancyMtz - Private Insurance
- MediCal
- MediCare
Stabilized Occupancy - Skilled Nutsin&
- Personal Care
Stabilized Year
C~--__,GnlremFemtures
- Ad~nistrative Offices
- Dinill& Facilities (60 seats)
- r, ltcheR~Facilities (1,000 sq. ft.)
- Lo~e Area/T.V. Room
- Library
50
6
44
5O
400 sq. ft.
400 sq. ~t.
$125
95
$2,055
$4so
50~;
37~
13~
90~
85~
1996
12,200 sq. ~t.
-,.-
b~vr~OPtqsL'NT PROCRAM I~RCO!,eq!~I)ATIOIqS ~.~..~
FZ-11
Senior-Oriented Communitw Center
A 2.49 acre parcel on the site has been se~ aside for development as a senior-
oriented conmunity center. It is assumed ~hat this parcel viII be deeded to and
developed by the City ~f Temecula. Conversations vith individuals in the Ci~'s
parks end recreation department iden~ified the connnunities of Irvine and Rencho
Bernardo as hayin2 model facilities and proZrams. As part of .our market
analysis we conducted a survey of the centers in these communities as veil as a
number of others.
In Zeneral, the facilities r~ed in size from approximately 10,000 to 15,000
square feet, situated on betveen 1 and 2 acres. Typically, a center consists of
a large multi-purpose room, card room, library, kitchen, and administrative
offices. In some facilities there is a conference room or larger auditorium as
veil.
The centers provide a wide array of recreational proSrams and activities in
addition to a daily hot lunch program. These activities include card clubs,
educational classes, exercise classes, doctor screeninSs, legal advice, and
shoppin& end site-seetn& excursions. The facilities provide services to betveen
100 and 250 seniors daily. Facilit-y profiles for those senior centers surveyed
follows.
e
Basic Features
SUBJECT TOs ;GE
IRVINE SENIOR CENTER
Irvine, CA
SummaW of Services
Nov-91
Operating Hours: 8:00am - 5:00pm M-F Cornact Person: Jan Calhoun
Size: Approximately 2 Acres Telephone Number: 714/724-6800
Building: 11,000 SQ FT Address: 3 Sandburg Way
.. . Single Stow . Irvine, CA
Year Built: 1978 {Culver & Sandburg)
Recreational Facilities
The structure consists of 2 offices for the full-time personnel and 1 office for the staff; a conference room;
a card room with an approximate capacity of 110 persons housin 10-12 card Tables seating 4 persons
each; a multi-purpose room with an approximate capacity of 175 ~ersons; a libraW; a full service kitchen; and
a ballroom with a stage.
Recreational Programs/Actlvitlas
Programs Coordinated with Local and State Programs
City-Sl~onsored TRIPS Program
OutTeach Program.
Live Bands Playing Big Band-Era Music
Language Classes
Relaxation Classes
Aerobics
Bit[lards
Bingo
Cards
Board Games
Food Services
The center offers a daily hot lunch meal program serving approximately 40 persons daily.
The price for the meals varies with age (i.e., Senior / Nonsenior) and hot verses cold.
Comments
Last year, over 100 volunteers donated more than 25,000 hours, In addition, much of the equipmere and
furniture used by the center are donated, The stating vades as the number of seniors and the number
of programs offered varies. Another source of funds la through real income for the use of some of the
facilities for weddings, receptions, meetings, workshops, seminars, classes, etc.
Basic Features
Operating Hours:
Size:
Building:
Year Buil~:
., 8:30am - 4:30pm M-F
Approximately 1 Acre
· SQ FT Not Available
Single Stow
1989
Contact Person:
Telephone Number:
Address:
Francis Bass
619/487-9324
18402 Bernerda D.
Rancho Bernerda, CA
92127
Recreational Facilities
The rd'ucture consists of approxim.~tely 6 offices, 3 of which belong to ~e senior center for the
Director, Office Manager, and Staff; a large multi-purpose room (hall) with in approximate
capaciW of 130 persons; a smaller multi-purpose room (hall) with in approximate capicily
of 30 persons; a patio for certain outdoor functions; a small computer room; a small khchen with basic
appliances; a separate privately-owned lawn-bowling faceliter; and a separate privately-owned Tennis
court fqciilt~,.
Recreational Programs/Activities
Dances
Cards (Bridge, Pinnode, Etc.)
Fund Raising Events (Bake Sales, Walk-a-thons, Etc.)
Excercise Classes (Aerobics, Karate, Etc.)
MadScare Consultation
Widow / Widower Group Meetings.
Travel Club ( Small Trips)
Educational Cissses (Writing, Geography, Etc.)
Food Services
No Daily Services
Pot Luclcs and Picnics are Common
Fashion Shows
Bingo (Fridays)
Computer Classes
Legal Advice
Doctor Screenings
Lawn Bowling
Tennis
Comments
Employees:
Full-Time Director
Full-Time Office Manager
Part-Time Maintenance Assistant
Part-Time Representative Provided by Adult Protective Services
Varying Pan-Time Staff Depending on the Daily Activities
This is a very active senior center with daily visits approximating 100-200 persons. There are approximately
100 regular volunteers providing over2,000 hours of service per year. Staff and volunteers put out a
monthly newsletter / calendar to all members. The local Chamber of Commerce disuibums limited copies
of the newsletter, and all others ale mailed to the members only. The center receives no funding from
the city and minimal funding from the state. It relies mainly on limited donations, extensive fund-raising,
and periodic hall rentals. The center is 2 y~ars old and has approximately 1500 members. The centar's
equipment and furniture are both donated and purchased,
'4
Basic Features
Operating Hours:
Size:
· -, Building:
Year Built:
8:00am - 5:00pm M-F
Approximately 2 Acres
· 15,400 SQFT
Two Stow
1989 {New)
Contact Person: MaWAnn
Telephone Number: 619 1 434-4127
Address: 799 Pine Avenue
Cadsbad, CA 92008
Recreational Facglties
The strumre is approximately 28;300 squire feet in size, however, the senior center only occupies 54% or
15,400 square ferk The structure consists of a reception area; a lounge with a fireplace, sofas, chairs,
and a big-screen TV; an auditorium which is 2,500 square feet in size and divisible into 3 smaller rooms
if needed; 4 offices - 1 for the coordinator and 3 for approximately 5 other ful;- and pan-Time staff; a smail
conference room; en ar~ studio; a dance studio; a game room; an outdoor courtyard with barbecue
facilities; a library; a full-service kitchen; and a dining room which is 2,500 square feet in size,
Recreational Programs/Activities
Bingo
Cards
Exercise Classes through Maricosta College
Foreign Language Classes
Musicals
Dances
Doctor Screenings (Skin, Eyes, Etc.)
Arts and Crafts
Movies
Legal Counseling (Mainly Wilts)
Various Seminars
Board Games
Insurance Counseling
Travel Presentations
Nutzffion Program
Live Bands
Bus Services
· Food Services
Lunch is served daily to seniors for a donation of $1.50 and to all others at a coat of $2.50. The average
menu consists of an appetizer, main course, fruit, vegetable, occasional desse~, and s choice of milk,
tea, or coffee which is served To approximately 150 persons a day. There is also a daily "meals on wheels"
program in which meals are delivered to the homes of apprOximately 50 seniors who are unable to
visit the center. Daily meals are not cooked at the center but are catered in from the local nutrition center.
Comments
Full-Time Employees: Coordinator
Secretary
Nutf;t;on Site Manager
Part-Time Employees: 2 Facility Maintenance Assistants
3 Van Drivers
Management Astlatant to Coordinator
2 RecepTionists
The center has approximately 1 SO, regular volunteers who donate over 3,000 hours of their time per year.
The center receives moat of its funding from the city parks and recreation fund as well as limited grants
from the American Agency on Aging, Additional revenues are obtained through facility rentals for
weddings, receptions, meetings, ate. The building is shared with the Cadsbad Unffied School District as
well as the local nutrition center, A newsletter / calendar is distributed to all members on a monthly basis.
Basic Features
Operating Hours: ' ' 8:00am - 4:00pro M-F Contact Person:
Size: · Approximately 2 Acres Telephone Number:
' Building: 13,000 SQ FT Address:
Single Stow
Year Built: 1980
Meureen
619/966-4144
455 Country Club Lane
0ceanside, CA 92054
Recreational Fact]atlas
The structure consists 'of 3 offices - 1 housing the Director, 1 housing the Assistam Director, and 1 housing
parolegala, tax advisors, and insurance advisors; a large mUlti-purpose morn used for The nutrition and
recreation programs with in appmximlte capacity of 240 persons; a smaller multi-purpose room divisible
into eiTher 1 large room wit~ an approximate capecity Of 150 persons or 6 smaller rooms with an approximate
capacity of 30 persons each; a full-service kitchen; and an outdoor facility for shuffleboard and horseshoes.
Recreational Programs/Activities
Seminars (Wilson Trust, Social Security, MealScare)
Exemise Classes
Line, Round, and Tap Dancing
Cards
Board Games
Blood Pressure Tests
Ear and Eye Exams
Fund-Raising (Craft Fairs, Pancake Breakfasts, Raffles)
Travel Program
Legal Counseling
Educational Classes
Am and Crafts
Choir Grouo
Nutvit;on Program
Shuffleboard
Horseshoes
Food Services
Lunch is served daily to seniors for a donation of $1.75 and to all others at a cost of $2.50. The average
menu consists of an appetizer, main course, fruit, vegetable, dessert, and a choice of milk, tea,
or coffee. There is'alao a dally 'meals on wheels' program in which meals are delivered to The homes
of Those seniors who ere unable to visit the center.
Comments
Full-Time Employees:
Director
Assistant Director
Maintenance Assistant
Part-Time Employees:
2 Additional Maintenance Assistants
The center has at least 12 regular volunteers on a daily basis and approximately 200 each monTh.
In addition, · volunteer or aenior..rnember donates time daily as The centsr's receptionist. The center
receives state funding mainly for its nutrition center and very limited city funding. IT does raise additional
funds Through The rental of its facilities for weddings, receptions, meetings, etc. The income derived frr
rental activities is given back to The City of 0ceanaide for use in various city programs such as
The senior center. A newsletter / calendar is distributed to all members on s monThly basis.
Basic Features
Operating Hours:
Size:
Building:
Year
9:00am - 5:0Opm M-F
.Approximately 2 Acres
Approximately 15,000 SQFT
Two Story
1976
Contact Parson:
Telephone Number:
Address:
Ron Cole
714 / 929-0086
305 East Devonshire
P.O. Box 387
Hemat, CA 92546
Recreational Facffities
The structure consists of 7 offices utilized by the canter manager, information manager, volunteer
coordinator, nutrition manager, end vadoue full- and part-time s13ff; a multi-purpose room with an approximate
capacity of 400 persons (divisible into 2 rooms if neaded}; a senior wing wiffi an approximate cal}aci~ of
200 persons (divisible into 2 rooms if needed|; a dining room with an approximate capacity of 180 persons;
and a full service kitchen.
Recreational Programs/Activities
Nutritio~q Program
Prime of Life Program
Blood Pressure Tests
Medical Seminars
Occasional Doctor Screenings
OutTeach Program
Travel Program
Housing Program
Sunday Sing-Alongs
Bus Services
Retired Senior Volunteer Program
Am and Crafts
Parmere Help Program
Cards
Board Games
Danceraise
Swinging Singles Group
Billiards
Dance Cla~ses
Food Services
Lunch is served daily to seniors for a donation of $1.50 and to all others at a varying rate. The average
menu consisT~ of an appetizer, main course, fruit, vegetable, dessert, and a choice of milk, tea, or coffee.
There iS also a daily 'meals on wheels" program in which meals are delivered to the homes of those
seniors who are unable to visit the center.
Comments
Full-Time Employees: Center Manager
Information Manager
Nutrition Msneger
Volunteer Coordinator
Staff Assistant
Part-Time Employees: Rental Assist3nt.for Set-Up and Cleaning
The center has approximately 12 deil~ volunteers assisting u many as 400 daily vLsitora. The center
receives a decent amount of city jnd st3te funding and also has in occasional fund-raiser. In addition
to the employees listed above, the center also contrac~ with · Ional cleaning company for representatives
to come and clean the facilities on s regular basis. A newsle~er / calendar is distributed to all
members on a monthly basis.
Basic Features
Operating Hours: 8:00am - 5:00pro M-F Center, Person: Karen
Size: . Approximately 2 Acres Telephone Number: 619/323-5689
Building: 12,000 $QFT _ Address: 480 South Sunrise
Single Story Palm Springs, CA
Year Built: 1990 92262
Recreational Facilities
The structure consists of approximately 6 offices which are used by or for (1) the executive director,
{2) the administrative assistant, (3) the 0utreach director, {4) Board meetings, (5) special meetings, and .
(6) 6 office staff; s main lounge with s fireplace, sofas, end chairs for small conversations; an
auditorium with an approximate capacity of 285 persons; · multi-purpose room with an approximate
capacity of 150 persons; a full-service kitchen; a library; an am and crafts room; a community room;
and 5 counseling rooms.
Recreational Programs/Activities
Medical Counseling (Medicara, Prescription Drugs, Etc.)
Medical Screening
Blood Pressure Testa
Dance Classes
Exercise Classes
Arts and Crafts Classes
Distribution of Local Travel Agency Discounts
Fund-Raising (Senior Olympics, Black-Tie Ball, Senior Expo)
Seminars
Bingo
Foreign Language Classes
Orche~ Group
Choir Group
Board Games
Cards
Food Services
Lunch is served daily to guests of alleges for a donation of $1.50. The average menu consists of
an a0petizar, main course, fruit, vegetable, dessert, and a choice of milk. tea. or coffee.
Full-Time Employees:
Executive Director
Administrative Assistant
Outreach Director
Secretary
Maintenance Assistant
Part-Time Employees:
Title 5 Program ,Representative Provided by the City of Riverside
The center has approximately 100 regular volunteers each month. Approximately 150 seniors visit
the center each day. The center receives limited city and state funding. It raises some revenue through
fund-raising activities and the remainder through the rarttal of i~ facitilites for weddings, receptions, etc.
A newsletter I calendar is distributed to all members on a monthly basis.
ATTACHIvIk'NT NO. 13
MISC~LLAN'EOUS CORRF_~PONDENCE
Sx~rAFFRFYI2T314TYM.P(~ v~w 60 *'
1RECE!VE3 '""
July 2, 1992
Mr. and Mrs. Robert Pipher
41825 Green Tree Road
Temecula, California 92592
Dear Bob and Dottie:
Jim Adare and I would like to thank you for taking the time W meet with us on the 10th of
June. We appreciate you positive comments regarding our plans for the development of the
school property. We want to build a facility here that will blend in well with our
community and our neighborhood.
If you should have any other questions, be sure to call, Also, we will keep you informed as
we progress.
Sincerely,
KLrn W. Eldridge
Director of Development
P.S. We will be setting up a meeting with John and Lindy Telesio when Jim returns from
his trip.
te
31950 Pau}oa P,w,d / TemecuIa, Califo~ 92592 / 714676..8111
July 2, 1992
Mr. Ken Lewsader, President .
Villa Avanti H.O.A.
c/o Elite Community Management
27710 Jefferson Avenue, Suite 106
Temecula, California 92590
Dear Ken:
Jim Adare and I would like to thank you for taking the time to meet with us on the 17th of
June. We appreciate your positive comments regarding our plans for the development of
the school property and we hope the colored picture of the project was helpful to you in
showing our plans to your board.
As The Linfield School grows, we desire to be a good community neighbor and we would
appreciate any concerns or comments as we progress.
Thanks again.
Sincerely,
Mr. Kim W. Eldridge
Director of Development
te
31950 Pau~ Road / Temecula, Cal//orn/a 92592 / 714.-676-8111
RALPH DORNETTE
JUly 14, 1992
Mr. Kate1 Lindemans
City of Temecula
43172 Business Park Dr.
TemeCula, CA 92390
To the Temecula Flanning Committee and City Council:
As Chief Executive Officer of Church Development Fund and Founder
of Christian Retirement living, Inc., I assure you of =he v~tal
interest of the Christian churches of the states of California and
Arizona in the Senior-Oriented Residential Community of Temecula.
We have been earnestly seeking a place for the senior members of
our 250 churches in California and time 60 c~urches in Arizona.
This development on the Linfield Christian School property appears
to be the ideal location.
I have carefully perused the Market and Financial Analysis and
Recommendation for this project prepared by the Arthur Anderson Co.
of Los Angeles. I am most impressed with the quality and
thoroughness of this presentation.
It is my hope that the Planning committee and City Council of
Temecula will give the green ligllt =o this most needed development.
The combination of Patio/Townhames, Congregate Care and Skilled
Personal Care complex will provide a unique community for the
growing senior population of Southern California. We would be.most
pleased to direct the senior members of our churches to take
residence in such a community.
Mo ricereply rs,
Ralp ornette
RD:lrl
A Financial Ministry Seftqng the Chn$1tan Chufche~ of Cali~ma
~5 S, E~lid Stilt. Fulle~n, California 92632 Tolo~tmne~ (114) 441-0804 · FAX (114)