HomeMy WebLinkAbout091994 PC AgendaAGENDA
TEMECULA PLANNING COMMISSION
September 19, 1994, 6:00 PM
Rancho California Water District's
Board Room
42L~ Winchestea- Road
Temeeula, CA 92390
CALL TO ORDER:
ROLL CAT,L~.
PUBLIC COMMENTS
Chairman Ford
Blair, Fahey, Slavea, Webster and Ford
A total of 15 minutes is provided so members of the public can address the commi.~sioners 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
~led out and fled with the Commi-~sion 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. .Elect New Chairperson
2. Approval of Agenda
3. Brown Act
4. Director's Hearing Update
NON-PUBLIC HEARING ITEMS
5. Memorandum of Understanding for A~eess onto State Route 79
PUBLIC HEARING IiI~MS
6. Cue No:
Applicant:
Location:
Proposal:
Environmental Action:
Planner:
Recommendation:
7. Cue No:
Applicant:
Location:
Proposal:
Environrecital Action:
Planner:
Recommendation:
8. Cue No:
Applicant:
Location:
Proposal:
Environmental Action:
Planne~:
Recommendation:
PA No. 940078 (Minor Change - Tract 23100)
PA No. 94-0079 (Minor Change - Tract 23101)
PA No. 94-0080 (Revised Tract Map 23101)
Bramaiea California, Inc.
West of Buttorfield Stage Road, south of La Serena Way, east of
Meadows Parkway and North of Panclio California Road
Planning Application No, 940078 is a request for Condition of
Approval No, 20.c, of TM 23100 to be modified. Planning Application
No, 94-0079 is a request for Condition of Approval No, 23 of TM 23101
to be modified, Both modifications to the Conditions of Approval are
requested in orde~ to allow the consauction of park facilities in concert
with overall project phasing, Planning Application No. 94-0080 is a
request for a Revised Map for Tentative Tract Map No. 23103'to
combine 4 lots into one and reduce the total number of lots from 18 to
13. The proposal is also for a tentative map to be recorded in two
phases.
N/A
Matthew Fagan
Approve
Change of Zone No. 26
Drake Kennedy & Brien Kennedy
Southwasterly comer of Rancho California Road end Ridge Park Drive
Change of zoning designation from R-A-20 (Residential Agriculture, 20
acre minimum parcel)'to C-O (Commercial Office) for a 21 acre parcel
Proposed Negative Declaration
Craig Ruiz
Recommend Approval
Vesting Tract Map No. 25063 and Change of Zone No.
David Mulvaney
South side of Nicolas Road approximately 2000 fcet east of Calle Girasol
Subdivide a 20 acre parcel into 68 residential lots and 1 open space lot
and a Change of Zone Request from R-R-2% (Rural Residential 2:h acre
minire:Ill parcel size) to R-] (One-Family Dwelling) end R-S (Open
Spaco)
NIA
Craig Ruiz
Recommend Denial
R:XWIMBERVG~Ix,-,e.NCOMM%AGENDASXg-18*84 9114/94 vgw 2
Case No:
Applicant:
Location:
Proposal:
PA94-0017
Sanford Edward
East of Winchester Road on both sides of Nicolas Road and north of
North General Kearney Road
A request for approval of a Development Agreement for Tract No.
27827
Environmental Action: Negative Declaration
Planner: Saled Naaseh
Recommendation: Recommend Approval
Next meetingi November 7, 1994, 6:00 p.m., Rancho California Water District's Board Room, 42135
Winchester Road, Temecula, California.
PLANNING DIRECTOR'S REPORT
PLANNING COMMISSION DISCUSSION
OTHER BUSINESS
ADJOURNMENT
R:%WIMBERVG~q, ANCOMM%AGENDAS~.18*94 9/14~94 vgw 3
ITEM #3
LAW OFFICES
TELECOP, ER: (714) 756-5648
City of Temecula
Plnnnlnfi, COmmkSiOn Meetind~
September 19. 1994
WORKSHOP ON THE RALPH M. BROWN ACT
INTRODUCTION AND OVERVIEW
A. Brown Act Purpose.
"It is the intention of the [Brown Act] that [the actions of legislative bodies] be taken
openly and that their deliberations be conducted openly."
".. . The people, in delegating authority, do not give their public servants the fight
to decide what is good for the people to know and what is not good for them to
know. The people insist, on remaining informed so that they may retain control
over the instruments they have created." (Gov. Code Section 54950)
Histo~.
1. Fr~luent Amendments, and Attorney General interpretations, and Court decisions.
2. Major 1993 Revisions (Kopp Amendments).
3. 5B752 (1994) Cleanup Bill.
II.
TO WHOM AND WHEN DOES BROWN ACT APPLY?
Generally: The Brown Act applies to "legislative bodies" which must conduct their
business only at public "meetings" where they can consider only items of business listed on
"agendas".
i. 'All meetings.. . shall be open and public and all persons shall be permitted to
attend any meeting .... * (Government Code Section 54953(a)).
Who is governed by the Brown Act? Any group fitting new expanded definition of
"legislative body*: (Government Code Section 54952)
1. Governing body of any local agency, i.e., city councils.
Commissions, committees, boards or other bodies of a local agency created by
formal action of the city council or other legislative body, whether permanent,
temporary, advisory or decision-making.
"Less-than-a-quorum" exception now limited to cover only an ad hoc committee
consisting solely of legislative body members; cannot be a "standing committee",
i.e., have continuing subject matter jurisdiction, or meeting schedule fixed by formal
action of a legislative body.
4. Private entity's or corporation's governing board if either:
a. It is created by the City Council to exercise authority delegated to it.
It receives funds from the city and the Council appoints a council member m
sit on the board (governing body).
C. Meetings of Legislative Bodies; What is a Meeting?
"The Bwwn Act contemplates that legislative bodies of local agencies shall conduct
their business at either 'regular meetings' or 'special meetings'." (Stockton
Newspapers. Inc. v. Redevelopment Agency (1985))
All legislative bodies must establish specific time and place for holding regular
meetings. (Government Code Section 54954)
Special meetings can only be held after giving 24 hours advance notice to members
and local media. (Government Code Section 54956)
New expanded definition of "meetings" makes certain conduct and practices Brown
Act violations. (Government Code Section 54952.2)
Any congregation of a majority to hear or discuss any item within subject
matter jurisdiction of the legislative body.
(1) "Congregation' not defined.
Use of direct communication, personal intermediaries or technological
devices by a majority of the legislative body to develop a 'collective
concurrence' on action to take.
O)
For example, *serial meetings*
are violations.
5. Exceptions:
Individual contacts or conversations between a member of a legislative body
and any other person.
Public conferences on matters of general interest provided a majority do not
discuss among themselves, other than as part of the scheduled program,
business of a specific nature within the City's subject matter jurisdiction (i.e.,
"city business').
Publicized and public meeting to discuss a topic of local community concern
organized by someone other than the city provided a majority do not discuss
among themselves, other than as part of the scheduled program, city
business.
Open and noticed meeting of another body of the public agency, provided
that a majority do not discuss among themselves, other than as part of the
scheduled program, city business.
Purely social or ceremonial events, provided a majority do not discuss among
themselves city business. (Government Cede Section 54952.2(c))
6. Meetings must be held within City boundaries, unless:
a. Necessa~j to comply with state or federal law, or court order.
b. Need to inspect property which cannot be brought within city.
Participating in meeting of multi-agency significance so long as located
within one of the participating local agencies and is publicly noticed.
Meeting with elected or appointed officials of State or Federal government
when a local meeting is impracticable, solely to discuss a regulatory or
legislative issue affecting the City. (Government Code Section 54954(b))
The public has the fight to record the proceedings with audio, video or picture
camera, unless legislative body makes a finding that the noise, illumination or
obsm~clion of view causes a persistent disruption. (Government Code Section
54953.5)
Any tape or films of die meeting done by the City shall be available for public
inspection and copying, but may be erased or destroyed 30 days after the meeting.
Mating available to the public written material given to members of a legislative body.
(Government Code Section 54957.5)
1. What materials?
a. Writings diswibuted to at least a majority of legislative body; and
If distributed in connection with a matter subject to discussion or
consideration at a public meeting.
2. When made available?
a. If distributed other than at a meeting, upon request without delay.
If distributed at a meeting: (i) by staff or a member of the legislative body, it
must be made available during the meeting; or (ii) if distributed by someone~
else, then can be made available after the meeting.
No requirement to give to the public confidential material distributed by city
attorney, or other material exempt under the Public Records Act.
Documents given final approval during closed session must be given to any person
present after the closed session who has previously requested such documents
pursuant to certain request procedures. (Government Code Section 54957.1Co); see
paragraph IV.H. below)
E. Agendas for all Meetings.
1. Regular Meetings
Agenda must be prepared and posted at least 72 hours before meeting and
made available to public. (Government Code Sections 54954.2 and 54957.5)
Agenda must contain a brief general description of all items to be discussed
or acted upon.
New specifically recommended generic descriptions for closed session
topics: For example, conference with real property negotiators; legal
counsel; action on liability claims; employee appointment,
performance review, discipline and termination. (Government Code
Section 54954.5)
2. Special Meetings
Notice and call must state all business to be transacted or discussed.
(Government Code Section 54956)
b. Notice and call must be posted at least 24 hours prior to meeting.
DISCUSSION AND ACTION ON ITEMS NOr AGENDIZED
A. Public has the right to address the legislative body.
1. Regular Meetings - Public can address the legislative body concerning items of
'interest to the public.. . within the subject matter jurisdiction of the city. '
2. Special meetings - Public has the right only to address items listed in the notice.
3. Cannot prohibit public criticisms of city policies, procedures, programs or services,
or acts or omissions of the legislative body. (Government Code Section 54954.3(c))
B. Generally, Brown Act provides that legislative body can only discuss and act on items
described on the agenda. (Government Code Section 54954.2)
1. Exceptions:
a. LegiSlative body member or staff person may 'briefly respond' to questions
or comments by the public.
b. Member or staff person may ask a question for clarification, make a brief
announcement, or a brief report on his or her own activities.
c. Subject to its own rules, a legislative body or one of its members may
provide a reference to staff or elsewhere for factual information, request staff
to report back at a later meeting on any matter, or direct a matter to be
placed on a future agenda.
IV.
Procedure to Discuss/Act on Off-Agenda Item
1. By majority vote determine an emergency situation exists per Section 54956.5.
(crippling disaster, work stoppage or other activity impairing public health or safety)
By a 2/3 vote (or unanimous ff less then 2/3 present) determine:
a. There is a v___,~_ to take immediate action on a specified matter; and
b. This need came to the City's attention after the agenda was posted.
For Special Meetings - cannot add off-agenda items because can only discuss items
listed in the notice. (Government Code Section 54956)
CLOSED SESSION ITEMS
A. Items discussed in closed session must be described on the agenda and publicly announced
before the closed session. (Government Code Sections 54957.7(a), 54954.2, and
54956.9(c))
1. Generic closed session item descriptions are suggested in the Brown Act for use on
agendas. (Government Code Section 54954.5)
B. License/Permit Determination: To determine if license applicant with criminal record is
rehabilitated. (Government Code Section 54956.7)
C. Conference with Real Property Negotiator (Government Code Section 54956.8)
1. Can involve a purchase, sale, exchange or lease.
2. To grant authority to city's negotiator regarding price and terms of payment.
D. Pending Litigation (Government Code Section 54956.9)
1. Can meet with city attorney to confer with and receive advice on "pending
litigation."
2. Litigation includes any adjudicatory proceeding before a court, administrative body
exercising adjudicatory authority, hearing officer, or arbitrator.
3. Three categories of "pending litigation":
a. Case already formally initiated, e.g., legal papers filed with the court.
Based on "existing facts and circumstances" there is significant exposure to
litigation. Or, legishtive body is meeting only to determine if significant
exposure exists.
c. Legislative body is deciding (or has decided) to initiate litigation.
The agenda or a public announcement must disclose which category is to be
discussed; can refer to section's subdivision applicable.
New definition provides that "existing facts and circumstances" can consist of only:
(Government Code Section 54956.9Co)(2))
Facts and circumstances that might result in litigation against the city but
which are not known to potential plaintiff.
Facts and circumstances (such as an accident or transactional occurrence) that
might result in litigation against the city which are known to potential
plaintiff.
(1)
These facts must be publicly stated
on agenda or announced.
Receipt of a claim or letter threatening to sue the city. This document must
be available for public inspection.
d. Oral threat to sue city on a specific matter made at a public meeting.
Oral threat to sue city on a specific matter not made at a public meeting, but
the city official or employee receiving knowledge of the threat makes a
wfitten report on it before closed session. This report must be made
available for public inspection.
Public Employee Appointment/Employment, Performance Evaluation, or
Discipline/Release.
If deals with complaints or charges against an employee by another person, the
employee must be given a 24-hour advance written notice of his fight to have the
matter heard in open session.
"Employee" includes a city officer or independent contractor who serves as such;
does not include an elected official, member of a legislative body or other
independent contractors.
Now expressly prohibits discussion or action on proposed compensation, except a
reduction in compensation for discipline. (Government Cede Section 54957) But
can discuss compensation with labor negotiator, though cannot take final action on
it. (See pangraph F.3. below.)
Conference with Labor Negotiator. (Government Cede Section 54957.6)
Can meet with city's labor negotiator regarding salaries, ~alary schedules, or fringe
benefits for represent~l and unrepresented employees; and matters subject to meet
and confer process for represented employees.
Negotiations may include discussions of city's available funds and funding priorities,
but only as needed to insU'uct negotiator.
3. Cannot take final action on compensation of one or more unrepresented employee.
Public leport Required on Certain Actions Taken. (Government Cede Section 54957.1)
The legislative body must reconvene and report upon certain actions and the votes
and abstentions:
Real estate negotiations -- Report required if approval is of a final agreement'
if other party still needs to approve, once city learns of that party's approx
the substance of the agreement must be disclosed to any person who inquires.
Approval for city attorney to initiate litigation -- Report required need not
give particulars but must announce approval was given to file a lawsuit and
that once it is filed the particulars will be disclosed to any person who
inquires, unless it would jeopardize the city's interests.
Approval for city attorney to defend or appeal (or not appeal), or join as
amicus curiae in any pending case -- Report must identify other litigants and
nature of the case.
Approval for city attorney to settle pending case -- Report required if
settlement is final; if other party or court still needs to approve, once it is
final the substance of the settlement must be disclosed to any person who
inquires.
Action taken affecting employee's status (e.g., hiring, dismissing, accepting
resignation) -- Report must describe the action and identify the position. But,
where action is dismissal or non-renewal of employment contract report shall
be deferred until the first meeting after exhaustion of administrative
remedies.
H. Distribution to Public of Documents Given Final Approvals. (Government Code Section
54957.1 (b))
1. Requester must be present at end of closed session.
Requester must either have filed written request for documents within 24 hours of
agenda's posting, or have on file a standing request for documents per Sections
54954.1 or 54956.
These documents must be available to any person on the next business day after the
meeting.
ENFORCEMENT ACTIONS/CRI]v~NAIJCIVIL
A. Criminal Prosecution. (Government Code Section 54959)
A member of a legislative body who attends a meeting in violation of the Brown Act
is guilty of a misdemeanor if both:
"Action is taken" by the legislative body, i.e., an actual vote is taken, or a
collective decision, commitment or promise is made by a majority to make a
positive or negative decision. (Gov. Code 54952.6)
The member intends to deprive the public of information to which the
member knows or has reason to know the public is entitled.
B. Civil Enforcement Actions.
Enforcement actions can be brought by the district attorney or any interested person
to get a court to order the stopping of any violations of the Brown Act, or to
determine the validity of any council rule or action that discourages the expression
of any of its members. (Gov. Code Section 54960)
Can seek court order requiting legislative body to tape record its closed sessions
which may subsequenfiy be reviewed and released by a court in a future
enforcement ease.
Can seek court order voiding certain actions taken in violation of the Brown Act.
(Coy. Code Section 54960.1)
Must first make a written demand upon the legislative body to cure or correct
the violation. Demand must be made within 30 days of the date of any
action taken in open session in violation of Section 54954.2 (agenda
requirements), or within 90 days for all other violations.
Legishtive body has 30 days from _receipt of the demand to cure the viola
and inform the demanding party.
(1)
Cure of alleged Brown Act defect is not admissible evidence in civil
or criminal action--i.e., not an admission but can miss a critical
deadline.
If unsatisfied, the demanding party must file its lawsuit within 15 days after
receipt of the legishtive body's notice, or the end of the 30-day cure period,
whichever is earlier, or be barred from such a legal challenge.
Certain actions, due to their nature, cannot be voided, e.g., if it involves
bonds, collection of taxes, contracts competitively bid.
4. Payment of attorney fees and costs. (Government Code Section 54960.5)
If court finds city violated Brown Act, court may require city to pay
plalntiff's reasonable attorney fees and costs.
If court finds city did not violate the Act, and the lawsuit was "clearly
frivolous and totally lacking in merit", court may require plaintiff to pay
city's legal fees and cost.
VI. QUESTIONS AND ANSWERS
10
Text of the
Ralph M. Brown Act
April 1, 1994
(Reflecting Changes Made by
AB 1426, SB 36, SB 11407 and SB 7S2)
Additional copies may be purchased for $2.50 each, including sales tax, shipping and
handling.
PLEASE CONTACT:
League of California Cities
Publications Unit
1400 K Street. 4th floor
Sacramento, CA 95814
916/~.~?-5790
CONT~:NTS
54950.
54950.5.
--- 54951.
54952.
54952.1.
54952.2.
54952.6.
54952.7.
54953.
54953.1.
54953.3.
54953.5.
54953.6.
54953.7.
54954.
54954.1.
54954.2.
Declaration of intent; soverei~ty ....................... 1
Shorx title ......................................... 1
Local agency, definition ............................... 1
Legislative body, definition ............................ 1
Member of a legislative body, definition .................. 2
Meeting, definition .................................. 2
Action taken, definition ............................... 3
Copies of chapter to members of legislative body of loca~
agencies .......................................... 4
Meetings to be open and public; attendance; video
teleconferencing; secret ballots ......................... 4
Testimony of members before grand jury .................. 4
Conditions to attendance .............................. 5
Recording of meetings ............................... 5
Broadcast of proceedings .............................. 5
Allowance of greater access to meetings than minimal
standards in this chapter .............................. 6
TLme and place of regular meetings; holidays; emergencies ....6
Mailed notice to persons who filed written request; time;
duration and renewal of requests; fees .................... 7
Agenda posting; action on other matters .................. 8
L~.agu~ of Cs~omia Cltl~ ~ 1, L994
549543.
54954.4.
54954.5.
54954.6
54955.
54955.1.
54956.
54956.5.
54956.6.
54956.7.
54956.8.
54956.9.
54956.95.
54957.
54957.1.
54957.2.
54957.5.
Opportunity for public to address legislative body; adoption
of regulations ...................................... 9
Reimbursements to local agencies and school districts for
costs ............................................ 10
Closed session agenda descriptions' . .................... 10
New or increased taxes or assessments; hearings; notice ...... 14
Adjournment; adjourned meetings ...................... 17
Continuance ...................................... 18
Special meetings; call; notice .......................... 18
Emergency meetings in emergency situations .............. 18
Fees ............................................ 19
Closed sessions; license applications; rehabilitated criminals... 19
Real property transactions; closed meeting with negotiator .... 20
Pending litigation; closed session; attorney-client privilege;
notice; memorandum ............................... 20
Closed sessions; insurance pooling; tort liability losses; public
liability losses; workers' compensation liability ............. 23
Closed sessions; threat to public services; personnel matters;
exclusion of witnesses; "employee" defined; discussion of
compensation ..................................... 23
Closed sessions; public report of action taken ............. 24
Minute book record of closed sessions; inspection .......... 26
Agendas and other writings distributed for discussion or
consideration at public meetings; public records; inspection;
closed sessions .................................... 27
54957.6.
54957.7.
54957.8.
54957.9.
54958.
54959.
54960.
54960.1.
54960.5.
54961.
54962.
.' iii
Closed sessions; legislative body of local agencies; salaries,
salary schedules or fringe benefits; mandatory subjects;
'employee~ defined; discussion of budget priorities ..........27
Closed sessions; disclosure of items to be discussed; notice . ..28
Closed sessions; legislative body of a multijurisdictional drug
law enforcement agency ............................. 29
Disorderly conduct during meeting; clearing of room ........29
Application of chapter ............................... 29
Penalty for unlawful meeting ..................... z .... 30
Action to prevent violations or determine applicability of
chapter .......................................... 30
Unlawful action by legislative body; action for mandamus or
injunction; prerequisites ............................. 31
Costs and attorney fees .............................. 33
Use of facility allowing discrimination; disclosure of victims'
identities ......................................... 33
Closed session by legislative body prohibited ..............34
Leagin of Cal~or~a Cal~s A4wll 1, ~
Tm ot tt~ R~lph M. Bm ~
THE RALPH M..BROWN ACT'
54950.
Declaration of intent; sovereignty
In enacting this chapter, the Legislature finds and declares that the public
commissions, boards and councils and the other public agencies in this State exist to aid
in the conduct of the people's business. It is the intent of the law that their actions be
taken openly and that their deliberations be conducted openly.
The people of this State do not yield their sovereignty to the agencies which serve
them. The people, in delegating authority, do not give their public servants the right to
decide what is good for the people to know and what is not good for them to know. The
people insist on remaining informed so that they may retain control over the inswuments
they have created.
54950.5. Short title
This chapter shall be known as the Ralph M. Brown Act.
54951.
Local agency., definition
As used in this chapter, "local agency" means a county, city, whether general law
or chartered, city and county, town, school district, municipal corporation, district,
political subdivision, or any board, commission or agency thereof. or other local public
agency..
54952.
Legislative body, definition
As used in this chapter, "legislative body" means:
(a) The governing body of a local agency or any other local body created by
state or federal statute.
All section references are to the Government Code, unless otherwise indicated.
of C. ali[omia CRies
2 Text of the Rddpb M. Bmwu A~
(b) A commission, committee, board, or other body of a local agency, whether
permanent or temporary, decisionmaking or advisory, created by charter, ordinance,
resolution, or formal action of a legislative body. However, advisory committees,
composed solely of the members of the legislative body which are less than a quorum of
the legislative body are not legislative bodies, except that standing committees of a
legislative body, irrespective of their composition, which have a contimfing subject matter
jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal
action of a legislative body axe legislative bodies for purposes of this chapter.
(c) A board, commission, committee, or other multimember body that governs
a private corporation or entity that either:
(1) Is created by the elected legislative body in order to exercise
authority that may lawfully be delegated by the elected governing body to a
private corporation or entity.
(2) Receives funds from a local agency and the membership of whose
governing body includes a member of the legislative body of the local agency
appointed to that governing body by the legislative body of the local agency.
(d) The lessee of any hospital the whole or pan of which is first leased
pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January
1, 1994, where the lessee exercises any material authority of a legislative body of a local
agency. delegated to it by that legislative body whether the lessee is organized and
operated by the local agency or by a delegated authority.
54952.1.
Member of a legislative body, definition
Any person elected to serve as a member of a legislative body who has not yet
assumed the duties of office shall conform his or her conduct to the requirements of this
chapter and shall be treated for purposes of enforcement of this chapter as if he or she
has already assumed office.
549522.
Meeting, definition
(a) As used in this chapter, "meeting" includes any congregation of a majority
of the members of a legislative body at the same time and place to hear, discuss, or
deliberate upon any item that is within the subject mauer jurisdiction of the legislative
body or the local agency to which it pertains.
(b) Except as authorized pursuant to Section 54953, any use of direct
communication, personal intermediaries, or technological devices that is employed by a
majority of the members of the legislative body to develop a collective concurrence as to
action to be taken on an item by the members of the legislative body is prohibited
Text of the Ralph NL Browx, Ac~ ~
(c) Nothing in this section shall impose the requirements of this chapter upon
any of the following:
(1) IndMdual contacts or conversations between a member of a
legislative body and any other person.
(2) The attendance of a majority of the members of a legislative body at
a conference or similar gathering open to the public that involves a discussion of
issues of general interest to the public or to public agencies of the type
represented by the legislative body, provided that a majority of the members do
not discuss among themselves, other than as part of the scheduled prograrn~
business of a specific nature that is within the subject matter jurisdiction of the
local agency. Nothing in this paragraph is intended to allow members of the
public free admission to a corfference or similar gathering at which the organizers
have required other participants or registrants to pay fees or charges as a
condition of attendance.
(3) The attendance of a majority of the members of a legislative body at
an open and publicized meeting organized to address a topic of local community
concern by a person or organization other than the local agency, provided that a
majority of the members do not discuss among themselves, other than as part of
the scheduled program, business of a specific nature that is within the subject
matter jurisdiction of the legislative body of the local agency,.
(4) The attendance of a majority of the members of a legislative body at
an open and noticed meeting of another body of the local agency, provided that a
majority of the members do not discuss among themselves, other than as part of
the scheduled meeting, business of a specific nature that is within the subject
matter jurisdiction of the legislative body of the local agency.
(5) The attendance of a majority of the members of a legislative body at
a purely social or ceremonial occasion, provided that a majority of the members
do not discuss among themselves business of a specific nature that is within the
subject matter jurisdiction of the legislative body of the local agency.
54952.6.
Action taken, definition
As used in this chapter, "action taken" means a collective decision made by a
majority of the members of a legislative body, a collective commitment or promise by a
majority of the members of a legislative body to make a positive or a negative decision,
or an actual vote by a majority of the members of a legislative body when sitting as a
body or entity, upon a motion, proposal, resolution, order or ordinance.
League of Carltonfit Cities April 1, D94
4 Tutorthe R~IphM, BemmM
54952.7.
Copies of chapter to members of legislative body of local agencies
A legislative body of a local agency. ma.v require that a copy of thi~ chapter be
given to each member of the legislative body and any person elected to serve as a
member of the legislative body who has not assumed the duties of office. An elected
legislative body of a local agency may require that a copy of thi~ chapter be given to
each member of each legislative body all or a majority of whose members are appointed
by or under the authority of the elected legislative body.
54953.
Meetings to be open and public; attendance; video teleconferencing;
secret ballots
(a) All meetings of the legislative body of a local agency shall be opet~ and
public, and all persons shall be permitted to attend any meeting of the legislative body of
a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a
local agency may use video teleconferencing for the benefit of the public or the
legislative body of a local agency in connection with an.v meeting or proceeding
authorized by law.
(2) The use of video teleconferencing, as authorized by this chapter,
shall be limited to the receipt of public comment or testimony by the legislative
body and to deliberations of the legislative body.
(3) If the legislative body of a local agency elects to use video
teleconferencing, it shall post agendas at all video teleconference locations and
adopt reasonable regulations to adequately protect the statutory or constitutional
rights of the parties or the public appearing before the legislative body of a local
agency.
(4) The term '~,ideo teleconference" shall mean a system which provides
for both audio and visual participation between all members of the legislative
body and the public attending a meeting or hearing at any video teleconference
location.
(c)
or final.
No legislative body shall take action by secret ballot, whether preliminary
54953.1.
Testimony of members before grand jury
The provisions of this chapter shall not be construed to prohibit the members of
the legislative body of a local agency from giving testimony in private before a grand
jury, either as individuals or as a body.
Textot'thehlpbM. BmAa ~
Conditions to attendance
A member of the public shall not be required, as a condition to attendance at a
meeting of a legislative body of a local agency, to register his or her name, to provide
other information, to .complete a questionnaire, or otherwise to fulfill any condition
precedent to his or her attendance.
If an attendance list, register, questionnaire, or other similar document is posted
at or near the entrance to the room where the meeting is to be held, or is circulated to
the persons present during the meeting, it shall state clearly that the signing, registering,
or completion of the document is voluntary, and that all persons may attend the meeting
regardless of whether a person signs, registers, or completes the document.
54953.5.
Recording of meetings
(a) Any person attending an open and public meeting of a legislative body of a
local agency shall have the right to record the proceedings with an audio or video tape
recorder or a still or motion picture camera in the absence of a reasonable finding by
the legislative body of the local agency. that the recording cannot continue without noise,
illumination, or obstruction of view that constitutes, or would constitute, a persistent
disruption of the proceedings.
(b) Any tape or film record of an open and public meeting made for whatever
purpose by or at the direction of the local agency shall be subject to inspection pursuant
to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title I), but, notwithstanding Section 34090, may be erased or destroyed 30
days after the taping or recording. Any inspection of a video or tape recording shall be
provided without charge on a tape player made available by the local agency.
54953.6.
Broadcast of proceedings
No legislative body of a local agency shall prohibit or otherwise restrict the
broadcast of its open and public meetings in the absence of a reasonable finding that the
broadcast cannot be accomplished without noise, illumination. or obstruction of view that
would constitute a persistent disruption of the proceedings.
Lt.a~q~ of Califor~n Cities Apt'd 1~ ~
6 Tat of the R&lph M. BamatAa
54953.7.
AHowance of greater access to meetings than minimal standards in
this chapter
Notwithstanding any other provision of law, legislative bodies of local agencies
my impose requirements upon themselves which allow greater access to their meetin~
than prescribed by the minimal standards set forth in this chapter. In adoption thereto,
an elected legislative body of a local agency may impose such requirements on those
appointed legislative bodies of the local agency of which all or a majority of the
members are appointed by or under the authority of the elected legislative body.
54954.
Time and place of regular meetings; holidays; emergencies
(a) The legislative body of a local agency. shall provide, by ordinance,
resolution, bylaws, or by whatever other rule is required for the conduct of busilless by
that body, the time and place for holding regular meeting.
(b) Regular and special meetings of the legislative body shall be held w~thin
the boundaries of the territory over which the local agency exercises jurisdiction except
to do any of the following:
(1) Comply with state or federal law or court order, or attend a judicial
or administrative proceeding to which the local agency is a party.
(2) Inspect real or personal property which cannot be conveniently
brought within the boundaries of the territory over which the local agency
exercises jurisdiction provided that the topic of the meeting is limited to items
directly related to the real or personal property.
(3) Participa{e in meetings or discussions of multiagency signi~canc~
that are outside the boundaries of a local agency's jurisdiction. However, any
meeting or discussion held pursuant to this subdivision shall take place w~thln the
jux4.sdiction of one of the participating local agencies and be noticed by all
participating agencies as provided for in this chapter.
(4) Meet in the dosest meeting facility if the local agency has no
meeting facility within the boundaries of the territory over which the local agency
exercises jurisdiction, or at the principal office of the local agency if that office is
located outside the territory over which the agency exercises jurisdiction.
(5) Meet outside their immediate jurisdiction with elected or appointed
officials of the United States or the State of California when a local meeri-~
would be impractical, solely to discuss a legislative or regulatory issue affect~n~
the local agency and over which the federal or state officials have jttrisdiction.
Text or t~e hipis M, Brown Art
7
(6) Meet outside their immediate jurisdiction if the meeting takes place
in or nearby a facility owned by the agency, provided that the topic of the meeting
is limited to items directly related to the facility.
(7) Visit the office of the local agen.cy's legal conreel for a dosed
session on pending litigation held pursuant to Section 54956.9, when to do so
would reduce legal fees or costs.
(c) Meetings of the governing board of a school district shall be held within
the district except under the circumstances enumerated in subdivision (b), or to do any
of the followi.ng:
(1) Attend a conference on nonadversarial collective bargaining
techniques.
(2) Interview members of the public residing in another district with
reference to the trustees' potential employment of the superintendent of that
district.
(3) Interview a potential employee from another district.
(d) Meetings of a joint powers authority shall occur within the territory of at
least one of its member agencies. or as provided in subdivision (b). However, a joint
powers authority which has members throughout the state may meet at any facility in the
state which complies with the requirements of Section 54961.
(e) If, by reason of fire, flood, earthquake, or other emergency, it shall be
unsafe to meet in the place designated. the meetings shall be held for the duration of
the emergency. at the place designated by the presiding officer of the legislative body or
his or her designee in a notice to the local media that have requested notice pursuant to
Section 54956, by the most rapid means of communication available at the time.
54954.1.
Mailed notice to persons who filed written request; time; duration
and renewal of requests; fees
The legislative body which is subject to the provisions of this chapter shall give
mailed notice of every regular meeting, and any special meeting which is called at least
one week prior to the date set for the meeting to any person who has ~ed a written
request for that notice with the legislative body. Any mailed notice 'required pursuant to
this section shall be mailed at least one week prior to the date set for the meeting to
which it applies except that the legislative body may give the notice as it deems practical
of special meetings called less than seven days prior to the date set for the meeting.
League or Callroflzla Clfie~ Aprtl!, ~
Tat of the ~tyb M. ~mm Att
Any request for notice filed pursuant to thi~ section shall be valid for one year
from the date on which it is fLIed unless a renewal request is filed. Renewal requests for
notice shall be filed within 90 days after January 1 of each year.
The failure of any person to receive the notice given pursuant to thi_~ section shall
not constitute grounds for any court to invalidate the actions of the legislative body for
which the notice was given.
The legislative body may establish a reasonable annual fee for sending the notice
based on the estimated cost of providing the sentice.
549542.
Agenda posting; action on other matters
(a) At least 72 hours before a regular meeting the legislative body o~ the local
agency, or its desiguee, shall post an agenda containing a brief general description of
each item of business to be transacted or discussed at the meeting, including items w be
discussed in closed session. A brief general description of an item generally need not
exceed 20 words. The agenda shall specify the time and location of the regular meeting
and shall be posted in a location that is freely accessible to members of the public.
No action or discussion shall be undertaken on any item not appearing on the
posted agenda, except that members of a legislative body or its staff may briefly respond
to statements made or questions posed by persons exercising their public testimony fights
under Seaion 54954.3. In addition, on their own initiative or in response to questions
posed by the public, a member of a legislative body or its staff may ask a question for
clarification, make a brief announcement, or make a brief report on his or her own
activities. Furthermore, a member of a legislative body, or the body itself, subject to
rules or procedures of the legislative body, may provide a reference to staff or other
resources for factual information, request staff to report back to the body at a
subsequent meeting concerning any matter, or take action to direct staff to place a
matter of business on a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on
items of business not appearing on the posted agenda under any of the conditions stated
below. Prior to discussing any item pursuant to thi~ subdivision, the legislative body shall
publicly identify the item.
(1) Upon a determination by a majority vote of the legislative body that
an emergency situation exists, as defined in Section 54956.5.
Text
(2) Upon a determination by a two-thirds vote of the legislative body,
or, ff less than two-thirds of the members are present, a unanimous vote of those
members present, that there is a need to take immediate action and that the need
for action crone to the attention of the local agency subsequent to the agenda
being posted as specified in subdivision (a).
(3) The item was posted pursuant W' subdivision (a) for a prior meeting
of the legislative body occurring not more than five calendar days prior to the
date action is taken on the item, and at the prior meeting the item was continued
to the meeting at which action is being taken
54954,~.
Opportunity for public to address legislative body; adoption of
regulations
(a) Every agenda for regular meetings shall provide an opportunity for
members of the public to directly address the legislative body on any item of interest to
the public, before or during the legislative body's consideration of the item, that is within
the subject matter jurisdiction of the legislative body, provided that no action shah be
taken on any item not appearing on the agenda unless the action is otherwise authorized
by subdivision {b) of Section 549542. However, the agenda need not provide an
opportunity for members of the public to address the legislative body on any item that
has already been considered by a committee, composed exclusively of members of the
legislative body, at a public meeting wherein all interested members of the public were
afforded the opportunity to address the committee on the item, before or during the
cornmiuee's consideration of the item, unless the item has been substantially changed
since the committee heard the item, as determined by the legislative body. Every notice
for a special meeting shall provide an opportunity for members of the public to directly
address the legislative body concerning any item that has been described in the notice for
the meeting before or during consideration of that item.
(b) The legislative body of a local agency may adopt reasonable regulations to
ensure that the intent of subdivision (a) is carried out, including, but not limited to,
regulations limiting the total amount of time allocated for public testimony on particular
issues and for each individual speaker.
(c) The legislative body of a local agency shah not prohibit public criticism of
the policies, proced.ures, programs, or services of the agency, or of the acts or omi-~gious
of the legislative body. Nothing in thig subdivision shall confer any privilege or
protection for expression beyond that otherwise provided by law.
Leq~otCalitova~Cah, Areill, IS94
54954.4.
Reimbursements to local agencies and school districts for costs
(a) The Legislature hereby fin& and declares that Section 12 of Chapter 641
of the Statutes of 1986, authorizing reimbursement to local agencies and school districts
for costs mandated by the state pursuant to that act, shall be interpreted stricdy. The
intent of the Legislature is to provide reimbursement for only those costs which are
clearly and unequivocally incurred as the direct and necessary result of compliance with
Chapter 641 of the Statutes of 1986.
(b) In this regard, the Legislature directs all state employees and officials
involved in renewing or anthorizin$ claims for reimbursement, or otherwise participating
in the reimbursement process, to rigorously review each cinlm and authorize only those
claims, or parts thereof, which represent costs which are clearly and unequivocally
incurred as the direct and necessary result of compliance with Chapter 641 of the
Statutes of 1986 and for which complete documentation exists. For purposes of Section
54954.2, costs eligible for reimbursement shall only include the actual cost to post a
single agenda for any one meeting.
(c) The Legislature hereby finds and declares that complete, faithful, and
-ninterrupted compliance with the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950) of Part I of Division 2 of Tifie 5 of the Government Code) is a matter of
overriding public importance. Unless specifically stated, no future Budget Act, or related
budget enactments, shall, in any manner, be interpreted to suspend, eliminate, or
otherwise modify the legal obligation and duty of local agencies to fully comply with
Chapter 641 of the Statutes of 1986 in a complete, faithful, and uninterrupted mnnner.
54954.5.
Closed session agenda descriptions
For purposes of describing closed session items pursuant to Section 54954.2, the
agenda may describe ciosed sessions as provided below. No legislative body or elected
official shall be in violation of Section 54954.2 or 54956 if the ciosed session items were
described in substantial compliance with this section- Substantial compliance is satisfied
by including the information provided below, irrespective of its formal
(a) With respect to a closed session held pursuant to Section 54956.7:
LICENSE/PERMIT DETERMINATION
Applicant(s): (Specify number of applicants)
Text of the Ralph NL Brown Art ll
(b) With respect to every item oi business to be discussed in closed session
pursuant to Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property:. (Specify street address, or if no street address, the parcel
number or other unique reference~ of the real property under
negotiation)
Negotiating parties: (Specify name of party (not agent))
Under negotiation: (Specify whether instruction to negotiator will
concern price, terms of payrnent, or both)
(c) With respect to every item of business to be discussed in closed session
pursuant to Section 54956.9:
CONFERENCE WITH 1 gGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Name of case: (Specify by reference to claimant's name, names of
panics, case or claim numbers)
or
Case name unspeci~ed: (Specify, whether disclosure would
jeopardize service of process or existing settlement negotiations)
CONFERENCE .WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9: (Specify number of potential cases)
(In addition to the information noticed above, the agency may be
required to provide additional information on the agenda or in an
oral statement prior to the closed session pursuant to subparagraphs
(B) to (E), inclusive, of paragraph (3) of subdivision (b) of Section
54956.9.)
Initiation of Htigation pursuant to subdivision (c) of Section 54956.9:
(Specify number of potential cases)
Lt..agye ot Ctliformia Cities April
(d) With respect to every item of business to be discussed in dosed session
pursuant to Section 54956.95:
I JABIt ]TY CLAIMS
Claimant: (Sp~ffy name unless urt~pecified pursuant to Section
54961)
Agency claimed against: (Specify ,~me)
(e) With respect to every item of business to be discussed in closed session
pursuant to Section 54957:
THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: (Specify name of law enforcement agency and
title of officer)
PUBLIC EMPLOYEE APPOINTMENT
Title: (Specify description of position to be filled)
PUBLIC EMPLOYMENT
Title: (Specify description of position to be filled)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: (Specify position title of employee being reviewed)
PUBLIC EMPLOYEE DISCIPI-INE/DISMISSAL/REI-F. ASE
(No additional information is required in connection with a dosed
session to consider discipline, dismissal, or release of a public
employee. Discipline includes potential reduction of compensation.)
Tat or t~, ~ M. Brain ~ 1~
(O With respect to every item of business to be discussed in closed session
pursuant to Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: (Specify name)
Employee organization: (Specify name of organiTation representing
employee or employees in question) '
Or
Unrepresemed employee: (Specify position title of unrepresented
employee who is the subject of the negotiations)
(g) With respect to closed sessions called pursuant to Section 54957.8:
CASE REVIEW/PLANNING
(No additional information is required in connection with a closed session
to consider case review or planning.)
(h) With respect to every item of business to be discussed in closed session
pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections
37606 and 37624.3 of the Government Code:
REPORT INVOLVING TRADE SECRET
Discussion will concern: (Specify. whether discussion will concern
proposed new service, program, or facility)
Estimated date of public disclosure: (Specify. month and year)
Subject matter: (Specify whether testimony/deliberation will concern
staff privileges, report of medical audit committee, or report of
quality assurance committee)
14 Tm of the Ralph M. Brm~mA~
S49S4.6
New or increased taxes or assessments; hearings; notice
(a) (1) Before adopting any new or increased general tax or any new or
increased assessment, the legislative body of a city, county, special district, or joint
powers authority shall conduct at least one public meeting at which local offi~alg
must allow public testimony regarding the proposed new or increased general tax
or new. or increased assessment in addition to the noticed public hearing at which
the legislative body proposes to enact or increase the general tax or assessment.
For purposes of this section, the term "new or increased assessment' does not
include any of the following:
(A) A fee which does not exceed the reasonable cost of providing
the services, facilities, or regulatory activity for which the fee is charged.
(B) A service charge or benefit charge, unless a special district's
principal act requires service charges or benefit charges to conform to the
requirements of this section.
(C) An ongoing annual assessment if it is imposed at the same or
lower amount as any previous year.
(D) An assessment which does not exceed an assessment formula
or range of assessments previously adopted by the agency or approved by
the voters in the area where the assessment is imposed.
(E) Standby or immediate availability charges.
(2) The legislative body shall provide at least 45 days' public notice of
the public hearing at which the legislative body proposes to enact or
increase the general tax or assessment The legislative body shall provide
notice for the public meeting at the same time and in the same doo~ment
as the notice for the public hearing, but the meeting shall occur prior to
the hearing.
(b) (1) The joint notice of both the public meeting and the public hearing
required by subdivision (a) with respect to a proposal for a new or increased
general tax shall be accomplished by placing a display advertisement of at least
one-eighth page in a newspaper of general circulation for three weeks pursuant to
Section 6063 and by a first-class mailing to those interested parties who have filed
a written request with the local agency for mailed notice of public meetings or
hearings on new or increased general taxes. The public meeting pursuant to
subdivision (a) shRli take place no earlier than 10 days after the first publication
of the joint notice pursuant to this subdivision. The public hearing shall take plac~
L,~c~for,~cm** Apriil, L~4
Teat or the Ralph I**L Brown
no earlier than seven days after the oublic meeting pursuant to this subdivision.
Notwithstanding paragraph (2) of subdivision (a), the joint notice need not include
notice of the public meeting after the meeting has taken place. The public
hearing pursuant .to subdivision ta) shall take place no earlier than 45 days after
the first publication of the joint notice pursuant to this subdivision. The public
hearing shall take place no earlier than seven days after the public meeting
pursuant to this subdivision. Any written request for mailed notices shall be
effect/re for one year from the date on which it is filed unless a renewal request is
filed. Renewal requests for mailed notices shall be filed on or before April I of
each year. The legislative body may establish a reasonable annual charge for
sending notices based on the estimated cost of providing the service.
(2) The notice required by paragraph (1) of this subdivision shall include,
but not be limited to, the following:
(A) The amount or rate of the tax. If the tax is proposed to bc
increased from any previous year, the joint notice shall separately state
both the existing tax rate and the proposed tax rate increase.
(B) The activity to bc taxed.
(c)
annually.
The estimated amount of revenue to be raised by the tax
(D) The method and frequency, for collecting the tax.
(E) The dates. times, and locations of the public meeting and
hearing described in subdivision (a).
(F) The phone number and address of an individual, office, or
organization that interested persons may contact to receive additional
information about the tax.
(c) (1) The joint notice of both the public meeting and the public hearing
required by subdivision (a) with respect to a proposal for a new or increased
assessment on real property. shall be accomplished through a mailing, postage
prepaid, in the United States mail and shall be deemed given when so deposited.
The public meeting pursuant to subdivision (a) shall take place no earlier than 10
days after the joint mailing pursuant to this subdivision. The public hearing shall
take place no earlier than seven days after the public meeting pursuant to this
subdivision. The envelope or the cover of the mailing shall include the name of
the local agency. and the return address of the sender. This mailed notice shall be
~ of Ci~'orn~l Cities Aped ~ ~4
16 vm of,he h~,'. M.
in at least lO-point type and be given to all property owners proposed to be
subject to the new or increased assessment by a m~ilin$ by name to those persons
whose .nines and addresses appear on the last equalized county assessment roll or
the State Board of EqunliT~tion assessment roll, as the case may be.
(2) The joint notice required by paragraph (1) of this subdivision shall
include, but not be limited to, the following:
(A) The estimated mount of the assessment per parcel. ff the
assessment is proposed to be increased from any previous year, the joint
notice shall separately state both the Rmount of the existing assessment and
the proposed assessment increase.
(B) A general description of the purpose or improvements that
the assessment will fund.
(C) The address to which property owners may mail a protest
against the assessment.
(D) The phone number and address of an individual, office, or
organization that interested persons may contact to receive additional
information about the assessment.
(E) A statement that a majority protest will cause the assessment
to be abandoned if the assessment act used to levy the assessment so
provides. Notice must also state the percentage of protests required to
trigger an election, if applicable.
(F) The dates, times, and locations of the public meeting and
hearing described in subdivision (a).
(3) Notwithstanding paragraph (1), in the case of an assessment which is
proposed exclusively for operation and maintenance expenses for an entire city,
county, or district, or operation and maintenance assessments proposed to be
levied on 50,000 parcels or more, notice may be provided pursuant to paragraph
(1) of subdivision (b) and shall include the information required by paragraph (2)
of subdivision (c).
'rut of ts~ aatoh ~ BIn.,, An 17
(4) Notwithstanding paragraph (1), in the case of an assessment
proposed to be levied pursuant to Part 2 (commencing with Section 22500) of
Division 2 of the Streets and Highways Code by a regional park district, regional
park and open-space district, or regional open-space district formed pursuant to
Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of, or
pursuant to Division 26 (commencing with Section 35100) of. the Public
Resources Code, notice may be provided pursuant to paragraph (1) of subdivision
(b).
(d) The notice requirements imposed by 'this section shall be construed as
additional to, and not to supersede. existing pro~dsions of law, and shall be applied
concurrently ~.,ith the existing provisions so as to not delay or prolong the governmental
decisionmaking process.
(e) This section shall not apply to any new or increased general tax or any new
or increased assessment that requires an election of either of the following:
(1) The property. owners subject to the assessment.
(2)
The voters within the city, county, special district, or joint powers
authority. imposing the tax or assessment.
(f) Nothing in this section shall prohibit a local agency. from holding a
consolidated meeting or hearing at which the legislative body discusses multiple tax or
assessment proposals.
(g) The local agency may recover the reasonable costs of public meetings,
public hearings, and notice required by this section from the proceeds of the tax or
assessment. The costs recovered for these purposes, whether recovered pursuant to thi.~
subdivision or any other provision of law, shall not exceed the reasonable costs of the
public meetings, public hearings, and notice.
54955.
Adjournment: adjourned meetings
The legislative body of a local agency may adjourn any regular, adjourned regular,
special or adjourned special meeting to a time and place specified in the order of
adjournment. Less than a quorum may so adjourn from time to time. If all members
axe absent from any regular or adjourned regular meeting the clerk or secretary of the
legislative body may declare the meeting adjourned to a stated time and place and he
shall cause a written notice of the adjournment to be given in the same manner as
provided in Section 54956 for special meetings, unless such notice is waived as provided
for special meetings. A copy of the order or notice of adjournment shall be
conspicuously posted on or near the door of the place where the regular, adjourned
regular, special or adjourned special meeting was held within 24 hours after the time of
Ltagu, of Califoraia Cak~ April
18 Tea of t~ ~,s ~ a,~, ~t
the adjournment. When a regular or adjourned regular meeting is adjourned as provided
in this section, the resulting adjourned regular meeting is a regular meeting for all
purposes. When an order of adjournment of any meeting fn{l~ to state the hour at which
the adjourned meeting is to be held, it shall be held at the hour specified for regular
meetings by ordinance, resolution, by law, or other rule.
54955.1.
Continuance
Any hearing being held, or noticed or ordered to be held, by a legislative body of
-- a local agency at any meeting may by order or notice of continuance be continued or
recontinued to 'any subsequent meeting of the legislative body in the same manner and
to the same extent set forth in Section 54955 for the adjournment of meetings; provided,
that if the hearing is continued to a time less than 24 hours after the time specified in
the order or notice of hearing, a copy of the order or notice of continuance of hearing
shall be posted immediately following the meeting at which the order or declaration of
continuance was adopted or made.
54956.
Special meetings; call; notice
A special meeting may be called at any time by the presiding officer of the
legislative body of a local agency, or by a majority of the members of the legislative
body, by delivering personally or by mail written notice to each member of the legislative
body and to each local newspaper of general circulation, radio or television station
requesting notice in writing. The notice shall be delivered personally or by mail and
shall be received at least 24 hours before the time of the meeting as specified in the
notice. The call and notice shall specify the time and place of the special meeting and
the business to be transacted or discussed. No other business shall be considered at
these meetings by the legislative body. The written notice may be dispensed with as to
any member who at or prior to the time the meeting convenes files with the clerk or
secretary of the legislative body a written waiver of notice. The waiver may be given by
telegram. The written notice may also be dispensed with as to any member who is
actually present at the meeting at the time it convenes.
The call and notice shall be posted at least 24 hours prior to the special meeting
in a location that is freely accessible to members of the public.
54956~.
Emergency meetings in emergency situations
In the case of an emergency situation involving matters upon which prompt action
is necessary due to the disruption or threatened disruption of public facilities, a
legislative body may hold an emergency meeting without complying with either the :24-
hour notice requirement or the 24-hour posting requirement of Section 54956 or both of
the notice and posting requirements.
Lu~eo~Caiu Apel, D94
For purposes of this section, "emergency situation" means any of the following:
(a) Work stoppage or other activity which severely impairs public health,
safety, or both, as determined by a majority of the members of the legislative body.
(b) Crippling disaster which severely impairs public health, safety, or both, as
determined by a majority of the members of the legislative body.
However, each local newspaper of general circulation and radio or television
station which has requested notice of special meetings pursuant to Section 54956 shall be
notified by the presiding officer of the legislative body, or designee thereof, one hour
prior to the emergency meeting by telephone and all telephone numbers provided in the
most recent request of such newspaper or station for notification of special meetings
shall be exhausted. In the event that telephone services are not functioning, the notice
requirements of this section shall be deemed waived, and the legislative body, or
'designee of the legislative body, shall notify those newspapers, radio stations, or
television stations of the fact of the holding of the emergency meeting the purpose of
the meeting, and any action taken at the meeting as soon after the meeting as possible.
Notwithstanding Section 54957, the legislative body shall not meet in closed
session during a meeting called pursuant to this section.
All special meeting requirements, as prescribed in Section 54956 shall be
applicable to a meeting called pursuant to this section, with the exception of the 24-hour
notice requirement.
The minutes of a meeting called pursuant to this section, a list of persons who the
presiding officer of the legislative body, or designee of the legislative body, notified or
· ~ttempted to notify, a copy of the rollcall vote, and any actions taken at the meeting
shall be posted for a minimum of 10 days in a public place as soon after the meeting as
possible.
54956.6. Fees
No fees may be charged by the legislative body of a local agency for can'ying out
any provision of this chapter, except as specifically authorized by this chapter.
54956.7.
Closed sessions; license applications; rehabilitated criminals
Whenever a legislative body of a local agency determines that it is necessary to
discuss and determine whether an applicant for a license or license renewal, who has a
criminal record, is sufficiently rehabilitated to obtain the license, the legislative body may
hold a closed session with the applicant and the applicant's attorney, if any, for the
purpose of holdin~ the discussion and malcing the determination. If the legislative body
determines, as a result of the closed session, that the issuance or renewal of the license
should be denied, the applicant shall be offered the oppornmity to withdraw the
application. ff the applicant withdraws the application, no record shall be kept of the
discussions or decisions made at the closed session and all matters relating to the dosed
session shall be confidential. ff the applicant does not withdraw the application, the
legislative body shall take action at the public mee~ng during which the closed session is
held or at its next public meeting denying the application for the license but all matters
relating to the closed session are confidential and shall not be disclosed without the
consent of the applicant, except in an action by an applicant who has been denied a
license chailen~ng the denial of the license.
$49S6.8.
Real property transactions; closed meeting with negotiator
Notwithstanding any other provision of this chapter, a legislative body of a local
agency may hold a closed session with its negotiator prior to the purchase, sale,
exchange, or lease of real property by or for the local agency to grant authority to its
negotiator regarding the price and terms of payment for the purchase, sale, exchange, or
lease.
However, prior to the closed session, the legislative body of the local agency shall
hold an open and public session in which it identifies the real property. or real properties
which the negotiations may concern and the person or persons with whom its negotiator
may negotiate.
For the purpose of this section, the negotiator may be a member of the legislative
body of the local agency.
For purposes of this section, "lease" includes renewal or renegotiation of a lease.
Nothing in this section shall preclude a local agency from holding a dosed session
for discussions regarding eminent domain proceeding pursuant to Section 54956.9.
54956.9.
Pending litigation; closed session; attorney-client privilege; notice;
memorandum
Nothing in thi~ chapter shall be construed to prevent a legislative body of a local
agency, based on advice of its legal counsel from holding a closed session to confer with,
or receive advice from, its legal counsel regarding pending Htigation when diso,~ion in
open session concerning those matters would prejudice the position of the local agency in
the litigation-
Textot'thel~,dp&l~L~memA~'t 21
For purposes of this chapter, all expressions of the lawyer-client privilege other
than those provided in this section are hereby abrogated. This section is the exclusive
expression of the lawyer-client privilege for purposes of conducting closed-session
meetings pursuant to this chapter.
For purposes of thin sectioo, "litigation" includes any adjudicatory proceeding,
including eminent domain, before a court, administrative body exercising its adjudicatory
authority, hearing officer, or arbitrator.
For purposes of this section. litigation shall be considered pending when any of
the following circumstances exist:
(a) Litigation, to which the local agency is a pan'y, has been initiated formally.
(b) (1) A point has been reached where, in the opinion of the legislative
body of the local agency on the advice of its legal counsel, based on existing facts
and circumstances, there is a significant exposure to litigation against the local
agency.
(2) Based on existing facts and circumstances, the legislative body of the
local agency is meeting only to decide whether a closed session is authorized
pursuant to paragraph (1) of this subdivision.
(3) For purposes of paragraphs (1) and (2), "existing facts and
circumstances" shall consist only of one of the following:
(A) Facts and circumstances that might result in litigation again~t
the local agency but which the local agency believes are not yet known to a
potential plaintiff or plaintiffs, which. fa~s and circumstances need not be
disclosed.
(B) Facts and circumstances, including, but not limited to, an
accident, disaster, incident, or transactional occurrence that might result in
litigation against the agency and that are known to a potential plaintiff or
plaintiffs, which facts or circumstances shall be publicly stated on the
agenda or announced.
(C) The receipt of a claim pursuant to the Ton Claims A~t or
some other written communication from a potential plaintiff threatening
litigation, which claim or communication shall be available for public
inspection pursuant to Section 54957.5.
(D) A statement made by a person in an open and public meeting
threatening litigation on a specific matter within the responsibility of the
legislative body.
(E) A statement threatening litigation made by a person outside
an open and public meeting on a specific matter within the responsibility of
the legislative body so long as the official or employee of the local agency
receiving knowledge of the threat makes a contemporaneous or other
record of the statement prior to the meeting, which record shall be
available for public inspection pursuant to Section 54957.5. The records so
created need not identify the alleged victim of unlawful or tonions sexual
conduct or anyone making the threat on their behalf, or identify a public
employee who is the alleged perpetrator of any unlawful or tortious
conduct upon which a threat of litigation is based, unless the identity of the
person has been publicly disclosed.
(F) Nothing in this section shall require disclosure of written
communications that are privileged and not subject to disclosure pursuant
to the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1).
(c) Based on existing facts and circumstances, the legislative body of the local
agency. has decided to initiate or is deciding whether to initiate litigation.
Prior to holding a closed session pursuant to this section, the legislative body of
the local agency shall state on the agenda or publicly announce the subdivision of this
section that authorizes the closed session. If the session is closed pursuant to subdivision
(a), the body shall state the title of or otherwise specifically identify the litigation to be
discussed, unless the body states that to do so would jeopardize the agency's ability to
effectuate service of process upon one or more unserved parties, or that to do so would
jeopardize its ability to conclude existing settlement negotiations to its advantage.
A local agency shall be considered to be a "party" or to have a "significant
exposure to litigation" if an officer or employee of the local agency is a party or has a
significant exposure to litigation concerning prior or prospective activities or allaged
activities during the course and scope of that office or employment, including litigation in
which it is an issue whether an activity is outside the course and scope of the offic~ or
employment
LesSoeotCalifor~aCi~,, A4m'll, 1994
54956.95.
Closed sessions; insurance pooling tort liability losses; public
liability losses; workers' compensation liability
(a) Nothing in this chapter snail bc construed to pr~vem a joint powers agency
formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7
of Title 1, for purposes of insurance pooling, or a local agency member of the joint
powers agency, from holding a closed session to discuss a claim for the paymere of tort
liability losses, public liability losses, o: workers: compensation liability incurred by the
joim powers agency or a local agency member of the joint powers agency.
(b) Nothing in this chapter shall be construed to prevent the Local Agency
Self-Insurance Authority formed pursuant to Chapter 5.5 (commencing with Section
6599.01) of Division 7 of Tide 1, or a local agency member of the authority, from
holding a closed session to discuss a claim for the pa.vment of tort liability losses, public
liability losses, or workers' compensation liability incurred by the authority or a local
' agency member of the authority.
(c) Nothing in this section shall be construed to affect Section 54956.9 with
respect to any other local agency.
54957.
Closed sessions; threat to public services; personnel matters;
exclusion of witnesses; 'employee' defined; discussion of
compensation
Nothing contained in this chapter shall be construed to prevent the legislative
body of a local agency from holding closed sessions with the Attorney General, district
attorney, sheriff, or chief of police, or their respective deputies, on matters posing a
threat to the security. of public buildings or a threat to the public's right of access to
public services or public facilities, or from holding closed sessions during a regular or
special meeting to consider the appointment, empto.vment, evaluation of performance,
discipline, or dismissal of a public employee or to hear complaints or charges brought
against the employee by another person or employee unless the employee requests a
public session
As a condition to holding a dosed session on specific complaints or charges
brought against an employee by another person or employee, the employee shall be
given written notice of his or her right to have the complaints or charges heard in an
open session rather than a closed session, which notice shall be delivered to the
employee personally or by mail at least 24 hours before the time for holding the se&sion.
If notice is not given, any disciplinary or other action taken by the legislative body
againq the employee based on the spedtic complaints or charges in the closed session
shall be null and void.
24 Tt~to~tJ~l~pkM. a,qseu,~t
The legislative body also may exclude from the public or dosed meeting, during
the examination of a witness, any or all other witnesses in the matter being investigated
by the legislative body.
For the purposes of this section, the term "employee" shall include an officer or
an independent contractor who functions as an officer or an employee but shall not
include any elected official, member of a legislative body or other independent
contractors. Nothing in this section shall limit local offidals' ability to hold closed'
session meetings pursuant to Sections 1461, 32106, and 3:1155 of the Health and Safety
Code or Sections 37606 and 37624.3 of the Government Code. Closed sessions held
pursuant to thi~ section shall not include discussion or action on proposed compensation
except for a reduction of compensation that results from the imposition of discipline.
54957.1.
Closed sessions; public report of action taken
(a) The legislative body of any local agency shall publicly report any action
taken in closed session and the vote or abstention of every member present thereon, as
follows:
(1) Approval of an agreement concluding real estate negotiations
pursuant to Section 54956.8 shall be reported after the agreement is final, as
specified below:
(A) If its own approval renders the agreement final, the body
shall report that approval and the substance of the agreement in open
session at the public meeting during which the closed session is held.
(B) If final approval rests with the other party to the negotiation.s,
the local agency shall disclose the fact of that approval and the substance
of the agreement upon inquiry by any person, as soon as the other party or
its agent has informed the local agency of its approval.
(2) Approval given to its legal counsel to defend, or seek or refrain
from seeking appellate review or relief, or to enter as an amicus curiae in any
form of litigation as the result of a consultation under Section 54956.9 shall be
reported in open session at the public meeting during which the dosed session is
held. The report shall identify, if known, the adverse party or parties and the
substance of the litigation. In the case of approval given to initiate or intervene
in an action, the announcement need not identify the action, the defendants, or
other particulars, but shall specify that the direction to initiate or intervene in an
action has been given and that the action, the defendants, and other particulars
shall, once formally commenced, De disclosed to any person upon inquiry, ,mless
to do so would jeopardize the agency's ability to effectuate service of process on
one or more unserved parties, or that to do so would jeopardize its ability to
conclude existing settlement negotiations to its advantage.
(3) Approval given to its legal counsel of a settlement of pending
litigation, as defined in Section 54956,9, at any stage prior w or during a judicial
or quasi-judicial proceeding shall be reported after the settlement is final,. as
specified below:
(A) If the legislative body accepts a settlement offer signed by the
'opposing party, the body shall report its acceptance and identify the
substance of the agreement in open session at the public meeting during
which the closed session is held.
(B) If final approval rests with some other party to the Htigation
or with the court, then as soon as the settlement becomes final, and upon
inquiry. by any person, the local agency shall disclose the fact of that
approval, and identify the substance of the agreement.
(4) Disposition reached as to claims discussed in closed session pursuant
to Section 5~t956.95 shall be reported as soon as reached in a manner that
identifies the name of the claimant, the name of the local agency claimed against,
the substance of the clalw., and any monetary amount approved for payment and
agreed upon by the claimant.
(5) Action taken to appoint, employ, dismiss, accept the resignation of,
or otherwise affect the employment status of a public employee in closed session
pursuant to Section 54957 shall be reported at the public meeting during which
the closed session is held. Any report required by this paragraph shah identify the
title of the position. The general requirement of this paragraph notwithstanding,
the report of the dismissal or of the nonrenewal of an employment contract shall
be deferred until the first public meeting following the exhaustion of
administrative remedies, if any.
(6) Approval of an agreement concluding labor negotiations with
represented employees pursuant to Section 54957.6 shall be reported after the
agreement is final and has been accepted or ratified by the other party. The
report shall identify the item approved and the other party or parties to the
negotiation.
26 'r~ hip'- M. B..~ ut
(b) Reports that are required to be made pursuant to this section may be
made orally or in writing. The legislative body shall provide to any person who has
submitted a wrinen request to the legislative body within 24 hours of the posting of the
agenda, or to any person who has made a S~_anding request for all documentation as part
of a request for notice of meeting pursuant to Section 54954.1 or 54956, ff the requester
is present at the time the closed session ends, copies of.any conu'acts, settlement
agreements, or other documents that were finally approved or adopted in the closed
session. If the action taken results in one or more substantive amendments to the
related documents requiring relyping, the documents need not be released until the
re.typing is completed during normal business hours, provided that the presiding officer of
the legislative body or his or her designee orally summarizes the substance of the
amendments for the benefit of the document requester or any other person present and
requesting the information.
(c) The documentation referred to in paragraph (b) shall be available to any
person on the next business day following the meeting in which the action referred to is
taken or, in the case of substantial amendments, when any necessary relyping is
complete.
(d) Nothing in this section shall be construed to require that the legislative
body approve actions not otherwise subject to legislative body approval.
(e) No action for injury to a reputational, liberty., or other personal interest
may be commenced by or on behalf of any employee or former employee with respect to
whom a disclosure is made by a legislative body in an effort to comply with this section.
549572.
Minute book record of closed sessions; inspection
(a) The legislative body of a local agency. may, by ordinance or resolution,
designate a clerk or other officer or employee of the local agency who shall then attend
each closed session of the legislative body and keep and enter in a minute book a record
of topics discussed and decisions made at the meeting. The minute book made pursuant
to this section is not a public record subject to inspection pursuant to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1), and shall be kept confidential. The minute book shall be available only to members
of the legislative body or, if a violation of this chapter is alleged to have occurred at a
closed session, to a court of general jurisdiction wherein the local agency Hes. Such
minute book may, but need not, cortsist of a recording of the closed session.
(b) An elected legislative body of a local agency may require that each
legislative body all or a majority of whose members are appointed by or under the
authority of the elected legislative body keep a minute book as prescribed under
subdivision (a).
L,~a, a ~ CU~
54957.5.
Agendas and other writings distributed for discussion or
eonsideration at public meetings; public records; inspection; dosed
sessions
(a) Notwithstanding Section 6255 or any other provisions of law, agendas of
public meetings and any other writings, when distributed to all, or a majority of all, of
the members of a legislative body of a local agency by any person in connection with a
matter subjict to discassion or consideration at a public meeting of the body, are
disclosable public records under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of D/vision 7 of Title 1), and shall be made available
upon request without delay. However, thi~ sec*don sha]l not include any writing exempt
from public disclosure under Section 6253.5, 6254, or 6254.7.
(b) Writins which are public records under subdivision (a) and which are
, distributed during a public meeting shall be made available for public inspection at the
meeting if prepared by the local agency or a member of its legislative body, or after the
meeting if prepared by some other person.
(c) Nothing in this chapter shall be construed to prevent the legislative body of
a local agency from charging a fee or deposit for a copy of a public record pursuant to
Section 6257.
(d) This section shall not be construed to limit or delay the public's right to
inspect any record required to be disclosed under the requirements of the California
Public Records Act (Chapter 3.5 (commencing with Section 6250), Division 7, Ti~e 1).
Nothing in this chapter shall be construed to require a legislative body of a local agency
to place any paid advertisement or any other paid notice in any publication.
54957.6.
Closed sessions: legislative body of local agencies; salaries, salary
schedules or fringe benefits; mandatory subjects; "employee'
defined: discussion of budget priorities
(a) Notwithstanding any other provision of law, a legislative body of a local
agency may hold closed sessions with the local agency's designated representatives
regarding the salaries, salary schedules, or compensation paid in the form of fringe
benefits of its represented and unrepresented employees, and, for represented
employees, any other matter within the statutorily-provided scope of representation-
Closed sessions of a legislative body of a local agency, as permitted in this section, shall
be for the purpose of reviewing its position and instructing the local agency's desi~ated
representatives. Closed sessions, as permitted in this section, may take place prior to
and during consultations and discussions with representatives of employee organizations
and unrepresented employees.
t,.q~ d C.~qt, n~$ CUi~ A~il ~, D~
28
Closed sessions with the local agency's designated representative regarding the
salaries, salary schedules, or compensation paid in the form of fringe benefits may
include discussion of an agency~s available funds and funding priorities, but only insofar
as these discussions relate to providing instructions to the local agency's designated
representative.
Closed sessions held pursuant to this section shall not include final action on the
proposed compensation of one or more unrepresented employees.
For the purposes enumerated in this section, a legislative body of a local agency
may also mee.t with a state conciliator who has intervened in the proceedings.
(b) For the purposes of this section, the term "employee" shall include an
officer or an independent contractor who functions as an officer or an employee, but
shall not include any eleaed official, member of a legislative body, or other independent
contractors.
54957.7.
Closed sessions; disclosure of items to be discussed; notice
(a) Prior to holding any closed session, the legislative body of the local agency
shall disclose, in an open meeting, the item or items to be discussed in the closed
session. The disclosure may take the form of a reference to the item or items as they
are listed by number or letter on the agenda. In the closed session, the legislative body
may consider only those matters covered in its statement. Nothing in this section shall
require or authorize a disclosure of information prohibited by state or federal law.
(b) After any closed session. the legislative body shall reconvene into open
session prior to adjournment and shall make any disclosures required by Section 54957.1
of action taken in the closed session.
(c) The announcements required to be made in open session pursuant to this
section may be made at the location announced in the agenda for the closed session, as
long as the public is allowed to be present at that location for the purpose of hearing the
announcements.
Lsa~s~tC,Ilfo~ CUU~ A~l t,
29
54957~.
Closed sessions: legislative body of a multjjurisdictional drug law
enforcement agency
NOthin~ contained in this chapter shall be construed to prevent the legislative
body of a multijurisdictional drag law enforcement agency, or an advisory body of a
multijurisdictional cln~g law enforcement agency, from holding closed sessions to discu~
the case records of any ongoing cr~mlnal investigation of .the multijurisdictional drug law
enforcement agency or of any party to the joint powers agreement, to hear ~estimony
from persons involved in the investigation, and to discuss courses of action in particular
"Multilurisdictional drug law enforcement agency," for purposes of this section,
means a joint powers entity formed pursuant to Article 1 (commencing with Section
6S00) of Chapter 5 of Division 7 of Title 1, which provides drug law enforcement
services for the panics to the joint powers agreement.
The Legislature finds and declares that this section is within the public interest, in
that its provisions are necessary to prevent the impairment of ongoing law enforcement
investigations, to protect witnesses and informants, and to permit the discussion of
effective courses of action in particular cases.
54957.9.
Disorderly conduct during meeting; clearing of room .
In the event that any meeting is wilfuHy interrupted by a group or groups of
persons so as to render the orderly conduct of such meeting unfeasible and order cannot
be restored by the removal of individuals who arc wilfully interrupting the meeting the
members of the legislative body conducting the meeting may order the meeting room
cleared and continue in session. Only matters appearing on the agenda may be
considered in such a session. Representatives of the press or other news media, except
those participating in the disturbance, shall be allowed to attend any session held
pursuant to this section. Nothing in this section shall prohibit the legislative body from
establishing a procedure for readmining an individual or individuals not responsible for
,,viifully disturbing the orderly conduct of the meeting.
54958.
Application of chapter
The provisions of this chapter shall apply to the legislative body of every local
agency notwithstanding the conflicting provisions of any other state law.
l,,a~s~CalifmCltl,s A{w~X, IS~
30
T'm hlph M, BM ~
54959.
Penalty for unlawful meeting
Each member of a legislative body who attends a meeting of that legislative body
where action is ~ken in violation of any provision of thi~ chapter, and where the
member intends to deprive the public of information to which the member knows or has
reason to know the public is entitled under this chapter, is guilty of a misdemeanor.
54960.
Action to prevent violations or determine applicability of chapter
(a) The district attorney or any interested person may commence an action by
mandamus, injunction or declaratory relief for the purpose of stopping or preventing
violations or threatened violations of this chapter by members of the legislative body of a
local agency or to determine the applicability of this chapter to actions or threatened
future action of the legislative body, or to determine whether any rule or action by the
legislative body to penalize or otherwise discourage the expression of one or more of its
members is valid or invalid under the laws of this state or of the United States, or to
compel the legislative body to tape record its closed sessions as hereinafter provided.
(b) The court in its discretion may, upon a judgrnent of a violation of Section
54956.7, 54956.8, 54956.9, 54956.95, 54957, or 54957.6, order the legislative body to tape
record its closed sessions and preserve the tape recordings for the period and under the
terms of security and confidentiality the court deems appropriate.
(c) (1) Each recording so kept shall be immediately labeled with the date
of the dosed session recorded and the title of the clerk or other officer who shall be
custodian of the recording.
(2) The tapes shall be subject to the following discovery procedures:
(A) In any case in which discovery or disclosure of the tape is
sought by either the district attorney or the plaintiff in a civil action
pursuant to Section 54959, 54960, or 54960.1 alleging that a
violation of this chapter has occurred in a closed session which has
been recorded pursuant to this section, the party. seeking discovery
or disclosure shall ~e a written notice of motion with the
appropriate court with notice to the governmental agency which has
custody and control of the tape recording. The notice shall be given
pursuant to subdivision (b) of Section 1005 of the Code of Civil
Procedure.
31
(B) The notice shall include, in addition to the items required by
Section lOlO of the Code of Civil Procedure, all of the following:.
(i) Identification of the proceedlag in which discovery or
disclosure is sought, the party seeking discovery or disclosure,
the date and time of the meeting recorded, and the
governmental agency which has custody and control of the
recording.
(ii) An affidavit which conr~in~ specific facts indicating
that a violation of the act occurred in the closed session-
(3) If the court, following a review of the motion, finds that there is
good cause to believe that a violation has occurred, the coun may review,
in camera, the recording of that portion of the closed session alleged to
have violated the act.
(4) If, following the in camera review, the court concludes that
disclosure of a portion of the recording would be likely to materially assist
in the resolution of the litigation alleging violation of this chapter, the
court shall, in its discretion, make a certified transcript of the portion of
the recording a public exhibit in the proceeding.
(5) Nothing in this section shall permit discovery of communications
which are protected by the attorney-client privilege.
54960.1.
Unlawful action by legislative body; action for mandamus or
injunction; prerequisites
(a) The district attorney or any interested person may commence an action by
mandamus or injunction for 'the purpose of obtaining a judicial determination that an
action taken by a legislative body of a local agency in violation of Section 54953, 54954.2,
54954.5, 54954.6, or 54956 is null and void under this section- Nothing in this chapter
shall be construed to prevent a legislative body from curing or correcting an action
challenged pursuant to this section.
(b) Prior to any action being commenced pursuant to subdivision (a), the
district attorney or interested person shall make a demand of the legislative body to cure
or correct the action alleged to have been taken in violation of Section 54953, 54954.2,
54954.5, 54954.6, or 54956. The demand shall be in writing and clearly describe the
challenged action of the legislative body and nature of the alleged violation-
32
(C)
(1) The written demand shall be made within 90 days from the date the
action was taken unless the action was taken in an open session but in
violation of Section 549542, in which case the written demand shall be
made Within 30 days from the date the action was taken.
(2) Within 30 days of receipt of the demand, the legislative body Shall
cure or correct the challenged action and idarm the demanding party in
writing of its actions to cure or correct or inform the demanding party in
writing of its decision not to cure or correct the challenged action.
(3.) If the legislative body takes no action within the 30-day period, the
inaction shall be deemed a decision not to cure or correct the challenged
action, and the 15-day period to commence the action described in
subdivision (a) shall commence to run the day after the 30-day pefqod to
cure or correct expires.
(4) Within 15 days of receipt of the written notice of the legislative
body's decision to cure or correct, or not to cure or correct, or within 15
days of the expiration of the 30-day period to cure or correct, whichever is
earlier, the demanding panT shall be required to commence the action
pursuant to subdivision (a) or thereafter be barred from commencing the
action.
(d) An action taken that is alleged to have been taken in violation of Section
54953, 54954.2, 54954.5, 54954.6, or 54956 shall not be determined to be null and void if
any of the following conditions exist:
(1) The action taken was in substantial compliance with Sections 54953,
54954.2, 54954.5, 54954.6, or 54956.
(2) The action taken was in connection with the sale or issuance of
notes, bonds, or other evidences of indebtedness or any contract,
instrument, or agreement thereto.
(3) The action taken gave rise to a contractual obligation, including a
contract let by competitive bid other than compensation for services in the
form of salary or fees for professional services, upon which a party has, in
good faith and without notice of a challenge to the validity of the action,
detrimentally relied.
(4) The action taken was in connection with the collection of any tax.
h,.,~, d CaMeeal~ Cllles AFrii l,
33
(5) Any person, dry, city, and county, county, district, or any agency or
subdivision of the state alle~ng noncompfiance with subdivision (a) of
Section 54954.2, Section 54956, or Section 54956_~, because of any defect,
error, irregularity, or omission in the notice given pursuant to those
provisions, had actual notice of the item of business at least 72 hours prior
to the meeting at which the action was taken, if the meeting was noticed
pursuant to Section 54954.2, or 24 hours' prior to the meeting at which the
action was taken if the meeting was noticed pursuant to Section 54956, or
prior to the meeting at which the action was taken if the meeting is held
pursuant to Section 54956_~.
(e ) During any action seeking a judicial determination pursuant to subdivision
(a) if the coun determines, pursuant to a showing by the legislative body that an aaion
alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, or
54956 has been cured or corrected by a subsequent action of the legislative body, the
action filed pursuant to subdivision (a) shall be dismissed with prejudice.
(f) The fact that a legislative body takes a subsequent action to cure or correct
an action taken pursuant to this section shal/not be construed or admissible as evidence
of a violation of this chapter.
54960.5.
Costs and attorney fees
A court may award court costs and reasonable attorney fees to the plaintiff in an
action brought pursuant to Section 54960 or 54960.1 where it is found that a legislative
body of the local agency has violated this chapter. The costs and fees shall be paid by
the local agency and shall not become a personal liability. of any public officer or
employee of the local agency.
A court may award court costs and reasonable attorney fees to a defendant in any
action brought pursuant to Section 54960 or 54960.1 where the defendant has prevailed
in a final determination of such action and the court finds that the action was clearly
frivolous and totally lacking in merit
54961.
Use of facility allowing discrimination; disclosure of victims'
identities
(a) No legislative body of a local agency shall conduct any meeting in any
facility. that prohibits the admittance of any person, or persons, on the basis of race,
religious creed, color, national origin, ancestry, or sex, or which is inaccessible to
disabled persons, or where members of the public may not be present without making a
payment or purchase. This section shall apply w every local agency as deftned in Section
54951.
Lug~ d C~tor~a CUk~ A4~dl 1, 19'M
34
The 9a[pk M, BA'mrn M
(b) No notice, agcnda, announcement, or report required under this chapter
need identify any victim or alleged victim of tortious sexual conduct or child abuse -nless
the identity of the person has been publicly disclosed.
~4962.
Closed session by legislative body prohibited
Except as expressly authorized by this chapter, or by Seaions 1461, 32106, and
32155 of the Health and Safety Code or Sections 37606 and 376243 of the Government
Code as they apply to hospitals, or by any provision of the Education COde pert~inlng to
school districts and community college districts, no closed session may be held by any
legislative body of any local agency.
j:\legal~js\Bnv,ttAct4.94
ITEM #4
~ORANDUM
TO:
FROM:
DATE:
SUBJECT:
Planning Commission
Gary Thornhill, Director of Planning
September 19, 1994
Director's Hearing Case Update
The following cases were approved at Director's Hearings in August, 1994:
PA94-0051, Amendment No. 1 (Plot Plan) · Double D Pipeline
PA94-0070, Revised Plot Plan · Black Angus Restaurant
PA94-0064, Revised Permit with hearing · Keys Auto Sales
Attachment:
1. Planning Director's Heating Action Agendas for August, 1994 - Blue Page 2
ATTACHMENT NO. 1
PLANNING DIRECTOR'S HEARING ACTION AGENDAS FOR JUNE, 1994
ACTION AGENDA
TE1VIECULA DIRECTOR' S FrF. ARING
REGULAR MEETING
AUGUST 11, 1994 1:30 PM
TEMECULA CITY HALL - MAIN CONFERENCE ROOM
43174 Business Park Drive
Temecula,'CA 92590
CALL TO ORDER:
Debbie Ubnoske, Senior Planner
PUBLIC CO.MiX4~.NTS
A total of 15 minutes is provided so members of the public can address to the Senior
Planner on items that are not listed on the Agenda. Speakers are limited to three (3)
minutes each. If you desire to speak to the Senior Planner about an item no__!t listed on
the Agenda, a pink "Request to Speak" form should be f'dled out and fried with the
Senior Planner.
When you are called to spa, please come forward and state your name and address.
For all other agenda items a "Request to Speak" form must be fried with the Senior
Planner before that item is heard. There is a three (3) minute time limit for individual
speakers.
PUBLIC ItEARING
CaseNo:
AppLicant:
Location:
Proposal:
Environmental Action:
Planner:
Recommendation:
ACTION:
Planning Application No.94-0051, Amendment No. 1 (Plot Plan)
Double D Pipeline
42166 Rio Nedo
To construct a 648 square foot business office and a 24,625 square
foot storage yard on a .9 acre parcel
Categorical Exemption
Matthew Fagan
Approval
APPROVED
ACTION AGENDA
TEMECULA DIRECTOR'S H~,ARING
REGULAR MEETING
AUGUST 18, 1994 1:30 EVI
TEMECULA CITY HALL - MAIN CONFERENCE ROOM
43174 Business Park Drive
' Temecula, CA 92590
CALL TO ORDER:
Debbie ljbnoske, Senior Planner
1:30 p.m.
PUBLIC F!'EARING
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Planner:
Recommendation:
Planning Application No. PA94-0070, Revised Plot Plan
Ken Mucha, American Restaurant Group, Inc.
The northwesterly comer of Rancho Callfomia Road and Ynez
Road
A request revise a previously approved project, planning
Application No. PA94-0019, by reducing the size of a previously
approved building from 10,200 square feet to approximately 6,800
square feet to be used for a restaurant.
Re-certify a previously adopted negative declaration
Craig Ruiz
Approve
ACTION:
APPROVED
ADJOURN1VIENT
1:40 p.m.
ACTION AGENDA
TEMECULA DIRECTOR'S WEARING
REGULAR MEETING
AUGUST 23, 1994 1:30 PM
TEMECULA CITY HALL - MAIN CONFERENCE ROOM
43174 Business Park Drive
'Temecula, CA 92590
CALL TO ORDER
1:35 P.M.
Debbie Ubnoske, Senior Planner
Case No:
Applicant:
Location:
Proposal:
EnVironmental Action:
Planner:
Recommendation:
ACTION:
ADJOURNMENT
2:00 P.M.
Planning Application No. 94-0064 - Revised Permit w/hearing
Keys Auto Sales
28781 Front Street
Used Car Sales, utilizing the existing trailer on the adjacent parcel.
Categorical Exemption per Section 15301(a) of the California
Environmental Quality Act (CEQA) Guidelines.
Matthew Fagan, Assistant Planner
Approval
APPROVED
ITEM #5
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning Commission
~"Raymond A. Casey, Principal Engineer - Land Development
September 19, 1994
Caltrans Memorandum of Understanding (MOU) Regarding access Configurations to
State Route 79 (SR79)
RECOMMENDATION:
That the Planning Commission recommend approval of the draft Memorandum of Understanding (MOU)
regarding access to State Route 79 to City Council.
BACKGROUND
On August 5, 1991, the City Council approved the current MOU with Caltrans regarding access to State
Route 79 South and Winchester Road. The need for this MOU was deemed necessary "due to differing
views by each agency on what access spacing is appropriate for each highway corridor".
During the process of adopting the General Plan, the City Council directed staff to re-evaluate the current
MOU. The City Council felt the access configurations to Highway 79 potentially had an effect on the
developability of some properties, pursuant to the adopted land uses.
A committee was formed made up of two Public/Traffic Safety Commissioners and two Planning
Commissioners to evaluate input from affected property owners at a series of workshops held at City
Hall. The attached draft MOU is a result of those workshops. The MOU was recommended for
approval by the Public/Traffic Safety Commission at the August 25, 1994, meeting.
Attachments:
1. Attachment "A" -
2. Attachment "B " -
3. Attachment "C" -
4. Attachment "D" -
Draft MOU
Current MOU
Excerpt from the August 25, 1994 Public/Traffic
Safety Commission Agenda Minutes
Workshop Agendas and Minutes
ATTACHMENT "A"
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is between the State of California, Department of Transportation (hareinafter
Caltrans) and the City of Temecula (here'mafter the City). This Memorandum of Understanding 0MOU) constitute~
solely a guide to the respoetive obligations, intentions and policies of the City and Caltrsns to use in approving new
development along north and south State Route 79. This MOU has not been designed to authorize funding for
project effort, nor is it a legally binding contract. It is the intent of this MOU to establish a mutual policy which
will lead to a cooperative agreement between Caltrans and the City within approximately twelve (12) months after
the execution of this MOU.
The basic understanding is as follows:
NORTH ROUTh 79 (WINCHESTER ROAD)
Route 7,9 shall have up to three lanes for through traffic and up to two lanes for local circulation.
Realignment may be necessary upon future development along Route 79, The City shall protect the right-
of-way for said realignment.
Route 79 is to have 1/4 mile intersection spacing with 1/8 mile spacing for limited access d6veways 0.e-
right in, right out only) from 1-15 to Margarita Rd.
3. From Margarita Road to Murrieta Hot Springs Road the spacing shall be 1/4 mile intersections.
4. hatersection spacing beyond Murrieta Hot Springs Road will be 112 mile.
5. Approvals prior to the date of this MOU are excepted.
SOUTH ROUTE 79
Rout~ 79 is to have 114 mile intersection spacing and 1/8 mile limited access driveway spacing from 1-15
to Anza Road.
2. Approvals prior to the date of this MOU are excepted.
APPLIES TO NORTH & SOUTH ROUTE 79
hatersection and limited access design shall be devdoped in accordance with policies, procedures, practices
and standards normally followed by Caltrans and the City.
Eventual realignment of Route 79 may be necessary due to development along current Route 79. The City
shall provide Caltrans future right-of-way protection for Route 79 realignment through negotiations.
I Concur:
KEN STEELE, District Director
District 8
RONALD H. ROBERTS, Mayor
City of Temecula
Date
Date
SEE ATTACHED MAPS
Table 5
I.D.
S.R. 79 (North)/Winchester Road Access Recommendations
State Route 79 Access Study
Access Location
NB 1-15 Off-Ramp
. ...
.,,. ~....~:..'..
Approx. Spacing in Miles
North- South-
bound bound
..:
Type of Access Permitted
Eastside Westside Eastside Westside
Right In Right in
and and Full Full
Right Out Right Out Movement Movement
[]
:
rI]1 []
[] []
[] []
] I []
..I
,,4 I
~' ...............1 .....................................................i'''''''''~':'~'c''''''' I .......................
Table 5
S.R. 79 (North)/Winchester Road Access Recommendations (cont.)
I.D,
13.1
m
Access Location
Rustic Glen Dr./Chao Driveway
16.1 NB [ Ceas Minor Access - CUP 914
State Route 79 Access Study
Approx. Spacing in Miles
North- South-
bound - bound
* = Right in Only
Type of Access Permitted
Eastside
Right In
and
Right Out
Westside
Right In
and
Right Out
Eastside Westside
~Z
<
~[~
~Z<~
[3F_
U
n~
Table 6
S.R. 79 (South) Access Recommendations
State Route 79 Access Study
Approx. Spacing in Miles Type of Access Pertained
Southside Northside Southside Northside
Right In Right In
I.D. Access Location East- West- and and Full Full
bound bound Right Out Right Out Movement Movement
0 NB 1-15 Off-Ramp ...................................... ..~.. ...............................
;: · ~.: :: · ::.: {
.'.;. ~ []
· ;~ :t :: · 'j ;.~ ' '
; : ~ m
: ' ~" ~; ' ': !~ ' ' '
"""" : : t [] []
I .., s :
; ,;" .,
i ': .:-':'. :: >.~'. :
· . . ..~ . . '., .:. :; · _
.. ; g
v ;" g .,
:r .: .... · : .. :
" ":"= ': ; '1
v g ~ .... I
'; ' ', ' ~ ' ',' '. ..... [ .I
.... ... g. I
I
· . . .. ,.. : ;:e.~
"
: v . ...... I ~
, . .........................I ...........................I ..................................................I ............................
C.~63
L_'_ ;' '~';~ ;';'; ~'; ~' ~,;_ ~ .~ ~"_~ ';~';~'z~;~;'~ ;~.;';";';' '; z"; ';' '; :' ;' ';';"; ';'; ;';';' 'z' 'L";'z'; ;'z"z"; ';';' '; ;'; ;'; ;'; ;'; ~;; ;';~; :'; :'~'_ :' :';;; ;':'; ;'-
Table 6
I.D.
S.R. 79 (South) Access Recommendations (cont.)
S.R. 79 South Access Study
Approx. Spacing in Miles Type of Access Permitted
Southside i Northside Southside J Northside
Right In e Right In
and ~ and Full Full
East- West- s
bound Right Out ~ Right Out Movement Movement
Access Location
bound
0.143
: ._'~'
0.427
.. ...... : :... ,, ..... ... , . . . · . .
Right In Only
II
W
W
W
n~
ATTACHMENT "B"
APPROVAL
CITY ATTORNEY ~
[INANCE OFFICER
CITY MANAGER ">~';r,'F'C"'
"' TO:
· FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Department of Public WOrks
August 5, 1991
Memorandum of Understanding - Access to
Winchester Road and State Route 79 SouTh
PREPARED BY:
Douglas M. Suewart, Deputy City Engineer
RECOMMENDA'RON:
That the City Council APPROVE the Memorandum of Understanding'with CatTrans ..
and AUTHORIZE the Mayor to sign.
DISCUSSION:
A~ached you will find a Memorandum of Understanding (MOU) between the City of
Temecula and the State of California CalTrans, This MOU sets forth access criteria
to be used by the City'and CaiTrans in approving future development along
Winchester road and State Route 79 South (SR79S).
The need for this MOU is due to differing views by each agency on what access
spacing is appropriate for each highway corridor. Although each highway is within
the boundaries of the City of Temecula, prior to this MOU the City and developers
were subjec~ to a somewhat arbitrary 1/2 mile access interval imposed by CaiTrans.
City Staff has negotiated closer access spacing, as denoted in the MOU, which is now
acceptaPle to both agencies. CaiTrans is currently discussing the portions of each
corridor within The County with County personnel to develop a similar understanding.
As a side note, CalTrans personnel has stated to City Staff that this is one of the first
MOU's of its type in the State of California.
STFRF'r~OU-W~N 1
This Memorandum of Undersnndh~ is benveen the State of California, Department of Transponat%n
(hefetnaf'ter Caltnns) and the City of Temecula (hereina~er the City). ~ Memorandum or
Undem'anednz constivates solely a guide to the respectve obliZations, in~endons and policies of the Civ~'
and C, ahr~ns w use in approv~ new development =long north and sour.~'t -~tate Route 7c~. This MOU
has not been designed to author/ze fi.md~ng for project e~orr~ nor is it a [ega/Iy bind~g con~-acr. It is
~he intent o[ ~ MOU to estl, bH. sh. a mut'~lal policy which ~ lead to a cooperative ag'reemen~ bet'wee~
C=ltnns and the City w/rJ~in approximately twelve [12} monr2ts altar the execution of this MOU.
.' The basic undenvandLng is aa follows:
-NORTH RObt'~. 7~ fW'l'N(:~..~tP,~ ROAD)
1. Rou~:e 79 shall have up to three lanes for throuEh traffic and up to two lanes for local
circulation, Realignment may be necessary upon fuva.re developraent along Route 79. The
shall protect the right-of-way for said re=ligament.
Route 79 is to have 1/4 mjle intersection spacing with 1/8 mile spacing for limited access
drivewa~ (i.e. right ~, fight out only) from 1-15 to Ma~garirs Road on the norr. h side and iS to
have 1/4 mile intersection spacing on the south side.
3. From Marg',trita Road to Musrier~ Hot Springs Road the spacing shall be 1/4 m/le inzersec~ons.
4. Intersection spacing beyond Murders Hot Springs Road w~I be 1/2 m~e.
5. Approv-~s prior ~o the da~e of ',his MOU are excepted.
SOUTH ROLrFE79
Route 79 is to have 1/2 mile intersection spacing and ~/4 m~e l~,ited access. driveway spacing
from 1-15 to Ann Koack
2. Approv-a.ls prior to '~he date of ~ MOU a~e excepted.
APPL,rES TO NOR'r'H & SOUTH ROUTR 79
Intenection and Lkmited access design shall be developed in accordance with policies,
procedures, practices and sr. andard. s nonn=lly followed by C=lrans and the City.
Even~u=l re=li~u2xent of Route 79 may be necessary due to development along current Route 79.
'r'ne C.~ty sha.U, provide C.~ltran~ fur. ire right-of-w~y proreckon for Route 79 rea2dgnment through
negotia~ous.
KEN ~ i ~- ~-r~ Dis'n"icl: Dh:ector
RONALD J, PAR,KS, Mayor
City of Temecu/a
D~a~e
S'F~, ATTACh-lED MAPS
APPROVED AS TO FORM:
·$con F. Field, Ci'cy A~torney
ATTEST:
ATTACIilViEINT "C"
AGENDA REPORT
TO: Publicrrraffic Safety Commission
FROM: Raymond A. Casey, Principal Engineer -
Land Development
DATE: August 25, 1994
SUBJECT: Item 3
Caltrans Memorandum of Understanding (MOU) Regarding Access
Configurations to State Route 79 (SR79)
RECOMMENDATION:
That the Public/Traffic Safety Commission recommend approval of the draft MOU regarding
access to State Route 79 Dc'--"~ to City Council.
BACKGROUND:
On August 5, 1991 the City Council approved the current Memorandum of Understanding
(MOU) with Caltrans regarding access to State Route 79 South and Winchester Road. The need
for this MOU was deemed necessary "due to differing views by each agency on what access
spacing is appropriate for each highway corridor".
During the process of adopting the General Plan the City Council directed staff to re-evaluate
the current MOU, as the access configurations potentially had an effect on the developability of
some of the properties pursuant to the adopted land uses.
A committee was formed made up of two Public/Traffic Safety Commissioners and two Planning
Commissioners to evaluate input from affected property owners at a series of workshops held
at the City. The attached draft MOU is a result of those workshops.
FISCAL I]VIPACT:
None
Attachments:
1. Attachment "A" Draft MOU
2. Attachment "B" Current MOU
3. Attachment "C" Workshop Agenda, Minutes
ATTACHMENT "D"
AGENDA
HIGHWAY 79 COMMITTEE
ATTENDEES: Ptanning Commission Chairman Steve Ford, Planning Commissioner Billie Blair, Public
Traffic/Safety Commissioners Charles Cos and Ron Guerriero, Public Works Principal Engineer
Raymond Casey, Traffic Engineer Bob Davis, and affected proper~y owners
June 2.9, 1994 6:00 p.m.
CITY OF TEMECULA
City Hall
43174 Business Park Drive
Temecula, CA 92590
MEETING AGENDA
I1o
Ill.
IV.
Introduction
A. Minu~es
B. Discuss Current Proposal
Proposed Revisions
A. Locations and Types of Access
B. Traffic Study Analysis
Public Input
A. Desired Access Points
Public Traffic/Safety Commission, Planning Commission Schedule
Conclude Meeting
pwOS'~cesey%94~Jtr%hwy792.egde
TABLE I
R~qu--,
M~ute By:
A~prox, Sp~ing ~u ~
We~0oumi
Wm of Murri~ta
Hot Springs
Pustic Glen
CUP 3194
C~as
TABLE 2
LD.
Spacing in 3,5lu
5<mthsi~
RightIn
l~quesz A~,eas and
~ By: Lotion Eastlxmnd Wee:bound Right Out
Type of A~c~ss Requesmd
Nortbsiae Southskle
RiZh~ O~t Movement
Noz~ide
John Mornmarco Bedford Court
X J X
2 An~y Anderson I~ Paz
Nmd 4-~y step sips
3 ~ry M~k. hmn Wabash Lane
3.5 Rich Valdez Old Pala Road
Right-~xt, Right-Out from Southside Only
Right4A, Right-Out f~om Southside Only
Mrs. Sactom Juiuiiah Smith Rd.
8 C'"nris Smith Country Glen Way
Lan7 Markham Constance 'A'
8,5 Chri, Smith Mirgarita
Commercial ~enter
FuLl Tm'nin~ Movement beth sides
Full Turning Movement both sides
Right-In, Right-Out from Southside
10.3 hrry Swanget East of Mariarim 1/g
Right-In, Right-Out Souths~de
10.5 Cuba Ko East of Marganta 1/8 Mi]e
Right-h, Right-Out from Northside, 1/8 ],file Spacing
10.7 - Jerry Swanger F, an of Paloma Del 1/8 MiJe
Sol Center Drive
14.5 ,~teve Corona ~ of BuUer~eld l/g Mi~
Stage
Larry Maxkhz. m iededia~ Smith
Road
Right-T,x, Right-Out Southside
[Y4 ]vfile Frontage]
X
Highway ~
Minutes
TO:
FROM:
DATE:
SUBJECT:
All Attendees
t~Raymond A. Casey, Principal Engineer - Land Development
June 9, 1994
Highway 79/Bedford Court
Mr. Casey began the meeting with:
This is the second in a series of meetings to take input from propera/owners associated with
Highway 79 South and Highway 79 North (Winchester) regarding access points. City Council
directed Staff through the General Plan process to re-evaluate the current Memorandum of
Understanding (M.O.U.} with Caltrans regarding these access points. Consequently, this
committee was created, with two members of the Planning Commission and two members of
the Public/Traffic Safety Commission. The first meeting was held in March to take input.
Revisions to the current M.O.U. were presented at that meeting and were sent out to be
reviewed.
Mr. Casey introduced Mr. Bob Davis, the Traffic Engineer for the Cit'y'e General Ran who is
also evaluating these access points on behalf of the property owners. The meeting was
designed so that questions/comments could be brought forth from both property owners and
committee members.
·" (Using an overhead-exhibit) Mr. Casey showed the attendees and committee members the
access points being discussed. He compared access points from the current M.O,U. with the
proposed revisions and felt the revisions to Winchester were relatively minor.
Mr. Casey stated that he understood Bob Davis supported all the Requested road access
points. Bob Davis agreed except for'the access associated with the Riverside County CUP,
No. 16. They felt that the spacing of that particular intersection was not adequate. They are
trying to maintain a 1/5 mile spacing which is slightly less from the original Caltrans M.O.U.
spacing which is 1/4 mile. This particular intersection is less than 1/5 mile from Winchester
Creek Road.
Using the exhibit, Bob Davis explained that the intersections with the asterice are limited to
right-in right-out and the ones with the holes are consistent with the M.O.U., the open ones
are additional proposed accesses.
Mr. Casey suggested taking input on Winchester Road first, whether a consensus of access
points locations can be recommended to the full commissions and ultimately to the City
Council. Mr. Casey opened the discussion for input.
1 of 5 r:t, caley~tnern%S4Vninutes.h7S skg
Bob Davis stated that Rustic Glenn Drive is a proposed full movement intersection and will be
signalized. According to Mr. Larry Markham, Markham and Associates, the CUP 3194 is on
the east side and coincides with the Ceas property driveway location. The proposed Arco
station is on the east side of Winchester and south of Murrieta Hot Springs Road. A driveway
exists on the west side.' Mr. Casey stated that the CUP 3194 access, as shown on the
exhibit, should be replaced with the existing Salkine driveway. Larry Markham agreed~ The
Ceas driveway is a right-in and right-out driveway.*
Larry Markham further stated that Bedford Court is proposed tO have an access point on the
north side. La Paz Street will be a four-way signalized intersection. Wabash Lane is shown
on the current M:O.U. as a full turning movement intersection. We are proposing that it
remain a four-way signalized intersection to provide access to the commercial property on the
north side of the street. Pale Road is on the current M.O.U. and shown as a right-in right-out.
The new Pale Road alignment is between the old alignment and Jedediah Smith Road.
Jedediah Smith Road is shown as a full movement signalized intersection with a driveway on
the south side. Constance A street is in the current M.O.U., and there will also be limited
access on south side at the same spacing. Constance B street and Avertida de Missions are
existing intersections and is in the current M.O.U. Countnf Glen is existing on the south side
as a right-in fight-out and we are proposing that there be a four-way signalized intersection
in the new M.O.U. The existing Arco station is right-in and right-out on the north side and the
Vail Ranch Center is proposing a limited access on the south side. Margafita Road is an
existing full movement intersection. Paloma Del Sol minor will be on the north side as a
limited access and restricted to right turns. Paloma Del Sol Center Drive would be the main
access point to the center on the north side and would also provide access to parcels south
of Highway 79 south. This will be a new full turning movement signalized intersection.
Meadows Parkway and Butterfield Stage Road are currently on the M.O.U. as four-way
signalized intersections. One other additional access was agreed to as right-in and right-out
on the north side. Temecula Creek Road is also shown on the current M.O.U. and will be
recommended as a right-in and right-out.
According to Bob Davis, the distance between Margarita Road and the Paloma del Sol minor
driveway is slightly less than a 1/4 of a mile. The distance between the freeway and the first
full movement intersection is slightly over a cluarter of a mile,( .27 miles), to Wabash Lane is
just slightly under .2 miles, to the new Pale Road alignment is just slightly under .4 miles, and
to Jedediah Smith Road is about a Quarter of a mile. On Highway 79 South, we are still
concerned about Bedford Court. We cannot support full movement on Bedford Court. The
issue will be whether or not this signal can be inner-connected with the ramps to provide a
smooth flow. Full movement will be determined after a more in-depth study of whether the
signals can work together or whether or not it restricts traffic flow.
Mr. Casey suggested that the Jedediah Smith Road remain a four-way signalized intersection
as it is identified as a primary circulation element in the City's General Plan.
Larry Markham stated that the Los Ranchitos Home Owners Association met two weeks ago
to discuss the matter, and the board is in support of limiting the access into Los Ranchitos at
tedediah Smith Road and La Paz Street. We are in the process of putting together a survey
to send out to our property owners soliciting their thoughts on perhaps "cul-de-sac-ing'
Jedediah Smith Road, or making it a right-in and right-out only. La Paz should be connected
2 of .i n~asey~ern%S4~inutes.h7~ skg
at Vafiejo Avenue and not can:led through from Vallejo Avenue to the State Highway. It is our
belief that the commercial traffic associated with the State Highway should be separated from
the Los Ranchitos residential traffic.
Mr. Markham went on to say, Mr. Raymond's project has been established for about six years.
Bedford Court is not a driveway bu~ is a publicly dedicated street. The business owners in the
center are in favor of the intersection going to full movement and would prefer to see it
signalized as soon as possible because a fatality had occurred at this intersection
approximately a month ago. Mr. Moromarco is also in favor of the intersection being full
movement. Mr. Medley is concerned about the intersections at Coherence A & B, both
existing and dedicated, given that his property consists of 55 acres of office-professional
zoning. Mr. MedleY/is opposed to losing the turn movement capabilities at Coherence B. Mr.
Markham felt Cons~ance A street should be a full turning movement, but a final
recommendation will be made to the Commi~ee when we get the survey back from the
properCy owners.
Jerry Swanger, Vail Properties, had asked to add some right-in's and right-out's at 1/8 mile
spacing on the south side of Highway 79 (S), eas~ of Margarita. Meadows Parkway and
Kaiser Parkway are both shown as four-way signalized intersections.
Jack Raymond, Bedford Court, reaffirmed that this intersection should be full movement. If
it were to stay right-in, right-out it would prohibit people from goring back on the freeway.
We feel it should be signalized. There was not a driveway encroachment permit. The original
Parcel Map 21592 and various summary use permits showed a public street.
Burcon MeryI stated that he and many others have built a business there. There is going to
be a mess at La Paz Street as well as, by the freeway and Texaco. A signal at this
intersection would be ideal. The problem is that there are no breaks in the traffic through this
section of Highway 79(S). A stop sign at La Paz and at the west side of the freeway on-ramp
would reduce the speeds and have a positive affect on traffic flow, including safety. There
are some safety and traffic flow problems, This would be .the least expensive solution.
Mr. Casey responded that Caltrans is studying the intersection of l-15 and Highway 79 for
possible stop sign installations, which may help the situation in the interim. Catch 22,
ultimate improvements are two years away, but there is a traffic problem now.
Marcy Lauber said that he has been in contact with Caltrans. They are currently studying the
entire corridor from the freeway ramps to Pala Road. The preliminary suggestions are to go
to a four-way stop at the southbound ramps. Channelization for the westbound approach.
This area needs to be re-surveyed for new speed limits.
Mr. Casey stated that input needs to be taken, in meeting such as these, so that
recommendations can be taken to City Council and then ultimately to Caltrans. Caltrans does
have the ultimate authority over the roadway. These meetings afford the property owners the
opportunity to have a say in a somewhat focused arena.
Dennis Kitchell, Hussong's Mexican Restaurant, as a merchant, does not like the
recommendation of a right-in right-out. As a citizen, he is concerned about the traffic level
3 of e r:~case,f%rnem~,94~'ninute$.h79 skg
and any dangers at the 'intersection. This is his livelihood, and his livelihood depends on
people's access to him. It was always his understanding that this intersection was always
going to be a full intersection. The traffic break is the biggest problem. The speed limit adds
to the problem. The saying that "speed kills" is true in this case,
Faye Ryan, Mobil Oil, stated that placing a median would cut off residents and commercial
traffic going to I-15, Service stations run on convenience, This would reduce business by half
if not more. After deliver,/of gasoline, the trucks would have to go into a residential area in
order to turn around.
Mike Carchar, Cads Jr., supports not recommending right-in right-out, and he also was under
the understanding that this would be a full movement intersection.
Paul Dodiwald, Circle B Food and Market, supports a full service movement intersection.
John Moromarco, is in favor of a four-way signal at Bedford Court.
Richard Valdez, TPC, stated the project report shows two approved access points at Pale
Road, and shows that the new Pale Road is the access point and the old Pale Road is also
approved and it may not be wise to abandon the old access point at this time. He thinks it
~ill be needed for secondary access to California Sunset Homes.
Old Pale Road should be limited to right-in right-out,
Jerry Swanger, MDC Vail, stated that consideration should be given to those paying for these
improvements (Assessment District 159 participants).
Steve Ford, Planning Commission, stated that this intersection should be synchronized with
the proposed on-ramp signals and would like to see Wabash Lane a full movement
intersection. He also was in support of the additional right-in right-outs as proposed on both
sides. He expressed having concerns about Los Ranchitos Home Owners Association thought
process on La Paz Street and Jedediah Smith Road. If there is any way possible to encourage
Celttans to place stop signs at the ramps, he felt it would be a big step forward.
Billie Blair, Planning Commission, stated that she travels that highway and would like to see
a way that individuals would not have to "jump in front" of traffic to make it across the road,
She Questioned the number of signals proposed for Highway 79 (too many),
Ron Guerriero, Public/Traffic Safety Commission, favored a full movement intersection at
Bedford CouFL Ten signals are not extraordinary for a State Highway. We need to put
pressure on C81trans.
Charles Coe, Public/Traffic Safety Commission, stated that Bedford Court needs a signal. It
cannot be the merchants fault, the businesses are there. It is a dangerous area and something
eeds to be done. He has a problem with the proposed cul-de-sacs on Jedediah Smith Road
and La Paz Street. No small group of the City should have the right to restrict circulation for
the rest of the City.
4 of S t:'tcasey~mem%94~'ninuze,l.h79 skg
Steve Ford, Planning Commission, would like to change the name of Highway 79, for it is
changing with the town.
Dennis Kitchell, stated that Highway No. 39, in Orange and Los Angelea Counties, has a great
portion of commercial, residential, and vacant t~/pe of land. It has signals every half mile or
mile, and has a lot of congestion, but Temecula's Hwy 79 (S) is not as big. The signals will
not impact the people.
Steve Ford stated that he favors the additional right-in right-outs as proposed.
Marty Lauber stated that Commissioner Coe would also like to rename Highway 79 and the
public may need tO be involved.
Target date for next meeting was set by Mr. Ray Casey for June 15, 1994, at the same time
and place,
Steve Ford asked for a repor~ from Caltrans regarding their temporary and immediate plans
for I-15 and Highway 79 north and south. Marty volunteered to handle this issue.
· Marry suggested that the next meeting be pushed back to June 29, 1994.
Next meeting scheduled for 6:00 p.m. on June 29, 1994, in the Main Conference Room at
City Hall.
5 of 5 t:~casey~rnem\94~inutes.h7S skg
ITEM #6
MEMORANDUM
TO:
FROM:
Planning Commission
Gary Thornhill, Director' of Planning
DATE:
September 19, 1994
SUBJECT:
Planning Application No. PA94-0078 (Minor Change - Tentative Tract Map No.
23100), Planning Application No. PA94-0079 (Minor Change - Tentative Tract
Map No. 23101), and Planning Application No. PA94-0080 (Revised Map -
Tentative Tract Map No. 23103)
Prepared By:
RECOMMENDATION:
Matthew Fagan, Assistant Planner
The Planning Department Staff recommends the Planning
Commission:
APPROVE Planning Application No. PA94-0078 (Minor
Change - Tentative Tract Map No. 23100) based upon the
Analysis and Findings contained in the Staff Report and
Subject to the Attached Cond~ti.~ns of Approval.
APPLICATION INFORMATION
APPLICANT:
REPRESENTATIVE:
LOCATION:
APPROVE Planning Application No. PA94-0079 (Minor
Change - Tentative Tract Map No. 23101 ) based upon the
Analysis and Findings contained in the Staff Report and
Subject to the Attached Conditions of Approval.
ADOPT Resolution No. 94- approving Planning
Application No. PA94-0080 (Revised Map - Tentative
Tract Map No. 23103) based upon the Analysis and
Findings contained in the Staff Report and Subject to the
Attached Conditions of Approval
Bramalea California, Inc.
The May Group
West of Butterfield Stage Road, south of La Serena Way, east of
Meadows Parkway and North of Rancho California Road (Specific
Plan No. 199 - Margarita Village).
R:~,STAFFP, PT',7$PA~4.]~C 9/14/94 k~
BACKGROUND
Tentative Tract Maps 23100,23101 and 23103 were originally approved by Riverside County.
Subsequent Extensions of Time for the maps were approved by the City of Temecula. In
addition, phasing maps (for filing multiple final maps) for Tentative Tract Map No. 231 O0 (TTM
23100) and Tentative Tract Map No. 23101 (TTM 23101) were approved by Riverside
County. Planning Applications No. PA94-0078 (Minor Change - TTM 23100), PA94-0079
(Minor Change - TTM 23101), and PA94-0080 (Revised Map - TTM 23103) were formally
submitted to the Planning Department on August 16, 1994. The Chardonnay Hills
Homeowner's Association was mailed a Notice of ProjeCt Proposal transmittal on August 24,
1994. A Development Review Committee (DRC) meeting was held on September 1, 1994.
All Planning Applications were deemed complete on September 8, 1994.
PROJECT DESCRIPTION
Planning Application No. PA94-0078 (Minor Change) is a request for a modification of
Condition of Approval No. 20.c. for TTM 23100 and Planning Application No. PA94-0079
(Minor Change) is a request for a modification of Condition of Approval No. 23 for TTM
23101. Both of these conditions pertain to the installation of park sites within the respective
tracts. Originally one recreation/park, a linear park and natural open space were approved
under these projects (reference Attachment No. 5 .E.). The applicant now proposes to add one
more recreation center/park within TTM 23103 (reference Attachment No. 5.E.). Planning
Application No. PA94-0080 (Revised Tract Map) is a request to revise TTM 23103 by
combining four lots into one and adding one open space lot; thereby, reducing the total
number of lots from 18 to 16. Planning Application No. PA94-0080is also a request to phase
the map in two phases.
ANALYSIS
Relationshi~ of the Three (3) Plannine Aoplications
Although these projects have been taken in as separate Planning Applications, they are
interrelated. The applicant has submitted the two minor change requ~.sts and the revised map
request in order to allow them to construct the park facilities in concert with their project
phasing. As originally approved, the linear park and the natural open space are split between
separate maps - TTM 23100 and TFM 23101 (Reference Attachment No. 5.E.). The
recreation center/park is located in TTM 23100; however, it was to also serve the residents
in TFM 23101. According to the original conditions of approval for TTM 23100 and TFM
23101, the park area was to be developed in conformance with Specific Plan No. 199
Amendment No. 1 prior to the issuance of grading permits for 160 units on Tract TM 23100.
The park areas were not developed at that time.
Currently, the northeastern and southeastern portions of the site (which include portions of
all three maps) have been graded. The remainder of the site remains ungraded. The western
portion of the site has not been graded and this is where the recreation center and the linear
park sites are to be located (as previously approved). The applicant proposes to include a
park facility in TTM 23103 (in addition to the a pproved parks in TTM 23100 and TTM 23101 ).
The applicant feels that there is a current need for park facilities in this area. In addition, the
site has been already been graded. The park facility in TTM 23103 precipitated the need for
the Revised Map for TTM 23103. The applicant has apprised homeowners within TM 23100
and TM 23101 of their intentions in a letter dated August 22, 199,~ (Attachment No, 6),
Conditions of Aoproval/"Cross Conditionina"
Staff met with the applicant to determine their timing plan for the installation of both
recreation center/park facilities the linear park, and the open space. The key issue was to
assure that all park facilities are installed in a timely manner to serve the community. Since
the project consists of three separate maps/actions, the need arose for Staff have some
"leverage" to assure that the parks are constructed in a timely manner. Staff conferred with
the City Attorney and it was determined that conditions of approval for one map could be
placed upon another map with the consent of the applicant. The applicant has submitted a
letter agreeing to this situation (Reference Attachment No. 6). For this reason, there has been
some duplication of conditions of approval placed on PA94-0078, PA94-0079, and PA94-
0080. This will assure that the timing for installation of park facilities is consistent.
Annexation of Park Facilities into the Homeowner's Association
Staff had concerns regarding the maintenance of the park facilities, These parks will not be
maintained by the Community Services District. Currently, areas that would contain the future
park facilities are not within the boundaries of the established Homeowner's Association.
Conditions of approval have been added to the project to assure that maintenance
responsibilities for the recreation centers/parks, linear park and open space will be borne by
the homeowner's that will benefit from the development. The appl;cant has informed Staff
that this condition of approval must be after the recordation of the final maps (the Department
of Real Estate will not allow any annexations until final maps are recorded).
EXISTING ZONING AND GENERAL PLAN CONSISTENCY
Existing zoning for the site is Specific Plan. Staff has determined that the modification to
timing of construction of the previously approved and future park sites as well as the Revised
Map are consistent with the Specific Plan. Staff has reviewed the proposed projects and has
determined that they are consistent with the City's adopted General Plan. Specifically, Land
Use Element Policy 5.2 (Require the provision of pedestrian and bicycle linkages from
residential areas to open space/recreation facilities); Open Space/Conservation Element Goal
1 (A high quality parks and recreation system that meets varying recreational needs), and
Open Space/Conservation Policy 5.8 (Require adequate open space in new develo. pment for
both passive and active recreation).
ENVIRONMENTAL DETERMINATION
The proposals do not include any development over and above that which has been previously
approved. Since the projects have not changed the scope of the overall project, Staff has
determined that PA94-0078,PA94-0079,and PA94-0080will not be subject to the provisions
of the California Environmental Quality Act (CEQA),
SUMMARY/CONCLUSIONS
Planning Application No. PA94-0078 (Minor Change) and Planning Application No. PA94-0079
(Minor Change) are requests for modification to Condition of Approvals that pertain to the
installation of park sites within TTM 23100 and 23101. Planning Application No. PA94-0080
(Revised Tract Map) is a request to revise TTM 23103 by combining four lots into one and
adding one open space lot; thereby, reducing the total number of lots from 18 to 16. Planning
Application No. PA94-0080 is also a request to phase the map in two phases. The applicant
proposes to construct a recreation center/park within TI'M 23103. The applicant feels that
there is a current need for park facilities in this area. In addition, the site has been already
been graded. Staff has determined that the projects are consistent with Specific Plan No. 199
and the City's General Plan. PA94-0078, PA94-0079, and PA94-0080 are not subject to the
provisions of the California Environmental Quality Act (CEQA).
FINDINGS
Plannine Aoolication No. PA94-0078 (MinOr Chanee- 1'I'M 23100)
The previous findings made for TI'M 23100still pertain to this project; therefore, no additional
findings need to be made at this time. Original findings for TFM 23100 are included 'as
Attachment No. 7.
Plannine APPlication No. PA94-0079 {Minor Chance - TTM 23101)
The previous findings made for TTM 23101 still pertain to this project; therefore, no additional
findings need to be made at this time. Original findings for TTM 23101 are included as
Attachment No. 7.
Plannine Al~olication No. PA94-0080 (Revised MaD - TTM 23103)
The proposed land division is consistent with applicable general and specific plans.
The project is consistent with the Goals and Policies contained within the City's
General Plan. The project is also consistent with Specific Plan No. 199 - Margarita
Village.
The site of the proposed land division is physically suitable for the type and density of
the development. The project has previously been approved for 18 lots. The proposal
is for the merger of four lots into one, thereby, reducing the number of lots within the
subdivision from 18 to 16.
The design of the proposed land division or proposed improvements are not likely to
cause substantial environmental damage or substantially and unavoidably injure fish or
wildlife or their habitat. The project site has been previously graded and no fish or
wildlife or their habitat exists on the site.
The design of the proposed land division or the type of improvements are not likely to
cause serious public health problems. Improvements to the site as required by the
conditions of approval for the project will insure that the public health and safety are
maintained.
The design of the proposed land division or the type of improvements will not conflict
with easements, acquired by the public at large, for access through, or use of, property
within the proposed land division.
Attachments:
2.
3.
4.
5.
Resolution No. 94-
Conditions of Approval PA94-0078
Conditions of Approval PA94-0079
Conditions of Approval PA94-0080
Exhibits - Blue Page 22
A. Vicinity Map
B. Zoning Map
C. General Plan Map
D. Tentative Tract Map Boundaries
E. Phasing Map (23100and 23101)
F. Tentative Tract Map (23103)
Letters from the Applicant - Blue Page 23
Original Findings for TTM 23100 and TTM 23101 - Blue Page 24
__- Blue Page 6
Tentative Tract Map No. 23100) - Blue Page 10
Tentative Tract Map No. 23101 ) - Blue Page 14
Tentative Tract Map No. 23103} - Blue Page 18
ATTACHMENT NO. 1
PC RESOLUTION NO. 94-
R:XSTAFFRIrE~78PA94.FC 9/14194 [rJb 6
ATFACtiIvfFENT NO. I
PC RESOLUTION NO. 94-
A RF-qOLUTION OF ~ PLANNING CO1VINHRSION OF
~ CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA94-0080 (REVISED MAP) TO
COMBINE 4 LOTS INTO ONE, AND CREATING ONE
OPEN SPACE LOT, Ri,IIUCING TItF. TOTAL NUMBER OF
LOTS FROM 18 TO 16, AND RECORDING ~ MAP IN
TWO PHASES LOCATED WEST OF BUTTERFIELD
STAGE ROAD, NORTH OF RANCHO CALIFORNIA ROAD
'AND KNOWN AS ASSESSOR'S PARCEL NOS. 953-060-030,
953-060-012, 9~3-060-026 AND 953-0~0-009
WB~.REAS, Bramalea California, Inc., fried Planning Application No. PA94-0080
Revised Map) in accordance with the City of Temecula General Plan and Riverside County
l~nd Use and Subdivision Ordinances, which the City has adopted by reference;
WltEREAS, Planning Application No. PA94-0080 (Revised Map) was processed in the
time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA94-0080
(Revised Map) on September 19, 1994, at a duly noticed public hearing as prescribed by law,
at which time interested persons had an opportunity to testify either in suppor~ or in opposition;
WI~.REAS, at the public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons deserving to be heard, said Commission considered all facts
relating to Planning Application No. PA94-0080 (Revised Map);
NOW, TtIV. REFORE, THF. PLANNING COMMISSION OF ~ CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are tree and correct.
Section 2. Findings. That the Temecula Planning Commission hereby makes the
following fmdings, to wit:
1. The proposed land division is consistent with applicable general and
specific plans. The project is consistent with the Goals and Policies contained within the City's
General Plan. The project is also consistent with Specific Plan No. 199 - Margarita Village.
2. The site of the proposed land division is physically suitable for the type
and cl~nsity of the development. The project hag previously been approved for 18 lots. The
proposal is for the merger of four lots into one, thereby, reducing the number of lots within the
subdivision from 18 to 16.
3. The design of the proposed land division or proposed improvements are
not likely to cause substantial environmental damage or substantially and unavoidably injure fLsh
or wildlife or their habitat. The project site has been previously graded and no fEh or wildlife
or their habitat exists on the site.
4. The design of the proposed land division or the type of improvements axe
not ilkely to cause serious public health problems. Improvements to the site as required by the
conditions of ,,approval for the project will insure that the public health and safety are maintained.
5. The design of the proposed land division or the type of improvements will
not conflict with casements, acquired by the public at large, for access through, or use of,
property within the proposed land division.
(a) As conditioned pursuant to Section 4, Planning Application No.
PA94-0080 (Revised Map) as proposed, conforms to the logical development of its proposed
site, and is compatible with the health, safety and weftare of the community.
Section 3. Environmental Compliance. The proposals do not include any development
over and above that which has been previously approved. Since the projects has not changed
the scope of the overall project, Staff has determined that PA94-0078. PA94-0079, and PA94-
0080 wffi not be subject to the provisions of the California Environmental Quality Act (CEQA).
Section 4. Conditions, That the City of Temecula Planning Commission hereby
approves Planning Application No. PA94-0080 (Revised Map) to combine 4 lots into one,
creating one open space lot, reducing the total number of lots from 18 to 16, and recording the
map in two phases, located west of Butterfield Stage Road, noah of Rancho California Road and
known as Assessor's Parcel Nos. 953-060-030, 953-060-012, 953-060-026 and 953-050-009,
subject to the following 'conditions:
A. Attachment 4, attached hereto, and incorporated herein by this reference and made
a pan hereof.
Section 5. PASSED, APPROVED AND ADOPTED this 19th day of September, 1994.
STEVb. lSl J. FORD
CHAIRMAN
I I:FF, REBY CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 19th day of
September, 1994 by the following vote of the Commission:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
G~Y~ORNHILL
SK~T~Y
R:'xSTAFFP, PT'~78PA94.PC 9/14/94 klb 9
ATTACHMENT NO. 2
CONDITIONS OF APPROVAL PA94-0078 - TENTATIVE TRACT MAP NO. 23100
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA94-0078 (Minor Change - Subdivision: Tentative Tract Map
No. 23100)
Project Description: Minor Change to Condition of Approval No. 20.a. of Tentative
Tract Map No. 23100 pertaining to timing for the installation of park facilitieS.
Assessor's Parcel Nos,:
Approval Date:
Expiration Date:
953-060-024and 953-060-025
PLANNING DEPARTMENT
General Requirements
The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its
officers, employees and agents from any claim, action, or proceeding against the City
of Temecula, its advisory agencies, appeal boards or legislative body concerning
Planning Application No. PA94-0078 (Minor Change - Tentative Tract Map No. 23100)
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.
This project and all subsequent projects within this site shall be consistent with
Specific Plan No. 199.
The project and all subsequent projects within this site shall be subject to Development
Agreement No. 5.
The project and all subsequent projects within this site shall comply with all mitigation
measures identified within EIR No. 202.
The applicant shall comply with all Conditions of Approval for Tentative Tract Map No.
23100, extensions of time, and amendments unless superseded by the Conditions of
Approval contained herein.
6. Condition of Approval No. 20.a. of TTM 23100 shall be modified to read:
Prior to Issuance of Grading Permits
Prior to the approval of any precise grading plans for TM 23100-5 or TM 23101-4
(whichever occurs first), the applicant shall submit landscape and irrigation plans, along
with the appropriate filing fees for the open space adjacent to TM 23100-5 to the
R:~STAFFRFI~75PA94.PC 9/14/94 klb ] ]
Planning Department for review and approval.
Prior to the approval of any precise grading plans for either TM 23100-6 or TM 23101 -
5 (whichever occurs first), the applicant shall submit landscape and irrigation plans,
along with the appropriate filing fees for the linear park within TM 23100-6 and 23101 -
5 to the Planning Department for review and approval.
Prior to the approval of any precise grading plans for TM 23101-6,the applicant shall
submit an administrative plot plan and landscape and irrigation plans, along with the
appropriate filing fees for the recreation center and park within TM 23101-6 to the
Planning Department for review and approval. Said recreation center shall have the
comparable amenities contained in the park located within TM 23103 and be
consistent with the requirements contained in Specific Plan No. 199.
10.
Prior tt5 the approval of any precise grading plans for TM 23100-2, the applicant shall
submit landscape and irrigation plans, along with the appropriate filing fees for the
recreation center and park contained within TM 23103-1 to the Planning Department
for review and approval.
11.
Prior to the issuance of a grading permit for TM 23100-6, TM 23100-7, TM 23100-8,
TM 23101-5 or TM 23101-6, a biological assessment of the Gnatcatcher shall be
required. Any necessary mitigation measures shall be implemented.
Prior to Issuance of Occupancy Permits
12.
Prior to the issuance of an occupancy permit for the 16th unit for TM 23100-5, or TM
23101-4 (whichever occurs first), the open space adjacent to these phases shall be
installed per the approved plans and annexed into the Homeowner's Association.
Evidence of the annexation shall be provided to the Planning Department. The Planning
· Department shall inspect the open space for conformance with the approved plans.
13.
Prior to the issuance of an occupancy permit for the 16th unit of TM 23100-6 or TM
23101-5 (whichever occurs first), the linear park adjacent to these phases shall be
installed per the approved plans and annexed into the Homeowner's Association.
Evidence of the annexation shall be provided to the Planning Department. The Planning
Department shall inspect the linear park for conformance with the approved plans.
14.
Prior to the issuance of an occupancy permit for t, he 16th unit of TM 23101-6, the
recreation center and park within this phase shall be installed per the approved plans
and annexed into the Homeowner's Association. Evidence of the annexation shall be
provided to the Planning Department. The Planning Department shall inspect the
recreation center and park for conformance with the 8pproved plans.
15.
Prior to the issuance of an occupancy permit for the 16th unit for TM 23100-2 the
recreation center and park within 23103-1 shall be installed per the approved plans and
annexed into the Homeowners's Association. Evidence of the annexation shall be
provided to the Planning Department. The Planning Department shall inspect the
recreation center and park for conformance with the approved plans.
R:'~'TAFFRPT~7SpA94,PC 9/14/~4 kJb
PUBLIC WORKS DEPARTMENT
16.
The applicant shall comply with all Conditions of Approval for Tentative Tract Map No.
23100, extensions of time, and amendments.
COMMUNITY SERVICES DEPARTMENT
17.
The applicant shall comply with all TCSD Conditions of Approval for Tentative Tract
Map No. 23100, extensions of time, and amendments unless superseded by the
Conditions of Approval contained herein.
18.
All park sites identified within Tract No. 23100 shall be owned and maintained by an
established Homeowner's Association.
R:~STAFFRPTWgPA94.PC 9/14/94 klb 13
ATTACHMENT NO. 3
CONDITIONS OF APPROVAL PA94-0079 - TENTATIVE TRACT MAP NO. 23101
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA94-0079 (Minor Change - Subdivision: Tentative Tract Map
No. 23101)
Project Description: Minor Change to Condition of Approval No. 23 of Tentative Tract
Map No. 23101 pertaining to timing for the installation of park facilities.
Assessor's Parcel Nos.:
Approval Date:
Expiration Date:
953-050-014and 953-050-015
PLANNING DEPARTMENT
General Requirements
The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its
officers, employees and agents from any claim, action, or proceeding against the City
of Temecula, its advisory agencies, appeal boards or legislative body concerning
Planning Application No. PA94-0079 (Tentative Tract Map No. 23101) 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.
This project and all subsequent projects within this site shall be consistent with
Specific Plan No. 199.
m
The project and all subsequent projects within this site shall be subject to Development
Agreement No. 5.
The project and all subsequent projects within this site shall comply with all mitigation
measures identified within EIR No. 202.
The applicant shall comply with all Conditions of Approval for Tentative Tract Map No.
23101, extensions of time, and amendments unless superseded by the Conditions of
Approval contained herein.
6. Condition of Approval No. 23. of TTM 23101 shall be modified to read:
Prior to Issuance of Grading Permits
Prior to the approval of any precise grading plans for TM 23100-5 or TM 23101-4
(whichever occurs first), the applicant shall submit landscape and irrigation plans, along
with the appropriate filing fees for the open space adjacent to TM 23100-5 to the
Planning Department for review and approval.
Prior to the approval of any precise grading plans for either TM 23100-6 or TM 23101-
5 (whichever occurs first), the applicant shall submit landscape and irrigation plans,
along with the appropriate filing fees for the linear park within TM 23100-6 and 23101 -
5 to the Planning Department for review and approval.
Prior to the approval of any precise grading plans for TM 23101-6, the applicant shall
submit an administrative plot plan and landscape and irrigation plans, along with the
appropriate filing fees for the recreation center and park within TM 23101-6 to the
Planning Department for review and approval. Said recreation center shall have the
comparable amenities contained in the park located within TM 23103 and be
consistent with the requirements contained in Specific Plan No. 199.
10.
Prior to the approval of any precise grading plans for TM 23100-2, the applicant shall
submit landscape and irrigation plans, along with the appropriate filing fees for the
recreation center and park contained within TM 23103-1 to the Planning Department
for review and approval.
11.
Prior to the issuance of a grading permit for TM 23100-6, TM 23100-7, TM 23100-8,
TM 23101-5 or TM 23101-6, a biological assessment of the Gnatcatcher shall be
required. Any necessary mitigation measures shall be implemented.
Prior to Issuance of Occupancy Permits
12.
Prior to the issuance of an occupancy permit for the 16th unit for TM 23100-5, or TM
23101-4 (whichever occurs first), the open space adjacent to these phases shall be
installed per the approved plans and annexed into the Homeowner's Association,
Evidence of the annexation shall be provided to the Planning Department, The Planning
Department shall inspect the open space for conformance with the approved plans.
13. Prior to the issuance of an occupancy permit for the 16th unit of TM 23100-6 or TM
23101-5 (whichever occurs first), the linear park adjacent to these phases shall be
installed per the approved plans and annexed into the Homeowner's Association.
Evidence of the annexation shall be provided to the Planning Department. The Planning
Department shall inspect the linear park for conformance with the approved plans.
14. Prior to the issuance of an occupancy permit for the 16th unit of TM 23101-6, the
recreation center and park within this phase shall be installed per the approved plans
and annexed into the Homeowner's Association. Evidence of the annexation shall be
provided to the Planning Department. The Planning Department shall inspect the
recreation center and park for conformance with the approved plans.
15.
Prior to the issuance of an occupancy permit for the 16th unit for TM 23100-2 the
recreation center and park within 23103-1 shall be installed per the approved plans and
annexed into the Homeowners's Association. Evidence of the annexation shall be
provided to the Planning Department. The Planning Department shall inspect the
recreation center and park for conformance with the approved plans.
PUBLIC WORKS DEPARTMENT
16. The applicant shall comply with all Conditions of Approval for Tentative Tract Map No.
23101, extensions of time, and amendments.
COMMUNITY SERVICES DEPARTMENT
17. The applicant shall comply with all TCSD Conditions of Approval for Tentative Tract
Map No. 23101, extensions of time, and amendments unless superseded by the
Conditions of Approval contained herein.
18. All park sites identified within Tract No. 23101 shall be owned and maintained by an
established Homeowner's Association.
R:~TAFFRFF~78PA94.PC 9114194 k/b 17
ATTACHMENT NO. 4
CONDITIONS OF APPROVAL PA94-0080 - TENTATIVE TRACT MAP NO. 23103
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA94-0080 (Revised Map - Tentative Tract Map No. 23103)
Project Description: A proposal to combine 4 lots into one, creating one open space
lot, reducing the total number of lots from 18 to 16, and recording the map in two
phases.
Assessor's Parcel Nos.: 953-060-030,953-060-012,953-060-026 and 953-050-009
Approval Date:
Expiration Date:
PLANNING DEPARTMENT
General Requirements
The subdivider shall defend, indemnify, and hold harmless tne City of Temecula, its
officers, employees and agents from any claim, action, or proceeding against the City
of Temecula, its advisory agencies, appeal boards or legislative body concerning
Planning Application No. PA94-0080 (Tentative Tract Map No. 23103 - Revised Map)
which action is brought within the time period provided for ~n 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.
This project and all subsequent projects within this site shall be consistent with
Specific Plan No. 199,
The project and all subsequent projects within this site shall be subject to Development
Agreement No, 5.
The project and all subsequent projects within this site shall comply with all mitigation
measures identified within EIR No, 202,
The applicant shall comply with all Conditions of Approval for Tentative Tract Map No.
23103, extensions of time, and amendments unless superseded by the Conditions of
Approval contained herein.
Prior to Issuance of Grading Permits
Prior to the approval of any precise grading plans for TM 23100-2, the applicant shall
submit landscape and irrigation plans, along with the appropriate filing fees for the
recreation center and park contained within TM 23103-1 to the Planning Department
for review and approval,
R:~STAFFRF~78pA94.1~C 9/14/94 kJb 19
Prior to Issuance of Occupancy Permits
Prior to the issuance of an occupancy permit for the 16th unit for TM 23100-2 the
recreation center and park within 23013-1 shall be installed per the approved plans and
annexed into the Homeowners's Association, Evidence of the annexation shall be
provided to the Planning Department, The Planning Department shall inspect the
recreation center and park for conformance with the approved plans,
PUBLIC WORKS DEPARTMENT
The following are the Department of Public Works Conditions of Approval for this project, and
shall be completed at no cost to any Government Agency. All questions regarding the true
meaning of the conditions shall be referred to the appropriate staff person of the Department
of Public Works.
General Requirements
The applicant shall comply with all Conditions of Approval for Tentative Tract Map No.
23103, extensions of time, and amendments unless superseded by the Conditions of
Approval contained herein.
m
Condition of Approval No. 38 for Tentative Tract Map No. 23103 should be revised to
include "City Mylar."
10.
Conditions of Approval Nos. 56-58 should be revised to state the assigned street
Prior to Issuance of Certificates of Occupancy
11. -All drainage facilities shall be installed as required by the Department of Public Works.
12.
The existing improvements shall be reviewed, Any appurtenance damaged or broken
due to construction operations of this project shall be repaired or removed and replaced
to the satisfaction of the Department of Public Works.
13.
All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
COMMUNITY SERVICES DEPARTMENT
General Requirements
14. The park land dedication requirement (Quimby) for Tract No. 23103 has been satisfied
with the payment of $20,700 for in-lieu fees on November 25, 1992.
15.
All perimeter slopes and parkway landscaping, designated as Temecula Community
Service Department (TCSD) maintenance areas, shall be identified and offered for
dedication to the City as a maintenance easement on the final map. Underlying
ownership of the respective areas shall remain with the individual property owner or
the Homeowner's Association.
R:'~STAFFRPT~78PA94.1r'C 9114/94 kib
16.
All slope areas, parkway landscaping, trails and medians shall be improved in
conformance with the city of Temecula Landscape Development Plan Guidelines and
Specifications.
17.
Construction of all perimeter landscaping, trails, and landscaped medians that are
proposed for dedication to the TCSD shall commence pursuant to a pre-job meeting
with the developer and the City Maintenance Superintendent. Failure to comply with
the TCSD review and inspection process may preclude acceptance of these areas into
the TCSD maintenance program.
18.
The aeveloper, or the developer's successors or assignees, shall maintain all park
facilities, perimeter slopes and landscaping, trails and medians until such time as those
responsibilities are accepted by the TCSD or the Homeowner's Association.
19.
All perimeter walls, entry monumentation, interior slopes, and open space shall be
maintained by the individual property owners or an established Homeowner's
Association.
20.
Pursuant to the Parks and Recreation Master Plan, Class II Bike Lanes shall be
constructed along Rancho California Road and Butterfield Stage Road in concurrence
with the roadway improvements for the project. Where permissible, Class II Bike Lanes
shall be constructed to allow on-street parking.
Prior to Recordation of the Final Map
21,
Landscape construction drawings for all project areas identified as TCSD maintenance
areas shall be reviewed and approved by the Director of Community Services prior to
recordation of the final map. In addition, the developer shall post security and enter
into an agreement to improve any respective perimeter slopes, landscaping, and
medians that are proposed for dedication to the TCSD for maintenance purposes.
Prior to Issuance of Certificate of Occupancy
22.
Prior to the issuance of the first certificate of occupancy within each phased map, the
developer or his designee shall submit, in a format as directed by TCSD staff, the most
current list of Assessor's Parcel Number assigned to the final project.
23.
Prior to issuance of the first certificate of occupancy within each phased map, the
developer shall file an application with the TCSD and pay the appropriate fees for the
dedication of arterial and residential street lights into the maintenance program.
OTHER AGENCIES
24.
The applicant shall comply with the recommendations outlined in the Eastern Municipal
Water District transmittel dated August 26, 1994, a copy of which is attached,
R:XSTAFFRPT~'TSPA94.PC 9/14/94 LIb 21
Eastern ,/ / unicipal ater DiStrict
August 26, 1994
RECEIVED
AUG 3 0 1994
Matthew Fagan, Case Planner
City of Temecula
Planning Department
43174 Business Park Drive
Temecula, CA 92590
nI UTED
SUBJECT: PA 94-0080 (Revised TM 23103)
Dear Mr. Fagan:
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 proposal to revise TM 23103, located along the
west side of Butterfield Stage Road and north of Rancho California Road, and reduce the total
number of lots from 18 to 15.
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 within the District and programs of systems improvement.
As such, the provision of service 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.
Sanitarv Sewer
The subject project is considered tributary to the District's Temecula Valley Regional Water
Reclamation Facility (TVRWRF).
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, Hemet, CA
Matthew Fagan
PA 94-0080
August 26, 1994
Page 2
Judging from District records, the nearest existing TVRWRF system sanitary sewer facilities to
the subject project are as follows:
8-inch diameter sewer aligned along Ahem Lane, east of Promenade Bordeaux and
terminating at the western boundary of the subject project.
8-inch diameter sewer aligned along Chemin Clinet, east of Promenade Chardonnay Hills
and terminating at the western boundary of the subject project.
Should you have any questions regarding these comments, please feel free to contact this office
at (909) 925-7676, ext. 468.
Very truly yours,
EASTERN MUNICIPAL WATER DISTRICT
David G. Crosley
Senior Engineer
Customer Service Department
DGC/cz
AB 94-697
(wp-nrwk-PA940080.clz)
A'I'[ACHMENT NO. 5
EXHIBITS
EXHIBIT B - ZONING MAP
DESIGNATION - SP (SPECIFIC PLAN)
CITY OF TEMECULA
.,j ~ v- ~ ""~
/-/ U~
/ ~. SITE '
~..~--OS
M i
~=XHIBIT C - GENERAL PLAN
7-SIGNATION - LM, VL, AND OS
CASE NO. - PA94-0078, PA94-0079, PA94-0080
PLANNING COMMISSION DATE - SEPTEMBER 19, 1994
R:\STAFFRPTX78PA94.l~C 9/14/94 klb
CITY OF TEMECULA
CASE NO. - PA94-0078, PA94-0079, PA94-0080
EXHIBIT- D TENTATIVE TRACT MAP BOUNDAR,'-F..S
PLANNING COMMISSION DATE - SEPTEMBER 19, 1994
R:',STAFFRPI~?SpA94.PC 9/14/94 klb
CITY OF TEMECULA
II
'4
CASE NO. - PA94-0078, PA94-0079, PA94-0080
EXHIBIT - A
~LANNING COMMISSION DATE - SEPTEMBER 19, 1994
VICINITY MAP
CITY OF TEMECULA
ORIGINALLY APPROVE[~
REC/PARK SITE
PROPOSED PHASING
LEGEND
ORIGINALLY APPROVED
LINEAR PARK
OPEN SPACE
PROPOSED
REC/PARK SI'FE
CASE NO. - PA94-0078, PA94o0079, PA94-0080
EXHIBIT- E PHASING MAP 23100, 23101 AND 23103
PLANNING COMMISSION DATE - SEPTEMBER 19, 1994
CITY OF TEMECULA
CASE NO. - PA94-0080
EXHIBIT- F TENTATIVE TRACT MAP 23103
'~LANNING COMMISSION DATE - SEPTEMBER 19, 1994
ATTACHMENT NO. 6
Lt: I I a=RS FROM APPLICANT
R:\STAFFIL°TWSPA°A.PC 9/14/~4 kJb 23
August :22, 1994
Chardonnay Hi11~ Homeowners
Re: Recreation Area
Dear Homeowner:.
I am writing this letter to follow up on the previous correspondence that we have sent
regarding the future of the Chardonnay Hill~ COmm~lity.
For the past few months, we at Brnmnlea have been busy buiMing the new models
and the first phases of the new product, as well as f~naliTing the plans for the recreation
centers. The new models will be open thi_~ Saturday, August 27th and we are very excited
to See the COmm. nity active again_
We have had several comm-nications with you in regard to the recreation facilities
and have decided to build ~wQ recreation centers in the cornre-hiW. Both centers will be
highly amenitized with facilities such as a pool spa, wading pool, tenni~ coull, tot-lot, etc.
We would like to build the first facility as soon as possible, which will be in Tract 23103
adjacent to Butterfield Stage Road. The City has graciously agreed to assist us in expediting
the approval process, Bramalea will start the construction of the first recreation center as
soon as it obtain~ the permits. Our schedule shows that thi~ first center will be open by
Spring of 1995. We invite you to visit our sales office to view the conceptual plnn~ for the
recreation centers.
We are excited about the future of the Chardonnay Hill~ Community and appreciate
all the support that you have given us.
/ ~Vi~~~resident
:
September 14, 1994
Mr. Matthew Fa~n
City of Tomeerda
Plan~g Dcpr.
43174 Business Park Drive
Temeada, CA 92590
Re: Amendment to Conditions of Approval for Tmas 23100, 23101, 23103
De4u' Matthew:.
Pursuant to our conversation, Bramalea California, Inc./Marlborough Development
Corporation is l. agreement with the attached draft modification of the Conditions of
Approval and has no objection to the cross-conditioning of Tact 23100, 23101 and 23103
as stated in the attached draft
Iwednesday September 16, 199/, 3:23pm -- Frm ,71x, 5~ ~92' -- Page
FRO~ BRRNRLER FRONT
L;II'T ~X'
P. ]
ATTACHMENT' NO. 2
CONDrTION9 OF APPROVAL PA94-0078 - iIr. NTATIVE TRACT MAP NO. 23100
!n~J~'AmPT~71PAM.~7 W|a~4 Mb 10
Septmr 14, 1~, 3:ZSpll -- Froel '714 509/,~9'Z, -o Page
BY:
8-14-M ;II:30AM:
CITY CF 'ngEC~LA-,
P. 2
714 609 4694 :~r ~l/lb
CONOrrlON5 OF APPROVAL
Planning Applicltien No. PA94-0078 (Minor Chlmge - Suldvblon; Tentative Tract Map
No. 23100)
Project Dosedpriori: MIMe ChanGis to Candidon of ApFOVd No. 20.s. of Tentative
Tract Map No. 23100 pertaining to dming for the instahtlon of pe~k htc]iitiea.
Assoosor's Parcel Nee.:
Expifldon Oats:
963~)60-024and 953~)60-025
General Requiredtents
The subdivider shall defend, indemnify, and hold harmless the CIty of Temecula, its
officers, employees and agents from any claim, action, or proceeding 8gainst the City
of Temecula, its advisory agencieS, appeal boards or legislative body c~nceming
Planning ApDlicetion No. PA94-0078 (Minor Change - Tentative T~ect Map No. 23100)
which action is b~ought within the dme perlixJ provided for in Celifomie Government
Code Section 66499.37. The City of Temecule will promptty notify the subdivider of
any such claim· action, or proceeding against the City of Temecule 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
· hall not, thereafter. be respunsiblo to defend, indemnify, or hold harmless the City of
Temecula.
This project and all subsequent pro)acts within this site shall be consistent with
~lac,,~c Ran No. 19g.
The project end all subsequent projects within this site shall be subject to Development
Agreement No- 5.
The project and all subsequent projects within this site shaft comply with oll mitigetlon
measures identified within EIR No. 202.
The applicant shell Comply with all Conditions of Approval for Tentative T~sct Map No.
231 OO, extensions of time. and amendments unless superseded by the Conditions of
Approval contained heroin.
6. Condition of Approval No. 20.8. of TTM 23100 shell be modified to read:
Pdof to Issuance of Grac~nO Permits
PHor to the approval of uny precise grading plans for TId 23100-5 Or TM 231014
(whiCheveroccurs first} the ePplicent shell aubmitlendscapeand;rr;getionplanS along
with the appropriate filing fees for the open space adjacent to TlVl 23100-5 to the
I:~ITA-eFITFT%~I~ANI. IC NI,I/~ NIl l ]
~-14-84 :II:31AM;
714 509 46~:# 4/15
01
Planning Department for review and approval.
Pri or to the approval of any Precise grading plans fo~ either 1M 23100-6 Or TM 2310 i -
(whiChever occurs first), the applicant shell lubn~it landscape and inigstlofi ;dens
alerig with the aplYopdete filing fees for the linear perk within TM 23100-6 end 23101 '-
to the Planning Department for review and approval.
Prior to the approval of any Feciee grading plans fo~ TM 23101-6, the ap;dicant slall
submit an administrative plot plan and landscape and ;rrigetto~ plans, along with the
appropriate filing fees for the recreation canter and perk within TM 23101-6 to the
Panning Department for review and approval. ~ recreation career shall have the
comparable amerdtios cOntained in the park located within TM 23103 and be
mi~tent with the requirements contained in Specific Pin NO. 100.
Prior to the approval of any l~ecise grading plans for TM 23100-2, the applicant shall
submit landscape and irrigation plea. along with the appropriate filing fees fOr the
remeatio~ center end park contained within TM 23103-1 to the Planning Department
for review and approval,
Prior to the issuance of a grading permit for TM 23100-6, TM 23100-7.TM 23100-8,
TM 23101-5 or TM 23101-6. a biological assessment of the Gnatcatcher shall be
required. Any necessary mitigation measures shall be implemented.
Pdor to Issuance of Occupancy Permits
Prim to the issuance of an occupancy permit for the 16th unit fOr TM 23100-6, or TM
231014 (whichever occurs first), the open space adjacent to thee phases shall be
installed per the approved plans and el~exed into the Homeowners Association,
Evidence of the annexation shall be provided to the Planning Department. The Planning
[:)apartment shall inspect the open space for co~fo~mance with the approved ;dane,
13.
~ri0r to the issuance of an occupancy pennlt for the 16th unit of TM 23100-GOt TM
23101-5 (whichever occurs ~rst), the linear perk adjacent to these phases shall be
installed per the approved plans end annexed into the Homeowner*s Association,
Evidence of the annexation shell be provided to the Panning. Department, The Planning
Departr,ent shell inspect the linear park for conformsrice with the approved ;dane,
14.
Prior to the Issuance of an occupancy permit for the lath unit of TM 23101-6, the
recreation center and perk within this phase shall be Installed per the approved pians
end annexed into the Homeowner's Association. Evidence of the annexation shaft be
;ovlded to the Planning Department. The Planning Department shall Insider the
recreation center and park for confermanes with the approved plans.
15. Prior to the issuance of an cupan nnlt for the 16th unit for TM 23100-2 th~
recreation center end park withirr II be installed per the approved plans end
annexed into the Homeowners' ion, Evidence ot the annexation shall be
provided to the Planning Department. The Planning Department shall inspect the
recreation center and perk for c~thc apDroved pla;s.
RAf/'~'/~ItAN.Iq~ N|4,'~4 kI 12 . ~,CA/~/'/
tWednesday September' 1/,, 199~, :3:23pu -- Frm ,714 509/,692' -- Page 41
~ BY: 8-t4-94 :II:~2AN;
9.$4.1994 Z4z57
P. 4
714 509 41~:I
PUBLIC WORKS DEPARTMENT
18. The applicant shell comply wlfn ell CondiTions of Approval fnr TenTative Tract Map NO.
?.3100, extensions of t;me. and amendments-
COMMUNITY SERVICES DEPARTMENT
17.
The applicant shall comply with ell TCI;D Conditions o/Approval for Tentecive Trect
MaD NO, 23100, exter~ions of time, end amendments urdess superseded by the
~tionl Of Approvel contained herein,
18, NI park sites identified within Tract No. 23100 shall be owned end melnte;ned by en
emblished Homeowner's Association.
~.y~Nx ~n,~, kB 13
CII~' OF ltM!III,A-
P. ~
1'14 ~0~1 46~4:# 6/'15
ATTACHMENT NO. 3
CONDITION8 OF APPROVAL PA94-OO7g - TENTATIVE TRACT MAP NO. 23101
i~rAI"RtF~71FAI4,FC Wl4~4 ss 14
IVecinesday September 1~,, 199~ 3:Z3pe -~ From '71~ 509/~92, -- Flee 61
FROR BRRI~RLER FRONT
SENT BY: 9-14-N ;ll:32.fd/;
9.14.1994 14,5e
CITY OF
F. 6
714 S09 46~:9 7/15
crry OF~
CONDITION8 OF APPROVAL
Planning ,&ppliutim No. P~TO(Mlngr Clmnge - lulx~vllfOn: T~b TeiGI Map
No. 231011
FroJec~ Deacdpdon: MinQr Change to Condition of Approval No. 23 of Tentative Tract
Map No. 23101 pertaining to dining fo~ the Installation of pad; faoiGdee.
AeseeMr'o Pard No.:
Approval Date:
Expiration DOte:
953-050-014and 953-050-015
PLANNING DEPARTMENT
Gm Re4ultementa
The subdivider shall defend. indemnify, and hold harmless the Ci~ of TemeGula, its
Officers, employees and agents from any claim, action, or proceeding against the City
of Temecula, its edvison/agencies, appeal boards or legislative body concerning
Ranning Application No. PA94-0079 (Tentative Tract Map NO. 23101 ) which action
iS brought within the time period provided fgf in California Government Code ~ction
66499.37. The City of Temecula will promptly notify the subdividm, of any such claim,
action, or proceeding against the City of Tamecure and will cooperate fully Jn the
defense. If the City fails to promptly notify the subdivider of any such claim, action,
or proceeding of fails to cooperate fully in the defense, the subdivider shall not,
thereafter, be responsible TO defend, indemnify. or hold harmlesS the City of Ternsouls.
This project and all subsequent projects within this site shall be consistent with
Specific Plan No. 199.
TM project and all subsequent projects within this site shell be subject to Development
Agreement NO. 5.
The project and all ~ubsequent project~ within this s3te shag comply with all fnitigetio~
measures identified within aIR No. 202.
The applicant shall comply with all Conditions of Approval for Tentative TraCt Map No.
23101, extensions of time, and amendments unless Superseded by the Contilt;arts of
Approval contained heroin.
6, Condition of Approval No. 23. of s a d ?.3101 shall be modified to read:
Pdor to luuence of Gadlag PastIts
Prior to the approval of any wecise grading plans fo~ TM 23100-6 or TM 231014
(whichever occurs first), the applicant shall mulenit landscape end irrigation plans, along
with the appropriate firing fees for the open space ao'Jacem To TM 23100-5 to the
Planning Department for review and approval,
FROH BRRRRLER FROHT
~ BY: 9-14-94 :I|:~AN;
9,14.1994 14:58
CITY OF T1~d~lLA-
P, 7
714 509 46~;f 8/15
Prior to the approve! of any precise grading plans for sither TM 23100-6 or TM 23101 -
5 (whichever occurs first), the applicant shell submit landscape and irrigation plm~a,
along with the appropriate filing fees for the linear perk within TM 23100-8 end 23101 -
5 tO the Planning I:)elmsrtmont for review and approve/.
Prior to the approval of any precise grading plans for TM 23101-6, thl applicant shall
submit on administrative pl0t Plan end landscape and i,;9ation DIEM, elan9 with the
appropriate filing fees Ior the rocreaf~on center and perk within TM 23101-6 to the
Planning Department for review end approval. Said recreation center shall have the
comparable emardt;es contained in the park located within TM 23103 and be
consistent with the requirements contained in Specific I~an No. 199.
10,
Prior to the approval of any precise gradan9 plans for TM 23100-2, the applicant shall
submit landScape and irrigation plans, along with the appropriate filing fees for the
recreation center and park contained w;t)dn TM 23103-1 to the P~anning Department
for review and approval.
11
Prior to the issuance of a grading permit for TM 23100-6, TM 231 O0-7, TM 23100-8,
TM 23101-5 or TM 23101-6, e biological assessment of the Gnatcatcher shall be
required. Any necessary mitigation measures shall be implemented.
Pdor to biLlam of Occupancy Permits
12.
Prior to the issuance of an occupancy parmit for the 16th unit for TFU123100-6, or TM
231014 {whichever occurs first), the open space adjacent to these phases ~hall be
Installed per the epproved plans and annexed into the Homeowner'S Association.
EvHence of the annexation shall be provided to the Planning Department. The Planning
Department shell Inspect the open space for cunforrrmnce with the epproved plans.
13.
Nor to the issuance Of an occupancy permit for the 16th unit of TM 23100-8 or TM
23101-5 (whichever occurs first), the linear park adjacent to these phases shall be
installed par the aplyoved plans and annexed into the Homeowner's Association.
Evidence of the annexation shall be provided to the Ranrdng Department. The Planning
Department shall inspect the linear park for conformsrice with the apl:xoved plans.
14.
Prior to the issuance of an occupancy permit for the 161h unit ol T1V123101-6, the
recreation Center and park within this phase shell be installed per the epproved plans
and annexed into the Homeowner's Association. Evidence of the annexation shall be
provided to the Planning Department, Tam Renning Department shall inspect the
reCr0Stjon center and park for conformante with the spproved plans,
Prior to the issuance of an OCC y rmit for the 16th unit for TM 23100-2 the
recreation center and park with;~i'~030~ ~-l"~all be installed per the approved plane end
annexed into the Homeowners~o~3'~ lion. Evidence of the annexation shall be
provided to the Planning Department, ~he Renning Department Shall inspect the
recreation center an~J park for conforman with the epproved plans.
F. 8
714 509 4684:zY 9/15
18,
The applicant ~hall comply with ell Conditions of Aplxoval for Tematlve Tract Map No,
23101, extensions of tim, and amendments,
COMMUImTY ~ERVIC, E9 DEPARTMBIT
17.
1'he applicant shall comply with oil TCSD Conditions of Approval for Tentative Tract
Map No. 23101. extensions of time, end amendmoats unless superseded by the
CondiUens of Approval contained herein.
AI park sites identified within Tract No, 23101 shaft be owned and maintained byan
established Homeowner'l Asaaeiat;on.
9.14.1994 15~98
CITY OF 11~l~l~l_A'~
P.~
714 509 46N:~10/15
ATTACHMENT NO. 4
CONDrrION8 OF APPROVAL PA~4-0080- TENTATIVE TRACT NIAP N0, 23103
Iwed~esday september 14, 199~ 3:Z3;m -- Frm '71~ 5~ ~' -- Page lol
FROR BRR~RLER FRetiT
~ ~; ~-14-M ill :~:
CiTY OF TEIEQ.I~-
CONDItIOnS OF APFROVAL
Manning Application No. PA94-0080 O~evised Map - Tentative Tract Map No. 23103)
Project Doledpriori: A propose| to ogreblue 4 lots into one, mdudng the fetid nunsbet
of lots from 18 to 16, end f_ _e~_~dlng the mp ;n two phases.
Asaeesor'S ParGel Nee,; 953-060-030,953-060-012,953-060~26and 953-050-009
ApFeovd Date:
FLANNINO DEPARTMENT
The subd;vlder shaft defend, indemnify, end held harmless the City of Temecula, its
officers. employees and agents fron~ any claim, act;on, or proceeding against the City
Of Temecul8, its advisory agencies, appeal boards ~' legislative bndy concerning
Planning Application No. PA94-0080 (Tentative Tract Map No, 23103 - Revised Map)
which action is brought within the time period provided for in California Government
Code Section 66499.37. The City nf Tamecuts will promp*Jy notify the subd;vider 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 falls to cooperate fully in the defense, the subdivider
shall not, thereafter, be responsible to defend, indemnify. or hold harmless the CIty of
Tomecub.
This project and ell subsequent proiect~ within this site shell be consistent with
Specific Plan No. 199.
The project and all subsequent projects within this site shall be subject to I)evelopment
Agreemere No. 5.
The project and all subsequent projects within thl8 site shall comply with all mitigation
meaSUre identified within EIR No. 202.
The applicant shaft comply with all Conditions of Approval f0~ Tentative Tract Map No.
23103, extensions of time. and amendments unless superseded by the Conditions of
Approval contained heroin.
Pdor to Iseum~:;e of Grading Pefmha
Prior to the approval of any precise grading plans for TM 23100-2, the appHcont shaft
submit landscape and irrigation plans, alga9 with the appropriate filing fees for the
recreation center and park centeined within TM 23103-1 to the Planning Department
for review end approval.
It.~tTAIIFIF~Tli;AN.B; W|4f!4 m 19 :
)Wednesday SepTember 14~ 1~ 3:7,3la -- From '714 50~/~>92, -- Page 111
FRO~ BRAHALEG FRONT
:SEh'T B~: 8-14-~4:11:~1;
9,14.1994 15:66
CITY 0F TElelLA-
714 509 4694:#12/J5
Pdor to bouifftc~e of Occupancy Permits
7.
provided to the Ranning Department. The Planning Department shall inspect the
recreation Center and park for conformsnee with the approved plans,
PUBLIC WORK~ DEPARTMENT
The Idlewag ere the Department of Public WOrkS Conditions of Approval for this project, end
shall be completed at no cost to any Government Agency, All questions regarding the true
meaning of the conditions shell be referred to the approl~iate staff person of the Department
Of Public Wm'ka,
Oenerd Requirements
d
The applicant shell comply with all Conditions of ADproval for Tentative Tract Map No.
23103, extensions of time. and amendments unless superseded by the Conditions of
Approval contained herein.
Conditior~ of Approval No. 38 for Tentative Tract Map No. 23103 should be revised to
include 'City Mylar.'
10.
Conditions of Approval Nee, 56-56 should be revised to state the assigned street
names.
Pdor to Issuance of Certificates of Occupancy
11. At1 drainaOe facilities shall be installed as required by the Department of Public works.
The existing improvements sham be reviewed. Any appurtenance damaged or broken
due to cortstruction operations of this project shaft be repaired or ;eraeyed and replaced
to the satisfaction of the Department Of Public Works.
13. All necessary certifications and clearances from engineers, utility companies and public
agencies shell be submitted as required by the Department of Public Works.
COMMUNITY SERVICES DEPARTMENT
Gened Requirements
All proposed slopes intended for dedication to the TCSD for maintenance purposes
shall be identified on the final mop as a landscape easement and offered for dedication
or1 the final map.
15.
Class II bike lanes shell be provided on Butterfield Stage Road to intercept with the
City's Park and Recreation Master Ran. The bike lanes shell be constructed in
concurrence with the street improvements.
II~ednesday september lz,, 199~, 3:23pm -- Free '716 509/,692' -- Page 121
FRON BRRNIILEO FRONT
SlaNT BY: '8-14-94 ;ll:;r/AM;
CITY OF TEMEQIA.-
714 509 4694:f13/15
16. Landecoped wean within the landscaped me&arts propseed fo~ Mterfiold $ta0e Road
· hell be Improved and inspected pursuant tO TCSD standards.
IMor to liltlance of ~e Of 0eOul~ancy(s)
17. Prior to the issuance of the first certificate of occupancy for each phased map, the
dovelope or his 8ssignoo slmll file an application with the TCSD end pay the
appropriate fees for the dedication of arterial and streetlights into the maintenance
program.
OTHER AGENCIES
18- The applicant ~hall comply with the recommendations outlined in the EasTern Municipal
WBTer DistriC~ t~ansmittal clsted August 2e, 1994, a copy of which is ettechecl.
a:~l'rA~kN.I,c N!4N Mb 21
ll/ednesday September 14, I~W~ 3:ZIps -- Fr~s FRON BRRNRLER FRONT
Eastern ]V[un ic i,a er District
August 26, 19~4
Cl~ ~ TD63,1~"
RECEIVED
AUGS
Matthew Fsgan, Case Pl~mcr
City of
Planning Depamnent
43174 Business Park Drive
Temecula, CA
b'UIU!~'T: PA ~ (Revis~ TM 2310.3)
Dear Mr. l~agan:
Wc have review~l the nlatcrlals transmitted by your oftke which describc the subject project.
Our comments arc outlincd Ix;low;
It i~ our understanding tile subject project is a proposal to revis~ TM 23103, located .long the
west side of Batter~cM Stage Road and north of Rancho California Road, and reduce Uae tolal
gumbet of ]oL~ from 18 to 15.
TI~ eabject vtuject is located within lhc District's santrine, st~vet service ares. However, it mast
he understood the available servk~ capabilities of the Di~'ict's sy.~ems st~ continually changing
due to the occurrence Of development within lit District and programs of systems improvemere.
As suds, d~ provision of sewice will be bas~l on t~e deta~ed plan of sr.n, ice ratuir~mer~s,
tinlh~ of the ~lbje~t pwje~t. lie status of li~ Dlstrtct's permit Io q3cntc, and ~ service
agreement b~twcen the District and tl~ dcvclopc4' of Ihg subject project.
SRqilQrv ~,Sewer
The mbjcct pro~ct is considcrcd Itil~tm'y to il~ District's Temecah Valley Rzgional Water
Reclamation Facility (TVRWRF),
gsii To: l~st Oilice lies S 300 , SaD Jacinto, Csl i/ne~ia, 92581 .R:t,'10 o Telephone (909) 925-7676 · Fa (~09) 929-0Z$ 7
Main Oir~.. ~34~ -~ ~an Jscinm A~me, San Jacinto , Cnsmax, f Sen'ke/rm,eineefinl AmsL'r. 440 E, OslrJed A~nu~. ~ CA
I.ednesday September 14, 1994 3:Z3pm -- Frm '714 509 A69Z' -* Page 14~
FROH BRRNRLER FRONT
Sl!NT BY: a-14-1M ;II;C~;
9,14.1994 l~-'e2
CITY OF ~-.
714 S09 4694;#15/15
PA 94-O080
AuSun2~, 1~4
Psg~ 2
Judging from District rccords, the ucsrcsl uirdng 'rVRWRi~ syslcm sanila,'y sewer fscilifics to
Uae mbject projec& azc as follows:
diameter ~rwcr aligned alung AJ~rn Lm~e, cast or Promcnadc Bordeaux and
tcnrdnating at fig w~tcm boundary of the subject pmjcct,
II
8-inch dimnctcr sewer aligned along Chcmin Clinct, east of promenade Chardonnay Hills
and terminnting at the we~lcrn boundary of t~e mbject project.
Should you have any questions regarding I~ese comments, please fcc{ ftt:c to contact this off'r.c
at (909) 925-7676, ext. 468.
Very truly yours,
EASTERN MUNICIPAL WATER DISTRICT
David G. Crosley
S~nior Endreef
Customer Service Depafiment
DGC/cz
AB 94-697
(w~-PANllO4O.cb,)
ATI'ACHMENT NO. 7
ORIGINAL FINDINGS FOR TTM 23100AND TTM 23101
R:~STAFFRPT~78PA94.PC 9/14/94 klb 24
S~Jff Repor~
Tract Nos. 23100 Amended No. 1
23101, 23102
23103 Amended No, 1
Page 3
Tract 23100 Amended No. I proposes e minimum 7200 square feet lot size and the
development of the southern portion of Planning Area 5, the proposed park. The
tract has been conditioned to comply with the Stephens Kangaroo rat mitigation
included in Spectfic Plan No. 199.
In conformance with the specific plan's conditions of approval, prior to
issuance Of grading permits for 160 units on Tracts 23100 and 23101, the park
shall be developed to assure compatibility in grading and to meet neighborhood
recreational needs. A lot line adjustment with the Rancho California Water
District is also required prior to recotdation of the final map.
Tract No. 23101 proposes a minimum lot size of 6000 square feet but ensures a
usable rear yard area per the specific plan conditions of approval. Tract
23101 will also comply with the specific plan's conditions of apprnval to
mitigate Stephen's ~angaroo P~t impacts.
Tract No. 23102 proposes a minimum 7200 square foot lot size. Tract 23103
Amended No. I proposes one acre minimum lot sizes along Butterfield Stage Road
so as to provide a buffer and transition to wineries located to the east. l'ne
applicant is requesting a velvet to the County's required length to width ratio
for lot 18 due to the difficult configuration of this parcel of land and
restricted access on Butterfield Stage Road.
All four tracts have been conditioned to mitigate impacts to the Mt. Paler nat
Observatory, school impacts, as well as comply with acoustical reports and the
adopted specific plan and development agreement requirements.
Environmental Assessments have been prepared on all four tracts. Environm~ental
impacts were assessed in EIR 107 and EIR 202 prepared for the Rancho Yillage
Specific Plan and the Margarita Village Specific Plan. A~ditional
environmental evaluation has been provided by the reports prepared for the
specific plan ~mendment and the acoustical studies prepared for three tracts.
No significant environmental impacts have been found.
FINOINSS:
1. Tentative Tract No.s 23100 Amended No. 1, 23101, 23102, and 23103 A;ended
No. I are located in Village B of the Pargarita Village Specific Plan.
2. The four tracts will divide 254 acres into 605 residential lots.
3. The tracts have been conditioned per the Specific Plan's condition of
approval to mitigate impacts to the Stephen's Kangaroo Rat.
SUrf Report
Tract Nos. 23100/uended
23101, Z3102
23103/mended
Page 4
The tracts I~ve been condltloned to comply ~Ith Specific Plan 199, Change
of Zone No, 5107 and Developnent Agreement No. 5,
A waiver for lemgth to wld~h ratio w~l 1 be needed for Tract 23103' A~ended
No. 1.
C~NCLU~IO~:
All envlronma:tal concerns have been addressed in EIRs 107, 202 and the
initial studies for these tracts and no significant impacts have been
found.
2. The tracts are conslsten~with General Plan ~nendment No. 150, Change of
Zone No. 5107, Specific Plan No. 199, Amendment No. 1.
3. The tracts conform to the requlre~ents of Ordinances 34B and 460.
RECOMMENDATIONS
i Jan cl for EA Nos. 32318, 32533, 32534, 32535 based
environment.
APPROVAL of Tentative Tract Nos. 23100 A,~ended No. 1, 23101, 23102, anc~ 23103
i~5~li'd'No. 1 sub)ct to the attached conditions of approval.
KG :mp
ITEM #7
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
September 19, 1994
Change of Zone No. 26
Prepared By: Craig D. Ruiz, Assistant Planner
RECOMMENDATION:
The Planning Department Staff recommends the Planning
Commission:
RECOMMEND Adoption of the Negative Declaration for
Change of Zone No. 26; and
APPLICATION INFORMATION
ADOPT Resolution No. 94- recommending the
adoption of Ordinance No. 94- amending the official
zoning map of the City of Temecula for Change of Zone
Application No. 26 based upon the Analysis and Findings
contained in the Staff Report.
APPLICANT:
Drake Kennedy & Brian Kennedy
REPRESENTATIVE:
Markham and Associates
PROPOSAL:
Change of Zone Request for a 21.4 acre parcel from R-A-20
(Residential Agricultural-20 acre minimum parcel size) to C-O
(Commercial Office) and R-5 (Open Space)
LOCATION:
The southwest corner of Rancho California Road and Ridge Park
Drive
EXISTING ZONING:
R-A-20 (Residential Agricultural-20 acre minimum parcel size)
SURROUNDING ZONING:
North:
South:
East:
West:
Manufacturing Service Commercial (M-SC)
Open Space (R-5)
Industrial Park(I-P)
County of Riverside
PROPOSED ZONING:
C-O (Commercial Office) & R-5 (Open Space)
GENERAL
PLAN DESIGNATION:
Professional Office
EXISTING LAND USE: Vacant
SURROUNDING LAND USES:
North: Light Industrial
South: Vacant
East: Vacant
West: County of Riverside
PROJECT STATISTICS
Total Area: 21.4 acres
BACKGROUND
The application for Change of Zone No. 26 was submitted to the Planning Department on
August 12, 1992 requesting a zoning designation of Manufacturing Service Commercial {M-
SC) and Open Space (R-5). The applicants were informed that the M-SC (Manufacturing
Service Commercial) zoning request was inconsistent with the City's Draft General Plan and
that staff could not support their request. The applicants then requested the processing of
their application be suspended until the City adopted the General Plan. As part of the General
Plan process, the applicants requested and received a General Plan Land Use Designation of
Professional Office for the subject property.
Once the General Plan was adopted, the applicants were given the option of withdrawing their
application, changing the application or going forward to the Commission with a
recommendation of denial, Because the applicants did not respond to staff's requests, the
item was before the Planning Commission on June 6, 1994, with a recommendation of denial.
At the June 6 meeting, the applicants' representative requested the item be continued so that
the applicants could revise their zone change request to be in conformance with the City's
General Plan.
PROJECT DESCRIPTION
The Zone Change is a request for the redesignation of a 21.4 acre parcel from R-A-20
(Residential Agricultural, 20 acre minimum parcel size) to C-O (Commercial Office) and R-5
(Open Space}. No applications for development of the property have been filed with the
rezoning request.
ANALYSIS
Area Coml3atibilitv
The vacant project site is located in the foothills of the westerly portion of the City. To the
north and east are developed office and industrial buildings. The property to the south is in
open space and to the west is vacant, large lot (10 acre minimum parcel size) residential land.
The portion of the site that is proposed to be zoned C-O is adjacent to the developed office
and industrial buildings. The R-5 portion of the site is adjacent to the southerly open space
and the westerly low-density residential area. It is for these reasons that staff feels this
proposal is compatible with the surrounding area.
R:\STAFFRPT\26CZ.PC2 9/13/94 klb 2
General Plan Consistency
The site is currently zoned R-A-20 (Residential Agricultural, 20 acre minimum parcel size} and
the General Plan Land Use Designation is P-O (Professional Office). The Change of Zone
request is for a redesignation of the site from R-A-20 to C-O (Commercial Office) and R-5
(Open Space). Commercial Office zone uses are likely to be similar to uses allowed in the
Professional Office land use designation. This determination is based upon conducting a
review of Commercial Office uses permitted in Section 9.72 of Ordinance No. 348 and those
uses contained in both the City's General Plan and Draft Development Code. According to the
General Plan, the Professional Office designation includes primarily single or multi-tenant
offices and may include supporting uses. Office developments are intended to include low rise
offices situated in a landscaped garden arrangement and may include mid-rise structures at
appropriate locations. Typical uses include legal, design, engineering or medical offices,
corporate and governmental offices, and community facilities. Supporting convenience retail
and personal 'service commercial uses may be permitted to serve the needs of the on-Site
employees.
EXISTING ZONING AND GENERAL PLAN DESIGNATION
The site is currently zoned R-A-20 (Residential Agricultural, 20 acre minimum parcel size) and
the General Plan Land Use Designation is PoO (Professional Office). The Change of Zone
request is for a redesignation of the site from R-A-20 to C-O (Commercial Office) and R-5
(Open Space). Uses listed in the Section 9.72 of Ordinance No. 348 are similar in nature to
those listed in the General Ran. If a development project is submitted prior to the adoption
of the City's Development Code, the project will be reviewed to determine if it is likely to be
consistent with the Development Code.
ENVIRONMENTAL DETERMINATION
An Initial Study was completed by Staff for this project. Staff has determined through their
analysis that the Change of Zone request will not immediately have an effect upon the
environment; however, it may facilitate future impacts. Through preparation of the Initial
Study, staff looked at a maximum development scenario for any future development on the
site and identified potential impacts and measures to mitigate them (see Section III of
Attachment No. 4: Initial Study). Any potential impacts from future development on the site
will be required to be mitigated to a level less than significant. Staff therefore recommends
that a Negative Declaration be adopted for the Change of Zone proposal.
SUMMARY/CONCLUSIONS
Change of Zone No. 26 is a request for a redesignation of a 21.4 acre parcel from R-A-20
(Residential Agricultural, 20 acre minimum parcel size) to C-O (Commercial Office) and R-5
(Open Space). Based upon staff's analysis, the Change of Zone request is consistent with the
City's General Plan land use designation of Professional Office. An Initial Study was
conducted for the Change of Zone request and a Negative Declaration is recommended for
adoption. The Change of Zone request will not immediately result in the potential for impacts;
however, the request may facilitate impacts when future projects are realized on the site.
FINDINGS
The proposed zone change will not have a significant adverse effect on the
environment, as determined in the Initial Study for this project. No immediate impacts
to the environment will result from the Change of Zone. Impacts from future
development can be mitigated to a level less than significant.
The zone change is consistent with the City's General Plan Land Use designation of
Professional Office for the site. It is likely that Commercial Office uses will ultimately
be consistent with the Professional Office designation. The uses are similar in both
Ordinance No. 348 and the draft General Plan.
The site of the proposed Change of Zone is suitable to accommodate all the land uses
currently permitted in the proposed zoning district due to the fact that the parcel is of
adequate size and shape for any proposed use, Section 9.75.a, of Ordinance No, 348
(Development Standards for Commercial Office) requires no minimum size for lot area.
Landscaping, parking and lot coverage requirements will be met upon ultimate
submittal of a development proposal,
Said findings are supported by analysis, exhibits, and environmental documents
associated with this application and herein incorporated by reference.
Attachments:
2.
3.
4.
PC Resolution - Blue Page
Draft Ordinance No. 94-
Initial Study - Blue Page
Exhibits - Blue Page
A. Vicinity Map
B. Zoning Map
C. General Plan Map
D. Change of Zone Exhibit
- Blue Page
ATTACHMENT NO. 1
PC RESOLUTION NO. 94-
KrrACHMF_.NT NO. 1
PC RESOLUTION NO. 94-
A RESOLUTION OF T~. PLANNING COMMISSION OF T~F. CITY OF
TEMECUIA RECOMMENDING APPROVAL OF ORDINANCE NO, 9,$-
AMENDING TI:W. OFFICIAL ZONING MAP OF TFI'E CITY FOR
CHANGE OF ZONE APPLICATION NO, 26, CHANGING TWF. ZONE
FROM R-A-20 (RESIDENTIAL AGRICULTURAL 20 ACRE MINIMUM
PARCEL SIZE) TO C-O (COMMF..RCIAL OFFICE) ON PROPERTY
LOCATED ON THE SOUTHWESTERLY CORNER OF RANCHO
CALIFORNIA ROAD AND RIDGE PARK DRIVE AND KNOWN AS
ASSESSOR'S PARCEL NUMBER 914-480-005
WtIEREAS, Brain Kennedy and Drake Kennedy filed Change of Zone No. 26 in
accordance with the Riverside County General Plan, l.and Use and Subdivision Ordinances,
which the City has adopted by reference;
WRF. REAS, Change of Zone No. 26 was processed in the time and manner prescribed
by State and local law;
WHEREAS, the Planning Commission considered Change of Zone No. 26 on June 6,
1994, at a duly noticed public hearing as prescribed by law, at which time interested persons had
an opportunity to testify either in support or in opposition;
WF/EREAS, at the conclusion of the public hearing, the Planning Commission continued
the item to the September 19, 1994 Planning Commission meeting;
WHEREAS, the Planning Commission considered Change of Zone No. 26 on September
19, 1994, at a duly noticed public hearing as prescribed by law, at which thne interested persons
had an opportunity to testify either in support or in opposition;
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons deserving to be heard, the Commission considered all facts
relating to Change of Zone No. 26;
NOW, TI-W. REFORE, ~ PLANNING COMMISSION OF T!~. CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
R:~STAFFRPT~6CZ.PC2 9/13/94 k~ 6
Section 2. Findings.
A. The Planning Commission in recommending approval of Change of Zone No. 26,
makes the following findings, to wit:
(1) The proposed zone change will not have a signiticant adverse effect on the
environment, as determined in the Initial Study for this project. No immediate impacts to the
environment will result from the Change of Zone. Impacts from future development can be
mitigated to a level less than significant.
(2) The zone change is consistent with the City's General Plan Land Use
designation for the site. It is likely that Commercial Office uses will ultimately be consistent
with the Professional Office designation. The uses are similar in both Ordinance No. 348 and
the draft Gen~ml Plan.
(3) The site of the proposed Change of Zone is suitable to accommodate all
the land uses currently permitted in the proposed zoning district due to the fact that the parcel
is of adequate size and shape for any proposed use. Section 9.75.a. of Ordinance No. 348
(Development Standards for Commercial Office) requires no minimum size for lot area.
Landscaping, parking and lot coverage requirements will be met upon ultimate submittal of a
development proposal.
(4) Said findings are supported by analysis, exhibits, and environmental
documents associated with this application and herein incorporated by reference.
Section 3. Environmental Compliance. An Initial Study was performed for this project
which determined that although the proposed project could have a significant effect on the
environment, no significant impact would immediately result to the natural or built environment
in the City. Future development of the site may result in impacts to the environment, however,
these can be mitigated to a level less than significant at the project development review stage.
Section 4. PASSED, APPROVED AND ADOFrED this 19th day of September, 1994.
STEVEN J. FORD
CHAIRMAN
R:\STAFFRPT~6CZ.PC2 9/13/94 klb 7
I l~'311~,Ry CERTIFY that the foregoing Resolution was duly adopted by the plantring
Commission of the City of Temecula at a regular meeting thereof, held on the 19th day of
September, 1994 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
GARY THORNttlLI,
SECRETARY
ATTACHMENT NO. 2
DRAFT ORDINANCE NO. 94-
ATTACHM~,IT NO. 2
ORDINANCE NO. 94-
AN ORDINANCE OF ~ CITY COUNCll. OF THE CITY OF
TEMECULA, AMENDING ~ OFFICIAL ZONING MAP OF ~ CITY
FOR CHANGE OF ZONE APPLICATION NO. ~, CHANGING THE
ZONE FROM R-A-20 (RESIDENTIM, AGRICULTURAL 20 ACRE
N]IN~VHJ1VI PARCFJ. SIZE) TO C-O (CO1VIMI~CIAL OFFICE) ON
PROPERTY LOCATED ON ~ SOUTHWESTERLY CORNER OF
RANCHO CALIFORNIA ROAD AND RIDGE PARK DRIVE AND KNOWN
AS ASSESSOR'S PARCEL NUMBER 914-480-005
THE. CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF
CALFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. Public hearings have been held before the Planning Commission and City
Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law
of the State of California, and the City Code of the City of Temecuh. The zoning district as
shown on the attached exhibit is hereby approved and ratified as part of the Official Zoning Map
for the City of Temecula as adopted by the City and as may be amended hereafter from time to
time by the City Council of the City of Temecula, and the City of Temecula Official Zoning
Map is amended by placing in effect the zone or zones as described in Change of Zone No. 26
and in the above title, and as shown on zoning map attached hereto and incorporated herein.
Section 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk
of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted
in at least three public places in the City.
Section 3. This Ordinance shall be in full fome and effect thirty (30) days after its
passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall
publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall
be posted in the office of the City Clerk at least five days prior to the adoption of this
Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a
summary of this Ordinance, together with the names of the Councilmembers voting for and
against the Ordinance, and post the same in the office of the City Clerk.
Section 4. PASSED, APPROVE/), AND ADOPTED this __ day of ,
1~__.
RON ROBERTS
MAYOR
ATTEST:
June S. Greel~, City Clerk
[SEAL]
STATE OF CAIIFORIWIA
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
the foregoing Ordinance No. 9 -__ was duly introduced and placed upon its f'trst reading at
a regular meeting of the City Council on the __ day of , 199__, and that
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council
of the City of Temecula on the __ day of , by the following roll call vote:
AYES:
NOES:
ABSENT:
COUNCILM~MBERS
COUNCILMEMBERS
COUNCILMEMBERS
JUNES. GREEK
CITY CLERK
APPROVE/) AS TO FORM:
Peter Thorson
City Attorney
R:~STAFFP, PTX26CZ.FC2 9/13/94 I~b 11
ATTACHMENT NO. 3
INITIAL STUDY
R:~STA~26CZ.PC2 9/13/94 klb 12
City of Temecula
Planning Department
Initial Environmental Study
I. BACKGROUND INFORM_A~ON
I. Name of Project:
Change of Zone No. 26
2. Case Numbers:
Change of Zone No. 26
3. Location of Project:
The southwesterly corner of Rancho Cal ifornia Road and Ridge Park
Drive
4. Description of Project:
A request for the redesignation of a 21.4 acre parcel from R-A-20
(Residential Agricultural, 20 acre minimum parcel size) to C-O
(Commercial Office).
5. Date of Environmental
Assessment:
August 24, 1994
6. Name of Proponent:
Drake Kennedy and Brian Kennedy
Address and Phone
Number of Proponent:
8820 Sunset Blvd., 2nd Floor
LosAngeles, CA 90069
(310) 657-8883
II.
ENVIRONh/IENTAL I/VIPACTS
(Explanations to all the answers are provided in Section HI)
1. Earth. Will the proposal result in:
a. Unstable earth conditions or in changes geologic substructures? _ _ X
b. Disruptions, displacements, compaction, or over covering
of the soil? X
c. Change in topography or ground surface relief features? X __
d. The destruction, covering or modification of any unique
geologic or physical features? __ X
e. Any increase in wind or water erosion of soils, either on
or off the site? X
f. Changes in siltation, deposition or erosion? X __
Yes Maybe N___o
R:\$TAFFRPTM~2Z.PC2 9113194 tlb 1
g. The modification of any wash, channel, creek, river or lake?
h. Exposure of people or property to geologic hazards such as
earthquakes, landslides, mudslides, liquefaction, ground
failure, or similar hazards?
i. Any development within an Alquist-Priolo Special Studies Zone?
Air. Will the proposal result in:
a. Air emissions or deterioration of ambient air quality?
b. The creation of objectionable odors?
c. Alteration of air movement, temperature, or moisture or any
change in climate, whether locally or regionally?
Water. Will the proposal result in:
a. Changes in currents, or the course or direction of water
movements, in either marine or fresh waters?
b. Changes in absorption rates, drainage patterns, or the rate and
amount of surface runoff?.
c. Alterations to the course or flow of flood waters?
d. Change in the amount of surface water in any water body?
e. Discharge into surface waters, or in any alteration of surface
water quality, including but not limited to, temperature,
dissolved oxygen or turbidity?
f. Alteration of the direction or rate of flow of ground waters?
g. Change in the quantity of ground waters, either through direct
additions, withdrawals, or through interception of an aquifer
by cuts or excavations?
h. Reduction in the amount of water otherwise available for public
water supplies?
i. Exposure of people or property to water related hazards such
as flooding?
Ye~ Maybe No
_ _ x
X
X
X
X
R:\STAFFRPTX26CZ.PC'2 9/13/94 Idb 2
Yes Maybe N_flo
4. Plant Life. Will the proposal result in:
a. Change in the diversity of species, or number of any native
species of plants (including trees, shrubs, grass, crops, and
aquatic plants)? __
b. Reduction of the numbers of any unique, rare, threatened, or
endangered species of plants? __ __
c. Introduction of new species of plants into an area of native
vegetation, or in a barrier to the normal replenishment of
existing species? __ __
d. Reduction in the acreage of any agricultural crop? __ __
5. Animal Life. Will the proposal result in:
a. Change in the diversity of species, or numbers of any species of
animals (animals includes all land animals, birds, reptiles, fish,
amphibians, shellfish, benthic organisms, and/or insects)? __ __
b. Reduction of the numbers of any unique, rare, threatened, or
endangered species of animals? __ __
c. The introduction of new wildlife species into an area? __ __
d. A barrier to the migration or movement of animals? __ __
e. Deterioration to existing fish or wildlife habitat? _ _
6. Noise. Will the proposal result in:
a. Increases in existing noise levels? X
b. Exposure of people to severe noise levels? X
c. Exposure of people to severe vibrations? X
7. Light and Glare. Will the proposal produce or result in light or glare? X
8. Land Use. Will the proposal result in:
a. Alteration of the present land use of an area? X
b. Alteration to the future planned land use of an area as described
in a community or general plan? __ __
R:\$TAFFILFI~6CZ.PC2 9113/94 k~ 3
Yes Maybe N__o
9. Natural Resources. Will the proposal result in:
a. An increase in the rate of use of any natural resources? X __ __
b. The depletion of any nonrenewable natural resource? X __
10. Risk of Upset. Will the proposal result in:
a. A risk of an explosion or the release of any hazardous substances
in the event of an accident or upset conditions (hazardous
substances includes, but is not limited to, pesticides, chemicals,
oil or radiation)? __ __ X
b. The use, storage, transport or disposal of any hazardous or toxic
materials (including, but not limited to oil, pesticicles, chemicals,
or radiation)? __ __ X
c. Possible interference with an emergency response plan or an
emergency evacuation plan? __ __ X
11. Population. Will the proposal alter the location, distribution, density,
or growth rate of the human population of an area? __ __X __
12. Housing. Will the proposal affect existing housing or create a demand
for additional housing? __ X__ __
13. Transportation/Circulation. Will the proposal result in:
a. Generation of substantial additional vehicular movement? __ __ X
b. Effects on existing parking facilities, or demand for new parking? X __
c. Substantial impact upon existing transportation systems, including
public transportation? __ X
d. Alterations to present patterns of circulation or movement of
people and/or goods? X
e. Alterations to waterborne, rail or air traffic? __ __ __X
f. Increase in traffic hazards to motor vehicles, bicyclists or
pedestrians? X __
14. Public Services. Will the proposal have substantial effect upon, or
result in a need for new or altered governmental services in any of
the following areas:
a. Fire protection? X __ __
R:\STAFFRPT\26CZ.PL'2 9/13/94 klb 4
Yes Maybe N__qo
b. Police protection? X __ __
c. Schools? __ X
d. Parks or other recreational facilities? __ X
e. Maintenance of public facilities, including roads? X _ _
f. Other governmental services: _ X.
15. Energy. Will the proposal result in:
a. Use of substantial amounts of fuel or energy? __ __ X
b. Substantial increase in demand upon existing sources or energy,
or require the development of new sources of energy? __ __ X
16. Utilities. Will the proposal result in a need for new systems, or
substantial alterations to any of the following utilities:
a. Power or natural gas? __ __ X
b. Communications systems? __ __ X
c. Water systems? __ __ X
d. Sanitary sewer systems or septic tanks? __ __ X
e. Storm water drainage systems? X __
f. Solid waste disposal systems? __ __ X
g. Will the proposal result in a disjointed or inefficient pattern of
utility delivery system improvements for any of the above? __ __ X
17. Human Health. Will the proposal result in:
a. The creation of any health hazard or potential health hazard? __ __X __
b. The exposure of people to potential health hazards, including
the exposure of sensitive receptors (such as hospitals and
schools) to toxic pollutant emissions? __ X __
18. Aesthetics. Will the proposal result in:
a. The obstruction of any scenic vista or view open to the public? __ X
b. The creation of an aesthetically offensive site open to public view? __ X
R:XSTAFFRPT~26CZ.PC'2 9113/~M klo 5
Yes Maybe N__o
c. Detrimental visual impacts on the surrounding area?
X
19.
Recreation. Will the proposal result in an impact upon the quality or
quantity of existing recreational resources or opportunities?
X
20. Cultural Resources. Will the proposal result in:
The alteration or destruction of any paleontologic, prehistoric,
archaeological or historic site?
X
Adverse physical or aesthetic effects to a prehistoric or historic
building, structure, or object?
Any potential to cause a physical change which would affect
unique ethnic cultural values?
X
Restrictions to existing religious or sacred uses within the
potential impact area?
R:\STAFFRPTX26CZ. PC2 9/13/94 Itlb 6
HI. DISCUSSION OF THE ENVIRONMENTAL IMPACTS
Earth
].a.
No. The Change of Zone proposal will not immediately result in unstable earth conditions or
changes in geologic substructures. Upon ultimate development of the site, projects which are
consistent with the zoning will be required to be reviewed through the Development Review/Use
Permit Process. Construction and grading for typical development in this zone will not be at depths
which would affect any geologic substructures. No significant impacts are anticipated as a result
of this project.
1.b.
Yes. 'Although the Change of Zone request will not immediately result in the disruption,
displacement, compaction, or overcovering of the soil, it may ultimately facilitate it. Any future
development will result in disruptions, displacements, compaction and overcovering of the soil, as
all grading activity requires disruptions, displacements, compaction and overcovering of the soil.
Any impacts will not be considered significant due to the fact that the site has previously been
graded, and that the mount of disruption, displacement, compaction and overcovering of the soil
can be minimized through project design. No significant impacts are anticipated as a result of this
project.
Yes. Although the Change of Zone request will not immediately result in any physical changes to
the site, future Commercial-Office development will result in a change to topographic and ground
surface relief features. This will be as a result of the creation of driveways, site improvements and
building pad sites. Impacts to the topography and/or ground surface relief features can be mitigated
through the Development Review process for future development on the site. Slopes will be
required to be planted for erosion control. No significant impacts are anticipated as a result of this
project.
1.d.
Maybe. The Change of Zone request will not immediately result in the destruction, covering or
modification of any unique geologic or physical features. However, the site is located in the
foothills of the City that is considered to be a unique physical feature. Future development relamd
impacts to the site would be mitigated through adherence to the goals, policies and standards in the
General Plan as it relates te hillside development. No significant impacts are anticipated as a result
of this project.
I.e.
Yes. Although the Change of Zone request will not immediately result in any physical changes to
the site, it may facilitate development of the site. Ultimate development of the site will result in
increased wind and water erosion of soils on and off-site. Grading will occur for the creation of
building pads, site improvements and driveways. The potential for wind and water erosions of soil
from the manufactured slopes will be increased. This will be mitigated through planting of slopes
for erosion control consistent with Uniform Building Code Standards and Ordinance No. 457. No
significant impacts are anticipated as a result of this project.
1.f.
Yes. The Change of Zone request will not immediately result in changes in siltation, deposition
and erosion; however, ultimate development of this site will result in changes in siltation,
deposition and erosion. As mentioned in response I.e., due to the creation of manufactured slopes
for the driveways, the potential exists for erosion. This in turn would result in an increase of
siltation and deposition at the bottom of any slopes. Any potential impact can be mitigated in the
manner discussed in response 1 .e. No significant impacts are anticipated as a result of this project.
l.g.
l.h.
l.i.
Air
2.a,b.
Water
3.a.
3.b.
No. The Change of Zone request and subsequent development of the site will not result in
modifications to any wash, channel, creek, river or lake. None exist on the project site, nor are
proximate to the site. No significant impacts are anticipated as a result of this project.
Yes. Although the Change of Zone request will not immediately result in the exposure of people
and property to earthquake hazards, ultimate development of the site will expose people and
property to earthquake hazards. This is because the project is located in Southern California, an
area which is seismically active. Any potential impacts can be mitigated through building
construction which is consistent with Uniform Building Code standards. The project will not
expose people or properly to geologic hazards such as landslides or mudslides. No known
landslides are located on the site, and the potential for exposure of people to landslides iS low due
to the topography of the site and potential locations of building pad(s). The same is true for
mudslides. There is a potential for Found failure and liquefaction in this area. Any potential
impacts will be mitigated through building construction which is consistent with Uniform Building
Code standards and grading that is consistent with the provisions contained within Ordinance No.
457. The above information was obtained through the City of Temecula General Plan
Environmental Impact Report. No significant impacts are anticipated as a result of this project.
No. The Change of Zone request site is not located within an Alquist-Priolo Special Studies Zone
as identified by the State of California, Resource Agency Deparmr~nt of Conservation Special
Studies Zone Map. No significant impacts are anticipated as a result of this project.
Yes. The Change of Zone request will not immediately result in air emissions, in the deterioration
of ambient air quality and in the creation of objectionable odors; however, the Change of Zone
from Low-Density Residential to Commercial-Office will create situations whereby air emissions
may increase (during peak AM and PM traffic). Air emissions and objectionable odors will occur
during the construction phase of the project. These impacts will be of short duration and are not
considered significant. The project is consistent with the City's General Plan Land Use designation
for the site. Air Quality analysis in the General Plan's Environmental Impact Report shows no
significant impact to air quality at buildout. The analysis was conducted with the assumption that
land uses would be consistent with the General Plan Land Use Designations. No significant
impacts are anticipated as a result of this project.
No. The Change of Zone request will not immediately result in, nor shall any future development
of this site result in alterations of air movement, temperature, or moisture, or in any change in
climate either locally or regionally.
No. The Change of Zone request will not result in, nor will ultimate development of the site result
in changes to currents, to the course or direction of water movemet:ts in either marine or fresh
waters. The project site is not located adjacent to either marine or fresh water sources. No
significant impacts are anticipated as a result of this project.
Yes. The Change of Zone request will not immediately result in changes to absorption rates,
drainage patterns and the rate and amount of surface runoff; however future development on the
site will result in changes when a project is realized. Previously permeable ground will be rendered
impervions by constmction ofbuildings, accompanying hardscape and driveways. While absorption
3.c.
3.d.
3.e.
3.f.
3.g.
3.h.
3.i.
rates and surface runoff will change, any impacts can be mitigated through site design at the
development review stage. Drainage conveyances will be required which will safely and adequately
handle any of the runoff which is created by the realization of a projec~ at this site. No significant
impacts are anticipated as a result of this project.
Maybe. The Change of Zone proposal will not result in alterations to the course or flow of flood
waters; however, future development of the site may result in alterations to the course or flow of
flood waters. The project is not located within or adjacent to an identified floodway; however, it
is located within the Vail Lake Dam Inundation area. Emergency r~sponse systems designed to be
implemented in the event of dam failure will be sufficient to mitigate any potential impacts to this
project. No significant impacts are anticipated as a result of this project.
No. The Change of Zone proposal will not result in a change in the amount of surface water in
any waterbody. Ultimate development of the site will result in an incremental change in the amount
of surface water generated; however, these impacts are not foreseen as being significant.
Furthermore, no major waterbodies are located in the subject project area. No significant impacts
are anticipated as a result of this project.
Yes. The Change of Zone request will not immediately result in any discharge into surface waters
or in any alteration of surface water quality. However, future development of the site may result
in discharges into surface waters or in any alteration of surface water quality. Prior to issuance
of a grading permit for any development proposal, the developer will be required to comply with
the requirements of the National Pollutant Discharge Elimination System (hIPDES) permit from the
State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of
Intent has been filed or the project is shown to be exempt. By complying with the NPDES
requirements, any potential impacts can be mitigated to a level less than significant. No significant
impacts are anticipated as a result of this project.
No. The Change of Zone request will not result in an alteration of the direction or rate of flow of
groundwaters, nor will ultimate development of the site. Constructicn on the site is not anticipat~t
to be at depths sufficient to have an impact on ground waters. No significant impacts are
anticipated as a result of this project.
No. Neither the Change of Zone proposal nor any future development on the site will result in a
change in the quantity of ground waters, either through direct additions, withdrawals, or through
interception of an aquifer by cuts or excavations. Reference response 3.f. No significant impacts
are anticipated as a result of this project.
No. The Change of Zone request will not immediately result in a reduction in the amount of water
otherwise available for public water supplies. Water service currently exists in proximity of the
project site. Typically, additional water service will be provided by Rancho California Water
District (RCWD) upon completion of financial arrangements between RCWD and the property
owner. No significant impacts are anticipated as a result of this project.
No. Neither the Change of Zone request nor future development will expose people or property
to water related hazards such as flooding due to the fact that the site is not located within the 100-
year flood plain as identified in the General Plan. No significant impacts are anticipated as a result
of this project.
Plant Life
4,a.
No. The Change of Zone request will not immediately result in a significant change to the diversity
of species, or number of any native species of plants, nor will any future development of the site.
No native species of plants have been identified on the site. No significant impacts are anticipated
as a result of this project.
4.b.
No. Neither the Change of Zone request nor any future development on the site will result in a
reduction of the numbers of any unique, rare, threatened, or endangered species of plant. There
are no unique or rare plants on the site. In addition, threatened or endangered species will not be
significantly affected (Reference response 4.a..). No significant impacts are anticipated as a result
of this project.
No. The Change of Zone request will not immediately result in the introduction of new species
to the site. Upon ultimate development on the site, new species of plants may be introduced as
required,for landscaping purposes. No significant native vegetation has been identified on the site,
therefore, no significant impacts are expected from the introduction of these species.
4.d.
No. The Change of Zone request will not immediately result in a reduction in the acreage of any
agricultural crop, nor will any future development on the site. No prime farmland, farmland of
statewide or local importance, or unique farmland is located within the project site. No significant
impacts are anticipated as a result of this project.
Animal Life
5.a,b,
d,e.
No. The Change of Zone project site lies within the Riverside County Stephem' Kangaroo Rat
Habitat Conservation Plan Preliminary Study Area. During the planning phase of the project, a
specific site survey will be conducted to determine if the SKR presently inhabits the site. If the
Stephens Kangaroo Rat is identified on the project site, the project could contribute to an
incremental reduction of SKR habitat. Any impacts to the SKR would be mitigated by the Habitat
Conservation Plan mitigation fees as required by the City of Temecula. Since a Habitat
Conservation Plan has not been established as of this date, the impacts to the Stephens Kangaroo
Rat may be mitigated through the payment of the Interim Mitigation Fee pursuant to Ordinance No.
663. This fee will be imposed as a Condition of Approval for a project at this site. No other
sensitive species have been identified upon the site. However, the topography and vegetation
contained on the site are not conducive to the SKR species. No significant impacts are anticipated
as a result of this project.
No. The Change of Zone request will not immediately result in the introduction of any new
wildlife species into the area, nor will any subsequent development projects. No significant impacts
are anticipated as a result of this project.
Noise
6.a.
Yes. The Change of Zone request will not immediately result in increases to existing noise levels;
however, it may facilitate increases from the development of the site. Upon ultimate development
of the site, there will be resultant increases to existing noise levels. The land is currently vacant
and any development of the land would result in increases to noise levels during construction phases
as well as increases to noise in the area over the long run. These impacts will not be considered
R:\STAFFRFr~6CZ.K-2 9/t3/94 klb 10
significant due to the fact that the potential for noise impacts will be discussed at the development
review stage and mitigated through site design (i.e. buffering, setbacks). No significant impacts
are anticipated as a result of this project.
6.b.
Yes. The Change of Zone request will not immediately result in the exposure of people to severe
noise levels. Ultimate development of the site may expose people to strong noise levels due m the
fact that the subject project site is adjacent to a heavily travelled thoroughfare (Rancho California
Road). Any potential impacts can be addressed at the development review stage and mitigated
through project design (i.e. walls, berms, landscaping and buffering). In addition, development
of the site may expose people to severe noise levels during the development/construction phase.
No significant impacts are anticipated as a result of this project.
Yes. The Change of Zone will not immediately result in the exposure of people to severe
vibrations. The project may expose people to severe vibrations during the development/construction
phase (short run). The exposure to severe vibrations will be of short duration and will not be
considered significant. No significant impacts are anticipated as a result of this project.
Light and Glare
Yes. The Change of Zone request will not immediately produce or result in light or glare.
Ultimate development on the site will result in new light sources. All light and glare has the
potential to impact the Mount Palomar Observatory. No impacts are foreseen from light and glare
since any future development on the site will be conditioned to be consistent with Ordinance No.
655 (Ordinance Regulating Light Pollution). No significant impacts are anticipated as a result of
this project.
Land Use
Yes. The site is currently vacant. The Change of Zone request will facilitate changing the present
land use of the site. When a development project is realized on the site the use of the land will be
altered. The Change of Zone request will be consistent with the General Plan Land Use
designation for the site. No significant impacts are anticipated as a result of this project.
8.b.
No. The Change of Zone request will not result in an alteration to the future pined land use of
the site as described in the City's General Plan. The. Change of Zone request to Commercial-Office
is consistent with the Professional Office Land Use designation contained in the City's General
Plan. No significant impacts are anticipated as a result of this project.
Natural Resources
9.a,b.
Yes. Although the Change of Zone request will not immediately result in an increase in the rate
of use of any natoral resource or the depletion of any nonrenewable resource, ultimate development
of the site with Commercial-Office uses will result in an increase in the rate of use of natural
resources (construction materials, fuels for daily operation, asphalt, lumber) and the subsequent
depletion of these non-renewable natural resources. No significant impacts are anticipated as a
result of this project because of the anticipated small scale of any proposed development.
R:\STAFFRFI~26CZ.K"2 9113194
Risk of Upset
10.a,b.
No. The Change of Zone request will not result in a risk of explosion, or the release of any
hazardous substances in the event of an accident or upset conditions, since none are proposed in
the request. Upon ultimate development of the site, the risk of explosion or the release of
hazardous substances in the event of an accident or upset conditions shall be relatively low based
upon permitted uses within the Commercial-Office zone. Any uses which may pose a greater risk
will require a Conditional Use Permit, therefore, any potential impact can be addressed and
mitigated at the development review stage. The same explanations apply to the use, storage,
transport or disposal of any hazardous or toxic materials. No significant impacts are anticipated
as a result of this project.
lO.c.
No. Neither the Change of Zone request nor subsequent development projects on the site will
interfere with an emergency response plan or an emergency evaluation plan. The subject site is
not located in an area which could impact an emergency response plan. Any future development
will ultimately take access from a maintained street and will therefore not impede any emergency
response or emergency evacuation plans. No significant impacts are anticipated as a result of this
project.
Population
11.
Maybe. The Change of Zone request will not immediately result in altering the location,
distribution, density or growth rate of the human population of the area, however it may facilitate
it. Ultimate development of Commercial-Office uses on the site will generate jobs which in turn
may result in incremental alterations to the location, distribution, density and growth of human
population in the area. Impacts are not seen as significant because sufficient infrastructure exists
in the area and because the amount of growth is a small increment of the total growth expected in
the area. No significant impacts are anticipated as a result of this project.
Housing
12.
Maybe. Reference response 11. An increase in population may result in an increased effect on
existing housing and has the potential to create a demand for additional housing. These increases
will not pose a significant impact to the existing or future housing stock within the area because
existing housing stock and future housing stock will be sufficient to accommodate any increases in
population. No significant impacts are anticipated as a result of this project.
Transportation/Circulation
13.a.
No. The Change of Zone request will not immediately result in me generation of substantial
additional vehicular movement. The project is consistent with the City's General Plan Land Use
designation for the site. Traffic analysis in the General Plan's Environmental Impact Report shows
no significant impact to circulation at buildout in this area. The analysis was conducted with the
assumption that land uses would be consistent with the General Plan Land Use Designations. Upon
submittal of a development plan, the applicant will be required to submit. a letter from a certified
Engineer stating that impacts from this project to adjacent intersections will be less than five
percent. A focused traffic analysis will be required for individual projects that have greater than
a five (5) percent impact on affected intersections. Any impacts can be mitigated at this time. No
significant impacts are anticipated as a result of this project.
R:\STAFFRF~26CZ. PC2 9/13194
13.b.
Yes. The Change of Zone request will not immediately affect existing parking facilities, nor will
it immediately result in an increased demand for new parking. Upon ultimate development of the
site, there will be an increased demand for new parking which will be required for the project as
per City Ordinance. Off-site parking will be required and consistency with City Ordinances
regarding the mount of off-street parking required/provided w;.ll be reviewed during the
development review stage. No significant impacts are anticipated as a result of this project.
13.c.
Maybe. The Change of Zone request will not create impacts upon existing transportation systems,
including public transportation; however, ultimate development of the site, impacts may occur to
existing systems, including public transportation. Mitigation measures will be included at the
development project stage as required. Any-impacts upon public transportation can be mitigated
at the design/development review stage of the project by adhering to recommendationS from the
Riverside Transit Agency (RTA). No significant impacts are anticipated as a result of this project.
13.d.
Yes. Although the Change of Zone request will not immediately result in alterations to present
patterns-of circulation or movement of people and/or goods; it may facilitate it. The site is
currenfiy vacant and ultimate construction of Commercial Office uses on the site will result in
alterations to present patterns of circulation or movement of people and/or goods. The alterations
will not be seen as significant because the alterations to present patterns of circulation/movement
of people and/or goods will serve the subject project. No significant impacts are anticipated as a
result of this project.
13 .e.
No. Neither the Change of Zone request nor any future development proposal(s) on the subject
site will result in alterations to waterborne, rail or air traffic since none exists currently in the
proximity of the site and none are proposed. No significant impacts are anticipated as a result of
this project.
13.f.
Yes. Although the Change of Zone request will not immediately result in an increase in traffic
hazards to motor vehicles, bicyclists or pedestrians, ultimate development of the site will result in
an increase in traffic hazards to the above mentioned areas. Any impacts can be mitigated to a
level less than significant through site design which is consistent with City standards. Potential
conflicts can be mitigated at the development stage of the project. No significant impacts are
anticipated as a result of this project.
Public Services
14.a,b.
Yes. Although the Change of Zone request will not immediately have a substantial effect upon,
or result in a need for new or altered fire or police protection; ultimate development of the site with
Commercial-Office uses will provide impacts to these areas. Fire mitigation fees will be required
to be paid prior to the issuance of building permits for any development project on the site. These
fees will offset any impacts which are created by the new development. There will also be a
resultant incremental increase in the need for police protection because increases in commercial
development ultimately generates the need for additional housing stock (reference response No. 12).
Any impacts to existing and future levels of service for police protection can be mitigated through
the revenue generators which fund the City's police force (i.e. sales tax, property tax, transient
occupancy tax, motor vehicle tax, etc.). These impacts are not seen as significant.
14.c.
Maybe. Although the Change of Zone request will not immediately have a substantial effect upon
or result in a need for new or altered school facilities; ultimate d,;velopment of the site with
Commercial Office uses may generate an incremental need for additional housing stock (reference
R:~STAFFP, PTX26CZ.PC2 9/13/94 kJb 13
14.d.
14.e.
14.f.
Energy
15.a,b.
Utilities
16.a
response No. 12). Any rise in residential development generates the need for additional/expanded
school facilities. Any impacts can be reduced to a level less than significant through the payment
of school fees which will be required to be paid prior to the issuance of building permits for any
development on the site. No significant impacts are anticipated as a result of this project.
Maybe. Although the Change of Zone request will not immediately have a substantial effect upon
or result in a need for new or altered parks or other recreational facilities; ultimate development
of the site with Commercial Office uses may. As mentioned in Response No. 12, commercial
development may result in an increase in demand for additional housing stock. Additional
residential units may result in a need for new/expanded park and/or recreational fac~ities. Quimby
fees are required to be paid prior to the recordation of a final map for residential units 'to finance
the creation/expansion of park and recreation facilities. Due to payment of these fees, plus the
limited scale of the project, any impacts will be incremental and can be mitigated to a level less
than significant. No significant impacts are anticipated as a result of this project.
Yes. Although the Change of Zone request will not immediately have a substantial effect upon or
result in a need for maintenance of public facilities, including roads; future development of the site
will result in a need for the maintenance of the above mentioned facilities. Funding for
maintenance of roads is derived from the Gasoline Tax which is distributed to the City of Temecula
from the State of California. Impacts to current and future needs for maintenance of roads as a
result of the ultimate development of the site will be incremental, however, they will not be
considered significant. This is because the Gasoline Tax is sufficient to cover any of the proposed
expenses. No significant impacts are anticipated as a result of this project.
Maybe. The Change of Zone request will not immediately have a substantial affect upon or result
in a need for new or altered library services; however, future development on the site may have
an impact upon the above mentioned services. As has been previously discussed (reference
Response No. 12), additional commercial uses in an area may generate the need for additional
housing stock. This in turn will result in an incremental increase in result in an incremental
increase in demand for library facilities. These impacts are not seen as significant and can be
mitigated to a level less than significant through payment of library fees. These fees are paid on
residential units prior to the issuance of building permits. No other governmental services will be
affected. No significant impacts are anticipated as a result of this project.
No. Neither the Change of Zone request, nor any future development on the site will result in the
use of substantial mounts of fuel or energy, nor will there be any subsequent increase in demand
upon existing sources of energy or require the development of new sources of energy. Increases
will occur as a result of ultimate construction of Commercial-Office uses on the site. These
increases will be limited because of the scale of the project, and are therefore, not seen as
significant.
No. Neither the Change of Zone request, nor any subsequent development on the site will result
in a need for new systems or substantial alterations to power or natural gas. The project site is
within proximity of existing facilities. No significant impacts are anticipated as a result of this
project.
R:\STAFFRIrI~26CZ.PC2 9/13/94 KIb 14
16.b.
16.c.
16.d.
16.e.
16.f.
No. Neither the Change of Zone request, nor any subsequent development on the site will result
in a need for new systems or substantial alterations to communication systems. No significant
impacts are anticipated as a result of this project.
No. Neither the Change of Zone request, nor any subsequent develc,pment on the site will result
in a need for new systems or substantial alterations to water systems. Typically, water service is
available upon completion of financial arrangements between RCWD and the property owner. No
significant impacts are anticipated as a result of this project.
No. Neither the Change of Zone request, nor any subsequent development on the site will result
in a need for new systems or substantial alterations to sanitary sewer systems. According to the
City of Temecula General Plan Environmental Impact Report (EIR), implementation of the General
Plan (of which this project is considered consistent with) any future project on the site would not
significantly impact wastewater services. No significant impacts are anticipated as a result of this
project.
Yes. The Change of Zone request will not result in a need for new systems or substantial
alterations to storm water drainage systems (reference response No. 3.b,c.); however, any
subsequem development on the site will result in a need for new storm water drainage systems.
These will be required at the development review stage and the project will not be approved until
it is proven that the storm water drainage system is sufficient. No significant impacts are
anticipated as a result of this project.
No. Neither the Change of Zone request, nor any subsequent development on the site will result
in a need for new systems or substantial alterations to solid waste disposal systems. Any impacts
from solid waste created by future development on the site can be mitigated through participation
in any Source Reduction and Recycling Programs which are implemented by the City. No
significant impacts are anticipated as a result of this project.
16.g.
No. Neither the Change of Zone request, nor any subsequent development on the site will result
in a disjointed or inefficient pattern of utility delivery system improvements for any of the above.
There is existing development to the east and south of the project site. No significant impacts are
anticipated as a result of this project.
Human Health
17.a,b.
Maybe. As mentioned in response 10.a,b. the Change of Zone request will not result in a risk of
explosion, or the release of any hazardous substances in the event of an accident or upset
conditions, since none are proposed in the request. Upon ultimate development of the site, the risk
of explosion or the release of hazardous substances in the event of an accident or upset conditions
shall be relatively low based upon permitted uses within the Commercial-Office zone. Any uses
which may pose a greater risk will require a Conditional Use Permit, therefore, any potential
impact can be addressed and mitigated at the development review stage. The same explanations
apply to the use, storage, transport or disposal of any hazardous or toxic materials. No significant
impacts are anticipated as a result of this project.
R:\$TAFFRPT~26CZ,PC2 9/13/94 Irdb 15
Aesthetics
18.a,b,c. Maybe. Reference No. ld. The Change of Zone request will not result in the obstruction of a
scenic vista or view open to the public. However, vistas and views open to the public exist at the
site. Future development related impacts to the site would be mitigated through adherence to the
goals, policies and standards in the General Plan as it relates to hillside development. No
significant impacts are anticipated as a result of this project.
Recreation
19.
Maybe. Although the Change of Zone request will not immediately have a substantial effect upon
or restilt in a need for new or altered parks or other recreational facilities; ultimate development
of the site with Commercial Office uses may. As mentioned in Response No. 12, commercial
development may result in an increase in demand for additional housing stock. Additional
residential units may result in a need for new/expanded park and/or recreational facilities. Qnimby
fees are required to be paid as part of development of residential units to finance the
creation/expansion of park and recreation facilities. Due to payment of these fees, plus the limited
scale of the project, any impacts will be incremental and can be mitigated to a level less than
significant. No significant impacts are anticipated as a result of this project.
Cultural Resources
20.a.
Maybe. The Change of Zone request will not result in the alteration or destruction of any
paleontologic, prehistoric, archaeological or historic site. However, this site is located within an
area identified by the General Plan as an area that may contain paleontologic, prehistoric,
archaeological or historic sites. Future development of the site will be required to mitigate any
potential impacts to paleontologic, prehistoric, archaeological or historic artifacts prior to the
issuance of any grading permits issued for the site. Therefore, no significant impacts are
anticipated as a result of this project.
20.b.
No. Neither the Change of Zone request, nor any future develoFment on the site will result in
adverse physical or aesthetic effects to a prehistoric or historic building, strumre or object. None
exist or are known to exist on the site (reference response No. 20.a.). No significant impacts are
anticipated as a result of this project.
20.c.
No. Neither the Change of Zone request, nor any future development on the site will have the
potential to cause a physical change which would affect unique ethnic cultural values. No "unique"
ethnic cultural values exist on-site or in proximity to the site (reference response No. 20.a.). No
significant impacts are anticipated as a result of this project.
20.d.
No. Neither the Change of Zone request, nor any future development on the site will result in
restrictions to existing religious or sacred uses within the potential impact area. None exist or are
known to exist on the site (reference response No. 20.a.). No significant impacts are anticipated
as a result of this project.
R:\STAFFRPT~26CZ. PC2 9113194 klb 16
IV. MANDATORY FINDINGS OF SIGNtHCANCE
Does the project have the potential to either: degrade
the quality of the environment, substantially reduce the
habitat of a fish, wildlife or bird species, cause a fish,
wildlife or bird population to drop below self sustaining
levels, threaton to eliminate a plant, bird or animal
species, or eliminate important examples of the major
periods of California history or prehistory?
Yes Maybe N_.9_o
Does the project have the potential to achieve short
term, to the disadvantage of long term, environmental
goals? (A short term impact on the environment is one
which occurs in a relatively brief, definitive period of
time while long term impacts will endure well into the
future.)
_ __x
Does the project have impacts which are individually
limited, but cumulatively considerable? (A project's
impact on two or more separate resources may be
relatively small, but where the effect of the total of
those impacts on the environment is significant.)
_ __x
Does the project have environmental effects which will
cause substantial adverse effects on human beings,
either directly or indirectly?
__x
V. DEPARTMENT OF FISH AND GAME "DE MINLMUS" IS'H'ACT FINDINGS
Does the project have the potential to cause any adverse effect,
either individually or cumulatively, on fish and wildlife resources?
Wildlife is defined as "all wild animals, birds, plants, fish,
amphibians, and related ecological communities, including the
habitat upon which the wildlife depends on for it's continued
viability" (Section 711.2, Fish and Game Code).
Yes
N._9.o
R:~STAFFR,PT\26CZ.PC2 9/13/~1 klb 17
ENVIRONMENTAL DErER.MI~A~ON
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on
the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect
on the environment, there WILL NOT be a significant effect in this case
because the Mitigation Measures described on the attached sheets and '
in the Conditions of Approval that have been added to the project will
mitigate any potemially significant impacts to a level of insignificance,
and 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.
Prepared by:
Signature""~ " ~
Crai~ D. Ruiz
Name and Title
August 26, 1994
Date
ATTACHMENT NO. 4
EXHIBITS
CITY OF TEMECULA
SITE
CASE NO. - CHANGE OF ZONE NO. 26
EXIHRIT - A
-oLANNING COMMISSION DATE - SEPTEMBER 19, 1994
VICINITY MAP
R:~TAFFRFr~6CT,.PC2 9/13/~}4 Idb
CITY OF TEMECULA
CASE NO. - CHANGE OF ZONE NO. 26
EXITIRIT -D CHANGE OF ZONE EXHIBIT
PLANNING COMMISSION DATE - SEPTEMBER 19, 1994
R:XST~.FC'2 91131~l lab
CITY OF TEMECULA
OS
SITE
EXHIBIT B - GENERAL PLAN MAP
DESIGNATION - PROFESSIONAL OV'FICE
· ~ rk', SC
n4 i:: ',
R-A-20
E~ff-IIBIT C - ZONING MAP
~IGNATION - R-A-20 (RESIDENTIAL AGRICULTURAL 20 ACRE MIINI,ILTM PARCEL SIZR
CASE NO. - CHANGE OF ZONE NO. 26
PLANNDIG COMMISSION DATE - SEPTEMBER 19, 1994
R:\STAFFRPT~26CZ.PC2 9113194 Irdb
ITEM #8
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
September 19, 1994
Vesting Tentative Tract Map No. 25063 and Change of Zone No. 5598
Prepared By: Craig D. Ruiz, AssiStant Planner
RECOMMENDATION:
The Planning Department Staff recommends the Planning
Commission:
ADOPT Resolution No. 94- denying Vesting Tentative
Tract Map No. 25063 based upon the Analysis and
Findings contained in the Staff Report; and
APPLICATION INFORMATION
ADOPT Resolution No. 94- denying of Change of Zone
No. 5598 based upon the Analysis and Findings contained
in the Staff Report
APPLICANT:
David Mulvaney
PROPOSAL:
Subdivide 20 acres into 68 residential lots and one open
space lot and a Change of Zone Request from R-A-2~
(Residential Agricultural 2~ acre minimum parcel size) to
R-1 (One-Family Dwelling) and R-5 (Open Space).
LOCATION:
South side of Nicolas Road approximately 2000 feet east
of Calle Girasol.
EXISTING ZONING:
R-A-2 ~ (Residential Agricultural-2 ~ acre minimum parcel
size)
SURROUNDING ZONING:
North:
South:
East:
West:
R-A-2'~ (Residential Agricultural, 2~/2 acre
minimum lot size)
R-A-2~ Residential Agricultural, 2'~ acre
minimum lot size)
R-A-2~ (Residential Agricultural, 2~ acre
minimum lot size)
R-A-2 ~ (Residential Agricultural, 2 ~ acre
minimum lot size)
PROPOSED ZONING:
R-1 (Single Family Residential, 7,200 square foot
minimum lot size) and R-5 (Open Space)
EXISTING LAND USE:
Vacant
R;\STAFFRPT%25063.PC3 9/14/94 klb
SURROUNDING LAND USES:
North:
South:
East:
West:
Large Lot Rural Residential (2~ acre
minimum parcels)
Large Lot Rural Residential (2~ acre
minimum parcels)
Large Lot Rural Residential (2~ acre
minimum parcels)
Large Lot Rural Residential (2~ acre
minimum parcels)
PROJECT STATISTICS
GROSS AREA:
TOTAL NUMBER OF LOTS:
MINIMUM LOT SIZE:
PROPOSED DENSITY:
20 acres
69 (68 residential lots and I open space lot)
7,200 square feet
3.4 dwelling units per acre
BACKGROUND
This project was originally filed with the Riverside County Planning Department on September
15, 1989. The project was transferred to the City of Temecula in May 1990. In November
of 1991, staff recommended to the Planning Commission that this project be denied due to
concerns relative to the intensity of the development and the compatibility with surrounding
development. The Commission chose to continue the item off-calendar at the request of the
applicant. Since that time, the applicant of record has not continued the processing of the
application.
On June 6, 1994, this item was before the Planning Commission. The item was continued
to the July 18, 1994 Commission meeting to provide for additional public noticing. On July
18, 1994, the item was again before the Commission. Subsequent to the June 6 meeting and
prior to the July 18 meeting, staff was informed that there was a new owner of the project
who would submit a letter to the Commission requesting a continuance of this item. Staff
elected to delay the noticing of the project until the continuance request was delivered.
However, neither the new owner, nor their representative, has requested in writing that the
item be continued or given a justification for an additional continuance. Further, the new
owner has not attempted to meet with staff to re-start the processing of this project.
Therefore, staff noticed the item for the September 19, 1994 meeting.
PROJECT DESCRIPTION
Vesting Tentative Tract Map No. 25063 is a proposed 68 lot residential subdivision and one
open space/park lot on a 20 acre parcel located on the south side of Nicolas Road east of Calle
Girasol. This project has been filed in conjunction with Change of Zone No. 5598 requesting
a change in zoning classification from R-A-2~ to R-1 and R-5 for the site. Approval of the
attendant zone change request is required to establish the Vesting Tentative Tract Map as
currently designed,
ANALYSIS
The proposed R-1 and R-5 zoning designations are inconsistent with the City's General Plan
land use designation of Very Low Residential. The owner of record for the site has made no
R:\STAFFRPT~25063.PC3 9/t4/94 kJb 2
attempt to continue the processing of the project over the past 35 months. Planning staff has
attempted to contact the owner of record (see attached letter) to either withdraw the project
or go forward to the Planning Commission with a recommendation of denial. The owner of
record of the project has never responded to staff.
Staff has been informed that there is a new owner of the project. The new owner's
representative has requested that the project again be continued off-calendar. Due to the
incons. istency with the General Plan, the fact that the project has been incomplete for almost
three years and the lack of activity on the project over the past three years, staff recommends
that the project be denied. Should the new owner wish to pursue a development project on
this site, the new owner would need to file new applications with the Planning Department
that are consistent with the City's General Plan.
EXISTING ZONING AND GENERAL PLAN DESIGNATION
The site is zoned R-A-2~ (Residential Agricultural, 2~ acre minimum lot size) and the General
Plan Designation is Very Low Residential (.2-.4 dwelling units per acre) and R-5 (Open Space).
The proposal is inconsistent with both the Zoning and General Plan Designation.
ENVIRONMENTAL DETERMINATION
Per Section 15270 of the California Environmental Quality Act (CEQA), CEQA does not apply
to projects which a public agency disapproves. Therefore, no environmental analysis was
performed for this project.
SUMMARY/CONCLUSIONS
The application has been incomplete for approximately 35 months. During this time the
applicant\owner of record has made no attempt to continue the processing of the project. The
project is inconsistent with the City's General Plan, Zoning Code and is not compatible with
surrounding development in the area. It is for these reasons that staff is recommending the
project be denied without prejudice.
FINDINGS - Vesting Tentative Tract Map No. 25063
The proposed use or action does not comply with all applicable requirements of state
law and local ordinances due to the fact that the applicant failed to submit all required
information in a timely manner. therefore, the project could not be deemed complete
in accordance with State and local law.
The proposed density of 3.4 dwelling units per acre exceeds the General Plan Land Use
Designation of .2 - .4 dwelling units per acre. Therefore, staff cannot make the
necessary finding that the project is consistent with the General Plan.
FINDINGS - Change of Zone No. 5598
The proposed use or action does not comply with all applicable requirements of state
law and local ordinances due to the fact that the applicant failed to submit all required
information in a timely manner. therefore, the project could not be deemed complete
in accordance with State and local law,
R:%$TAFFRPT\25063.PC3 9/14/94 kJb 3
Because the proposed zoning designations are inconsistent with the City's adopted
General Plan and Zoning code, staff cannot make the finding that the project is
consistent with the General Plan or Zoning Code.
Attachments:
1. PC Resolutions No. 94-
2. Exhibits - Blue Page 10
A. Vicinity Map
B. Zoning Map
C. General Plan Map
- Blue Page 5
Letter to Owner - Blue Page 11
R:\STAFFRPT~25063.pC3 9/14/94 klb 4
ATTACHMENT NO. 1
PC RESOLUTION NO. 94-
R:\STAFFRP'~25063.PC3 9/13/94 klb 5
PC RESOLUTION NO. 94-
A RESOLUTION OF ~ PLANNING COMMISSION OF
TitS. CITY OF TE1VIECULA DENYING VESTING
TENTATIVE TRACT MAP NO. 25063 TO SUBDIVIDE A 20
ACRE PARCEL INTO 68 SINGLE FAMII,Y LOTS AND ONE
OPEN SPACE LOT LOCATED ON THF, SOUTH SIDE OF
NICOLAS ROAD APPROX]MAT!~,I,Y 2,000 FEET EAST OF
CALLF, GIRASOL AND KNOWN AS ASSESSOR'S PARCEL
NO. 914.-480-00.~
WltF. REAS, David Mulvaney fried Vesting Tentative Tract Map No. 25063 in
accordance with the Riverside County General Plan, Land Use and Subdivision Ordinances,
which the City has adopted by reference;
WltF~REAS, the application for Vesting Tentative Tract Map No. 25063 was not
processed in the time and manner prescribed by State and local law;
WltEREAS, the Planning Commission considered Vesting Tentative Tract Map No.
25063 on November 18, 1991, at a duly noticed public heating as prescribed by law, at which
time interested persons had an opportunity to testify either in support or in opposition;
WttF~REAS, at the public hearing, the Commission continued Vesting Tentative Tract
Map No. 25063 off-calendar;
WHEREAS, the Planning Commission considered Vesting Tentative Parcel Map No.
25063 on June 6, 1994, at a duly noticed public hearing as prescribed by law, at which time
interested persons had an opportunity to testify either in support or in opposition;
WHEREAS, at the public hearing, the item was continued to the July 18, 1994 Planning
Commission meeting;
WHF. REAS, the Planning Commission considered Vesting Tentative Parcel Map No.
25063 on July 18, 1994, at a duly noticed public hearing as prescribed by law, at which time
interested persons had an opportunity to testify either in support or in opposition;
WHEREAS, at the public hearing, the item was continued to the September 19, 1994
Planning Commission meeting;
WHF-REAS, the Planning Commission considered Vesting Tentative Parcel Map No.
25063 on September 19, 1994, at a duly noticed public hearing as prescribed by law, at which
time interested persons had an opportunity to testify either in support or in opposition;
NOW, THEREFORE, THF~ PLANNING COMMISSION OF ~ CITY OF
TE1VEECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
R:\STAFFRlaTX25063.PC3 9/13/94 klb 6
Section 1. That the above recitations are true and correct.
Section 2. Findings. The Planning Commission, in denying the proposed Tentative
Map, makes the following findings, to wit:
(1) The proposed use or action does not comply with all applicable
requirements of state law and local ordinances due to the fact that the applicant failed to submit
all requixed information in a timely manner. Therefore, the project could not be deemed
complete in accordance with State and local law.
(2) Because the proposed density is inconsistent with the City's adopted
General Plan, staff cannot make the fmding that the project is consistent with the General Plan.
Sectio/a 3. Environmental Compliance. Per Section 15270 of the California
Environmental Quality Act (CEQA), CEQA does not apply to projects which a public agency
disapproves. Therefore, no environmental determination was prepared for this project.
Section 4. PASSED, APPROVED AND ADOPTED this 19th day of September, 1994.
STEVEN F. FORD
CHAIRMAN
I FI'F. REBy CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 19th day of
September, 1994 by the following vote of the Commission:
AYF_~:
NOES:
ABSENT:
PL,A2qNING COIVIIVHSSIONF_,RS:
PLANNING COIVI!IISSIONFY, S:
PLANNENG COIVIMISSIONF_/;LS:
GARY THORNI-IIIJ,
SECRETARY
R:%STAFFRPT~25063.PC3 9/13/94 klb 7
PC RESOLUTION NO. 94-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA DENYING CHANGE OF ZONE NO.
5593 TO CHANGE THE EXISTING ZONING OF
RESIDENTIAL AGRICULTURAL 2~ ACRE MINIMUM
PARCEL SIZE TO SINGLE FAMILY DWELLING AND OPEN
SPACE ON A 20 ACRE PARCEL LOCATED ON THE SOUTH
SIDE OF NICOLAS ROAD APPROXIMATELY 2,000 FEET
EAST OF CALLE GIRASOL AND KNOWN AS ASSESSOR'S
PARCEL NO. 914-480-005
WHEREAS, David Mulvaney filed Change of Zone No. 5593 in accordance with
the Riverside County General Plan, Land Use and Subdivision Ordinances, which the
City has adopted by reference;
WHEREAS, the Change of Zone application was not processed in the time and
manner prescribed by State and local law;
WHEREAS, the Planning Commission considered Change of Zone No. 5598 on
November 18, 1991, at a duly noticed public hearing as prescribed by law, at which
time interested persons had an opportunity to testify either in support or in opposition;
WHEREAS, at the public hearing, the Commission continued Ciiange of Zone
No. 5598 off-calendar;
WHEREAS, the Planning Commission considered Change of Zone No. 5598 on
June 6, 1994, at a duly noticed public hearing as prescribed by law, at which time
interested persons had an opportunity to testify either in support or in opposition;
WHEREAS, at the public hearing, Change of Zone No. 5598 was continued to
the July 18, 1994 Planning Commission meeting;
WHEREAS, the Planning Commission considered Change of Zone No. 5598 on
July 18, 1994, at a duly noticed public hearing as prescribed by law, at which time
interested persons had an opportunity to testify either in support or in opposition;
WHEREAS, at the public hearing, Change of Zone No. 5598 was continued to
the September 19, 1994 Planning Commission meeting;
WHEREAS, the Planning Commission considered Change of Zone No. 5598 on
September 19, 1994, at a duly noticed public hearing as prescribed by law, at which
time interested persons had an opportunity to testify either in support or in opposition;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
R:\STAFFRPT~25083.PC3 9/13/94 klb 8
Section 1. That the above recitations are true and correct.
Section 2. Findings. The Planning Commission, in denying the proposed
Change of Zone, makes the following findings, to wit:
(1) The proposed use or action does not comply with all applicable
requirements of state law and local ordinances due to the fact that the applicant failed
to submit all required information in a timely manner so that the project could not be
deemed complete in accordance with State and local law.
(2) Because the proposed zoning designations are inconsistent with
the City's adopted General Plan, staff cannot make the finding that the project is
consistent with the General Plan.
Section 3. Environmental Compliance. Per Section 15270 of the California
Environmental Quality Act (CEQA), CEQA does not apply to projects which a public
agency disapproves. Therefore, no environmental determination was prepared for this
project.
Section 4. PASSED, APPROVED AND ADOPTED this 19th day of September,
1994.
STEVEN F. FORD
CHAIRMAN
1 HEREBY 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
19th day of September, 1994 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
GARY THORNHILL
SECRETARY
SECRETARY
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ATTACHMENT NO, 2
EXHIBITS
R:\STAFFRPT%25063.PC3 9/13/94 klb 10
CITY OF TEMECULA
CASE NO. - VESTING TENTATIVE TRACT MAP 25063 & CHANGE OF ZONE 5598
EXHIBIT- A VICINITY MAP
PLANNING COMMISSION DATE - SEPTEMBER 19, 1994
R:\STAFFRP'r~25063.PC3 9/13/~14 kJb
CITY OF TEMECULA
./
OS
EXHIBIT B - GENERAL PLAN MAP
DESIGNATION - VERY LOW RESIDENTIAL (.2-.4 DU PER ACRE)
EXHIBIT C - ZONING MAP
DESIGNATION - R-R-2~ (RURAL RESIDENTIAL, 2~ ACRE MINIMUM LOT SIZE)
CASE NO. - VESTING TENTATIVE TRACT MAP 25063 & CHANGE OF ZONE 5598
PLANNING COMMISSION DATE - SEPTEMBER 19, 1994
R:~TAFFRP'T~25063.PC3 9/13/94 klb
ATTACHMENT NO. 3
L~- I i ER TO OWNER
R:\STAFFRPT~25063.PC3 9/13/94 Idb 11
ITEM #9
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
September 19, 1994
Planning Application No.: PA94-0017
(Development Agreement for Tract 27827)
Prepared By: Saied Naaseh
RECOMMENDATION:
The Planning Department Staff recommends the Planning
Commission:
1. ADOPT the Negative Declaration for PA94-0017; and
ADOPT Resolution No. 94- recommending approval of
PA94-0017 by City Council, based upon the Analysis and
Findings contained in the Staff Report; and subject to the
attached Conditions of Approval.
APPLICATION INFORMATION
APPLICANT:
Leo Roripaugh
REPRESENTATIVE:
Sanford Edward
PROPOSAL:
A Request for Approval of a Development Agreement for
Tentative Tract No. 27827
LOCATION:
Located on the northwest corner of Nicolas Road and North
General Kearney Road
EXISTING ZONING:
SP (Specific Plan)
SURROUNDING ZONING:
North: Santa Gertrudis Creek
South: Specific Plan No. 164, Medium High Density
Residential (5.1 DwelLing Units Per Acre)
R-2 (Multiple Family Dwellings)
O (Office-Commercial)
East:
West:
PROPOSED ZONING:
N/A
GENERAL PLAN
DESIGNATION:
Medium Density Residential (7 to 12 dwelling units per acre)
EXISTING LAND USE: Vacant
SURROUNDING
LAND USES:
North:
South:
East:
West:
Santa Gertrudis Creek
Single Family Dwellings
Single Family Dwellings
Vacant
PROJECT STATISTICS
Total Area:
Number of Lots:
Existing Development Agreement Fee:
Proposed Development Agreement Fee:
22.5 acres
162
95,183.00/Unit
93,000.00/Unit
BACKGROUND
The original Development Agreement (No. 37) was approved by the County of Riverside for
the Roripaugh Hills Specific Plan (S.P. 164) which includes Tract 27827 on November 4,
1988. In 1993, the developer initiated negotiations with the former City Manager, Mr. Dave
Dixon, and the former City Attorney, Mr. Scott Field, for a new Development Agreement.
These commitments set the foundation for the revisions in the Development Agreement Fee
for this project. The proposed revisions would reduce the Development Agreement Fee from
$5,183.00 to $3,000.00 and would entitle the developer to a maximum of 982,000.00 in
credits toward the construction of an on site public park. The construction of this park was
a Condition of Approval of Tentative Tract Map No. 27827.
PROJECT DESCRIPTION
The proposed Development Agreement Fee includes only an Interim Public Facilities Fee and
has eliminated other fees associated with County approved Development Agreements such
as Regional Parkland Fee, Habitat Conservation Fee and Public Services Offset Fee.
Interim Public Facilities Fee
The proposed Development Agreement is for a period of ten (10) years and applies to Tract
27827. This tract was approved by the City Council on January 25, 1994 and contains 162
single family lots and a three (3) acre public park. The Interim Public Facilities Fee will be
$3,000.00 per unit and will be paid for the first five (5) years of the term of the Development
Agreement. After this period, the developer will either continue to pay the Interim Public
Facility Fee of 93,000.00 or such other Public Facilities Fee adopted by the City and applied
to other residential projects.
Public Park and Park Imorovement Fee Credits
According to an Agreement signed at the recordation of the map between the City and the
developer, the three (3) acre park will be constructed and dedicated to the City prior to
issuance of the 34th Certificate of Occupancy of the project or within eighteen months of the
recordation of the first phase of the final map, whichever comes first. The developer will
receive credits against the Interim Public Facilities Fee for a maximum of 982,000.00. The
amount of credit will be determined by the difference between the actual cost of improving
the park and the project's Quimby Park requirements.
ANALYSIS
The existing approved Development Agreement includes the following fees:
Public Facilities Fee
Regional Parkland Fee
Habitat Conservation Fee
Public Services Offset Fee
$2,292.00
$424.00
9315.00
92,152.00
Total Development Agreement Fee
95, 183.00
According to the County, all County approved Development Agreements have a section which
purports to require the split of certain fees between the County and a city should any portion
of the property by covered the agreement become part of a city. That section provides that
the Regional 'Parkland Fee (9424.00), the Habitat Conservation and Open Space Land Fee
(9315.00) would continue to be fully payable to the County. Additionally, two-thirds (2/3) of
the Public Services Offset Fee (92,152.00)and 5.3% Public Facilities Fee (92,292.00) would
be payable to the County. Therefore, according to the County, a total of 92,295.14is payable
to the County from the 95,183.00 Development Agreement Fee, leaving 92,887.85 as the
City's portion of this fee. The proposed 93,000.00Interim Public Facilities Fee is greater than
92,887.85, City's portion of the existing Development Agreement Fee, should the County
interpretation of the fees be used.
However, the City contends that the County's interpretation of the Development Agreement
is not in accordance with State law which provides that the benefits of a Development
Agreement as well as its burdens transfer to a City upon incorporation. As the property which
is the subject of this Development Agreement is now within the City boundaries the County
is no longer entitled to any fees under the Development Agreement.
EXISTING ZONING AND GENERAL PLAN DESIGNATION
This project will be consistent with the General Plan since the General Plan currently
designates the site as Medium Density Residential and the approved development project
which is implemented by this Development Agreement for this site is consistent with this
designation. This project is consistent with Specific Plan No. 164, Amendment No. 2's High
Density zone since the development project which is implemented by this Development
Agreement it meets all the requirements for this zone.
ENVIRONMENTAL DETERMINATION
A Initial Study was prepared for this project and it revealed no significant impacts. Therefore,
Staff recommends adoption of a Negative Declaration.
SUMMARY/CONCLUSIONS
Since prior commitments by the former City Manager and City Attorney were made to the
developer in regards to reducing the Development Agreement Fee, Staff supports this project.
It should be noted that for any new Development Agreements, Staff would be looking at
increased fees to be justified by a new fee study.
FINDINGS
The Development Agreement is consistent with the objectives, policies, general land
uses, and programs specified in the City of Temeculas's General Plan in that the
Development Agreement makes reasonable provision for the use of certain real
property for residential development and is consistent with the General Plan Land Use
Designation of Medium Density Residential.
The Development Agreement is compatible with the uses authorized in, and the
regulations prescribed for, the land use district in which the Property subject to the
Development Agreement is located as the Development Agreement provides for single
family homes and parks and that this Development Agreement is consistent with good
planning practices by providing for the opportunity to develop the Property consistent
with the General Plan,
The Development Agreement is in conformity with the public convenience, general
welfare, and good land use practice because it makes reasonable provision for a
balance of land uses compatible with the remainder of the City; and,
The Development Agreement will not be detrimental to the health, safety, or general
welfare because it provides adequate assurances for the protection thereof; and,
Notice of the public hearing before the Planning Commission was published in a
newspaper of general circulation at least ten (20) days before the Planning commission
public hearing, and mailed or delivered at least ten (20) days prior to the hearing to the
project applicant and to each agency expected to provide water, sewer, schools, police
protection, and fire protection, and to all property owners within three hundred feet
(600') of the property as shown on the latest equalized assessment roll; and,
Notice of the public hearing before the Planning Commission included the date, time,
and place of the public hearing, the identity of the hearing body, a general explanation
of the matter to be considered, a general description and text or by diagram of the
location of the real property that is the subject of the hearing, and of the need to
exhaust administrative remedies; and,
The Development Agreement complies with the goals and objectives of the Circulation
Element of the General Plan and the traffic impacts of the development over the period
of the Development Agreement will be substantially mitigated by the mitigation
measures and conditions of approval imposed; and,
The Development Agreement complies with requirements of the zoning district in which
the applicant proposes to develop in that the Specific Plan zoning of High Density
Residential is consistent with the Medium Density Residential General Plan Land Use
Designation; and,
The benefits that will accrue to the people of the City of Temecula from this legislation
and this Development Agreement are as follows:
City and Owner acknowledge that development of the Project will result in the
a. Generation of municipal revenue;
b. Public infrastructure facilities;
c. Enhancement of the quality of life; including recreation facilities for present and
future residents of the City;
d. The opportunity for an adjacent residential-commercial project creating
significant job opportunities, sales tax and ad valorem tax revenues for the City;
e. Payment of Public Facilities Fees (fire and traffic signal mitigation);
f. 'Participation in special assessment districts to finance City and regional
infrastructure improvements; and,
g. The creation of significant park and recreation dedications for public use and the
protection of significant natural resources.
Attachments:
1. PC Resolution - Blue Page 6
2. Conditions of Approval - Blue Page 10
3. Initial Study - Blue Page 12
4. Approved Development Agreement - Blue Page 27
5. Proposed Development Agreement - Blue Page 28
6. Exhibits - Blue Page 29
A. Vicinity Map
B. Zoning Map
C. General Plan
D. Tract Map 27827
R:~TAPPRP~ITpAg~.pC 9/15~94 kJb 5
A'FI'ACHMENT NO. 1
RESOLUTION NO. 94-_
]t:~TAP'FRY~ITPA9~.PC 91|~1/94 L~b 6
Ai-rACHIVIENT NO. 1
RESOLUTION NO. 94-_
A RESOLUTION OF ~ PLANNING COMMISSION OF
~ CITY OF TEMECULA RECO~ING APPROVAL
BY T!~. CITY COUNCIL OF AIV~.NDMENT AND
RESTA~ OF DEVRLOPMENT AGREEMENT,
SPEC~IC PLAN NO, 164, RORII~AUGH; PLANNING
· APPLICATION NO. PA.94-0017
THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
WITEREAS, the Planning Commission of the City of Temecula has received an
application for an Amendment and Restatement of Development Agreement, Specific Plan No.
164, Roripaugh; Planning Application No. PA94-0017, (hereinafter "Development Agreement ");
and,
W1TEREAS, the Planning Commission held a noticed public i~earing on September 19,
1994, on the issue of recommending approval or denial of the Development Agreement.
NOW, THRREFORE, Tt!R PLANNING COMMIRSION OF THR CITY OF
TEMECULA DOES FIND AS FOLLOWS:
Section 1. That the Planning Commission recommends that the City Council approve
the Development Agreement, Attachment No. 5, attached hereto and incorporated herein by this
reference, subject to the Conditions of Approval attached hereto as Attachment No. 2 and
incorporated herein by this reference as ff set forth in full herein.
Section 2. That in recommending the adoption by the City Council of the Development
Agreement the Planning Commission hereby make the foilowing fmdings:
1. The Development Agreement is consistent with the objectives, policies, general
land uses, and programs specified in the City of Temeculas's General Plan in that the
Development Agreement makes reasonable provision for the use of certain real property for
residential development and is consistent with the General Plan Land Use Designation of
Medium Density Residential; and,
2. The Development Agreement is compatible with the uses authorized in, and the
regulations prescribed for, the land use district in which the Property subject to the Development
Agreement is located as the Development Agreement provides for single family homes and that
this Development Agreement is consistent with good planning practices by providing for the
opportunity to develop the Property consistent with the General Plan; and,
R:\STAFFKPTH7PA94.PC 9115194 }LIb
3. The Development Agreement is in conformity with the public convenience,
general weftaxe, and good land use practice because it makes reasonable provision for a balance
of land uses compatible with the remainder of the City; and,
4. The Development Agreement will not be detrimental to the health, safety, or
general weftaxe because it provides adequate assurances for the protection thereof; and,
5. Notice of the public hearing before the planning Commission was published in
a newspaper of general circulation at least ten (10) days before the Planning commission public
heating, and mailed or delivered at least ten (10) days prior to the heaxing to the project
applicant and to each agency expected to provide water, sewer, schools, police protection, and
fire protection, and to all property owners within three hundred feet (300') of the property as
shown on the latest equalized assessment roll; and,
6. Notice of the public hearing before the planning Commission included the date,
time, and place of the public hearing, the identity of the hearing body, a general explanation of
the matter to be considered, a general description and text or by diagram of the location of the
real property that is the subject of the hearing, and of the need to exhaust administrative
remedies; and,
7. The Development Agreement complies with the goals and objectives of the
Circulation Element of the General Plan and the traffic impacts of the development over the
period of the Development Agreement will be substantially mitigated by the mitigation measures
and conditions of appwval imposed; and,
8. The Development Agreement complies with requirements of the zoning district
in which the applicant proposes to develop in that the Specific Plan zoning of High Density
Residential is consistent with the Medium Density Residential General Plan l~nd Use
Designation; and,
9. The benefits that will accrue to the people of the City of Temecula from this
legislation and this Development Agreement are as follows:
City and Owner acknowledge that development of the Project will result in the:
a. Generation of municipal revenue;
b. Public infrastructure facilities;
c. Enhancement of the quality of life; including recreation facilities for
present and future residents of the City;
d. The opportunity for an adjacent residential-commercial project creating
significant job opportunities, sales tax and ad valorera tax revenues for the City;
e. Payment of Public Facilities Fees (fire and traffic signal mitigation);
f. Participation in special assessment districts to finance City and regional
infrastructure improvements; and,
g. The creation of significant park and recreation dedications for public use
and the protection of significant natural resources.
Section 3. The Secretary of the Planning Commission shall cause this Resolution to
be transmitted to the City Council for further proceedings in accordance with State law.
Section 4. PASSED, APPROVFJ) AND ADOPTED this day of
STEVEN J. FORD
CHAIRMAN
I ltF. REBy CERTIFI' that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the __ day of
, by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONF_3~:
PLANNING COMMISSIONERS:
GARY THORNI-IIIJ,
SECRETARY
ATTACHMENT NO. 2
CONDITIONS OF APPROVAL
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA94-0017
Project Description: A Request for Approval of a Development Agreement for
Tentative Tract No. 27827
Assessor's Parcel No.:
Approval Date:
Expiration Date:
911-150-035and 911-150-038
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 Seventy-Eight Dollars
(978.00) County administrative fee to enable the City to file the Notice of
Determination required under Public Resources Code Section 21152 and California
Code of Regulations Section 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 voided by reason of failure
of condition,
ATTACHMENT NO. 3
INITIAL STUDY
City of Temecula
Planning Department
Initial Environmental Study
I. BACKGROUND INFORMA~ON
1. Name of Project:
2. Case Numbers:
3. Location of Project:
4. Description of Project:
5. Date of Environmental
Assessment:
6. Name of Proponent:
7. Address and Phone
Number of Proponent:
Roripaugh Estates
Planning Application No. PA94-0017 (Development Agreement)
Located on the North-west comer of Nicolas Road and North
General Kearney Road
A Request for Approval of a Development Agreement for Tentative
Tract No. 27827
August 8, 1994
Lee Roripaugh
P.O. Box 2
Temecula, CA 92590
ENVIRONMENTAL IMPACTS
(Explanations to all the answers are provided in Section HI)
1. Earth. Will the proposal result in:
a. Unstable earth conditions or in changes geologic substructures?
b. Disruptions, displacements, compaction, or over covering
of the soil? ·
c. Change in topography or ground surface relief features?
d. The destruction, covering or modification of any unique
geologic or physical features?
e. Any increase in wind or water erosion of soils, either on
or off the site?
f. Changes in siltation, deposition or erosion?
g. The modification of any wash, channel, creek, river or lake?
Yes Maybe N__o
R:',STAFFRPT~I7PA94.18 9115194 tjs 'l 3
Yes Maybe N__o
h,
Exposure of people or property to geologic hazards such as
earthquakes, landslides, mudslides, liquefaction, ground
failare, or similar hazards?
X
Any development within an Alquist-Priolo Special Studies Zone?
X
2. Air. Will the proposal result in:
a. Air emissions or deterioration of ambient air quality?
X
b. The creation of objectionable odors?
X
Alteration of air movement, temperature, or moisture or any change in climate, whether
loc, ally or regionally? __ __ X
3. Water. WH1 the proposal result in:
Changes in currents, or the course or direction of water
movements, in either marine or fresh waters?
X
Changes in absorption rates, drainage patterns, or the rate and
amount of surface runoff?.
X
c. Alterations to the course or flow of flood waters?
X
d. Change in the amount of surface water in any water body?
X
Discharge into surface waters, or in any alteration of surface
water quality, including but not limited to, temperature,
dissolved oxygen or turbidity?
X
Alteration of the direction or rate of flow of ground waters?
X
Change in the quantity of ground waters, either through direct
additions, withdrawals, or through interception of an aquifer
by cuts or excavations?
X
h,
Reduction in the mount of water otherwise available for public
water supplies?
X
Exposure of people or property to water related hazards such
as flooding?
X
4. 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)?
X
R:XSTAFFRFrH7pA94.IS 9115194
Yes
b. Reduction of the numbers of any unique, rare, threatened, or
endangered species of plants? __
c. Introduction of new species of plants into an area of native
vegetation, or in a barrier to the normal replenishment of
existing species? __
d. Reduction in the acreage of any agricultural crop? __
5. Animal Life. Will the proposal result in:
a. Change in the diversity of species, or numbers of any species of
animals (animals includes all land animals, birds, reptiles, fish,
amphibians, shellfish, benthie organisms, and/or insects)? __
b. Reduction of the numbers of any unique, rare, threatened, or
endangered species of animals?
c. The introduction of new wildlife species into an area? __
d. A barrier to the migration or movement of animals?
e. Deterioration to existing fish or wildlife habitat? __
6. Noise. Will the proposal result in:
a. Increases in existing noise levels?
b. Exposure of people to severe noise levels?
c. Exposure of people to severe vibrations? __
7. Light and Glare. Will the proposal produce or result in light or glare? __
8. Land Use. Will the proposal result in:
a. Alteration of the present land use of an area?
b. Alteration to the future planned land use of an area as described
in a community or general plan? __
9. Natural Resources. Will the proposal result in:
a. An increase in the rate of use of any natural resources? __
b. The depletion of any nonrenewable natoral resource?
Maybe
N__o
X
X
X
X
X
X
X
X
X
X
X
R:\STAFFRF~17PA94.1S 9/15/94 tjs 'l ~
Yes
10. Risk of Upset. Will the proposal result in:
a. A risk of an explosion or the release of any hazardous substances
in the event of an a~ident or upset conditions (hazardous
substances includes, but is not limited to, pesticicles, chemicals,
oil or radiation)? __
b. The use, storage, transport or disposal of any hazardous or toxic
materials (including, but not limited to oil, pestleides, chemicals,
or radiation)? __
c, Possible interference with an emergency response plan or an
emergency evacuation plan? __
11. Population. Will the proposal alter the location, distribution, density,
or growth rate of the human population of an area? _
12. Housing. Will the proposal affect existing housing or create a demand
for additional housing? __
13. Transportation/Circulation. Will the proposal result in:
a. Generation of substantial additional vehicular movement? __
b. Effects on existing parking facilities, or demand for new parking? __
c. Substantial impact upon existing transportation systems, including
public transportation? __
d. Alterations to present patterns of circulation or movement of
people and/or goods? __
e. Alterations to waterborne, rail or air traffic? _
f. Increase in traffic hazards to motor vehicles, bicyclists or
pedestrians? __
14. Public Services. Will the proposal have substantial effect upon, or
result in a need for new or altered governmental services in any of
the following areas:
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks or other recreational facilities?
Maybe
N._qo
X
X
X..
X
X
X
R:XSTAFFRPT~17PA94.1S 9115194
e. Maintenance of public facilities, including roads?
f. Other governmental services:
15. Ener~'. Will the proposal result in:
a. Use of substantial mounts of fuel or energy? __
b. Substantial increase in demand upon existing sources or energy.
or require the development of new sources of energy? __
16. Utilities. Will the proposal result in a need for new systems, or
substantial alterations to any of the following utilities:
a. Power or natural gas? __
b. Communications systems? __
c. Water systems? _
d. Sanitary sewer systems or septic tanks? __
e. Storm water drainage systems? __
f. Solid waste disposal systems? __
g. Will the proposal result in a disjointed or inefficient pattern of
utility delive~ system improvements for any of the above? __
17. Human Health. Will the proposal result in:
a. The creation of any health hazard or potential health hazard?__
b. The exposure of people to potential health hazards, including
the exposure of sensitive receptors (such as hospitals and
schools) to toxic pollutant emissions?
18. Aesthetics. Will the proposal result in:
a. The obstruction of any scenic vista or view open to the public? __
b. The creation of an aesthetically offensive site open to public view? __
c. Detrimental visual impacts on the surrounding area? __
19. Recreation. Will the proposal result in an impact upon the quality or
quantity of existing recreational resources or opportunities?__
Y~s
Maybe
No
X
X
X
II:~TAFFRPT~lTpA94.1~ 9/15/94 tjo '17
20.
Cultural Resources. Will the proposal result in:
a. The alteration or destruction of any paleontologic, prehistoric,
archaeological or historic site?
b. Adverse physical or aesthetic effects to a prehistoric or historic
building, structure, or object?
c. Any potential to cause a physical change which would affect
unique ethnic cultural values?
d. Restrictions to existing religious or sacred uses within the
potential impact area?
Yes
Maybe
X
R:~TAFFRPT\I7PA94.IS 9115194 ~j~ '18
HI. DISCUSSION OF THE ENVIRONMENTAL IMPACTS
Earth
1 .a.d.
No. The project will not result in unstable earth conditions or in changes in geologic
substructures, destruction, covering or modification of any unique geologic or physical features
since the project does not involve any construction. No impacts a~e anticipated since all the
impacts from the construction of this site have been mitigated with the mitigation measures
proposed with the Mitigated Negative Declaration for Tentative Tract Map No. 27827.
1.b.
No. The project will not cause disruptions, displacements, compaction, or overcovering of soil,
since the project does not involve any construction. No impacts are anticipated since all the
impacts from the construction of this site have been mitigated with the mitigation measures
proposed with the Mitigated Negative Declaration for Tentative Tract Map No. 27827.
1 .c.g.
No. The project will not result in change in topography or Found surface relief features, or
modification of any wash, channel, creek, river or lake since the project does not involve any
construction. No impacts are anticipated since all the impacts from the construction of this site
have been mitigated with the mitigation measures proposed with the Mitigated Negative
Declaration for Tentative Tract Map No. 27827.
1 .e.f.
No. The project will not result in an increase in wind or water erosion of soils, either on or off
the site and changes in siltation, deposition or erosion since the project does not involve any
construction. No impacts are anticipated since all the impacts from the construction of this site
have been mitigated with the mitigation measures proposed with the Mitigated Negative
Declaration for Tentative Tract Map No. 27827.
1 .h.i.
No. The project will not result in exposure of people or property to geelogic hazards such as
earthquakes, and development near an Alquist-Priolo Special Study Zone, since the General Plan
EIR does not identify the site in being in any of these areas. However, the site is within a
liquefaction zone as identified in the General Plan EIR since the project does not involve any
construction. No impacts are anticipated since all the impacts from the construction of this site
have been mitigated with the mitigation measures proposed with the Mitigated Negative
Declaration for Tentative Tract Map No. 27827.
Air
2.a.
No. The project will not result in the local deterioration of air quality since the project does not
involve any construction. No impacts are anticipated since all the impacts from the construction
of this site have been mitigated with the mitigation measures proposed with the Mitigated Negative
Declaration for Tentative Tract Map No. 27827.
2.b.c.
No. The project will not create objectionable odors or cause alteration of air movement,
tumperamre or moisture or any change in climate, whether locally or regionally since the project
does not involve any construction. No impacts are anticipated since all the impacts from the
construction of this site have been mitigated with the mitigation measures proposed with the
Mitigated Negative Declaration for Tentative Tract Map No. 27827.
Water
3.a.c.d.
e.f.g.h.
i.
No. The project will not cause changes in currents or the course or direction of water movements,
in either marine or fresh waters, alterations to the course or flow of flood waters, change in the
amount of surface water in any waterbody, discharge into surface waters or in any alterations of
surface water quality, alteration of the direction or rate of flow of Found waters, change in the
quantity of Found waters, reduction in the amount of water otherwise available for public water
supplies, or exposure of people or property tO water related hazards such as flooding since the
project does not involve any construction. No impacts are anticipated since all the impacts from
the construction of this site have been mitigated with the mitigation measures proposed with the
Mitigated Negative Declaration for Tentative Tract Map No. 27827.
3.b.
No. This project will not cause changes in absorption rates, drainage patterns, or the rate and
amount of surface runoff since the project does not involve any construction. No impacts are
anticipated since all the impacts from the construction of this site have been mitigated with the
mitigation measures proposed with the Mitigated Negative Declaration for Tentative Tract Map
No. 27827.
Plant Life
4.a.b.d.
No. This project will not change the diversity of species, or number of any native species of
plant, reduce the numbers of any unique, rare, threatened or endangered species of plants or
reduce the acreage of any agricultural crop since the project does not involve any construction.
No impacts are anticipated since all the impacts from the construction of this site have been
mitigated with the mitigation measures proposed with the Mitigated Negative Declaration for
Tentative Tract Map No. 27827.
No. This project will not introduce new species of plants since the project does not involve any
construction. No impacts are anticipated since all the impacts from the construction of this site
have been mitigated with the mitigation measures proposed with the Mitigated Negative
Declaration for Tentative Tract Map No. 27827.
Animal Life
5.a.
No. The project will not cause a change in the diversity of species, or numbers of any species of
animals since the project does not involve any construction. No impacts are anticipated since all
the impacts from the construction of this site have been mitigated with the mitigation measures
proposed with the Mitigated Negative Declaration for Tentative Tract Map No. 27827.
5.b.c,
d.e.
No. The project will not cause a reduction in numbers of any unique, rare, threatened, or
endangered species of animals, introduction of new wildlife species into the area, a barrier to the
migration or movement of animals or deterioration to existing fish or wildlife habitat since the
project does not involve any construction. No impacts are anticipated since all the impacts from
the construction of this site have been mitigated with the mitigation measures proposed with the
Mitigated Negative Declaration for Tentative Tract Map No. 27827.
Noise
No. The project will not increase the existing noise levels since the project does not involve any
construction. No impacts are anticipated since all the impacts from the construction of this site
have been mitigated with the mitigation measures proposed with the Mitigated Negative
Declaration for Tentative Tract Map No. 27827.
6.b.c.
No. The project will not expose people to severe noise or vibrations since the project does not
involve any construction. No impacts are anticipated since all the impacts from the construction
of this ~ite have been mitigated with the mitigation measures proposed with the Mitigated Negative
Declaration for Tentative Tract Map No. 27827.
Light and Glare
No. Thb project will not cause an increase in light and glare since the project does not involve
any construction. No impacts are anticipated since all the impacts from the construction of this
site have been mitigated with the mitigation measures proposed with the Mitigated Negative
Declaration for Tentative Tract Map No. 27827.
Land Use
8.a.
No. The project will not cause an alteration of the present land use of the area since the project
does not involve any construction. No impacts are anticipated since all the impacts from the
construction of this site have been mitigated with the mitigation measures proposed with the
Mitigated Negative Declaration for Tentative Tract Map No. 27827.
8.b.
No. The proposed project will not cause alteration to the future planned land use of this area,
when ultimately developed, as described in the draft General Plan which designates the site as
Medium Density Residential since the project does not involve any construction. No impacts are
anticipated since all the impacts from the construction of this site have been mitigated with the
mitigation measures proposed with the Mitigated Negative Declaration for Tentative Tract Map
No. 27827.
Natural Resources
9.a.b.
No. The project will not result in an increase in the rate of use of any natural resources and
depletion of any nonrenewable natural resources when the site is ultimately developed since the
project does not involve any construction. No impacts are anticipated since all the impacts from
the construction of this site have been mitigated with the mitigation measures proposed with the
Mitigated Negative Declaration for Tentative Tract Map No. 27827.
Risk of Upset
10.a.b.
No. The project will not result in a risk of explosion and/or, the release of hazardous substances,
when the site is ultimately developed since the project does not involve any construction. No
impacts are anticipated since all the impacts from the construction of this site have been mitigated
with the mitigation measures proposed with the Mitigated Negative Declaration for Tentative Tract
Map No. 27827.
R:\STAFFRPTXI7PA94.1S 9/15/9~ ~s
lO.c.
No. The project will not result in any interference with an emergency response plan when the site
is ultimately developed since the project does not involve any construction. No impacts are
anticipated since all the impacts from the construction of this site have been mitigated with the
mitigation measures proposed with the Mitigated Negative Declaration for Tentative Tract Map
No. 27827.
Ponulation
11.
No. This project will not make alterations to the location, distribution. density, or growth rate of
the human population of this area since the project does not involve any construction. No impacts
are anticipated since all the impacts from the construction of this site have been mkigated with the
mitigation measures proposed with the Mitigated Negative Declaration for Tentative Tract Map
No. 27827.
Homing
12.
No. The project will not affect existing housing and cream a demand for new housing since the
project does not involve any construction. No impacts are anticipated since all the impacts from
the construction of this site have been mitigated with the mitigation measures proposed with the
Mitigated Negative Declaration for Tentative Tract Map No. 27827.
Transportation/Circulation
13.a.f.
No. The project will not generate daily trips, increase traffic hazards to motor vehicles, bicyclists
or pedestrians since the project does not involve any construction. No impacts are anticipated
since all the impacts from the construction of this site have been mitigated with the mitigation
measures proposed with the Mitigated Negative Declaration for Tentative Tract Map No. 27827.
13.b.c.d.
No. The project will not create additional demand on parking, cause a substantial impact on
existing transportation systems, alterations to present paRems of circulation or movement of people
and/or goods and alteration to waterborne, rail or air traffic since the project does not involve any
construction. No impacts are anticipated since all the impacts from the construction of this site
have been mitigated with the mitigation measures proposed with the Mitigated Negative
Declaration for Tentative Tract Map No. 27827.
Public Services
14.a.b.c.
d.e.f.
No. The project will not have a substantial impact on fire protection, police protection, schools,
parks and other governmental services since the project does not involve any construction. No
impacts are anticipated since all the impacts from the construction of this site have been mitigated
with the mitigation measures proposed with the Mitigated Negative Declaration for Tentative Tract
Map No. 27827.
Energy
15.a.b.
No. The project will not result in substantial use of fuel or energy since the project does not
involve any construction. No impacts are anticipated since all the impacts from the construction
of this site have been mitigated with the mitigation measures proposed with the Mitigated Negative
Declaration for Tentative Tract Map No. 27827.
Utilities
16.a.b.c.
d.e.f.g.
No. The project will not result in a need for new systems or substantial alterations to any of the
following: power or natural gas, communication systems, water systems, sanitary sewer systems,
storm water drainage systems, solid waste disposal systems and will not result in a disjointed or
inefficient pattern of utility delivery system improvements for any of the above since the project
does nolo involve any construction. No impacts are anticipated since all the impacts from the
construction of this site have been mitigated with the mitigation measures proposed with the
Mitigated Negative Declaration for Tentative Tract Map No. 27827.
Human Health
17.a.
No. The project will not create potential health hazards when the site is ultimately developed since
the project does not involve any construction. No impacts are anticipated since all the impacts
from the construction of this site have been mitigated with the mitigation measures proposed with
the Mitigated Negative Declaration for Tentative Tract Map No. 27827.
17.b.
No. The project will not expose people to potential health hazards, including the exposure of
sensitive receptors such as hospitals and schools to toxic pollutant emissions since the project does
not involve any construction. No impacts are anticipated since all the impacts from the
construction of this site have been mitigated with the mitigation measures proposed with the
Mitigated Negative Declaration for Tentative Tract Map No. 27827.
Aesthetics
18.a.b.c. No. The project will not result in the obstruction of any scenic vista or view open to the public,
the creation of an aesthetically offensive site open to public view, or in a detrimental visual impact
on the surrounding area since the project does not involve any construction. No impacts are
anticipated since all the impacts from the construction of this site have been mitigated with the
mitigation measures proposed with the Mitigated Negative Declaration for Tentative Tract Map
No. 27827.
Recreation
19.
No. The project will not result in an impact upon the quality or quantity of existing recreational
resources or opportunities since the project does not involve any construction. No impacts axe
anticipated since all the impacts from the construction of this site have been mitigated with the
mitigation measures proposed with the Mitigated Negative Declaration for Tentative Tract Map
No. 27827.
R:\STAFFRPT~17PA94.1S 9/15/94 ~s 23
Cultural Resources
20.a.b.c.
d.
No. The project will not result in alteration or destruction of any paleontologic, prehistoric,
archeological or historic site, adverse physical or aesthetic effects to a prehistoric or historic
building, structure or object, any potential to cause a physical change which would affect unique
ethnic cultoral values, or restrictions to existing religious or sacred uses within the potential impact
area since the project does not involve any construction. No impacts are anticipated since all the
impacts from the construction of this site have been mitigated with the mitigation measures
proposed with the Mitigated Negative Declaration for Tentative Tract Map No. 27827.
IV. MANDATORY FINDINGS OF SIGNII~ICANCE
Does the project have the potential to either: degrade
the quality of the environment, substantially reduce the
habitat of a fish, wildlife or bird species, cause a fish,
wildlife or bird population to drop below self sustaining
levels, threaten to eliminate a plant, bird or animal
species, or eliminate important examples of the major
periods of California history or prehistory?
Yes Maybe No
X
Does the project have the potential to achieve short
term, to the disadvantage of long term, environmental
goals? CA short term impact on the environment is one
which occurs in a relatively brief, definitive period of
time while long term impacts will endure well into the
future. )
X
Does the project have impacts which are individually
limited, but cumulatively considerable? (A project's
impact on two or more separate resources may be
relatively small, but where the effect of the total of
those impacts on the environment is significant.)
X
Does the project have environmental effects which will
cause substantial adverse effects on human beings,
either directly or indirectly?
X
V. DEPARTMENT OF FISH AND GAME "DE MINIMUS" IMPACT FINDINGS
Does the project have the potential to cause any adverse effect,
either individually or cumulatively, on fish and wildlife resources?
Wildlife is defined as "all wild animals, birds, plants, fish,
amphibians, and related ecological communities, including the
habitat upon which the wildlife depends on for it's continued
viability" (Section 711.2, Fish and Game Code).
Yes
N._~o
X
ENVIRONMENTAL DETERMINATION
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on
the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effec~
on the environment, there WILL NOT be a Significant effect in this case
because the Mitigation Measures described on the attached sheets and
in the Conditions of Approval that have been added to the project will
mitigate any potentially significant impacts to a level of insignificance,
and a NEGATIVE DECLARATION will be prepared.
I find the proposed project MAY have a significant effect on the
enviroment, and an ENVIRONMENTAL IMPACT REPORT is required.
Prepared by: ~
Signature
Saied Naaseh. Associate Planner
Name and Title
August 8. 1994
Date
R:~TAFFRF'rXlTPA94.1S 9/15/94 tjs 26
ATTACHMENT NO. 4
APPROVED DEVELOPMENT AGREEMENT
R:~STAFFR.PT\ITPA94.1S 9115/94 tjs ~7
Recorded at request of
Clerk. Board of Supervisors
County of Riverside
When recorded return to
Riverside County Planning Piterror
4080 Lemon -~treet. 9th Floor
Riverside. CA 92501
DEVELOPMENT AGREEKENT N0. 37
A development agreement between
COUNTY OF RIVERSIDE
and
DAV BAR I
and others
Specific Plan No. 164 - Roripaugh
OCT 4 1988
Development Agreement No. 37
TABLE OF CONTENTS
SECTION
1.1
1.1.1
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.1.8
1.1.9
1.1.10
1.1.11
1.1.12
1.1.13
1.1.14
1.1.15
1.1.16
1.1.17
1.2
2.1
2.2
2.3
2.4
2.4.1
2.4.2
2.4.3
2.4.4
2.4.5
2.5
2.6
2.7
HEADING
RECITALS
DEFINITIONS AND EXHIBITS ......
Definitions ......
Agreement
COUNTY
Development
Development Approvals
Development Exaction .....
Development Plan .
Effective Date .
Existing Development Approvals
Existing Land Use Regulations
Land Use Regulations ........
OWNER ........
Mortgagee
Project
Property
Reservations of Authority
Subsequent Development Approvals
Subsequent Land Use Regulations
Exhibits ......
GENERAL PROVISIONS .
PAGE
Binding Effect of Agreement 5
Ownership of Property ...... 5
Term . 6
Assignment .... 6
Right to Assign 6
Release of Transferring Owner 6
Subsequent Assignment 7
Partial Release of Purchaser.
Transferee. or Assignee of
Industrial or Commercial Lot 7
Termination of Agreement With
Respect to Individual Lots Upon
Sale to Public and Completion
of Construction 7
Amendment or Cancellation of Agreement 8
Termination S
Notices 8
SECTION HEADING PAGE
3.1
3.2
3.3
3.4
3.5
3.6
3.6.1
3.6.2
3.6.3
3,6.4
3.7
3.8
3.9
3.10
3.11
e
4.1
4.2
4.2.1
4.2.2
4.2.3
4.2.4
4.2.5
4.3
6.1
6.2
6.3
6.4
6.'5
6.6
7.1
7.2
7.3
DEVELOPMENT OF THE PROPERTY
10
Rights to Develop .......... 10
Effect of Agreement on Land Use
Regulations ........ 10
Timing of Development ...... 10
Phasing Plan . · 11
Changes and Amendments ..... 11
Reservations of Authority ...... 11
Limitations, Reservations and
Exceptions .......... 11
Subsequent Development Approvals . 13
Modification or Suspension by
State or Federal Law 13
Intent ......... 13
Public Works 13
Provision of &e~l'Property
Interests by COUNTY 13
Regulation by Other Public Agencies . 14
Tentative Tract Map Extension . 14
Vesting Tentative Maps . 14
PUBLIC BENEFITS
. 14
Intent . 14
Public Facilities and Services
Mitigation Fee .......
Amount and Components of Fee., 1S
Time of Payment ...... 15
Reduction for Low-Occupancy 15
Annual Fee Adjustment 16
Credits . . . 16
Continuation of Fees ..... 16
FINANCING OF PUBLIC IMPROVEMENTS .
17
REVIEW FOR COMPLIANCE ...... 17
Periodic Review 1~
Special Review . 17
Procedure .......... 17
Proceedings Upon Modification
or Termination ............ 18
Hearing on Modification or Termination 18
Certificate of Agreement Compliance 18
INCORPORATION AND ANNEXATION
19
Intent. . . . 19
Incorporation 19
Annexation 19
ii
SECTION HEADING PAGE
8.1
8.2
8.3
8.4
8.5
9.1
9.2
9.3
9.4
9.5
9.6
10.
11.
11 1
11 2
11 3
11 4
11 5
11 6
11 7
11.8
11.9
11.10
11.11
11.12
11.13
11.14
11.15
11.16
11.17
ll.lS
11.19
11.20
DEFAULT AND REMEDIES .......... 19
Remedies in General ........ 19
specific Performance 20
Release .............. 20
Termination or Modification of
Agreement for Default of OWNER 20
Termination of Agreement for
Default of COUNTY ......... 21
THIRD PARTY LITIGATION ..
21
General Plan Litigation 21
Third Party Ligitation Concerning
Agreement . 22
Indemnity . 21
Environment Assurances 22
Reservation of Rights 22
Survival 23
MORTGAGEE PROTECTION .
23
MISCELLANEOUS PROVISIONS .
. 24
Recordation of Agreement
Entire Agreement .
Severability ....
Interpretation and Governing Law
Section Headings
Singular and Plural
Joint and Several Obligations
Time of Essence
Waiver ........
No Third Party Beneficiaries
Force Ma]eure
Mutual Covenants .....
Successors in Interest .
Counterparts
Jurisdiction and Venus .
Project as a Private Undertaking
Further Actions and Instruments
Eminent Domain
Agent for Service of Process .
Authority to Execute
Signatures
. 24
24
24
24
25
25
25
25
25
25
25
25
26
26
26
26
27
27
27
iii
DEveLOPMENT AGREEMENT NO. 37
Thi's Development Agreement (hereinafter "Agreement") is
entered inno effective on ~he dane it is recorded with the
Riverside County Recorder (hereinaf=er the "Effective Date") by
and among the COUNTY OF RIVERSIDE (hereinafter "COUNTY")..and the
persons and entities listed below (betel=after "OWNER"):
DAV BAR I. a California General Partnership:
JOHN E. RORIPAUGH:
JUNE RORIPAUGH TULL:
LEO E."RORIPAUGH and MARlAN E. RORIPAUGH. Trustees of the Leo E.
Roripaugh and Marinn E. Roripaugh 1975 Trust:
LEO E. RORIPAUGH and MARlAN E. RORIPAUGH 1975 TRUST: and
LEO E. RORIPAUGH and MARlAN E. RORIPAUGH
BAR-DAV. a California Partnership
DAV-BAR lI. a California General Partnership
RECITALS
WHEREAS. COUNTY is authorized to enter into binding
development agreements with persons having legal or equitable
interests in real property for =he development of such property.
pursuant to Section 65864. e= seq. of the Government Code: and.
WHEREAS. COUNTY has adopted rules and regulations for
consideration of development agreements. pursuant to Section
65865 of the Government Code: and.
WHEREAS. OWNER has requested COUNTY to enter into a
development agreement and proceedings have been taken in
accordance with the rules and regulations of COUNTY: and.
WHEREAS. by electing to enter into =his Agreement. COUNTY
shall bind future Boards of Supervisors of COUNTY by the
obligations specified herein and limit the future exercise of
certain gover, nmen=al and proprietary powers of COUNTY: and.
WHEREAS. the terms and conditions of this Agreement have
undergone extensive review by COUNTY and the Board of Supervisors
and have been found to be fair. just and reasonable: and.
WHEREAS. the best interests of =he citizens of Riverside
County and the public health. safety and welfare will be served
by entering into this Agreement; and.
WHEREAS. all of the procedures of the California
Environmental Quality Act have been met with respect to the
Project and =he Agreement: and.
WHEREAS. this Agreement and the Pro)err are consistent
with the Riverside County Comprehensive General Plan and any
Specific Plan applicable thereto: and.
-1-
WHEREAS. all actions taken and approvals given by COUNTY
have been duly taken or approved in accordance with all
applicable legal reguirements for notice. public hearings,
findings. votes. and other procedural matters: and.
WHEREAS. development of the Property in accordance with
this Agreement will provide substantial benefits to COUNTY and
will further important policies and goals of COUNTY: and,
WHEREAS. this Agreement will eliminate uncertainty in
planning and provide for the orderly development of the Property.
ensure progressive installation of necessary improvements,
provide for public services appropriate to the development of the
Project, and generally serve the purposes for Which development
agreements under Sections 85864. et seg. of the Government Code
are intended: and.
WHEREAS. on July 26. 1988. Special Assessment District
No. 161 was formed by County Resolution No. 88-347 pursuant to a
petition. executed by OWNER. requesting the District to be formed
and consenting to said District being formed to provide a
financing mechanism to pay for the construction of certain public
facilities that would benefit the Property and OWNER advanced
those monies needed to pay all costs associated with forming said
District and retained and paid civil engineers to design and
engineer the public facilities to be constructed. and said public
facilities were designed to benefit the Property and certain of
the facilities may have been oversized to benefit adjacent
properties and the public at large: and.
WHEREAS. OWNER has incurred and will in the future incur
substantial costs in order to assure development of the Property
in accordance with this Agreement: and.
WHEREAS. OWNER has incurred and will in the future
substantial costs in excess of the generally applicable
requirements in order to assure vesting of legal rights to
develop the Property in accordance with this Agreement.
incur
///
III
II/
III
III
III
III
III
-2-
to lessen. offset, mitigate or compensate for the
of development on the environment or other public
interests.
impacts
1.1.6 ,,Development Plan" means the Existing
Development Approvals and the Existing Land Use
Regulations applicable to development of the Property.
1.1.7 "Effective Date" means the date this
Agreement is recorded with the County Recorder.
1.1.8 "Existing Development Approvals" means
all Development Approvals appr~ved or issued prior to the
Effective Date. Existing Development Approvals includes
the Approvals incorporated herein as Exhibit "C" and all
other Approvals which are a matter of public record on
the Effective Date.
1.1.9 "Existing Land Use Regulations" means all
Land Use Regulations in effect on the Effective Date.
Existing Land Use Regulations includes the Regulations
incorporated herein as Exhibit "D" and all other
Regulations which are a matter of public record on the
Effective Date.
1.1.10 "Land Use Regulations" means all
ordinances, resolutions, codes. rules, regulations and
official policies of COUNTY governing the development and
use of land. including. without limitation. the permitted
use of land. the density or intensity of use, subdivision
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. "Land Use
Regulations" does not include any COUNTY ordinance.
resolution. code, rule, regulation or official policy.
governing:
(a) The conduct of businesses. professions.
and occupations:
(b) Taxes and assessments;
(c) The control and abatement of nuisances;
(d) The granting of encroachment permits and
the conveyance of rights and interests which
provide for the use of or the entry upon public
property:
(e) The exercise of the power of eminent
domain.
1.1.11 "OWNER" means the persons and entities
listed as OWNER on page 1 of this Agreement and their
successors in interest to all or any part of the Property.
-4-
COVENANTS
NOW. THEREFORE. in consideration of the above recitals
· and of the mutual covenants heceinafter contained and for other
good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged. the parties agree as follows:
DEFINITIONS AND EXHIBITS.
1.1 Definitions. The following terms when used in this
Agreement shall be defined as follows:
1.1.1
Agreement.
"Agreement" means this Development
1.1.2 "COUNTY" means the County of Riverside. a
political subdivision of the State of California.
1.1.3 "Development" means the improvement of
the Property for the purposes of completing the
structures. improvements and facilities comprising the
Project including. but not limited to: grading; the
construction of infrastructure and public facilities
related to the Project whether located within or outside
the Property: the construction of buildings and
structures: and the installation of landscaping.
"Development" does not include the maintenance. repair.
reconstruction or redevelopment of any building.
structure. improvement or facility after the construction
and completion thereof.
1.1.4 "Development Approvals" means all permits
and other entitlements for use subject to approval or
issuance by COUNTY in connection with development of the
Property including. but not limited to:
(a) Specific plans and specific plan
amendments:
(b) Tentative and final subdivision and
parcel maps;
(c) Conditional use permits. public use
permits and plot plans:
(d) Zoning;
(e) Grading and building permits.
1.1.5 "Development Exaction" means any
requirement of COUNTY in connection with or pursuant to
any Land Use Regulation or Development Approval for the
dedication of land. the construction of improvements or
public facilities. or the payment of fees in order
-3-
1.1.12 "Mortgagee" means a mortgagee of a
mortgage, a beneficiary under a deed of trust or any
other security-device lender, and their successors and
assigns.
1.1.13 "Project" means the development of the
Property contemplated by the Development Plan as such
Plan may be further defined, enhanced or modified
pursuant to the provisions of this Agreement.
1.1.14 "Property" means the real property
described on Exhibit "A" and Shown on Exhibit "B" to this
Agreement.
1.1.15 "Reservations of Authority" means the
rights and authority excepted from the assurances and
rights provided to OWNER under this Agreement and
reserved to COUNTY under Section 3.6 of this Agreement.
1.1.16 "Subsequent Development Approvals" means
all Development Approvals required subsequent to the
Effective Date in connection with development of the
Property.
1.1.17 "Subsequent Land Use Regulations" means
any Land Use Regulations adopted and effective after the
Effective Date of this Agreement.
1.Z Exhibits, The following documents are attached
and by this reference made a part of~ this Agreement~
Exhibit "A" -- Legal Description of the Property.
Exhibit "B" -- Map showing Property and its
location.
Exhibit "C" -- Existing Development Approvals.
Exhibit "D" -- Existing Land Use Regulations.
Exhibit "E" -- Fee Credits.
2. GENERAL PROVISIONS.
2,1 Bindinu Effect of Aureement, The Property is
hereby made subject to this Agreement. Development of the
Property is hereby authorized and shall be carried out only in
accordance with the terms of this Agreement.
2.2 Ownership of Property. OWNER represents and
covenants that it is the owner of the fee simple title to the
Property or a portion thereof.
-S-
2.3 Term. The term of this Agreement shall commence
the Effective Date and shall continue for a period of 10 (ten)
years thereafter unless this term is modified or extended
pursuant to the provisions of this Agreement.
on
2.4 Assignment.
2.4.1 RiCht to Assjut. 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) 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. OWNER shall notify COUNTY. in writing.
of such sale. transfer or assignment and shall
provide COUNTY with an executed agreement. in a
form reasonably acceptable to COUNTY. 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 OWNER under this
Agreement.
Any sale, transfer or assignment not made in strict
compliance with the foregoing conditions shall constitute
a default by OWner under this Agreement. Notwithstanding
the failure of any purchaser. transferee or assignee to
execute the agreement required by Paragraph (b) of this
Subset~tion 2.4.1. 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.
2.4.2 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 COUNTY. which release shall be
provided by COUNTY upon the full satisfaction by such
transferring OWNER of the following conditions:
-6-
t-
-- (a) OWNER no longer has a legal or equitable
interest in all or any part of the Property.
(b) OWNER is not then in default under this
Agreement.
(c) OWNER has provided COUNTY with the notice
and executed agreement required under Paragraph (b)
of Subsection 2.4.1 above.
(d) The purchaser, transferee orassignee
provides COUNTY With security equivalent to any
security previously provided by OWNER to secure
performance of its obligations hereunder.
2.4.3 Subsequent Assianment. Any subsequent
sale, transfer or assignment after an initial sale,
transfer or assignment shall be made only in accordance
with and subject to the terms and conditions of this
section.
2.4.4 Partial Release of Purchaser, Transferee
or Assianee of Industrial or Commercial Lot. A
purchaser. transferee or assignee of a lot, which has
been finally subdivided as provided for in the
Development Plan and for which a commercial or industrial
plot plan for development of the lot has been finally
approved pursuant to the Development Plan, may submit a
request, in Writing, to COUNTY to release said lot from
the obligations under this Agreement relating to all
other portions of the property. Within thirty (30) days
of such request, COUNTY shall review, and if the above
conditions are satisfied shall approve the request for
release and notify the purchaser, transferee or assignee
in writing thereof. No such release approved pursuant to
this Subsection 2.4.4 shall cause. or otherwise affect. a
release of OWNER from its duties and obligations under
this Agreement.
2.4.5 Termination of Aareement With-Respect-to
Individual Lots Upon Sale to Public and Completion of
Construction. The provisions of Subsection 2.4.1 shall
not [pply to the sale or lease (for a period longer than
one year) of any lot which has been finally subdivided
and is individually (and not in "bulk") sold or leased to
a member of the public or other ultimate user.
Notwithstanding any other provisions of this Agreement.
this Agreement shall terminate with respect to any lot
and such lot shall be released and no longer be sub)ect
to this Agreement without the execution or recordation of
any further document upon satisfaction of both of the
following conditions:
(a) The lot has been finally subdivided and
individually (and not in "bulk") sold or leased
~7-
(for a period longer than one year) to a member of
the public or other ultimate user; and,
(b) A Certificate of Occupancy has been
issued for a building on the lot, and the fees set
forth under Section 4 of this Agreement have been
'paid.
2.5 Amendment or Cancellation of Agreement. This
Agreement may be amended oc cancelled in whole or in pact only by
written consent of all parties in the manner provided for in
Government Code Section 65868. This provision shall not limit
any remedy of COUNTY or OWNER as provided by this Agreement.
2.6 Termination. This Agreement shall be deemed
terminated and of no further effect upon the occurrence of any of
the following events:
(a) Expiration of the stated term of this
Agreement as set forth in Section 2.3.
(b) Entry of a final judgment
voiding or annulling the adoption of
appcoving this Agreement.
setting aside,
the ordinance
(c) The adoption of a referendum measure
overriding or repealing the ordinance approving this
Agreement.
(d) Completion of the Project in accordance with
the terms of this Agreement including issuance of all
required occupancy permits and acceptance by COUNTY or
applicable public agency of all required dedications.
Termination of this Agreement shall not constitute
termination of any other land use entitlements approved for the
Property. Upon the termination of this Agreement, no party shall
have any further right or obligation hereunder except with
respect to any obligation to have been performed prior to such
termination or with respect to any default in the performance of
the provisions of this Agreement which has occurred prior to such
termination or with respect to any obligations which are
specifically ~et forth as surviving this Agreement. Upon such
termination, any public facilities and services mitigation fees
paid pursuant to Section 4.2 of this Agreement by OWNER to COUNTY
for residential units on which construction has not yet begun
shall be refunded to OWNER by COUNTY.
2.7 Notices.
(a) As used in this Agreement, "notice" includes,
but is not limited to, the communication of notice,
request, demand, approval, statement, report, acceptance,
consent, waiver, appointment or other communication
required or permitted hereunder.
-8-
time,
(b) All notices shall be in writing and shall be
considered given either: (i) when delivered in person to
the recipient named below: or (ii) on the date of
delivery shown on the return receipt, after deposit in
the United States mail in a sealed envelope as either
registered or certified mail with return receipt
requested. and postage and postal charges prepaid, and
addressed to the recipient named below: or (iii) on the
date of delivery shown in the records of the telegraph
company after transmission by telegraph to the recipient
named below. All notices shall be addressed as follows:
If to COUNTY:
Clerk of the Board of Supervisors
County of Riverside
4080 Lemon St., 14th Floor
Riverside, CA 92501
with copies to:
County Administrative Officer
County or Riverside
4080 Lemon St., 12th Floor
Riverside, CA 92501
and
Director
Planning Department
County o~ Riverside
4080 Lemon St., 9th Floor
Riverside, CA 92501
County Counsel
County of Riverside
3535 Tenth St., Suite
'Riverside, CA 92501
300
If to OWNER:
Davidson Communities
12520 Hiqh Bluff Drive
Suite 300
San Diego, CA. 92130
with a copy to:
Dennis D. O'Neil, Esq.
Pettis, Tester, Kruse & Krinsky
18881 Von Karman, 18th. Floor
Irvine, CA. 92715
(c) Either party may, by notice given at any
require subsequent notices to be given to another person or
-9-
entity, whether a party or an officer or representatiye of a
party. or to a different address, or both. Notices given before
actual receipt of notice of change shall not be invalidated by
the change.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Rights to Develop. Subject to the terms of this
Agreement including the Reservations of Authority, OWNER shall
have a vested right to develop the Property in accordance with.
and to the extent of, the Development Plan. The Project shall
remain subject to all Subsequent Development Approvals required
to complete the Project as contemplated by 'the Development Plan.
Except as otherwise provided in this Agreement, the permitted
uses of the Property, the density and intensity of use. the
maximum height and size of proposed buildings, and provisions fo~
reservation and dedication of land for public purposes shall be
those set forth in the Development Plan.
3.2 Effect of Aareement on Land Use Reaulations.
Except as otherwise provided under the terms of this Agreement
including the Reservations of Authority, the rules, regulations-
and official policies governing permitted uses of the Property,
the density and intensity of use of the Property, the maximum
height and size of proposed buildings, and the design,
improvement and construction standards and specifications
applicable to development of the Property shall be the Existing
Land Use Regulations. In connection with any Subsequent
Development Approval, COUNTY shall exercise its discretion in
accordance with the Development Plan, and as provided by this
Agreement including, but not limited to, the Reservations of
Authority. COUNTY shall accept for processing, review and action
all applications for Subsequent Development Approvals, and such
applications shall be processed in the normal manner for
processing such matters.
3.3 Timing of Development. The parties acknowledge
that OWNER cannot at this time predict when or the rate at which
phases of the Property will be developed. Such decisions depend
upon numerous factors which are not within the control of OWNER,
such as market orientation and demand, interest rates,
absorption, ce~npletion and other similar factors. Since the
California Supreme Court held in Pardee Construction Co. v. City
of Camarillo (1984) 37 Cal.3d 46S, 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 OWNER shall have the right to develop the Property
in such order and at such rate and at such times as OWNER deems
appropriate within the exercise of its subjective business
judgment, subject only to any timing or phasing requirements set
forth in the Development Plan or the Phasing Plan set forth in
Section 3.4.
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3.4 Phasina Plan. Development of the Property shall be
subject to all timing and phasing requirements established by the
Development Plan.
3.5 Changes and Amendments. The parties acknowledge
that refinement and further development of the Project will
require Subse-quent Development Approvals and may demonstrate that
changes are appropriate and mutually desirable in the Existing
Development Approvals. In the event OWNER finds that a change in
the Existing Development Approvals is necessary or appropriate.
OWNER shall apply for a Subsequent Development Approval to
effectuate such change and COUNTY shall process and act on such
application in accordance with the Existing Land Use Regulations.
except as otherwise provided by this Agreement including the
Reservations of Authority. If approved. any such change in the
Existing Development Approvals shall be incorporated herein as an
addend~m to Exhibit "C". and may be further changed from time. to
time as provided in this Section. Unless otherwise required by
law. as determined in COUNTY's reasonable discretion. a change to
the Existing Development Approvals shall be deemed "minor" and
not require an amendment to this Agreement provided such change
does not:
(a) Alter the permitted uses of the Property as a
whole: or.
(b) Increase the density or intensity of use of
the Property as a whole; 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
Property as a Whole; or.
(e) Constitute a project requiring a subsequent or
supplemental environmental impact report pursuant to
Section 21166 of the Public Resources Code.
3.6 · Reservations of Authority.
3.6.1 Limitations. Reservations and
ExcePtions. Notwithstanding any other provision of this
Agreement. the [oilowing Subsequent Land Use Regulations
shall apply to the development o[ the Property.
(a) Processing fees and charges of every kind
and nature imposed by COUNTY to cover the estimated
actual costs to COUNTY of processing applications
for Development Approvals or for monitoring
compliance with any Development Approvals granted
or issued.
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(b) Procedural regulations relating to
hearing bodies. petitions, applications, notices.
findings, records, hearings, reports,
recommendations, appeals and any other matter of
procedure.
(c) Regulations governing construction
standards and specifications including. without
limitation, the County's Building Code. Plumbing
Code, Mechanical Code. Electrical Code. Fire Code
and Grading Code.
(d) Regulations imposing Development
Exactions: provided, however,' that no such
subsequently adopted Development Exaction shall be
applicable to development of the Property unless
such Development Exaction is applied uniformly to
development, either throughout the COUNTY or within
a defined area of benefit which includes the
Property. No such subsequently adopted Development
Exaction shall apply if its application to the
Property would physically prevent development of
the Property for the uses and to the density or
intensity of development set forth in the
Development Plan. In the event any such
subsequently adopted Development Exaction fulfills
the same purposes, in whole or in part, as the fees
set forth in Section 4 of this Agreement, COUNTY
shall allow a credit against such subsequently
adopted Development Exaction for the fees paid
under Section 4 of this Agreement to the extent
such fees fulfill the same purposes.
(e) Regulations which may be in conflict with
the Development Plan but which are reasonably
necessary to protect the public health and safety.
To the extent possible, any such regulations shall
be applied and construed so as to provide OWNER
with the rights and assurances provided under this
Agreement.
(f) Regulations which are not in conflict
~with the Development Plan. Any regulation. whether
adopted by initiative or otherwise, limiting the
rate or timing of development of the Property shall
be deemed to conflict with the Development Plan and
shall therefore not be applicable to the
development of the Property.
(g) Regulations which are in conflict with
the Development Plan provided OWNER has given
written consent to the application of such
regulations to development of the Property.
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3.6,2 Subsequent Development Approvals. This
Agreement shall not prevent COUNTY, in acting on
Subsequent Development Approvals, from applying
Subsequent Land Use Regulations which do not conflict
with the Development Plan, nor shall this Agreement
prevent COUNTY from denying or conditionally approving
any SUbsequent Development Approval on the basis of the
Existing Land Use Regulations or any Subsequent Land Use
Regulation not in conflict with the Development Plan.
3.6.3 Modification or Suspension bV 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.
3.6.4 Intent. The parties acknowledge and
agree that COUNTY is restricted in its authority to limit
its police power by contract and that the foregoing
limitations, reservations and exceptions are intended to
reserve to COUNTY all of its police power which cannot be
so limited. This Agreement shall be construed, contrary
to its stated terms if necessary, to reserve to COUNTY
all such power and authority which cannot be restricted
by contract.
3.7 Public Works. If OWNER is required by this
Agreement to construct any public works facilities which will be
dedicated to COUNTY or any other public agency upon completion,
and if required by applicable laws to do so, OWNER shall perform
such work in the same manner and subject to the same requirements
as would be applicable to COUNTY or such other public agency
should it have undertaken such construction.
3.8 Provision of Real ProPertY Interests by COUNTY. In
any instance ~here OWNER is required to construct any public
improvement on land not owned by OWNER, OWNER shall at its sole
cost and expense provide or cause to be provided, the real
property interests necessary for the construction of such public
improvements. In the event OWNER is unable, after exercising
reasonable efforts, including, but not limited to, the rights
under Sections 1001 and 1002 of the Civil Code,.to acquire the
real property interests necessary for the construction of such
public improvements, and if so instructed by OWNER and upon
OWNER'S provision of adequate security for costs COUNTY may
reasonably incur, COUNTY shall negotiate the purchase of the
necessary real property interests to allow OWNER to construct the
public improvements as required by this Agreement and, if
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necessary, in accordance with the procedures established by law,
use its power of eminent domain to acquire such required real
property interests. OWNER shall pay all costs associated with
such acquisition or condemnation proceedings. This section 3.8
is not intended by the parties to impose upon the OWNER an
enforceable d~ty to acquire land or construct any public
improvements on land not owned by OWNER, except to the extent
that the OWNER elects to proceed with the development of the
Project, and then only in accordance with valid conditions
imposed by the COUNTY upon the development of the Project under
the Subdivision Map Act or other legal authority.
3.9 Regulation bY Other Public Agencies. It is
acknowledged by the parties that other public agencies not within
the control of COUNTY possess authority to regulate aspects of
the development of the Property separately from or 3ointly with
COUNTY and ~his Agreement does not limit the authority of such
other public agencies. For example, pursuant to Government Code
Section 66477 and Section 10.35 of Riverside County Ordinance No.
460, another local public agency may provide local park and
recreation services and facilities and in that event, it is
permitted, and therefore shall be permitted by the parties. to
participate jointly with COUNTY to determine the location of land
to be dedicated or in lieu fees to be paid for local park
purposes, provided that COUNTY shall exercise its authority
sub]ect to the terms of this Agreement.
3.10 Tentative Tract Map Extension. Notwithstanding the
provisions of Section 66452.6 of the Government Code, no
tentative subdivision map or tentative parcel map, heretofore or
hereafter approved in connection with development of the
Property, shall be granted an extension of time except in
accordance with the Existing Land Use Regulations.
3.11 Vestin~ Tentative Maps. If any tentative or final
subdivision map, or tentative or final parcel map, heretofore or
hereafter approved in connection with development of the
Property, is a vesting map under the Subdivision Map Act
(Government Code Section 66410, et seg.) and Biverside County
Ordinance No. 460 and i~ this Agreement is determined by a final
judgment to be invalid or unenforceable insolaf as it grants a
vested right ~o develop to OWNEB, then and to that extent the
rights and protections afforded OWNER under the laws and
ordinances applicable to vesting maps shall supersede the
provisions of this Agreement. Except as set forth immediately
above, development o~ the Property shall occur only as provided
in this Agreement, and the provisions in this Agreement shall be
controlling over any conflicting provision of law or ordinance
concerning vesting maps.
4. PUBLIC BENEFITS.
4.1 Intent. The parties acknowledge and agree that
development of the Property will result in substantial public
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needs which will not be fully met by the Development Plan and
further acknowledge and agree that this Agreement confers
substantial private benefits on OWNER which should be balanced
commensurate public benefits. Accordingly. the parties intend
provide consideration to the public to balance the private
benefits conferred on OWNER by providing more fully for the
satisfaction Of the public needs resulting from the Project.
by
4.2 Public Facilities and Services Mitigation Fee.
4.2.1 Amount and Components of Fee. OWNER
shall pay to COUNTY a public'facilities and services
mitigation fee in the total amount of $4277.00 for each
residential unit constructed on the Property. which fee
shall be comprised of the following components:
(a) Public Facilities Fee
$1891 per Residential
Unit
(b) Regional Parkland Fee
$350.00 per
Residential Unit with
$50.00 allocated for
recreational trails'
(c)
Habitat Conservation
and Open Space Land
Bank Fee
(d) Public Services
Offset Fee
$260.00 per
Residential Unit
$1776.00' per
Residential Unit
The amount
mitigation
Subsection
of the public facilities and services
fee shall be adjusted annually as provided
4.2.4.
in
4.2.2 Time of Payment. The fees required
pursuant. to Subsection 4.2.1 shall be paid to COUNTY
prior to the issuance of building permits for each
residential unit. No fees shall be payable f~r building
permits issued prior to the Effective Date of this
Agreement, but the fees required pursuant to Subsection
4.2.1 shall be paid prior to the re-issuance or extension
of any building permit for a residential unit for which
such fees have not previously been paid.
4.2.3 Reduction for Low-Occupancy Residential
Units. The fees required pursuant to SUbsection 4.2.1
shall be reduced by 33.3 percent for low-occupancy
residential units. For the purposes of this Subsection.
low-occupancy residential units shall be limited to the
following:
(a) one bedroom and studio apartments
rooms, dens. and any similar room shall be
considered to be bedrooms);
(family
(b) Mobilehomes:
(c) Residential units in developments that
are legally restricted to occupancy by senior
citizens pursuant to Riverside County Ordinance No.
348 or state law.
4.2.4 Annual Fee Adjustment. The fees required
pursuant to Subsection 4.2.1 shall be adjusted annually
durinq the term of this Agreement on the anniversary of
the Effective Date in accordance with the changes in the
Consumer Price Index for All Urban Consumers in the Los
Angeles-Anaheim-Rivereide Area (hereinafter CPI)
published monthly by the U.S. Bureau of Labor
Statistics. The annual adjustment shall be calculated in
the following manner:
(a) Divide the CPI for month and year of the
Effective Date into the CPI for the month
immediately preceding the anniversary in which said
fees are to be adjusted.
{b) Multiply the quotient obtained by the
calculation in Paragraph (a) above times said fees.
(c) The result of the multiplication obtained
in Paragraph (b) above shall constitute the fees
payable during the succeeding year.
If the CPI specified herein is discontinued or revised
during the term of this Agreement. such other government
index or computation with which it is replaced shall be
used in order to obtain substantially the same result as
would have been obtained if the CPI had not been
discontinued.
In no event shall the fees be less than the fees set
forth in Subsection 4.2.1.
4.2.5 Credits. OWNER shall be entitled to
credit against the fees required pursuant to Subsection
4.2.1 for the dedication of land. the construction of
improvements or the payment of fees as specifically set
forth in Exhibit "E".
To the extent that Subsection 4.2.4 results in an
increase in the fees payable pursuant to 4.2.1(a), then
the credit provided in this Subsection for Public
Facilities as specified in Exhibit "E" shall be likewise
increased by the same percentaqe. No increase in the
credits set forth in Exhibit "E" shall be allowed for any
item which is not specifically identified as a Public
Facility Credit on Exhibit "E".
4.3 Continuation of Fees. Should all or any portion of
Property become part of a city or another county. the fees
payable pursuant to Section 4.2 shall remain and still be payable
to COUNTY on the following basis:
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(b) Upon completion of a periodic review or a
special review. the Planning Director shall submit a
report to the Board of Supervisors setting forth the
evidence concerning good faith compliance by OWNER with
the terms of this Agreement and his recommended finding
on that issue.
(c) If the Board finds on the basis of substantial
evidence that OWNER has complied in good faith with the
terms and conditions of this Agreement. the review shall
be concluded.
(d) If the Board makes a preliminary finding that
OWNER has not complied in good faith with the terms and
conditions of this Agreement. the Board may modify or
terminate this Agreement as provided in Section 6.4 and
SeCtion 6.5. Notice of default as provided under Section
8.4 of this Agreement shall be given to OWNER prior to or
concurrent with. proceedings under Section 6.4 and
Section 6.5.
6.4 Proceedinas Upon Modification or Termination.
upon a finding under Section 6.3. COUNTY determines to proceed
with modification or termination of this Agreement. COUNTY shall
give written notice to OWNER of its intention so to do. The
notice shall be given at least ten calendar days prior to the
scheduled hearing and shall contain:
(a) The time and place of the hearing:
(b) A statement as to whether or not COUNTY
proposes to terminate or to modify the Agreement: and.
(c) Such other information as is reasonably
necessary to inform OWNER of the nature of the proceeding.
6.5 Hearinu on Modification or Termination. At the
time and place set for the hearing on'modification or
termination. OWNER shall be given an opportunity to be heard.
OWNER shall be required to demonstrate good faith compliance with
the terms and conditions of this Agreement. The burden of proof
on this issue shall be on OWNER. If the Board of Supervisors
finds. basedeSpot substantial evidence. that OWNER has not
complied in good faith with the terms or conditions of the
Agreement. the Board may terminate this Agreement or modify this
Agreement and impose such conditions as are reasonably necessary
to protect the interests of the County. The decision of the
Board of Supervisors shall be final. subject only to judicial
review pursuant to Section 1094.5 of the Code of Civil Procedure.
6.6 Certificate of AQreement Compliance. If. at the
conclusion of a Periodic or Special Review. OWNER is found to be
in compliance with this Agreement. COUNTY shall. upon request by
OWNER. issue a Certificate of Agreement Compliance
("Certificate") to OWNER stating that after the most recent
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(a) Fees under 4.2.1(a) shall be payable at the
rate of five and three tenths percent (5.3%) thereof to
COUNTY and the remainder to such city or other county.
(b) Fees payable under Subsections 4.2.1(b) and
(c) shall be fully payable to COUNTY.
(c) Fees under Subsection4.2.1(d) shall be
payable at the rate of one-third (1/3) thereof to such
city or other county and the remainder to COUNTY.
5. FINANCING OF PUBLIC IMPROVEMENTB.
If deemed appropriate, COUNTY and OWNER will cooperate in
the formation of any special assessment district. community
facilit'ies district or alternate financing mechanism to pay for
the construction and/or maintenance and operation of public
infrastructure facilities required as part of the Development
Plan. COUNTY also agrees that. to the extent any such district
or other financing entity is formed and sells bonds in order to
finance such reimbursements. OWNER may be reimbursed to the
extent that OWNER spends funds or dedicates land for the
establishment of public facilities. Notwithstanding the
foregoing. it is acknowledged and agreed by the parties that
nothing contained in this Agreement shall be construed as
requiring COUNTY or the COUNTY Board of Supervisors to form any
such district or to issue and sell bonds.
6. REVIEW FOR COMPLIANCE.
6.1 Periodic Review. The Planning Director shall
review this Agreement annually, on or before the anniversary of
the Effective Date. in order to ascertain the good faith
compliance by OWNER with the terms of the Agreement. OWNER shall
submit an Annual Monitoring Report. in a form acceptable to the
Planning Director. within 30 days after written notice from the
Planning Director. The Annual Monitoring Report shall be
accompanied by an annual review and administration fee sufficient
to defray the estimated costs of review and administration of the
Agreement during the succeeding year. The amount of the annual
review and administration fee shall be set annually by resolution
of the Board of Supervisors.
6.2 Special Review. The Board of Supervisors may order
a special review of compliance with this Agreement at any time.
The Planning Director shall conduct such special reviews.
6.3 Procedure.
(a) During either a periodic review or a special
review. OWNER shall.be required to demonstrate good faith
compliance with the terms of the Agreement. The burden
of proof on this issue shall be on OWNER.
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Periodic or Special Review and based upon the information known
or made Known to the Planning Director and Board of supervisors
that (1) this Agreement remains in effect and (2) OWNER is not ~n
default. The Certificate shall be in recordable form. shall
contain information necessary to communicate constructive record
notice of thefinding of compliance, shall state whether the
Certificate is issued after a Periodic or Special Review and
shall state the anticipated date of commencement of the next
Periodic Review. OWNER may record the Certificate with the
CounnV Recorder.
.. Whether or not the Certificate is relied upon by
assignees or other transferees or OWNER, COUNTY shall not be
bound by a Certificate if a default existed at the time of the
Periodic or Special Review, but was concealed from or otherwise
not known to the Planning Director or Board of Supervisors.
7. INCORPORATION AND ANNEXATION.
7.1 Intent. If all or any portion of the Property is
annexed to or otherwise becomes a part of a city or another
county, it is the intent of the parties that this Agreement shall
survive and be binding upon such other jurisdiction.
7.2 Incorporation. If at any time during the term of
this Agreement, a city is incorporated comprising all or any
portion of the Property, the validity and effect of this
Agreement shall be governed by Section 65865.3 of the Government
Code.
7.3 Annexation. OWNER and COUNTY shall oppose, in
accordance with the procedures provided by law, the annexation to
any city of all or any portion of the Property unless both OWNER
and COUNTY give written consent to such annexation.
8. DEFAULT AND REMEDIES.
8.1 'Remedies in General. It is acknowledged-by the-
parties that COUNTY would not have entered into this Agreement
it were to be~liable in damages under this Agreement, or with
respect to this Agreement or the application thereof.
if
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 COUNTY shall not be
liable in damages to OWNER, or to any successor in interest of
OWNER, or to any other person, and OWNER covenants not to sue for
damages or claim any damages:
(a) For any breach of this Agreement or for any
cause of action which arises out of this Agreement: or
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(b) For the taking. impairment or restriction of
any right or interest conveyed or provided under or
pursuant to this Agreement; or
(c) Arising out of or connected with any dispute.
controversy or issue regarding the application or
interpretation or effect of the provisions of this
Agreement.
8.2 Specific Performance. The parties acknowledge that
money damages and remedies at law generally are inadequate and
specific performance and other non-monetary relief are
particularly appropriate remedies for the enforcement of this
Agreement and should be available to all parties for the
following reasons:
j' (a) Money damages are unavailable against COUNTY
as provided in Section 8.1 above.
(b) Due to the size. nature and scope of the
project. it may not be practical or possible to restore
the Property to its natural condition once implementation
of this Agreement has begun. After such implementation.
OWNER may be foreclosed from other choices it may have
had to utilize the Property or portions thereof. OWNER
has invested significant time and resources and performed
extensive planning and processing of the Project in
agreeing to the terms of this Agreement and will be
investing even more significant time and resources in
implementing the Project in reliance upon the terms of
this Agreement. and it is not possible to determine the
sum of money which would adequately compensate OWNER for
such efforts.
8.3 Release. Except for nondamage remedies, including
the remedy of specific performance and judicial review as
provided for in Section 6.5. OWNER. for itself. its successors
and assignees. hereby releases the COUNTy, its officers. agents
and employees from any and all claims, demands. actions. or suits
of any kind or nature arising out of any liability, known or
unknown. present or future. including. but not limited to. any
claim or liability. based or asserted, pursuant to Article I,
Section 19 of the California Constitution, the Fifth Amendment of
the United States Constitution. or any other law or ordinance
which seeks to impose any other liability or damage, whatsoever.
upon the COUNTY because it entered into this Agreement or because
of the terms of this Agreement.
8.4 Termination or Modification of A~reement for
Default of OWNER. Subject to the provisions contained in
Subsection 6.5 herein. COUNTY may terminate or modify this
Agreement for any failure of OWNER to perform any material duty
or obligation of OWNER under this Agreement. or to comply in good
faith with the terms of this Agreement (hereinafter referred to
as "default"): provided, however. COUNTY may terminate or modify
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this Agreement pursuant to this Section only after providing
written notice to OWNER of default setting forth the nature of
the default and the actions. if any. required by OWNER to cure
such default and, where the default can be cured, OWNER has
failed to take such actions and cure such default within 60 days
after the effective date of such notice or, in the event that
such default cannot be cured within such 60 day period but can be
cured within a longer time, has failed to commence the actions
necessary tocure such default within such 60 day period and to
diligently proceed to complete such actions and cure such default.
8.5 Termination of ~ureement for Default of COUNTY.
OWNER may terminate this Agreement only in the event of a default
by COUNTY in the performance of a material term of this Agreement
and only after providing written notice to COUNTY of default
setting forth the nature of the default and the actions, if any.
required by COUNTY to cure such default and, where the default
can be cured, COUNTY has failed to take such actions and cure
such default within 60 days after the effective date of such
notice or, in the event that such default cannot be cured within
such 60 day period but can be cured within a longer time, has
failed to commence the actions necessary to cure such default
within such 60 day period and to diligently proceed to complete
such actions and cure such default.
9. THIRD PARTY LITIGATION.
9.1 General Plan LitiQation. COUNTY has determined
that this Agreement is consistent with its Comprehensive General
Plan, heroin called General Plan, and that the General Plan meets
all requirements of law. OWNER has reviewed the General Plan and
concurs with COUNTY's determination. The parties acknowledge
that:
(a) Litigation is now pending challenging the
legality, validity and adequacy of certain provisions of
the General Plan: and,
(b) In the future there may be other similar "
challenges to the General Plan: and,
(c) If successful, such challenges could delay or
prevent the performance of this Agreement and the
development of the Property.
COUNTY shall have no liability in damages under
this Agreement for any failure of COUNTY 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,
at any time thereafter, the General Plan, or portions thereof,
are invalid or inadequate or not in compliance with law.
or
-Zl-
9.2 Third Party Litiaation Conremind A~reement. OWNER
shall defend, at its expense, including attorneys' fees,
indemnify, and hold harmless COUNTY. its agents. officers and
employees from any claim, action or proceeding against COUNTY.
its agents, officers, or employees to attac~, set aside, void, or
annul the approval of this Agreement or the approval of any
permit granted pursuant to this Agreement. COUNTY shall promptly
notify OWNER of any such claim, action or proceeding, and COUNTY
shall cooperate in the defense. If COUNTY fails to promptly
notify OWNER of any such claim, action or proceeding, or if
COUNTY fails to cooperate in the defense. OWNER shall not
thereafter be responsible to defend, indemnify, or hold harmless
COUNTY. COUNTY may in its discretion participate in the defense
of any such claim, action or proceeding.
9.3 Indemnity. In addition to the provisions of
above, OWNER shall indemnify and hold COUNTY, its officers,
agents, e-ployees and independent contractors free and harmless
from any ~iability whatsoever, based or asserted upon any act or
omission of OWNER, its officers, ~gents, employees,
subcontractors and independent contractors, for property damage.
bodily injury, or death (OWNER'S employees included) or any other
element of damage of any ~ind or nature, relating to or in any
way connected with or arising from the activities contemplated
hereunder, including, but not limited to, the study, design,
engineering, construction, completion, failure and conveyance of
the public improvements. save and except claims for damages
arising through the sole active negligence or sole willful
misconduct of COUNTY. OWNER shall defend, at its expense,
including attorneys' fees, COUNTY, its officers, agents,
employees and independent contractors in any legal action based
upon such alleged acts or omissions. COUNTY may in its
discretion participate in the defense of any such legal action.
9.4 Environment Assurances. OWNER shall indemnify and
hold COUNTY, its officers, agents, and employees free and
harmless from any liability, based or asserted, upon any act or
omission of OWNER, its officers, agents, employees,
subcontractors. predecessors in interest. successors. assigns and
independent contractors for any violation of any federal. state
or local law. ordinance or regulation relating to industrial
hygiene or toe, environmental conditions on. under or about the
Property. including. but not limited to. soil and groundwater
conditions. and OWNER shall defend. at its expense. including
attorneys' fees. COUNTY. its officers. agents and employees in
any action based or asserted upon any such alleged act or
omission. COUNTY may in its discretion participate in the
defense of any such action.
9.5 Reservation of Riahts. With respect to Sections
9.2.9.3 and 9.4 herein. COUNTY reserves the right to either (1)
approve the attorney(s) which OWNER selects. hires or otherwise
engages to defend COUNTY hereunder. which approval shall not be
unreasonably withheld. or (2) conduct its own defense. provided.
however. that OWNER shall reimburse COUNTY forthwith for any and
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all reasonable expenses incurred for such defense, including
attorneys' fees, upon billing and accounting therefor.
9.6 Survival. The provisions of this Sections 9.1
through 9.6, inclusive, shall survive the termination of this
Agreement.
10.
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. COUNTY acknowledges that the lenders providing such
financing may require certain Agreement interpretations and
modifications and agrees upon request, from time to time, to meet
with OWNER and representatives of such lenders to negotiate in
good faith any such request for interpretation or modification.
COUNTY will not unreasonably withhold its consent to any such
requested interpretation or modification provided such
interpretation or modification is consistent with the intent and
purposes of this Agreement. Any Mortgagee of the Property shall
be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a
breach of this Agreement shall defeat, render invalid,
diminish or impair the lien of any mortgage on the
Property made in good faith and for value, unless
otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust
encumbering the Property, or any part thereof, which
Mortgagee, has submitted a request in writing to the
COUNTY in the manner specified heroin for giving notices,
shall be entitled to receive written notification from
COUNTY of'any default by .OWNER in the performance of
OWNER's obligations under this Agreement.
(c) If COUNTY timely receives a request from a
MortiSes rOguestin~ a copy of any notice of default
give o R unde the terms of this Agreement, COUNTY
shall provide a copy of that notice to the Mortgagee
within ten (10) days of sending the notice of default to
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,
sub]ect to the terms of this Agreement. Notwithstanding
any other provision of this Agreement to the contrary, no
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Mortgagee shall have an obligation or duty under this
Agreement to perform any of OWNER,s obligations or other
affirmative covenants of 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 COUNTY .
the performance thereof shall continue to be a condition
precedent to COUNTY'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 2.4 of this Agreement.
11. MISCELLANEOUS PROVISIONS.
11.1 Recordation of Aareement. This Agreement and any
amendment er cancellation thereof shall be recorded with the
County Recorder by the Clerk of the Board Supervisors within the
period required by Section 65868.5 of the Government Code.
11.2 Entire Aareement. This Agreement sets forth and
contains the entire understanding and agreement of the parties.
and there are no oral or written representations. understandings
or ancillary covenants. undertakings or agreements which are not
contained or expressly referred to herein. No testimony or
evidence of any such representations. understandings or covenants
shall be admissible in any proceeding of any kind or nature to
interpret or determine the terms or conditions of this Agreement.
11.3 Severability. If any term. provision. covenant or
condition of this Agreement shall be determined invalid. void or
unenforceable. the remainder of this Agreement shall not be
affected thereby to the extent such remaining provisions are not
rendered impractical to perform taking into consideration the
purposes of this Agreement. Notwithstanding the foregoing. the
provision of the Public Benefits set forth in Section 4 of this
Agreement. including the payment of the fees set forth therein.
are essential elements of this Agreement and COUNTY would not
have entered into this Agreement but for such provisions. and
therefore in the event such provisions are determined to be
invalid. void or unenforceable. this entire Agreement shall be
null and void and of no force and effect whatsoever.
11.4 Interpretation and Governinu Law. This Agreement
and any dispute arising hereunder shall be governed and
interpreted in accordance with the laws of ~he State of
California. This Agreement shall be construed as a whole
according to its fair language and common meaning to achieve the
objectives and purposes of the parties hereto. and the rule of
construction to the effect that ambiguities are to be resolved
against the drafting party shall not be employed in interpreting
this Agreement. all parties having been represented by counsel in
the negotiation and preparation hereof.
-24-
11.5 Section Headings. All section headings and
subheadings are inserted for convenience only and shall not
affect any construction or interpretation of this Agreement.
11.6 Singular and Plural. As used herein. the singular
of any word i_~cludes the plural.
11.7 Joint and Several Obliaations. Zf at any time
during the term of this Agreement the Property is owned. in Whole
or in part. by more than one OWNER. all obligations of such
OWNERS under this Agreement shall be, joint and several. and the
default of any such OWNER shall be the default of all such
OWNERS. Notwithstanding the foregoing. no OWNER of a Single lot
which has been finally subdivided and sold to such OWNER as a
member of the general public or otherwise as an ultimate user
shall have any obligation under this Agreement except as provided
under ~ection 4 hereof.
11.8 Time of Essence. Time is of the essence in the
performance of the provisions of this Agreement as to which time
is an element.
11.9 Waiverl Failure by a party to insist u~3n the
strict performance of any of the provisions of this Agreement by
the other party. or the failure by a party to exercise its rights
upon the default of the other party. shall not constitute a
waiver of such party's right to insist and demand strict
compliance by the other party with the terms of this Agreement
thereafter.
11.10 No Third Party Beneficiaries. This Agreement is
made and entered into for the sole protection and benefit of the
parties and their successors and assigns. No other person shall
have any right of action based upon any provision of this
Agreement.
11.11 Force Ma~eure. Neither party shall be deemed to
be in default where failure or delay in performance of any of it~
obligations under this Agreement is caused by floods.
earthquakes. other Acts of God. fires. wars. riots or similar
hostilities. strikes and other labor difficulties beyond the
party's contr~pl. (including the party's employment force).
government regulations. court actions (such as restraining orders
or injunctions). or other causes beyond the party's control.
any such events shall occur. the term of this Agreement and the
time for performance by either party of any of its obligations
hereunder may be extended by the Written agreement of the parties
for the period of time that such events prevented such
performance. provided that the term of this Agr.eement shall not
be extended under any circumstances for more than five (5) years.
11.12 Mutual Covenants. The covenants contained herein
are mutual covenants and also constitute conditions to the
concurrent or subsequent performance by the party benefited
thereby of the covenants to be performed hereunder by such
benefited party.
11.13 Successors in Interest. The burdens of this
Agreement shall be binding upon. and the benefits of this
Agreement shall inure to. all successors in interest to the
parties to this Agreement. All provisions of this Agreement
shall be enforceable as equitable servitudes and constitute
covenants running with the land. Each covenant to do or refrain
f2om doing some act hereunder with regard to development of the
Property: (a) is for the benefit of and is a burden upon every
portion of the Property; (b) runs with the Property and each
portion thereof: and, (c) is binding upon each party and each
successor in interest during ownership of the Property or any
portion thereof.
11.14 Counterparts. This Agreement maybe executed by
the parties in counterparts, which counterparts shall be
construed together and have the same effect as if all of the
parties hag executed the same instrument.
11.15 Jurisdiction and Venue. Any action at law or in
equity arising under this Agreement or brought by an party hereto
for the purpose of enforcing, construing or determining the
validity of any provision of this Agreement shall be filed and
tried in the Superior Court of the County of Riverside, State of
California, and the parties hereto waive all provisions of law
providing for the filing. removal or change of venus to any other
Court.
11.16 Proiect as a Private Undertakinu. It is
specifically understood and agreed by and between the parties
hereto that the development of the Project is a private
development, that neither party is acting as the agent of the
other in any respect hereunder, and that each party is an
independent contracting entity with respect to the terms,
covenants and conditions contained in this Agreement. No
partnership, joint venture or other association of any Kind is
formed by this Agreement. The only relationship between COUNTY
and OWNER is that of a government entity regulating the
development of private property and the owner of such property.
11.17 FUrther Actions and Instruments. Each of the
parties shall cooperate with and provide reasonable assistance to
the other to the extent contemplated hereunder in the performance
of all obliga~Tions under this Agreement and the satisfaction of
the conditions of this Agreement. Upon the request of either
party at any time. the other party shall promptly execute. with
acKnowledgement or affidavit if reasonably required. and file or
record such required instruments and writings and take any
actions as may be reasonably necessary under the terms of this
Agreement to carry out the intent and to fulfill the provisions
of this Agreement or to evidence or consummate the transactions
contemplated by this Agreement.
11.18 Eminent Domain.
shall be construed to limit or
its power of eminent domain.
No provision of this Agreement
restrict the exercise by COUNTY of
11.19 Aqent for Service of Process. In the event OWNER
is not a resident of the State of California or it is an
association, partnership or joint venture without a member,
partner or joint yentutor resident of the State of California, or
it is a foreign corporation, then in any such event, OWNER shall
file with the Planning Director, upon its execution of this
Agreement. a ~esignation of a natural person residing in the
State of California, giving his or her name, residence and
business addresses, as its agent for the purpose of service of
process in any court action arising out of or based upon this
Agreement, and the delivery to such agent of a copy o~ any
process in any such action shall constitute valid service upon
OWNER. If for any reason service of such process upon such agent
is not feasible, then in such event OWNER may be personally
served with such process out of this County and such service
shall constitute valid service upon OWNER. OWNER is amenable to
the process so served, submits to the jurisdiction of the Court
so obtained and waives any and all objections and protests
thereto.
11.20 Authority to Execufe. The person or persons
executing this Agreement on behalf of OWNER warrants and
represents that he/they have the authority to execute this
Agreement on behalf of his/their corporation. partnership or
business entity and warrants and represents that he/they has/have
the authority to bind OWNER to the performance of its obligations
hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year set forth below.
3807LIT
9-23-88
ATTEST:
GERALD A. MALONEY
(SEAL)
COUNT OF RIVERSID
~man isors .
-Z7-
OWNER:
Dated:
DAV BAR I. a California General
Its:
Dated:
(ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC.
EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE
OFFICERS.)
-28-
COt NTY OF San Diego t ~s'
c., ~ Octob~e_r 12. 1988
',. ,.~, ,,f Davidson Co~unities. inc.
DAV BAR I
)Vi l 1 i am A. DRvidqnn known In me In be the
,i COUNTVOP San Die6o
-',' On October 19, 198__8
said Slate, personally appeared
Joseph E. Iracy and
known to me to be one of the Daflners of DAV BAR I,
a Cal~,£orn'ia General ParCuersh:Lp
s,..., .,. ~-i~ ~ ,i'~ ',x_O2~-~/~
Notary iI~ic.-Calilomma (
Dated:
/o-
STATE OF CALIFORNIA .
cou.~ o~ ~ w s,
On this the IL~'~- ~ay of
Nota~ Pu~c mn a~ fo~id~n~.and S~te. ~ally
19~ . before me the unders,gned, a
FOR NOTARY SEAL OR STAMP
(ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC.
EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE
OFFICERS.)
-29-
pOWER OF ATTORNEY
KNOW ALL ~EN BY THESE PRESENTS=
THAT JUNE R. TULL has made, constituted, and appointed, and
by these presents does ~ke, constitute, and appoint LEO E.
RORIPAUGH, of Temecula, California, her true and lawful attorney
for her and in her name, place, and stead, and for her use and
benefit in all matters pertaining to any interest she may have in
and to any and all real property located in Riverside County,
State of California.
GIVING AND GRANTING unto LEO E. RORIPAUGH, full' power and
authority to do and perform all and every act and thing
whatsoever requisite and necessary. to be done in and about the
premises, as fully to all intents and purposes as she might or
could do if personally present, and hereby ratifying and
confirming all that her said attorney, LEO R. RORIPAUGH, shall
lawfully do or cause to he done by virtue of these presents as
above stated.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the
//'/ day of October, 1988.
STATE OF ALASHA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the /¢ day of October, 1988,
before me, the undersigned Notar~ Public, in and for Alaska, duly
c~issioned and sworn as such, personally appeared JUNE R. TULL,
who is known to me and to me known to be the individual named in
and who executed the above and foregoing Power of Attorney, and
she acknowledged to me the execution thereof as her free and
voluntary act and deed for the uses and purposes therein set
forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my notaria1 seal the day and year in this certificate first above
written.
Dated: /"D' 'G'
JUNE RORIPAUGH TULL
. . ;
STATE OF CALIFORNIA
k .,f ,-, ..~ ,~. S.S.
COUNTY OF
o..,,.t~._ ~.,. ~ I . ~.~o~ '.,~ ,t ... ,9-'
the undersigned. a Notary Pubtic in and fo~ said County and State.
personally appeared '~
proved to eonth~lmsofsatislactofyevidex:e
tO De the person(s)~whose name
subscnt:~ed to the within instrijmeflt, as the Altoriley -- jn l~ct of
and acknowledged to me that ~' .-j, it~bedltqenante
principal:and ~ name"as Atton~ey
s.,..,.,._ /.h,,-.,, .,.,_ r
FOR NOTARY SEAL OR STAMP
(ALL SIGNAUTRES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC.
EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE
OFFICERS.)
-30-
Dated:
Dated:
and Mar[an E. Roripaugh 1975 Trust
19 ~J~ i~efore me me uneersagnecl. a
FOR NOTARY SEAL OR STAMP
(ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC.
EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE
OFFICERS.)
-31-
Dated:
Dated:
LEO E. RORIPAUGH and MARlAN E.
MARlAN E. ;O~PAUGH ~ ~
STATE OF CALIFOR,N~ , }
cou~n'Y OE ki~e~',5.c4C ss.
o..,,..~ ,q~._ ...o, OetoEy
19 ~ , before me the unders~gne¢ a
FOR NOTARY SEAL OR STAMP
(ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC.
EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE
OFFICERS.)
-32-
Dated:
Dated:
/~4ARIJIIN E, RORIPAUGH ..,:
before me t/e unUere,gneci. a
FOR NOTARY SEAL OR STAMP
(ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC.
EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE
OFFICERS.)
-33-
BAR-DAV. a California Partnership
Dated: ,'././~'
Dated:
By:
Its:
By:
Its:
-T XTIL OF C \i.[FORNI \
COt NTY OF San Die[o
,,, October 12, 1988
Pre~.h].nt. and n/a
--,',~lur~ .,{ Davidson Communities. Inc.
_ BAR-DAV __ . the pannership
Elzz
· abet SDeer
befnre m.. the under~igned. a Nnta~y Public in and fnr
William A. Davidson known to me to be the
COUNTYOF San Diego
o. October 19, 1988
stud State, personally atoPeared
before me, the unders~ned, a Notary Public in and for
Joseph E. Tracy and
persormliy known to me (or ~oved to me on the bes~s
sahstactory evidence to be the Dersons who executed the within instrument ~ Sefi '[ or Vt P e __
Incorporated
a California General ParEnership
.
(ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC.
EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE
OFFICERS.)
-34-
DAV-BAR II, a California General
Partnership
By:
Its:
Dated:
By:
COt NTY OF San Diego
On October 12, 1988
· bef.re me. the undersigned. a Notary. Public in and for
William A. Davidson known to me tn be the
President. and fi/a
..f Davidson Cormunities. Inc.
DAV-BAR II · parmer,hi~
COUNTY Of_ San Diego
on October 19, 1988
said State. ~rsonally a~ared
· ,
knc,wn to me to be the
tT·
Joseph E. Tracy a.d
Incorporated
a California General Partnership
OFFICIAL SEAL
PATRICIA L. 8EVIL
Nota~i Fubt:c-Califom992j
SAN DIEGO COUNTY
Carom. E~. Mar )l 1
(Thai area for official noterill seaB
(ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC.
EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE
OFFICERS.)
-35-
evelopment Agreement No. 3
EXHIBIT A - Page 1 of 12
LEGAL DESCRIPTION OF THE PROPERTY
THE LAND REFERRED TO BELOW
UNINCORPORATED AREA OF THE COUNTY
CALIFORNIA A~D IS DESCRIBED AS FOLLOWS:
IS SITUATED IN THE
OF RIVERSIDE, STATE OF
PARCEL 1:
ALL THOSE PORTIONS OF LOTS 163, 164, 165, 166, 181, 182, 183 AND
184, APRICOT STREET, BANANA STREET, HAMILTON AV~qUE, JOHN JAY
AVENUE AND HANCOCK AVENUE AN SHOWN ON MAP OF THE TI34~CULA ldUqD
AND WATER COMPANY ON FILE IN BOOK 8 PAGE 359 OF MAPS, RECORDS OF
SAN DIEGO COUNTY, CALIFOHNIA, DEDCR~BED AS FOLLOWS:
BEGINNING AT THE XNTERSECTION OF ~ CENTERLINK OF BAlD HAMILTON
AVENUE WITH THE EASTERLY LINK OF THAT CERTAIN PARCEL OF LAND
COKVEYED~TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JULY
1947 IN BOOK 842 PAGE 288 OF NAPS, RECORDS OF RIVERSIDE COUh'rY,
CALIFORNIA;
THENCE BOUTW 42 DEGREES 05* 29" BAST, ALONG BAlD CENTEALINK OF
HAMILTON AVENUE, A DZSTRNCB OF 262..22. FF.n TO TU HOST WESTERLY
CORNER OF THAT PORTION OF BAlD LOT 2.84 CONVEYED TO LEO
E. RORIPAUGH, ET AL, BY DEED FILED FOR RECORD DICEMEEK 27, 1945.
AS INSTRUH~fT NO. 3005, OF OFFICIAL ZRDS OF RIVERSIDE COUNTY,
CALIFORNIA:
THENCE SOrtS 76 DEGREES 2.8' 29w BAST, (FORMERLY RECORDED SOUTH 76
DEGREES 26' F.R~T) ALONG THI NORT!!EABTERLY LIIfit OF BAlD PARCEL
CONVEYED TO LEO B. RORIPAUU!!, ET AL, A DIETANG~e OF 317.10 FEET;
THENCE SOtFFH 51 DEGREES 56' 20w FAST, (FORHEM. TaY WECOEDED BOU'rH 52
DEGREES 07' EAST) ALONG ~ NORIl~EABTEPJ, Y LINK OF BAlD PANCEL
CONVEYED TO LEO B. RORIPAUGH, ET AL, i DISTANCE OF 9&5.26 FEET
(FORH~RLY RECORDED 943.7 FKET) TO THE MOST BAB'L~RLY CORNER OF
BAlD PARCEL CONVEYED TO LEO RORIPAUGR, ET AL; BAlD CX)RHER ALB0
BEING ~q(E HOST NOR~RI~LY CORNER OF TIL&T PORTION OF BJLID LOT 183
CONV~x'Z~) TO LEO B. IU3RIPAUGH, ET AL, BY DKKD FILED FOR RECORD
DECHEN 27, 1945 AS INBTRtB4Dr~ NO. 3004 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA;
THENCE SOUTH 68 DEGREES 58' 04w rdtBT, (FORN~RLY RECORDED BOUT~ 69
DEGNKES 28' 25w F~T) ALONG ~ HORTHF, AST~RLY LZHE OF BBkID IlLST
HENTIONED PARCEL CObvExx- TO LBOB. RORIPAUGH, ET AL, A DISTANCE
OF 1,411.97 FEET TO ~ NOST EASTERLY CORNER OF BAlD PARCEL, SAID
CORHER BEING ON ~ C~FERLIBI OF BAlD APRICOT
THENCE SOUTH 4J D~GRZES 54' 44" WEST, AZ, ONO ~ CZlfrZRLZNZ OF
BAlD APRICOT BTRF. ZT, · DISTANCE OF 4,570.08 ~ TO T~E MOST
BASTESLY COP. NER OF FILET CZHTAIN PARCEL OF IdL!4D CONVEYED TO a. B.
SHAHEL BY DEED FILED FOR RECORD B~PTEMBEN 7, 1960 AB INSTRUMENT
NO. 78468 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CJLT, ZFORNIA;
Page 2 of 12
THENCE NORTH 41 DEGREES 57 ' 46", ( FORMERLy RECORDED NORTH 42
DEGREES 31' 05" WEST) ALONG THE NORTHEASTERLY LINE OF SAID PARCEL
CONVEYED TO O. B. SHAME1,, A DISTANCE OF 1,439.23 FEET (FORMERLY
RECORDED 1 , 431 . 71 FEET ) TO THE MOST NORTHERLY CORNER OF SAID
PARCEL, SAID CORNER BEING ON THE SOUTHEASTERLY LINE OF THE
WINCHESTER- TEMECULA ROAD AS CONVEYED TO THE COUNTY OF RIVERSIDE
BY DEED RECORDED APRIL 23, 1930 IN BOOK 722 PAGE 561 OF DEEDS
RECORDS OF RIVERSIDE COtYNTY, CALIFORNIA;
THENCE NORTH 35 DEGREES 07' 11' EAST, (FORMERLY RECORDED NORTH 34
DEGREES 34' 55' EAST) ALONG SAID SOUTHEASTERLY LINE, A DISTANCE
OF 489.60 FEET TO THE MOST WESTERLY CORNER 01r THAT CERTAIN PARCEL
OF LAND CONVEYED TO JOHN E, RORIPAUGH BY DEED FILED FOR RECORD
MAY 2, 1963 AS INSTRUMENT NO. 45246, OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA;
THENCE SOUTH 41 DEGREES 57* 46w EAST, (FORMERLY RECORDED SOUTH 42
DEGREES 31' 05' EAST) A DISTARa OF 1,089.00 FEET;
THENCE NORTK 35 DEGREES 07* ll' EAST, (FORMERLY RECORDED NORTH 34
DEGREES 34* 55" EAST) A DISTANCE OF 205.18 FEET;
THENCE NORTH 41 DEGREES 57e 46w WEST, (FORMERLY RECORDED NORTH 42
DEGREES 31 ' 05 ' WEST ) A DISTANCE 01r 1,089.00 IrEET TO SAID
SOUTHEASTERLY LINE OF WINCHESTES-TEMECULA ROAD;
THE PROCEEDING THREE (3) COURSES ARE ALONG TIlE BOUNDARY LINE OF
SAID PARCEL CONVEYED TO JOHN E. RORIPAUGH;
THENCE NORTH 35 DEGREES 07' ll" EAST, (FORMEALY RECORDED NORTH 34
DEGREES 34' 55w EAST) A DISTANCE OF 166.74 IrEET~
THENCE NORTHEASTERLY ON A CURVE CONCAVE TO TH~ SOUTHEAST HAVING a
RADIUS OF 925.37 FEET, THROUGH AN ANGLE OF II DEGREES 37' 00w, AN
ARC LENGTH OF 187.62
THENCE NORTH 46 DEGREES 44' 3.1w EAST, (FORMERLY leECORDED NORTH 46
DEGREES '!1' SS' BAST) A DISTARCE OF 529.48
THENCE NORTHEASTERLY ON A CURVE CONCAVE TO TIlE NORTHWEST HAVING A
RADIUS OF 530.50 FEET, THROUGH AN ANGLE OF 34 DEGREES 32* 30', AN
ARC LHNGTH OF 3'19.82 PEET~
THENCE NORTH 12 DEGREES '11' 41" EAST, (FORMERLY RE'.CORDED NORTH
DEGREES 39' 25' BAST) A DISTARa OF 504.67 FEET TO TllK CENTERLINE
OF SAID JOHN JAY AVENUE, BAlD CENTER.LINE ALSO BEING THE SOUTHERLY
LINE OF SAID PARCEL CONVEYED TO TIlE COUNTY OF RIVERSIDE BY DEED
RECORDED JULY '15, '1947 IN BOOK 842 PAGE 288 OF MAPS, RECORDS OF
RIVERSIDE COUHTY, CALIFORNIA:
THENCE SOUTH 41 DEGREES 52' 39 EAST, ALONG SRID SOUTRERLY LINE,
A DISTANCE Or S.67 FEET TO THE MOST SOUTHERLY COHNES Ole SAID
PARCEL;
THENCE NORTH '1~..DEGREE~ 33' 33.' BAST, (FORMERLY NECORDES NORTH '13
DEGREES 0'1' ISw BAST) ALONG T!!E EASTERLY LINE OF SAID PARCEL, A
DISTANCE OF '1,596,82 FEET (PORNER/,Y RECOEDEG '1,597.25 FEET) TO
THE POINT OIP BEOZN'NING;
EXCEPTING T!!EREFEOM THAT PORTION LYING NORTwv-wJ-Y OP TH~ SOUTHERLY
LINE OF NICOLAS ROAD AS CONVEYED TO THE COUNTY OP RIVERSIDE BY
DEED RECORDED APRIL 23, '1979 AS INSTRUMENT NO. 80861 AND
RE-RECORDED HAY 7, '1979 AS INSTRUMENT NO. 9267'1 BOTH OF OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
Page 3 of 12
ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHXN TRACT 20703-2,
AS SHOWN BY MAP ON FILE IN BOOK 185 PAGES 37 THROUGH 44,
INCLUSIVE, OF RAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN TRACT 20703-3,
AS SHOWN BY MAP ON FILE IN BOOK 186 PAGES 20 THROUGH 28,
INCLUSIVE, OF M~PS, RECORDS OF RIVERSXDE COUNTY, CALIFORNXA.
PARCEL 2:
BEING A PORTION OF
DESCRIBED IN A DEED
NO. 91390 OF OFFICIAL
THAT PORTION OF THE TEMECULA RANCHO AS
RECORDED SEPTEMBER 16, 1970 AS INSTRUMENT
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
ALSO BEING A PORTION OF THAT PORTION OF THE TEMECULA SANCHO AS
DESCRIBED AS PARCEL 3 IN A DEED RECORDED MAY 29, 1969 AS
INSTRUMENT NO. 53291 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AR FOLLOWS:
BEGINNING AT THE MOST NORTHWESTERLY CORNER OF TRACT HAP NO. 3883
ON FILE IN BOOK 63 PAGES I THROUGH 35 OF MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, SAID POINT BEING ON THE
PROLONGATION LXNE OF TRACT MAP 3334 BAlD LINE BEING COMMON WITIt
THE LINE BETWEEN NURRIRTA AND TENECULA PORTIONS OF THE TEHECULA
RANClIO AS SHOWN ON SAIDTRACT MAP NO, 3883;
THENCE NORTHEASTERLY ALONG SAID RANCRO LINE NORTH 44 DEGREES S6'
04e EAST 690,51 FEET TO A CURVED PORTION OF THE CEHTERLINE OF
NICOLAS ROAD AS SHONN ON COUNTY OF RIVERSIDE MAP NO, 854-F, SAID
CURVE BEING NON-TANGENT WITH SAID RANCRO LINE, SAID POINT RAVING
A RADIAL BEARING OF NORTH 02 DEGREES 52' 11w WEST SAID CURVE
BEING CONCAVE TO THE NORTHERLY WITH A RADIUS OF 1200,00 FEET7
THENCE NORTHEASTERLY 111,42 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF S DEGREES 19' 13w TO THE TRUE POINT OF
BEGINNING;
THENCE IN A RADIAL DIRECTION OF SOUTH 8 DEGREES 11' 24' EAST
85,00 FEET TO THE SOUTg~LY RIGHT OF WAY LINE OF BAlD NICOLA2
ROAD;
THENCE SOUTH 40 DEGREES 32' 03' WEST 33,24 FEET;
THENCE SOUTH 5 DEGREES 43' 24w EAST 181.55 FEET TO A TARGEnT
CURVE BEING CONCAVE TO TH~ NORTHELSTE!tLY WITH A RADIUS OF 100,00
FEET;
THENCE SOUTHEASTERLY ALONG BAlD CURVE 26,20 FEET THROUGH A
CENTRAL ARGLEOF 15 DEGREES 00' 38" TO A TANGENT LINE;
THENCE SOUTHEASTERLY ALONG SAID TANGENT LINE BOOTH 20 DEGREES 44'
02' EAST S0,00 FEET TO THE BEGINNING OF A CURVE BEING CONCAVE TO
THE SOUTHWESTERLy WITHA RADIUS OF 48,00 FEET;
THENCE SOUTHWESTERLY 63,76 FEET ALONG SAID CURVE SOUGH A
CENTRAL ANGLE OF 76 DEGREES 06'
THENCE LEAVING SAID CURVE IN A SOUTHEASTE!tLY DIRECTION SOUTH 2
DEGREES 10' 13w EAST 131,15 FEET TO THE MOST NORTHERLY CORNER OF
LOT 33 OF SAID TRACT 3883 SAID POIETKLSO BEING AN ANGLE POINT
THE BOONDARY OF SAID TRACT 3883;
Page 4 of 12
ALSO EXCEPTING THEREFROM A~TY PORTION LYING WXTHXN SAID LOT 181;
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 166 DESCRIBED
AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 166, SAID POINT
BEING THE CENTERLINE INTERSECTION OF BANANA STREET AND JOHN JAY
AVENUE AS SHOWN ON SAID MAP OF THE TEMECULA LAND AND HATER
COMPiI, NY:
THENCE NORTHWESTERLY ALONG SAID CENTERLINE NORTH 41 DEGREES 55'
58" WEST, 139.03 FEET TO THE TRUE POINT OF BEGINNING;
THENCE 8OOTH 51 DEGREES 04' 52" WEST, 336.83 FEET;
THENCE NORTH 77 DEGREES 47' 46w WEST, 120.00 FEET TO THE WESTERLY
LINE OF SAID DEED RECORDED JANUARY 22, 1975 AS INSTRUMENT
NO. 81619 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
SAID LINE ALSO BEING CONNON WITH THE 80UTHEASTERLY LINE OF THE
WINCHESTER-~
TENECULA ROAD AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED
RECORDED APRIL 23, 1930 XN BOOK 722 PAGE 561 OF DEEDS, lIECORDS OF
RIVERSIDE COUNTY, CALIFORNIA;
THENCE NORTHEASTERLY, ALONG SAID LINE NORTH 12 DEGREES 12' 14w
EAST, 501.78 FEET TO THE CENTE]U, XRE OF SAID JOPD4 JaY AVENUE;
THENCE SOUTHEASTErLY ALONG 8aID CENTERLINE OF JOHN JaY aVENUE
SOUTH 41 DEGREES 55' 58" EAST, 408.94 FEET TO TB~ TRUE POINT OF
BEGINNING;
ALSO EXCEPTING THEREFROM THAT PORTION OF 8AID LOT 182 DESCRIBED
AS FOLLOWS:
BEGINNING AT THE MOST 80UTHERLY CORNER OF SAID LOT 181, SAID
POINT BEING THECENTERLIWE INTERSECTION OF BANANA STREET aND JOHN
JAY AVENUE, aS SHOWN ON SAID MaP OF THE TEMECU/,a LaND aLtTD WATER
CONPiMP/Y;
THENCE .NORTHEASTERLY ALONG THE 8AID CENTERLINE OF BIdlAMA STREET
NORTH 48 DEGREES 16~ 44w EAST, 272.01 FEET TO ~ TRUE POINT OF
BEGINNING;
THENCE CONTINUING ALONG BAlD CENTERLXWEOFBaNANASTREETNORTH48
DEGREES 16' 44" EAST, 423.79 FEET TO THE CENTERLINE OF NIC3iOIdLS
ROAD AS SHONN ON COUNTY OF RIVERSIDE MAY NO. 854-F;
THENCE 80UTHEASTERLYALONG 8AIDCZNTEHLZNE OF NXCROIdL8 ROAD SOUTH
73 DEGREES 34~ 01" EAST 93.79 FEET;
THENCE SOUTH 16 DEGREES 25~ 59" WEST, 360.00 FEET;
THENCE NORTH 99 DEGRRE8 34' 01' WEST, 317.40 FEET TO THE TRUE
POINT OF BEGINNING;
ALSO EXCEPTING THEREFROM THAT PORTION TNEREOF LYING WXTHIN TRACT
20703-1 AS SHOWN BY MAP ON FILE IN BOOK 177 PAGES 72 THROUGH 76
INCLUSIVE, OF MAPS, WECORD8 OF RIVERSXDECOUNTY, CALIFORNIA;
Page 5 of 12
THENCE SOUTHEASTERLY ALONG SAID TRACT BOUNDARY SOUTH 12 DEGREES
18' 23" EAST 512.54 FEET TO THE CENTERLINE OF NORTH GENERAL
KEAENEY AS DESCRIBED ZN SAID INSTRUMENT NO. 53291:
THENCE NORTHEASTERLY ALONG SAID CENTERLINE NORTH 47 DEGREES
28'* ZEST 156.22 FEET TO THE BEGINNING OF A TANGENT CURVE BEING
CONCAVE TO THE NORTHWESTERLY HAVING A RADIUS OF 1200.00 FEET:
THENCE NORTHEASTERLY 890.92 FEET ALONG BAlD CURVE THROUGH A
CENTRAL ANGLE OF 42 DEGREES 32v 24" TO THE MOST SOUTHERLY CORNER
OF SAID INSTRUMENT NO. 91390;
THENCE NORTH 5 DEGREES 27* 04" EAST 306.46 FEET TO THE CENTERLINE
INTERSECTION OF SAID NORTH GENERAL KEARNEY AND SAID NICOLAS ROAD;
THENCE SOUTHWESTERLY ALONG SAID' CENTERLINE OF NICOLAS ROAD SOUTH
75 DEGREES 12' 17" WEST 543.81 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE TO THE NORTH WITH A RADIUS 'OF 1200.00 FEET;
THENCE SOUTHWESTERLY 138.34 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 6 DEGREES 36 * 19" TO THE TRUE POINT OF
BEGINNING.
SAID LEGAL DESCRIPTION IS IN COMPLIANCE WITH LOT LINE ADJUSTMENT
NO. 2534 APPROVEG BY THS CIT~ OF RIVERBIDS PLANNING DEPARTMENT ON
~ULY 31, 1987.
PARCEL 3:
THAT PORTION OF RANClIO TDfECULA am SHOWN BY MAP ON FILE IN BOOK X
PAGE 37 OF PATENTS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHEASTERLY PROLONGATION OF THE
NORTHWESTERLY LINE OF TRACT NO. 3334 AS SHOWN BY MAP ON FILE IN
BOOR 54 PAGES 25 TO 30, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, DISTANT TiI~R~ON NORTH 44 DEGREES 54' 44'
ZEST, 2922.78 FEET:
THENCE SOUTH 68 DEGREES 19' 22w EAST, 89.24 FEET TO THE BEGINNING
OF A TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF
1200.00 FEET;
THENCE EASTERLY ALONG SAID CURVK 340.15 FEET THROUGH a CENTRAL
ANGLE OF 10 DEGREES 14e
THENCE CONTINUING BASTEIU. Y ALONG HAID CURVE 424.32 FEET Ti!It0UGH k
CENTRAL ANGLE OF 20 DEGREES 15'
THENCE TANGENT TO SAID CURVE NORTH 75 DRGREES 10*' 35w BA~T
2091.62 FEET:
THENCE 80UTH Jmj DEGREES 10' 38" WEST, 1706.86 FEET TO THE "TRUE
POINT OF BEGZNNINGw:
THENCE CONTINUING 80UTH 75 DEGREES 10' 38w WEST, 384.77 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTH HAVING A
RADZUS OF 1200.00 lqlT:
THENCE 80UTHWESTERLY ALONG SAID CIJRVse 764.47 FRET THROUGH A
CENTRAL ANGLE OF 36 DEGNEES 30' 03":
Page 6 of 12
THENCE TANGENT TO SAID CURVE NORTH 68 DEGREES 19' 22" WEST, 89.24
FEET TO THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE
OF BAlD TRACT NO. 3334;
THENCE ALONG SAID PROLONGED LINE SOUTH 44 DEGREES 54' 44' WEST,
1210.54 FEET;
THENCE SOUTH 50 DEGREES 10* 25w EAST,
THENCE SOUTH 80 DEGREES 13' 48w EAST,
THENCE NORTH.12 DEGREES 20' 00w WEST,
THENCE NORTH 77 DEGREES 40e 00~ EAST,
THENCE SOUTH 12 DEGREES 20' 00w EAST,
THENCE NORTH 47 DEGREES 59' 53w
179.54 FEET;
342.48 FEET;
120.00 FEET;
168.00 FEET;
512.80 FEET;
BEST, 155,60 FEET
TO THE
A
BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING
RADIUS OF 1200.00 FEET7
THENCE NORTHEASTERLY ALONG 8AID CURVE 73.77 FEET THROUGH A
CENTRAL ANGLE OF 3 DEGREES 31' 2lw;
THENCE SOUTH 58 DEGREES 31' 18' FAST, 270,35 FEET;
THENCE NORTI~. 82 DEGREES 0K' 19' EAST, 266.58 FEET;
THENCE NORTH 45 DEGREES 34' 21" EAST, 778.56 FEET;
THENCE SOUTH 83 DEGREES 17' 25w EAST, 342.34 FEET TOA LINeN HIGH
BEARS SOUTH X4 DF. GNEES 49' 25" BAST FROM THE wTRUK POINT OF
BEGINNING";
THENCE NORTH 14 DEGREES 49' 25w WEST, 871.85 FEET TO THE wTRUE
POINT OF BEGIHNING';
EXCEPTING THEREFROM THAT PORTION DESCRIBED am FOLLOWS:
BEGINNING AT THE MOST NORTRWESTERLY CORNER OF TRACT MAP NO. 3883
AS SHOWN BY MAP ON FILE IN BOOK 63 PAGES THROUGH 35 OF MAPS,
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT BEING ON THE
PROLONGATION LINE OF TRACT MAP NO. 3334 SAID LINE BEING COrQION
WITH THE LINE BETWEEN MURRIETA AND TENECULA PORTIONS OF THE
TEMECULA RANClIO AS SHOWN ON SAID TRACT MAP NO. 3883;
THENCE NORTHEASTERLY ALONG SAID RANClIO LINK NORTH 44 DEGREES 56'
04" EAST, 690.51 FEET TO A CURVED PORTION OF THE CENTERLINE OF
NXCOLAS ROAD AS SHOWN ON COUNTY OF RIVERSIDE MAP NO. 854-F, BAlD
RANCHO LINE, BAlD POINT HAVING A RADIAL BEARING OF NORTH 02
DEGREES 52* ll' WEST, SAID CURVE BEING CONCAVE TO THE NORTHERLY
WITH A RADIUS OF 1200.00 FEET, ALSO BEING TIll TRUE POINT OF
BEGINNING;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH I CENTRAL ANGLE OF
5 DEGREES 19' 13w, 111.42 FEET;
THENCE IN a RADIAL DIRECTION OF SOUTH 8 DEGREES 11' 24' WEST,
55.00 FEET TOadfifE SOtrrga~tLY RIGHT OF NAY LINE OF SAID NICOLAS
ROAD;
THENCE SOUTH 40 DEGREES 32' 03w WEST, 33.24 FEET;
THENCE SOUTH S DEGREES 43* 24w EAST, 181.55 FEET TO A TANGENT
CURVE BEING CONCAVE TO THE NORTHEASTERLY WITH a RADIUS OF 100.00
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH i C!~rrRAL ANGLE OF
15 DEGREES 00' 38w, 26.20 FEET TO A TANGENT LINE;
Page 7 of 12
THENCE SOUTHEASTERLY ALONG SAID TANGENT LINE SOUTH 20 DEGREES 44'
02' EAST, 50.00 FEET TO THE BEGINNING OF A CURVE BEING CONCAVE TO
THE SOUTHWESTERLY WITH A RADIUS OF 48,00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
76 DEGREES 06' 22", 63.76 FEET;
THENCE LEAVING ~AID CURVE IN A SOUTHEASTERLY DIRECTION SOUTH 2
DEGREES 10' 13" EAST, 131.15 FEET TO THE MOST NORTHERLY CORNEA OF
LOT 33 OF SAID TRACT 3883; BAlD POINT ALSO BEING AN ANGLE POINT
IN THE BOUNDARY OF SAID TRACT 38837
THENCE SOUTHEASTERLY ALONG SAID TRACT BOUNDARY SOUTH 12 DEGREES
18' 23e EAST, 512,54 FEET TO CEHTERLINB OF NORTH GENERAL KEARNEY
AS DESCRIBED IN SAID INSTRUMENT NO. 53291 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA;
THENCE NORTHEASTERLY ALONG SAID CENTERLINE NORTH 47 DEGREES 59'
28" EAST, 155.22 FEET TO ~ BEGINNING OF A TANGENT CURVE BEING
CONCAVE TO THE NORTHWESTERLY HAVING A RADIUS OF 1200,00 FEET;
THENCE NORTHEASTERLY ALONG BAlD CURVE THROUGH A C~4TRAL ANGLE OF
42 DEGREES 32* 24w, 890.92 FEET TO THE MOST SOUTHERLY CORNER OF
SAID INSTRUMENT NO. 91390 OF OFFICIAL RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, OF A PARCEL OF LAND DESCRIBED IN DEED
RECORDED SEPTEMBER 16, 1970 AS INSTRUMENT NO. 91390 OF OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE NORTHWESTERLY ALONG THE BOOTHWESTERLY BOUNDARY LINE OF'
SAID PARCEL RECORDED AS INSTRUMENT NO. 91390 OF OFFICIAL RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA; NORTR 65 DEGREES 42' 28w WEST,
658.63 FELT TO SAID RANCHO LINE;
THENCE SOUTHWESTERLY ALONG SAID RANCHO LINE SOUTH 44 DEGREES 56'
04" WEST, 202.06 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPTING THEREFROM THAT PORTION DESCRIBE AS FOLLOWS:"
BEGINNING AT A POINT IN THE NORTHEASTERLY PROLONGATION OF THE
NORTHWESTERLY LINE OF TRACT NO, 3334, AS SHOWN BY NAP ON FILE IN
BOOK 54 PAGES 25 TO 30, INCLUSIVE, OF MAPS, RECORD8 OF RIVERSIDE
COUNTY, CALIFORNIA, DISTANT THEREON NORTH 44 DEGNESH
EAST, 2922.78 FEET TO TH~ TRUE POINT OF BEGI]fNING;
THENCE SOUTH 68 DEGREES 19' 22" EAST, 89.24 FEET TO T~E BEGINSING
OF A TANGENT CURVE CONCAVE TO ~ NORTH, HAVING A RADIUS OF
1200.00 FEET, DELTA 16 DEGREES 14' 28w LENGTH OF 340.15 FEET:
THENCE SOUTH 5 DEGNESH 26' Z0w EAST, 385.37 FEET:
THENCE NORTH 65 DEGREES 43' 19" WEST, 658.77 FEET;
THENCE NORTH 4d DEGREES 54' 44w EAST, 318.00 FEET TO THE TRUE
POINT OF BEGINNING:
ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL MAP
5732, AS SHOWN BY HAP ON FILE IN BOOK 13 PAGE 85 OF PARCEL MAPS,
RECORDS OF RIVERSIDE COL~FrY, CALIFORNIA;
ALSO EXCEPTING THEREFROM THAT POETION LYING WITHIN NICHOLAS ROAD
AS CONVEYER TO THE COUNTY OF RIVERSIDE BY DEED RECORDED APRIL 23,
1979 AS INSTRUMENT NO. 80861 AND RE-RECORDED MAY 7, 1979 AS
INSTRUMENT NO. 92671 BOTH OF OFFICIAL RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA;
Page 8 of 12
ALSO EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN TRACT
20703-1 AS SHOWN BY NAP ON FILE IN BOOK 177 PAGES 72 THROUGH 76
INCLUSIVE OF NAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
SAID LEGAL DESCRIPTION IS IN COMPLIANCE WITH LOT LINE ADJUSTMENT
NO. 2429, AS DISCLOSED BY CRIG~r DEED RECORDED OANUARY 16, 1987 AS
INSTRUMENT NOj 13075 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL 4:
ALL THOSE PORTIONS OF LOTS 181, 182, 183 AND 184, APRICOT AVENUE,
BANANA STREET, AND MJLMILTON AVX~IUE, OF ~ T~w, ECL~,A LAND AND
WATER COMPANY, AS SHOWN BY NAP ON FILE IN BOOK 8 PAGE 359 OF
MAPS, RECORDS OF BAN DIEGO COtJNTY, CALIFORNIA LYING NORTHERLY OF
THE NORTHERLY LINE OF NICOLAS ROAD, AS CONVEYED TO THE COUNTY OF
RIVERSIDE BY DOCUMENT RECORDED APRIL 23, 1979 AS INSTRUMENT
NO. 80861 AND RE-RECORDED NAY 7, 1979 AS XNSTHtlMENT NO. 92671
BOTH OF OFFICIAL RECORDS 0FRIVERSIDEC0UNTY, CALIFORNIA;
EXCEPTING THEREFROM THAT PORTION THEREOF LYING NORTHERLY OF THE
FOLLOWING DESCRIBED LINE:
BEGIKNING AT THE INTERSECTION OF THE CENTERLIN~ OF BAlD HAMILTON
AVENUE WITH THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND
CONVEYED TO THE COUNTY OF RIVERSIDB BY DEED NECORDRD JULY 1S,
1947 IN BOOK 842 PAGE 288 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA;
THENCE SOUTH 42 DEGREES 05' 29" EAST, ALONG SAID CENTERLINE OF
HAMILTON AVENUE, A DISTANCE OF 261.21 FEET TO THE HOST WESTERLY
CORNER OF THAT PORTION OF SAID LOT 184 CONVEYED TO LEO
E. RORIPAUGH, ET AL, BY DEED FILED FOR RECORD DECEMBER 27, 1945
AS INSTRUMENT NO. 3005, OF OFFXCTmT' RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA;
THENCE SOUTH 76 DEGREES 18' 29" EAST, (FORMERLY RECORDED SOUTH 76
DEGREES 26' EAST) ALONG THE NORTHEASTERLY LINE OF SAID PARCEL
CONVEYED TO LEO E. RORIPAUGH, ET ST., a DISTANCE OF 317.10 FEET;
THENCE SOUTH.S1 DEGREES 56' 20w EAST, (FORMERLY RECORDED SOUTH 52
DEGREES 07' EAST) ALONG THE NORTHEASTERLY LINE OF 8AID PARCEL
CONVEYED TO LEO E. RORIPAUGH, ET AL, a DISTANCE OF 945.26 FEET
(FORMERLY RECORDED 943.7 FEET) TO THE HOST EASTERLY CORNER OF
SAID PARCEL CONVEYED TO LED RORIPAUGH, ET mY.; 8AID CORNER ALSO
BEING THE MOBT NORTHERLY CORNER OF THAT PORTION OF BAlD LOT 183
CONVEYED TO LEO E. RORIPAUGH, ET AL, BY DEED FXLED FOR RECORD
DECEMBER 27, 1945 AS INSTRUMENT NO. 3004, OF OFFICIAL NECORD8 OF
RIVERSIDE COUH'rY, CALIFORNIA;
THENCE SOUTH 68 DEGREES 58' 04w EAST, (FORMERLY RECORDED BOUTH 69
DEGREES 28' 25w BAST) ALONG THE NORTHEASTERLY LINE OF SAID LaST
MENTIONED PARCEL CONV~'YED TO LEO E. RORIPAUGH, ET aL, a DISTANCE
OF 1,411.97 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL, SAXD
CORNER BEING ON THE CENTERLINE OF SAIDAPRICOT STREET.
Page 9 of 12
PARCEL 5:
THOSE PORTIONS OF LOTS 181, 182 AND JOHN JAY AVENUE, OF THE
TENECULA LAND AND WATER COMPAMY, AS SHOWN BY MAP ON FILE IN BOOK
8 PAGE 359 OF MAPS, RECORDS OF SAN DIEGO COtgrX'Y, CALIFOHNZA,
DESCRIBEDAD FOLLOWS:
THaT PORTION.OF LOT 181 LYING SOUTHERLY OF THE SOUTHERLY LIN~ OF
NICOLAS ROAD, AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DOCI/NZNT
RECORDED APRIL 23, 1979 AD INSTRt~!ENT NO. 80861 AND RECORDED MAY
7, 1979 AD INSTRUMENT NO. 92671, BOTH OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, AND TIiAT PORTION OF LOT 182
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF BAlD LOT 181, SAID
POINT BEING THE CENTERLINE INTERSECTION 0FBANANA STREET AND JOHN
JAY AVENUE, AD SHOWN ON SAID MAP OF THE TEMECULA LAND AND WATER
COMPANY;~
THENCE NORTHEASTERLY ALONG THE SAID CENTERLINE OF BANANA STREET
NORTH 48 DEGREES 16' 44' EAST 272.01 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID CENTERLINE OF BANANA STREET NORTH 48
DEGREES 16' 44w EAST 423.79 FEET TO THE CENTERLINE OF NICHOLAS
ROAD AS SHOWN ON COUNTY OF RIVEItSIDE MAP N0. 854-F;
THENCE SOUTHEASTERLy ALONG SAID CENTERLINE OF NIC0LAS ROAD SOUTH
73 DEGREES 34' 01w BEST 93.79 FEET;
THENCE SOUTH 16 DEGREES 25* 59w WEST 360.00 FEET;
THENCE NORTH 73 DEGREES 34' 01w WEST 317.40 FEET TO THE TRUE
POINT OF BEGINNING;
EXCEPT THEREFROM TEaT PORTION OF SAID LOT 181' BEING MORE
PARTICULMtLy DESCRIBEDAD FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 181, BAlD
POINT BEING THE CENTERLINE INTERSECTION OF BANANA STREET AND JOHN
JAY AVENUE AD SHOWN ON SAID MAP OF THE TEMBCIJLA LAND AND WATER
COMPAMY;
THENCE NORTHWESTERLy ALONG SAID CENTERLINE OF JOJD4' JAY A~
NORTH 41 DEGREES 55' 58" WEST 139.03 FEET;
THENCE NORTH 51 Dr, GNEEB 04~ 52w EAST 192.23 FEET:
THENCE 80UTH 73 DEGREES 34e 01" EAST 152,60 FEET TO THE
CENTERLINE OF BAlD BANANA STREET;
THENCE 80UTHWr~TERLYALONG 8AIDC~4TERLINEOFBANANA 8TRF, ET BOUTIS
48 DEGREES 16' 44" WEST 272,01 FEET TO T!!K POINT OF BEGINNING.
Page 10 of 12
PARCEL 6:
THAT PORTION OF LOT 166 aND JOHN JAY AVENUE, OF THE TEMECULA LAND
AND WATER COMPANY aS SHOWN BY HAP ON FILE IN BOOK 8 PAGE 359 OF
MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF BAlD LOT 166, SAID POINT
BEING THE CENTERLINE
AVENUE AS SHOWN ON
COMPANY;
THENCE NORTHWESTERLY
NORTH 41 DEGREES
BEGINNING;
INTERSECTION OF BANANA STREET AND JOHN OAY
SAID HAP OF THE TEMECULA LAND AND WATER
ALONG SaID CENTERLaNE OF JOHN aAY AVENUE
58" WEST 139.03 FEET TO THE TRUE POINT OF
THENCE SOUTH 51 DEGR£ES 04e 52" WEST 336.83 FEET:
THENCE NORTH 77 DEGREES 47' 46w WEST 120.00 FEET TO THE WESTERLY
LINE OF SAID DEED RECORDED JAMUARY 22, 1975 AS INSTRUMENT.
NO. 8169 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,
SAID-LaNE ALSO BEING COJe40N WITH THE 80UTHEASTERLY LINE OF THE
WINCHESTER-TEMECULA ROAD AS CONVEYED TO THE COUNTY OF RIVERSIDE
BY DEED RECORDED aPRIL 23, 1930 IN BOOK 722 PAGE 561 OF DEED,
RECORDS OF RIVENSIDE COUNTY, CALIFORNIA;
THENCE NORTHEASTERLY ALONG SAID LINE NORTH 12 DEGREES 12'
EAST 501.78 FEET TO THE CENTERLINE OF SaID JOHN JAY AVENUE;
THENCE SOUTHEASTERLY ALONG SaID CENTERLINE OF JOHN JAY AV~JE
SOUTH 41 DEGREES 55' 58w EaST 408.94 FEET TO THE THUS POINT OF
BEGINNING.
PARCEL 7:
THAT PORTION OF RANClIO TEMECULA IN THE COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, AS SHOWN BY MaP ON FILE IN BOOK I PaGE 37 OF
PATENTS, RECORDS OF SAN DIEGO COt~/TY, CALIFORNIA, DESCRIBED aS
FOLLOWS:
BEGINNING AT I POINT IN THE NORTRFJLgTERLY PROLONGATION OF TIlE
NORTHWESTERLY LINE OF TRACT 334, AS BIKONNBYMaP ON FILE IN BOOK
54 PAGES 25 THROUGH 30; INCLUSIVE, OF.MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA, DISTANCE THEREON NORTH 44 DEGREES 54'
F.~ST, 2,992.78 FEET FRONT HE MOST NORTNERLYCORNEROFSAIDTRACT;
THENCE SOUTH 68 DEGREES 19' 22w EAST, 89.24 FEL~ TO THE BEGINNING
TO a TANGENT CURVE, CONCAVE NORTNERLYHAVING A RADIU2 OF 1,200.00
FEET;
THENCE SOL~rHEASTERLY ALONG SAID CURVE THROUGH R CENTRAL ANGLE OF
16 DEGREES 14' 28w AN ARC DISTANCE OF 340.15 FEET;
THENCE SOUTH 5 DEGREES 26' X0' NUT, TO THECEh'TF. RLINXOF NXCOXAS
ROAD AS CONVEYED TO THE COUHTY OF RIVERSIDE BY DEED RECORDED
APRIL 23, 1979 AS INSTRUMENT NO. 92671 .OF OFFICIBL RF. CORDB-OF
RIVERSIDE COUNTY, CALIFORNIA;
THENCE SOUTH 75 DEGREES 12' 17w WEST, ALONG SAID CENTERLINE,
543.81 FEETTOT HE BEGINNING OF a TASGENTCURVECONCAVENORTHERLY
HAVING a RADIUS OF 1200 FEET;
Pa~e 11 of 12
THENCE SOUTH 75 DEGREES 12 ' 17" WEST, ALONG SAID CENTERLINE,
543.81 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY
HAVING A RADIUS OF 1200 FEET;
THENCE CONTINUING AtONG SAID CENTERLINE AND ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 11 D~GREES 55' 32" AN ARC LENGTH OF
249.76 FEET MORE OR LESS, TO THE COMMON LINE BETWEEN MURRIETA AND
TEMECULA PORTIONS OF SAID TENECULA RANClIO;
THENCE NORTH 44 DEGREES 56' 04" EAST, ALONG SAID RANCHO LINE TO
THE POINT OF BEGINNING.
PARCEL 8:
THAT PORTION OF THE TENECULA RANCHO IN THE COUNTY 'OF RIVERSIDE,
STATE OF CALIFORNIA, AS SHOWN BY RAPS ON FILE IN BOOK 1 PAGE 37
OF PATENTS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF NORTHEASTERLY LINE OF THE SAID
TEMECULA RANCHO AND THE LINE SEPARATING THE MURRXETA PORTION AND
THE TEMECULA PORTION OF THE SAID TEMECULA RANCHO;
THENCE SOUTH 44 DEGREES 55' 06' WEST A DISTANCE OF 2,004.90 FEET
ALONG THE LAST SAID LINE TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 44 DEGREES 55' 06" WEST A DISTANCE OF
906.36 FEET TO THE INTERSECTION OF THE SAID LINE SEPARATING THE
NURRIETA PORTION AND THE TEMECULA PORTION OF THE SAID TEMECULA
RANCRO AND THE CENTERLINE OF NICHOLAS ROAD;
THENCE SOUTH 68 DEGREES 19' 14" EAST, ALONG THE CENTERLINE OF
SAID NICHOLAS ROAD, A DISTANCE OF '88.91 FEET TO THE BEGINNING OF
A TANGENT CURVE RAVING A RADIUS OF 1,200.00 FEET AND CONCAVE
NORTHERLY;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 340.35
FEET, THROUGH A CENTRAL ANGLE OF 16 DEGREES 15' 01" TO THE INTER-
SECTION OF SAID NICHOLAS ROAD AND MaRGARITA ROAD;
THENCE IN A NON-TANGENT DIRECTION NORTH 5 DEGREES 25' 52w EAST
ALONG THE CENTERLINE OF SAID MARGARITa ROAD A DISTANCE OF 260.54
FEET TO THE BEGINNING OF A TANGENT CURVE, RAVING A RADIUS OF
680.00 FEET AND CONCAVE EASTERLY;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 468.64
FEET THROUGH a CENTRAL ANGLE OF 39 DEGREES 29' 14" TO THE TRUE
POINT OF BEGINNING.
PARCEL 9:
LOTS 1, 2, 3, 17, 21 AND 23 INCLUSIVE OF TRACT 20703-1, AS SHOWN
BY MAP ON FILE IN BOOK 177 PAGES 72 THROUGH 76 OF MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 10
LOTS I THROUGH 105, INCLUSIVE OF TRACT 20703-2, AS SHOWN BY MAP
ON FILE IN BOOK 185 PAGES 37 THROUGH 44, INCLUSIVE, OF MAPS,
RECORDS OF RIVERSIDE COUNTY, CALIFOENXA.
Paqe 12 of 12
PARCEL
LOTS I THROUGH 132, INCLUSIVE OF TRACT 20703-3, AS SHOWN BY MAP
ON FILE IN BOOK 186 PAGES 20 THROUGH 28, INCLUSIVE, OF MAPS,
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,
Development Agreement No. 37
EXHIBIT B
MAP SHOWING PROPERTY AND ITS LOCATION
Development Agreement No. 37
EXHIBIT C
EXISTING DEVELOPMENT APPROVALS
SPECIFIC PLAN
Specific Plan No. 164 as amended by Specific Plan No.
164. Amendment No. 1.
ZONIN~
Ordinance No. 348.2788
(Zone Change No. 4501)
Ordinance No. 348.2927
(Zone Change No. 5127)
LAND DIVISIONS
1. Tentative Tract Map No. 20703 and F~nal Tract Map
No. 20703-1 (Recorded at Book 177. pages 72-76.)
The development approvals listed above include the approved
maps and all conditions of approval.
COPIES OF THE EXISTING DEVELOPMENT APPROVALS LISTED ABOVE ARE
ON FILE IN THE RIVERSIDE COUNTY PLANNING DEPARTMENT AND ARE
INCORPORATED HEREIN BY REFERENCE.
Developmen~ Agreement No.
EXHIBIT D
37
EXISTING LAND USE REGULATIONS
1. Riverside County Comprehensive General Plan as
amended through Resolution No. 88-485.
2. Ordinance No. 340.
3. Ordinance No. 348 as amended through Ordinance No.
348.2857.
4. Ordinance No. 448 as amended through Ordinance No.
448.a.
B. Ordinance No. 458 as amended through Ordinance No.
458.8.
6. Ordinance No. 460 as amended through Ordinance No.
460.92.
7. Ordinance No. 461 as amended through Ordinance No.
461.6.
8. Ordinance No. 509 as amended through Ordinance No.
509.2,
· 9. Ordinance No. 546 as amended through Ordinance No.
546.7a.
10. Ordinance NO. 547 as amended through Ordinance No.
547.5.
11. Ordinance NO. 555 as amended through Ordinance No.
555.15.
12. Ordinance No. 617 as amended through Ordinance No.
617.1.
13. Ordinance No. 650.
14. Resolution No. 87-525 Establishlng Procedures and
Requirements for the Consideration o[ Development
Agreements. as amended by Resolution No. 88-39 and
Resolution No. 88-119.
COPIES OF THE EXISTING LAND USE REGULATIONS LISTED ABOVE
ARE ON FILE IN THE RIVERSIDE COUNTY PLANNING DEPARTMENT AND ARE
INCORPORATED HEREXN BY REFERENCE.
Development Agreement No.
EXHIBIT E
FEE CREDITS
None.
37
ATfACHMENT NO. 5
PROPOSED DEVELOPMENT AGREEMENT
R:~STAFFRPTXITpA94.I$ 9/15/94 t~s ~8
RECORDED AT THE REQUEST OF
City Clerk
City of Temecula
WHEN RECORDED RETURN TO
City Clerk
City of Temecula
43174 Business Park Drive
Temecula CA 92590
(Space Above. Line For Recorder's Use)
AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT
SPECIFIC PLAN NO. 164-RORIPAUGH
PLANNING APPLICATION NO. 94-0017
IC. tDMSIJL W. DIRIOOB5996. WP
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TABLE OF CONTENTS
Definitions ............................................ 5
Interest of Owner ........................................ 7
Exhibits .............................................. 7
Term ................................................ 7
Assignment ........................................... 8
.,
5.1 Right to Assign .................................... 8
5.2 Release of Transferring Owner ........................... 9
5.3 Termination of Agreement with Respect to Individual Lots upon Sale to
Public and Completion of Construction ...................... 9
5.4 Subsequent Assignment ............................... 10
Mortgagee Protection .................................... 10
Binding Effect of Agreement ................................ 11
Relationship of Parties ..................................... 12
Changes in Project ...................................... 12
Timing of Development ................................... 12
Indemnity and Cost of Litigation ............................. 12
11.1 Hold Harmless .................................... 12
11.2 County Litigation Concerning Agreement .................... 13
11.3 Public Facilities Fees Shortfall .......................... 14
I 1.4 County Prevails in Litigation - Severability ................... 14
i 1.5 Third Party Litigation Concerning Agreement ................. 15
11.6 Environmental Assurances ............................. 15
Public
Benefits, Public Improvements and Facilities .................. 16
12.1 Intent .......................................... 16
12.2 Public Facilities Fee (Residential) ........................ 16
12.3 Public Park ...................................... 17
12.4 Park Improvement Fee Credits .......................... 17
12.5 Timing ......................................... 18
13. Reservations of Authority .................................. 18
13.1 Limitations, Reservations, and Exceptions ................... 18
13.2 Subsequent Development Approvals ....................... 19
13.3 Modification or Suspension by State or Federal Law ............. 19
13.4 Regulation by Other Public Agencies ...................... 20
13.5 Tentative Tract Map Extension .......................... 20
13.6 Vesting Tentative Maps .............................. 20
14. Development of the Property .............................. , .21
14.1 Rights to Develop .................................. 21
14.2 Effect of Agreement on Land Use Regulations ................ 21
14.3 Changes and Amendments ............................. 21
15. Periodic Review of Compliance with Agreement .................... 22
16. Financing District ...................................... 23
17. Amendment or Cancellation of Agreement ....................... 23
18. Enforcement .......................................... 23
19. Events of Default ....................................... 23
20. Procedure Upon Default ................................... 24
21. Damages Upon Termination ................................ 24
22. Attorneys' Fees and Costs ................................. 24
23. Notices ............................................. 25
24. Cooperation .; .....· .................................... 25
25. Rules of Construction and Miscellaneous Terms .................... 26
26. Entire Agreement ....................................... 26
27. Counterparts .......................................... 26
28. Authority to Execute ...................................... 27
K:~:)MSk/L W. DIRtOOB5996, WP ii
EX}IIB1T A
EX/t]BIT B
EXH/BIT C
EXHIBIT D
EXHIBIT E
EXISTING DEV!~-I,OPM~-NT APPROVALS
EXISTING LAND USE REGULATIONS
LEGAL DESCRIPTION
· NOTICE FROM MORTGAGEE
MAP OF PUBLIC PARK
,,
K:~DMStJL W. DIRIO085996. WP jjj
AMENDMT-NT AND RESTATEMENT OF DEVELOP1VIENT AGREEMENT
BETWEEN
CITY OF TEMECULA
and
COSCAN HOMES CALIFORNIA, INC.,
dba COSCAN DAVIDSON HOMT-~
This Amendment and Restatement of I~velopment 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
Coscan Hom~ California, Inc., a California Corporation, dba Coscan Davidson Homes
("Owner"):
RECITALS
A. Pursuant to California Government Code Section 65864, et sed. ("Development
Agreement Statutes"), Dav-Bar I, a California general partnership and others and the County of
Riverside, California ("County') entered into Development Agreement No. 37 recorded in the
Official Records of Riverside County, California on November 4, 1988, as Instrument No.
323487 ("Development Agreement No. 37').
B. Development Agreement No. 37 encompasses a project formerly located within
County approved Specific Plan No. 164 known as "Roripaugh Hills', a mixed use subdivision,
(the "Original Project") to be developed on property which became a part of the municipal
boundaries of the City when the City incorporated on December 1, 1989. This Agreement
encompasses only a portion of the Original Project, located in Planning Area 7 and known as
'Rofipaugh Cottages*, a residential development (the "Project*). The balance of the Original
Project covered by Development Agreement No. 37 not included within Planning Area 7 is not
amended or impacted by this Agreement.
C. Pursuant to the provisions of the Development Agreement Statutes, the City
became the successor-in-interest to the County under Development Agreement No. 37 upon
incorporation of the City.
D. Pursuant to Section 65868 of the Development Agreement Statutes, the City and
Owner propose to restate and amend Development Agreement No. 37 to substitute this
Agreement for the potion of Development Agreement No. 37 pertaining to the Project.
E. Pursuant and subject to the Development Agreement Statutes, the City 's police
powers and City Resolution No. 91-52, City is authorized to enter into binding agreements with
persons having legal or equitable interest in real property located within the City's municipal
boundaries or sphere of influence thereby establishing the conditions under which such property
may be developed in the City.
F. By electing to enter into this Agreement, City shall bind future members of the
City Council of City by the obligations specified herein and further limit the future exercise of
certain governmental and proprietary powers of members of the City Council. Likewise, Owner
shall bind its successors in interest to the obligations specified in this Agreement.
G. The terms and conditions of this Agreement have undergone extensive review by
the staff of the City, the Planning Commission of the City and the City Council of City and have
been found to be fair, just and reasonable.
H. City finds and determines that it will be in the best interests of its citizens and the
public health, safety and welfare will be served by entering into this Agreement.
I. All of the procedures and requirements of the California Environmental Quality
Act have been met with respect to this Agreement.
J. Riverside County Ordinance No. 659, as adopted by the City, establishes public
facilities impact fees for residential development within City ("RSA Fees"). City requires these
revenues to mitigate the impact of development. City requires RSA Fees from development of
the Property in order to complete capital projects to mitigate the impact of the development.
K. Development Agreement No. 37 provided for public facilities and services impact
fees ("County Impact Fees") higher than the RSA Fees. These higher fees, particularly during
the present economic situation, unduly discourage and delay development and thereby prevent
City from ever receiving the RSA Fees. Consequently, the City desires to reduce the County
Impact Fees for residential development in the Project to a level comparable to the RSA Fees.
L. On May 20, 1987, the County mended Ordinance No. 460 authorizing the
imposition of Quimby Park Fees. Ordinance No. 460 required adoption of an implementation
resolution designating a recipient of the Quimby Park Fees. On June 28, 1988, pursuant to
Resolution No. 88-218, the County designated CSA 143 as the recipient of Quimby Park Fees
subject to the adoption of a master plan. On June 27, 1989, pursuant to Resolution No. 89-331,
the County adopted a master plan for CSA 143, establishing the Quimby Park Fees at three (3)
acres per one thousand (1,000) new residents ("County Park Fee Standard*).
M. Pursuant to Resolution No. 90-53, adopted on May 8, 1990, City has adopted
Quimby Park requirements of five (5) acres of land for parks and recreational purposes, or
payment of fees in lieu thereof, for every one thousand (1,000) people to reside in the proposed
subdivision.
N. The City interprets Development Agreement No. 37 to permit the imposition of
increased Quimby Park requirements computed on City Park standards and has required Owner
to satisfy Quimby Park requirements based on the City Park standards as a condition of issuance
of building permits for the Project.
O. City and Owner acknowledge that development of the Project will result in the
generation of municipal revenue, public infrastructure facilities and the enhancement of the
quality of life, including recreation facilities for present and future residents of the City. The
benefits to the City and Owner contemplated by development of the Project include:
(1) the opportunity for an adjacent residential-commercial project creating
significant job opportunities, sales tax and ad valorera tax revenues for the City;
(2) payment of Public Facilities Fees (fire and traffic signal mitigation);
· (3) participation in special assessment districts to finance City and regional
infrastructure improvements;
'1[4) the creation of significant park and recreation dedications for public use
and the protection of significant natural resources.
P. The City and Owner acknowledge that due to the present economic situation, none
of these benefits to the City are possible uniess the Project proceeds with development.
Q. Without admitting or determining any rights or obligations as between City and
Owner, each to the other, with respect to the amount of the Quimby Park requirements, and to
balance the needs of the City to provide adequate parks and recreational facilities with the
difficulty of land development in today's economy, City and Owner agree that in lieu of
additional Quimby Park requirements, Owner will dedicate and develop park land as described
in this Agreement.
R. City Council of City has approved this Agreement by Ordinance' No. __
adopted on , and effective on ("Effective
Date"). On the Effective Date, Development Agreement No. 37 shall be terminated as to the
Project only and of no further force and effect with respect to the Project, having been replaced
by this Agreement.
NOW, THEREFORE in consideration of the above Recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and incorporated herein, the parties agree:
K:tOMStJt W. DIRIO085996. WP 4
Definitions. In this Agreement, unless the context otherwise requires:
1.1 'City" is the City of Temecula.
1.2 "City Public Facility Fee" is an amount to be established by Ordinance of
1.3 "County" is the County of Riverside.
1.4 "County Public Facilities and Services Fee" means the County
Development Agreement Fee as set forth in Section 4.2 of Development Agreement No. 37.
· ~1.5 "Development Exaction" means any requirement of City in connection with
or pursuant to any Land Use Regulation or Existing Development Approval for the dedication
of land, the construction of improvements or public facilities, or the payment of fees in order
to lessen, offset, mitigate or compensate for the impacts of development on the environment or
other public interests.
1.6 "Development Plan" means the Existing Development Approvals defined
in Section 1.7 below which are applicable to development of the Project.
1.7 "Existing Development Approval(s)" means those certain development
approvals in effect as of the effective date of this Agreement with respect to the Property,
including, without limitation, the "Existing Development Approvals" listed in Exhibit A which
were approved by the County or the City.
1.8 "Financing District' means a community facilities district formed pursuant
to the Mello-Roos Community Facilities Act of 1982 (California Government Cede Section
53311 et sea_, as amended), an assessment district formed pursuant to the Landscaping and
Lighting Act of 1972 (California Streets and Highways Cede Section 22500 et seq_.. as
amended), a special assessment district formed pursuant to the Improvement Act of 1911
(California Streets and Highways Cede Section 10102, as amended), or any other special
assessment district existing pursuant to State law formed for the purposes of financing the cost
K:tDMSLIL W. DIRIO085996. WP 5
of public improvements, facilities, services and/or public facilities fees within a specific
geographical area of the City.
1.9 "Interim Public Facilities Fee" means an amount of Three Thousand
Dollars ($3,000.00) per each residential unit developed in the Project.
1.10 *Land Use Regulations* means all ordinances, resolutions, codes, rules,
regulations ~d 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, '[he maximum height and size of proposed buildings, the provisions for reservation
or dedication of land for public purposes, and the design, improvement and construction
standards and specifications applicable to the development of the Property listed on Exhibit B
which are a matter of public record on the Effective Date of this Agreement. "Land Use
Regulations" does not include any County or City ordinance, resolution, code, rule, regulation,
or official policy, governing:
(a) The conduct of businesses, professions, and occupations;
(b) Taxes and assessments;
(c) The control and abatement of nuisances;
(d) The granting of encroachment permits and the conveyance of rights
and interests which provide for the use of or the entry upon public properly;
(e) The exercise of the power of eminent domain.
1.11 "Owner* means the person having a legal or equitable interest in the
Project;
1.12
Development Plan.
1.13
"Project" is the development of the Property in accordance with the
'Propeny* is the real property described in ExhibR C.
K:tDMSLIL W. DIRTO085996. WP 6
1.14
adopted by City.
1.15
"RSA Fee" means the fee established by County Ordinance No. 659 as
"Subsequent Development Approvals" means all development approvals
required subsequent to the Effective Date in connection with development of the Property.
1.16 "Subsequent Land Use Regulation" means any Land Use Regulation
adopted and .effective after the Effective Date of this Agreement.
2. Interest of Owner. Owner represents that it has the fee title interest in the
Property and that all other persons holding legal or equitable interests in the Property are to be
bound by this Agreement.
3. Exhibits. The following documents are referred to in this Agreement attached
hereto and made a part hereof by this reference:
Exhibit
Designation
A
B
C
D
E
Term.
4.1
Description
Existing Development Approvals
Existing Land Use Regulations
Legal Description of the Property
Notice From Mortgagee
Site Plan of Park
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.
4.2 This Agreement shall terminate and be of no force and effect upon the
occurrence of the entry of a final judgement or issuance of a final order after exhaustion of any
appeals directed against the City as a result of any lawsuit fled against the City to set aside,
withdraw, or abrogate the approval by the City Council of City of this Agreement.
5. Assignment.
5.1 Right to Assign. The Owner shall have the right w sell, transfer, or assign
the Property in whole or in pan (provided that no such partial transfer shall violate the
Subdivision Map Act, Government Code Section 66410, et s~_.. 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, fu'm, 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 fights, duties, and obligations
arising under or from this Agreement and be made in strict compliance with the following
conditions precedent:
(a) No sale, transfer, or assignment of any right or interest under this
Agreement shall be made unless made together with the sale, transfer, or assignment of
all or a pan of the 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 reasonably 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
K:IDMSLIL W. DIRtO085996. WP 8
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 ntisfaction by such transferring Owner of all of the following conditions:
(a) The Owner no longer has a legal interest in all or any pan of the
Pwperty except as a beneficiary under a d__~d 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 it~
obligations hereunder.
5.3 Termination of Agreement with Respect to Individual Lots upon Sale to
Public and Completion of Construction. The provisions of Subsection 5.1 shall not apply to the
sale or lease (for a period longer than one year) of any lot which has been finally subdivided and
is individually (and not in "bulk") sold or leased to a member of the public or other ultimate
user. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate
with respect to any lot and such lot shall be released and no longer be subject to this Agreement
without the execution or recordation of any further document upon ntisfaction of both of the
foliowing conditions:
(a) the lot has been finally subdivided and individually (and not in
'bulk*) sold or leas~ (for a period longer than one year) to a member of the public or
other ultimate user; and
K:tDMSLIL W. DIRtOO85996, WP 9
Co) a Certificate of Occupancy has been issued for a building on a lot,
and the fees set forth in this Agreement have been paid.
5.4 Subsequent Assignment. Any subsequent sale, transfer, or assignment after
an initial sale, transfer, or assignment shall be made only in accordance with and subject to the
terms and conditions of this Section.
6. . Mortgagee Protection. The parties hereto 'agree that this Agreement shall not
prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the
Property or any.portion thereof or any improvement thereon by any mortgage, deed of trust, or
other security device securing financing with respect to the Property. City acknowledges that the
lenders providing such financing may require certain Agreement interpretations and
modifications and agrees upon request, from time to time, to meet with the Owner and
representatives of such lenders to negotiate in good faith any such request for interpretation or
modification. City will not unreasonably withhold its consent to any such requested interpretation
or modification provided such interpretation or modification is consistent with the intent and
purposes.of this Agreement. Owner shall reimburse City for any and all of City's reasonable
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 pan thereof, which Mortgagee has submitted a request in writing, in the form
as attached hereto as Exhibit D, to the City in the manner specified herein for giving notices,
K:~DMS~JL W, D/RIO08~996. WP ~ 0
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, in the form set forth
on F_,xhibR D, 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 of default to the Mortgagee within ten
(10) days of sending the notice of default to the Owner. The Mortgagee shall have the right, but
not the obligation, to cure the default during the remaining cure period allowed such party under
this Agreement,
(d) Any Mortgagee who comes into possession of the Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such
foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have
an obligation or duty under this Agreement to perform any of the Owner's obligations or other
affirmative covenants of the Owner hereunder, or to guarantee such performance, provided
however, that to the extent that any covenant to be performed by Owner is a condition precedent
to the performance of a covenant by City, the performance thereof shall continue to be a
condition precedent to City' s performance hereunder, and further provided that any sale, transfer
or assignment by any Mortgagee in possession shall be subject to the provisions of Section 5.1
of this Agreement.
(e) Any Mortgagee who comes into possession of the Property, or any portion
thereof, pursuant to subsection (d) above and who elects not to assume the obligations of the
Owner set forth herein shall not be entitled to any rights to develop which have or may have
vested as a result of this Agreement.
K:IDMSLIL W. OIRIO085996. WP I 1
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 in accordance
with the provisions of and subject to the limitations of this Agreement.
8. Relafionshil~ of Parties. It is understood that the conWactual relationship between
City and Owner is such that the Owner is an independent contractor and not the agent of City.
9. .. Changes in Project. No change, modification, revision or alteration of Existing
Development Approvals may be made without the prior approval by those agencies of the City
equivalent to ~e County agencies that approved the Existing Development Approvals in the first
instance (if the County had granted the approvals) or by the same City agency that granted the
Existing Development Approvals, (if the City granted the approval in connection with the
adoption of this Agreement).
10. Timing of Development. The parties acknowledge that Owner cannot at this time
predict when, or the rate at which 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 Ca]. 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 parries, it is the
paxties, intent to cure that deficiency by acknowledging and providing that the Owner shall have
the right to develop the Property in such order and at such rate and at such times as the Owner
deems appropriate within the exercise of its subjective business judgment, subject only to any
timing or phasing requirements set forth in the Development Plan.
11. Indemnity and Cost of Litigation.
11.1 Hold Harmless. Owner agrees to and shall hold City, its officers, agents,
employees and representatives harmless from liability for damage or claims for damage for
personal injury including death and claims for property damage which may arise from the direct
or indirect operations of the Owner or those of its contractor, subcontractor, agent, employee
or other person acting on its 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 acfi.vi.'ties in connection with the Project. This h01d 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 for the Project.
11.2 County Litigation Concerning Agreement. In the event the County seeks
to challenge the right of City and Owner to enter into this Agreement or to terminate
Development Agreement No. 37, and institutes an action, suit or proceeding to challenge this
Agreement or invalidate and/or enjoin the enforcement of this Agreement or the amendment of
Development Agreement No. 37 or take such other action(s) which result in unreasonable delays
in the development of the Property, City and Owner agree to cooperate and participate in a joint
defense in any action against the parties, their officers, agents and employees, from and against
any and all such obligations, liability, suit, claim, loss, judgment or lien, resulting from such
actinn(s) brought by County, (but excluding actions to expunge any lis pendens) and to share the
costs associated with attorneys, fees and costs that the parties may incur as the result of any such
action or lawsuit to challenge City and/or Owner's legal authority to enter into this Agreement
and/or terminate Development Agreement No. 37. Owner's defense costs herein shall be its pro
rata share among all impacted landowners based on a ratio of contribution of the total units
owned by Owner which are subject to this Agreement compared to the total number of units
within the City in which City has lowered the County fees. Damages (including the difference
in the amount of any Interim Public Facilities Fee and the mount of the County Development
K:tDM$IJL W. DIRIO085996. WP 13
Agreement Fee paid by Owner to City pursuant to the terms of this Agreement) shall be the
responsibility of Owner. To the extent Owner has paid Interim Public Facilities Fees and/or
County Development Agreement Fees to City of which it is adjudicated are lawfully the funds
of County, City shall pay such sums to County and Owner shall have such liability for the
payment of the difference between such fees reduced by the mount paid by the City. City and
Owner shall mutually agree on legal counsel to be retained to defend any such action(s) brought
by the County as herein provided. City and Owner each reserve the right to withdraw from the
defense of the:County litigation in the event the County prevails at the trial level and there is
an appeal. If either party withdraws after the trial and there is an appeal, the remaining party
shall pay all of the costs and fees associated with said appeal.
11.3 Public Facilities Fees Shortfall. In the event the County prevails in any
legal action or other proceeding to challenge, set aside, or enjoin the enforcement of this
Agreement and a trial court determines that Owner and/or the City is liable to make up any
shortfall between the amount of the Interim Public Facilities Fee or the City Public Facilities
Fee, as the case may be, and the County Development Agreement Fee which would otherwise
have been imposed pursuant to Development Agreement No. 37, then Owner shall be
responsible for paying any such 'shortfall subject to City's payment to County of any amounts
collected and held by City under the terms of Development Agreement No. 37. Such payment
by City and County shall reduce Owner's liability to County for payment of such fees by a like
amount paid by City.
11.4 County Prevails in Litigation - Severability. In the event the County
prevails at the trial court level against the City or the Owner as described in Section 11.2 of this
Agreement, the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as
the case may be, shall revert to the amount of the County Development Agreement Fee in effect
at the time of enmy of the final judgment in favor of the County. In the event this Agreement
K:IDMSLIL W. DIRtOOBEgS6. WP ]4
is held to be invalid or unenforceable by a trial court of competent jurisdiction, the provisions
set forth in Section 12.3(a), (b) and (c) of this Agreement shall no longer be enforceable and
from the date of said final judgment or ruling of invalidity, Owner shall thereafter pay the
County Development Agreement Fee as provided in Section 4.2 of Development Agreement No.
37. All other provisions of this Agreement shall remain valid and enforceable notwithstanding
said ruling of invalidity.
11.5 Third Party Litigation Concerning Agreement. Owner shall defend, at its
expense, including attorneys' fees, indemnify, and hold harmless City, its agents, officers and
employees from any claim, action or proceeding against City, its agents, officers, or employees
to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit
granted pursuant to this Agreement brought by a third party other than the County. City shall
promptly notify Owner of any such claim, action, or proceeding, and City shall eooparate in the
defense. If City falls to promptly notify Owner of any such claim, action, or proceeding or if
City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend,
indemnify, or hold harmless City. City may in its discretion participate in the defense of any
such claim, action, or proceeding.
11.6 Environmental Assurances. Owner shall indemnify, defend with counsel
approved by City, protect, and hold harmless City, its officers, employees, agents, assigns, and
any successor or successors to City's interest from and against all claims, actual damages
(including but not limited to special and consequential damages), natural resources damage,
punitive damages, injuries, costs, response remediation and removal costs, losses, demands,
debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest,
fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness
fees and costs incurred in connection with defending against any of the foregoing or in enforcing
this indemnity) of any kind whatsoever paid, incurred, or suffered by, or asserted against, City
K:~DMStJL W. D/RIO085996. WP 15
or its officers, employees or agents arising from or attributable to any repair, cleanup, or
detoxification, or preparation and implementation of any removal, remedial, response, closure,
or other plan (regardless of whether undertaken due to governmental action) concerning any
HnTnrdous Substance or hn7~rdous wastes at any place within the Property which is the subject
of this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant
to Section 107(e) of the Comprehensive Environmental Response, Compensation, and Liability
Act, "CERCLA*, 42 U.S.C. Section 9607(e) and California Health and Safety Code Section
25364, and their successor statutes, to insure, protect, hold harmless, and indemnify City from
liability.
12. Public Benefits. Public Improvements and Facilities.
12.1 Intent. The parties acknowledge and agree that this Agreement confers
private benefits on the Owner which should be balanced by commensurate public benefits.
Accordingly, the parties intend to provide consideration to the public to balance the private
benefits conferred on the Owner by providing more fully for the satisfaction of the public needs
resulting from development of the Project.
12.2 Public Facilities Fee (Residential).
(a) In lieu of the County Development Agreement Fee, RSA Fee or
City Public Facility Fee, for a period of five (5) years commencing on the Effective Date,
Owner shall pay an Interim Public Facilities Fee of Three Thousand Dollars ($3,000.00) per
dwelling unit. The Interim Public Facilities Fee shall be paid as provided in Section 12.5 below.
At the conclusion of the five (5) year period, Owner shall either continue to pay the Interim
Public Facilities Fee of Three Thousand Dollars ($3,000.00) per dwelling unit or such other
public facilities fee as the City has then enacted and applied to residential development projects
in the City.
K:~DMS~IL W. DIRIO085996. WP 16
Eighty Two Thousand Dollars ($82,000.00). Owner shall have the term of this Agreement within
which to apply the park improvement fee credit towards Interim Public Facilities Fees or City
Public Facilities Fees. City shall have a right to review, audit and verify all costs associated with
said park improvements under procedures to be mutually agreett upon between the parties. If
at any time, the Interim Public Facilities Fees to be paid are less than the credit, referenced
above, and Owner qualifies for the credit, Owner shall receive the difference directly from the
City when due. For purposes of calculating credits under this SectiOn, "Improvements" shall
be defined as onsite work only (design, grading and construction), excluding street and utility
work within the public right-of-way and any onsite environmental mitigation costs such as toxic
removal and wetlands mitigation.
12.5 Timing,. Collection of any and all Interim Public Facilities Fees and/or
City Public Facilities Fees, if any, required to be paid by Owner pursuant to this Agreement
shall be deferred until such time as a certificate of occupancy has been obtained for the first
production home built on the Property. Thereafter, the Interim Public Facilities Fees shall be
paid at the time of issuance of building permits for each residential unit constructed on the
Property. Collection of any and all Interim Public Facilities Fees and/or City Public Facilities
Fees required to be paid by the Owner for the model home units shall be paid in accordance with
the Memorandum of Understanding CMOU"), between the City and Owner regarding said
model homes, which MOU is dated for reference , 1994.
13. Reservations of Authority.
13.1 Limitations. Reservations. and Exceptions. Notwithstanding any other
provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the
development of the Property:
(a) Processing fees and charges imposed by City to cover the estimated
actual costs to City of processing applications for Subsequent Development Approvals.
K: kDMSLIL W, DIRtOO85996. WP 18
Co) Owner shall also pay all other customary and typical development
exactions, for a project of this size and nature, in existence as of the Effective Date and
throughout the term of this Agreement, including but not limited to, Fire, Traffic Signal
Mitigation and K-Rat Fees pursuant to the provisions of City ordinances and resolutions in
existence when paid.
12.3 Public Park. As additional consideration for entering into this Agreement, Owner
agrees to dedicate to the City, or cause to be dedicated, and City agrees to accept when offered,
park land equalling approximately three (3) acres pursuant to that certain undated
Parkland/Landscape Improvement Agreement between Owner and City. The park land is shown
on Exhibit E which is attached and made a part hereof and incorporated by this reference.
Owner shall improve, and Owner shall dedicate, or cause to be dedicated in fee or by grant of
easement to City and City agrees to accept park land and improvements when offered for
dedication and acceptance if such improvements meet the requirements of City for the
construction and installation of park improvements. As a condition precedent to the City
accepting the dedication of the park property and the improvements thereto, such property shall
be free and clear of any and all liens, assessments, encumbrances and similar financial obligation
relative to said property. Owner shall cause a ti~e insurance company to issue a CLTA title
insurance owner's policy with standard exceptions on such property, which policy shall be
provided to City. If City desires an ALTA ti~e policy, the additional cost over the cost of a
CLTA policy with standard exceptions w'~l be borne by City.
12.4 Park Improvement Fee Credits. At the time of completion of the
improvements and transfer of the public park as provided in this Agreement, Owner shall r~ive
a credit against payment of future Interim Public Facilities Fees or City Public Facilities Fees
based on the actual improvement cost incurred by Owner for the public park, which exceeds the
Project's Quimby Park requirements as calculated by the City, up to a total maximum credit of
K:tDMS~JL W. DIRIO085996. WP 17
(b) Procedural regulations relating to hearing bodies, petitions,
applications, notices, findings, records, hearings, reports, recommendation, appeals, and
any other matter of procedure.
(e) Regulations imposing Development Exactions; provided, however,
that no such subsequently adopted Development Exactions shall be applicable to
devel. o. pment of the Property unless such Development Exactions are applied uniformly
to development throughout the City.
· ~ (d) Regulations governing construction standards and specifications
including without limitation, the City's Building Code, Plumbing Code, Mechanical
Code, Electrical Code and Fire Code.
(e) Regulations which are not in conflict with the Development Plan.
Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing
of development of the Property shall be deemed to conflict with the Development Plan
and shall therefore not be applicable to the development of the Property.
(f) Regulations which are in conflict with the Development Plan
provided Owner has given written consent to the application of such regulations to
development of the Property.
13.2 Subsequent Development Approvals. This Agreement shall not prevent
City, in acting on Subsequent Development Approvals, from applying the Subsequent Land Use
Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent
City from denying or conditionally approving any Subsequent Development Approval on the
basis of the Existing or Subsequent Land Use Regulations not in conflict with the Development
Plan.
13.3 Modification or SuSpension by State or Federal Law. In the event that
State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent
K:IDMSLIL W, OlntO085996. WP 19
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 reguhtions and to the extent such
laws or reguhtions do 'not render such remaining provisions impractical to enforce.
13.4 Regulation by Other Public Agencies. It is acknowledged by the parties
that other public agencies not within the control of City possess authority to regulate aspects of
the developm~t of the Property separately from or jointly with City and this Agreement does
not limit the authority of such other public agencies.
13.5 Tentative Tract Map Extension. Pursuant to the provisions of Section
66452.6 of the Government Code, the tentative subdivision map(s) or tentative parcel map(s)
(vested or regular) approved as part of implementing the Development Plan shall be extended
to expire at the end of the term of this Agreement
13.6 Vesting Tentative M~vs. 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 se~_.) 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 conflicting provisions of law or ordinances
concerning vesting maps.
K:~DMStJL W. DIRtO085996. WP 20
14. Development of the Property.
14.1 Rights to Develop. Subject to the terms of this Agreement, including
payment of the Interim Public Facilities Fee, the Owner shall have a vested right to develop the
Property in accordanc~ with, and to the extent of the Development Plan. The Project shall
remain subject to all Subsequent Development Approvals required to complete the Project as
contemplated by the Development Plan. Except as otherwise provided in this Agreement, the
permitted uses of the Property, the density and intensity of use, the maximum height and size
of proposed buildings, and provisions for reservation and dedication of land for public purposes
shall be those set forth in the Development Plan.
14.2 Effect of Agreement on Land Use Regulations. Except as otherwise
provided under the terms of this Agreement, including the payment of the Interim Public
Facilities Fee, the rules, regulations, and official policies governing permitted uses of the
Property, the density and intensity of use of the Property, the maximum height and size of
proposed buildings, and the design, improvement and construction standards and specifications
applicable to development of the Property shall be the Existing Land Use Regulations. City
shall exercise its lawful reasonable discretion in connection with Subsequent Development
Approvals in accordance with 'the Development Plan, and as provided by this Agreement
including, but not limited to, payment of the Interim Public Facilities Fee and/or the City Public
Facilities Fee, as the case may be. City shall accept for processing, review, and action all
applications for Subsequent Development Approvals, and such applications shall be processed
in the normal manner for processing such matters. City may, at the request of Owner, contract
for planning and engineering consultant services to expedite the review and processing of
Subsequent Development Approvals, the cost of which shall be borne by Owner.
14.3 Changes and Amendments. The paxties acknowledge that refinement and
further development of the Project will require Subsequent Development Approvals and may
K:iDMSLIL W. DIRtOO85996. WP 2 ]
demonstrate that changes are appropriate and mutually desirable in the Existing Development
Approvals. In the event the Owner finds that a change in the Existing Development Approvals
is necessary or appropriate, the Owner shall apply for a Subsequent Development Approval to
effectuate such change. If approved, any such change in the Existing Development Approvals
shall be incorporated here'm as an addendum to this Agreement and may be further changed from
time to time as provided in this Section. Owner, shall, within thirty (30) days of written demand
by City, reimburse City for any and all reasonable costs, associated with any amendment or
change to this.,Agreement that is initiated by Owner or Owner's successor. Unless otherwise
required by law, as determined in City's reasonable discretion, a change to the Existing
Development Approvals shall be deemed "minor" and not require an amendment to this
Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or,
(b) Increase the density or intensity of use of the Property as a whole; 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 Property as a whole; or,
(e) Constitute a project requiring a subsequent or a supplemental
Environmental Impact Report pursuant to Section 21166 of the Public Resources'Code.
15. Periodic Review of Compliance with Agreement.
(a) Pursuant to City Resolution No. 91-52, as it may be subsequently
amended, City shall review this Agreement at least once during every twelve (12) month period
from the Effective Date of this Agreement. The Owner or successor shall reimburse City for the
reasonable and necessary costs of this review, within thirty (30) days of written demand from
City.
K:tDMSLIL W.D/RIO085996. WP 22
(b) During each periodic review by City, the Owner is required to demonstrate
good faith compliance with the terms of the Agreement. The Owner agrees to furnish such
evidence of good faith compliance as City in the exercise of its discretion may require.
16. Financing District. Upon the request of Owner, the parties shall cooperate in
exploring the use of special assessment districts and other similar Financing Districts for the
financing of the construction, improvement, or acquisition of public infrastructure, facilities,
lands, and improvements to serve the Project and its residents, whether located within or outside
the Property. It is acknowledged that nothing contained in this Agreement shall be construed as
requiring City or City Council to form such a district or to issue or sell bonds.
17. Amendment or Cancellation of Agreement. This Agreement may be amended or
canceled in whole or in part only by mutual consent of the parties and in the manner provided
for in Government Code Sections 65868, 65867 and 65867.5. If an Amendment is requested
by the Owner or its successor, the Owner/successor agrees to pay City any Development
Agreement Amendment fee then in existence as established by City Council Resolution, or if no
such fee is established, to reimburse City for the actual and reasonably necessary costs of
reviewing and processing said Amendment within thirty (30) days of written demand from City.
18. Enforcement. Unless amended or caneeled as herein provided, this Agreement
is enforceable by any party to it notwithstanding a change in the applicable general or specific
plan, zoning, subdivision, or building regulations adopted by the City which alter or amend the
rules, regulations, or policies governing permitted uses of the land, density, design,
improvement, and construction standards and specifications.
19. Events of Default. Owner is in default under this Agreement upon the happening
of one or more of the following events or conditions:
(a) Ifa warranty, representation or statement made or furnished by Owner to
City is false or proves to have been false in any material respect when it was made;
K:IDMStJL W. D/RtO08~996. WP 23
Co) A finding and determination by City that upon the basis of substantial
evidence the Owner has not complied in good faith with one or more of the terms or conditions
of this Agreement.
20. Procedure Upon Default.
(a) Upon the occurrence of an event of default, City may terminate or modify
this Agreement in accordance with the procedure adopted' by the City.
(b) City does not waive any claim of defect in performance by Owner implied
if on periodic ..xeview the City does not propose to modify or terminate this Agreement.
Non-performance shall not be excused because of a failure of a third
(c)
person.
(d)
Non-performance shall be excused only when it is prevented or delayed
by acts of God or an emergency declared by the Governor.
(e) All other remedies at law or in equity which are not otherwise provided
for in this Agreement or in City's regulations governing development agreements are available
to the parties to pursue in the event there is a breach.
21. Damages Upon Termination. It is acknowledged by the parties that City would
not have entered into this Agreement if it were to be liable in damages under or with respect to
this Agreement or the application thereof. "
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.
K:tDMSLILW. D/RtO085996. WP 24
22. Attorneys' Fees and Costs. If legal action by either party is brought because of
breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is
entitled to reasonable attorneys fees and court costs.
23. Notices. All notices required or provided for under this Agreement shall be in
writing and delivered in person or sent by certified mail, postage prepaid and presumed
delivered upon actual receipt by personal delivery or within three (3) days following deposit
thereof in United StaBs Mall. Notice required to be given to City shall be addressed as follows:
To CitX: City of Temecula
43174 Business Park Drive
Temeeula, CA 92590
Attention: City Attorney
Notices required to be given to Owner shall be addressed as follows:
To Owner: Coscan Davidson Homes
12865 Pointe Del Mar, Suite 200
Del Mar, CA 92014
Attention: William A. Davidson
With a copy to:Kolodny & Pressman
11975 El Camino Real, Suite 201
San Diego, CA 92130
Attention: Jed L. Weinberg, Esq.
A party may change the address by giving notice in writing to the other party and thereafter
notices shall be addressed and transmitted to the new address.
24. Cooperation. City agrees that it shall accept for processing and promp~y take
action on all applications, provided they are in a proper form and acceptable for required
processing, for discretionary permits, tract or parcel maps, or other land use entitlement for
development of the Project in accordance with the provisions of this Agreement. City shall
cooperate with Owner in providing expeditious review of any such applications, permits, or land
use entitlement and, upon request and payment of any costs and/or extra fees associated
K:tDMStJi, W.O/ntOOeS996. WP 25
therewith by Owner, City shall assign to the Project planner(s), building inspector(s), and/or
other staff personnel as required to insure the timely processing and completion of the Project.
25. Rules of Construction and Miscellaneous Terms.
(a) The singular includes the plural; the masculine gender includes the
feminine; "shall" is mandatory, "may" is permissive.
(b) If there is more than one signer of this Agreement their obligations
are joint and several.
:, (c) The time limits set forth in this Agreement may be extended by
mutual written consent of the parties in accordance with the procedures for adoption of
the Agreement.
(d) This Agreement is made and entered into for the sole protection and
benefit of the parties and their successors and assigns. No other person, including but not
limited to third party beneficiaries, shall have any right of action based upon any
provision of ~is Agreement.
26. Entire Agreement. This Agreement and the exhibits hereto contain the complete,
final, entire, and exclusive expression of the agreement between the parties hereto, and is
intended by the parties to cdmpletely state the agreement in full. Any agreement or
representation respecting the matters dealt with herein or the duties of any party in relation
thereto not expressly set forth in this Agreement shall be null and void.
27. Counterparts. This Agreement may be executed in multiple counterparts, each
of which so fully executed counterpart shall be deemed an original. No counterpart shall be
deemed to be an original or presumed delivered unless and until the counterpart executed by the
other party to this Agreement is in the physical possession of the party seeking enforcement
thereof.
K:&DMSiJL W. D/RIOOB5996. WP 26
28. Authority to Execute. _F~eh party hereto expressly warrants and represents that
he/she/they has/have the authority to execute this Agreement on behalf of his/her/their
corporation, partnersMp, business entity, or governmental enlity and warrants and represents that
he/she/they has/have the authority to bind his/her/their entity to the performance of its
obligations hereunder. -
IN WITNESS WBEREOF this Agreement has been executed by the parties on the day and
year first above written.
Attest:
-city-
City of Temecula
By:
Ron Robens, Mayor
june S. Greek, City Clerk
Approved as to form:
Peter M. Thorson, City Attorney
"Owner"
Coscan Homes California, Inc.,
a California corporation, dba
Coscan Davidson Homes
William A. Davidson
(title)
Stephen H. Dave
(typea name)
its Executive Vice-PresSdent
(t tle)
K:IDMStJL W, DIRIOO E5996. WP 27 '~
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
Onl~p~t~ar~,l~gL, beforeme, '~o. lC_~--.,~ce_e_._ [here insert the
name and title of the officer/notary], personally appeared:
~o,L~-, ~-~ A- r~ ~,~..~r~:~=~;~!.~,,.;~:~nallykn~::to me(Or proYea to me on
· ~--,:-7.----h,~ u.~......~?~4~a~),,t6e;'be' the person<s) whos~ name(s)is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity. upon behalf of which the person(s) acted, eiecuted the instrument.
WnNESS my hand and official seal.
Signature ~-J~.
(SEAL)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On , before me, [hem insert the
name and title of the. officer/notary], personally appeared
, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their sign_ature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(SEAL)
Developmenn Agreement No. 37
EXISTING DEVELOPMENT APPROVALS
SPECIFIC PLAN
Specific Plan No. 164 as
164. Amendment No. 1.
ZONING
Ordinance No. 348.2788
(Zone Change No. 4501)
Ordinance No. 348.2927
(Zone Change No. 5127)
LAND DIVISIONS
1.
amended by Specific Plan No.
Tentative Tract Map No. 20703 and Final Tract Map
No. 20703-1 (Recorded at Book 177. pages 72-76.)
The development approvals listed above include the approved
maps and all conditions of approval.
COPIES OF THE EXISTING DEVELOPMENT APPROVALS LISTED ABOVE ARE
ON FILE IN THE RIVERSIDE COUNTY PLANNING DEPARTMENT AND ARE
INCORPORATED HEREIN BY REFERENCE.
_EXH _IT A
Development Agreement No. 37
EXISTING LAND USE REGULATIONS
2.
3.
4
5
6
7
8
9
10.
11.
12.
13.
14.
Riverside County Comprehensive General
amended through Resolution No. 88-485.
Ordinance No. 340.
Ordinance No. 348
.. 348.2857.
Ordinance No. 448
448.a.
Ordinance No. 458
458.8.
Ordinance No. 460
460.92.
Ordinance No. 461
461.6.
Ordinance No. 509
509.2.
Ordinance No. 546
546.7a.
Ordinance.No. 547
547.5.
Ordinance No.
555.15.
Ordinance No.
617.1.
Plan as
as amended
as amended
as amended
through Ordinance No.
through Ordinance No.
through Ordinance No.
as amended through Ordinance No.
as amended through Ordinance No.
as amended through Ordinance No.
as amended through Ordinance No.
as amended through Ordinance No.
555 as amended through Ordinance No.
617 as amended through Ordinance No.
Ordinance No. 650.
Resolution No, 87-525 Establishing Procedures and
Requirements for the Consideration of Development
Agreements, as amended by Resolution No. 88-39 and
Resolution No. 88-119.
COPIES OF THE EXISTING LAND USE
ARE ON FILE IN THE RIVERSIDE COUNTY
INCORPORATED HEREIN BY REFERENCE.
REGULATIONS LISTED ABOVE
PLANNING DEPARTMENT AND ARE
EX IBITB
Exhibit 'C'
Legal Description
(to be attached)
LEGAL DESCRIPTI<IN
TENTATIVE TRACT 27527
'{AT PARCEL OF LAND CONSISTING OF TRACT 27827-I, ON FILE IN BOOK 249,
~GES 90 THROUGH 100, INCLUSIVE, AND TRACT 27827-2, ON FILE IN BOOK
~50, PAGES 1 THROUGH 3, INCLUSIVE, BOTH RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA, TOGETHER WITH THAT PORTION OF PARCEL "B" OF LOT LINE
ADJUSTMENT NO. PA94-0032, RECORDED MAY 31, 1994 AS INSTRUMENT NO.
220114, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, ALL LYING IN THE CITY
OF TEMECULA, COUNTY OF RIVESIDE, STATE OF CALIFORNIA, SAID PORTION OF
PARCEL "B" BEING MORE PARTICULARY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 36 OF SAID TRACT 27827-2;
T~E~CF ~ORT~ 1~,°25'59'' EA~To AL'2!NG THE WESTERLY LiNE ¢F SAID PARCEL
A DISTANCE OF 5~4.87 FEET;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL "B" THE FOLLOWING FOUR
COURSES:
1.
2.
3.
NORTH 48'17'05" EAST, A DISTANCE OF 61.42 FEET;
SOUTH 02°14'55'' EAST, A DISTANCE OF 469.87 FEET~
SOUTH 62°16'00" EAST, A DISTANCE OF 482.29 FEET TO A
POINT ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY
AND HAVING A RADIUS OF 2082.00 FEET, A RADIAL LINE OF
SAID CURVE THROUGH SAID POINT BEARS SOUTH 27°44'59" WEST;
4. SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 13'16'07", A DISTANCE OF 482.15 FEET TO A POINT ON A
NON-TANGENT LINE, A RADIAL LINE OF SAID CURVE THROUGH
SAID POINT BEARS SOUTH 14'28'52" WEST, SAID POINT BEING
ALSO THE NORTHERLY CORNER OF LOT 31 OF SAID TRACT 27827-1~
THENCE WESTERLY ALONG THE NORTHERLY LINE OF TRACT 27827-1 THE FOLLOWING
NINETEEN COURSES:
1. SOUTH 16'41'04" WEST, A DISTANCE OF 85.19 FEET;
NORTH 73°18'56'' WEST, A DISTANCE OF 12.48 FEET;
SOUTH 57'20'50" WEST, A DISTANCE OF 38.43 FEET TO A
POINT ON A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY
AND HAVING A RADIUS OF 46.00 FEET, A RADIAL LINE OF SAID
CURVE THROUGH SAID POINT BEARS NORTH 83'07'07" EAST;
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
142°42'46'', A DISTANCE OF 114.58 FEET;
NORTH 44~i0'08".WEST, A DISTANCE OF 50.00 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 100.00 FEET;
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
26°!~'44'', A DISTANCE OF 45.92 FEET TO THE ~EGINNING OF
A REVERSE CURVE, CONCAVE NORTHEASTERLY AND HAVING A
RADIUS OF 2221.00 FEET, AND TO WHICH A RADIAL BEARS
SOUTH 19'31'08" WEST;
NORTHWESTERLy ALONG SAID REVERSE CURVE THROUGH A CENTRAL
ANGLE OF 2~03'11" A DISTANCE 79.59 FEET TO A POINT ON
A NON-TANGENT LINi, A RADIAL LINE OF SAID CURVE THROUGH
SAID POINT BEARS SOUTH 2i'34'20" WEST~
SOUTH 24°26'13" WEST, A DISTANCE OF 44.72 FEET TO THE
~EGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND
HAVING A RADIUS OF 189.00 FEET;
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
~°00'14", A DISTANCE OF 26.40 FEET;
it). SOUTH 16~25'59'' WEST,
11. NORTH 73°34'01" WEST,
12. SOUTH 16'25'59" WEST,
13. NORTH 73°34'01" WEST,
14. NORTH 16~25'59'' EAST,
A DISTANCE OF 17.50 FEET;
A DISTANCE OF 135.00 FEET;
A DISTANCE OF 17.24 FEET;
A DISTANCE OF 85.00 FEET;
A DISTANCE OF 20.15 FEET;
15. NORTH 73°34'01" WEST,
16. SOUTH 16°25'59" WEST,
17. NORTH 73°34'01" WEST,
18. NORTH 16°25'59" EAST,
19. NORTH 73°34'01" WEST,
A DISTANCE OF 151.00 FEET~
A DISTANCE OF 18.43 FEET;
A DISTANCE OF 85.00 FEET;
A DISTANCE OF 26.29 FEET;
A DISTANCE OF 20.00 FEET
TO THE
TRACT 27827-2;
THENCE WESTERLY ALONG THE NORTHERLY
FOLLOWING
I.
2.
3.
4.
5.
6.
7.
8.
9.
10.
1t.
ELEVEN COURSES:
NORTH 73°34 01"
SOUTH 16° 25 59"
NORTH 73°34
SOUTH 16'25
NORTH 73'34
SOUTH 16°25
WEST,
WEST,
01" WEST,
59" WEST,
01" WEST,
59" WEST,
NORTH 73" 34 01" WEST,
NORTH 16°25'59" EAST,
NORTH 73° 34'01" WEST,
SOUTH 16° 25'59" WEST,
NORTH 73~34'01" WEST,
POINT OF BEGINNING.
LINE OF SAID TRACT 27827-2 THE
A DISTANCE OF 131.00 FEET;
A DISTANCE OF 4.26 FEET;
A DISTANCE OF 105.00 FEET;
A DISTANCE OF 33.80 FEET;
A DISTANCE OF 131.00 FEET;
A DISTANCE OF 86.20 FEET;
A DISTANCE OF 85.00 FEET;
A DISTANCE OF 6.33 FEET;
A DISTANCE OF 155.00 FEET;
A DISTANCE OF 16.33 FEET~
A DISTANCE OF 85.00 FEET TO THE
NORTHWEST CORNER OF LOT "F" OF SAID TRACT 27827-1,
BEING ALSO THE NORTHEAST CORNER OF LOT 18 OF SAID
KXI~R1T eDe
Reque rot Notice of Dernul nder Developmen A reemen
Development Agreement:
Amendment and Restatement
of Development Agreement
Specific Plan lqo. 164. Roripaugh
Planning Application No. 940017
To: City G~k and Planning Director, City of Temecula
Pursuant to Section 6(b) and (c) of the above-referenced Amendment and Restatement
of Development Agreement, request is hereby made by
as Mortgagee for the property (or portion thereof) to L~ceive
copies of any Notice of Default issued by City against Owner in accordance with the terms
and conditions of such Amendment and Restatement of Development Agreement. Copies of
any such Notices should be mailed to the following address:
(Mortgagee)
purson/Depar enO
(Address)
(City/State/Zip)
(Telephone No. )
A copy of this Notice should be ~ed with the project fie to insure proper and timely
notice is given. Under the terms of said Amendment and Rt~fstemem of Development
Agreement, as Mortgagee is entitled to receive copies of any Notice of
Default within ten riO) days of sendln_* any such Notke to Owner. Fafiure to send a~v
such Notice nmv have serious legal conseouences for the City.
This request is to remain in effect until revoked by as
Mortgagee or the Amendment and Restatement of Development Agreement is terminated.
The person executing this document on behalf of said Mortgagee warrants and
represents that the entity he/she represents is a bonafide Mortgagee of said property and is
enti~ed to receive copies of Notices of Default under said Amendment and Restatement of
Development Agreement.
The undenigned declares the above information is true and correct under the penalty
of perjury under the laws of the State of California.
Dated: _, 1994.
MORTGAGI~-~-
- By:
(signature)
Its:
[Notary required]
This Notice is to be sent to both the City Clerk and Planning Director for the City of
Temecula at 43174 Business Park Drive, Temecula, California 92590 or such other location
as Temecula City Hail may b~ located in the future.
-2-
i
<
A'I'I'ACHMENT NO. 6
EXHIBITS
R:\STAFFP, PT~17PA94.IS 9/15194 ~ 29
CITY OF TEMECULA
SZT~
CASE NO. - PA94-0017 DEVELOPMENT AGREEMENT FOR TRACT 27827
EXHIBIT - A VICINITY MAP
PLANNING COMMISSION DATE - SEPTEMBER 19, 1994
CITY OF TEMECULA
EXHIBIT B - ZONING MAP
DESIGNATION - SP (SPECIFIC PLAN)
M
I RH .t,d' RH
· /_____ .....
EXHIBIT C - GENERAL PLAN
DESIGNATION - MEDIUM DENSITY RESIDENTIAL (7 TO 12 DWELLING UNITS PER ACRE)
CASE NO.- PA94-0017 DEVELOPMENT AGREEMENT FOR TRACT 27827
PLANNING COMMISSION DATE - SEPTEMBER 19, 1994
CITY OF TEMECULA
CASE NO. - PA94-0017 DEVELOPMENT AGREEMENT FOR TRACT 27827
EXHIBIT- D TRACT MAP 27827
PLANNING COMMISSION DATE - SEPTEMBER 19, 1994
R:~STAFFR/rI~I7PA94.1S 9113/94 tjs