HomeMy WebLinkAbout040593 PC AgendaAGENDA
TEMECULA PLANNING COMMISSION
April 5, 1993 6:00 PM
VAIL ELEMENTARY SCHOOL
29915 Mira Loma Drive
Temecula, CA 91390
CALL TO ORDER:
ROLL CALL:
Blair, Chiniafff, 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 not listed on the Agenda, a pink "Request to Speak" form should be
filled out and fled 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
Approval of the minutes for February 1, 1993 Planning Commission meeting.
Approval of the minutes for February 22, 1993 Planning Commission meeting.
Approval of the minutes for March 1, 1993 Planning Commission meeting.
NON-PUBLIC HEARING ITEMS
Case No.:
Applicant:
Location:
Proposal:
Presenter:
Environmental Action:
Recommendation:
Western Bypass Corridor
City of Temecula
Westside of Interstate 15
Four Lane Bypass Corridor
Don Spagnolo
Negative Declaration
Recommend Approval
4. Case No.:
Applicant:
Location:
Proposal:
Planner:
Environmental Action:
Recommendation:
Additional Extension Period for Plot Plan, Public Use Permits, and
Conditional Use Permits
City of Temecula
City Wide
To amend Ordinance No. 348 tO allow for two additional one year
Extensions of Time.
Debbie Ubnoske
N/A
Recommend Approval
Case No.:
Applicant:
Location:
Proposal:
Environmental Action:
Plann. er:
Recommendation:
Direetor's Heating Cases Update
City of Temecula
City Wide
February and March Update
N/A
Debbie Ubnoske
N/A
Case No.:
Applicant:
Location:
Proposal:
Environmental Action:
Planner:
Recommendation:
Landscape Plan for Ynez Car Care Center (CUP No.2)
J. Larry Gabele
Abutting the west side of Ynez Road and the east side of Interstate 15,
approximately 200 feet north of the intersection of Ynez Road and Solana
Way.
Landscape Plan for Ynez Car Care Center
N/A
Matthew Fagan
Review the landscape plan and take action pursuant to City Council
direction.
PUBLIC HEARING ITEMS
7~
Case No.: PA 93-0025, Minor Conditional Use Permit
Applicant: Bruce Wade, High Society Billiards Club
Location: 27309 Jefferson avenue, Suite 101 through 103
Proposal: To locate a 3,700 square foot billiards parlor in an existing building in
the Manufacturing Service Commercial (M-SC) zone.
Environmental Action: Exempt per Section 15301 of the California Environmental Quality Act
Planner: Craig Ruiz
Recommendation: Approve
Case No.:
Applicant:
Location:
Proposal:
Environmental Action:
Planner:
Recommendation:
PA 93-0038, Minor Conditional Use Permit
Charles Mitch
28822 Front Street, Suite 203
To convert an existing teen night club to an adult night club.
Exempt per Section 15301 of the California Environmental Quality Act
Craig RUiz
Deny
9. 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
Lin~eld 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 for a Senior Citizen Center, and a
Zone Change from R-R (Rural Residential) to R-3 (General Residential)
Mitigated Negative Declaration
Saied Naaseh
Recommend Approval
Next me~ting: May 3, 1993 at 6:00 p.m., Vail Elementary School, 29915 Mira Loma Drive, Temecula,
California.
PLANNING DIRECTOR'S REPORT
PLANNING COMMISSION DISCUSSION
OTHER BUSINESS
ADJOURNMENT
ITEM #2
PLANNING COMMISSION MINUTES
FOR
FEBRUARY 1, 1993
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
MONDAY, FEBRUARY 1, 1993
A regular meeting of the City of Temecula Planning Commission was called to order on
Monday, February 1, 1993, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive,
Temecula, California. The meeting was called to order by Chairman Linda Fahey.
PRESENT: 4 .COMMISSIONERS:
ABSENT: 1 COMMISSIONERS:
Chiniaeff, Ford, Hoagland~ Fahey
Blair
Also present were Assistant City Attorney John Cavanaugh, Planning Director Gary Thornhill,
Senior Planner Pebble Ubnoske, Assistant Planner Craig Ruiz and Minute Clerk Gall Zigler.
PUBLIC COMMENT
None
COMMISSION BUSINESS
1. Approval of AQenda
It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to
approve the agenda.
The motion carried as follows:
AYES:
NOES:
ABSENT:
4 COMMISSIONERS:
0 COMMISSIONERS:
1 COMMISSIONERS:
Chiniaeff, Ford, Hoagland, Fahey
NOne
Blair
Minutes
It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoegland to
approve the minutes of the January 4, 1993 Planning Commission meeting.
AYES:
The motion carried as follows:
4 COMMISSIONERS:
0 COMMISSIONERS:
Chiniaeff, Ford, Hoagland, Fahey
None
-1-
2115193
PLANNING COMMISSION MINUTES
ABSENT: I COMMISSIONERS: Blair
FEBRUARY 1,1993
Off-Site Subdivision Sians (Kiosk)
Senior Planner Debbie Ubnoske presented the staff report.
Assistant City Attorney John Cavanaugh explained the ordinance.
Commissioner Hoagland stated that he feels it is the Council's intent to have Ordinance
91-40 (Kiosk Sign Ordinance) regulate off-site subdivision signs.
Assistant City Attorney John Cavanaugh stated that Ordinance 91-40 was prepared
with the intent to occupy the whole of the field in advertising and regulations. He
further stated that Ordinance 91-40 does prempt Section 19.6b of Ordinance 348.]
Chairman Fahey stated that she feels it is the Commission's intent that the Kiosk
Ordinance replace off-site signs.
The overall consensus of the Commission was to make no changes to the approval
process for off-site subdivision signs.
PUBLIC HEARING
Vestina Tentative Tract MaD No. 26941, Chanoe of Zone No. 22 and the Addendum
to Environmental Impact Report No. 230
Planner Craig Ruiz presented the staff report.
Chairman Fahey opened the public hearing at 6:20 P.M.
Ernie Egger, TPC, 27447 Enterprise Circle West, Temecu!a, representing the applicant,
Taylor Woodrow Homes, stated the re-design efforts of Lot 6 through Lot 9 resulted
in standard shaped and sized lots and a reduction in both grading and the grade of
driveways.
John Wayland, 33342 Pauba Road, Temecula, representing the Pauba Ranchos
Property Owners Association, presented the Commission with the following list and
concerns regarding the Crowne Hill P~'oject: amount of traffic and maintenance issues
relative to roads in the area, provision of equestrian trails, parking for the park-site,
street lighting, General Plan consistency, buffer treatment, above ground utilities, and
possible impact on property values.
Chairman Fahey advised that a number of the issues raised by Mr. Wayland cannot be
addressed by the Commission because they do not relate to Tract Map No. 26941.
PCM~NO2/01/93 -2- 2115/93
PLANNING COMMISSION MINUTES
FEBRUARY 1,1993
- Harr. y Clark, 31010 Avenida Buena Suerte, Temecula, advised the Commission that the
engiheer for the project has stated that Cee Cee Lane is not necessary to the project.
Mr. Clark asked the Commission to consider this statement.
Ernie Egger, responded that Crowne Hill DriVe will carry a substantial amount of traffic
to Pauba, however, Tract Map 23143 is conditioned to provide frontage improvements
to Pauba Road and a traffic Signal at Pauba Road and Crowne Hill Drive. Addressing
the issue of traffic traveling east through the project, Mr. Egger stated that there is no
need for traffic to travel east. Regarding Cee Cee Lane~ Mr. Egger stated that this road
is not necessary to the project and the developer would have no problem deleting that
link. He added that an equestrian trail is shown along Cee Cee Lane, however, the
wash area is open and can be used by equestrians. Mr. Egger advised that no designs
have been developed for the park but it is anticipated that the park site will provide
ample parking. Mr. Egger stated that the developer is willing to provide the minimum
street lighting on public roads and no street lights on the private roads and the
developer would agree to a condition requiring construction equipment to access the
site from the west through the Taylor Woodrow Tract.
Commissioner Hoagland asked staff to address the road issues.
Ray Casey stated that the City has had some discussions with the Assessment District
who did the construction of Pauba Road about doing the half-width plus one lane
improvements, and if that is done, the City will consider accepting Pauba Road for
maintenance. Ray Casey added that the same could be done with Via Del Monte and
Cee Cee Lane once the improvements that are conditioned by the map are complete.
Mr. Ray Casey indicated that an agreement with the County of Riverside must be
completed, prior to acceptance by the City for maintenance.
Commissioner Chiniaeff questioned if staff would agree to ending Cee Cee Lane at
Gastell, creating a cul-de-sac.
Assistant City Attorney John Cavanaugh suggested that the Fire Department be
consulted about .their concerns regarding closing off Cee Cee Lane.
Chairman Fahey expressed concern that there are no equestrian trails provided by this
developer except for those along the flood plain. Commissioner Chiniaeff suggested
that an equestrian easement be created along the five acre lots in the buffer area and
maintained by the Homeowners Association.
Commissioner Chiniaeff suggested Lots 7, 8 and 9 be combined, and two lots be
created split by the existing drainage course, providing minimum five acre lots adjacent
to Pauba Ranchos and creating a buffer area.
Commissioner Hoagland stated that he feels the City should make a commitment to
take over the maintenance and liability of Pauba Road.
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PLANNING COMMISSION MINUTES FEBRUARY 1, 1993
Ernie Egger stated that the developer would agree to all the conditions except creating
two lots out of Lots 7, 8 and 9.
Adrian Folley, Project Manager, Taylor Woodrow Homes, gave an overview of the
project from acquisition and asked the Commission to reconsider their request to
combine the three lots.
Commissioner Chiniaeff stated that he feels the drainage course is a natural break with
the intention of creating a buffer back to the Pauba Ranchos properties. Commissioner
Chiniaeff stated that there are pads on the sides of slopes that probably shouldn't be
there.
It was moved by Commissioner Chiniaeffr seconded by Commissioner Hoagland to'
recommend Adoorion of Resolution No. 'PC 93-01 recommending Approval of Change
of Zone No. 22, Vesting Tentative Tract Map No. 26941 and the Addendum to the
Environmental Impact Report No. 230, based on the Analysis and Findings contained
in the Staff Report; and subject to the Conditions of Approval amended as follows: 1.
maintenance dedication of Pauba Road; 2. Cee Cee Lane and Gastell, create a cul-de-
sac or end at the park site, provided it has adequate access and circulation based on
Fire Department requirements; 3. maintain five acre lots as the transition lots to the
county line (adjacent to Pauba Ranchos); 4. condition the developer to create
equestrian trails along the five acre lots in the buffer area, to be maintained by the
Crown Hills Homeowners Association; and, 5. combine Lots 7, 8 and 9 creating two
lots split by the drainage course.
The motion carried as follows:
AYES:
4 COMMISSIONERS: Chiniaeff Ford, Hoagland, Fahey,
NOES: 0 COMMISSIONERS: None
ABSENT: I COMMISSIONERS: Blair
PLANNING DIRECTORS REPORT
None
PLANNING COMMISSION REPORT
None
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PLANNING COMMISSION MINUTES
OTHER BUSINESS
None
FEBRUARY 1,1993
ADJOURNMENT
It was moved by Commissioner Ford, seconded by CommiSsioner Hoagland to adjourn at 7:30
P.M. and cancel the regularly scheduled meeting of February 15, 1993 and reschedule to
February 22, 1993. The motion was unanimously carried with Commissioner Blair absent.
The next meeting of the City of Temecula Planning Commission will be held February 22,
1993, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California.
Secretary
Chairman Linda Fahey
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PLANNING COMMISSION MINUTES
FOR
FEBRUARY 22, 1993
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
FEBRUARY 22, 1993
A regular meeting of the City of Temecula Planning Commission was called to order Monday,
February 22, 1993, at 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula,
California. Chairman Linda Fahey presiding.
PRESENT: 4 COMMISSIONERS:
ABSENT: I COMMISSIONERS:
Blair, Chiniaeff, Ford, Fahey
Hoagland
Also present were Assistant City Attorney Mary Jo Shelton-Dutcher, Planning Director Gary
Thornhill, Senior Planner John Meyer and Minute Clerk Gall Zigler.
PUBLIC COMMENT
None
COMMISSION BUSINESS
1. ADDroyal of AQenda
It was moved by Commissioner Ford, seconded by Commissioner Chiniaeff to approve
the agenda.
The motion carried as follows:
AYES:
NOES:
ABSENT:
4 COMMISSIONERS:
0 COMMISSIONERSi
1 COMMISSIONERS:
Blair, Chiniaeff, Ford, Fahey
None
Hoagland
PUBLIC HEARING
2. PA 92-0054 Conditional Use Permit
Proposal to construct a 3,400 square foot Big O Tire Store in the Scenic Highway
Commercial (C-P-S) Zone.
Assistant Planner Craig Ruiz presented the staff report. Craig advised the Commission
of the following modifications to the staff report:
PCMIN2/22/93 -1- 3110193
PLANNING COMMISSION MINUTES
Page 2, Second Paragraph
Page 12, Condition No. 1
Declaration Report.
Commissioner Hoagland arrived at 6:10 P.M.
"Lot 10" should read "Lot 9"
Should read $50 for a Negative
FEBRUARY 22, 1993
Chairman Fahey opened the public hearing at 6:10 P.M.
It was moved by Commissioner Chiniaeff, seconded by Commissioner Ford to close the
public hearing at 6:10 P.M. and Adopt the Negative Declaration for PA92-0054,
Conditional Use Permit; and Adopt Resolution NO. PC 93-02 approving PA92-0054,
Conditional Use Permit based on the analysis and findings contained in the staff repo~
and subject to the Conditions of Approval as modified by staff.
The motion carried as follows:
Blair, Chiniaeff, Ford, Fahey ·
None
Hoagland
AYES:
NOES:
ABSTAIN:
4 COMMISSIONERS:
0 COMMISSIONERS:
1 COMMISSIONERS:
Parks and Recreation Master Plan
Review and forward a recommendation of approval to the City Council to adopt the
Master Plan as an element of the General Plan.
Senior Planner John Meyer presented the staff report.
Commissione~ Hoagland recommended that the City Council make changes to. the
Recreation and Open Space elements of the General .Plan, and that the Parks and
Recreation Master Plan be modified to assure consistency.
Commissioner Chiniaeff stated he feels recreational parks (community and
neighborhood) are a higher priority than the Northwest Sports Complex.
Chairman Fahey opened the public hearing at 6:20 P.M.
It was moved by Commissioner Chiriiaeff, seconded by Commissioner Hoagland to
close the public hearing at 6:20 P.M. and recommend to the City Council to approval
of the Parks and Recreation Master Plan as an element of the General Plan. Further,
that it be made consistent with the General Plan as it moves through the approval
process and recommend re-certification of the Environmental Impact Report for the
City's General Plan.
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PLANNING COMMISSION MINUTES
The-motion carried as follows:
AYES: 5 COMMISSIONERS:
NOES: 0 COMMISSIONERS:
FEBRUARY 22,1993
Blair, Chiniaeff, Ford, Hoagland, Fahey
None
DireCtor's Hearina Cases Uodate
Director Thornhill presented the staff report detailing cases that have been approved
at the Director's Hearing since this new hearing process began.
Director Thornhill asked if the Commissioners would like to see copies of the minutes'
from the Director's Hearing.
Commissioner Chiniaeff requested a listing of cases approved every month to be
included in the each Commissioner's agenda packets.
Commissioner Ford asked how quickly projects are going through the process.
Director Thornhill stated that cases were going through fairly quickly.
Additional Extension Period for Plot Plans, Public Use Permits, and Conditional Use
Permits
Amend Ordinance No. 348 to allow for two additional one year extensions of time.
Director Thornhill presented the staff report.
Commissioner Blair expressed a concern about projects coming from the County.
Director Thornhill stated those projects would have all either been constructed, or the
approval would have expired. Director Thornhill added that the City's is striving to be
consistent with the City of Murrieta and the County of Riverside.
Commissioner Hoagland felt that a five (5) year total approval process was too long.
Chairman Fahey expressed concerns about cases that have already been approved and
would now be coming in for extensions of time and might now be inconsistent with
the City's General Plan.
Director Thornhill stated that staff will bring back a listing.of already approved plot
plans, conditional use permits, and public use permits that will be coming in for
extensions of time.
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PLANNING COMMISSION MINUTES
FEBRUARY 22,1993
'After the Commission expressed concern about projects which may not be consistent
with'the General Plan, Director Thornhill suggested that staff bring back a list of such
projects for the Commissions review, prior to approving the amendment to Ordinance
348.
Determination of General Plan Consistency
Proposed transfer of 17.97 acres from the Native American Observers Training
Association (NAOTA) to the U.S. Bureau of Indian Affairs.
Associate Planner Dave Hogan presented the staff report.
Chairman Fahey opened the public hearing at 6:40 P.M.
Vince Ibanez, representing the NAOTA, provided a brief history on the site. Mr. Ibanez
told the Commission the intended use of this property is to conduct tours to the
General Public reflecting how indians lived.
It was moved by Commissioner Hoagland, seconded by Commissioner Blair to close
the public hearing at 6:45 P.M. and Adoot Resolution No. PC 93-03 determining that
the transfer of 17.97 acres of land from the Native American Obeservers Association
to the Bureau of Indian Affairs is consistent with the City General Plan.
The motion carried as follows:
AYES: 5 COMMISSIONERS:
NOES: 0 COMMISSIONERS:
Blair, Chiniaeff, Ford, Hoagland, Fahey
None
Planninq Commission Meetinos
Consideration of having meetings the first Monday of every Month, instead of the 1 st
and 3rd Monday of every month.
Director Thornhill presented the staff report.
It was moved by Commissioner Ford, seconded by Commissioner Chiniaeff to meet the
first Monday of every month, beginning in March, 1993.
NOES:
PCMIN2/22/93
The motion carried as follows:
AYES: 5 COMMISSIONERS:
0 COMMISSIONERS:
Blair, Chiniaeff, Ford, Hoagland, Fahey
None
3/10193
PLANNING COMMISSION MINUTES FEBRUARY 22. 1993
PLANNING-DIRECTOR REPORT
Director Thornhill advised that the City Council has begun the pubic hearing process for the
General Plan.
PLANNING COMMISSION REPORT
None
OTHER BUSINESS
None '
ADJOURNMENT
Chairman Fahey declared the meeting adjourned at 6:55 P.M.
The next regular meeting of the City o~ Temecula Planning Commission will be held on
Monday, March 1, 1993, 6:00 P.M., at Vail Elementary School, 29915 Mira Loma Drive,
Temecula, California.
Secretary .
Chairman Linda Fahey
PCMIN2/22193 *E- 3/1OI93
PLANNING COMMISSION MINUTES
FOR
MARCH 1, 1993
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
MARCH 1, 1993
A regular meeting of the City of Temecula Planning Commission was called to order Monday,
March 1, 1993, at 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula,
California. The meeting was cailed to order by Vice Chairman Billie Blair.
PRESENT:
ABSENT:
3 COMMISSIONERS: Blair, Chiniaeff, Hoagland
2 COMMISSIONERS: Ford, Fahey
Also present were Assistant City Attorney John Cavanaugh, Senior Planner Debbie Ubnoske,
Senior Planner John Meyer and Minute Clerk Gall Zigler.
PUBLIC COMMENT
None
COMMISSION BUSINESS
1. AoDroval of Aaenda
It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to
approve the agenda.
The motion carried as follows:
AYES: 3
NOES: 0
ABSENT: 2
COMMISSIONERS: Blair, Chiniaeff, Hoagland
COMMISSIONERS: None
COMMISSIONERS: Ford, Fahey
PUBLIC HEARING
2. Chanqe of Zone No. 23
Proposed zone change for a 6.1 acre parcel from R-3-4,000 to C-O. Located on the
south side of Rancho California Road, approximately 450 feet east of the intersection
of Via Las Colinas and Rancho California Road.
Matthew Fagan presented the staff report.
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PLANNING COMMISSION MINUTES
MARCH 1,1993
'Commissioner Hoagland asked if the applicant has a plot plan.
Safa Muhtaseb~ 39930 Whitewood Road, Unit 106, Murrieta, owner and applicant,
stated that he is working on the zone change at this time and when completed, the
project will proceed to the engineering stage.
It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to
close the public hearing at 6:20 P.M. and Recommend Adoption of the Negative
Declaration for Change of Zone No. 23 and Recommend Adoption of Resolution No.
PC 93-04 recommending Approval of Change of Zone No. 23.
The motion carried as fol'lows:
AYES:
3 COMMISSIONERS: Blair, Chiniaeff, Hoagland
NOES: 0 COMMISSIONERS: None
ABSENT: 2 COMMISSIONERS: Ford, Fahey
3. Outdoor Advertising Display Ordinance
Matthew Fagan presented the staff report.
Commissioner Chiniaeff questioned why the provisions dealing with hardship cases
were eliminated.
Assistant City Attorney John Cavanaugh advised that because it is difficult to
determine what a hardship is, it leaves an opportunity for anyone to declare a hardship,
therefore the City Attorney recommends deleting the hardship clause.
Vice Chairman Blair opened the public hearing at 6:25 P.M.
Commissioner Chiniaeff questioned if there is a "sunset" clause on non-conforming
signs.
Assistant City Attorney Cavanaugh advised that non-conformity creates an issue
where if the City required non-conforming signs to come down, the City would have
to compensate the owner.
It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to
close the public hearing at 6:25 P.M. and Adoot Resolution No. PC 93-05
recommending the City Council adopt the Ordinance No. 93 - (nqxt} relative to outdoor
advertising displays and deletion of language in Section 4(A) dealing with hardship
CaSeS.
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PLANNING COMMISSION MINUTES
The-motion carried as follows:
AYES: 3 COMMISSIONERS: Blair, Chiniaeff, Hoagland
NOES: 0 COMMISSIONERS: None
ABSENT: 2 COMMISSIONERS: Ford, Fahey
MARCH 1, 1993
Amendments to the Ordinance ReGulatinG Temporary SiGnS
Dave Hogan presented the staff report.
Commissioner Chiniaeff suggested the following modifications: 1 ) Item 4, Page 15, be
modified with a clearer definition of special events; 2) Old Town issues should be in
conformance with the Old Town Specific Plan; and 3) Page 16, E(1) should provide
examples of hardship cases.
Dave Hogan advised that the Old Town section will be superseded by the Old Town
Specific Plan when it is adopted..
Assistant City Attorney Cavanaugh advised that hardship cases will be evaluated by
staff.
Vice Chairman Blair opened the public hearing at 6:35 P.M.
Commissioner Hoagland said that he feels that none of the recommended changes
should be made. He added that he feels a proliferation and/or continued proliferation
of temporary signs takes away from the aesthetic appearance of the community and
274 days a year for allowable signage is excessive. Commissioner Hoagland
suggested leaving the ordinance as is until the comprehensive sign ordinance is
adopted. Commissioner Chiniaeff and Vice Chairman Blair concurred.
It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to
close the public hearing at 6:45 P,M. and recommend Denial of Resolution No. PC 93-
06recommending that the City Council amend portions of Ordinance No. 348 and
16 pertaining to the regulation of temporary signs.
The motion carried as follows:
AYES:
3 COMMISSIONERS: Blair, Chiniaeff, Hoagland
NOES: 0 COMMISSIONERS: None
ABSENT: 2 COMMISSIONERS: Ford, Fahey
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PLANNING COMMISSION MINUTES
5.
MARCH 1. 1993
Development Aqreement No. 92-1 (DA 92-1) Chanoe of Zone No, 21 and Tentative
Parcbl MaD NO. 27314
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). Linfield Christian
School.
Vice Chairman Blair stepped down due to a conflict of interest based on the close
proximity of her personal residence with the proposed project.
Commissioner Chiniaeff suggested continuing this item until all Commission members
are present.
Commissioner Hoagland opeded the public hearing at 6:50 P.M.
Roger D. Prend, 3788 McCray Street, Riverside, representing the applicant, agreed to
continue the item for one month.
Carmine A. Latrecchia, 31533 Corte Pacheco, TemeCula, expressed concern that the
access road, exits and enters off of Rancho Vista Road, which carries a high volume
of traffic traveling at high rates of speed. Mr. Latrecchia asked for consideration with
regards to the lighting of the sports fields, which will have a significant impact on his
personal residence. Additionally, Mr. Latrecchia asked that the project provide
adequate parking for special events.
It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to
continue the public hearing on Development Agreement No. 92-1 (DA 92-1) Change
of Zone No. 21 and Tentative Parcel Map No. 27314 to the meeting of April 5, 1993.
The motion carried as follows:
AYES: 2 COMMISSIONERS: Chiniaeff, Hoagland
NOES: 0 COMMISSIONERS: None
ABSTAIN: 1 COMMISSIONERS: Blair
ABSENT: 2 COMMISSIONERS: Ford, Fahey
PLANNING DIRECTOR REPORT
None
PCMIN03/01/93 -4- 3/IOI93
PLANNING COMMISSION MINUTES
PLANNING-COMMISSION REPORT
None
MARCH 1, 1993
OTHER BUSINESS
None
ADJOURNMENT
Vice Chairman Blair declared the meeting adjourned at 7:00 P.M.
The next regular meeting of the City of Temecula Planning Commission will be Monday, April
5, 1993, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California.
Chairman Linda Fahey
Secretary
PCMIN03/O1/93 -5- 3/10/93
ITEM #3
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
April 5, 1993
Case No.: Western Bypass Corridor Alignment Study
Prepared By: ~ Don Spagnolo, :
Principle Engineer - Capital Projects
RECOMMENDATION:
That the Planning Commission recommend to the City Council
the following Western By-pass Corridor Alignment Study
recommendations:
1)
Approve the Western By-pass Corridor Alignment
Study dated December 1992, as a four-lane divided
arterial highway classification to be used as a
resource document for response to development
proposals in the west Temecula area.
BACKGROUND:
The area westerly of I-15 in the City of Temecula has limited traffic circulation. Access to
and from the industrial areas west of Murrieta Creek forces truck traffic to use the interchange
at Rancho California Road and I-15 or Winchester Road and I-15. In some instances, the truck
traffic is forced to utilize Front Street in the "Old Town" area of Temecula. The foothills and
the escarpment on the west side further constrains the opportunity for alignment of a north-
south arterial to improve access to the area west of I-15 in the City of Temecula.
During its March, 1992 meeting, the Temecula City Council authorized a study of the Western
Bypass Corridor which included an analysis of alignment alternatives, traffic flows and
development of detailed intersection designs at RanCho California Road and at Front Street.
This report describes that study and recommends specific alignment and intersection
improvement alternatives.
Three alignment alternatives were evaluated in order to determine which was the most
compatible with the adjacent topography and land use, and simultaneously conformed to the
City's design standards. The recommended alignment is from HWY 79S to Cherry St. -
approximately 20,000' (as shown on exhibit 1, herein) satisfies the City's traffic and
circulation needs in this area, and in addition:
Provides a clear definition of the master-planned route for the Western Bypass Corridor
that may be used in conjunction with the City's General Plan for requiring dedication
of right-of-way and construction of improvements when development occurs in the
area,
pw04\plancornrn\egenda\93\04OE.rpt 032993 1
· Provides a definitive boundary between the developable areas of the City and the
environmentally sensitive hills to the west.
Crea(es new intersections with Frdnt Street, First Street, Vincent Moraga Drive, and
Rancho California Road to facilitate access and circulation in this area.
The Western Bypass Corridor is proposed as a four-lane divided highway. This width is
consistent with the City's master plan classification and is supported by the traffic analysis.
The traffic and intersections analysis section of this report is. q;~ite detailed and provides the
City Engineering Staff with the technical data necessary to assure that the proposed alignment
and the new intersections will function properly and safely. It will also enable the City to
evaluate the traffic impacts of any proposed development in the west Temecu/a area and
thereby determine specific recommendations for approval. or mitigation.
The traffic operations analysis examined forecast conditions along the Corridor and at key
intersections to identify the ability of the proposed Corridor to accommodate build-out traffic
conditions. Specifically, this required two levels of analysis:
The first level examined the forecast build-out daily traffic volumes along the proposed
Corridor to identify whether the projected volumes could be accommodated within the
capacity of the proposed four-lane divided highway. Examination indicated that the
Corridor would operate adequately.
The second level focused on the morning and evening peak hour operations of the
intersections of the Corridor with Front Street and Rancho California Road. This
analysis, which is discussed in detail in the technical study, examined intersection
turning volumes to determine the appropriate design needed to accommodate
forecasted traffic conditions within acceptable degrees of congestion.
The analysis of the Corridor/Front Street intersection indicates that with the appropriate use
of left and right turn lanes, the intersection would have uncongested flows of traffic.
In the analysis of the Corridor/Rancho California intersection, various alternatives were
examined. They included design of the intersection as a conventional at-grade intersection,
as well as design of a grade separated interchange between Rancho California Road and the
Corridor. This analysis, including traffic flow and costs, supports the recommendation of e
grade separated interchange design at this location. The estimated cost for the project with
the overcrossing at Rancho California Road is ~ 10.8 million, and $10. 6 million for the at-grade
crossing.
The at-grade intersection is not recommended because the traffic geometric design is
unsatisfactory and extensive grading into the foothills area would be required. The cost of
the grading exceeded the structure cost of the interchange alternative.
Attachments:
1. Map of the Western By-pass Corridor - Blue Page 3
pwO4\plancomm%agende\93~O405,rpt 032993 2
ATTACHMENT NO. 1
MAP OF THE WESTERN BY-PASS CORRIDOR
pwO4\plancomm\agenda\93\O405.rpt 032993 3 '
'EXHIBIT I
ITEM #4
lVrk'uVlORANDI. JI~
TO:
FROM:
DATE:
SUBJECT:
Planning .Commission
Gary Thornhill, Director of Planning
April 5, 1993
Five Year Approval Process for Plot Plans, Public Use Permits, and Conditional
Use Permits
At the March 1, 1993 Planning Commission meeting, staff requested the Commission consider
amending Ordinance 348 to allow two (2) additional one year extensions of time for Plot Plans,
Public Use Permits, and Conditional Use Permits. The ultimate approval of such an Ordinance
would allow for a total of three (3) additional years to construct a project once the project is
approved. The City's Ordinance currently allows for one one-year extension of time.
The Commission expressed concerns relative to allowing two (2) additional years. The primary
concern related to extending the life of County projects that the Commission had never seen.
During the period from April of 1990 to June of 1990, the City Council acted on County
transfered cases. The Commission never saw these cases. During this time, there were eight
plot plans approved by the Council and no public use or conditional use permits. Of the eight
plot plans approved by the Council, all of them have either been constructed or the application
expired. No extensions of time were filed on any of these cases. All other applications have
been reviewed by the Planning Commission.
It is staffs opinion that the five year approval process would benefit businesses by providing
them additional time in which to obtain funding and begin construction. It is further staffs
opinion that there are no cases remaining from the County which would be able to avail
themselves of this additional time.
If the Commission is supportive of this five year approval for Plot Plans, Public Use Permits,
and Conditional Use Permits, staff will prepare a staff report amending Ordinance 348, Sections
18.28, 18.29 and 18.30 for the Commission's consideration.
ITEM #5
MEMORANDUlVl
TO:
FROM:
DATE:
SUBJECT:
Planning Commission
Gary Tnornhiii, Director of Planning
April 5, 1993
Director's Hearing Cases Update
The following ten (10) cases have been approved at the Planning Director's Hearing since
February 18, 1993: two (2) Minor Public Use Permits, one (1) Conditional Use Permits, one
(1) Plot Plan, two (2) Extensions of Time, three (3) Tentative Parcel Maps, and one (1)
Tentative Tract Map (reference Table 1 for a description of approved projects). This new
Approval Authority Ordinance has resulted in a total of 29 projects to date that were approved
at the Planning Director's Hearing that would have previously been heard by the Planning
Commission. The new approval process has substantially reduced the number of Harming
Commission meetings necessary for project approval, as well as expedited the approval process
for a number of minor applications.
Attachment:
I. Table 1 - Description of Approved Projects - Blue Page 2
THORNI-IGXDH4~TATS.4*5 I
ATTACHMENT NO. 1
TABLE 1 - DESCRIFFION OF APPROVED PROJECTS
THORNHG\DH~TATS.~S 2
TABLE 1 - DESCRH'TION OF APPROVED PROJECTS
The following represents the number of eases that have gone to a Director's Hearing since July
of 1992:
TOTAL #
OF CASES
1
Conditional
Use Permit
2
Public Use
Permits
2
Extensions
Of Time
3
Tentative
Parcel Maps
TYPE OF CASE
PA 93-0030, Minor Conditional Use Permit
Temecula Investment Company
28721 Front Street
An approximately 19,000 square foot Western
Dance Hall to be located in an existing building
PA 92-0031, Minor Public Use Permit
Kenneth Oda
27464 Commerce Center Drive
To locate a + 20,170 square foot church in an
existing building in the Manufacturing Service
Commercial (M-SC) zone
PA 93-0029, Minor Public Use Permit
Manna Christian Fellowship
28073 Diaz Road, Suites G and H
To locate a _+ 2,800 square foot church in an
existing building in the Manufacturing Service
Commercial (M-SC) zone
Tentative ParCel Map No. 25538, Amendtnent
No. 2, First Extension of Thne
Santiago Estate Corporation
Southeastern terminus of Estero'Street
One year Extension of Time - a two (2) parcel
residential subdivision of 1.43 acres.
Tentative Parcel Map No. 24633, Amendment
No. 4, Fwst Extension of Time
Santiago Estates Corporation
North of Estero Street, east of Ormsby Road
One year Extension of Time - a two (2) parcel
residential subdivision of 1.43 acres.
Tentative Parcel Map No. 27509
William Brown
28071 Diaz Road
To subdivide an existing 3.35 acre parcel of land
into two lots in the Manufacturing Service
Commercial (M-SC) zone.
APPROVAL
DATE
March 25, 1993
March 25, 1993
March 25, 1993
February 18, 1993
February 18, 1993
February 18, 1993
THOP, NHG\DH-STATS .4-5 3
TOTAL #
OF CASES
1
Tentative
Tract Maps
1
Plot Plan
TYPE OF CASE
PA 92-10, Tentative Panel Map No. 27686
Wilkinson 991 Trust
4235542381 Rio Nedo Street
To subdivide a 2.5 acre lot with an existing
building into two lots for condominium ownership
purposes.
Tentative Parcel Map No. 24586,/land. No. 3
Gary Adams
The northwesterly comer of Diaz Road and Via
Dos Picos
To subdivide an existing +/- 5.42 acre parcel with
an existing building into 5 parcels in the
Manufacturing Service Commercial (M-SC) zone.
PA 92-0036, Tentative Tract Map No. 27690
Temecula Medical Park Development, G.P.
Northerly side of Winchester Road, 200 :t: feet
northeasterly side of Ynez Road.
A request for approval of a condominium map for
medical offices.
Plot Plan No. 248
Temecula Boys and Girls Club/Temecula Town
Association Markham and Associates
Southeast comer of Pujol Street and First Street
To locate 6 pre-fabricated modular buildings
totalling 4,560 square feet, a 6,000 square foot
outdoor basketball court, and an 18 space parking
lot on a vacant .63 acre parcel of land in the
Controlled Development (W-2) zone.
APPROVAL
DATE
February 25, 1993
March 18, 1993
March 11, 1993
March 18, 1993
THORNHG\DH~TATS .4-.5 4
ITEM #6
RECOMMENDATION:
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
April 5, 1993
Case No.: Landscape Plan for Ynez Car Care Center
(Conditional Use Permit No, 2)
Prepared By: Matthew Fagan
REVIEW the landscape plan and deny the request to delete
required landscaping.
APPLICATION INFORMATION
APPLICANT:
J. Larry Gabele
REPRESENTATIVE:
Jo Larry Gabele
PROPOSAL:
Landscape Plan
LOCATION:
Abutting the west side of Ynez Road and the east side of
Interstate 15, approximately 200 feet north of the intersection
of Ynaz Road and Solana Way.
EXISTING ZONING:
C-P-S (Scenic Highway Commercial)
SURROUNDING
ZONING:
Nor{h:
South:
East:
West:
C-P-S (Scenic Highway Commercial)
C-P (General Commercial)
C-1/C-P (General Commercial)
Interstate 15
PROPOSED ZONING:
Not requested
EXISTING LAND USE: Vacant
SURROUNDING
LAND USES:
North:
South:
East:
West:
Toyota Auto Dealership
Jeep-Eagle Auto Dealership
Retail Commercial
Interstate 15
BACKGROUND
Conditional .Use Permit No. 2 was originally approved by the Planning Commission on
September 1'7, 1990. The applicant submitted a revision to Conditional Use Permit No. 2 on
April 26, 1991. On June 17, 1991 the Planning Commission approved Conditional Use Permit
No. 2, Revised No. 1. The Planning Commission approved an Extension of Time request for
Conditional Use Permit No. 2, Revised No. 1 on April 20, 1992.
At the hearing for the Extension of Time the applicant requested that the Planning Commission
modify Condition of Approval No. 24 which required a block wall on portions of the northern
and southern property line. Staff's recommendation at the time was to delete the block walls
and enhance the landscaping at these areas. The Planning Commission voiced concerns for
adequate screening of the service bay area (reference Attachment No. 1, Planning
Commission Minutes of April 20, 1992) and subsequently approved Conditional Use Permit
No. 2, Revised No. 1, Extension of Time with no modification to Condition of Approval No.
24.
The applicant appealed the Planning Commission's decision relative to Condition No. 24, to
the City Council, contending landscaping would accomplish the same screening as the block
wall. The applicant stated the following. on the appeal application: "we wish to substitute
landscaping for a block wall required by Condition No. 24" (reference Attachment No. 2, City
of Temecula Appeal of Decision Application - Appeal No. 26). Councilmembers Parks and
Moore stated they did not want to see the open service bays from Ynez Road. The City
Council upheld the applicant's appeal on June 23, 1992 With the following stipulation
attached: "the landscape plan be submitted to the Planning Commission for approval"
(reference Attachment No. 3, City Council Minutes for June 23, 1992 meeting).
DISCUSSION
The applicant submitted landscape plans for the Planning Commission to approve on March
18, 1993. Although the applicant's appeal to the City Council requested landscaping in place
of a six (6) foot high wall, the landscape plan subsequently submitted to Staff does not reflect
this. The applicant has informed Staff that additional landscaping would not be effective in
screening the areas where the six (6) foot high block wall was deleted, and therefore did not
include any enhancement on the plan. It is now the applicant's opinion that neither a block
wall or landscaping will serve as an effective screen for the service bays. The applicant
requested Staff to waive the requirement for landscaping in place of the block wall. The
applicant was informed that Staff could not delete the requirement for enhanced landscaping.
That request would have to be made to the Planning Commission. Staff directed the applicant
to submit a letter and pictures which would support his request for no landscaping.
Attachment No. 4 is the letter from the applicant and associated pictures. In addition, copies
of the landscape plans which were originally approved by the Planning Commission have been
included along with this agenda report.
Attachments:
2.
3.
4.
Planning Commission Minutes, April 20, 1992 - Blue Page 3
City of Temecula Appeal of Decision Application Appeal No. 26 - Blue Page 4
City Council Minutes, June 23, 1992 - Blue Page 5
Letter and Pictures from Applicant, February 23, 1993 - Blue Page 6
ATTACHMENT NO. 1
PLANNING COMMISSION MINUTES, APRIL 20, 1992
PUBLIC HEARING ITEMS
'DDlicatiOn for a variance to exceed the' sign
& ~'I3'I~I-WI~-j~&_~'Io)~.~qe~;),T~--, ~ .. 55 foot
Mark Fu. ~.~ s,,mmarized the ~=T~-' jrt~
Chairman H~ '~T~ opened the -' 1c hearing at 6:40 P.M.
Lou Kas~ere, I '~ ~ a Paz, Murrieta, stated that
~e fewest for n ~-' . to ~e height was due to the
fact ~at ~e elev~_ ~ 0f the property to the east was
10 feet higher
high sign not
The Comm:'
no except:
Chinia,
shou
.voperty, therefore, making a 45'
t-. ne side of the interstate.
a whole st~ I that they felt there was
circumstances 'h the nature of this
approve the va~ ~e. Commissioners
Blair stated that ~, ~elt the applicant
rsue the placement of Cal TZ~ logo signs along
moved by Commissioner Chiniaefi, -econded by
r Fahey, to close the public hea ~ at 6:50
and AdoDtResolution No. 92-{next) denyin~ ~riance
No. 10 based on the analysis and findings cont~ .d in
the staff report. The motion was carried unanimou
CONDITIONAL USE PERMIT NO. 2, EXTENSION OF TIME
Proposal to construct an Automotive
located on the west side of Ynez Road,
1-15.
Service Center.
East side of the
Mark Rhoades summarized the staff report. He advised
that the applicant had requested that Condition No. 24 be
deleted and it was staff's recommendation that Condition
No. 24 be modified to read "Prior to the issuance of
building permits the applicant shall submit a landscape
screening plan for approval by the Planning Director.
Said landscape plan shall contain a combination of
shrubs, trees and fences."
Chairman Hoagland opened the public hearing at 6:55 P.M.
~ PCMIN4/06/92 -3- 4/09/92
Larry Gabelle, 10706 Birchfall Avenue, San Diego,
applicant, stated that he felt the block wall would be an
eyesore and could invite graffiti vandalism.
Gary Anderson, owner of Temecula Jeep/Eagle, indicated
~hat he had no problems with the screening whether it was
a wall or landscaping. Mr. Anderson ~id ask that
something be done about the present condition of the
property.
Gary Thornhi11 advised that he had.received a phone call
from the Toyota dealership owner, who had reservations
about the deletion of the block wall.
The Commission as a whole expressed concern for the
adequate screening of the service bay area and indicated
that they were not in favor of deleting the requirement'
for the block wall.
Chairman Hoagland asked that staff amend the language for
Condition of Approval No. 17 which references using
decomposed granite for parking.
It was moved by Commissioner Fahey, seconded by
Commissioner Blair, to close the public hearing at 7:15
P.M. and Reaffirm the previously adopted Negative
Declaration for Conditional Use Permit No. 2, Revised No.
1 and Adopt Resolution No. 92-[next] approving the
Extension of Time for Conditional Use Permit No. 2,
Revised No. 1, based on the analysis and findings
contained in the staff report and subject to the
Conditions of Approval including Condition No. 24 and
with modification to Condition No. 17 as outlined by
staff. The motion was carried unanimously.
TENTATIVE PARCEL MA~ 27336
7.1 ' ~Dosal for approval of.a reVersio~ as
"'i~. ~B~.,~~~-~4-,,~it~-~-- Lot Plan No.
239~_. ~~e~i~4~,~M~' .~/Winchester Road
between~- -~~ .~u~.
Saied Naaseh s,~m,,,~__ ~Staff report.
-4- 4/o9/s2
PCMIN4/06/92 , ~
ATTACHMENT NO. 2
CITY OF TEMECULA APPEAL OF DECISION APPLICATION - APPEAL NO. 26
oI the ~nl~pal ~de, ~e fel~wlng app~on mm N ~ted er ~ ~ ~ ~tmed to ~ '
appellant. ~ ep~al must h fged wl~ln ten {10) we~ng ~ ef ~e d~e~iMdon for wh[~ ' '
a review ~ sought,:
Appealln~ the dec/s/on °f ~he:
Relative tc the lOgon taken
$4
(Business)
(Specify Dlra~or, Boer~ or .Comm ss on}
/
Reason or Justification to aupport ~e appeal {Appellant mulr submit wltl~ this appeal each laaue
which ~he eppeiTent elieRas wee wronety determined tO9ebSer wit~ every a~reemant and a copy
ef every item of evidence. (Attach separate sheez of paper if necessary)
De3lmd acdon to be taken:
A pp'e Oat!/P
:l; i'40~ ',"EZ~iECUL;'
ATTACHMENT NO. 3
CITY COUNCIL MINUTES, JUNE 23, 1992
City Council Minutes June 23.1992
15.
APPeal N0.26 (ADoeal of Condition of APProval NO. 24 Reouirina a Block Wall Alono
the Southern and Northern Portions of Conditional Use Permit No. 2. Revised No. 1)
Director of Planning Gary Thornhill presented the staff report.
Mayor Birdsall opened the public hearing at 10:04 PM.
Eric Gable, representing the applicant, spoke in favor of the appeal, stating that
landscaping would be a more effective screen and will not cause the graffiti problem
that is often associated with a wall.
Councilmember Mu~oz asked if the proposal is to remove the wall completely or just
a section of the wall. Mr. Gable stated he proposed complete removal of the wall.
Mayor Birdsall closed the public hearing at 10:09 PM.
Councilmember Parks stated he prefers the idea of landscaping rather than walls and
if the Planning Department feels they can adequately screen the bays from Ynez Road
he is in favor. He stated, however, that he does not want to see the open bays from
Ynez Road and suggested having a landscape screen to the face of the building and
a wall the rest of the way.
Councilmember Moore stated she does not want to see the bays, however if the
Planning Department feels landscaping iS adequate, she would be in favor of
eliminating the condition.
It was moved by Mayor PrO Tern Lindemans, seconded by Councilmember Moore
uphold the appeal and to direct staff to submit the landscape plan to the Planning
Commission for approval.
City Manager Dixon expressed concern stating it needs to be clearly identified what
the Council wants in terms of landscaping and where walls begin and end, He also
expressed concern that adequate controls would be placed on landscape maintenance,
and stated that walls are permanent.
it was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Mu~oz to
extend the meeting until 10:30 PM. The motion was unanimously carried.
City Attorney Field suggested that the motion be amended as follows: Uphold the
appeal of Condition No. 24 with the stipulation that the landscape plan be submitted
to the Planning Commission for approval and that a condition of approval be added to
require a landscape agreement be executed and recorded with the plot plan to assure
that proper landscape maintenance is provided.
Minutes\06\23~92 -9- 08104/92
City Council Minutes June 23, 1992
MayOr Pro Tern Lindemans, and Councilmember Moore amended the motion and
second accordingly, The motion was unanimously carried.
16.
20 for Plot Plan No. 10605, Amendment No. 1, Revised Permit No.
$nce No. 11 - To-Mac Eneineerina
~g Gary Thornhill presented the staff report.
Ma for Bi~
called a brief recess at 10:22 PM to change the tape.
10:23 PM.
W85
Mayor Birdsall ned the public hearing at 10:24 PM.
Tony Terrich, Street, To-Mac Engineering,
requested that the be granted . He stated thi,.
pavement and will ground water. He
business that do not have ~alt parking lots. He
Specific Plan is in process sphalt may not be
of approval not be enforced time.
g the applicant,
paving is a porous
hat there are other similar
since ~he Old Town
Old Town, this condition
Councilmember Mu~oz asked ho~
certificate of occupancy. Mr.
he did have approval for temporary oc
has been occupied without a
approximately 11/2 years, however
ncy by staff.
James Marpie, 27120 El Rancho
pavement and recommended thi..
City, stated gravel is an ideal porous
as an acceptable paving.
It was moved by Mayor Pro
extend the meeting for 15
Lindemans, sE ~ded by Councilmember Moore to
The motion unanimously carried.
Mayor Birdsall closed ublic hearing at 10:35
Councilmember Me
is doing the desi
learned that gr
stated she asked staff to contac Irban Design Group, who
,ork for the Old Town Specific Plan ffter speaking to them
will not be a recommended paving in Old vn Specific Plan.
It was me
approve
by Councilmember Moore, seconded by
recommendation.
!tuber Mu~oz to
Ma, o Tem Lindemans stated he likes the old time flavor of gravel.
recommend that the applicant be given a year until the Old
by the proper citizen groups and proper hearings.
stated he
:ific Plan
:ouncilmember Mu~oz stated he feels that the property owner should live
conditions of approval.
le
Minutes~06\23\92 -1 O- 08/04/92
ATTACHMENT NO. 4
Lt:~ ~ER AND PICTURES FROM APPLICANT, FEBRUARY 23, 1993
February 23, 1993
RECEIVED
CIIY OF TEMECULA
Mathew Fagen
c/o City of Temecuta Planning Dept.
43174 Business Park Dr.
Temecula, CA 92590
RE: YNEZ CAR CARE CENTER
Dear Mathew:
AS you know, one of the conditions of approval for the plot plan
for the Ynez Car Care Center was the planting of a 6 foot high
landscape "wall" on the Northeast and Southeast property line of
our project. This requirement was placed on our plot plan by the
Bedford Architectural Control Committee with the intent to screen
the view of Bay doors from traffic on Ynez Road. At the time the
project was conceived, it was difficult todetermine what portion
of our buildings could be seen from Ynez Road, and what effect a
screen wall would have on that visibility.
Now that our project is 90% complete, it is possible to determine
what effect, if any, a screen walt may have to limit the visibility
of Bay Doors from Ynez Road. To demonstrate the effectiveness of
a screen wall, I parked a truck which is approximately 6 1/2 feet
high where the screen wall was proposed on the Northeasterly
property line. The attached photos (Number 1,2 & 3) are taken from
Ynez Road and demonstrate that the.screen wall would by completely
ineffective in screening the building Bays from view on Ynez Road.
The reason for this is that the building pad is approximately six
to seven feet lower than street level. (As shown in photo No. 4).
The identical situation exists on the Southern boundary of our
pro3ect. In fact, more actual screening of our bay doors takes
place due to the display autos parked in front of the Toyota and
Jeep dealer on each side of our project than there could possibly
be through any screen wall we could construct.
Due to the situation I have described, I am requesting the Planning
Department waive the condition of approval requiring the screen
walls and allow us to plant normally per the revised landscape
plans I have submitted for your approval. In addition to being
ineffective, these screens represent an excessive cost of
approximately $8,000.00 to me which I cannot afford to spend in
this economy.
Page 2
Mathew'Fagen
February 23, 1993
My leasing efforts have been hampered due to the fact that my
center already is very expensive for many tenants especially since
many existing automotive users are operating illegally in
industrial space west of the freeway at rates on half of'what I
must charge for my space with proper parking requirements.
In addition to the previously mentioned change, we have eliminated
some of the side yard trees due to the fact that these trees
already exist in the parkways. (As shown in photo # 4 and # 5).
Please review our amended plans and give me your comments as soon
as possible. Without any further rain delays we expect to open for
business March 20, 1993. Please phone me at (619) 587-1985, ~f you
have any questions.
Very Tr ly Yo rs,
'1
TOYOTA
TOYOTA
ITEM #7
STAFF REPORT o PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
April 5, 1993
Case No.: PA93-0025, Minor Conditional Use Permit
Prepared By: Craig D. Ruiz, Assistant Planner
RECOMMENDATION:
The Planning Department Staff recommends that the Planning
Commission:
ADOPT Resolution No. 93- approving PA93-0025, Minor
Conditional Use Permit based on the Analysis and Findings
contained in the Staff Report and subjeot to the attached
Conditions of Approval.
APPLICATION INFORMATION
APPLICANT:
Bruce Wade, High Society Family Billiards
REPRESENTATIVE:
Fred Grimes, West Mar Commercial Brokerage
PROPOSAL:
A request to locate a 3,700 square foot billiards parlor in an
existing building in the Manufacturing Service Commercial (M*
SC) zone.
LOCATION:
27039 Jefferson Avenue, Suites 101-103
EXISTING ZONING:
M-SC (Manufacturing Service Commercial)
SURROUNDING
ZONING:
North:
South:
East:
West:
M-SC (Manufacturing Service Comme~'cial)
C-P-S (Scenic Highway Commercial)
C-P-S (Scenic Highway Commercial)
M-SC (Manufacturing Service Commercial)
PROPOSED LAND USE
DESIGNATION:
Highway/Tourist Commercial
EXISTING LAND USE: Office/Commercial
SURROUNDING
LAND USES:
North:
South:
East:
West:
Vacant
Retail/Commercial
Retail/Commercial
Office
R:\S~STAFFRPT',25PA93.PC 3/31/93 Idb
BACKGROUND
This project was submitted to the Planning Department on February 8, 1993. It was
subsequentif/scheduled for Development Review Committee (DRC) on February 25, 1993.
The major concern of the project, up to that point, was parking. While there is adequate
parking for the proposed use, there may be a shortage of parking spaces as the plaza becomes
fully occupied. At this time, there are five vacant suites totaling 5406 square feet. The
representative for the project has been informed that future uses in the plaza may require a
parking study to ensure adequate parking.
The project was scheduled for March 18, 1993 Director's Hearing. After the meeting was
scheduled and advertised, the Planning Department received a letter and subsequently a phone
call in opposition to the application. It was determined by the Planning Director to move this
item from the Planning Director's agenda and schedule it before the Planning Commission due
to the potential for controversy.
PROJECT DESCRIPTION
The proposed project is located at 27309 Jefferson Avenue, Suites 101-103, in the Jefferson
Creek Plaza. The project is a proposal .to locate a 3704 square foot billiards-parlor in an
existing building in the Manufacturing Service Commercial (M-SC) Zone.
ANALYSIS
Staff has received one letter of opposition to the proposed project (see attachment No.4).
There have also been subsequent phone calls to the Temecula Police Department and Planning
Department by the Same individual stating his opposition to the proposed use permit. The
opposition stems from problems associated with the applicant's similar businesses in the City
of Lake Elsinore and the Community of Ramona in northeast San Diego County. The
Temecula Police Department and planning staff have investigated these claims with the
appropriate people and agencies and have found the claims to be of some validity. However,
staff, in the opinion of the City Attorney, cannot judge this application at this location based
upon circumstances in other locations. This request must be judged solely on the merits of
the application.
Section 18.28 of Ordinance No. 348 stipulates that a Conditional Use Permit cannot be
granted if the proposed uses would pose a threat to the public health, safety and general
welfare of the community. Conditions have been placed upon this project which will insure
that the proposed use will not pose such a threat. In the event that the applicant violates the
conditions of approval, the Conditional Use Permit may be revoked pursuant to Section 18.31
of Ordinance No. 348.
ZONING AND FUTURE GENERAL PLAN CONSISTENCY
The project site is zoned M-SC (Manufacturing Service Commercial) and the adjacent parcels
are zoned M-SC and C-P-S (Scenic Highway Commercial). The proposed project is consistent
with all requirements of the M-SC Zone and Ordinance 348.
The proposed Draft General Plan Land Use Designation is Highway/Tourist Commercial. It is
anticipated that the site will likely be consistent with the City's future adopted General Plan.
R:\S\STAFFRPT~25PA93,PC 3/31/93 Idb 2
ENVIRONMENTAL DETERMINATION
Staff has determined the project to be a Class 1 Categorical Exemption from the California
Environmental Quality Act. As such, no further environmental review was required.
SUMMARY/CONCLUSIONS
In staff's opinion, the proposed billiards parlor has been conditioned to be compatible with the
surrounding uses. The project conforms with Ordinance No. 348 and. is consistent with the
current zoning designation of Manufacturing Service Cornmer~ial and the Draft General Plan
designation of Highway/Tourist Commercial. The use is exempt from the California
Environmental Impact Report and will therefore have no adverse impact on the built
environment.
FINDINGS
There is a reasonable probability that PA93-0025, Minor Conditional Use Permit 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 project is
consistent with the existing zoning of Manufacturing Service Commercial and the
Draft General Plan Land Use designation of Highway/Tourist Commercial.
2. The proposed project is consistent with Ordinance No. 348 since it meets all the
requirements of Ordinance No. 348.
The project as designed and conditioned will not adversely affect the public health or
general welfare of the community. The project meets the criteria prescribed under
Ordinance No. 348, Section 18.28. In addition, the attached Conditions of Approval
will assure adequate circulation, access and parking which will facilitate the proposed
Use,
The proposal will not have an adverse effect on surrounding property, because it does
not represent a significant change to the present or planned land use of the area. The
project conforms with applicable land use and development regulations. Surrounding
development is predominantly commercial and offices which operate during day and
evening hours. The proposed use has been conditioned to insure it will not impact the
surrounding area businesses.
The proposed project will not have a significant impact on the environment since the
project is a Class 1 Categorical Exemption from the California Environmental Quality
Act.
R:\S\STAFFRPT~25PA93.PC 3/31/93 idb 3
Attachments:
Resolution - Blue Page 5
Conditions of Approval - Blue Page 10
Exhibits - Blue Page 14
Ao Vicinity Map
B. Zoning Map
C. Site Plan
Letter 0f Opposition - Blue Page 15
R:\S\STAFFRPT~25PA93.PC 3131193 klb 4
ATTACHMENT NO. 1
PC RESOLUTION NO. 93-
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ATTACHIvrgTNT NO. 1
PC RESOLUTION NO. 93-
A RESOLUTION OF ~ PLANNING COMMISSION OF
~ CITY OF TEMECULA APPROVING PA93-0025,
MINOR 'CONDITIONAL USE PERIVIIT TO PERMIT
OPERATION OF T~F- HIGH SOCIETY BH.LTARDS
PARLOR LOCATI~'.r} AT 27309 JEFFERSON AVENUE,
SUITES 101-103.
W!tl~.REAS, Bruce Wade fried PA93-0025, Minor Conditional Use Permit in accordance
· with the Riverside County Land Use, Zoning, planning and Subdivision Ordinances, which the
City has adopted by reference;
WHEREAS, said Conditional Use Permit application was processed in the time and
manner prescribed by State and local law;
WHEREAS, the Planning Commission considered said Conditional Use Permit on April
5, 1993, at which time interested persons had an opportunity to testify either in support or
opposition;
Wtt'EREAS, at the conclusion of the Commission hearing, the Commission
recommended approval of said Conditional Use Permit;
NOW, TFIFREFORE, ~ PLANNING 'CO1VIiMI~SION OF TItle CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Findings. That the Temecula Planning Commission hereby makes the
following findings:
A. Pursuant to Government Code Section 65360, a newly incorporated city shall
adopt a general plan within thirty (30) months following incorporation. During that 30-month
period of time, the city is not subject to the requirement that a general plan be adopted or the
requirements of state law that its decisions be consistent with the general plan, if all of the
following requirements are met:
1. The city is proceeding in a timely fashion with the preparation of the
general plan.
2. The planning agency f'mds, in approving projects and taking other actions,
including the issuance of building permits, each of the following:
R:\S%STAFFRPTX25PA93.PC 3/31/93 klb 6
a. There is a reasonable pwbability 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 little or no probability of substantial detriment to or
inte~erence 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 law and 'local ordinances.
A. 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.
B. The proposed Conditional Use Permit is consistent with the SWAP and meets the
requirements set forth in Section 65360 of the Government Code, to wit:
The city is proceeding in a timely fashion with a preparation of the general
2. The Planning Commission finds, in approving projects and taking other
actions, including the issuance of building permits, pursuant to this rifle, each of the following:
a. There is reasonable probability that PA93-0025, Minor Conditional
Use Permit proposed will be consistent with the general plan proposal being considered or
studied or which will be studied within a reasonable time.
There is little or no probability of substantial detrimem 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 complies with all other applicable
requirements of state law and local ordinances.
C. Pursuant to Section 18.26(e), no Conditional Use Permit may be approved unless
the applicant demonstrates the proposed use will not be detrimental to the health safety and
weftare of the community, and further, that any Conditional Use Permit approved shall be
subject to such conditions as shall be necessary to protect the health, safety and general weftare
of the community.
D. The Planning Commission, in approving the proposed Conditional Use Permit,
makes the following findings, to wit:
R:\S\STAFFRPT~25PA93.PC 3/31/93 Idb 7
1. Them is a reasonable probability that PA93-0025, Minor Conditional Use
Permit 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 project is consistent
with existin~ zoning of Manufacturing Service Commercial and the Draft General Plan l-~nd
Use designation of Highway/Tourist Commercial.
2. The proposed project is consistent with Ordinance No. 348 since it meets all
the requirements of Ordinance I%1o. 348.
3. The project as designed and eonditioned will not adversely affect the public
health or general welfare of the community. The project meets the criteria prescribed under
Ordinance No. 348, Section 18.28. In addition, the attached Conditions of Approval wffi assure
adequate circulation, access and parking which will facilitate the proposed use.
4. The proposal will not have an adverse effect on surrounding property, because
it does not represent a significant change to the present or planned land use of the area. The
project conforms with applicable land use and development regulations. Surrounding
development is predominantly commercial and offices which operate during day and evening
hours. The proposed use has been conditioned to insure it wffi not impact the surrounding area
businesses.
5. The proposed project will not have a significant impact on the environment
since the project is a Class 1 Categorical Exemption from the California Environmental Quality
Act.
E. As conditioned pursuant to Section 3, the Conditional Use Permit proposed is
compatible with the health, safety and welfare of the community.
Section 2. Environmental Compliance. The proposed use has been determined to be a
Class I Categorical Exemption from the California Environmental Quality Act.
Section 3. Conditions. That the city of Temecula Planning Commission hereby approves
PA93-0025, Minor Conditional Use Permit for the operation of High Society Billiards Parlor
located at 27309 Jefferson Avenue, Suites 101-103 subject to the following conditions:
A. Exhibit A, attached hereto.
R:\S\STAFFRPT~25PA93,PC 3/31/93 klb 8
Section 4. PASSI~.D, APPROVED AND ADOFrED this 5th day of April, 1993.
LINDA L. FAHEY
CHAIRMAN
I n'F. Ul,.Ry CERTIFI( that the foregoing Resolution was duly adopted by ~he Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of April,
1993 by the following vote of the Commission:
PLANNING COMMISSIONF./~:
NOES:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
GARY THORNItlIJ.
SECRETARY
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A'I'FACHMENT NO. 2
CONDITIONS OF APPROVAL
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CITY OF TEMECULA
CONDITIONS OF APPROVAL
Case No. PA93-0025, Minor Conditional Use Permit
Project Description:
A request for approval for locating an approximately 3700
square foot billiards parlor in an existing building in the
Manufacturing Service Commercial (M-SC)zone. The
project site is located at 27309 Jefferson Avenue, Suites
101,102, 103.
Applicant: Bruce Wade, High Society Family Billiards
Assessor's Parcel No.: 909-281-029
PLANNING DEPARTMENT
The use hereby permitted by this Conditional Use Permit is a request for approval to
locate an approximately 3700 square foot billiards parlor in an existing building in the
Manufacturing Service Commercial (M-SC) zone. The project site is located at 27309
Jefferson Avenue, suites 101,102, 103.
The permittee shall defend, indemnify, and hold harmless the City of Temecula, its
agents, officers, and employees from any claims, action, or proceeding against the City
of Temecula or its agents, officers, or employees to attack, set aside, void, or annul,
an approval of the City of Temecule, its advisory agencies, appeal boards, or legislative
body concerning PA93-0025, Minor Conditional Use Permit. The City of Temecula will
promptly notify the permittee of any such claim, action, or proceeding against the City
of Temecula and will cooperate fully in the defense. If the City fails to promptly notify
the permittee of any such claim, action or proceeding or fails to cooperate fully in the
defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or
hold harmless the City of Temecula.
This approval shall be used Within one (1) year of appro{/al date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the one (1) year period which is thereafter
diligently pursued to completion, or the beginning of substantial utilization
contemplated by this approval. This approval Shall expire on April 5, 1994.
The development of the premises shall conform substantially with that as shown on
the site plan for PA93-0025, Minor Conditional Use Permit marked Exhibit "A", or as
amended by these conditions.
Days and hours of operation shall be limited to Monday through Thursday 11:00 a.m. -
12:00 a.m., Friday and Saturday 11:00 a.m. - 2:00 a.m.
The Minor Conditional Use Permit may be revoked pursuant to Section 18.31 of
Ordinance 348 and for non-compliance with any condition of approval.
R:~S\STAFFRPT~25PA93.PC 3/31/93 klb 11
8.
9.
10.
11.
12.
13.
14.
15.
16.
At such time that the use is increased in size or the site is significantly altered, the
applicant shall re-file with the Planning Department.
In the' event the use hereby permitted ceases operation for a period of one (1) year or
more, this approval shall become null and void.
A minimum of 30 parking spaces shall be provided for the use in accordance with
Section 18.12, Riverside County Ordinance No. 348.
A minimum of 1 handicapped parking spaces shall be Ijrovided. The location of the
handicapped parking spaces shall be approved by the Planning Director. Each parking
space reserved for the handicapped shall be identified by a permanently affixed
reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying
the International Symbol of Accessibility. The sign shall not be smaller than 70 square
inches in area and shall be centered at the interior end of the parking space at a'
minimum height if 80 inches from the bottom of the sign to the parking space finished
grade, or centered at a minimum height of 36 inches from the parking space finished
grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each
entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly
and conspicuously stating the following:
"Unauthorized vehicles not displaying distinguishing placards or
license plates issued for physically handicapped persons may be
towed away at owner's expense. Towed vehicles may be
reclaimed at or by telephone
In addition to 'the above requirements, the surface of each parking space shall have a
surface identification sign duplicating the Symbol of Accessibility in blue paint of at
least 3 square feet in size.
Fire protection shall be provided in accordance with the appropriate section of
Ordinance No. 546 and the County Fire Warden's transmittal dated February 22, 1993,
a copy of which is attached.
The applicant shall comply with the recommendations set forth in the Eastern
Municipal Water District transmittal dated February 23, 1992, a copy of which is
attached.
The applicant shall comply with the recommendations set forth in the Riverside County
Health Department transmittal dated February 19, 1993, a copy of which is attached.
The applicant shall comply with the recommendations set forth in the RanCho
California Water District's transmittal dated March 9, 1993, a copy of which is
attached.
The applicant shall comply with the recommendations set forth in the Temecula Police
Department's transmittal dated March 30, 1993, a copy of which is attached.
All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
R:\S\STAFFRPT~25PA93,PC 3/31/93 klb 12
BUILDING AND SAFETY
17.
The applicant shall comply with applicable provisions of the 1991 edition of the
Unifdrm Building, Plumbing and Mechanical; 1990 National Electrical Code; California
Administrative Code Title 24 Energy and Handicapped Regulations and the Temecula
Code.
18.
Prior to the commencement of any construction work, obtain all building plan and
permit approvals.
19.
All existing buildings and facilities must comply with applicable handicapped
accessibility regulations.
20.
Provide house electrical meter provisions for power for the operation of exterior
lighting, fire alarm systems.
21.
Restroom fixtures, number and type, shall be in accordance with the provisions of the
1991 edition of the uniform plumbing code, Appendix C.
22. Plans are not sufficient issuance for building permits.
23.
The applicant shall provide electrical plan including load calcs and panel schedule,
plumbing schematic and mechanical plan for plan review.
DEPARTMENT OF PUBLIC WORKS
No Comments.
R:~S\STAFFRPT~25PA93.PC 3/31/93 kJb 13
RIVERSIDE COUNTY
FIRE DEPARTMENT
210 WEST SAN JACINTO AVI~IUE · PERRIS, CALIFORNIA 92~70 · (gOg) 657-3183
February 22, 1993
TO:
CITY OF TEME~ULA
PLANNING DEPARTMENT
ATTN:. CRAIG RUIZ
RE: PA 93-0025
With respect to the conditions of approval for the above refer-
enced plot plan, the Fire Department recommends approval of the
project subject to the following the following fire protection
measures in accordance with City of Temecula Ordinances and/or
recognized fire protection standards:
The access provided for the existing site and the on-site Water
system (fire hydrants) are adequate for the proposed use, the
following items shall be shown on the tenant improvement building
plans. A Fire Department plan checker will review the tenant
improvement plans while they are at the Building and Safety
Department.
1. FIRE LANES
The existing fire lanes are required to be maintained. The fol-
lowing note shall be placed on the tenant improvement site plan
sheet. Designated fire lanes (building access) shall
remain unobstructed and permanently maintained".
2. FIRE SPRINKLERS
Place the following note onthe tenant improvement plan title
sheet. The existing automatic fire sprinkler system,shall be
extended to provide coverage in all areas". Plans shall be sub-
mitted to the Fire Department by a licensed contractor prior to
the work being started.
3. Knox Key Lock Box
Place the following note on the tenant improvement plan title
sheet. The building shall be equipped with a Knox
Kev Lock Box ". The applicant shall contact the Fire
Department for specifications and a Knox permit application.
]~RIVERSIDE OFFICE
3760 12t~ Street, Riverside, CA 92501
(909) 275-4777 · FAX (909) 369-7451
FIRE PREVENTION DIVISION
PLANNING SECTION
0 INDIO OFFICE
7g-733 Coumry Club Drive, Suite F, lndio, CA 92201
(619) 863-8886 · FAX (619) 863-7072
PA 93-0025 pg.2 February 22, 1993
3. FIRE EXTINGUISHERS
Show the location of all portable fire extinguishers," (one per
5000 sq. ft. or 75 ft. travel distance)on the tenant improvement
building plans. Fire extinguishers located in assembly areas or
exit corridors shall be in recessed cabinets mounted 48" (inches)
to center above floor level with maximum 4" (inch) projection
from the wall.
4.. Provide details of the type of lock or latch on existing
doors. Panic hardware is required for"all exits other than one
main front door.
All questions regarding the meaning of conditions shall be
ferred to the Planning and Engineering Staff.
RAYMOND H. REGIS
Chief Fire Department Planner
Eastern Municipal /ater District
General Manager
J Andrew Schlange
Legd Counsel
Redwine and Shetrill
February 23, 1993
Craig Ruiz, Case Planner
City of Temecula
Planning Department FEB
43174 Business Park Drive
Temecula, CA 92590
SUBJECT: PA 93-0025, Minor Conditional Use Permit
To Whom It May Concern:
We have reviewed the materials transmitted by your office which describe the subject project.
Our comments are outlined below:
General
It is our understanding the subject project is a proposed use of an existing building located at
27309 Jefferson Avenue, Suites 101, 102, and 103.
The subject project is located within the District's sanitary sewer service area. However, it must
be understood the available service capabilities of the District's systems are Continually changing
due to the occurrence of development and programs of systems improvement. As such, the
provision of services will be based on the detailed plan of service requirements, the timing of
the subject project, the status of the District's permit to operate, and the service agreement
between the District and the developer of the subject project.
The developer must arrange for the preparation of a detailed plan of service. The detailed plan
of service will indicate the location(s) and size(s) of system improvements to be made by the
developer (or others), and which are considered necessary in order to provide adequate. levels
of service. To arrange for the preparation of a plan of service, the developer should submit
information describing the subject project to the District's Customer Service Department, (909)
925-7676, extension 409, as follows:
1 } Written request for a "plan of service"
Mail To: Post Office Box 8300 · SanJacinto, California 92581-8300 · Telephone (909) 925-7676 · Fax (909) 929-0257
Main Office: 2045 S. San Jacinto Avenue, San Jacinto · Customer Service/Engineering Annex: 440 E. Oakland Avenue, Hernet, CA
Craig Ruiz
PA93-0025
Febn~ry 23, 1993
Page 2
2} Minimum $400.00 deposit (larger deposits may be required for extensive
development projects or projects located in difficult to serve geographic areas.
3} Plans/maps describing the exact location and nature of the subject project.
Especially helpful materials include grading plans and phasing plans.
Sanitarv Sewer
The subject project is considered tributary to the District's Temecula Valley Regional Water
Reclamation Facility.
The nearest existing and available Temecula Valley Regional Water Reclamation Facility system
sanitary sewer facilities to the subject project are as follows:
· 8-inch diameter sewer aligned along Jefferson Avenue, fronting the subject project.
Other Issues
Contact must be made with the District's Customer Service Department at (909) 925-7676,
extension 404 for the purpose of establishing a sewer service account for the new user(s) of the
existing building.
Should you have any questions regarding these comments, please feel free to contact this office
at (909) 925-7676, extension 409.
Very truly yours,
EASTER MUNICIPAL WATER DISTRICT
Judith C. Conacher
Development Coordinator
DGC/clz
(wp-ntwk-PA930025 .clz)
AB 93-267 (partial)
_ cc: Planning
Record Archives
County of Riverside
HEALTH SERVICESAGENCY
TO:
FROM:
RE:
C~TY OF TEMECULA PLANNING DEPT.
A~TN: raig Ruiz DATE:
~f~IRONMENTAL HEALTH SPECIALIST IV
MINOR CONDITIONAL ~SE PERMIT NO.'PA93~0025
02-19-93
RECEIVED
· FEB 2 .q 1993
Ans'd .............
Department of Environmental Health has reviewed the Minor
Conditional Use Permit NO. PA93-0025 and has no objections.
PRIOR TO BUILDING PLAN APPROVAl.. the following are required:
1. "Will-serve" letters from the appropriate
water and sewerin~ districts.
If there are to be any food establishments,
three complete sets of plans for each food
establishment will be submitted including
a fixture schedule, a finish schedule and a
plumbing schedule in order to ensure
compliance with the California Uniform
Retail Food Facilities Law.
SM:dr
(909) 275-8980
Kancho
Water
Doug Kulberg
Jeffrey L. Minkler
March 9, 1993
,.,,Fir. Craig Ruiz
City of Temecula
Planning Department
43180 Business Park Drive
Temecula, CA 92590
SUBJECT: Water Availability, APN 909-281-029
PA93-0025, Minor Conditiona/Use Permit
Dear Mr. Ruiz:
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, ff any, to RCWD.
If you have any-questions, please contact Ms. Senga Doherty.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICY.
Steve Brannon, P. E.
Manager of Development Engineering
SB:~O:aj61/F186
cc: Senga Doherty, Engineering Technician
I'IHR 3a '93 ~::]5::~PM SW ~,~F_RIFF STIlTION P.~
RECEI.VED
MAR ~ 0 1993
Ans'd ............
Temecula Police Department
Memormtdum
TOt Craig, RUi2, Asliltant Plan~er
· Ms Den Feltenberger, Officer
]tit
Date: 03-30-93
Final Conditions of Approval for airier Conditional Permit
No. PA930025, Family Billiards
The following ere recommendations for Conditions of Approval
for the above referenced application.
Naximu~ amount of lighting allowable per Mr. Palemar
restrictions in parking area of establishment.
2. Low density landscaping (shrubbery) in parking area and
around 'the building, specifically window areas.
3, Maintain adequate number "high visibility" in house se~urlty
=rained in recognizing, averting, and reporting potential
problems within establishment during operating hours.
Provide constant security personnel in parking lot area
during peak business hours, (after sunset).
~ost "No Loitering" signs in conspicuous areas of parking
lot and make effort to discourage loitering outside
establishment.
..v. on .y on...tr....rid o...it .v.,.1.b:,.e
public. These doo~s must be secured by personnel
hours of operation. Further recommend any other access doors
be alarmed when opened·
No one under eighteen years of age in establishment after
10:00 pm. Would prefer ~o one under twenty-one years after
10:00
Allow no one under twenty-one into the establishment if they
have bean drinking alcoholic beverages. Peraonnel should be
trained to recognize the objective symptoms of intoxication.
Recommend establishment have a designated driver program in
effect. Police Department can be contacted for suggestions if
~eeired.
If _multiple end/or constant problems arise at
establishment which adversely impact the Police Department--
the Police Depar~men~ can at the discretion of the Police
Chief assign officers ~o work aU the establishment.
number of Officers assigned, ~he hours and days worked is also
at ~he discretion of ~he Police Chief. ~ny Officers so
aseig~ed will be at the current ex~a duty rate of pay and
will he paid for by the owner of the establishment.
The above are reoommendationeb~the Police Department to help
minimize potential crininal problems.
Dan FeltenberVer, Officer
Temeoula Police Department
(909) ~96-3088
A'I'I'ACHMENT NO. 3
EXHIBITS
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CITY OF TEMECULA
CASE NO.: MINOR CONDITIONAL USE PERMIT NO. PA93-0025
EXHIBIT: A VICINITY MAP
P.C. DATE: APRIL 5, 1993
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CITY OF TEMECULA
CASE NO.: MINOR CONDITIONAL USE PERMIT NO. PA93-0025
EXHIBIT: B ZONING MAP
P.C. DATE: APItH, 5, 1993
R:~S\STAF:FRPT~25PA93.PC 3/31/93 klb
CITY OF TEMECULA
/
/
/
~,.
i
i
i
i
CASE NO.: MINOR CONDITIONAL USE PERMIT NO. 'PA934)025
EXHIBIT: C
P.C. DATE: APRIl. 5, 1993
SITE PLAN
R:\S\STAFFR~T~25PA93.pC 3/31/93 klb
A'iTACHMENT NO. 4
L~-.: ER OF OPPOSITION
R:\S\STAFFRPT%25pA93.pC 3/31/93 klb 15
}~rch 6, 1993
Gary Thornhill
Planning Director
43174 Business Park Dr.
Temecula, CA 92590
SUBJECT:
RECEIVED
MAR 0 9 1993
/ s'd ............
Public Hearing -
Conditional Use Permit request
We are officially protesting the issuance of a Conditional Use Permit for
Hi Society Billiards Club at 27314 Jefferson Ave. in Temecula. Allow me if
I may to state the City's experience with Billiard Clubs to date. Approximately
3 to 3 ~ years ago a billiard club by the name of "Golden Cue" opened in South
Creek Mall. They quickly established a reputation of being a loose run operation
-~here anyone could buy beer and have a good time. Shortly after opening a
"stabbing" occurred, and the business was closed. The business was started by
an out of area individual who was only interested in a "quick buck" and not the
community of Temecula. On approximately February 16, 1991 the Q Club opened at
27911 Front St. Suite 104, Temecula, 1 to 1½ years a~ter the closing of the
Golden Cue. The Q Club is owned and operated by a local family, Ed and Tess
Downer. They have a daughter who graduated from Temecula Valley High School
and one currently in Margarita Middle School, (an honor roll student.)
The Q Club is an upscale Family oriented disciplined business. The Q Club
has supported numerous local and school programs, and continues to give discounts
to Temecula Valley, Linfield and ~rrieta Higb Students. We are sports, yearbook,
and special program supporters for all three schools. We have provided a clean,
· wholesome disciplined environment for Temecula's youth f6r the past two years
and done so "trouble free." You will recall I am sure some of the problems at a
"local teen night club" and the Yellow Brick Road Arcade. Additionally, if you are
not aware, you should be of th~ many problems at the billiard club in Lake
Elsinore, "Old Tyme Billiards." I understand one of the applicants may have been
a former owner in Lake Elsinore. Many of these problems are the result of
management (or lack thereof) and motivation (what the owners expect to achieve and
what they are willing to do to get it.) The Q Club is managed every hour it is
open by the Downer family. Their mission statement for this business is simple,
"Provide a Service to The Community in which we live and operate an honest
business."
The in~aediate Temecula Valley area~pop~lation)~_is not..s~fficient to
support two billiard clubs. Given the demographics of the area and the current
economic c~nditions, 2 billiard clubs will not be able to survive. They will
need to advertise to out of area customers - or lower their standards of
operations - or both. This will and should cause additionally concern to the
citizens of Temecula. When the Teen night club advertised out of the area -
gang types fron north and south came and the local youth did not and would not
go with that element around. While I believe that everyone has a right to
pursu~ their chosen business, it may not be in TemecBla. For I believe the
City Council, City Manager and Planning Director have an obligation to the
City and to existing business not to authorize uses which could result in
'.failure and or problems. Lastly, since we have a good run business with a
good reputation, we do not want to be tainted by'others should they be
authorized and then have problems.
We respectfully request you deny this request.
Ed and Tess Downer
cc: City Council
ITEM #8
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
April 5, 1993
Case No.:
PA93-0038, Minor Conditional Use Permit
Prepared By:
Craig D. Ruiz, Assistant Planner
RECOMMENDATION:
The Planning Department Staff recommends that the Planning
Commission:
ADOPT Resolution No. 93- denying PA93-0038, Minor
Conditional Use Permit based on the Analysis and Findings
contained in the Staff Report.
APPLICATION INFORMATION
APPLICANT:
Charles Mitich, Dimensions Nightclub
PROPOSAL:
A request to convert an existing young adult nightclub into a
adults only nightclub which will allow the selling and on-site
consumption of alcohol.
LOCATION:
28822 Front Street, Suite 203
EXISTING ZONING:
C-P (General Commercial)
SURROUNDING
ZONING:
North:
South:
East:
West:
C-P (General Commercial)
CoP (General Commercial)
Interstate 15 (I-15)
C-1/C~P (General Commercial)
PROPOSED LAND USE
DESIGNATION:
Service Commercial
EXISTING LAND USE: General Commercial
SURROUNDING
LAND USES:
North:
South:
East:
West:
Retail/Commercial
Retail/Commercial
Interstate 15 (I-15)
Vacant
R:~S\STAFFRPT~38PA93,PC 3/31/93 tie
BACKGROUND
On February 23, 1993, the applicant filed a Minor Conditional Use Permit (CUP) application
in accordance with Ordinance No. 93-07 for the conversion of an existing young adult
nightclub to an adult nightclub. Ordinance No. 93-07 requires a CUP for the establishment
of bars and cocktail lounges.
Originally, the young adult nightclub was approved through Administrative Plot Plan No. 153
in JUne of 1991. The applicant also received City Council approval for Conditional Use Permit
No. 19 in April of 1992 for this same use. This additional approval was required as a result
of a shooting incident that had occurred in March of 1992. This modification was filed as a
Director approval; however because of concerns relating to compatibility of the proposed use,
the matter was referred to the Planning Commission for consideration.
PROJECT DESCRIPTION
The proposed use is located at 28822 Front Street, Suite 203. The use occupies an
approximately 10,140 square foot, two story suite. Presently, the site is used for the
Dimensions young adult nightclub. The Minor Conditional Use Permit is a request to convert
the existing nightclub into an adults only nightclub and to allow the selling and on-site
consumption of alcohol.
ANALYSIS
A Conditional Use Permit should not be granted unless the applicant demonstrates that the
proposed use will not be detrimental to the health, safety or general welfare of the
community. The location of the proposed use would be approximately 400 feet from both
the Temecula Teen Center and Skate City skating rink. The Temecula Teen Center and Skate
City skating rink are uses that cater primarily to minors.
It should be noted that the Teen Center will relocate to the Community Resource Center upon
completion of construction, However, the relocation is not anticipated to occur before
January of 1994.
While the location of this use is 28822 Front Street, the site is orientated to the I-15 freeway
· and is not visible to Front Street. The orientation of the building makes this use difficult to
patrol and monitor by the Temecula Police Department.
While this use is permitted in the General Commercial zone, in staff's opinion, the use in this
particular location is not compatible with the surrounding uses. The Temecula Teen Center
and Skate City will generally be open during the same hours as the proposed nightclub. The
sale and on-site consumption of alcohol in close proximity to the Temecula Teen Center and
Skate City skating rink would result in an incbmpatibility of land uses.
The Alcohol Beverage Control Board (ABC) considers the Teen Center to be a sensitive use.
Sensitive uses within 600 feet of a liquor license request are notified of such a request. If
objections are raised, the appeal must go before a hearing body of the ABC.
R:\S~STAFFRPT~3SPA93.pC 3/31/93 tie 2
ZONING AND FUTURE GENERAL PLAN CONSISTENCY
The project.site is zoned C-P (General Commercial) and the adjacent parcels are also zoned
General Corhmercial. While the proposed project is consistent with the requirements of the
C-P Zone, the use is not consistent with Section 18.28 of Ordinance 348 which requires that
a proposed use not pose a threat to public health, safety and general welfare of the
community.
The proposed Draft General Plan Land Use Designation is Service Commercial. It is
anticipated that the site will likely be consistent with the City's' future adopted General Plan.
ENVIRONMENTAL DETERMINATION
Staff has determined the project is not subject to the California Environmental Quality Act per
Section 15061 (b)(3).
SUMMARY/CONCLUSIONS
While the project is consistent with Section 9.1 of Ordinance No. 348 (the General
Commercial Zone) the proposed use does not meet the requirement of Section 18.28 of
Ordinance 348 for Conditional Use Permits. Section 18.28 requires that proposed uses not
pose a threat to public health, safety and general welfare of the community. Due to the
proximity of the proposed nightclub to the Temecula Teen Center and the Skate City skating
rink, the proposed use has the potential to pose a threat to the health, safety or general
welfare of the community.
FINDINGS
There is a reasonable probability that PA93-0038, Minor Conditional Use Permit 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 project is
consistent with existing zoning of General Commercial and the Draft General Plan
Land Use designation of Service Commercial,
The proposed project is not consistent with OrdinanCe No. 348 since the Use does not
meet all the requirements of SeCtion 18.28 of Ordinance No. 348 which requires that
a proposed use not pose a threat to public health, safety and general welfare of the
community.
The project, as proposed, will adversely affect the public health and welfare on the
grounds the use will allow the selling and on-site consumption of alcohol in close
proximity to the Temecula Teen Center and the Skate City skating rink.
The project, as proposed, would result in incompatible land uses on the grounds the
use will allow the selling and on-site consumption of alcohol in close proximity to the
Temecula Teen Center and the Skate City skating rink.
The proposed project is not subject to the California Environmental Quality Act per
Section 15061 (b)(3).
R:\S\STAFFRPT~38PA93,PC 3/31/93 tie 3
Attachments: 1.
2.
Resolution - Blue Page 5
Exhibits - Blue Page 9
A. Vicinity Map
B. Site Plan
R:\S\STAFFRPT%38PA93,pC 3/31/93
ATTACHMENT NO. 1
PC RESOLUTION NO. 93-
R:\S\STAFFRPT~39PA93.pC 3/31/93 tie S
ATfACHMBNT NO. 1
PC RESOLUTION NO. ~3-
A RESOLUTION OF ~ PLANNING COMMISSION OF
~ CITY OF TEMECULA DENYING PA93.-0038, MINOR
CONDITIONAL USE PERMIT TO CONVERT AN EXISTING
T!~EN NIGHTCLUB INTO AN ADULT ONLY NIGHTCLUB
AND ~ SELLING AND ON-SITE CONSUhIPTION OF
.ALCOHOL LOCATED AT 28822 FRONT STRF. F.T, SUITE
203, PARCEL NUMBER 922-093-002.
WI~.REAS, Charles Mitlch filed PA93-0038, Minor Conditional Use Permit in
· accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances,
· which the City has adopted by reference;
WtP;..REAS, said Minor Conditional Use Permit application was processed in the time
and manner prescribed by State and local law;
WFIEREAS, the Planning Commission considered said Conditional Use Permit on April
5, 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 denial of said Conditional Use Permit;
NOW, TFfF. REFORE, ~ PLANNING CO1VIMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
following findings:
Findinss.
That the Temecula Planning Commission hereby makes the
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:
B. The city is proceeding in a timely fashion with the preparation of the general plan.
C. 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 procefi_Aing in a timely fashion with the preparation of its General
Plan. ·
R:~S\STAFFRPT~38PA93.PC 3/31/93
D. Pursuant to Section 18.28(e), no Conditional Use Permit may be approved unless
the applicant demonstrates the proposed use will not be detrimental to the health, safety and
weftaxe of the COmmultity, and further, that any Conditional Use Permit approved shall be
subject to such conditions as shall be necessary to protect the health, safety and general weftare
of the community.
E. The Planning Commksion, in denying the proposed Conditional Use Permit,
makes the following findings, to wit:
1. Them ii'a reasonable probability thai PA93-0038, Minor Conditional Use
Permit will be consistent with the City's future General Plan, which will be completed in a
reasonable time and in accordance with State hw due to the fact that the project is consistent
with existing zoning of General Commercial and the Draft General Plan Land Use designation
of Service Commercial.
2. The proposed project is not consistent with Ordinance No. 348 since the
use does not meet all the requirements of Section 18.28 of Ordinance No. 348 which requires
that a proposed use not pose a threat to public health, safety and general weftare of the
community.
3. The project, as proposed, will adversely affect the public health and
welfare on the grounds the use will allow the selling and on-site consumption of alcohol in close
proximity to the Temecula Teen Center and the Skate City skating rink.
4. The project, as proposed, would result in incompatible land uses on the
grounds the use will allow the selling and on-site consumption of alcohol in close proximity to
the Temecula Teen Center and the Skate City skating rink.
5. The proposed project is not subject to the California Environmental Quality
Act per Section 15061Co)(3).
Section 2. Environmental Compliance. The proposed project is not subject to the
California Environmental Quality Act per Section 15061(b)(3).
Section 3. Conditions. The City of Temecula Planning Commission hereby denies
PA93-0038, Minor Conditional Use Permit to convert the existing teen nightclub to an adult only
nightclub and allow the selling and on-site consumption of alcohol located at 28822 Front Street,
Suite 203, APN 922-093-002. The project has been recommended for denial; therefore, no
conditions have been prepared.
R:\S\STAFFRPT~38PA93,PC 3131193
Section 4. PASSED, APPROVED AND ADOPTED this 5th day of April, 1993.
LINDA L. FAHEY
CHAIP, MAN
I l:ll~F..ny CERTWY that the foregoing ReSolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of April,
1993 by the following vote of the Commission:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
GARY THORNBILL
SECRETARY
R:\S\STAFFRPT~38PA93.PC 3/31/93 tie 8
A'FFACHMENT NO. 2
EXHIBITS
R:\S\STAFFRPT~38pA93.pC 3/31/93 tie 9
CITY. OF TEMECULA
CASE NO.: MINOR CONDITIONAL USE PERMIT NO. PA93-0038
EXHIBIT: A VICINITY MAP
P.C. DATE: APRIL 5, 1993
R:~S\STAFFRPT~38PA93.PC 3/31/93 tjs
CITY OF TEMECULA
FRONT STREET
· -T"' ~ ' ' ' ''~
CASE NO.: MINOR CONDITIONAL USE PERMIT NO.' PA93-0038
EXHIBIT: B
_P.C. DATE: APRIL 5, 1993
SITE PLAN
R:\S~STAFFRPT~38PA93.pC 3/31193 tja
ITEM #9
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Planning Commission
Gary Thornhill, Director of Planning
April 5, 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
RECOMMENDATION:
RECOMMEND Adoption of Negative Declaration for Development
Agreement No. 92-1, Change of Zone No. 21, 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, and
Tentative Parcel Map No. 27314, Amendment No. 3 based on
the Analysis and Findings contained in the Staff Report, 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 Institutior~al to High Density Residential prior to
adoption of the Genera| Plan.
BACKGROUND
This project was continued from the March 1, 1993 Planning Commission meeting. At the
March 1, 1993 meeting, two commissioners were absent and one stepped down due to a
conflict of interest. Although an action could have been taken, the Commission recommended
a continuance to allow for all the commissioners to hear the item. The public hearing was
opened by the Commission and one person from the audience expressed some concerns about
the conceptual site plan for the Linfield School site which was not under consideration that
night.
ANALYSIS
The only changes to the March 1, 1993 staff report are to the Public Works' conditions of
approval. These changes are very minor. The changes to the conditions of approval are for
clarification purposes and do not change the content of the conditions. Staff is also
recommending three changes to the Development Agreement. Following are the
recommended changes to the Dpvelopment Agreement:
Page 14 ·
"16.3.(e) Constitute a project requiring a Subsequent or Supplemental EnvirOnmental ImpaCt
Report pursuant to Section 21166 of the Public Resources Code."
Staff is recommending that this be deleted.
Paqe 6
"4. (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 Mcdium Dcnsity Residential or Public Institutional,
and amending the zoning to Single Family Rcsidcntial (R 1) or Public Institutional."
Staff is recommending that the amended language be approved.
Paoe 15
"19,(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 Public
Institutional Institutional or Lo~ Medium Doncity Rcs~dcntial, and amend the zoning to Public
Institutional Singlc Family Rcsidcntial (R 1 ); Owner further agrees to such amendments."
Staff is recommending that the amended language be approved.
Attachments:
2.
3.
4.
5.
6.
Resolution No. 93~ - Blue Page 3
Conditions of Approval - Blue Page 9
Development Agreement - Blue Page 26
Planning Commission Minutes, March 1, 1993 - Blue Page 27
Memorandum to Planning Commission, March 1, 1993 - Blue Page 28
Planning Commission Staff Report, March 1, 1993 - Blue Page 29
ATTACHMENT NO. 1
PC RESOLUTION NO. 93-
PC RESOLUTION NO. 93-
A RESOLUTION OF ~ PLANNING COMMISSION OF
~ CITY OF TEMECULA RECOMMENDING APPROVAL
OF DEVELOPMENT AGREEMENT NO. 92-1, CHANGE OF
ZONE NO. 21 TO CHANGE T~E. ZONING FROM R-R TO
R-3, AND TENTATIVE PARCEL MAP NO. 27314,
AMF_,NDI~fir. NT NO. ~ TO SUBDIVIDE A 96.9 ACRE
PARCEL INTO FOUR (4) PARCELS AND A REMAINDER
PARCEL SUBJECT TO TRF. CITY COUNCIL ACTION ON
CHANGING T~nr. LAND USE DESIGNATION OF PARC~..L
NO. 2 OF TENTATIVE PARCEL MAP NO. 27314,
AMENDlVn~.NT NO. 3 FROM PUBLIC INSTITUTIONAL TO
HIGH-DENSITY RESIDENTIAL LOCATED NORTH OF
PAUBA ROAD, SOUTH OF RANCHO VISTA ROAD AND
EAST OF ~ TEMECULA VALLEY HIGH SCHOOL.
WHEREAS, The Linfield School fried 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;
WHEREAS, said applications were processed in the time and manner prescribed by State
and local law;
WItEREAS, the Planning Commission considered said applications on April 5, 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 applications;
NOW, THEREFORE, ~ PLANNING COMMISSION OF THF. CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Findings. That the Temecuh Planning Commission hereby makes the
following findings:
A. Pursuant to Govermnent Code Section 65360, a newly incorporated city shall
adopt a general plan within thirty (30) months foliowing 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 axe met:
general plan.
The city is proceeding in a timely fashion with the preparation of the
R:~S%STAFFRPT\27314.PC2 3/31/93 tie 4
2. The planning agency finds, in approving projects and taking other actions,
including the issuance of building permits, each of the following:
a. Them is a reasonable probability that the land use or action
proposed will be consistent with the general plan proposal being considered or studied or which
will be studied within a reasonable time.
b. There is little or no probability of substantial detriment to or
interference with the future adopted general plan ff the proposed use or action is ultimately
inconsistent with the plan. ·
c. The proposed use or action complied with all other applicable
requirements of state law and local ordinances.
B. The Riverside County General Plan, as mended by the Southwest Area
Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as
the General Plan for the southwest potion of Riverside County, including the area now within
the boundaries of the City. At this time, the City has adopted SWAP as its General Plan
guidelines while the City is proceeding in a timely fashion with the preparation of its General
Plan.
C. The Planning Commission in recommending approval of said applications makes
the following fmdings, to wit:
Development Agreement No. 92-1
1. The City is proceeding in a timely fashion with the preparation of its
General Plan.
2. There is a reasonable probability that the project will be consistent with
the general plan proposal presently being considered 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 ff the project is ultimately inconsistent with the plan, since
this project will not have a negative impact on the surrounding uses.
4. The project complies with all other applicable requirements of state law
and local ordinances.
5. The environmental impacts of the agreement have been reviewed and all
measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the
City approvals for the project.
R:\S\STAFFRPT%27314.PC2 3/31/93 tj. 5
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 entiflements for
the development of the property or any changes, nmendments, 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.
Change of Zone No. 21
1. There is a reasonable probab'tiity 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 hrcel 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.
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.
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 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. The project, as conditioned, conforms with existing applicable'city
zoning ordinances and development standards. '
2. There is not a likely probability of substantial detrhnent 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.
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 welfare.
The project as designed and conditioned will not adversely affect the public
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 propose~. single-family dwellings to the north and south.
6. The project has acceptable access to dedicated fights-of-way which are
open to, and useable by, vehicular traffic. The project draws access from Pauba Road and
Rancho Vista Road, improved dedicated City rights-of-way. Project access, as designed and
conditioned, conforms with applicabl~ City Engineering standards and ordinanceS.
7. The proje~:t as designed and conditioned will not adversely affect the built
or natural environment as determined in the Environmental Analysis for this project.
8. Said findings are supporW. d by minutes, maps, exhibits and environmental
documents associated with this application and heroin incoq~orated 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 welfare of the community.
Section 2. Environmental Compliance. An Inifml Study prepared for this project
indicates that the proposed project will not have a significant impact on the environment with
the incorporation of the mitigation measures into the project design, and a mitigated Negative
Declaration, is hereby granted.
Seaion 3. Conditions. That the City of Temecuia Planning Commission hereby
recommends approval of Development Agreement 92-1, Change of Zone No. 21, and Tentative
Parcel Map No. 27314, Amendment No. 3 located north of Pauba Road, south of Rancho Vista
Road and east of the Temecula Valley High School subject to City Council approval of a High-
Density Residential designation for Parcel No. 2 of Parcel Map No. 27314, Amendment No. 3
and subject to the following conditions:
A.. Attachment No. 3, attached hereto.
R:\S%STAFFRPTX27314.PC2 3/31193 t~ 7
Section 4. PASSED, AIrPROVED AND ADOPTED this 5th day of April, 1993.
I i~.RERy 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 5th day of April,
I993 by the foBowing vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIOn:
GARY THORNI4~
SECRETARY
A'F!'ACHMENT NO. 2
CONDITIONS OF APPROVAL
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 administrative 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 shail 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\STAFFRPT~27314.PC2 3/31/93 tie 10
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
unve{ietated 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 spbject.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 project 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.
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 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 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%STAFFRPT%27314.PC2 3/31/93
12. 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.
PRIOR TO ISSUANCE OF GRADING PERMITS
13. A Mitigation Monitoring Program shall be submitted to and approved by the Planning
Director.
14. A copy of the ROugh Grading plans shall be submitted to and approved by the Planning
Director.
15. 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 shall 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.
16. 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 authority to temporarily
divert, redirect or halt grading activity to allow recovery of fossils.
17. The following shall 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)
(c)
All shrubs shall be a minimum of 5 gallons.
All giound cover shall b~ a minimum of 8" on the center
R:~S\STAFFRPT~27314,PC2 3/31/93 tj= 12
(3) Landscaping for the following:
(a) The golf course.
(b) Typical slope conditions.
(c) Private common areas including all improvements.
(d) Shrub planting to completely screen perimeter wails 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 shall 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
R:%S\STAFFRPT~27314,PC2 3/31/93 tj~ 13
B. A copy of the Rough Grading Plans
C. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
(1)
(2)
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.
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 Biological Report and shall be
designated a biological open space. The area within this easement may
be incorporated into the design of the golf course. (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 Conditions of Approval. The developer shall
submit evidence of compliance with this requirement to, and receive
approval of, the city prior to making any such sale. This condition shall
not apply to land dedicated to the City for public purposes.
(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.
PRIOR TO ISSUANCE OF BUILDING PERMITS
19.
No building permits shall be issued by the City for any residential lot/unit within the
projei:t 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 (9100.00) per lot/unit shall be 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 shall be submitted and approved.
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 tor parcel 2 shall be installed according ~o 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.
32.
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.
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.
36.
The final grading plan shall be prepared by a registered Civil Engineer and shall be
reviewed and approved by the Department of Public Works.
All lot drainage shall be directed to the driveway by side yard drainage swales
independent of any other lot.
37.
The developer must comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) permit from the State Water Resources Control Board.
No grading shall be permitted until an NPDES Notice of Intent has been filed or the
project is shown to be exempt.
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 Civil Engineer and submitted
to the Department of Public Works for review and approval.
R:\S~STAFFRPT~27314.PC2 3131/93 tjl I IS
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.
42. 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.
43. The developer shall obtain any necessary letters of approval or easements for any off:
site work performed on adjacent properties as directeCl by the Department of Public
Works at no cost to any agency.
44.
45,
46.
· 47.
48.
49.
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
R:~S~STAFFRPT~27314.PC2 3/31193 tie 17
50.
51.
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.
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.
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 streets 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 proje~:t. 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.
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.
52.
The grading plan shall be designed to reflect the relocation of the existing reservoir on
the easterly edge of the project to be wholly contained within the remainder parcel.
The preliminary soils report submitted in conjunction with the project grading plan shall
address the dike design necessary to accomplish this.
53.
The grading plan shall be designed to reflect the relocation of the existing access road
to school facilities within the remainder parcel off-site.
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 tothe 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,
58.
59.
60.
61.
62.
63.
PRIOR
64.
65.
H. All street and driveway centerline intersections shall be at 90 degrees or as
approved by the Department of Public Works.
I. ' Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
J. All concentrated drainage directed towards the public street shall be conveyed
through under-sidewalk drains.
'The minimum centerline grade for streets shall be 0.'50 percent or as otherwise
approved by the Department of Public Works.
Improvement plans per City Standards for the private streets or drives 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 Civil Engineer
and approved by the City Engineer for any street closure and detour or other disruption
to traffic circulation as required by the Department of Public Works.
TO RECORDATION OF FINAL MAP
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:
A. Street improvements, which may include, but are not limited to: pavement,
curb and gutter, sidewalks, drive approaches, street lights, signing, traffic
signals, and other traffic control devices as appropriate;
B. Storm drain facilities;
C. Landscaping (slopes and parkways);
D. Erosion control and slope protection;
E. Sewer and domestic water systems; and
R:%S%STAFFRPT~27314.PC2 3/31/93 the 20
66.
67.
68.
69.
70.
71.
F. Undergrounding of proposed utility distribution lines.
As deemed necessary by the Department of Public Works, the developer shall receive
written clearance from the following agencies:
San Diego Regional Water Quality
Rancho California Water District
Eastern Municipal Water District
Riverside County Flodd Control and Water Conservation District
City of Temecula Fire Bureau
Planning Department
Department of Public Works
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 Paube 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, enter into an agreement to complete the improvements
pursuant to the Subdivision MaP Act, Sections 66462 and 66462.5. Suchagreement
shal! provide for payment by the developer of all costs inc~Jrred 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 Civil Engineer and
approved by the Department of Public Works for Pauba Road and Rancho Vista Road
and shall be included in the street improvement plans.
R:\S%STAFFRPT%2.7314+PC2 3/31/93 tie 21
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
Plans for a traffic signal shall be recommended by a registered Traffic Engineer and
shall be signed by a registered Civil 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.
A school zone signing and striping plan shall be designed by a registered Civil 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 ~ight-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 an ECS
recorded with any underlying maps related to the subject property.
84.
85.
86.
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 ~i written agreement with the City deferring said payment to the time of issuance
of a building permit.
The developer shall notify the City's CATV Franchises of the Intent to Develop.
Conduit shall be installed' to CATV Standards at time of street improvements.
A declaration of Covenants, Conditions andRestrictions iCC&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
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, 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 aocess 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 Repor~ addressing
compaction and site conditions.
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 Agreement, 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; provided that developer is not waiving its right to protest the
reasonableness of any traffic impact fee, and the amount thereof.
PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY
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.
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.
100. 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\STAFFRPT~27314.PC2 3/31/93 tj~ 25
ATTACHMENT NO. 3
DEVELOPMENT AGREEMENT
R:~S~STAFFRPT~27314,PC2 3/31/93 tie 26
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 TEMECu/~A
and
THE LINFIELD SCBOOL
DEVELOPMENT AGREEMENT
BETWEEN
CITY OF '£~M~uula
='~u~ 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 la 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 furtherlimit. 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~STAFF~INFIELD.T~'O 3/31/93 tit -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 Co~nunity 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 t~e 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\STAFFRFTU,~rFIBLD.TWO 3/31/93 ~j, ' 3 '
adverse environmental impacts of such development
entitlement which were not considered or mitigated at the
tim~ 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 my 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 p~yable to the County Clerk in the amount of
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).
0. City Council of City has approved this Agreement
by Ordinance No. adopted on , 1993, and effective
on , 1993.
NOW, THEREFORE, inconsideration 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,
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 applicableto the
development of the Property which are a matter ofpublic 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)
(4)
the conveyance of
The conduct of businesses, professions,
Taxes and assessments;
The control and abatement of nuisances;
The granting of encroachment permits and
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 connectionswith 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:XS~STAFFRF~L~F~BLD.TWO 3/31;93 *~s - 5 -
Exhibit
Designation
Description
A\ Legal Description of the K
Property
Referred to
in Paragraph
B Existing Development l(f), 15.2
Approvals
C DevelOpment Schedule 9, 10
D Public Facility Fee 14.2
Agreement
E FeeCredit 14.3
F Deed Restriction 10
G Development Plan 9
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 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 Public Institutional,
and amending the zoning to 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~STAFFRFT~Lff~-LD.TWO 3/31/93 ~s -6-
5. Assi~rnmen~.
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 ~, or
Riverside County Ordinance No. 460, as the same was incorporated
by reference into the Tamecula 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, or assignee and
providing therein that the purchaser, transferee, or
assignee expressly and unconditionally assumes all the
duties and obligations of the Owner under this Agreement.
Any sale, transfer, or assignment not made in strict
compliance with the foregoing conditions shall constitute a
default by the Owner under this Agreement. Notwithstanding the
failure of any purchaser, transferee, or assignee to execute the
agreement required by Paragraph {b) of this Subsection, the
burdens of this Agreement shall be binding upon such purchaser,
transferee, or assignee, but the benefits of this Agreement shall
not inure to such purchaser, transferee, or assignee until and
unless such agreement is executed.
5..2 Release of Transferring Owner.
Notwithstanding any sale, transfer, or assignment, a transferring
Owner shall Continue to be obligated under this Agreement unless
such transferring Owner is given a release in writing by City,
which release shall be provided by City upon the full
satisfaction by such transferring Owner of all of the following
conditions:
(a) The Owner no longer has a legal or
equitable interest in all or any part of the Property except
as a beneficiary under a deed of trust.
(b) The Owner is not then in default under
this Agreement.
(c) The Owner has provided City with the
notice and executed agreement required under Paragraph (b)
of Subsection 5.1 above.
(d) The purchaser, transferee, or assignee
provides City with security equivalent to any security
previously provided by Owner to secure performance of its.
obligations hereunder.
R:\S\STAF~P3q~L~q~BLD.TWO 3/31/93 ~s - 7 -
5.3 Subsequent Assignment. Any subsequent sale,
transfer, or assignment after an initial sale, transfer, or
assignmen_t 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 finaneing 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 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
R:\S~STAFFP, I'r~LRD.T~/O 3/31/93 tim - 8 -
that any sale, transfer o~ 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. 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 (a-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
which may arise from the direct or indirect operations of the
0wner or those of his contractor, subcontractor, agent, employee
or other_person acting on his behalf which relateto 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 sufferedby
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 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, in its
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~LINFIELD.T~'O 3/31/9~] tjs - 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 commensurate public benefits. Accordingly, the
parties intend to provide consideration to the public to balance
the private benefits conferred on the Owner by providing more
fully for the satisfaction of the public needs resulting from the
Project.
14.2 Impact Fees.
(a) The developer(s) of the Property shall pay a
capital or impact fee for road improvements and public facilities
the City may adopt for development ("Public Facilities Fee"), in
the amount in effect at the time of payment of the fee. (The
term "developer(s) of the Property or Project" as used in this
Section shall mean the person(s) who seeks a building permit to
construct structures on the Property. These individuals shall
hereinafter be referred to as the "Developer".) If an interim or
final public facility mitigation fee or benefit district has not
been finally established by the date on which Developer requests
its building permits for the Project or any phase thereof, the
Developer shall execute an Agreement for Payment of a Public
Facility Fee, in substantially the form of Exhibit D.
(b) Owner shall pay all other impact fees
provided for under the Land Use Regulations, including, but not
limited to the Residential Impact Fee (pursuant to Riverside
County Ordinance No. 659) and Flood Control, Fire, Library,
Traffic Mitigation and K-Rat Fees.
14.3 Fee Credits and Schedule. In exchange for'
the dedication of land, the construction of 'improvements and the
payment of fees, Owner shall be entitled to Fee Credits set forth
in Exhibit E.
14.4 Waiver. By execution of this Agreement,
Owner waives any right to object to the imposition of the
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 Fe~,
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:
(a) .Processing fees and charges imposed by
City to cover the estir~ated actual costs to City of
progessing 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, reco~nendation, 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 inconflict 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 Requlation by Othe~ Public Agencies. It is
acknowledged by the parties that other public agencies not within
the control of City possess authority to regulate aspects of the
development of the Property separately from or jointly with City
and this Agreement does not limit the authority of such other
public agencies.
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, et seq.) and Riverside County
Ordinance No. 460, as the same was incorporated by reference into
the Temecula Municipal Code by Ordinance No. 90-04, and if this
Agreement is determined by a final judgment to be invalid or
unenforceable insofar as it grants a vested right to develop to
the Owner, then and to that extent the 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~STAFFRPT'~.INFIBLD.T~/O 3/31/93 tj$ ' 12-
Agreement shall be controlling over any conflicting provision of
law or ordinance concerning vesting maps.
16. Development of the Property.
16.1 PrQiect. 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 Co~m~unity 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
Faciiities on Parcel 4 of Parcel Map 27314.
No change, modification, revision or alteration of
these uses or of the Project may be made without the prior
amendment of this Agreement.
16.2 Rights tO Develop. The permitted uses of the
Property, the density and intensity of use, the maximum height
and size of proposed buildings, and provisions for reservation
and dedication of land for public purposes shall be those set
forth in Section 16.1 and the Development Plan. The Project
shall remain subject to all Subsequent Development Approvals
required to complete the Project as contemplated by the
Development Plan.
16.3 Chan~es and Amendments. Notwithstanding
Section 16.1, the parties acknowledge that refinement and further
development of the Project will require Subsequent Development
Approvals and may demonstrate that changes are appropriate and
mutually desirable in the Project. In the event the Owner finds
that a change in the Project is necessary or appropriate, the
Owner shall apply for a Subsequent Development Approval to
effectuate such change and City shall process and act on such'
application in accordance with the Subsequent Land Use
Regulations. If approved, any such change in the Project shall
be incorporated herein as an addendum to this Agreement and may
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,
R:~S\STAFFRPT~BLD.TWO 3/31/93 ~s = 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 A~reement.
(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) monUh 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
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 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 Owne~ 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 preventedor 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:\SkSTAFFRPT~L~NFIELD.TWO 3~I/93 ~s - 14 -
"Agreement,
same in a
Agreement,
documented form, that it deems relevant and appropriate to the
Council's deliberations. Based on the evidence presented at the
public h~aring, 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
~eview 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
and the failure of Owner to successfully challenge the
court of law, City may not only terminate this
but also shall amend the land use designation of the
Property to Public Institutional and amend the zoning to Public
Institutional; 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. If legal action by
either party is brought because of breach of this Agreement or to
enforce a provision of this Agreement, the prevailing party is
entitled to reasonable attorneys fees and court costs.
22. Notices. All notices required or provided for
under this Agreement shall be in writing and delivered in person
or sent by certified mail, postage prepaid. Notice required to
be given to City shall be addressed as follows:
To City:
City Clerk
City of Temecula
43172 Business Park Drive
Temecula, CA 92390
R:\S~STAFFP, F~LINFiBLD.T~VO 3/31/93 tim - 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 wri'ting 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
"OWNE R"
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~STAFFRPT~LINFIBLD.TV~O 3/31/93 ljs - 17 -
EXHIBIT 'Aw
DESCRIPTION OF THE 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\STAFFRPT~LINFIELD.T~NO 3/31193 tj0 - 18 -
EXHIBIT wB-
EXISTING DEVELOPMENT APPROVALS
Tentative Parcel Map No. 27314
Change of Zone No. 21
R:\S\STA~FP3rDi~F~LD.TWO 3/31~3 ~s - 19 -
EXHIBIT "C"
DEVELOP3fi~V"r SCn=u'0LE
Within five (5) years of the effective date of this
Development Agreement, Owner shall have substantially
begun construction of each of the following uses:
a. . Twenty (20) dwelling'unitSof 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-famil7 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 ~greement, Owner shall have recorded Parcel
Map 27314 and have obtained all Subsequent Development
Approvals for the Senior Citizen Mousing 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.
EXHIBIT
PUBLIC FACILITY FEE A~REEM~NT
R:~SXSTAFFRPT~LINFIBLD.TWO 3/31/93 tjs - 2 1 -
EXHIBIT
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, Owfier shall receive a 'full credit against its
Quimby Fees required pursuant to Riverside County
Ordinance NO. 460.
R:~S\STAFFRPT~LINFIF_LD.T~O 3/31/93
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 PaSTRICTIONS
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.
I. Land Use and Buildinq Type. N6 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 violat~ any covenant either to restrain violation
Or to recover damages. The City of Temecula may enforce any
covenant of this Declaration.
-4. Attorneys Fees. Should any party bring an action
against the other for the purpose of enforcing the terms of this
Stipulation, or for damages arising from its breach, then in such
event, the prevailing party shall be entitled to its reasonable
attorneys fees and costs in addition to any other award entered
by the Court.
5. Severability. Invalidation of any one of these
covenants by judgment or court order shall in no wise affect any
6f 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:
F/HIBIT ~G~
DEVELOPMENT PLAN
ATTACHMENT NO. 4
PLANNING COMMISSION MINUTES, MARCH 1, 1993
R:%S\STAFFRPT~27314.PC2 3/31/93
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
MARCH 1, 1993
A regular meeting of the City of Temecula Planning Commission was called to order Monday,
March 1, 1993, at 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula,
California. The meeting was called to order by Vice Chairman Billie Blair.
PRESENT: 3 COMMISSIONERS: .Blair, Chiniaeff, Hoagland
ABSENT: 2 COMMISSIONERS: Ford, Fahey
Also present were Assistant City Attorney John Cavanaugh, Senior Planner Debbie Ubnoske,
Senior Planner John Meyer and Minute Clerk Gall Zigler.
PUBLIC COMMENT
None
COMMISSION BUSINESS
1. Approval Of AOenda
It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to
approve the agenda.
The motion carried as follows:
AYES: 3 COMMISSIONERS: Blair, Chiniaeff, Hoagland
NOES: 0 COMMISSIONERS: None
ABSENT: 2 COMMISSIONERS: Ford, Fahey
PUBLIC HEARING
2. ChanGe of Zone No. 23
Proposed zone change for a 6.1 acre parcel from R-3-4,000 to C-O. Located o.n the
south side of Rancho California Road, approximately 450 feet east of the intersection
of Via Las Colinas and Rancho California Road.
Matthew Fagan presented the staff report.
PCMINO3/01/93 -1- 3/10193
PLANNING COMMISSION MINUTES MARCH 1. 1993
.Com. missioner Hoagland asked if the al~plicant has a plot plan.
Safa Muhtaseb, 39930 Wliitewood Road, Unit 106, Murrieta, owner and applicant,
stated that he is working on the zone change at this time and when completed, the
project will proceed to the engineering stage.
It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to
close the public hearing .at 6:20 P.M. and Recommend Adoption of 'the Negative
Declaration for Change of Zone No. 23 and Recommend Adoption of Resolution NO.
PC 93-04 recommending Approval of Change of Zone No. 23.
The motion carried as foilowe:
AYES:
3 COMMISSIONERS: Blair, Chiniaeff, Hoagland
NOES: 0 COMMISSIONERS: None
ABSENT: 2 COMMISSIONERS: Ford, Fahey
Outdoor Advertisino DieDlay Ordinance
Matthew Fagan presented the staff report.
Commissioner Chiniaeff questioned why the provisions dealing with hardship cases
were eliminated.
Assistant City Attorney John Cavanaugh advised that because it is difficult to
determine what a hardship is, it leaves an opportunity for anyone to declare a hardship,
therefore the City Attorney recommends deleting the hardship clause.
Vice Chairman Blair opened.the public hearing at 6:25 P.M.
Commissioner Chiniaeff questioned if there is a "sunset" clause on non-conforming
signs.
Assistant City Attorney Cavanaugh advised that non-conformity creates an issue
where if the City required non-conforming signs to come down, the City would have
to compensate the owner.
It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to
close the public hearing at 6:25 P.M. and Adoot Resolution No. PC 93-05
recommending the City Council adopt the Ordinance No. 93 - (next) relative to outdoor
advertising displays and deletion of language in Section 4(A) dealing with hardship
CaSeS.
PCMIN03/O 1/93 -2- :3/I 0~93
PLANNING COMMISSION MINUTES
The.motion carried as follows:
AYES:
NOES:
ABSEN:T:
3 COMMISSIONERS:
0 COMMISSIONERS:
2 COMMISSIONERS:
MARCH 1,1993
Blair, Chiniaeff, Hoagland
None
Ford, Fahey
Amendments to the Ordinance Reoulatino Temporary Sians
Dave Hogan presented the staff report.
Commissioner Chiniaeff suggested the following modifications: 1 ) Item 4, Page 15, be
modified with a clearer definition of special events; 2) Old Town issues should be in
conformance with the Old Town Specific Plan; and 3) Page 16, E(1) should provide
examples of hardship cases.
Dave Hogan advised that the Old Town section will be superseded by the Old Town
Specific Plan when it is adopted.
Assistant City Attorney Cavanaugh advised that hardship cases will be evaluated by
staff.
Vice Chairman Blair opened the public hearing at 6:35 P.M.
Commissioner Hoagland said that he feels that none of the recommended changes
should be made. He added that he feels a proliferation and/or continued proliferation
of temporary signs takes away from the aesthetic appearance of the community and
274 days a year for allowable signage is excessive. Commissioner Hoagland
suggested leaving the ordinance as is until the comprehensive sign ordinance is
adopted. Commissioner Chiniaeff and Vice' Chairman Blair concurred.'
It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to
close the public hearing at 6:45 P.M. and recommend Denial of Resolution No. PC 93-
06recommending that the City Council amend portions of Ordinance No. 348 and 92-
16 pertaining to the regulation of temporary signs.
The motion carried as follows:
AYES:
3 COMMISSIONERS: Blair, Chiniaeff, Hoagland
NOES: 0 COMMISSIONERS: None
ABSENT: 2 COMMISSIONERS: Ford, Fahey
PCMIN03/01/93 -3- 3/10193
PLANNING COMMISSION MINUTES
5.
MARCH 1,1993
Develooment Aoreement No. 92-1 {DA 92-1) Chanoe of Zone No. 21 and Tentative
Parcel MaD No. 27314
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 ResidentialL Linfield Christian
School.
Vice Chairman Blair stepped down due to a conflict of interest based on the close
proximity of her personal residence with the proposed project.
Commissioner Chiniaeff suggested continuing this item until all Commission members
are present.
Commissioner Hoagland opened the public hearing at 6:50 P.M.
Roger D. Prend, 3788 McCray Street, Riverside, representing the applicant, agreed to
continue the item for one month.
Carmine A. Latrecchia, 31533 Corte Pacheco, Temecula, expressed concern that the
access road, exits and enters off of Rancho Vista Road, which carries a high volume
of traffic traveling at high rates of speed. Mr. Latrecchia asked for consideration with
regards to the lighting of the sports fields, which will have a significant impact on his
personal residence. Additionally, Mr. Latrecchia asked that the project provide
adequate parking for special events.
It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to
continue the public hearing on Development Agreement No. 92-1 (DA 92-1 ) Change
of Zone No. 21 and Tentative Parcel Map No. 27314 to the meeting of April 5, 1993.
The motion carried as follows:
AYES: 2 COMMISSIONERS: Chiniaeff, Hoagland
NOES: 0 COMMISSIONERS: None
ABSTAIN: 1 COMMISSIONERS: Blair
ABSENT: 2 COMMISSIONERS: Ford, Fahey
PLANNING DIRECTOR REPORT
None
PCMIN03/01/93
3/10/93
PLANNING COMMISSION MINUTES
PLANNING.COMMISSION REPORT
None
MARCH 1.1993
OTHER BUSINESS
None "
ADJOURNMENT
Vice Chairman Blair declared the meeting adjourned at 7:00 P.M.
The next regular meeting of the City of Temecula Planning Commission will be Monday, April
5, 1993, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California.
Chairman Linda Fahey
Secretary
PCMIN03/01193 -5- 3110/93
ATTACHMENT NO. 5
MEMORANDUM TO PLANNING COMMISSION, MARCH 1, 1993
R:~S%STAFFRPT~27314,PC2 3r3~/93 tja
/Vlk'MORANDUM
TO:
FROM:
· pREpAI~I:rI'~ BY:
DATE:
SUBJECT:
Planning Commission
Gary Thornhill, Director of Planning
Saled Naaseh, Associate Planner
March 1, 1993
PA92-0001, Change of Zone No. 21, Tentative Parcel Map No. 27314, .
Amendment No. 3 - Linfield School
Staff recommends the following amendment to the Development Agreement:
Page 6, Section 4.b.
(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 mending the land use designation to Low Medium Density Residential or Public
Institutional, and amending the zoning to Single Family Residcntial 01 1) Public Institutional.
Page 15, Section 19.f
(f) Upon a fmding 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 Public Institutional or Lcw
Medium Density Residential and amend the zoning to Single Family Residential (R I) Public
Institutional; Owner .further agrees to such amendments.
Furthermore, staff recommends the following amendments to the Conditions of Approval:
Replace the word "Traffic" with "Civil" in Condition No(s) 35, 40, 63, 71 and
73.
Replace the word "grade" with "grading" in Condition No. 52.
Condition No. 44 shall read as follows:
Plans for a traffic signal shall be recommended by a registered Traffic Engineer
and shall be signed by a registered Civil 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.
R:\S\STAFFRFrHPA92.1VtEM 3/1193
ATTACHMENT NO. 6
PLANNING COMMISSION STAFF REPORT, MARCH 1, 1993
R:%S\STAFFRPT~27314.PC2 3/31/93 tie 29
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 t~he 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
::: : Proposed Solution to
Description of the Issue: ::: Resolve=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 Augu~ 17, 1992 Staff
Report, Attachment No. 6).
Senior Center size and dollar amount to be spend
needs to be specified.
Text has been modified to include up to 20 dwelling
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.
Te~t 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.
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 inclu~le
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
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 Planning 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 proposed
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 te 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 plans, 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
if Course
P'-dium
Age
Restrictions
Access/.
Traffic
Relocation of
Structures
and Features
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 private golf course and it
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 goff 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.
The golf course is intended to be private and be
used by residents of the project (refer to Page No.
13 Section 16, 1 .b. 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 goff 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 complation 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
concem.
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 to7
The lake is being split by a parcel line. What is
going to happen to it?
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 ftlrther 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).
Issue
Grading
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?
A conceptual grading plan has been prepared and
included in the packet for Planning Commlasion'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 for 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.
R:%S~TAFFlm, PT%J7314.PC 2/24/93 klb 4
ANALYSIS
Conceptual Site Plan and Desion 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 forthe 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.
Proiect 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 supportave 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 fdr 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 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 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 wi~h 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.
e
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.
m
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.
R:XS\~I'A~14.!W~ 2j24/93 klb 6
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 p~operty. 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
1..
There is a reasohable 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 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 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 acceptabl'e access to dedicated rights-of-way which are open to, and
useable by, vehicular traffic. The project draws access f.rom Pauba Roadand 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
Exhibits - 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.PC 2/24193 LIb 9
PC RESOLUTION NO. 95-
A RESOLUTION OF ~ PLANNING COMMISSION OF
~ CITY OF TEMECULA RECO1VIMENDING APPROVAL
OF DEVEI~)PMENT AGREEMENT NO. 92-1, CHANGE OF
ZONE NO. 21 TO CHANGE ~ ZONING FROM R-R TO
R-3, AND TENTATIVE PARCEL MAP NO. 27314,
A1VIF_2qDM'I~-NT NO. 3 TO SUBDIVIDE ~ 96.9 ACRE
PARCEL INTO FOUR (4) PARCELS AND A REMAINDER
PARCEL SUBJECT TO ~ CITY COUNCIL ACTION ON
CItANGING ~ LAND USE DESIGNATION OF PARCRL
NO. 2 OF TENTATIVE PARCEL MAP NO. 27314,
AMENDM'RNT NO. 3 FROM PUBLIC INSTITUTIONAL TO
HIGH-DENSITY RESIDENTIAL LOCATED NORTH OF
PAUBA ROAD, SOUTH OF RANCHO VISTA ROAD AND
EAST OF ~ TEMECULA VAI.I.RY HIGH SCHOOL.
Wi~.REAS, The Lin~eld School 'ffled 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;
W]tEREAS, said applications were processed in the time and manner prescribed by State
and local law;
WHEREAS, 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;
WltEREAS, at the conclusion of the Commission hearing, the Commission
recommended approval of said applications;
NOW, TmZ~RRFORE, TBW PLANNING COMMISSION OF THF. CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Finndines. That the Temecula Planning Commission hereby makes the
following findings:
A. Pursuant to Government Code Section 65360, a newly incorporated city shall
adopt a general plan within thirty (30) months following incoq~oration. 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 phnnln~ agency finds, 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 reasOnahle time.
b. There is little or no probability of substantial detriment to or
inte~erence with the future adopted general plan ff the proposed use or action is ultimately
inconsistent with the plan.
c. The proposed use or action complied with all other applicable
requirements of state law and local ordinances.
B. The Riverside County General Plan, 'as mended by the Southwest Area
Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as
the General Plan for the southwest portion of Riverside County, including the area now within
the boundaries of the City. At this time, the City has adopted SWAP as its General Plan
guidelines while the City is proceeding in a timely fashion with the preparation of its General
Plan.
C. The Planning Commission in recommending approval of said applications makes
the following f'mdings, 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 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 substavtial 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.
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:x~I~STAFFRFl'X27314.PC 2/24/93 klb II
6. 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.
7. The City may, pursuant to and in accordance with its rules, regulations,
and ordinances, conduct an environmental review of subsequent discretionary enti~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) 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.
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 will be controlled by a Development Agreement
which is consistent with City's policies for the new General Plan.
2. There is not a likely probability of substantial detriment to or interference
with the 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 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 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 wffi be completed in a reasonable time and in accordance with
State law. The project, as condifioned, 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\STAFFRF~27314.PC 2124/93 kFo 12
3. The proposed use or action as condi~oned compiles with State planning
and zoning laws. Reference local Ordinances No. 348, ~30; and California Governmental Code
Sj~tions 65.0Q0-66009 (Planning and Zoning Law).
health or weffar~.
The project as designed and conditioned will not adveEely affect the public
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 ha ~ acceptable access to dedicated fights-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 fights-of-way. Project access, as designed and
conditioned, conforms with applicable City Engineering standards and ordinances.
7. The project as designed and condifioned will not adversely affect the built
or natural environment as determined in the Environmental Analysis for this project.
8. Said findings are supported by minutes, maps, exhibits and environmental
documents associated with this application and heroin incorporated by reference, due to the fact
that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and
Conditions of Appwval.
F. As condifioned pursuant to Section 3, the Parcel Map proposed is compatible with
the health, safety and welfare of the community.
Section 2. Environmental Compliance. An Initial Study prepared for this' pwject
indicates that the proposed project will not have a significant impact on the environment with
the incorporation of the mitigation measures into the project design, and a Negative Declaration,
is hereby granted.
Section 3. Conditions. That the City of Temecula Planning Commission hereby
recommends approval 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 Tomecub Valley High Schoo! subject to City Council appwvai of a
High-Density Residential designation for Parcel Map No. 27314, Amendment No. 3 and subject
to the following conditions:
A. Attachment No. 3, attached hereto.
PASSED, APPROVED AND ADOPTED this 1st day of March, 1993.
LINDA FAHEY
CHAIRMAN
R:XSXSTAFFRFIX27aI4.PC ~/24/93 kib 13
I [tk'~!~.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 Co~nmlssion:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
GARY THORNI-m'
SECRETARY
R:XSXSTAFFRPT~27314.1~C 2/24/93/LIb
ATTACHMENT NO. 2
CONDITIONS OF APPROVAL
R:~S~STAFFRPT~7314.PC 2/24/~3 klb 15
:CITY OF TEMECULA
PLANNING DEPARTMENT
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:
WITHIN FORTY-EIGHT {48) HOURS OF THE APPROVAL OF THIS PROJECT
1. 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 administrative 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 empl. oyees 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.
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
unvegdtated 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 limiteel 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 project 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. ~
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 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 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.
12.
PRIOR
13.
14.
15.
16.
17.
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/srchaeological 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 authority to temporarily
divert, redirect or halt grading activity to allow recovery of fossils.
The following Shall be submitted to and appr0ved 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\STAFFRP~T/314.PC 2/24/93 Idb 18
(4)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
The golf course.
Typical slope conditions.
Private common areas including all improvements.
Shrub planting to completely screen perimeter Walls adjacent to a
public right-of-way equal to sixty-six (66) feet or larger.
Packways. '. '
All other interior landscaping.
Screening the residences on Parcel No. 2 from the stadium with a
combination of different species of fast growing and tall trees.
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.
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 shall 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:
R:~S\STAF*~RFT~7314,1~ 2/24/93
(1)
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 ,Biological Report and shall be
designated a biological open space. The area within this easement may be
incorporated into the design of the golf course. (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 mai'ntaining 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 Conditions of Approval. The developer shall
submit evidence of compliance with this requirement to, and receive
approval of, the city prior to making any such sale. This condition shall not
apply to land dedicated to the City for public purposes.
(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,
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 be 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 tc~ 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.
32.
33.
PRIOR
34.
'35.
36.'
37.
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.
Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of
an existing Assessment District must comply with the requirements of said section.
TO ISSUANCE OF GRADING PERMITS
A copy Of the grading and mprovement 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.
The final grading plan shall be prepared by a registered Traffic Engineer and shall be
reviewed and approved by the Department of Public Works.
All lot drainage shall be directed to the driveway by side yard drainage swales
independent of any other lot.
The developer must comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) permit from the State Water Resources Control Board. No
grading shall be permitted until an NPDES Notice of Intent has been filed or the project
is shown to be exempt.
38. The developer shall receive written clearance from the following agencies:
39.
40.
41.
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
A Soils Report shall be prepared by a registered. soils engineer and submitted to the
Department of Public Works with the initial grading plan check. The report shall address
all soils conditions of the site, and provide recommendations for the construction of
engineered structures and pavement sections.
An erosion control plan shall be prepared by a registered Traffic Engineer and submitted
to the Department of Public Works for review and approval.
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~STA~314.PC 2/24/93 klb 22
42.
43.
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 perrhits. 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 adjacer~t properties as directed by the Department of Public Works at
no oost 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 indivi~lual 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.
R:~S~STAFFRPT~2?314.1~C 212~193 k3'o 23
50.
51.
52.
53.
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.
'Proposed and existing water mains shell 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 streets 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 reservoir on 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.
R:\SXSTAFFRFI~27:JI4.P~ 2/24l~3 klb 24
54.
PRIOR
55.
56.
57.
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)~hall include an updated traffic study. This study may include, and the Department
of Public Works may condition, additional mitigation measures as warranted.
TO THE ISSUANCE OF ENCROACHMENT PERMITS
All necessary grading permit requirements shall have been completed and approved.
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.
The following criteria shall be observed in the design of the improvement plans to be
submitted to the Department of Public Works:
A, Flow line grades shall be 0,5% minimum over P,C,C, and 1,00% minimum over
A,C, paving.
B. Driveways shall conform to the applicable City of Temecula Standard Nos,
207/207A and 401 (curb and sidewalk),
C. Street lights shall be installed along the public streets adjoining the site in
accordance with Ordinance N0, 461 and shall be shown on the improvement plans
as directed by the Department. of Public Works,
D. Concrete sidewalks shall be constructed along public street frontages in
accordance with City Standard Nos. 400 and 401.
E. Improvement plans shall extend 300 feet beyond the project boundaries or as
otherwise approved by the Department of Public Works.
F. Minimum centerline radii shall be in accordance with City Standard No. 113 or as
otherwise approved by the Department of Public Works.
G. All reverse curves shall include a 100-foot minimum tangent section or as
otherwise approved by the Department of Public Works.
H. All street and driveway centerline intersections shall be at 90 degrees or as
approved by the Department of Public Works.
I. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum-sight distance and visibility.
J. All concentrated drainage directed towards the public street shall be conveyed
through under-sidewalk drains.
R:~S~STAFF~:~I4.~:: 2/24/~3 kJb 25
58.
59.
60.
61,
62.
63.
· PRIOR
64.
65.
The minimum centerline grade for streets shall b~ 0.50 percent or as otherwise approved
by the Department of Public Works.
Impro~)ement 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 'IV 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:
A. Street improvements, which may include, but are not limited to: pavement, curb
and gutter, sidewalks, drive approaches, street lights, signing, traffic signals, and
other traffic control devices as appropriate;
B. Storm drain facilities;
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 Rood Control and Water Conservation District
City of Temecula Fire Bureau
Planning Department
Department of Public Works
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-ff/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, enter 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.
73.
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
Department of Public Works.
A Transportation Demand Management program will be required.
by the
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 an 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.
85.
The developer shall notify the City's CATV Franchises of the Intent to Develop. Conduit
shall be installed to CATV Standards at time of street improvements.
86.
A decl~iration 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. 'fhe 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
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, on-site slopes and landsCal~ing 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.]~C 2/24/~3 LIb 29
88.
89.
PRIOR
90.
91.
92,
93.
94.
95.
96.
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
conforfnance with the approved rough grading plan.
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 92.00 per square foot, not to exceed 910,000. 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
Agreement, 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.
TO ISSUANCE OF CERTIFICATES OF OCCUPANCY
All improvements shall be completed and in place per the approved plans, including but
not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage
facilities, parkway trees and street lights on all interior public streets.
All signing and striping shall be installed per the approved signing and striping plan.
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.)
All school zone signing and striping shall be installed per the approved school zone signing
and striping plan.
The developer shall provide "STOP" controls at the intersection of local streets with
arterial streets as directed by the Department of Public Works.
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.
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\STAFF~314.PC 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.
100. The applicant shall comply with the recommendations outlined in the Rancho California
Water District transmittal dated May 7, 1'992, 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.
CITY OF TEMECULA
45174 Business Park Drive
Temecula, CA 92590
ATTN: Saied Naaseh:
RE: TENTATIVE TRACT MAP NO. 27314: BEING A PORTION OF THE
RANCH(] TEMECULA, AS GRANTED BY U.S. GOVERNMENT TO LUIS
VIGNES BY PATENT DATED 1--18--1960, AS SHOWN BY LIBER 1, PAGE
57, RECORDS OF SAN DIEGO COUNTY, AN PARCELS 1,2,&3 OF
PARCELl MAP 83/97-100 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 Hater system shall be installed according to plans and
specifications as approved by the water company and the
Health Department. Permanent prints of the plans of the
water system shall be submitted in triplicate, with a
minimum scale not less than one inch equals 200 feet, along
with the original drawing to the Coutnty Surveyor. The
prints shall show the internal pipe diameter, location of
valves and fire hydrants; pipe and joint speci{ications, and
the si=e of the main at the junction'of the new system
~he e×isting system. The plans shallcomply in all respects
with Div. 5~ Part 1~ Chapter 7 of the California Health and
Safety Code~ California Administrative Code, Title
Chapter 16, and General Order No. 105 of the Public
Utilities Commission of the State of California, when
applicable. The plans shall be signed by a registered
engineer and Hater company with the following certi+icatian:
"I certify that the design o{ the water system in Tract Map
27514 is in accordance wi~h the water system e~pansion plane
of the Rancho California Water District and that the Hater
services, storage, and distribution system will be adequate
~o provide water service to such Tract Map,"
City of Temecula
Page Two
Attn: Saied Naaseh
JUly 1, 1992
This certification does not constitute a guarantee that it
will supply water to such Tract Mapat any specific
duantities, 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 request for the recordation of
the final maD.
This subdivision has a statement from Rancho California
Water District agreeing to serve domestic water to each and
every lot in the subdivision on demand providing
satisfactory financial arrangements are completed with the
subdivider. It will be necessary for financial arrangements
to be made prior to the recordation of the final map.
This subdivision is within the Eastern Municipal Water
District and shall be connected to the sewers of the
District. The sewer system shall be installed according to
plans and speci.fications 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 adeduate 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 01arts must be submitted to the County Survevor's Office
to reviewatleast two weeks prior.to the reOuest for the
recordation of the final m~O.
It will be necessary for financial arrangements to be
completely finaliZed 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.
Sincetel y,
Department of
IV
Environmental Health
SM:dr
RIVERSIDE COUNTY
FIRE DEPARTMENT
210 WEST SAN JACINTO AV.SNLqS * PSRRIS, CALIFORNIA 923"~
C/14) 657-3183
GLSN J. NEWMAN
FIRIS CHISF
MAY 4, 19e2
TO; CITY OF TEMECULA
ATTEN: PLANNING DEPARTMENT
RE: TENTATIVE TRACT 27514
CHANGE OF ZONE NO. 21
AMENDED NO. ~
With resoect to the review and/or approval of the above refer-
enced proaect, the Fire DeOartment 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 Ouestions regarding the meaning of conditions shall be re-
ferred to the Planning and Engineering Staff.
RAYMOND H. REGIS
Chief Fire Department Planner
by ~'/j>
Michael E. Grav~
Fire Captain Specialist
PLANNING DMSION
Xarch lZ, 1992 .-.~ 13 1992
(Date)
Riverside County Health Department
c/o Albert A. Webb Associates
3788 NcCray Street
Riverside, CA 925D6
Gentlemen:
Re: Availability of Sanitary Sewer Service for
Tentative Parcel Map 27314
We hereby advise you relative to the availability of santtary sewer
for t.he above referenced proposed development as follows:
The property to be occupied by the subject proposed development:
service
IS PRESENTLY LOCILED within the boundary lines of this District's
Improvement District No. U-8 and is eligible to receive sanitary
sewer Service,
Z,,_/ NUST BE ANNEXED to this Dlstrict"s Improvement District No.
following wnic~ it will be eligible to receive sanitary
service,
provided:
z)
z)
leJ~ BE INCLUDED in a new District improvement district, assess-
ment district or other program to be formed and implemented for
the purpose of providing santtary sewer facilities and service
for the general area within which this proposed development is
located, following which it will be eligible to receive sanitary
sewer service,
If you have any questions or comments
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 which ARE BEYOND this DISll~ICT'S
CONTROL or CANNOT BE COST EFFELlIVELY and/or reasonably satisfied
bY'~"'{F~'Distric~, which conditions may include but are not limited
to, acts of God, REGULATORY AGENCY REOUIPJg~ENTS or decisions,
or legal actions initiated by others;
regarding the foregoing, do not hesitate
Very truly your. ,
Assistant Director of Customer Service
Mail %: Pl>sr Office Rt x R~.00 · San jacinm. C.,llfornla 9258i-8.~()0 · Telephone t714~ ~25-7676 , Fu ~71.h 929-0257
biain t)ffit~: 20. 5 5. S; n adnm Sc~. ~n.] tLinn~ · C~st,mer ~n'itt 'Enginering Anne=: H0 E Oakland Avenue. Hc~t. G~
FOR DISTRICT USE ONL ~)~""
1. Names and Addresses of Involved Parties:
Involvement Name
Owner of Property
Unfield School
Developer
Address
31950 Pauba Road
Temecula, CA 92590
Developer's Engineer
Albert A. Webb Assoc,
3788 NcCrav Str~t
Riverside. CA q?~O6
General Location of the involved property:
North side of Pauba Road. WPqt of N,t~p,
Brief legal description of the involved property:
Tentative ~arcjl MaD 77314
4. Number of proposed lots/parcels 4 Parcels
5. Estimated number of dwelling units Cor equivalent)
6. Other pertinent information
Zoned Senior Citizen. Convalescent
7. Small scale map of the subject proposed development
A~ea 96.7 (in acres)
ancho
May 7, 1992
Mr. Saied Naaseh
City of Temecula
Planning Department
43180 Business Park Drive
Temecula, CA 92390
Water Availab~ity
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 CRCWD). Water service,
therefore, would be available upon completion of financial arrangements
between RCWD and the property owner.
Water availability would be contingent upon the property owner signing an
Agency Agreement which assigns water management fights, if any, to RCWD.
If you have any questions, please contact Ms. Senga Doherty.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
Steve Brannon, P. E.
Manager of Development Engineering
SB:aj162/F186
cc: Senga Doheny, Engineering Technician
MA~ n 6 ~992
I 7'A
RIVERSIDE TRANSIT AGENCY
18~5 ~rlIRD STR~ · RIVERSIDE. CA 9~507-3484 · BUS. {714) 684-0850 FAX {714) 684-1007
March 2, 1992
Saied Naaseh
City of Temecula
Planning Department
43174 Business Park Drive
Temecula, CA 92590
RE: '1'I' 27314
Dear Saied:
We do not currently provide service to the site mentioned above but based on the size of the
project and our own plans for Mum growth, we are requesting that a bus turnout or a pad for a bus
stop be incorporated into the general design.
Ideal site forthe bus turnout would be on northside comer of Pauba Road adjacent to Pamel 3 just
before main emrance to the senior citizen housing.
If possible, we would also like to request that bedestdan walkways and wheelchair curb be
provided near the turnout location specified above. I can indicate the exact location for the
turnout as the pmjact 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 he completed.
Should you require additional information or specifications, please don't hesitate to contact me.
Sincerely,
Barbara A. Bray
Transit Planner
BB/jsc
PDEV #151
TO:
FROM:
SA3m-r~ NAASER
SHAWN NELSON ~
DIRECTOR OF COMMUNITY SERVICES
DAI'~:: AUGUST 12, 1992
REFERENCE: TENTATIVE TRACT NO. 27314, ANIENDM~-NT NO.2
The Temecuh Community Services Dislxict CrCSD) staff has reviewed the conditions as
set forth in the City of Temecula Conditions of Approval and recommends APPROVAL
of Tentative Tract Map No. 27314, Amendment No. 2, subject to the developer or his
assignee conforming to the TCSD Quimby Ordinance No.' 460.93 as attached.
All questions regarding the meaning of the attached conditions shall be referred to the
TCSD.
cc: Gary King
Beryl Yasinosky
Debbie Ubnoske
TEMECULA COMMUNITY SERVICES DISTRICT
Prior to the recordation of the final map, the appllcant 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 proposed TCSD maintenance areas.
Exterior slopes (as defined as: those slopes contiguous to public sweets 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
CITY OF TEMECULA
CASE NO.: Development Agreement No. 92-01
Change of Zone No. 21
Tentative Parcel Map No. 27314, Amendment No. 3
~XHIBIT: A
' C. DATE: March 1, 1993
SITE PLAN
R:\S\STAI~FRFrX27314.PC 2/24/~3 klb
CITY OF TEMECULA
CASE NO.: Development Agreement No. 92-01
Change of Zone No. 21
Tentative Parcd Map No. 27314, Amendment No. 3
~:XmBIT: B TENTATIVE PARCEL MAP
P.C. DATE: March 1, 1993
~,:~S\STAFFRPT~7314.PC 2/~/93 kJb
ATTACHMENT NO, 4
INITIAL ENVIRONMENTAL STUDY
CITY OF TEMECULA
PLANNING DEPARTMENT
i~rlIAL !~TVIRO~AL b-rLIDY
H
BACKGROUND
Name of Proponent:
Address and Phone
Number of Proponent:
Linfield C~ristian Schqol
31950 Pauba Road
Temecula, CA 92592
3. Data 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
'b.
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 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 thebed of the
ocean or any bay, inlet or lake?
Exposure of people or property
to geologic hazards such as earffi
quakes, landslides, mudslides,
ground failure, or simi ar hazards?
Air. Will the proposal result in:
Substantial air emissions or
deterioration of lunbient air
quality?
b. The creation of objectionable
odors?
Alteration of air movement,
moistere, or temperature, or any
change in climate, whether locally
or regionally?
Water. Will the proposal result in:
Substantial changas in currents, or
the course or direction of water
movements, in either marine or
fresh waters?
Substantial changes in absorption
rates, drainage panems, 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?
Y~ Maybe No
X
X
X
X
X
R:\S\STAFFRP'r~27314.1ES 2123193 klb
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 mount
of water otherwise available for
public water supplies?
Exposure of people or property to
water related hazards such as flood-
ing or tidal waves?
Plant Life. Will the proposal result in:
Change in the diversity of species,
or number of any native species of
plants (including trees, shrubs,
grass, crops, and aquatic plants)?
Reduction of the numbers of any
unique, rare, or endangered Species
of plants?
Introduction of new species of
plants into an area of native
vegetation, or in a barrier to the
normal replenishment of existing
species?
Substantial reduction in acreage
of any agricultural crop?
Yes Maybe N__o
X
X
X
X
X
R:\S%STAFFRPT~27314,1ES 2/23/93 klb
lO.
Animal Life. Will the proposal result
in:
Change in the diversity of species,
or numbers of any species of nnimals
(birds, land animn, ls including rep-
tiles; fish and shellfish, benthic
organisms or insets)?
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?
b,
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?
Y~ Maybe No
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?
HOming. Will the proposal affect
existing housing or create a demand for
additional housing?
Transporlalion/Cireulation. 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?
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. Schools?
d. Parks or other recreational.
facilities?
Ye~ Maybe N._Q
_ _ X
X
X
R:\SXSTAFFRPT~27314.1ES 2/23/93 klb
16.
17.
18.
Maintenance of public facilities,
including roads?
f. Other governmental services:
Energy. W~l the proposal result in:
Use of substantial amounts 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?
Yes Maybe No
__ __ X
X
__ __ X
X
__ __ X
X
X
X
X
__ X
R:\S\STAFFRPT~27314.1FS 2/23/93 kJb
19.
20.
21.
Recreation. Will the proposal result in
an impact upon the quality or quantity
of existing reoreational opportunities?
Cultural Resources.
Will the proposal result in the
alteration of or the destruction
of a prehistoric or historic
archaeological site?
Will the proposal result in adverse
physical or aesthetic effects to a
prehistoric or historic building,
structure, or object?
Does the proposal have the potential
to cause a physical change which
would affect unique ethnic cultural
values?
Will the proposal restrict existing
religious or sacred uses within the
potential impact area?
Mandatory Findings of Significance.
Does the project have the potential
to degrade the quality of the
environment, substantially reduce
the habitat of a fish or wildlife
species, cause a fish or wildlife
population to drop below self
sustaining levels, threaten to
eliminate a plant or animal or
eliminate important examples of
the major periods of California
history or prehistory?
Does the project have the potential
to achieve short-t~rm, 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.)
Ye~ Maybe No
X
X
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 projea have environmental
effects which will cause substan-
tial adverse effects On human beings,
either directly or indirectly?
Yes Maybe No
X
R:\S\STAFFRPT~27314.1ES 2/23/93 klb
HI DISCUSSION OF THE ENVIRONMENTAL EVALUATION
l.b.
I .c.d.
l.f.
1.g.
Aid
2.a.
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 entiflements
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.
Yes. The approval of this project will not cause disruptions, displacements, compaction
or overcovering of the soft. 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 nser's of the project are the major
contributors to air emissions. However, these impacts are not considered significant
since the construction is for a limited time only and the traffic generated from a senior
housing project is not significant.
No. Objectionable odors are usually associated with commercial and industrial uses,
Since this project is exclusively reSidential in nature 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
Water
3.b.
3.d.
3.e.
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 flesh waters. No significant impacts are anticipated.
Y~s. By covering the project site with concrete, asphalt and landscaping, the absorption
rate of the site under existing conditions would be reduced and the amount of surface
runoff would be increased. The existing 120 inch sWrm drain is sufficient to carry this
runoff; therefore, no significant impacts ave anticipated.
Maybe. The ultimate buildout of the project will result in construction of dwelling units
in the flood plain. The pads for these dwellings will be elevated above the flood plain.
No significant impacts are anticipated to the course or flow of flood waters.
No. The construction of impervious surfaces on the project site will not substantially
alter the existing drainage patterns nor proposed drainage patterns because of the size and
location of the project. No significant impacts are anticipated.
No. Swrmwater 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 moWr 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 Muftieta 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. Ranchq 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\STAFFRPT~27314..IES 2/23193 klb
4.b.c.
Animal Life
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 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 wedands 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 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 ofthe 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.IES 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.
Yes. This project inc!udes a zone change from R-R to R-3. The R-R zoning designation
permits low density single family development with minimum .$ 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 natore of senior
housing.
Natural Resources
9.a.b.
No. Implementation of the proposed project would increase the raw 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
natural resources.
Risk of Upset
10.a.
No. The proposed project is residential in nature and it is not expected to house any
material with the potential for an explosion or the release of hazardous substance. The
gasoline in the tanks of the residents' and the visitors' cars and the pesticides used for
maintenance of the landscaping are not expected to create significant impacts.
lO.b.
No. The proposed project will be reviewed by the Fire Department at the Plot Plan
stage; therefore, all response time and emergency vehicle t~rnarounds will.be examined
at that stage. No significant impacts are anticipated.
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
into the city, relocation of Temecula residents in the area or a combination of the two.
This impact is not expected to be significant.
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.
R:\S\STAFFRPT~27314.1ES 2/23193 Idb
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
inW the project. These mitigafton measures include improv'mg Pauba Road and Rancho
Vista Road border'rag the projea to theft 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 to turn left into the project entrances. The project will be required to participate
in the future construction of off-site capital improvements through establ ished 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 paRems of
circulation or movement of people and/or goods since the major rnads 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 waterb0rne, 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. Prnject-related traffic could cream 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 pedesUians.
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, llardscaping 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 idanti& 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 fur each unit will be collected to mitigate the
impacts of this development on Fire Service, The Fire Deparunent will review the Plot
Plan for this project to insure adequate service. No significant impacts are anticipated.
14.b.
No. The City of Temecula is contracting through the Riverside'County Sheriffs
Department for law enforcement services. This contract provides fur thin'y-one sworn
officers and seven non-sworn officers. Additional services are provided to the City
through various divisions within the Sheriffs Depafhaent. 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 cpurse 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 W 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 mounts of fuel or energy which are
commercially abundant. No significant impacts are anticipated.
R:\S\STAFFRPT~27314.1ES 2123/93 klb
Utilities
16.a.b.c.
d.e.L
' No. All the utilities and services are within close proximity to the project site and will
be extended to the projea site with agreements between the developer and the individual
agencies. No significant impacts are anticipated.
Human Health
17.aZb.
No. The nature of the proposed uses permitted on the project Site is not such that they
would create potential health hazards. No significant impacts are anticipated.
Aesthetics
18.
Maybe. The project will go through further review in terms of architecture and
landscaping when a Plot Plan application is filed. All aesthetics issues will be dealt with
at that stage. At that time close attention shall be given to the impacts, if any, to the
existing single family dwellings to the north of the project site and the existing schools
on the west and east of the site. No significant impacts are anticipated.
Recreation
19.
Yes. The proposed project will include a private golf course and other active 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\27314.1ES 2/23/93 klb
ENVIRONMENTAL DETERMINATION
On the basis 6f 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 ~e proposed project could have a signi-
ticant effect on ~e 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.
X
February 2. 1993
Date
For CITY OF TEMECULA
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ATTACHMENT NO. 5
DEVELOPMENT AGREEMENT
R:\S\STAFFRPT~7314.pC 2/24/93 klb 34
RECORDED AT THE REQUEST OF
City Clerk
City of Temecula
WHEN RECORDED RETUR/~ TO
City Clerk
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
DEVELOPMENT AGPaEM~NT'
BETWEEN
CITY OF TEMICU~jA
THE LINFIELD SCHOOL
DEVELOPMENT AGREEMENT
BETWEEN
CITY OF 'rg~Euu~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 my approve development projects without being subject
to the requirement that its decisions be consistent with the
R:\S~STAFFRFI~LINFIELD.DA 2/23/~3 k~ -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 Co~nunity 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
envirorunental 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 ofeuch review, may impose additional
measures (or conditions) to mitigate as permitted by law the
R:~S~,STAFFRPT~LINFIELD.DA 2123193 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 payable to the County Clerk in the amount Of
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\STAFFRPTU,~tF~,LD.DA 2/23/93 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, 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) 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:XS~STAFFRFI'U3NFIBLD.DA 2123193 klb = 5-
Exhibit
De s ignat ion
Description
A - Legal Description of the K
Property
Referred to
in Paragraph
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 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.
R:~S%STAFFRPT~lqBLD.DA 2/~3/93 klb -6-
5. Assiqnment.
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 sea., or
Riverside County Ordinance No. 460, as the sanme 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, or assignee and
providing therein that the purchaser, transferee, or
assignee expressly and unconditionally assumes all the
duties and obligations of the Owner under this Agreement.
Any sale, transfer, or assignment not made in strict
compliance with the foregoing conditions shall constitute a
default by the Owner under this Agreement. Notwithstanding the
failure of any purchaser, transferee, or assignee to execute the
agreement required by Paragraph (b) of this Subsection, the
burdens of this Agreement shall be binding upon such purchaser,
transferee, or assignee, but the benefits of this Agreement shall
not inure to such purchaser, transferee, or assignee until and
unless such agreement is executed.
5.2 Release of Transferring' Owner.
Notwithstanding any sale, transfer, or assignment, a transferring
Owner shall continue to be obligated under this Agreement unless
such transferring Owner is given a release in writing by City,
which release shall be provided by City upon the full
satisfaction by such transferring Owner of all of the following
conditions:
(a) The Owner no longer has a legal or
equitable interest in all or any part of the property except
as a beneficiary under a deed of trust.
(b) The Owner is not then in default under
this Agreement.
(c) The Owner has provided City with the
notice and executed agreement required under Paragraph {b)
of Subsection 5.1 above.
(d) The purchaser, transferee, or assignee
provides City with security equivalent to any security
previously provided by Owner to secure performance of its'
obligations hereunder.
R:~S~STAFFRFTU/NFHH, D.DA 2~23/93 k/b - 7-
5.3 Subsec~/ent 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 termsand 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 givento 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 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. 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 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, iris 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\STAFFRFI'XLINFIBLD.DA 2/23193 klb - 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 causedby
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 Concerninu Aqreement.
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 ConCerninq 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\STAFFRFT~LZ~F~_LD.DA 2/23/93 LIb - 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
5alanced by couxnensurate 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\STA]FrFRIq~LIN]:IF_LD.DA 2/23t93 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 w~ich
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 Agencies. It is
acknowledged by the parties that other public agencies not within
the control of City possess authority to.regulate aspects' of the
development of the Property separately from or jointly with City
and this Agreement does not limit the authority of such other
public agencies.
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 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
immediately above, development of the Property shall occur only
as provided in this Agreement, and the provisions in this
R:\S~STA~INFIBLD.DA 2/~3/93 klb - 12 -
Agreement shall be controlling over any conflicting provision of
law or ordinance concerning vesting maps.
16. Development of the Property.
16.1 Protect. 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 Co~unity 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 Chanqes 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 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,
R:XS~STAFFRF~LBqF~,D.DA 2/.73/93 klb - 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 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 reviewby 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
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\STAFFRJq~L~WIqBi~.DA 2f23/93 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-i); Owner
further agrees to such amendments.
(g) All other remedies at law or in equity which
are not otherwise provided for in the Agreement or in City's
regulations governing development agreements. are available to the
parties to pursue in the event there is a breach.
20. Damaqes 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. If.legal action by
either party is brought because of breach of this Agreement or to
enforce a provision of this Agreement, the prevailing party is
entitled to reasonable attorneys fees and court costs.
22. Notices. All notices required or provided for
under this Agreement shall be in writing and delivered in person
or sent by certified mail, postage prepaid. Notice required to
be given to City shall be addressed as follows:
To City:
City Clerk
City of Temecula
43172 Business Park Drive
Temecula, CA 92390
R:\S~STAFFRFI~LINF]ELD.DA 2123193 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 tothe
other party and thereafter notices shall beaddressed and
~ransmitted 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 W'HEREOF this Agreement has been executed by
the parties on the day and year first above written.
"CITY"
Attest:
By :'
MAYOR
City Clerk
R:\S\STAFFRPTU~Z~F~D.DA ~/23/9'J k~ - 16 -
Approved as to form:
City Attorney
By:
Name:
Title:
By:
Name:
Title:
Notary
[ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC.
EXECUTION ON BEHALF OF ANY CORPOP~ATION SHALL BE BY TWO CORPORATE
OFFICERS.]
R:~S~STAFFRFF~INFIELD.DA 2/23/~3 klb - 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\STA~rFIF/.D.DA 2/23/93 k~b - 18 -
EXHIBIT
EXISTING DEqFELOPMENTAPPROVALS
Tentative Parcel Map No. 27314
Change of Zone No. 21
R:\S\STAI~FRPT~INFIBLD.DA 2/23/93 k/b = 19 -
EXHIBIT
DEVELOPMI~'T SCHEDULE
Within five (S) 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 obtainin9
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\STAFFR.PT~LINFIELD.DA 2/23/93 k/b = 2 0 -
EXHIBIT ~D~
PUBLIC FACILITY FEE AGREI~IENT
R:\S\STAFFILuT%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" ) .
"Property" )
RECITALS
Developer is the owner of real property (the
in the City of Temecula described as follows:
Exhibit A,
reference
B.
pursuant to
attached hereto and incorporated herein by
Developerproposes'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 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 kno~rn
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 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 ~he 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 ~he 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 Pee is established after ~he 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 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, %raffic flow, trip generation factors and such other
is reasonably necessary to establish the Public
information as
Facility Fee.
4.
Security for Public Faci!itv 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 e~ecution 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 fo~ 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 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 ~he 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 t,hat if legal
action by ~he 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 de=el-mined
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. Bindin~ A~reement: ·
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'al~prior oral or written agreements or representations. A
waiver of any term or condition of ~his Agreement by either party
shall not be deemed a continuing Waiver thereof.
to file a
this Agreement,
entitled to its
attorneys' fees.
10. Notice:
Notice shall
9. Attorneys' Fees:
· Should either party determine that it is necessary
legal action to enforce or interpret the provisions of
the prevailing party in that litigation shall be
reasonable costs, including but not limited to
be deemed given under this Agreement
first-
when in writing and deposited in the United States mail,
class, postage prepaid,
CITY:
'City of Temecula
43174 Business park Drive
Temecula, CA 92590
Attn: City Clerk
addressed as follows:
DEVELOPER:
11.
invalid,
Agreement as Developer,
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
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 ~E~
FEE CPaDITS
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 DECLAEATION OF RESTRICTIONS made this day of
· 1992, by (" ")
hereinafter referred to as "Declarant."
WHEREAS, Declarant is the owner of Parcels 1-4 of Parcel Map
No. 27314 (the "Property"); and
WHEREAS, Declarant intends to sell the above described
property, restricting it in accordance with a common plan
designed to preserve the value and residential qualities of said
land, for the benefit of its future owners.
NOW, THEREFORE, Declarant declares that said real property
shall be held, transferred, encumbered, used, sold, conveyed,
leased, and occupied, subject to the covenants and restrictions
hereinafter set forth expressly and exclusively for the use and
benefit of said property and of each and every person or entity
who now or in the future owns any portion or portions of said
real property.
1. Land Use and Buildinq Type. 'No person may occupy
any dwelling unit located on the Property unless he or she is at
least fifty-five (55) years of age, or otherwise qualifies for
residency pursuant to California Civil Code Section 51.3.
2. Term. These covenants are to run with the land
and shall be binding on all parties and all persons claiming
under them for a period of thirty (30) years from the date these
covenants are recorded, after which time said covenants shall be
automatically extended for successive periods of ten (10) years
unless an instrument signed by a majority of the then owners of
the lots, and the City of Temecula, has been recorded, agreeing
to change said covenants in whole or in part.
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\STAFFRPT~LINFI~LD.DA ~/23193 kJb - 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 be entitled to its reasonable
attorneys fees and costs in addition to any other award entered
by the Court.
5. Severability. Invalidatton 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.
DECLARA/~T:
Signature
Name:
Address:
R:~S\STAFFRPT',LINFIBLD,DA ~3/23/93 frJb - 24 -
-25-
ATFACHMENT NO. 6
PLANNING COMMISSION MINUTES
AUGUST 17, 1992
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
MONDAY, AUGUST 17, 1992
A regular meeting of the City of Temecula Planning Commission was called to order Monday,
August 17, 1992, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula,
California, Chairman John E. Hoagland presiding.
PRESENT: ' 5 COMMISSIONERS: Blair, Chiniaeff, Fahey, Ford, Hoagland
ABSENT: 0 COMMISSIONERS: None
Also present were Assistant City Attorney John Cavanaugh, Planning Director Gary Thornhill,
Senior Planner Debbie Ubnoske and Minute Clerk Gall Zigler.
PUBLIC COMMENT
None
COMMISSION BUSINESS
1. APPROVAL OF AGENDA
Chairman Hoagland requested Item No. 6 be taken as the first item of business after
approval of the agenda.
It was moved by Commissioner Blair, seconded by Commissioner Fahey to approve the
agenda with Item No. 6 as the next order of business. The motion was unanimously
carried.
NON-PUBLIC HEARING ITEM
Planninq Commission Chairman and Vice Chairman Election
Commissioner Ford nominated Dennis Chiniaeff as Chairman.
Commissioner Blair nominated Linda Fahey as Chairman.
Commissioner Chiniaeff withdrew his name from .nomination and Commissioner
Fahey's nomination as Chairman was unanimously approved as follows:
PCMINB/17/92
PLANNING COMMISSION MINUTES
ABSTAIN: 2 COMMISSIONERS:
PUBLIC HEA~tlNG
Chiniaeff, Ford
AUGUST 17,1992
Variance NO. 12
Proposal to erect two freestanding signs-one six foot high sign adjacent to Jefferson
Avenue and one. twenty-five foot high sign adjacent to InterState 15 with copy for the
Hungry Hunter and Jan Weilert R.V. on each sign.
Matthew Fagan 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 Change of Zone No. 5724
Prol~osal 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 Agreement No. 92-1 (DA 92-1 ). Change of Zone No. 21 and Tentative
PCMIN8/1 ?/92 -3*, 9/9/92
~PLANNING COMMISSION MINUTES
Parcel MaD No. 27314, Amendment No. 2
AUGUST 17,1992
Prol~osal 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.
PCMIN8/17/92 -4- 919/92
~NG COMMISSION MINUTES
Commissioner Ford expressed the following c~ncerns:
* Is there adequate parking for a public golf course?
AUGUST 17, 1992
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 proj.ect 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
pLANNING COMMISSION 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 beenprovided 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 public right-of-way and
-6- 9/9/92
PCMINe/17/92
ATTACHMENT NO. 7
PLANNING COMMISSION STAFF REPORT
AUGUST 17, 1992
R:~S\STAFF~314.PC 2/24/~ k~
Case No.:
RECOMMI~,NDATION:
STAFF REPORT - PLANNING
u'rx' OF TEMECULA
PLANNING COMMISSION
AuguSt 1~, 1992
Development Agreement No. 92-1, Change of
Zone No. 21, Tentative Parcel Map No. 27314,
Amendment No. 2
Prepared By: Saied Naaseh
RECOMMEND Adoption of Negative Declaration for
D~velopm~nt ASn~ment No. 92-1, Change of Zone No. 21 and
Tentative Parcel Map No. 27314, Amendment No. 2; and
ADOPT Resolution No. 92- recommending Approval for
Development Agreement No. 92-1, Change of Zone No. 21 and
Tentative Parcel Map No. 27314, Amendment No. 2 based on the
Analysis and Findings contained in the Staff ReiDon and subject to
the attached Conditions of AppWval.
APPLICATION INFORMATION
APPLICANT:
Linfield Christian School
Albert A. Webb Associates
PROPOSAL:
A request for approval of Development Agreement No. 92-1 (refer w Attachment No. 6) to
ensure the development of the site as a multi-family senior complex, congregate care, personal
care and skilled nursing facilities, a nine-hole golf course and the dedication of a senior center
to the City of Temecuh (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) parcels and a Remainder Parcel
(refer to Exhibit "E").
LOCA~ON:
East of Temecuh Valley High School, south of Rancho Vista Road
and north of Pauba Road
S~aTAFFRPT~7314TI~i. PC vlw
EXISTING ZONING: R-R (Rural Residential)
SURROUNDING
ZONING."
North:
South:
East:
West:
Specific pI.n (SP 199, Ma_,Tarita Vnhge)
Specific Plan (SP 219, Paloma Del SoD
Rural Resid~nthtl (R-R)
Rural Rusidtmdal (R-R)
PROPOSED ZONING: R-3 (General Residential)
EXISTING LAND USE: Linfield School Site
SURROUNDING
LAND USES:
North:
South:
West:
Single Family Dwellings
Vacant (Paloma del Sol)
Single Family Dwellings
Temecula 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/Skilled Nursing, Personal Care
Remainder Parcel/Linfleld School
15 years
4 plus a Remainder Parcel
96.9 acres
2.3 acres
38.0 acres
6.2 acres
2.0 acres
48.4 acres
BACKGROUND
This project was submitted to the City of Temecula on December 17, 1991. Three (3)
Development Review Committee meetings were scheduled on January 16, 1992, February 27;
1992 and May 7, 1992. On June 15, 1992 the application was deemed complete and was
scheduled for a Planning Commission Hearing.
PROJECT DESCRIPTION
This project consists of a Development Agreement, a Zone Change and a Parcel Map. The
following re'presents a summary of the individual applications:
Development Agreement 92-1
The purpose of this Development Agreement (D.A.) is to ensure the future development of
parcels 1 through 4 of Parcel Map No. 27314, Amendment No. 2 as a multi-family senior
complex, congregate care, personal care and skilled nursing fac'~ities, a nine (9) hole private
golf course and the construction and dedication of a senior center on Parcel 1. A deed
restriction will limit the age of all residents within this project to 55 or older. This D.A. is tied
to the Change of Zone application to ensure the development of the above mentioned uses.
Specific .language in the D.A. reverts back the Zoning and the Cy~nentl Plan Land Use
designations from R-3 and High Density to R-1 and Low Medium Density or Public Institutional
ff the developer does not begin substantial construction of the multi*family senior complex and
the congregat'- care p~rsona , or the .~ldlled nursing facilities within five years. The total
life of the D,A. is ~or fff~ears to allow th~ build out of the project.
The development of the site will comply with all the requirements of Ordinance No. 348,
however, if new standards are adopted by the City by the lime the applicant applies for further
entiflements, new standaffis will apply to the project.
Change of Zone No. 21
The current zoning on the property is Rural Residential (refer to Attachment No. 7) and the
applicant is requesting a change of zone to General Residential (refer to Attachment No. 8) for
parcels 1 through 4 of the Parcel Map. The ~mainder parcel retains the R-R zoning
designation.
Tentative Pared Map No. 27314. Amendment No, 2
This parcel map will allow the parceliTation of a 97.9 acre parcel which includes the Linfield
School site which wffi be designated as a Remainder Parcel. Parcel No. I wffi be constructed
as a senior center and will be dedicated to the City for operation and maintenance. Parcel No.
2 will be developed as a multi-family senior complex with an integrated nine (9) hole golf
course. Pamel 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 provided by
two 30 foot wide driveways, access to Parcel 2 is provided by two 30 foot wide driveways, one
on Pauba Road and one on Ranthe Vista Road, Parcel 3 will have one exclusive 30 foot access
drive aisle and a shared drive aisle with Parcel 4 with the same width. The Remainder Parcel
will be served by the existing driveway. Several structures including the schonl's gymnasium,.
three storage structures and a residence and a baseball field exist.on the site and v~ill be removed
to allow the construction of the project. These facilities have been incorporated into the
proposed master plan for the Liafield 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
qualifies as wetland habitat as idenlitied 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 W insure the development of the
site as a senior housing complex as opposed to high density apartments was to record an D.A.
As a resuR, the zone chnnge is tied to the developer's performance on the construction of the
pmjea as .specified in tl~ Development Agreement.
The D.A. requires the developer to comply with a Development Schedule, (refer W Exhibit "C"
of AtXachment No. 6). The following represents the developer's responsibilities under thin
agreement.
Within five (5) years of file effective date of thin Development A~wement, Owner shall
have SubStantially begun construction of each of file following uses: '
a. Twenty (20) dwelling units of file 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 W the next Occupancy
Permit issuance wjthln this complex, owner shall have constructed and obtained a
Certificate of Occupancy for file Senior Citizen Center,. and shall have completed the goff
course.
Within five (5) years of the effective date of this Development Agreement, Owner shall
have recorded Parcel Map No. 27314 and have obtained all subsequent development
approvals for the Senior Citizen Housing Development, the Congregate Care Facility,
the Skilled Nursing Facffity, and the Personal Care Facility.
4. Within the mrm of this Development Agreement, Owner shall have obtained Certificates
of Occupancy for all buildings identified in the subsequent development approvals.
Failure to meet any of these deadlines will result in a breach of the D.A., and the City will
initiate the reversion of the zoning designation and the General Plan l-and Use designation from
R-3 and High Density Residential to R-I and Low Medium Density Residential or Public
Institutional.
In order to satisfy the Quimby Act requirements which are usuMly collected prior to the
recordation of the Final Map, file applicant will receive a fifty (50) percent crexlit Wwards the
construction of the private golf course. The-conceptual site plan for file pwjea (refer to Exhibit
"D") shows no public parking spaces for this facility, therefore, it will be used exclusi~;ely by
the residents of the complex. The remaining fifty (50) percent of the Quimby requirements is
satisfied by the construction and dedication of the Senior Center site which will actually exceed
the Quimby Act requirements. Both of these facffifies wffi be built after twenty-five (25) percent
of the dwelling units within the multi-family senior housing complex have received Occupancy
Permits and prior to the next Occupancy Permit issuance within this complex. Technically, the
developer could have 20 appwved foundations for the multi-family senior complex and have
received the approval for the foundation of either the congregate care, the .~idt|ed nuning or the
personal care facilities, or have built these thr~ facilities, and not be requir~l to build the senior
center or the golf course.
Change of Zone No. 21
This Change .of Zone from R-R to R-3 was necessary to allow the developer to apply for the
enti~ements necessary to build the senior housing complex as identified in the D.A. Moreover,
tkis 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 Exkibit
"E" of Attachment 6).
If the developer fails to satisfy any component of this Development Schedule, the Zoning and
the General Phn designations will ~vert back from R-3 and High Density Residential to R- 1 and
Low Medium Density Residential or Public Institutional.
Tentative Parcel Map No. 27314. Amendment No. 2
The proposed map will subdivide the 98.9 acre parcel into four (4) parcels and a Remainder
Parcel. The Senior Center site is located on Parcel No. 1. Due to the existing topography, the
whole site will probably have to be mass graded in order for this parcel to be developed.
Otherwise; the parcel by itseft will be difficult to grade and .build on. Since the D.A. requires
the developer to construct and dedicate the site to the City prior to release of the fn-st occupancy
permit for the multi-family complex, Staff does not foresee a potential problem with the
topography.
Compatibility with the Surrounding Us~
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 Temecula Valley Unified School District has expressed concern about the project
and has requested a Conditional of Approval be added to protect their interests (refer to
Condition No. 34 and Attachment No. 11). Staff shares the concerns of the School District
since the proposed senior citizen complex will be surrounded by two schools which could impact
this project. The existing stadium will generate light and noise that will need to be mitigated
at the plot plan stage (refer to Condition No.35).
ZONING, FUTURE GENERAL PLAN AND SWAP CONSISTENCY
The proposed project includes a change of zone from R-R to R-3. This change will allow the
development of the project site as a senior housing complex as dictated within the D.A. The
City of Temecula is supportive Of this change of zone since it will result in a desirable senior
housing project consistent with the surrounding land uses.
The first draft of the preferred land use map shows the project site as Public Institutional since
it is now one parcel which contains the Linfield School. If this projea is appwved as pwposed,
the Preferred Land Use Map wil/be amended w show High Density Residential.
The SWAP designation for the pwject site is residential, mlnlmulll one acre lot size. The City
of Temecuh is supportive of the approval of this project since it will result in a desirable senior
housing project consistent with the surwuveling land usel.
ENVIRON/VIENTAL DETERMINATION
. An Initial Study was prepared for this project and with the adoption of mitigation measures
which have been included in the Conditions of Appwval, all the anticipated impacts have been
reduced W a level of insignificance. Therefore, a Negative Declaration has been prepared and
recommended for adoption. The following summarizes 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
Temecula VaLley High
School stadium noise and
lights
MITIGATION : :: CONDITION NU1VIBER
Adequate provisions shall be
made for acceptance and
disposal of surface drainage
entering the property from
adjacent areas
A mitigation measur~ that is
acceptable to the Army
Corps of Engineers, Fish
and Game and Fish and
Wildlife
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 setbacks
63
33
35
IMPACT
Traffic .impact of the
project bn the public sleet
system with 1,610 daily
vehicle trips including 130
peak hour trips and the
operation of a major
intersection at level of
service C or better
Internal circulation impacts
to cars and pedestrians
Impacts to Fire Services
Impacts to Library Services
'~M1TIGATION
Improvements shall
be completed to half-
width right-of-way
width of R~ncho
Vis~ Road and
hinted merlin6' shall
be required with left
turn pockets on
Rancho Vista Road
and Pauba Road to
provide access to the
project site
The gate for the
multi-family senior
complex Shall be set
back sufficiently to
allow for stacking of
* A pedestrian friendly
circulation system
shall 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 shall
be assessed against the
project
:CONDITION NUMBER
44&79
36 & 37
38
21
$X~TAFFRFrXZBI4TTM.PC v~ 7
IMPACT ~ ~ ~M1TIGATION : ::~ .:.
Aesthetics Impact ~o the
surrounding uses
At the Plot Plan stage the
architecture and the
landscaping of the projec~
ShMI ~ into account the
surrounding single fnmily
units and schools and
effectively buffer with . ·
landscaping or enhance the'
necessary by the Planning
CONDITION NUMBER
39
SUMMARY/CONCLUSIONS
The senior citizen complex shall be constructed as specified in the Development Agreement.
At the same time the D.A. prevents the construction of high density apanaients once the zoning
is changed to R-3. The developer has five (5) years to start the constxuction of the pwject 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.
Them is a reasonable probability that the D.A. will be consistent with the General Plan
pwposal presently being considered, since the pwject will be compatible with
surrounding uses and will carry out the policies intended for the General Plan.
Therefore, there is a reasonable pwbability that the D.A. will be consistent with the
future General Plan.
There is tittle or no probability of substantial 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.
The D.A. complies with all other applicable requirements of State Law and Local
0!rvl½n~nt2S.
¸5.
Tile envinonmental 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 digretionary entitlements for the
development of the property or any ChangeS, amendments, or modifications to the
property. The City, as a result of such x~view, may impose additional measures (or
conditions) to mitigate, as permit~l by law, the adverse environmental impacts of such
development enti~ement which were not considered or mitigated at the time of approval
of the D.A.
Change of Zone No. 21
Them 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 masonable time and in
accordance with State Law, due to the fact that the future development of the site will
be controlled by a Development Ag,~ment which is consistent with City' s policies for
the new General Plan.
There is not a llkely 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 polici~ 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 will be consistent
with the City's future General Plan, which will be completed in a reasonable time and
in accordance with State Law. The project, as conditioned, conforms with existing
applicable city zoning ordinances and development standards.
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,
sinc~ the future development of the site wffi be controlled by a Development Agreement
which is consistent with the City's policies for the new General Plan.
The proposed use or action as conditionedcomplles with State planning and zoning laws.
Reference local OrdinnnCeS NO. 348, 460; and Californh Governmental Code Sections
65000-66009 (Planning and Zoning Law).
The project as designed and conditioned will not adversely affect the public health or
weftare sinc~ all impacts have been mitigated to a level of insignificance.
The project is compatible with surrounding land uses since the proposal wffi not have a
negative impact on the existing school sites to the east and west and the existing and
proposed single-fnmily dw61Lings w the north and south.
The project hn~ acceptable access to dedicated fights-of-way which are open W, 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 standaids and ordinances.
The project as designed and conditioned wffi not adversely affect the built or natural
environment as determined in the Environmental Analysis for thi~ pwject.
Said Findings are supported by minutes, maps, exhibits and environmental documents
associated' with this application and heroin incorporated by reference, due to the fact that
they are referenced in the attached Staff Repon, Exhibits, Environmental Assessment,
and Conditions of Approval.
STAFF
RECOMMENDATION:
RECOMME~ 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 Appwval for
Development Agreement No. 92-1, Change of Zone No. 21 and
Tentative Parcel Map No. 27314, Amendment No. 2 based on the
Analysis and Findings contained in the Staff Report and subject to
the attached Conditions of Approval.
sx.vrAmyr~4rrK~c ~s~ 10
Attachments:
2.
3.
4.
6.
7.
8.
9.
10.
11.
12.
13.
Resolutions - blue page 12
O/'dinances - blue page 18
Conditions of Approval -blue page 19
Exhibits - blue page 35
a. Vicinity Map
b. SWAP Map
C. Zoning Map
d. Conceptual Site Plan
e. Tentative Par. el Map No. 27314, Amendment No. 2
f. Change of Zone No. 21
g. Conc~tual Elevations
Initial Environmental Study - blue page 36
Development Agreement - blue page 53
Sections 5.1 and 5.2 of Ordinance No. 348, Rural Residential Zoning Standards -
blue page 54
Sections 8.1 and 8.2 of 0rdinnnce No. 348, General Residential Zoning Standards -
blue page 55
Sections 18.5 and 18.6 of Ordinance No. 348, Standards for Planned Residential
Developments & Planned Residential D~velopments-Senior Citizens - blue page 56
Sections 19.101, 19.102 and 19.103 of Ordinance No. 348, Congregate Care Facilities
Standards - blue page 57
School District Letter - blue page 58
Arthur Anderson Study, Development Program Recommendations - blue page 59
Miscellaneous Correspondence - blue page 60
SXSTAFFRIrI'~7314'IuYI~I.PC vgw 11
ATTACHMENT NO. 1
RESOLU'I~ONS
Sx,$TAFFRP'B27~I4~rM.PC vp 12
ATFA~ NO. 1
RESOLUTION NO. 92,-
A RESOLUTION OF ~ PLANNING COMMISSION OF
TRY-CITY OF TEMECUIA RF_~OMMENDING APPROVAL
OF DEVELOEViRNT AGBRRMENT NO. 92-1, CHANGE OF
ZONE NO. 21 TO CHANGE THE ZONING FROM R-R TO
R-5, AND TENTATIVE~ PARCEL MAP NO. 27314,
AMENDMRNT NO. 2 TO SUBDIVIDE A 96.9 ACRE
PARCEL INTO FOUR (4) PARCE~-~ AND A P, IVIAINDER
PARCEL LOCATED NORTH OF PAUBA ROAD, SOUTH OF
RANClIO VISTA ROAD AND EAST OF TFrE TEMECULA
V~IJ.EY HIGH SCHOOL.
WtFEREAS, The Lin~dd School fried Development Agreement No. 92-1, Change of
Zone No. 21 and Parcel Map No. 27314, Amendment No. 2 in accordance with the Riverside
County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted
by reference;
WHEREAS, said applications were processed in the time and manner prescribed by State
and local law;
WITEREAS, the Planning Commission considered said applications on August 17, 1992,
at which time interested persons had an opponuhity to mstify either in support or opposition;
WttEREAS, at the'conclusion of the Commission hearing, the Commission
recommended approval of said applications;
NOW, TRRREFORE, ~ PLANNING COMMISSION OF TIE CITY OF'
TflVlECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. FindingS. That the Temecula Planning Commission hereby makes the
following findings:
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
following requirements are met:
1. The city is proceeding in a timely fashion with the preparation of the
general plan.
s~r^rsarrms~4rm.~c ~ 13
2. The planning agency finds, in approving projects and taking other actions,
including the issnancc 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 reaSOnahtc time,
b. There is little 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
re~luirements of state law and local ordinances.
B. The Riverside County Cveneml 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, t!~ City has adopted SWAP as its General Plan
guidelines while the City is proccccling in a timely fashion with the preparation of its General
Plan.
C. The Planning Commission in recommending approval of said applications makes
the following froclings, to wit:
Development Am'~ement 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 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 project is ultimately inconsistent with the plan, since
this project will not have a negative impact on the surrounding uses.
4. The project complies with all other applicable requirements of state law
and local ordinances.
5. The environmental impacts of the agreement have been reviewed ind all
measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the
City approvals for the project.
6. No other mitigation measures for environmental impacts created by the
project, as presently approved shall be rcquLred for development of the project unless mandated
by laws.
sxs'rAnnum:~4vn~.~c ~ 14
7. The City may, pursuant to and in ~ with its rules, regulations,
and ordinnnces, conduct an environmental review of subsequent discretionary entiflements for
the develgpment 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 pcrmiUed by law the adverse environmental impa~ts of such development enti~ement which
were not considered or mitigated at the time of approval of the project.
Change of Zone No. 21
1. Them is a rensonable probability that Change of Zone No. 21 will be
consistent with the City's future General Plan, which will be completed in a x~msonable 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.
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 and conditions of approval
to reduce the impacts to a level of insignificance.
Tentative Parcel Map No. 27314. Amendment No. 2
1. There is a reasonable probability that Tentative Parcel Map No. 27314,
Amendment No. 2 will be consistent with the City's future General Plan, which will be
completed in a reasonable time and in accordance with State law. The project, as conditioned,
conforms with existing applicable city zoning ordinances and development standards.
2. 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.
3. The proposed use or action as conditioned complies with State lilanning
and zoning hws. Reference local Ordinances No. 348,460; and California Governmental Code
Sections 65000-66009 (Planning 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 since the proposal
will not have a negative impact on the existing school sites to the east and west and the existing
and proposed single-family dwellings to the north and south.
6. The project has acceptable access to dedicated rights-of-way which am
open to, and useable by, vehicular traffic. The project draws access from Pauh Road and
Rancho Vista Road, improved dedicated City rights-of-way. Project access, as designed and
condidoned, conforms with applicable City Engineering standards and ordinances.
7. The project as designed and conditioned will not adversely affect the built
· or natural environment as deterrnin~l 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 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 III, 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 project design, and a Negative Declaration,
is hereby granted.
Section 3. Conditions, That the City of Temecuh Planning Commission hereby
recom mends approval of Development Agreement 92-1, Change of Zone No. 2 I, and Tentative
Parcel Map No. 27314, Amendment No. 2 located at north of Pauba Road, south of Rancho
Vista Road and east of the Temecula Valley High School subject to the 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~r^rn~aTs~.rr~.~c ,~. 16
I m~,EBY CERTIFY that the foregoing Re~olution 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 Cornmlssion:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS.;
s~rAn~-rx,-m4rm.~c ~w 17
A'I-I'ACHIV!ENT NO. 2
ORDINANCES
s,s'r,~a.r,z~,~rrKx. c ,,v, 18
DI~,T,F-TED BY STAFF
AI'rACHMENT NO. 3
CONDITIONS OF APPROVAL
s~"r^nnu,ranl4rm.~c ,~ 19
CITY OF
CONDITIONS OF APPROVAL
Tentative Parcel l~4ap No: 27314, Amendment No. 2
Project Description: A request to subdivide a 96.9 acre
parcel into 4 parcels and a remainder
parca.
Assessor's Parcel No.: 946-070-080
PLANNING DEPARTMENT
The tentative subdivision shall comply with the Sta~ of California Subdivision Map Act
and to all the requirements of Ordinance 460, unless modified by the conditions listed
below. A time extension may be approved in accordance with the State Map Act and
City Ordinance, upon written request, if made 30 days prior w the expiration date.
This conditionally approved tentative map will expire two years after the approval date,
unless extended as provided by Ordinance 460. The expiration date is
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 road.
Subdivision phasing, if applicable, shall be subject to Planning Deparanent approval.
Any proposed phasing shall provide for adequate vehicular access to all lots in each
phase, and shall substantially conform to the intent and put!nose of the subdivision'
approval.
A Homeowners Association shall be established for maintenance of Open Space/Common
Area and the developer/applicant shah pay for all costs relating to establishment of the
Homeowners Association.
A copy of the final grading plan shall be submitted to the planning Deparlment for
review and approval. All on-site cut and fffi slopes shall:
Be limited to a maximum slope ratio of 2 to I and a maximum vertical height of
thirty (30) feet. Setbacks from top and bottom of slopes shall be a minimum of
one-haft the slope height.
B. Be contour-graded to blend with existing natural contours.
s~r^mu, ram4rru.~c ,p 20
10.
11.
12.
13.
14.
15.
16.
17.
C. Be a paxt of the downhill lot when within or between individual lots.
All slopes over three (3) feet in height shall be landscaped and irrigated according to the
Ciiy Development Code. A de~ihxl landscap'rag and irrigation plan, px~ared by a
qualified professional, shall b~ submitted to the City l~lnnning Depamnent for review and
approval prior to issuance of building pennits.
The applicant Shall comply with the environmenlal health recommendations outlined in
the County Health Depaxhuent's transmittal dated July 1, 1992, a copy of which is
attached.
The applicant shall comply with the fff~ improvement recommendations outlined in the
County Fire Depanment's letter 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 OUtlineXl in the Southwest Area Plan.
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.
The developer shah be responsible for maintenance and upkeep of all slopes, landscaped
areas and 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
transmittat dated May 7, 1992, a copy of which is attached.
The applicant shall comply with the recommendations outlined in the RTA transmittat
dated March 2, 1992, a copy of which is attached.
The applicant shall comply with the recommendations outlined in the Temecula
Community' Services District transmittat dated August 12, 1992, a copy of which is
attached.
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 Fried with the office of the City Engineer. A copy of
the ECS shall be transmitted to the Planning Depa:tment for review and approval. The
approved ECS shall be forwarded with copies of the recorded final map to the Planning
Department and the Depamaent of Building and Safety.
The following notes shall be phced on the Environmental Constraints Sheet:
A. This property is located within thirty (30) miles of Mount Palomar Observatory.
s~r^mu,mTs,,~m.~c ,v- 21
18.
A fifty (50) foot wide easement shall be recorded on both sides of the wetland
habitats as identified in the Biological Report and Shall be designated a biological
open space. The area within this easement may be incorporated into the design
of the goff course.
C. Drainage easements shall be kept free of buildings and obstructions.
D. The 100-year floodplain area shall be delineated.
Prior to the issuance OfB[rH DING PERMITS the following conditions shall be satisfied:
Prior to the issuance of building permits detailed common open space area
landscaping and irrigation plans shall be submitted for Planning Departmere
appwval for the phase of development in process. The plans shall be certified
by a landscape architect, and shall pwvide 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. l-~ndscape elements shall include
earth bernring, 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
Margatim Road. Wooden fencing shall not be allowed on the perimeter
of the project. All lots with slopes leading down from the lot shall be
provided with gates in the wall for maintenance access.
Landscaping plans shall incorporate the use of specimen accent trees at
key visual focal points within the project.
Where street trees cannot be planted within right-of-way of interior streets
and project parkways due to insufficient road fighi-of-way, they shall be
planted outside of the road fight-of-way.
Landscaping plans shall incorporate native and drought tolerant plants
where appropriate.
SXSTAFVRm'~S~a'm.~C ~S~ 22
All existing specimen tn~s and significant rock outcroppings on the
subject property shall be shown on the proje~t's grading plans and shall
note thoso to be remove~l, rolocatexl and/or ~ained.
All trees shall be minimum double staked. Weaker and/or slow growing
trees shall be st~l stalmd.
19. Prior to iss,mnce of GRADING PIgnUTS th~ following conditions shall be satisfied:
'A.
· ff the project is to be phase~i, prior to the approval of grading permits, an'overall.
conceptual gr,~ding plan shall be submitted to the planning Director for approval.
The plan shall be used as a guideline for subsequent detailed grading plans for
in~vidual phases of development and shall include the following:
(1)
Technique8 which will be utiliTed to prevent erosion and sedimcntation
during and after the grading process.
Approximate time frames for grading and identification of areas which
may be graded during the higher probability rain months of January
through March.
(3) Preliminary pad and roadway elevations.
(4) Areas of temporary grading outside of a particular phase.
All cut slopes located adjacent to ungrdded natural terrain and exceeding ten (10)
feet in vertical height shall be contour-graded incoxporating the following grading
techniques:
(D
The angle of the graded slope shall be gndually adjusted to the angle of
the natural terrain.
(2)
Angular forms shall be discouraged. The graded form shall reflect the
natural rounded terrain.
(3)
The toes and tops of slopes shall be rounded with curves with radii
designed in proportion to the total height of the slopes where drainage and
stability permit such rounding.
(4)
Where cut or fill slopes exceed 300 feet in horizontal length, the
horizontal contours of the slope shall be curved in a continuous,
undulating fashion.
Cm
Prior to the issuance of grading permits, the developer shall provide evidence to
the Director of Building and Safety that all adjacent off-site manufactured slopes
have recorded slope easements and that slope maintenance responsibilities have
been assigned as approved by the Director of Building and Safety.
sks'r^m~,r~m~rr~.~c ~ 23
20.
21.
Prior to the issuance of a grading permit, the appliesnt 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 Consa'vation 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, ~rosion control landscaping shall be
provided consistent with Ordinance No. 457.75.
An overall concel3tual landscape plan Shall be submitted to the Planning
I>~0attment for approval prior to issuance of any gnding permits. This plan shall
highlight all the axeas which will be landscaped including from yards, slopes
within individual lots, common area slopes/open space, Soft course, street
parkways, etc. Conslxuction landscape plans for each pha.,¢ shall be submitted
for approval to the plannin~ Depaxtment prior to issuance of any building permits
for that phase. All common area landscaping for each phase shall be installed
prior to issuance of the final for any building in that phase.
Prior to the issuance of grading permits, a qualified paleontologist shall be retained by
the developer for consultation and comment on the proposed grading with respect to
potential paleontological impacts. Should the paleontologist find 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.
Prior to the issuance of BUT~ .RING PER_MYES the following conditions shall be satisfied:
No building permits shall be issued by the City for any residential lot/unit within
the project boundary until the developer's successor's-in-interest provides.
evidence of compliance with public 'facility financing measures. A cash sum of
one-hundred dollars ($100) per lot/unit shall be deposited with the City as
mitigation for public library development.
All building plans for all new structures shall incorporate, all required elements
from the subdivision's approved fire protection plan as appmved by the County
Fire Marshal.
All dwellings to be contacted within this subdivision shall be designed and
constructed with fn'e retardant (Class A) roofs as appmved by the Fire Marshal.
Roof-mounted mechanical equipment shall not be permitted within the
subdivision, however solar equipment or any other energy saving devices shall
be permitted with Plaming Department approval.
s~^r~.rr~a~rm.~c ~t* 24
l~uilding separation betwee~ all buildings including fireplaces shall not be less
than ten (10) feet.
22.
23.
24.
Prior W the iss~mnce of OCCUPANCY PBRM1TS the following conditions shall be
satisfied:
All landscaping and irrigation shah be installed in accordance with approved plans
prior to the iss-nnee of occupancy permits. If seasonal conditions do not permit
planting, interim landscaping and erosion control measures shall be utiliTPxl as
approved by the Planning ~ and the Director of Building and Safety.
All Inndscaping and irrigation shah be installed in accordance with appmved plans
and shall be verified by City field inspection.
Prior to the issuance of an occupancy permit, the applicant Shall enter into an
agreement with~ for the ~fuse service to include the
utiliT~tion of a small pick-up truck equipped with a lift mechanism in order to
move the containers out and back into the project; thus, prohibiting the entering
of large refuse trucks into the project. Said agreement shall be submitted to the
Planning Director for approval.
The subdivider shall defend, indemnify, and hold harmless the City of Temecuh, its
agents, officer, and employees from any chim, action, or proceeding against the City of
Temecuh or its agents, officer, or employees W ~ttn~ch, set aside, void, or annul an
approval of the City of Temecula, its advisory agencies, appeal boards or legishtive body
concerning Tentative Parcel Map No. 27314, Amendment No. 2, which action is brought
within the time period pwvided for in California Government Code Seaion 66499.37.
The City of Temecuh will pwmptly notify the subdivider of any such claim, action, or
proceeding against the City of Temecula and wffi cooperate fully in the defense. ff the
City fails to promptly notify the subdivider of any such chim, action, or proceeding or
fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible
to defend, indemnify, or hold harmless the City of Temecula.
The developer shah make a good faith effort to acquire the required off-site property
interests, and if he or she should fail to do so, the developer shall at least 120 days prior
to submittal of the fmai map for approval, enter into an aguemeat 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 shah
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 shah 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 stroll have been
approved by the City prior to commencement of the appraisal.
swrAmum:73~4rr~.~c ~v, 25
25.
All utility systems including gas, electric, telephone, water, sewer, and cable TV shall
be provided for underground, with easemems provided as required, and designed and
consu~cted in accordance with City Codes and the utility provider. Telephone, cable
T~, and/or security systems Shnll be pre-wired in the residences.
26. All utilities, except electrical lines rated 33kv or greater, shall be installed underground.
Covenants, Conditions and Restrictions/Reciprocal Access Easements:
27.
The Covenants, Conditions and Re, fictiOns (CC&R's) shall be reviewed and appwved
by the Planning Depfuhnent prior W final approval of the tract maps; The CC&R's shali
include liability insurance and methods of maintaining the open space, recreation areas,
parking areas, private roads, and exterior of all buildings.
28.
No lot or dwelling unit in the development shall be sold unless a corporation, association,
property owner's group, or shnilar 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 w meet the expenses of such entity, and with authority to control,
and the duty to maintain, all of said mutually avnilable futures 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 enforcemere by the City of Provisions required by the City as
Conditions of Approval. The developer shall submit evidenee of compliance with this
requirement to, and r~ceive approval of, the City prior to making any such sale. This
· condition shall not apply to land dedicated to the City for public purposes.
29.
Maintenance for all landscaped and open axeas, including parkways, shall be provided
for in the CC&R's.
30.
Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit
or lot, either (!) an undivided interest in the common axeas 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 rephced with specimen trees
as appwved by the Planning Di_reaor.
32.
Within forty-eight (48) hours of the approval of the pwject, the applicant/developer shall
deliver to the Planning Department a cashiers check or money order payable to the
County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars
($i ,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00)
fee, in compliance with All 3158, 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 fie
the Notice of Determination required Under Public Resources Code Section 21152 and
26
14 C. al. Code of Regulations 15075. If within such forty-eight (48) hour period the
applicant/dovolope~ has not delivered to the planning Depaxtmont the check required
ab?ve, the approval for the project granted herein shah be void by reason of failure of
condition, Fish and Game Code Section 711.4(c).
33.
The applicant shall consult the Army Corps of Engineers and the California Department
of Fish and Crdmc prior to designing the site plan for the project to mitigate the impacts
to the wetlands as identified in the Figure 2 of the Biological Report which includes the
unvcgetatcd alluvial wash and the Southern Willow Scrub. A proof of this consultation
shall be submitted to the planning Depa~hacnt along with the Plot Plan or Conditional
Use Permit appli~tions. These applications shall not be deemed complete without the
proof of consultation with both of these agencies.
34.
A full disclosure shall be made to all prospective residents, whether buyers or rentors,
that the existing Temecuh Valley High School football stadium, tennis courts and other
related facilities will be used ex~ensively for ball ~ames, practices, rock concerts and
community activities. These events occur during beth the daytime and evening hours and
wil/generate considerable noise and light. The Temecuh Valiey Unified School District
wil/not accept responsibility for the impact that these activities may have on the
neighboring complexes, nor wffi any of these conditions be subject to mitigation by the
district. The disclosure shall be made at the time of initiaJ marketing and through
individual grant deeds. The specific form of the disclosure shall be appwved by the
Planning Director and the City Attorney prior to issuance of building permits.
35.
The pwposed project will be impacted by the Temecuh Valley High School stadium
noise and light. The following shall be implemented prior W approval of any Plot Plans
or Conditional Use Permits:
A noise study shall be submitted. This study shali examine the impact of the
stadium on the proposed residences. Mitigation measures shall be included in the
study including but not limited to buffcling setbacks from the westerly property
line, wails, landscaping, building 'orientation and building design. -These
mitigation measures shaJ] reduce the maximum interior noise level to 45 Ldn and
the exterior noise level to 65 Ldn.
36.
B. Mitigation measures shall be incorporated into the project design including but not
limited to building setbacks fwm 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 gat~to the private roads in the multi-family senior complex, if pr6pesed,
shall be setback sufficicn~y to allow for stacking of .cars to avoid blocking the right-of-
way. This condition shall be complied with prior to approval of the Plot Plan.
37.
A pedestrian friendly circulation system shall be designed to separate the pedestrian and
auto circulations by linking parking lots, building and recreation areas together by accent
paving, cross walks, lighting, landscaping and signage.
27
38.
A $400.00 per dwelling unit fire mitigation fee shall be assessed prior to issuance of
bu. ilding pennits.
39.
The architecture and the landscaping of the project shall take into account the
surrounding single-family units and schools and effectively buffer them with landscaping
or create a pleasing facade to the neighboring properties especially the single-family
units.
40. The development of this project shall comply with Development Agreement No. 92:1.
PUBLIC WOI~Kg DEPARTMENT
The following axe the I~panment of Public Works Conditions of Approval for this project, and
shall be completed at no cost to any Government Agency. All questions regarding the true
meaning of the conditions shall be ref~Ired to the appropriate staff person of the Department of
Public Works.
It is understood that the Subdivider has correctly shown on the tentative map all existing and
proposed easements, traveled ways, improvement constraints and drainage courses, and their
omission may require the project to be resubmitted for further review and revision.
PRIOR TO RECORDATION OF TI-IE FINAL MAP:
41.
Pursuant to Seaion 66493 of the Subdivision Map Act, any subdivision which is pan of
an existing Assessment District must comply with the requirements of said section.
42.
As deemed necessary by the Department of Public Works, the developer shall receive
written clearance from the following agencies:
Rancho California Water District;
Eastern Municipal Water District;
Riverside County Flood Control district;
City of Temecula Fire Bureau;
Planning Department;
Department of Public Works;
Riverside County Health Depa~Unent;
CATV Franchise;
Parks and Recreation Department;
General Telephone;
Southern California Edison Company; and
Southem 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 ofters. All
dedications shall be free from all encumbrances as approved by the Department of Public
Works.
S~STA~314'FTi&IsC yew 28
46.
47.
48.
Pauba Road and Rancho Vista Road shall be impwved with a haft-width of 32 feet of
asphalt concrete pavement, or bonds for the street impwvemcnts may be posted, within
the dedicated fight-of-way in accordance with City Standard No.102, (88'/64').
In the event wad or off-site right-of-way a~ required to comply with these conditions,
such easements shall be obtained by the develope~, or, in the event the City is required
W condemn the ~men.t or riffht-of-way, as provided in the Subdivision Map Act, the
developer Shall enter inW an agreement with the City for the acquisition of such easement
at the developer's cost pursunnt W Government Code Section 66462.5, which shall be
at no' cost to the City.
Vehicular access shall be resUicted on Pauba Road and P~ncho Vista Road and so noted
on the final map with the exception of access points and street intersections as shown on
the tentative map and as approved by the Dep~l~uent of Public Works.
An easement for a joint use driveway between shall be provided between parcels 3 and
prior to approval of the Final Map or issuance of building permits, whichever occurs
fffst.
Easements, when required for roadway slopes, landscape easements, clminage facilities,
utilities, etc., shall be shown on the final map ff they are located within the land division
boundary. All offers of dedication and conveyances shall be submittexl and recorded as
dif~c~t~ by the Department of Public Works.
A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prt~pared by
the developer and submitted W the Director of Planning, City Ellgineer 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 subject to the following Engineering
conditions:
A. The CC&R's shall be pr~ared at the developer's sole cost and expense.
The CC&R's shall be in the form and content approval by the Director of
Planning, City Engineer and the City Attorney, and shall include such provisions
as are required by this appwval 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 appwval 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.
D$
The CC&R's shall provide for the effective establishment, operation,
management, use, repair and maintenance of all common areas, drainage and
related facilities.
S~ST^m~'r~ZS~4TT~.~C ,~ 29
The CC&R's sh~l_l provide that the property shall be cloveloped, operated and
mainminexi so as not to create a public nuL~nce.
The CC&R's nhall provide that ff the property is not maintained in the condition
required by the CC&R's, then the City, after making due demand and giving
reasonable notice, may enter the property and perform, at the owner's sole
expenso, ally malnt~"-nane, C required thel~On by the CC&R's or the City
ordinances. The propoily Shall be subject to a lien in favor of the City to secure
any such expense not promptly reimbursed. ·
1. All parkways, open axeas, onsite slopes and landscaping shall be
permanen~y maintained by the association or other means acceptable to
the City. Such proof of this maintenance shall be submitted to Planning
~ f'~knd the Depaxtment of Public Works prior to issuance of building permits.
2. Reciprocal access easements and maintenance agreements ensuring access
· t~ all parcels and joint maintenance of all roads, drives or parking areas
~be provided by CC&R's or by deeds and shall be recorded
concurrent with the map, or prior to the issuance of building permit where
no map is involved.
50.
The subdivider shall construct or post security and an agreement shall be executed
guaranteeing the construction of the following public impwvements in conformance with
applicable City standards.
Street improvements, including, but not limited to: pavement, curb and gutter,
sidewalks, drive approaches, street lights, signing, striping, and other traffic
control devices as appropriate.
B. Storm drain facilities.
C. Landscaping (street parkway and slope protection).
D. Sewer and domestic water systems.
E. Undergrounding of proposed utility distribution lines ff required.
51.
The street design and improvement concept of this project shall be coordinated with
adjoining developments.
52.
Street lights shall be provided along stree. ts adjoining the subject site in accordantic with
the requirements of Ordinance No. 461 and as approved by the Depaxtment of Public
Works.
53.
Prior to recordation of the final map, the developer shall deposit with the Department of
Public Works a cash sum as established, per lot, as mitigation towards traffic signal
impacts. Should the developer choose to defer the time of payment of traffic signal
sxsTA~spsrrM.pc vp~ 30
mitigation fee, he may enter into a written agreement with the City dcfcrring said
payment to the time of issuance of a buildlnE pero3it.
54.
Ali sl,eet and driveway centerline intersections shall be at 90 degrees or as approved by
the Department of Public Works.
55.
Improvement plans shall be based upon a centerline profile extending a minimum of 300
feet beyond the project boundaries at a grade and alignment as approvcd by the
D~partment of Public Wofa.
56. A minimum centerline sh-eet grade shall be 0.50 percent.
57.
A]] driveways Shall conform to the applicable City of Tcmecula standards and shall be
shown on the sight improvement plans in accordance with City Standard 207A and 401
(curb sidewalk),
58.
The subdivider shall submit two (2) prints of a comprehensive grading plan to the
Department of Public Works either prior to recordation of the 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 drown on 24" x 36" mylar by a Registered Civil Engineer.
59.
A geological report shall be prepared by a qualified engineer or geologist and submitted
as directed by the Department of Public Works at the time of application for grading plan
check.
60.
The subdivider shall submit two (2) copies of a soils mpon to the Department of Public
Works at the time of application for grading plan cheek. The x~port shall address the
soils stability and geological conditions of the site.
61.
A dntinage 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.
62.
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."
63.
Adequate provisions shall be made for acceptance and disposal of surface drainage
entering the property from adjacent areas.
The subdivider shall protect downsha properdes from damages caused by alteration
of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be
provided by constructing adequate drainage facilities, including enlarging existing
facLlities or by securing a drainage easement.
The developer shall record an Enviromnental Constraint Sheet delineating the area within
the tOO-year floodplain.
sx,rrAnyamzna4Tn4.yc ~p 31
66.
Prior to final map, th~ subdivider shall notify the City's CATV Franchises of the Intent
to Develop. Conduit shall be installed to CATV Standards at time of street
improvements.
PRIOR TO ISSUANCE OF GRADING PERMITS:
67.
Prior to issuanc~ of a grading permit, d~veloper must comply with the nxluirements of
the National. Pollutant ~ Elimination System (NPDES) permit from the State
Water Re. sources Control Board. No grading shall be permitted until a NPDES clearance
· is granWd 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
cncroaclunent permit shall be obtained from the Department of Public Works.
69.
A grading perulit shall be obtained from the Department 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 Department of Public works.
71.
If grading is to take place between the months of October and April inclusive, erosion
control and ranoff mitigation plans will be required. All plans shall be submitted with
appropriate notes as directed and approved by the Department of Public Works.
72.
Prior to any grading permits being issued a flood mitigation charge shall be paid. The
charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of
new development. The charge is payable to the Flood Control District and proof of
payment must be submitted to the City prior to issuance of permits. If the full Area
Drainage Plan fee or mitigation charge has already credited to this property, no new
charge needs to be paid.
73.
A permit from the County Flood Control District is reqfiired for work within their right-
of-way.
PRIOR TO BITfinING 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 conformante with the approved rough grading plan.
sxsT^mum.-Ts,,rm.,,c ,.~ 32
76.
Developer sh911 pay any capital fee for wad improvements and public facilities impused
upon the property or project, including that for traffw and public facility mitigation as
re~l. uired under the EIR/Negative Declaration for the project. The fee'to be paid shall
be in the mount in effect at the time of payment of the fee. If an interim or fmai public
facility mitigation fee or district hn~ not been finally established by the date on which
developer requests its building permits forthe pwject or any phase thereof, the developer
~hnll execute the Agreement for payment of Public Facility fee, a copy of which has been
provided to developer. Conattrently, with executing thi~ Agreement, developer sh~ll
poSt security W secure payment of the Public Facility fee. The mount of the security ·
shail be $2.00 per square foot, not to exceed $10,000. Developer understands that said
Agreement may require the payment of fees in excess of those now estimated (assuming
benefit to the projea in the nmount of such fees). By execution of thi.~ 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
coliection of any traffic mitigation or.traffic impact fee for thi~ project; pwvided that
developer is not waiving its fight to protest the reasonableness of any traffic impact fee,
and the mount thereof.
PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY:
77.
Construct full street impwvoments including but not limited W, curb and gutter, A.C.
pavement, sidewalk, drive approaches, parkway trees and sh~t lights on all interior
public streets.
78.
Existing city roads requiring construction shall remain open to waffle at all times with
adequate detours during construction. Traffic control plans shah be pwvided as directed
by the Department of Public Works, and may be required to be prepared by a registered
Civil Engineer.
Tmnsportadon Engineering
PRIOR TO RECORDATION OF THE FINAL MAP:
79.
A signing and striping plan shall be designed by a registered Civil Engineer and approved
by the Department of Public Works for Pauba Road and Rancho Vista Road and Shall be
included in the street improvement plans.
80.
Prior to designing any of the above plans, contaa Transportation Engineering for the
design requirements.
81.
Bus bays will be provided at all existing and future bus stops as determined' by the
Department of Public Works.
SLSTAFFRP"I'~7~]4'r"~J~.pC vgw 33
PRIOR TO THE ISSUANCE OF ANY ENCROACHMIINT PERMITS:
82.
A.construction area traffic control plan shall be designed by a registered Civil Engineer
and appmved by the City Enffineer for any stre~ closure and detour or other disruption
to traffic circuladon as required by the Department of Public Works.
PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS:
83. All signing and shiping shall be installed per the appr0ved signing and SLriping plan.
84.
I~ndscaping shall be limited in the comer cut-off area of all intersections and adjacent
to driveways to provide for minimum sight distance.
S~TA~I4TIM-imC vlw 34
(714) ~58-7808
July 1, lc~c72
CITY OF TEMECULA
45174 Business Park Drive.
Temecula, CA 92590
ATTN: Saied Naaseh:
RE: TENTATIVE TRACT MAP NO. 27514: BEING A PORTION OF THE
RANCHO TEMECULA, AS BRANTED BY U.S. GOVERNMENT TO LUIS
VISNES BY PATENT DATED 1-18-1960, AS SHOWN BY LIBER 1, PAGE
57, RECORDS OF SAN DIEGO COUNTY, AN PARCELS 1,2,&3 OF
PARCEL; NAP B3/97-100 RECORDS OF RIVERSIDE COUNTY, LOCATED
IN THE CITY OF TEMECULA, CALIFORNIA,
(4 LOTS)
Dear Gentlemen:
The Department of Environmental Health has revieHed
Tentative Tract Map No. 27514 and recommends:
A Hater system shall be installed according to plans and
specifications as approved by the water company and the
· Health Department. Permanent prints of the plans of the
water system shall be submitted in triplicate, with a
minimum scale not less than one inch equals 200 feet, along
with the original drawing to the County Surveyor. The
prints shall show the internal pipe diameter, location of
valves and fire hydrants; pipe and joint specifications, and-
the si=eof the main at the junction of the new system to
the existing system. The plans shall comply in all respects
with Div. 5, Part I, Chapter 7 of the California Health and
Safety Code, California Administrative Code, Title 11,
Chapter 16, and General Order No. 105 of the Public
Utilities Commission of the State of California, when
applicable. The plans shall be signed by a registered
engineer and water company with the following certification:
"I certify that the design of the water system in Tract Map
27514 is in accordance with the eater system expansion plans
of the Rancho California Water District and that the water
services, storage, and distribution system will be adequate
to provide water service to such Tract Map."
City of Temecula
F'age Two
Attn: Soled Naaseh
Quly 1, 1992
This certification does not constitute a guarantee that it
will supply water to such Tract Map at any specific
quantities, flows or pressures for fire protection or any
other purpose". This certification shall be signed by a
responsible official of the water company. The plans must
be submitted to The County Surveyor's Office to review at
least two weeks prior to the request for the recordorion of
the final maO.
This subdivision has a statement from Rancho California
Water District agreeing to serve domestic water to each and
every lot in the subdivision on demand providing
satisfactory financial arrangements are completed with the
subdivider. It will be necessary for financial arrangements
to be made prior to the recordation of the final map.
This subdivision is within the Eastern Municipal Water
District and shall be connected to the sewers of the
District. The sewer system shall be installed according to
plans and specifications as approved by the District, the
County Surveyor and the Health Department. 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 e>:istingsystem. A single.plat
indicating location of sewer lines and water lines shall be
a portion of the sewage plans and profiles.
The ~lans 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 e>:pansion 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
A~tn: Saied Naaseh
J~ly 1, 1992
The plans mustbe submitted to the County Surveyor's Office
to review at lea~t two weeks,~rior to the re0uest ~or 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,
~xm/~.H.S. IV
Department of Environmental
Health
SM:dr
RrVERSlDE COUNTY
FIRE DEPARTMENT
210 WEST SAN JACINID AVENUE · PERIlIS, CALIFORNIA 92Ii)
C714) 6~7-3183
GLEN J. NEWMAN
FIRE CHIEF
MAY 4,.le92
TO; CITY OF TEMECULA
ATTEN: PLANNING DEPARTMENT
RE: TENTATIVE TRACT 27514
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
Michael E. GraY~
Fire Captain Specialist
PLANNING DMSION
3760 12th Sm~ Rim~ae, CA 92501
(714) 275-4777 · FAX (714) 369-7451
FITEMF:CULAO!:FICE
41002 C_,~, C_~_ ~ S~k 22~, Temenah, CA 92390
(714) 694-5070 · FAX (714) 694-5076
Riverside County Health Department
c/o Albert A. Nebb Associates
3788 NcCray Street
Riverside, CA 92506
Gentlemen;
Irediet D. $~mm.
March 12, 1992 '.-.,~ ~ 3 1992
(Date)
Re: Availability of Sanitary Sewer Service for
Tentative Parcel Map 27314
We hereby advise you relattve to the availability of sanitary Sewer Servtce
for the above referenced proposed development as follows:
The property to be occupied by the subject proposed development:
IS PRESENTLY LOCATED within the boundary ltnes of this Olstrict's
Improvement DIstrict No. U-8 and is eligible to receive sanitary
sewer service,
MUST BE ANNEXED to this Oistrtct's Improvement D~strtct No.
following whtch it will be eligible to receive sanitary se~er
service,
/"7
provided:
1)
RUNT BE INCLUDED in a new District improvement district, assess-
ment distrtct or other program to be formed end Implemented for
the purpose of providing santtary sewer facilities and service
for the general area within which this proposed development is
located, following which it will be eligible to receive sanitary
sewer service,
The developer completes all necessary financiel and other
arrangements therefore, as determined by the District, with the
District by Seotember 1993 ;
2) That no LIMITING CONDITIONS exist which ARE BEYOND this DISTRICT'S
CONTROL or CANNOT BE COST EFFECTIVELY and/or reasonably satisfied
~'~"F~'Olstrtct, which conditions may include but are not limited
to, acts of God, REGULATORY AGENCY REQUIREMENTS or decisions,
or legal actions initiated by ot~ers;
If you have any questions or contnents regarding the foregoing, do not hesitate
to contact this office.
Assistant Director of Customer Service
Mail %: Pllsr Office R,x B~OO , £un Jadnm. Callforniu ~)2)R[-H~OD · Telephone ~714~ 92~.7676 , F~ ~71.h 929~25T
M:dn C)ffk~: 20. i5 ~. ~n.j~intc} Sty. ~nJacinn} . (~t.~r ~-n'k~,Engi~in~ An~x: ~ E ~k~nd A~n~. Hc~t. C~
FOR DISTRICT USE O~L ) ....
1.
Names and Addresses of Involved Parties:
involvement Name
Owner of Property Linfteld School
Address
31950 Peube Road
TemecVla, CA 92590
Developer
Developer's Engineer
Albert A, ~bb Assoc.
3789 McCray StPegt
RIverside. CA ~05
General Location of the involved property:
North side of Paube Road. We~t of ~,~eP P~P~WMy
Brief legal description of the involved property:
Tentative ParqJl MaD 27314
4. Number of proposed lots/parcels 4 Parcels
5. Es=~mated number of d~elling units (or equivalent)
6. O~ner pertinent ~nformation
Zoned Senior Ctttzen. Convalescent
7. Small scale map of the subject proposed development
Area 96.7 [in acres)
hncho -
Water
May 7, 1992
Mr, Saie, d Naam~h
City of Tcmccula
Planning Depa~ tuient
43180Business Park Drive
Tcmccula, CA 92390
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 CRCWD). 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, ff any, to RCWD.
If you have any questions, please contact Ms. Senga Doherty.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
Steve Brannon, P. E.
Manager of Development Engineering
SB:aj162/F156
co: Senga Doherty, Engineering Technician
|992
ff7'A
RIVERSIDE TRANSIT AGENCY
1825 THIRD STREET, RIVERSIE, CA 92,507-3484, BUS. [714) 684.0850 FAX [714J 684-1007
March 2, 1992
Saled Naaseh
City of Ternecula
Planning Department
43174 Business Park Drive
Temecula, CA 92590
RE: 'I'1' 27314
Dear Saied:
We do not currently provide service to the site mentioned above but based on the size of the
project and our own plans for Mum growth, we are requesting that a bus turnout or a pad for a bus
mop be incorporated into the general design.
Ideal site forthe bus turnout would be on nodhside comer of Pauba Road adjacent to Pamel 3 just
before main emrance to the senior citizen housing.
If possible, we would also like to request that padestdan 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 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 donI hesitate to COntact me.
Sincerely,
Barbara A. Bray
Transit Planner
BB/jsc
PDEV #151
TO:
FROM:
DATE:
REFERENCE:
SlcIAWN NELSON ~
DIRECTOR OF COMMUNITY SERVICES
AUGUST 12, 1992
TENTATIVE TRACT NO. 27:314, AMENDMENT NO.2
The Temecula Community. Services District (TCgD) staff has reviewed the conditions as
set forth in the City of Temecula Conditions of Approval and recommends APPROVAL
of Tentative Tract Map No. 27314, Amendment No. 2, subject to the d~veloper or his
assignee conforming to the TCSD Quimby Ordinance No.' 460.93 as attached.
All questions regarding the meaning of ~e attached conditions shall be referred to the
TCSD.
cc: Gary King
Beryl Yasinosky
Debbie Ubnoske
TElVlECULA COMMUNITY SERVICES DISTRICT
Prior to the recorda~on of the final map, the applicant or his assignee, shall offer for dedication
2.3 acres of parkland and execute a Letter of Agreement with the TCSD, to conswuct a Senior
Center Facility and required parking in accordance with City Standards and the Development
Agreement.
All proposed slopes, open space, and parkland intended for dedication to the TCSD for
maintenance purposes shall be identified on the final map by numbered lots and indexed to
identify said lot numbers as a proposed TCSD maintenance areas.
Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66'
or greater), shall be offered for dedication to the TCSD for maintenance purposes 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. 4
E.X"HmITS
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
Exmnrr: A VICINITY MAP
' P.C. DATE: August 3, 1992
C
SIT
SWAP - Exhibit B
CITY OF TElVIECULA
DU/.~.C'
Designation: 1 Acre lVfinimum 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
EX/qlRIT: D CONCEPTUAl- SITE PLAN
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
EXmBIT: E TENTATIVE PARCEL MAP NO. 27314, AMEND. NO. 2
P.C. DATE: August 3, 1992
S~TAFFRIrI'~?]I4TrM.pC
CITY OF TEMECULA
GENERAL NOTES
~:~-..--.
~.~ .......~;-L.
CASE NO.: Development Agreement No. 92-1, Chgn~oe Of Zone No. 21, Tentative Parcel Map
No. 27314, Amendment No. 2
EXHIBIT: F CHANGE OF ZONE NO. 21
P.C. DATE: August 3, 1992
.CITY OF TEMECULA
Independant Living Units
Linfield Village
CASE NO.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map
No. 27314, Amendment No. 2
EXHmlT: G1 CONCEPTUAL ELEVATIONS
'P.C. DATE: August 3, 1992
CITY OF TEIVIECULA
Congragate Care Facilities
Linfield Village
CASE NO.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map
No. 27314, Amendment No. 2
EXHmlT: G2 CONCEPTUAl, ELEVATIONS
P.C. DATE: August 3, 1~)2
CITY OF TEMECULA
Independant Living Units
Linfield Village
CASE NO.: Development Agreement No. 97.-1, Chenge of Zone No. 21, Tentative Parcel Map
No. 27314, Amendment No. 2
EXtHRIT: G3 CONCEPTUAl, ELEVATIONS j~
P.C. DATE: August 3, 1~)2
A'.l-x'A~ NO. S
INITIAl, ]~N'¥II{OI',,~%,ftlNTAJ., STUI)Y
s~A~u~r~rrM.~ ~ 36
CITY OF TEMECULA
PLANNING DEPARTMENT
I~X'X'L&L ENVIRONMENTAL b-rtJl)Y
H
BACKGROUND
Name of Proponent:
Address and Phone
Number of Proponent:
I jnfield Owis~s.n School
31950' Panba Road
Temecula. CA 92592
3. Date of Environmental
Assessment:
4. Agency Requiring
Assessment:
June 20. 1992
CITY OF TElVm, CULA
5. Name of Proposal,
if applicable:
6. Location of Proposal:
N/A
Surrounded by Pauba Road to the south and Rancho
Vista Road to the north and 700 feet east of Mar-arita
Road
ENVIRONMENTAL IMPACTS
(Explanations of all answers are provided on attached sheets.)
Y~ Maybe No
1. Earth. Will the proposal result in:
Unstable earth conditions or in
changes in geologic substructures?
Disruptions, displacements, compac-
tion or overcovering of the soil?
X
Substantial change in topography
or ground surface relief features?
The destruction, covering or modi-
fication of any unique geologic or
physical features?
X
SXS'rAFFR~T~73~4T'n4.~C ~V, 37
Any substantial increase in wind or
water erosion of soils, either on
or off site?
f.
Changes in deposition or erosion
of beach ssnds, 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 h~7~rds such as earth
quakes, landslides, mudslides,
~ronnd failure, or slmil~r hazards?
Air. Will the proposal result in:
Substantial air emissions or
deterioration of ambient air
quality?
b. The creation of objectionable
odors?
Alteration of air movement,
moisture, or temperature, or any
change in climate, whether locally
or regionally?
Water. Will the proposal result in:
Substantial changes in currents, or
the course or direaion of water
movements, in either marine or
flesh waters?
Substantial changes in absorption
rates, drainage panems, or the
rate and mount of surface r~nofi?
Alterations to the course or flow
of flood waters?
Change in the amount of surface
water in any water body?
Yes Maybe No
_ _ X
_ _ X
X
X
X
s~r,u~nrck,73~,rru.~c ,~ 38
Discharge into surface waters, or
in any alteration of surface water
quality, including, but not limited
to, temperature, dissolved oxyge~
or turbidity?
Alteration of the direction or rate
of flow of ground w~s?
Change in the quantity of ground
waw. rs, either through direct addi-
tions or wi~drawals, or through
interception of an aquifer by cuts
or excavations?
Substantial reduction in the mount
of water otherwise available for
public water supplies?
Exposure of people or property to
water related hazards such as flood-
ing or tidal waves?
Plant Life. Will the proposal result th:
Change in the diversity of species,
or number of any native species of
plants (including treea, 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 W the
normal replenishment of existing
species?
Substantial reduction in acreage
of any agricultural crop?
Y~ Maybe No
__ __ X
X
X
X
X
X
X
3x'$TA~I4~I.PC ~t 39
lO.
Anlm,l Life. Will the proposal result
in:
(:bango in the divenity of species,
or numbers of any species of animals
(birds, land animals including rep-
fi]e~, fi.~h and she]Irish, be~ic
organisms or insects)?
Reduction of the nnmbers of any
unique, rare or e~dau~ered 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, off, pesticides,
chemicals or radiation) in the event
of an accident or upset conditions?
Yes Maybe No
X
X
X
11.
12.
13.
14.
bs
Possible interference with an emerg-
ency response plan or an emergency
evacu~on plan?
Population. Will the proposal alttr
the location, distribution, density, or
growth rate of the human populV. ion of
an area?
Homing. Will the proposal affect
existing housing or create a demand for
additional housing?.
Transportation/Circulation. Will the
proposal result in:
Generalion 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 panems 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
nell for new or altered governmental
services in any of the following areas:
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks or other recreational
facilities?
Yes Maybe No
X
X
X
_ _ X
sxs'r~v~rsm"m.~ ,,v 41
15.
16.
17.
18.
Maintenance of public facilities,
including wads?
f. Other governmental services:
Ener~. Will the'piuponl result in:
Use of substantial amounts of fuel
· or energy?
Substantial increase in demand
upon existing sources of energy,
or require the development of new
sources of energy?..
Utililies. Will the proposal result in
a need for new systems, or submauGal
alterations to the following utilities:
a. Power or natural gas?
b. Comm~licatiolB systems?
c. Water?
d. Sewer or septic mnkn?
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
menta] health)?
Exposure of people to potential
health hazards?
Aesthetics. Will the proposal result
in the obsn'uction of any scenic vista
or view open to the public, or will the
proposal result in the creation of an
aesthetically offensive site open to
public view?
Yes Maybe No
-- _ X
X
_ X
19.
20.
21.
Recreation. Will the proposal result in
an impact upon the quality or quantity
of existing recreational opportunities?
Will.the pwposal result in the
alteration of or the destruction
of a prehisWric or hisWric
archaeological site?
Will the proposal result in adverse
physical or aes~etic effec~ to a
prehistoric or hisWric 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?
M~ndatory 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 plaut 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.)
Y~ Maybe No
X
X
X
sxs'r^mh~c~3~4~,4.~c ,.~ 43
Does the project have impacts which
are individually limited, but cumu-
latively considerable? (A project's
impact on two or more separaze
resources m~y be relatively sm~!l,
but where the effect of the total of
those impacts on the enviromnent
is significant.)
Does the project have environmental
effects which will cause substen-
tial adverse effects on hnmsn beings,
either directly or indirectly?
Y~ Maybe No
X
S~TAFi~U'r~F3S4TTM.I,C vgw 44
HI DL.~CU.~"ION OF ~ ENVIRONMENTAL EVALUATION
1.b.
1 .c.d.
I.e.
1.f.
1.g.
Ai__.~r
2.a.
2.b.
No. The proposed project is not anticipated to cause changes in geologic substructures
and crp~t~ unstable earth conditions. 'Since this approval does not provide entiilements
for structures, no mitigation measures are necemRy at this pOint. However, the Public
Work Dep~tl.,,~nt is respOnsible for implementation of n~t~sa~t mitigation measures
prior to issuance of grading permits to insure stable earth conditions for the project.
Yes. The approval of this project will not cause disruptions, displacements, compaction
or overcovering of the soil. The UltlmAta 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 bufidout of the project may result in wind and water erosion of
soils as a result of grading. However, standard mitigation measures during the grading
stage including watering the disturbed areas to prevent dust and proper erosion control
during and after the grading will reduce the impacts to a level of insignificance.
No. The site drainage for this project will be channeled through existing improvements
and the runoff from this project is not anticipated to cause any offsite erosion. No
significant impacts are anticipated.
No. The project site is not located in an earthquake, landslide, mudslide, ground failure
hazard zones as determined in the Southwest Area Plan (SWAP). No significant impacts
are anticipated.
No. The construction equipment associated with the construction of the project and the'
traffic generated by the ultimate residents and user's of the project are the major
contributors to air emissions. However, these impacts are not considered significant
since the construction is for a limited time only and the traffic generated from a senior
housing project is not significant.
No. Objectionable odors are usually associated with commercial and industrial uses.
Since this project is exclusively residential in nature there are no significant impacts.
2.c~
Water
3.b.
3.c.
3.d.
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 ere anticipated.
No. The u~rlmn~ 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 uncle~ existing conditions would be reduced and the mount of surface
runoff would be increased. The existing 120 inch storm drain is sufficient to carry this
runoff; therefore, no significant impacts ere 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 ere 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 drainage panems because of the size and
location of the project. No significant impacts are anticipated.
No. Stormwater runoff and possibly irrigation ranoff from the proposed project would
ultimately flow into the Santa Margarita River. Runoff pollutants will be typical of those
of urbaniTed 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 Murriete 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 Found
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 projea 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%STAFFRP'Bl'7314TTM,PC vp 46
Plant Life
4.a.c.
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 dete~'mlned existence of
Non-U.5. wam's weftand on the site. The projea is condifioned for preserving this
weftand by requiring a fifty (50) foot easement on each side of the weftands thereby
preserving the wet~a~ which will be incorpont__~_ into the design of the golf come.
The project in general will introduce new species of plants and will eliminate the native
plants present at. this time. However, none of the existing species are considered
sensitive. No significant impacts are enticip~3__~_.
No. The proposed project will not reduce the noraben 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 ultimst~.. development of the site may eliminate some of the native animals
on the site however, soma may survive in an urban environment. The only additions w
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 consn:uction of the project and the
long term impacts will mos~y result from the traffic generated by this projea. Due to
the size and location of this project these impacts are not considered significant.
Maybe. The proposed projea abuts an existing high school stadium. The noise
generated from this stadium is expected to impact at least a portion of the senior housing
projea. Sinca 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
projea. The mitigation measures may include building orientation, design futures,
landscaping, etc. No significant impam are anticipated.
S~STA~I4TT~I.PC ~ 47
Light and Glare
No. The project will not result in a significant increase in the light and glare of the area.
Furthermore, the project will be conditioned to comply with 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
plau stage and include building orientetion, 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 designntion 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 projea would increase the rate of consumption of
both renewable and nonrenewable natural resources during construaion and project
operation. Natural resources consumed during construction would be aggregate
materials, timber, and energy resources for on-site consWuction 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 Uvset
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 tanks of the residents' and the visitors' cars and the pesticides used for
maintenance of the landscaping are not expected to create significant impacts.
lO.b.
No. The proposed projea will be reviewed by the Fire Depaxhuent at the Plot Plan
stage; therefore, all response time end emergency vehicle tumarounds will be e:rnmined
at that stage. No significant impacts are anticipated.
S~$TAFFR~'P27314TFM,PC' vgw 48
Ponulation
ll.a.
No, The ultlrnar~. build out of the projea 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, relocafion of Temecnia residents in the area or a combination of the two.
This impact is not expected to be significant.
Housin~
12.
Yes. This projea will have a positive impaa on the housing in the region since it will
provide additional housing for senior citizens. No negative significant impact is
anticipated.
Transnorta~on/Circula~on
13.a.c.
Maybe. The project will generate approxima~ly 1,610 daily vehicle trips, 130 of which
are expected to occur during the evening peak hour. According W the traffic study, the
major intersections impacted by this project will opera~ at Level of Service C or beWer.
No significant impacts are anticipated since mitigation measures have been incorporated
into the projea. These mitigation measures include imprnving Pauba Road end Rancho
Vista Road bordering the projea to their ultimate half-section widths as secondary
highways (88 feet right-of-way) in conjunction with development. A painted medien with
left tun pockets will- be provided for traffic on R~neho Vista Road end on Pauba Road
desfling to turn left inw the projea enntrences. 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 demend 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 significent impacts are enticipated.
13.d.
No. The development of this projea will not cause eny alterations to present paRems of
cffculation or movement of people end/or goods since the major roads are already
established in the vicinity of the projea. Therefore, no significent impacts are
anticipated.
13.e.
No. This projea will not cause alterations to waterborne, rail or air traffic due to the
nature of the projea, its geographic location, end local transportation system. Therefore,
no significant impacts are anticipated.
13.f.
Maybe. Project-related traffic could create new traffic hazards to motor vehicles,
bicyclists, end 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 end
Rancho Vista Road. Internal. circulation patterns could also result in potential hazards
to pedestrians.
S~iTA~314TrM.PC vgw
49
The following measUr~ need to be incorporated into the project design to reduce the
impacts of the project to an insi~ul~cant level:
Public Services
14.a.
14.b.
14.c.
14.d.
14.e.
The gate for the pwposed senior housing should be setback from the Right-of-
Way to allow for pwper stacking of cars behind the gate.
Vehicular and pedestrian entries to the projea 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 inW the project design
providing adequate pedestrian circulation. Accent paving, crosswalks,
landscaped walkways and adequate lighting should be used w identify and
enhance pedestrian walks.
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 Fire Service. The Fire Deparunent will review the Plot
Plan for this project to insure adequate service. No significant impacts are anticipated.
No. The City of Temecula is contncting through the Riverside County Sheriffs
Deponent 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 w the Sheriffs Depamnent this
response time is well within industry standards for adequate service levels. The City
intends to maintain a ratio of I 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 projea. No significant impacts are
anticipated.
No. The proposed project will include a private golf course and other active amenities.
A senior cente~ might also be a part of this project which will create new activities for
the residents. No significant impacts are anticipated.
No, The project w~l cause increased traffic on city streets; however, this is not
considered a significant impact (refer w No. 13).
Maybe. The future project residents will be using governm~ntel 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 anticipat_ey!.
Energ~
15.a.b.
No. The implementation of the proposed project would increase the ra~ of conanmption
of fuel and othe~ .energy resources. During construction, conswuction equipment would
be COusuming 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 imp. ~tS are anticipated.
Utilities
16.a.b.c.
d.e.f.
No. All the utilities and services 'are within close proximity to the pwjea 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 projea site is not such that they
would create potential health h~7~rds. No significant impacts are anticipated.
Aesthetics
18.
Maybe. The project will go through further review in terms of architecture and
landscaping when a Plot Plan application is filed. All aesthetics issues will be dealt with
at that stage. At that time close attention shall be given w the impacts, if any, w 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 wHI not cause significant negative
impacts.
Cultural Resources
20.a.b.c.d.
No. The proposed projea will not have a significant impact on prehistoric or hiswfic
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.
S~rAFFRPTL'nI4~rM.PC ~
ENVH~ONMENTAL DEa'~r~fiNATION
On the bas~s of this initial avaluation:
I find that the proposed project COULD NOT have a signi~csnt
effect on the environment, and a NEGATIVE DECLARATION will be
prepared.
I find that although the proposed project could have a signi- .
ficant effect on the environment, thei, e will not be a Signi-
ticant effea 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.
X
June 25. 1992
Date
I find the proposed project MAY have a significant effect on
the environment, and an ENVIRONMENTAL IMPACT REPORT is
required.
For CITY OF TEMECULA
sxs'r^~.m'~s,4rrk4.~c ,s- 52
ATTACH1VIENT NO. 6
DEVRIO PIVIENF AGI~vJ~'IENT
RECORDED AT THE REQUEST OF
City Clerk
City of Temecula
WHEN ~ECORDED RETURN TO
City Clerk
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
RECEIVED
J U L 3 0 1992
A, is'd ............
DEVELOPMENT AGRE]~KENT
BETWEEN
CITY OF TENECULA
and
THE LINFIELD SCHOOL
KNNEXATION ledTD DEVELOPMEI~ ),GREEHENT
BETWEEN
CITY OF TF/ECUL),
and
THE LINFIELD SCHOOL
This Development ("Agreement") is entered into to be
effective on the date it is recorded with the Riverside County
Recorder.(the "Effective Date"). by and-among the City Of
Temecula, a California municipal corporation ("City") and the
persons and entities listed below ("Owner"):
THE LINFIELD SCHOOL
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 interestin real property
located within ~he 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 0f/7/92) '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 Agreementl
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 C~ty
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)
(2)
The City is proceeding in a timely fashion
with the preparation of its general plans
There is a reasonable probability that the
Project will be consistent with the general
plan proposal presently being considered.
· 4 .s Grr;/9~) - 2 -
(3)
There is little or no probability of
substantial detriment to or interference with
the future adopted general plan if the
Project is ultimately inconsistent with the
plan.
(4) The Project complies with all other
applicable requirements of state law and
local ordinances.
K. Owner is the fee owner of a ninety-six and nine-
tenths (96.9) acre parcel of undeveloped land located South of
Rancho Vista Road, east of Temecula Valley High School and north
of Pauba Road, hereinafter referred to as the "Property" as
described in Exhibit "A" attached hereto and made a part herein
by this reference. This Agreement applies to the development of
a forty-eight and three-tenths (48.3) acre portion of the
Property, comprised of Lots 1-4 of Tentative Parcel Map No.
27314.
L. City and Owner desire that the Property be
developed as a Senior Citizen Housing Development as further
described herein.
M. The City Council of City hereby finds and
determines that:
(1) The environmental impacts of this Agreement
have been reviewed and all measures deemed feasible to
mitigate adverse impacts thereof have been incorporated into
the.City approvals for the Project.
(2) No other mitigation measures for
environmental impacts created by the Project, as presently
approved shall be required for development of the Project
unless mandated by law.
(3) City may, pursuant to and in accordance with
its rules, regulations, and ordinances, conduct an
environmental review of subsequent discretionary
entitlements for the development of the Property or any
changes, amendments, or modifications to the Property. The
14874.5 (7r27/9~) --3 --
City, as a result of such review, may impose additional
measures (or conditions) to mitigate as permitted by law the
adverse environmental impacts of such development
entitlement which were not considered or mitigated at the
time of approval of the Project.
N. Within. forty-eight (4S) 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(i,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.
15 0m/92) -4 -
(C) "Development Approvals" means all those
discretionary land use entitlements necessary to develop the
Proper~y, 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, professiDns,
Taxes and assessments;
The control and abatement of nuisances;
14874,5 Of Z7fg~) '5'
(4) The granting of encroachment permits and
the conveyance of rights and interests which provide for the
use of or the entry upon public property;
(5) The exercise of the power of eminent
domain.
(h) "Senior Citizen Housing Development" means a
multi-family development intended for persons 55 years of age or
older, as further defined at California CiVil Code Section 51.3.
(i) "Subsequent Development Approvals" means all
Development Approvals required subsequent to the Effective Date
in connection with development of the Property.
(j) "Project" is the development of the Property
with the following specific uses: (i) multifamily senior housing
complex; (ii) congregate care facility; (iii) skilled nursing
facility; (iv) personal care facility, and (v) Seniors! Community
Center; and (vi) a nine (9) hole private golf course.
(k) "Owner" means the person having a legal
interest in the Property;
(1) "Subsequent Land Use Regulation" means any
Land Use Regulation adopted and effective after the Effective
Date of this Agreement.
(m) "Property" is the real property referred to
in Exhibit "A".
2. Interest of Owner. Owner represents that he has a
legal interest in the Property and that all other pereons ho.lding
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:
· 4.5 G~7/92) ~ -6-
Exhibit
Des iunation
Referred to
inPara~raDh
DesCriPtion
-A Legal Description of the K
Property
B Existing DevelOpment l(f), 15.2
Approvals
C Development Schedule 9, 10
D Public Facility Fee 14.2
Agreement
E Fee Credit 14.3
F Deed Restriction 10
G Development Plan 9
4. Term.
(a) The term of this Agreement shall commence on
the Effective Date and shall extend for a period of fifteen (15)
years thereafter, unless this Agreement is terminated, modified
or extended by circumstances set forth in this Agreement or by
mutual consent of the parties hereto.
(b) Should the Owner: (i) fail to obtain all
Subsequent Development Approvals to develop and complete the
Project, or (ii) breach the Development Schedule, Owner agrees to
City amending the land use designation to Low Medium Density
Residential or Institutional, and amending the zoning to Single
Family Residential (R-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:
(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. Assiunment.
5.1 Riuht to Assiun. The Owner shall have the
right to sell, transfer, or assign the Property in whole or in
part (provided that no such partial transfer shall violate the
Subdivision Map Act, Government Code Section 66410, et seq., or
Riverside County Ordinance No. 460, as the same was incorporated
by reference into the Temecula Municipal Code by Ordinance No.
90-04) to any person, partnership, joint venture, firm, or
corporation at any time during the term of this Agreement;
provided, however, that any such sale, transfer, or assignment
shall include the assignment and assumption of the rights,
duties, and obligations arising under or from this Agreement and
be made in strict compliance with the following conditions
precedent:
(a) No sale, transfer, or assignment of any
right or interest under this Agreement shall be made unless
made together with the sale, transfer, or assignment of all
or a part of the Property.
(b) Concurrent with any such sale, transfer
or assignment, or within fifteen (15) business days
thereafter, the Owner shall notify City, in writing, of such
sale, transfer, or assignment and shall provide City with an
executed agreement, in a form acceptable to the City
Attorney, by the purchaser, transferee, or assignee and
providing therein that the purchaser, transferee, or
assignee expressly and unconditionally assumes all the
duties and obl~gations 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 e2ecute 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 de~d of trust.
(b) The Owner is not t~en 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.~ 0~27/92) --9'
5.3 SUbsecruent Assiunment. 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. Mortuagee 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 byany
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.
-10-
(c) If City timely receives a request from a
Mortgagee requesting e 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
~greement.
(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 to the
successors-in-interest to the parties to
8. Relationship of Parties. It is understood that
the contractual relationship between City and Owner is such that
the Owner is an independent contractor and not the agent of City.
14874,sOm~) -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, abs6rption, 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
· 4.somm~ -12-
exercise of its 'subjective business judgment, subject only to any
timing or phasing requirements set forth in the Development
Schedule.
11. Hold Harmless. Owner agrees to and shall hold
City, its officers, agents, employees and representatives
harmless from liability for damage or claims for damage for
personal injury including death and claims for property damage
which may arise from the direct or indirect operations of the
Owner or those of his contractor, subcontractor, agent; employee
or other person acting on his behalf which relate to the Project.
Owner agrees to and shall indemnify, defend, and hold harmless
the City and its officers, agents, employees and representatives
from actions for damages caused or alleged to have been caused by
reason of Owner's activities inconnection 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 Partv Litigation Concernin~ AGreement.
Owner shall defend, at its expense, including attorneys fees,
indemnify, and hold harmless City, its agents, officers and
employees from any claim, action, orproceeding 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
~4874.s~m~) -13-
to cooperate in the defense, Owner shall not thereafter be
responsible to defend, indemnify, or hold harmless City. City
mayin-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 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
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-
14.1 Intent. The parties acknowledge and agree
that development of the Property will result in substantial
publicSneeds 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 intendto 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
148~ .S Omit) ' 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 Pacility 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. Reservat{ons 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 ~o:
(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 PXan.
15.2 Subseauent Development ADDrOValS. This
Agreement shall not prevent City, in acting on Subsequent
Development Approvals from applying Subsequent Land Use
Regulations, even if they conflict with the Existing Land Use
Regulations, Existing Development Approvals or the Development
Plan. Further, this Agreement shall not prevent City from denying
or conditionally approving any Subsequent Development Approval on
the basis of the Existing or Subsequent Land Use Regulations.
~.s OmTzg~) -16-
15.3 Modification or SusDension 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 wit~ 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 bV Other Public AGenCies. It is
acknowledged by the parties that other public agencies not within
the control of City possess authority to regulate aspects of the
development of the Property separately from or jointly with city
and this Agreement does not limit the authority of such other
public agencies.
15.5 Vesting Tentative MaDe. 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 seg.) and Riverside County
Ordinance No. 460, as the same was incorporated by reference into
the Temecula Municipal Code by Ordinance No. 90-04, and if this
Agreement is.determined by a final'judgment to be invalid or.
unenforceable insofar as it grants a vested right to develop to
the Owner, then and to that extent the rights, obligations, and
protections afforded the Owner and City respectively, under the
laws and ordinances applicable to vesting maps shall supersede
the provisions of this Agreement. Except as set forth
immediately above, development of the Property shall occur only
as provided in this Agreement, and the provisions in this
Agreement shall be controlling over any conflicting provision of
law or ordinance concerning vesting maps.
16. Development of the ProDertv.
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, not to exceed 20 dwelling
units per net acre;
(b) Nine (9) hole golf course on Parcel 2 of
Parcel Map 27314;
(c} Senior's Community Center on Parcel 1 of
the Parcel Map 27314;
(d) Congregate Care Facility on Parcel 3 of
parcel Map 27314; and
(e) Skilled Nursing and Personal Care
Facilities on Parcel 4 of Parcel Map 27314.
No change, modification, revision or alteration of
these uses or of the Project may be made without the prior
amendment of this Agreement.
16.2 Rights to DeveloP. The permitted uses of the
Property, the density and intensity of use, the maximum height
and size of proposed buildings, and provisions for reservation
and dedication of land for public purposes shall be those set
forth in Section 16.1 and the Development Plan. The Project
shall remain subject to all Subsequent Development Approvals
required to complete the Project as contemplated by the
Development Plan.
16.3 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)
as a whole; or,
Alter the permitted uses of the Project
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 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
~4s~.semt~) -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 Aareement.
(a) The City reserves the right to terminate this
Agreement in the event of a material breach of any of its
material terms or any material term of any applicable federal,
State or local statute or regulation,.Which breach is not cured
following written notice and a reasonable opportunity to cure.
In finding such a breach:
(i) City does not waive any claim of defect
in performance by Owner implied. if on periodic review the City
does not propose to modify or terminate the Agreement.
(ii) Non-performance shall not be excused
because of a failure of a third person; and
(iii) Non-performance shall be excused only
when it is prevented or delayed by acts of God or an emergency
declared by the Governor.
(b) The notice to cure period shall be thirty
(30) days (except in cases of emergency where a shorter time may
be prescribed consistent with the nature of the emergency).
Where thirty (30) days is insufficient time for the Owner to cure
the notified breach, Owner shall be deemed in compliance with the
provisions if, within that thirty-day time period Owner begins
good faith efforts to cure such breach and shall present a
specific and reasonable timetable to the City for the cure of the
notified breach. If the breach is not cured within such time
period or within such additional time period specified in such
notice, the Planning Director shall cause to be noticed a public
hearing before the City Council.
(c) The Council shall hold a public hearing, upon
ten (10) days written notice duly given to Owner and published
notice provided to the public. Owner may appear at the public
hearing before the Council and present information, orally or in
documented form, that it deems relevant and appropriate to the
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 0f any action taken following the public hearing.
(e) Within not lees 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. Damames 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
Owner covenants not to sue for or claim any damages for breach of
that Agreement by City.
21. AttorneVs' Fees and Costs. If legal action by
'either party is brought because of breach of this Agreement or to
enforce a provision of this Agreement, the prevailing party is
entitled to reasonable attorneys fees and court costs.
22. Notices. All notices required or provided for
under this Agreement shall be in writing~and delivered in person
or sent by certified mail, postage prepaid. Notice required to
be given to City shall be addressed as follows:
To City: City Clerk
City of Temecula
43172 Business Park Drive
Temecula, CA 92390
Notices required to be given to Owner shall be addressed as
follows:
To Owner:
A party may change the address by giving notice in writing to the
other party and thereafter notices shall be addressed and
transmitted to the new address.
23. Rules of Construction and Miscellaneous Terms.
(a) The singular includes the plural; the
masculine gender includes the feminine; "shall" is mandatory,
"may" is permissive.
(b) If a part of this Agreement is held to be
invalid, the remainder of the Agreement is not affected.
(c) If there is more than one signer of this
Agreement their obligations are joint and several.
(d) The time limits set forth in this Agreement
may be extended by mutual written consent of the parties in
accordance with the procedures for adoption of the Agreement.
'4.5 (7~7/92) ' 2 2 '
(e) This Agreement is made and entered into for
the sole protection and benefit of the parties and their
successors and assigns. No other person, including but not
limited to third party beneficiaries, shall have any right of
action based upon any provision of this Agreement.
(f) This Agreement may be executed by the parties
in counterparts, each of which so fully executed counterpart
shall be deemed an. original irrespective of the date of
execution.
24. Counterparts. This Agreement may be executed in
any number of counterpane, each of which shall be deemed an
original, but all of which when.taken together shall constitute
one and the same instrument.
IN WITNESS W}{EREOF this Agreement has been executed by
the parties on the day and year first above written.
"CITY"
Attest:
By:
MAYOR
City Clerk
Approved as to form:
City Attorney
.By:
Name:
Title:
By:
Name:
Title:
Notary
[ALL SIGNATURES SPL~T,T. BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC.
EXECUTION ON BEHALF OF ANY CORPORATION SH~T~. BE BY TWO CORPORATE
OFFICERS.]
· 4.s (7/~7/9~) -2 4 -
EXI-rmIT
DESCRIPTION OF THE PROPERTy
14874.4 0/'23192)
EXHIBIT "B"
EXI!ITING DEVELOPMENT APPROVALS
Tentative Parcel Map No. 27314
change of zone No. 21
EXamIT
DEVELOPMENT
.1.
Within five'-(5) years of the effective date of this Development Agreement, Owner shall have substantially begun
construaion of each of the following uses:
A. Twenty (20) dwellin~ units of the S~nior Citizen Housing Development, and
B. The Congregate Care Facility, Skilled Nursing Facility, or Personal Care Facility
"Substantially begun construction" shall mean ob~ini~g a building permit and having an approved and inspected
foundation.
After twenty-five C25) percent of the dwelling units within the mniti-fsmily senior housing complex have received
Occupancy Permits and prior 19 the next Occupancy Permit issuance within this complex, owner shall have
constructed and obtnined a Certificate of Occupancy forthe Smlior Citizen Conter, and shall have compieted 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 shell have obtained Certificates of Occupancy for all
buildings identified in the subsequent development approvals.
PUBLIC FACILITY FEE AGREEMENT
Recording requested by, and
When ~ecorded mail to:
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
Attn: City Clerk
)
)
)
)
)
)
)
)
)
AGREEMENT FOR PAYMENT OF PUBLIC FACILITY FEE
This Agreement is made this day of
by and between the City of Temecula ("City") and
("Developer").
"Property" )
RECITALS
Developer is the owner of real property (the
in the City of Temecula described as follows:
Exhibit A,
reference
B.
pursuant to
attached hereto and incorporated herein by
Developer proposesto 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 ~hat the Project will impact
traffic and the 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 know~
as the "Temecula City-wide Public Facility Fee Program" or
"Public Facility Pee."
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 deter~nined 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 par~ies 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 T, he 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 improveT
ments to be constructed and their cost, the benefit assessment
area and the method by which the fair share, pro-rata obligations
of each property are to be established based on impact on traffic
and demand for public facilities.
(b) Developer shall pay the Public Facility Fee
on each building at such time it receives its certificate of
occupancy or final inspection, which ever occurs first.
(c) The Council also may establish an Interim
Public Facility Fee to be followed by a Final Public Facility
Fee. If only the Interim Public Facility Fee has been
established at the time the Developer seeks issuance of its
certificate of occupancy or final inspection, whichever occurs
first, then Developer shall pay the Interim Fee prior to issuance
of the certificate of occupancy or final inspection, whichever
occurs first. Later, when the Final Public Facility Fee is
established, the Developer will be reimbursed for any difference
between the Interim and Final Fee if the Interim Fee exceeds the
Final Fee, and shall pay the shortfall if the Final Fee exceeds
the Interim Fee.
(d) If the certificate of occupancy or final
inspection occurs prior to the establishment of the Interim or
Final Public Facility Fee, then the Developer shall pay a deposit
of Two Dollars ($2.00) per square foot, not to exceed Ten
'Thousand Dollars .($10,000) prior to the issuance of the
certificate of occupancy or final inspection. The deposit shall
be a credit against the Interim or Final Public Facility Fee. A
letter of credit or certificate of deposit may be provided in
lieu of the deposit.
(e) If either the Final or Interim Public
Facility Fee is established after the issuance of the certificate
of occupancy or final inspection, the Developer shall pay the
Interim or Final Public Facility Fee ten (10) days after
receiving notice from the City that it has been established.
(f) Notwithstanding the above, Developer shall
provide City with written notification of the opening of any
escrow for the sale of the Project and shall provide in the
escrow instructions that if the Interimor Final Public Facility
Fee has been established, the Fee shai1 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 benefitto 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 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 Pees outstanding. However, except for
the deposit provided for in Section 1, no letter of credit is
required if neither the Interim or Final Public Facility Fee has
not been established as of the date of execution of this
Agreement.
(b) As an alternative to collecting the fee from
the letter of credit, if the Developer fails to pay the Public
Facility Fee within 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 Pee,
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 ~he
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 end interest determined
according to Paragraph 4(b) of this Agreement.
5. Aareement Runs With Land:
This Agreement pertains to and runs with the
Property. This Agreement binds the successors in interest of
each of the parties.
6. Waiver:
By execution of this Agreement, Developer waives
any right to protest the provisions of Condition No. of
the Project, this Agreement, the formation of any Public Facility
fee district, but not the nexus between any Public Facility fee
and the Project.
7. Bindine Aareement:
This Agreement shall be binding upon Developer,
Developer's successors and assigns.
8. Amendment/No Continuin~ Waiver:
This Agreement may be modified or amended only in
writing, signed by both parties. This Agreement contains ~he
full and complete understanding of the parties and supersedes any
-7-
end 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
By:
David S. Dixon
City Manager
DEVELOPER
By:
By:
APPROVED AS TO FORM:
By:
Scott F. Field
City Attorney
sff/AGR17333
Form ~f 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'rec~uired 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-
sff/AGR17333
~. There is a need for such road and public facility
improvements for the project as the project will generate traffic
onto the roads ~o be improved and demand for additional public
facilities.
4. There is a reasonable relationship between the amount
of the fee and the cos~ 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 Public Facilities Fee.
Gentlemen:
[name of financial institution] , a
financial institution, subject to regulation by the State of
California or the Federal Government of the United States of
America, delivers to the City of Temecula this instrument of
credit as security for performance of the Agreement For
Payment Of Public Facilities Fee, dated by and
between the City of Temecula and
, and
referred to herein and by this reference made a part hereof,
subject to the following conditions:
I. We pledge that we hold and will hold on
deposit the sum of Ten Thousand dollars ($10,000.00) as
trust funds guaranteed for payment to City of Temecula to
secure faithful performance by
__, (hereinafter referred to as "Principal") of the
Agreement for payment of Public Facility Fee.
Upon demand by the City Manager of the City of
Temecula, the whole or any portion Of said funds shall be
paid forthwith to the City should the Principal fail to
perform any of its obligations to the City under the
Agreement For Payment Of Public Facility Fee.
II. No amendment to the Agreement For Payment Of
Public Facility Fee, agreed to by City of Temecula and
Principal, shall relieve us from liability on this letter of
credit. We hereby give consent for any such amendments to
be made without further notice to or consent by us. We
hereby hold ourselves bound without regard to and
independently of any action against Principal whenever
taken. We further agree that if Cit~ 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-
sff/LTRll0111
taxed as costs and to be included
rendered.
This instrument of credit
Financial Institution
in the judgment
is irrevocable.
Principal
therein
(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:
Scott F. Field
City Attorney
CITY OF TEMECULA
-2-
sff/LTRll0111
EXI-1IBIT "E'
FEE CREDIT2
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 "F"
DEED RESTRICTION
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
CITY.CLERK
CITY OF TEMECULA
· 43174 BUSINESS PARK DRIVE
TEMECULA, CALIFORNIA 92590
DECLla. RATION 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 Buildina TVDe. No person may occupy
any dwelling unit located on the Property unless he or she is at
least fifty-five (55) years of age, or otherwise qualifies for
residency pursuant to California Civil Code Section 51.3.
2. Term. These covenants are to run with the land
and shall be binding on all parties and all persons claiming
under them for a period of thirty (30) years from the date these
covenants are recorded, after which time said covenants shall be
automatically extended for successive periods of ten (10) years
unless an instrument signed by a majority of the then owners of
the lots, and the City of Temecula, has been recorded, agreeing
to change said covenants in whole or in part.
14874.5 (7/27192)
3. Enforcement. Enforcement shall be by proceedings
at law or in equity against any person or persons violating or
attempting to violate any covenant either to teetrain.violation
or to recover damages. The City of Temecula may enforce any
covenaht of this Declaration.
4. Attorneys Fees. Should any party bring an action
against the other for the purpose of enforcing theterms 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:
EXI-rr~IT "G"
DEVELOPNEN'r Pr.~l
0
ATTACHMENT NO. 7
SECTIONS ~.1 AND ~.2 OF ORDINANCE NO. 348
RURAL RESIDENTIAL ZONING STANDARDS
sxsT^Fsm~r~73~,~rrM.~c ,,p 54
t
ARTICLE V
R-R ZONE (RURAL-RESIDENTI/U.)
SECTION 5.1. USES PERNIl'rED IN R-R ZONE.
forth therethe unless berethalter modified.
(2) Nobthhome, used as e one-fmtly residence, subject to the
1ol 1 owl ng conel 11 ons:
I. Mobtlehmes shall have a floor area of not less that 450
squai'e feet, ' '
b. The area between the Found level and the floor of a
mobilehome shall ha screened fm view by an opaque skirt
entirely around the mobilehome.
The following uses shall be pemttted provided approval of a plot plan
shall first have been obtained pursuant to the provisions of Section
18.30:
(1) Fishing lakes, cammartial and noncenmerctal.
Educational *Institutions, libraries, museums end post office.
(4) Golf, tennis, polo or country clubs, Irchery and golf and driven9
ranges.
(5) Cunmerctaq uses for the convenience of Ind 1netdental to any of
the above permitted uses when located upon the see lot or parcel
of land.
Feed and grain sales.
Nurseries and gard-n supply stores.
Pet shops and pet suppl~ shops.
Real estate offices.
Signs, on°site Idverttstng.
Arts, crafts end curio shops.
(6)
(xo)
(11)
Public Utility Uses.
(1) Structures and installations necessary to the conservation and
development of water such ms dm~s, pipelines, water conduits,
tanks, canals, 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 plants, booster or conversion plants,
transmission lines, pipelines and the like.
(3) Rmdlo broadcasting Stations.
Railroads, including the necessary facilities in connection
therewtth.
(6) Television bromdcmsttng stmtioni, antennas, mad cable
tnstmllmttons, and microwave relmy stmtlons.
(d)
The following uses mrs permitted provided m conditional use permit
has been granted:
(1) Airport or landing field.
19
· Any mtntng operation vhtch Is exenpt frm the provisions of the
California &Jrface H ntng and Reelmarion Act of 1975 and
RIverside County (Ydtnance No. 555.
Cmete~, pet or lunan.
Careereta1 uses, the folioring:
a. Anttque shops.
b. ~utmobtle servtce stations and repatr garages ~th or
Mthout the concurrent sale of beer and vtne for off-premises
consumptt on.
c.. Bakery shops, tncl'udtng baktng only ~hen 1netdental to rata11
sales on the prmtses.
d. Barber shops end beauty shops.
e. Bars and cocktat1 lounges.
f. Btlltard and pool halls.
g. Cleantrig and dyetrig shops.
h. Drug stores.
t. Equipment rental services, Including rotot111ers, power
mowers, sanders, power SIVa, canant and pllster mtxers not
exceeding 10 cubic feet tn capacity. and other stmllar
equl pment.
(Deleted)
Food, meat, poultry and produce
markets.
Frozen food lockers.
Hardware stores.
Laundries and laundrematS.
LIquid petrole~ servtce stations, kdth or viahour the"
concurrent sale of beer and vtne for off-premises
cons~pt4on.provtded that tf storage tanks are above ground,
the total capactt~ of all tanks shall not exceed ~0,000
gallons. Storage tanks shall he pathted a neutral color and
shall not have an~ advertising pathted or placed on thetr
surface.
p. Ltquor Stores.
q, (Deleted)
r. Parktng lots and parktng Iwtlcrings, pursuant to the
t, Profess(onal offices,
u. CDe e.d
v, Refresl~ent stands,
v. Restaurants and other eattrig establtsMents.
x. Shoe stores and repatr shops.
~. (I)eleted)
z. Stations, ires, rltlroad and tixS.
as. Ttro sales and service.'
bb. Tourtst tnfomatton centers.
cc. Underground tNlk fuel storage.
dd. Auctton houses and yards.
Dune Dugg,v parks.
Frutt lad vegetable packtng plants and strutlit uses.
¸ 2O
fe
Hunting dubs,
(12) Lumber production of a ccnmerclal nature, tndudtng cmmercta~
logging or cmmmrclal development of Umber and 1tuber mills.
(13) Illchine shops.
.' (14) The menuflcturs Of:
a. Brick, tile or terra-cotta.
b. Canant and cement products.
c. G~psum.
d. Ume or lime products.
(15) Menageries end letall hospitals.
Pen fed cattle operations, livestock saleyards, livestock suction
yards, and t f
de ry inns.
(18) Race tracks, including but not limited to contests between
lutemobiles, horses, go-clrts, ind motorcycles, but not tncludi n9
contests between human beings only,
(19) Recreational vehicle parks,
(20) Rifle, ptstol, skeet, or trapshooting
ranges.
(21) Rodeo arenas.
Tretler and boat storage.
(24) (Deleted)
Neat cutting and packaging plants, provided there is no
slaughtering of animals or renderin9 of meat.
Hater ~ell drilling, operations and Service
(2g) (Deleted)
(30) Mobtlehme parks, developed I~rsuant to Section 19.93 of this
ordt hence.
The following uses are permitted provided that the operator thereof
holds a pemtt to conduct surface mining operations 1ssued pursuant to
Riverside County Ordinance No. 555 which has not been revoked or
suspended,
(1) Any mining operation that is subject to the California Surface
Nlntng and Reclamation Act of 1975.
Kennel s end carterice are parrot tied provt'ded they are rapproved
pursuant to the provisions of Section 18.45 of this ordinance.
Any use that is not specifically ltsted in subsections b. and d. may
be considered e pemttted or conditionally permitted use provided that
the Plannln9 Director finds that the proposed use is substantially the
same in character and intensity as those listed in the designated
subsections. Such I use is subject to the pemtt process which
governs the category tn which it fa)ls.
knended Effective:
11-11-82 (Ord. 348.2104)
12-23-B2 (Ord. 34B.214D)
08-02-84
04-04-87
06-30-88
05-04-89
07;20-89
(Ord. 348.2338)
Ord. 348.2856
Ord.
SECTZON S.Z. DEVELOPHER STANDARDS. ere e structure ts erected or a
use ts made tn the R-R Zone that ts first specifically petaltrod tn another
zone cllsstftcatton, luch structure or use Shell meet the development standard~
such requirements are hereafter modified.
One fenfly residences shall not exceed 40 feet tn height. No other
butldtng or Structure shall exceed 50 feet tn height, unless a height
up to 75 feet for lall d~ngs, 105 feet for other structures, or greater
than 105 feet for broadcasting antennas ts/pproved ixzrsuant to
Section 18.34 of this ordinance.
Lot Area. One-half acre, ~lth a mtntmum average ~dth of 80 feet,
Including the area to the center of adjacent streets, shall be the
minimum size of any lot except as follows:
(1) Public Utilities, 20,000 s~a~ hat ~th
wtdth and
Automobile storage space shall be provided as requSred by Section
18.12 of this ordinance,
Amended effectt re:
09-04-62 07-16-69
06-16-65 (Ord. 348.371) 06-10-70
09-15-65 (Ord. 34~.391) 09-23-70
01-19-66 (Ord. 348,422) 09-30-70
08-02-67
Ord. 348.638)
!O0;348,737)
: 348,777)
(Oral. 348,783)
(Ord. 348.gOS)
Formerly Article
I I I - renumbe red
Art. V and mended:
05-04-72 Oral. 348.1023)
05-09-73
05-30-74
06-20-74
11-07-74
03-20-15
07-10-75
Ord, 348.1189
Ord.
Ord. 348.1377
Ord.
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
22
Oral. 348.1470)
Ord. 348.1481
Oral.
OrCl. 348.1588)
Ord.
Oper. 01-01-80)
348.1968
Ord. 348.2104
Ord, 348.2140
Ord. :
Orj. 348.3053)
A'x'x'A~ NO. 8
SECTIONS 8.1 A.NI) 8.2 OF OP. DII~IA. NCE NO. 348
GtlNt2Ls~L RY..SII)ENTL4J.. Z01VlNG
S'S'r^FFRE',Z'~,..TTM.~C ~ 55
ARTIC~E V111
R-3 ZONE (GENERAl. RESZDENTZAJ.)
The following regulations shall apply tn lll R-3 Zones:
$EC'~TIOK 8.1. USES PEI~SZTTED.
The follo~4ng uses shell .be permitted protided approval of · lot plan
1
she 1 first have been obtatned pursuant to the proylstons of $P;ctton
18.30:
Any use pemttted tn the R-2 Zone.
Aparb~ent houses,
Nonprofit clubs and lodge hells.
FraternlT~ and sorertV houses.
Hotels, r~sort hotels, end motels.
Ikrsery schools for preschool day care.
]nstttuttons for the ·gad licensed by the California State
De arbnent of Soda1 Half·re or the County Depar~ent of Publtc
ie~fare.
Medical end dental offices.
Chtropractlc offices.
Law Offices.
(2:~) Architecture1, engineering, end cmnuntty planning offices;
provided there tS no outdoor storage of ilsltel~lls,. equll~ent, or
vehicles, ot~r then passenger cars.
Congregate ca~ ~stdenttel fsdltt~es.
Accessor~ buildings, to i specific permitted use, provided that the
accessory bull dtn9 ts established is In Incident to I principal use and
does .not change the character of that use.
On-stte stgns, affixed to butldln9 walls, stating the e~e of the
structure, use, or Institution, not to exceed 5 percent of the surf·re
area of the exterior face Of the wall upon uhlch the SIgn ts located.
d9
The fellertrig uses shall be permitted prodded · condttlona~ use remit
ts obtllned pursuant to thts ordinance:
(1) Nobtleho~e parks, developed pursuant to Sectton 19.92 of. this
ordinance.
!}(Deqeted)
Parking Ire· for cceTnerclal uses.
Evening nursery school, child care Ind bs~y-sttt4ng.f·ctllths,
vhere 13 or more unrelated chlldren Ire kept under Supervision
I person licensed by the State De artmane of Social Half·re or
RIverside Counti Department of PuCllc NellIre cbrln9 any hours
beta~en S p.m. and 8 ·.m.
(5) Congregate care residential fatalities, developed pursuant to
Section :Zg.tO3 of thts erdahence.
Planned resident1/1 d;velopments, profled I lind divJston ts approved'
pursuant to the provisions of Ordinance No. 460 and the development
standards in Sectton 18.5 or 18.6 of tht$ ordinance.
ICennels and cataeries Ire permitted provided they Ire Ipproved pursuant
to the provisions of Section 18.45 of this ordinance.
Mended Effective:
Z2-23-82 lord. 348.2140}
06-28-84 'Ord. 348.2341
04-04-87 Ord. 348.2669:
01-15-87 COrd. 348.25431
SECTtON 8.2. DEVELOPMENT STANDARDS. The following standards of
develolnent shell apply In the R-3 Zone, except that planned residential
te
develol~ents Shell cc~ply with h develolnent standards contained tn Sectton
18.5 of this ordinance.
The minimum lot area shall he 7200 square feet with a mtnlmum average
width of 60 feet and a mtnim~ average depth of 100 feet, unless
different mtntmums are specifically required In a particular area.
b. The mtntmm front and rear yards sh~11 be 10 feet for buildings that do
no exceed 35 feet tn bet Any rtton of I building which exceeds
set bec~°frm the
35 feet tn height shall ~t.
front Ind rear lot lines
no less then IO feet plus Z feet for each foot by which the height
exceeds 35 feet. The front setback shall be measured fr~n any existin-
or future street line Is shewm on any specific street plln of the
County. The rear setback shall be measured frm the existing rear lot
line or from any recorded alley or easement; if the rear line adjoins a
street, the rear setback requireant shall be the see as required for
a front setback,
The mtntmum side yard shall be 5 feet for buildings that do no exceed
35 feet tn height. Any portion of a bull din which exceeds 35 feet in
height shall be set beck frm each side lot line 5 feet plus 2 feet. for
each foot by which the height exceeds 35 feet; if the side yard adjoins
a street, the side setback requirmnent shall be the s~e as required
for a front setback, No Structural encroacl~ents shall be
the ,to.t. ,tde or re,r ,.rd ,c.pt, provided t. SeetOo. tn
this ordinance.
No lot shall have mmre than SO percent of 1is ~t area covered with
buildings or structures,
The maximum ratio of floor area to lot area shall not be greater than
t~o to one, not including bms~ent floor area.
All buildings and structures shall not exceed 50 feet In hetght, unless
a hetght up to 75 feet ts specifically pealteed under the provisions
of Section 18.34 of this ordinance.
. g, I)eleted,
h. Autmob(le storage space shill I~ protided es requtred bY Sectton 1842
of this Ordinance,
Mended Effective:
01-15-64 /Ord. 348.251)
01-19-66 '.Ord. 348.422
09-15-7:1
.05-04-72
06-21-73
05-30-74
04-12o7g
03-16-8Z
12-23-82
08-29-85
'Ord. 348.920)
,Ord .'
348.1201
'.ord.
,'Ord. 348.1688)
(Ord. 348.25Z0)
ATTACHMENT NO. 9
SECTIONS 18.5 AND 18.6 OF ORDINANCE NO. 348
STANDARDS FOR PLANNING RESIDENTIAL DEVELOPMENTS &
PLANNING RESIDENTIAL DEVI~,LOPMENTS - SENIOR CITIZF. NS
5\5TAFFILP'~2731417M.PC view 56
SECTZON 28.4. SPECIAL STUDZES ZONES - crOLO GZC REPORT REQUIREMENTS.
In addition to the requirenents of this ordinance. all applicant.s, for
a spectftc plan of land use, conditional use Farair, public use bonnet.,
plot p~an or development ~en or certificate of occu ant approval, for
, p Ject., en,ed t. ;t.,rsie Cou.V Or,,...=,withi. a
spedal studtes zone delineated by the State reologtst pursuant to
Sectton 2621 etseq. of the Publlc Resources Code, shall comply wtth
a11 of the provisions of RIverside County Ordinance No. 547, and no
permit or approval subject thereto shall be granted except tn
accordance .lth the Irovtstons thereof.
· b. No application subject to the provisions of this section shall be
cOa leted for filing, and the ttme limitations for
considered ms Ipp~tcatton shall not begin to run, until
process1 ng an
requt renents under Ordinance NO. 547 hive been cenplet. ed.
SECTION 18.5. STANDARDS FOR PLANNED RESZDENTZN. DEVELOP~NTS. Planned
residential developments shall be constructed tn accordance with the
heroinafter listed requtranents. In addition thereto, planned restclential
developments shall be subject to, and shall comply with, Such additional
conditions and requtroments as are determined to he necessary tn approvin9 the
development to make It camperable with the cmunity in which it ts proposed
be located.
A subdivision map, prepared substantially tn accordance with the
conditions of approval thereof and the requlranents of thts
section, shall be recorded pursuant to Ordinance NO. 460.
(z)
DENSITY, OPEN AREAS AND HEIGHT LIHITATIONS. Not less than 40~ of
the net area of a project shall be used for open area or
recreational facilities, or a combination thereof. The net area
of a project shall be determined by excluding all streets, drives
and automobile storage areas. The total norabar of dwelling units
in a project shall not exceed that which would be barrotated if
the project were a standard lot development. The height of -
buildings shall not exceed that which is barrotated in the zone in
which the project ts Iotareel. The maxima bemitted density and
height limits may 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.
(3)
YAR~ SETBACKS. Building setbacks frm a proJect's exterior
streets and boundary lines shall be the sane as those prescribed
by the zone in which the project ls located. In no case shall
such building setbacks for any project be less than those
prescribed in the R-3 Zone. The einimm building setback frm
interior ~rives shall be ten feet.
(4) STREETS. Streets, which may be barrotated to be private, shall be
required in accordance with the provisions of Ordinance No. 46D.
149
(s)
(6)
RESZDENTZ& $T~JCTURES. The rimbar of dwelltrig units tn one
butlding shell not exceed two In the R-Z Zone and all other zones
that penatt planned residential developments ms an R-1 use, or
etght d~elllng units tn one latlding tn the R-2 and R-2-A Zones.
The rimbar of d~e111ng units tn ·butlding tn the R-3 Zone end
el1 other zones thlt pemtt planned residential davelol~ents as
R
an -3 use shall not exceed that pemitted by the R-3 Zone
development standards. bstdentlal Iratidings shall have a
mintram ground floor 11~ing area of 1000 square feet end each ..
dwelltrig untt tn a butldin shell have the minimum floor living
area requtred by Section ZI.ZZ of thts ordinance.
RECREATIONAL BUILDINGS. Recreational, public assably and
similar buildings may he pemitted within a project if they are
tntended for the primary use of persons residing within the
project and are located so as not to be detrimental to adjacent
prope rttes.
(7)
HAINTENANCE OF CONNON ARIAS. A cameunity association w~th the
unqualified right to assess the owners of the dwe111ng untts for
all maintenance, operational end other coSts of the Cammon areas
and 1 a a 1 a
right to lien the units of the owners who default in the payment
of their assessments. The assoctatton's 1ten shall not be
subordinate to any encmhrance other than e deed of trust or
mortgage made in good faith and for value which is of record
prior to the recordation of the lien of the association. Prior
to recordatton of the final subdivision 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 final subdivision
map.
(s)
TRASH AREAS. Adequate enclosed trash pickup areas, convenlent to
the residents whtch they are tntended to serve, shall be provided ·
in the project.
(g)
SCREENING. A six-foot high masonry wall shall he constructed on
any project boundary line where the adjacent property is zoned
for a lower reSIdential density than that zone in which the
project is located.
(10) WALKWAYS. Five-foot wide paved pedestrian ~lkw~ys shall be
installed between the d~lltng units and the recreational areas
of the project.
(11) ACCESS. Vehicular access openings into a project shall be
limited to one for each 400 feet of public street frontage;
however, all projects shall he pemttted two access drives
regardless of the mount of frontage.
150
(xz)
PARKZNG. Auramobile storage space required shall be as
deSstained at the time of tssuance of the con~tional use permit;
t..o e..t .h.ll th.re he less t,.n p.rkt.g spac.s
one bedtom untt end not less than 2.5 spaces for each
untt within tam or more bedrooms. The requtred parking spaces
shall he provided enUrelywith the e-velol~ent. Public street
parktrig and tandem parktrig shall not he counted tn this
requt rment.
SECTION. 18.6. PLANNED RESZDENTXA~ DEVE~OPENT$ - $ENZOR CITIZENS.
(1.)' When 'tt ts proposed by an pllcant that occupancy of a planned
residential e-velopment belVtmtted to senior citizens', the
application for the land division shall tnclude the statenant
that the &velopment is proposed to be ltmtted to a Senior
Ctttzen Rests-ntis1 Development.
(z)
Senior Citizen Planned Residential Developments shall be
constructed in accordance wqth ell of the development
requirements of Section 18.5, except as modified herein:
.D. ESIGN. The overall development shall be e-signed for ease of
use by persons of advanced age. Not less than one accessible
route for the handicapped to all on-site facilities shall be
provided. Where public facilities exist, such as bus stops,
si e-wal ks and drop-off zones, accesstble routes for the
handicapped shall be provided.
LOCATION. Developments shall be located in areas which offer
services to the aged, such as transportation, shopping,
recreation and nutrition programs.
c. ELEVATORS. No building shall be constructed that exceeds one
story in height unless it contains elevators for the use of
the occupants. Residential buildings which exceed one story
shall provide additional elevators if they are needed due to
the rimbar of units or project e-sign proposed. Elevators
shall. be spaced in order to minimize the walking distance
from the elevators to the residential units.
d. RECREATION. C~mnon recreational facilities or buildings
designed for senior citizen use shall be provided for the use
Of the occupants.
MEDICAL. P4dical offices and convalescent facilities, not
~ng hospitals, may be required for the use of the
occupants.
f, PARKING. The manher of required ~utmobtle storage spaces
~ e-retained in accordance ~th Section 18.12 of this
ordinance at the time of the approval of the project;
151
however, n6twtthstandtng any provision tn this orolnance to
the contra~J, i t~enty percent reduction tn the total n~ber
of requtred vehtcle parking spaces for rextdenttal Purposes
may be alloved tf appropriate, and an additional five percent
reduction may be Illowed tf the applicant proposes
al ternaU ve sent or ct 1t zen transportall on progrmns; however,
tn no cue shill the reduction of plridn9 spaces exceed 25
percent of the total spaces requtrod by Section 18.12 of this
ordinance. Publtc street parktrig and tandem pa-ktng shall
not be counted tn this requtreaent. All requtred parking
spaces shall he located entirely ~t+.htn the development,
accessible to the units which they serve, and no parking
space shall be located more than 150 feet frm the unit it is
designed to serve. Parking requtrenentS for other facilities
~tthln the development shall he sub:leer to the provisions of
Section 18.Z2 of this ordinance and may not be reduced.
HANDICAPPED PARKZNG. Not less than ten percent of the
required parking spaces shall be designed and designated for
use by the handicapped. Handicapped parking spaces shall be
distributed evenly throughout the parking areas.
he
AGE RESTRICTIONS. The covenants, conditions and restrictions
for the development shall requt re 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 Deparl3nent of
Housing and Ce~munity Development, Title 24, Part II of the
California A~ninistrative Code.
Amended Effective:
06-28-84 (Ord. 348.2341)
SECTION 18.7· ZONING FOR SENIOR CITIZEN DEVELOPHENTS. Whenever a planned
residenti al dave1 opment for senior citizens has been constructed Pursuant to
Sections 18.5 and 18.6, or, whenever the Board determines that an area should
be considered for senior citizen zoning, the area may be set for hearing
pursuant to the provisions of Section 20.1,. et seq., to consider zoning that
would limit the occupancy of dwelling units ~thin the area under construction
to the hereinafter listed minimum ages.
Whenever the zoning symbol in a zone classification on any official zoning
plan map is followed by the initials 'S.C.D." (Example: R-I-S.C.D.), each
dwelling unit in the area so zoned, that is occupied, shall be occupied by at
least one person not less than 50 years of age and no person under 18 years of
age shall pemanently reside in any dwelling unit in the-zoned area.
152
ATTACHMENT NO. 10
SECTIONS 1~.101, 19.102 AND 19.~03 OF ORDINANCE NO. ~48
CONGREGATE CARE FACHJTIES STANDARDS
S~'rAF~,P't~73~4'rTM.~C vW 57
ARTICLE XIXd *"
CONGREGATE CARE RESIDENTIAL FACILITIES
SECTIO~ lg.101. INTENT. It is the intent of the Board of Supervisors in
adopting this Article to provide alternative housin9 opportunities for those
persons capable of independent living who m not need the level of care
provided at convalescent facilities. The Board finds that this Article will
provide needed housing for those persons who have been identified as impacted
groups by the Housing Elmant of the Comprehensive General Plan. The Board
also finds that this Article will provide.a standard'for distinguishing between
congregate care:residential fatill ties and other mu1 ti-fmtly uses.
SECTION
development
19.102. DEVELOPMENT STANOARDS. The following standards of
shall apply for congregate care residential facilities.
a. Density. The allowable density for a project shall not exceed the
density permitted by the underlying zoning classification or the
applicable General Plan Land Use Category, whichever is less.
b. Location. The project shall be located in accordance 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 progra~s.
c. Elevators. No building shall be constructed that exceeds one
story in height unless it contains elevators for the use of the
occupants. Elevators shall be spaced in a manner which will
minimize the walking distance frm the elevators to the
residential units.
d. Dwellinq Units.
1. The net livable area for each unit shall not be less than 4~0
square feet for an efficiency unit, 550 square feet for a
one-bedrom unit, and 700 square feet for a two-bedrocrn unit.
2. Not less than four percent of the residential units shall be
accessible for the handicapped, and all other units shall be
adaptable for the handicapped. The handicap units shall be
distributed equally throughout the project. All handicap
units shall meet the standards set forth in Title 24, Part II
of the California A~inistrative Code.
3. Kitchenettes may be permitted provided that they are sized to
meet the immediate needs of the occupants of the unit.
4. No more than thirty percent of the units shall be efficiency
units.
e. Hallways and Walkways. Hallways should be kept to a minimum
length to avoid the appearance Of an oversized home or an
institution. Five-foot wide paved pedestrian walkways shall be
installed between the dwelling units and the recreational areas of
the project. All hallways and pedestrian walkways shall be
maintained with a minim~ of five feet of unobstructed width and
280
adequate vertical clearance to provide unobstructed walking
capability. Not less than one accessible route for the
handicapped to all on-site facilities shall be provided. Hallways
shall be designed to accommodate the use of walkers, canes or
· other mechanical assistance.
f. 0 n Space and Recreation Facilities. Not less than forty percent
o~et e net
h area of the project.shall be used for open space,
recreational facilities, or a combination thereof. Not less than
twenty-fig! Percent of the required open space area shall be used
for active recreational facilities, such as pool, spa, tennis, and
'gardening.by resi~nts. Recreational, publicassembly'and similar
buildings may be permitted' within the project if they are intended
for the primary use of persons residing within the project and are
located so as not to be detrimental to adjacent properties.
Yard Setbacks. Building setbacks frm a project's exterior
streets and boundary lines shall be the sme as those prescribed
by the zone in which the project is located; however, in no case
shall such building setbacks for any project be less than those
prescribed in the R-3 Zone. The minimum building setback for
interior drives and parking areas shall be ten feet.
Buildinq Height. 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
cmpatibility with the area in which the 6evelopment is located.
Trash Areas. Adequate enclosed trash pickup areas, convenient to
the resiaents which they are intended to Serve, shall be provideC
in the project. Trash areas will be screened by a six-foot high
decorative block wall.
Screening. A 'Six-foot high decorative block wall shall be
constructed on all project boundary lines to provide adequate
security and privacy. The exterior side of all block walls shall
be coated with a protective coating that will facilitate the
re~oval of graffiti.
i in accordance with Section 18.12 of this ordinance
at the time of the approval of the project; however,
notwithstanding any provision of.this ordinance to th~ contrary,
twenty percent reduction in the total rimbar of requi red vehicle
parking spaces for residential purposes may be allowed if
appropriate, and an additional five percent reduction may be
allowed if the applicant proposes alternative senior citizen
transportation programs; however, in no case shall the reduction
of parking spaces exceed twenty-five percent of the total spaces
required by Section 1B.12 of this ordinance. Public street
281
parking and tande~ parking shall not be counted in this
requiranent. All required parking spaces shall be located
entirely within the development, accessible to the units which
they Serve, and no parking Space shall be located more than 150
feet from the unit it is designed to serve· Parking requiranents
for other facilities w~thin the ~velopment shall be subject to
the provisions of Section 18.12 of this ordinance and may not be ·
reduced. Not tess 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 ~esigned and
designated handicapped parking SpaCe provided for each handicapped
resident. Handicapped parking spaces shall be distributed evenly
throughout the parking areas.
Access. The number and location of vehicular access openings into
a project shall be as specified by the Road C....,issioner.
Projects must be located on a street with a minimum 66-foot
right-Of-way·
Supportive Services· Services that support the residents shall be
provided. At a minimMn the following services shall be provided.
1. Laundry Facilities· One {1) washing machine and dryer shall
be provided for every twenty (2D) rooms.
2. Housekeeping and Linen Service· At a minimum, weekly service
Shall be provided.
3. ConTnunications. A "panic button." intercom 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 acc~,..,odate all of the
residents. The minimu~ room size shall be the product of the
proposed maximum n~ber of resi
multiplied by five square feet
instance shall the central dini
feet.
dents in the facility
per resident; however, in nD
ng room be less than 35D square
5. Miscellaneous Facilities. The following services are
permitted within a Congregate Care Residential Facility
provided they do not exceed five percent of the total building'
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.
Public Transit Access· A public transit turnout shall be included
Within the project's design.
SECTION 19.103· DEVELOPMENT STANDARDS - INCREASED DENSITY.
.. A d.nsity incr..se of SO, ov.r that pemitt.d in Section
) above, unless otherwise limited by a Calmunity Plan, may
be permitted if the project meets the following additional
9ui de1 ines,
282
Area Services. The following services must be located wi thin
the following prescribed · stances:
(a)
(b)
(c)
(d)
Neighborhood Shopping Center: 1/2 mile.
Recreation Facilities with menities designed for the
elerly: 1 mile.
Hospital Facility: 20 minutes by public or private
transportation.
Medical Services (Doctor/Dentist): two miles. Nedical
Services shall mean the promston of health care by
licensed .practitioners at fixed locations ~uring standard
office hours.
(el E~ergency Services '(Ftre/Parmedic): five minutes by
emergency vehicle.
(f) Caromunity Services (Social, Educational, etc.): tWO
miles.
(g) Mass Transit Facility:
(1} If a reduction in the required parking spaces is
requested then the facility must be locateQ within
150 feet of the project.
{2} If a reduction in the required parking spaces is
not requested, then the facility must be within
1/2 mite of the project unless transportation is
provided by the facility.
Project Desiqn. Projects proposed under this section shall
meet the following requirements, in addition to all
requirements of Section 19.1D2(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
1DD square feet in area. Balconies shall be at least
BD square feet in area.
(2) Canl~on Open Space.
(a) Not less than forty-five percent of the net
area of a project shall be use~ for cm:non open
space. Not less than twenty-five percent of
the required c~n~on open space area shall be
used for.active recreational facilities, Such
as pool, spa, tenniS, and garpeni ng by
residents.
(b) Indoor recreational/leisure space shall be
provided in the fom of a multipurpose or
recreational roam. The size of the roam shall
be based on the ratio of 15 square feet of
floor area per unit provided. In no instance
shall the roam be less than 1,ODD square feet.
b. Access. The number and location of vehicular access
openings into a project shall be as specified by the
Road Canmtssioner. Projects must be located on a
street with a minimum BB-foot right-of-way, within
150 feet of a mass transit facility, or must provide
appropriate transportation for residents.
283
Densit . A density increase of 100 percent over that permitted in
~19.102(a) above, unless otherwise limited by a Community Plan.
may be permitted if the project meets the following additional
gui del ines.
1. Area Services. The following services must be located within the
fol 1 owl ng prescri bed dt stances:
a. Neighborhood Shopping Center: 1/4 mile.
b. Recreation Facilities with enenities estgned for the elderly:
1 mile.
'c.. Hospital Facility: ZO minutes by public or private
transportati on.
'd. Medical Services (Doctor/Dentist): one mile. Medical services
shall mean the provision of health care by licensed
practitioners at fixed locations during standard office hours.
e. Emergency Services (Fire/Parenedic): five minutes by energency
vehi cl es.
f. C~munity Services (Social, Educational, etc.): one mile.
g. Mass Transit Facility:
{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 Design. Projects proposed under this section shall meet
the following requirenents, in addition to all requirements of
Section lg.102{c) through {n).
a. space.
Private Open Space. Each unit shal 1 be provided witn
private useable open space. Patios shall be at least
IOD square feet in area. Balconies shall be at least 8~
square feet in area.
{2) C~i.l,on O en Space.
{a) Not Vess than fifty percent of the net area of a
project shall be used fo~ c~mon open space. No
less than twenty-five percent of the required common
open space will be used for active recreational
facilities, such as pool, spa, tennis, or gardening
by residents.
(b) Indoor recreational/leisure space shall be provideO
in the form of a multi purpose 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 1,000
square feet.
Access. The n~rnber and location of vehicular access ooenings into
a project shall be as specified by the Road Cb,..issioner.
Projects must be located on a street with a minimum 66-foot
right-of-way, Within 150 feet of a mass transit facility. or must
provide appropriate transportation for residents.
284
· c.
An increased density project must be located a minimum ~stance
fro~ any other increased density project equal to the product of
the n~ber of units of the larger project multiplied by 50 feet;
provided, however, that in no event shall the minimum distance
~between any two increased density projects be less than 1,320
feet.
SECTION 19.104. RESTRICTIONS.
a. The ivelopment shall be open to those residents who are capable of
~snonstrating the mental cmpetence 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 dressi rig, gromtng, bathing and other personal
hygiene;
2. Assistance with taking'medication;
3. Central storing and distribution of meditations;
4. Arrangement of and assistance with medical and ~ental care; and
5. Maintenance and supervision of resident monies or property.
Added Effective:
1-15-87 (Ord. 348.2643)
285
'ATTACH]VIENT NO. 11
SCHOOL DISTRICT ~-~-TTER
S~STAFF~I4TTM.PC v'tw 58
TEMECULA VALLEY
Unified School District
SUPERINTENDENT
Pitrice n Novotnly, Ed.D.
BOAIqD O~ EDUCATION
Dr Dawd I:ur~ch
Ros~e VanOerhaak
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 / Ternecula. CA 92592 1 (714) 676-2661
system is audible from the proposed development's site, and this system is
utilized throughout the school day.
Therefore, due to the extensive use of all of the high school's facilities
throughout the year by both the school district and the community at large, we
feel that the above referenced project is incompatible. Although we will not
oppose this project, we would like to state that under no circumstances will we
accept any responsibility for the impact our stadium, tennis courts and other
related facilities will have on the neighboring senior housing and nursing
complex, nor will we conform to any demands made in the future should any
of these facilities become an issue with this development. We also request that
a full disclosure be made to any prospective buyer or renter of this proposed
project that the above referenced conditions exist, and that these conditions are
not subject to mitigation.
Thank you for your time and interest concerning this matter.
T~Valley Unified School District
Dr. Patricia Novo~tn9
Superintendent
PN/bk
A~I'ACHMENT NO. 12
ARTHUR ANDERSON STUDY
DEV]~ OPMENT PROGRAM RECOMMENDATIONS
DEV~LOlm~,~EITr PROGR~I~
Patio Residential
Congregate
Skilled Nursing/
Personal 'Care
Senior Center
. Total
TAW~ IX-1
liestar Plan Smmmry
~4~ield Site
240 30.34 7.91
200 . ' 6,75 29.63
78 1,81 43,09
N/A 11,29 0.00
N/A 2.49 0.00
518 52.68 9.83'
Source: Albert A. Webb & Associates, Larry Vesely Architects;
Arthur Andersen Real Estate Services group.
The master plan encompasses 52.6 acres which for desig~ purposes has been
segregated into five pl-~n~ areas corresponding to the different uses
included. Planning Area I, designed for active adult patio/townhome products,
has 30.34 acres, while pla~ing Area lI, designed for the congregate care
living facility, has a total 6.75 acres. The skilled nursing/personal care
facility has been planned on 1.el acres in Plmn~tng Area III, while the golf
course encompasses 11.29 acres in Pla~-ing Area IV. Finally, the senior
community center within Pl-~ing Area V has been designed on 2.49 acres. A
total of 518 dwellin; units are included in the master plan, yielding an
overall density of 9.83 rumits per acre.
Active Adult Patio/Tovmhomes and Golf Course
Pl-n~qng Area I includes 240 patio/townhomes clustered in duplex and fourplex
structures, (See Table IX-2). Each u~it has been designed with a rear patio
which opens up to either open space or golf course frontage. Townhome units
have been piaced at ~he ~nterior of the fourplez clusters to allow for second
floor 'or loft ~tndow oppor~xmtttes, which is a major marketing issue for these
tTpes of~nlts with patio units poslt!oned at the end of clusters. Fourplexes
have been clustered in che victzd~y of 2olf course greens so that.prime golf
course Views compensate for kigher dm~mi~teS with respect to pricing end
marketabilttT.
FOur to five floor plm~e are recommended for the development, with en average
u~tt size of approximately 1,150 square feet. An average base price of ~105 per
square foot in 1992 dollars is thought Co be aeh4evable wt~h en average unit
premium of $10,000. The recon~ended phasing plen calls for three increments of
development, each with 80 ~ntts and constructed in successive years from 1993 to
1995. Monthly absorption is estimated at five to eight xmtts. A 5,000 to 6,500
square foot recreational factltty should be the centerpiece of the commtmt~y
offering a range of ezercts~ facilities alon~ wtch activt~ rooms for billiards,
cards end related activities.
The golf course associated vi~h ~he development is a small n~e hole design.
AchieVable daily 2re--n fees in 1992 dollars are estimated at ~$ per round with
a ~272 m--ual fee, which is a 15 percent discount from daily greens fees
ass~nin2 40 rounds m--~ally. This m--ual fee is recommended as a discount
program to homeowners within ~he Communit7~- A 1,200 square.foot pro
shop/starter facility is recommended for the Course. No food or beverage
facilities are recommended for incorporation in ~lxe starter facility based on
its proximity to residential units.
Although we have not completed any market investigations with respect to the
potential performance of the course. we believe that it is a community amenity
which will produce significant value. Even as a small course it provides the
community with enhanced marketability to a ~arget market which is keen on
recreational activities and lifestyle and allows ~he project uo compete
effectively with other competitive communities offering a similar amenity. In
addition, the course produces substantial financial returns for the project by
allowing frontage premiums for the patio/townhomes aside from the operat~
revenue generated by the course itself~
Cohere&ate Care Livin~ Faci!i~
A 200-uni~ Congregate Care Living Facility has been designed in P]-~-ing
Area II, (See Table IX-S), with the unit mix of ~0 studio units, 80 1-bedroom
units, g0 2-bedroom units and a common area of 2~,000 square feat. The average
studio unit size in the project has be~n designed at ~20 square feet, while r. he
average 1-bedroom is ~S0 square feet. Units with 2-bedrooms have been designed
at 1,000 square feet. Con~on area features in the proJec~ are reconnnended t'
include kitchen facilities of approximately 1,000 square feet, dinin& facilities
with seatinK capacity of 130 interior seats and exterior patio 25 seats.
Recreation facilities should include: activity rooms for cards, television,
library and billiards; service facilities such as a beauty salon, barber shop
and conv-~4ence store; en exercise facility, apool/spa; end men*s and vomen's
locker rooms.
Achievable monthly rental rates expressed in 1992 dollars are estimated at 5998
per month for studio units, 51,500 per month for 1 bedroom units end 52,037 for
2 bedroom tmi~s. An achievable double occupancy £ee is at 3475 in 1992
dollars. Stablized occupancy has been projected at 90 percent, occurrinK in
1996. The recommended service packaZe included in ~he monthly rental fee is 45
meals per month, veekly maid and linen service, unit medical alert systems,
utilities and scheduled trn~portation.
I~KV.~/,OI~ F~OG~'M N~COIe,"Ju~UATIONS I'X-8
Cox~reSste Care Live-_- Facilit7
Development ProSfen Xec~endations
200
Averale'lhrl. t Size - Studio
- 1-Bedroom
- 2-Bedroom
420 sq. ft.
650 sq.
1000 sq.
Unit Mix Units Percentaae
- St"udio 40 20.0~
- 1-Bedroom 80 40.0%
- 2-Bedroom 80 40.0%
Renc&l Bates (1992)
Studio
1-Bedroom
2-Bedroom
Double Occupancy (additional)
998
1,502
2,037
475
Per So. Ft,
$ 2.37
2.3l
2,04
Stabilized Occupant7
Stabilized Year
Service Package Included imRentel Fee:
45 Meals Per Month
Weekly Maid and Linens
- Unit Medical Alert Sysc*m-
- Utilities
- Tr~-~porCation
Co~onLTea Featurea - Marketin~ OffiCe
- Kitchen Facilities
- DiDtn~ Facilities
- LounZe/Card Room
- Exercise Room
- Salon and Barber Shop
- Library
- T.V. Room
- Adminiscrative Office
- Convenience Shop
- Mail Room
- Billlard Room
- Pool/Spa
- Men's Locker Room
- Women's Lod3cer Room
parwt-[ (Joint with skilled nurs{-~ facility)
90.0%
1996
25,000 sq. ft.
1,000 sq. ft.
155 seats
175 spaces
DEVELOI'/~EFZ ~OG'~.~ I~CO~q~1)LTZORS
Skilled Nur~ipe/Personal Care Faciliw
A 50-bed skilled nursin2 facility linked to2e~her vi~h 50-unit personal care
facility is reconmended in Pl---~n2 Area III, (See Table IX-4). The linkaZe
betveen the tvo £acilities is a 12,200 square foot common area designed for
administrative or£iges, a d~-~n~ facility vt~h 60 Seats, kitchen facility o£
about 600 square feet, a lounZe/TV room and a library. The skilled nursin~
facility is recommended to have 6 private rooms and 4~ semi-private rooms. The
a~eraSe size or both the personal care ~cs and ~he skilled nursin~ rooms are
estimated at 400 square feet.
The achievable averaBe monthly service fee for personal care units is estimated
at $2,055, while skilled nursin~ rates for private end semi-private
accommodations are estimated at ~125 and ~100, respectively (1992 dollars).
Based on the occupancy characteristics of other facilities, an occupancy mix x
the proposed facility has been estimated as 50 percent private insurance~ 37
percent ~ediCal and 13 percent ~edicare. Stablized occupancy has been projected
at 90 percent for the skilled nutsin& facility and 85 percent for the personal
care facility. The first stablized year for bo~h the personal care facility and
the skilled nursin~ facility is pro3ected to be 1996.
Dzv~x,O~nn~ P~OCRAM N~ECOIe!II1TDATIOI~
Pl~"-t-~_ area Ill
Skitled BursinlfFersontt Care Facilt=y
Development Progin iecm~daCions
l,,ber of S!dlled Burst-_- Beds - Private
- Send-Private
HumbeT of persouse1 Care Units
AveraBe Unit Size - Personal Care
- Skilled Hursiz~
SidlledWors~x& Dai/,V FaCes (1992) - Private Boom
- SeBi-Private Boom
Personal Care aonraxlX Service Fee (1992) - - SizZle Occupancy
- Double Occupxucy (additional)
Skilled Burs~a20cu.~ancy Mix - Private Insurance
- MediCal
- MediCare
Stabilized Occupant7 - Skilled Nursin2
- Personal Care
Stabilized Year
CoemonArea Fea~es - Adm4-4strative Offices
- DininS Facilities (60 seats)
- Kitchen Facilities (1,000 sq. ft.)
- LotmSe Area/T.V. Boom
- Librat7
50
6
50
400
400
$125
95
~2,055
$450
50~C
37~
13~
90X
85~
1996
12,200
sq.
sq.
sq.
Senior-0rie~ted Connnunitw Center
X 2.49 acre parcel on ~he site has been set_aside for development as a senior-
oriented contempt7 center. It is assumed that this parcel viII be deeded to and
developed by the Cit? o~ Tenecula. Conversations with individuals in the City's
parks end recreation department identified the communities of Irvine and Rancho
Bernard0 as havin2 model facilities end proZr-~. As part o£ our market
analysis we conducted a surve~ of the centers in these comnnnlities as veil as a
n~mber of others.
In 8eneral, the facilities ranZed in size from approximately 10,000 to 15,000
square feet, situated on between 1 end 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
well.
The centers provide a .wide array of recreational programs and activities in
addition to a daily hot lunch program. These activities include card clubs,
educational classes, exercise classes, doctor screenings, legal advice, and
shopping and si~e-seeing excursions. The facilities provide services to between
100 and 250 seniors daily. Facility profiles for chose senior centers surveyed
follows.
Basic Features
SUBJECT TO C A-s'4GE
IRVINE SENIOR CENTER
Irvins, CA
Summary of Services
Nov-91
Operating Hours: 8:00am - 5:00pm M-F
Size: Approximately 2 Acres
Building: 11,000 SQFT
,, ', Single Story
Year Built: 1978
Contact Person:
Telephone Number:
Jeff Calhoun
714/724-6800
3 Sandburg Way
· Irvine, CA
|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 housing 10-12 card tables seating 4 persons
each; a multi-purpose room with an approximate capacity of 175 persons; a library; s full service kitchen; and
a ballroom with a stage.
Recreational Programs/Activities
Programs Coordinated with Local and State Programs
City-Sponsored TRIPS Program
OutTeach Program
Live Bands Playing Big Band-Era Music
Language Classes
Relaxation Classes
Aerobics
Billiards
Bingo
Cards
Board 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 equipmen~ and
furniture used by the center are donated. The staffing varies as the number of seniors and the number
of programs offered varies. Another source of funds is through ram[ 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 - 4:30pro M-F
Approximately 1 Acre
· SQFT Not Available
Single Story
1989
Con~c~ Person:
Telephone Number:
Address:
Francis Bass
619/487-9324
18402 Bernardo Drive
Rancho Bemardo, CA
92127
Recreational Facilities
The structure consists of approximately 6 offices, 3 of which bel0~g to the senior center for the
Director, Office Manager, and Staff; a large multi-purpose room (hall) v-n~ an approximate
capacity of 130 persons; a smaller multi-purpose room (hall) with an approximate capici~/
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 facility; and a sspars~e privately-owned tennis
court fqcili~y.
Recreational Programs/Activities
Dances
Cards (Bridge, Pinnocle, Etc.)
Fund Raising Events (Bake Sales, Walk-a-thons, Etc.)
Excercise Classes (Aerobics, Karate, ETC.)
Mad(care Consultation
Widow / Widower Group Meetings
Travel Club ( Small Trips)
Educational Classes (Writing, Geography, ETc.)
Fashion Shows
Bingo (Fridays)
Computer Classes
Legal Advice
Doctor Screenings
Lawn Bowling
Tennis
Food Services
No Daily Services
Pot Lucks and Picnics are Common
Comments
Employees:
Full-Time Director
NIl-Time Office Mana0er
Part-Time Maintenance Assis13m
Part-l~me Representative Provided by Adult Protective Services
Varying Part-Time Staff Depending on the Daily Activhies
This is s very active senior center with daily visits approximating 100-200 person=. Them are approximately
100 regular volunteers providing over2,000 hours of sent(ca per year. Staff and volunteers put out s
monthly newsiGner / calendar to all members. The local Chamber of Commerce dir~ributss limited copies
of the newsle~tar, and all mars ~fe mailed to the members only. The center receives no funding from
the city and minimal funding from the ~tate. It relies mainly on limited donations, extensive fund-raising,
and periodic hall rentals. The center is 2 ytars old and has approximately 1500 members, The center's
ecluipment and furniture are both donated and purchased.
Basic Fea~res
Operating Hours: .-' 8:00am - 5:00pm M-F
Size: Approximately 2 Acres
· -. Building: ' 15,400 SQFT
Tw~ Stow
Year Built: 1989 (New)
Summan/of Servica~' "~ ~ .t ~/~..~ ,~.: ~',~"t .-~ __
Co~ Pe~on: MaCAnn
Telephone Number: 619 / 4~127
Addrm: 799 P~e Avenue
Cad~ad, ~ 92008
Recreational Facilities
The structure is approximately 28,300 square feat in size, however, ~a senior center only occupies 54% or
15,400 scluara fee*, 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 feat in ~ize and divisible into 3 smaller rooms .
if needed; 4 offices - I for the coordinator and 3 for approximately 5 other full- and part-time ateif; a small
conference room; an art studio; a dance atudio; 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 Classea through Maricosta College
Foreign Language Classes
Musicals
Dances
Doctor Screenings (Skin, Eyes, Etc.)
Arts and Crafts
Movies
Legal Counseling (Mainly Wills)
Various Seminars
Board Games
Insurance Counseling
Travel Preaonuttjona
Nutrition Program
Live Bands
Bus Services
· Food Services
Lunch is aerved daily to seniors for a donation of $1.50 and to all others at a cost of $2.50. The average
menu consists of an appetizer, main course, fruit, vegetable, occasional dessert, and a choice of milk,
tea, or coffee which is served to approximately 150 persons a day. There is also a dagy "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 ere catered in from the local nu~i~jon center.
Comments
Full-Time Employees: Coordinator
Secretan/
Nutrition Site Manager
Part-Time Employees: 2 Facility Maintenance Assimn~s
3 Van Drivere
Management AsSistant to Coordinator
2 Receptionira
The center has approximately 15Q, rsgular volunteers who donate over 3,000 hours of their time per year.
The center receives most of its funding from the city parks and recreation fund as well as limited grants
from the American Agency on Aging. Additional revenues are obtained through facility rentals for
weddings. receptions. meetings. atc. The bugdang is share with the CarLtbad Unffied School District as
well as the local nutrition center. A newsletter / calendar is diiq~ibuted to all members on i monthly basis.
Basic Feelyres
Operating Hours:
Size:
Building:
Year Built:
8:00am - 4:00pm M-F
· Approximately 2 Acres
13,000 SQ FT
Single Story
1980
Contact Person:
Telephone Number:
Address:
Maureen
6191 966-4144
455 Country Club Lane
0ceanside, CA 92054
ReCreational Facilities
The ro'ucture consists 'of 3 offices - 1 housing ~e Director, I housing the Assistam Director, and 1 housing
paralegals, tax advisors, and insurance advisors; · large mUlti-purpose room used for the nu~jii~on and
recreation programs with an approximate capacity of 240 persane; a smaller multi-purpose room divisible
into either 1 large room with an approximate capacity of 150 persons or 6 smaller rooms with an approximate
capacity of 30 persons each; a full-service kitchen; and an outdoor facility for shuffleboard and horseshoes.
Recreational Programs/Activities
Seminars (Wilson Trust, Social Security, Medicare)
Exercise Classes
Line, Round, and Tap Dancing
Cards
Board Games
Blood Pressure Tests
Ear and Eye Exams
Fund-Raising (Craft .Fairs, Pancake Breakfaro, Raffles)
Travel Program
Legal Counseling
Educational Classes
Ar~ end Crafts
Choir Group
Nutrition Program
Shuffleboard
Horseshoes
Food Services
Lunch is served daily to seniors for a donation of $1.75 end to all others at a cost of $2.50. The average
menu consists of an .appeTber, 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.
Full-Time Employees:
Director
Assistant Director
Maintenance Assistant
Part-Time Employees:
2 Additional M~ntenance Assistants
The center has at least 12 regular volunteers on a dally basis and approximately 200 each month.
In addition, · volunteer or senior,member donates time daily as the center's receptionist The center
receives state funding mainly for its nutrition center and very limited city funding. It does amiss additional
funds through the renal of its facilities for weddings, receptions, meetings, etc. The income derived frr
rental activities is given back to the City of Oceanside for use in various city programs such as
the senior center. A newsletter / calendar is distributed To all members on l monthly basis.
Basic Features
Operating Hours:
Size:
Building:
Year Built:
9:00am - 5:00pro M-F
-Approximately 2 Acres
Approximately 15,000 SQ FT
Two Story
1976
Contact Person:
Telephone Number:
Address:
Ran Cole
714 1929-0086
305 East Devonshire
P.O. Box 387
Hemst, CA 92546
Recreational Facilities
The structure consists of 7 offices utilized by the center manager, information manager, volunteer
coordinator, nutrition manager, and various full- and part-time ~aff; a multi-purpose room with an approximate
capacity of 400 persons (divisible into 2 room if needed); a senior wing witJq an approximate capacity of
200 persons (divisible into 2 rooms if needed); e dining room with an approximate capacity of 180 persons;
and a full service kitchen.
Recreational Programs/Activities
NUtTitiO~q PrOgram
Prime of Life Program
Blood Pressure Tests
Medical Seminars
Occasional Doctor Screenings
Outreach Program
Travel Program
Housing Program
Sunday Sing-Atongs
Bus Services
Retired Senior Volunteer Program
Am and Craf~
Pennere Help Program
Cards
Board Games
Dancercise
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 consists of an appetizer, main course, froSt, 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.
Full-Time Employees: Center Manager
Information Manager
Nutrition Manager
Volunteer Coordinator
Staff Assistam
Part-Time Employees: Rental Assistant°for Set-Up and Cleaning
The center has approximately 12 dail~f volunteers assisting Is many Is 400 daily visitors. The center
receives a decent amount of city Jnd st3te funding and also has an occasional fund-raiser. In addition
to the employees listed above, the center also contracts with a local cleaning company for representatives
to come and clean the facilities on a regular basis. A newsletter / calendar is distributed to all
members on a monthly basis.
Basic Features
Operating Hours: 8:00am - 5:00pro M-F Contar, Person: Karen
S!ze: . Approximately 2 Acres Telephone Number: 619/323-5689
Building: 12,000 SQ FT _ Address: 480 South Sunrise
Single Story Palm Spdngs, CA
Year Built: 1990 92262
Recreational Facilities
The structure 'consists of approximately 6 offices which' are used by or for (1) ~e executive director,
{2) the administrative assistant, (3) the Outreach director, (4) Board meetings, (5) special meetings, and
(6} 6 office staff; a main lounge with a fireplace, sobs, and chairs for small conversations; an
auditorium with an approximate capacity of 285 persons; a multi-purpose room with an approximate
capacity of 150 persons; a full-service kitchen; a library; an am and crafts room; a community room;
and 5 counseling rooms.
Recreational Programs/Activities
Medical Counseling (Medicare, Prescription Drugs, Etc.)
Medical Screening
Blood Pressure Tests
Dance Classes
Exercise Classes
Arts and Crafts Classes
Distribution of Local Travel Agency Discounts
Fund-Raising (Senior Olympics, Black-Tie Ball, Senior Expo)
Seminars
Bingo
Foreign Language Classes
Orchestra Group
Choir Group
Board Games
Cards
Food Services
Lunch is served daily to guests of all[ages for a donation of $1.50. The average menu consists of
an al~petizer, main course, fruit, vegetable, dessert. and a choice of milk, tea, or coffee.
Comments
Full-Time Employees:
Executive Director
Administrative Assistant
Outreach Director
Secretary
Maintenance Assistant
Pan-Time Employees: Title 5 Program ,Representative Provided by the City of Riverside
The center has approximately 100 regular volumeera 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 rental of its facitilites for weddings, receptions, e~c.
A newsletter / calendar is distributed to ell members on a monthly basis.
ATTACHMENY NO. 13
MISCF, LL~kNEOUS CORRESPONDENCE
~ECE!V73 ·
July 2, 1992
· Mr. and Mrs. Robert Pipher
41825 Green Tree Road
Temecula, California 92592
Dear Bob and Dottie:
Jim Adare and I would like to thank you for taking the time to meet with us on the 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,
Kim W. Eldfidge
Director of Development
P.S. We will be setting up a meeting with John and Lindy Telesio when Jim returns from
his trip.
te
31950 Pauba ~ / Temeeula, A, tLh~,a 92592 / 714476-8111
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 Adam 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 Pauba Road / Tentada, California 92592 / 714-676-8111
RALPH DO~NETTE
~',h.,C't Ex~cullv~ (")lf~C~t
July 14, 1992
Mr. Kate1 Lindemans
City of Temecula
43172 Business Park
Temecula, CA 92390
Dre
To the Temecula Flanning Committee and City Council:
As Chief Executive Officer of Church Development Fund and Founder
of Christian Retirement living, Inc., I assure you of the vltal
interest Of the Christian Churches of the states of California and
Arizona in the Senior-Oriented Residential Community of Temecula.
We have been earnestly seeking a place for the senior members of
our 250 churches in California and the 60 churches in Arizona.
This development on the Linfield Christian School property appears
~o 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.
I= is my hope that the Planning Committee and City Council of
Temecula will give the green light to this most needed development.
The combination of Patio/Townhomes, Congregate Care and SKilled
Personal Care complex will provide a unique community for the
growing senior'population of Southern California. We would be mcst
pleased to direct the senior members of our churches to take
residence in euch a community.
Mo ncere,ly rs,
Ralp arnette
RD:lrl
A Financial Ministq/$etwng the Ch~lmn Churches Of Calitorn~!
905 S, Euclid Street, Fullsnon, CaHforrlia 926~12 Tolophone' (114) 447-0804 · FAX (114) ~41-8585