HomeMy WebLinkAbout101695 PC AgendaTIf~IECULA PLANNING COMMISSION
October 16, 1995, 6:00 PM
Rancho California Water District's
Board Room
42135 Winchester Road
Temecula, CA 92390
C~JJ- TO ORDER:
ROLL CALL:
Fahey, Miller, Slaven, Webster and Ford
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address the commissioners on items that
are not listed on the Agenda. Speakers are limited to three (3) min:lt~; each. If you desire to speak to
the Commissioners about an item not listed on the Agenda, a pink "Request to Speak" form should be
filled out and filed with the Commission Secretary.
When you are called to speak, please come forward and state your name and address.
For all other agenda items a "Request to Speak" form must be filed with the Planning Secretary before
Commission gets to that item. There is a three (3) minute time limit for individual speakers.
COMMISSION BUSINESS
1. Approval of Agenth
2. Director's Hearing Update
PUBLIC HEARING ITEMS
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Planner:
Recommendation:
PA95-0078
CCL/BCI
Rancho California Road and Promenade Chardonnay Hills Road
A request for approval of a Development Agreement to reduce
development impact fees payable to the City and establish a time
schedule to complete the Recreation Center.
Negative Declaration
Saied Naaseh
Recommend Approval
Case No.:
Applicant:
Planner:
Recommendation:
Devdopmoot Code
City of Temecula
John Meyer
Recommend Approval
PLANNING DIRECTOR'S REPORT
PLANNING COMMISSION DISCUSSION
OTI~--R BUSINESS
Next meeting: November 6, 1995 - Regular Harming Commition meeting
ADJOURNMENT
ITEM #2
MEMO~
TO:
FROM:
DATE:
SUBJECT:
plnnnin~ Commission
Gary Thornhill, Community Development Director
October 16, 1995
Dimctor's Hearing Case Update
The following cases were appmved at the planning Director' s Hearing in September 1995:
September 14
September 21
September 28
PA95-0059
· Single Story Bank Building
Architects Coombs - Mesqnita, Inc.
PA94-0118
· TPM 28049, Condominium Subdivision
Quality Associates
PA95-0053
· Revision to an Appmved Tentative Map NWC of Lyndie 1-qne and
Rancho California Road
Rancho Commercial Center, A California Limited Partnership
Attachment:
1. Action Agendas for September 1995 - Blue Page 2
ATTACHMENT NO. 1
ACTION AGENDAS
ACTION AGENDA
TE1VIECULA DIRECTOR'S I~,ARING
REGULAR MI~,I~,TING
SEPTEMBER 14, 1995 1:30 PIVI
TEMECULA CITY HAT J, - MAIN CONFERENCE ROOM
43174 Busin~s Park Drive
Temecula, CA 91590
CALL TO ORDER:
Debbie Ubnoske, Planning Manager
PUBLIC COM1V[ENTS
A total of 15 minutes is provided so members of the public can address to the Senior Planner
on items that axe 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 ngt listed on the Agenda, a pink
"Request to Speak" form should be fried out and fried with the Senior Planner.
When you axe called to speak, 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. Them is a three (3) minute time limit for individual speakers.
PUBLIC B'F. ARING
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Case Planner:
Recommendation:
ACTION:
ADJOURNMENT
PA95-0059
Architects Coorobs * Mesquita, Inc.
Southwest Corner of Ynez Road and Winchester Road
Construction of a single story bank building with drive up
tellers and modification to existing parking lot.
Reaffirm previously adopted negative declaration for Plot Plan
No. 2, Revised Permit No. 1, Amendment No. 1
Stephen Brown
Approval
APPROVED
R:\DH~I~EAR~AGENDAXg-14-95.AGN 9/14/95
ACTION AGENDA
TEiVIECIHdI_ DIRECTOR'S WI~.ARING
REGULAR IV~.~'-TING
SEPTEIVIBER 21, 1995 1:30 P1VI
TEMECULA CITY H~Tff, - MAIN CONFERENCE ROOM
43174 Business Park Drive
Temecula, CA 92590
CAtJ, TO ORDER:
Debbie Ubnoske, p|annlrlg Manager
PUBLIC COIVIME~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 not listed on the Agenda, a pink
"Request to Speak" form should be filled out and filed with the Senior Planner.
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 Senior Planner
before that item is heard. There is a three (3) minute time limit for individual speakers.
PUBLIC FI'F. ARING
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Case Planner:
Recommendation:
Planning Application No. 94-0118 (Tentative Parcel Map No.
28049)
Quality Associates, Inc.
West of Pujol Street, appro~dmately 2,200 feet south of the
intersection of 1st and Pujol Streets
A one parcel condominl.m subdivision
Categorical Exemption
Matthew Fagan
Approval
ACTION:
CONTI1N'trF~ TO OCTOBER 5, 1995 DIRECTOR'S
ltFARING
ADJOURNMI~T
ACTION AGENDA
TEMECULA DIRECTOR'S FFF~AR.ENG
REG~ MEETING
SEPTEMBER 28, 1995 1:30 PM
TEMECULA CITY HALL - MAIN CONFERF~NCE ROOM
43174 Business Park Drive
Temecula, CA 92590
CALL TO ORDER:
John Meyer, Senior Planner
PUBLIC COMMENTS
A total of 15 minutes is pmvidecl so members of the public can addiess 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_St listed on the Agenda, a pink
"Request to Speak" form should be fried out and fried with the Senior Planner.
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 Senior Planner
before that item is heard. There is a three (3) minute time Limit for individual speakers.
PUBLIC HF. ARING
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Case Planner:
Recommendation:
Planning Application No. 95-0053 and subsequent development
projects
Randno Commercial Center, A California Limited Partnership
Northwest corner of Lyndie Lane and Randno California Road
A revision to an approved tentative map from three (3) to seven
parcels and subsequent development of 73,000 square feet of
commercial development on the parcels.
Mitigated Negative Declaration
Matthew Fagan
Approval
ACTION:
AlPROVED
ADJO~
R:I.DtR~F-AR~AGF_NDA\9-28-95.AGN 9128195
ITEM #3
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
October 16, 1995
Planning Application No.: PA95-0078
Amendment and' Restatement of Development Agreement No. 5 for
Final Tract Maps 23100 - 1,23100 -2, 23100-3, 231004, 23101-2, and 23101-3, within
Specific Plan No. 199.
Prepared By: Saied Naaseh, Associate Planner
RECOMMENDATION:
The Planning Department Staff recommends the Planning
Commission:
1. ADOPT the Negative Declaration for PA95-0078; and
ADOPT Resolution No. 95- recommending approval of
PA95-0078 by City Council, based upon the Analysis and
Findings contained in the Staff Report.
APPLICATION INFORMATION
APPLICANT:
BCI/CCL
REPRESENTATIVE:
Charles Kluger
PROPOSAL:
A Request for Approval of a Development Agreement for Final
Tract Maps 23100-1, 23100-2, 23100-3, 23100-4, 23101-2,
and 23101-3, within Specific Plan No. 199.
LOCATION:
Located at Rancho California Road and Promenade Chardonnay
Hills Road
EXISTING ZONING:
SP (Specific Plan)
SURROUNDINGZONING:
North:
South:
East:
West:
SP (Specific Plan)
SP (Specific Plan)
SP (Specific Plan)
SP (Specific Plan)
PROPOSED ZONING:
N/A
GENERAL PLAN
DESIGNATION:
Low Medium Density Residential (3 to 6 dwelling units per acre)
EXISTING LAND USE: Vacant
SURROUNDING
LAND USES:
North:
South:
East:
West:
Single Family Dwellings
Single Family Dwellings
Single Family Dwellings
Single Family Dwellings
PROJECT STATISTICS
Number of Lots:
Existing Development Agreement Fee:
Proposed Development Agreement Fee:
111
e5,271.00/Unit
$3,000.00/Unit
BACKGROUND
On November 7, 1988 Development Agreement No. 5 was approved by the County of
Riverside for the Margarita Village Specific Plan (S.P. 199) which includes Tracts 23100-1,
23100-2, 23100-3, 23100-4, 23101-2, and 23101-3. BCI/CCL was the silent partner with
Bramalea in the Chardonnay Hills tract (refer to Exhibit A for the Vicinity Map). BCI/CCL has
taken over the partnership and will be building out the tract. Recently BCI/CCL approached
the City to execute an Amendment and Restatement of this Development Agreement in order
to receive a reduction in the Development Agreement fees.
As a first step in the process, the City and the developer entered into a Memorandum of
Understanding (MOU) 0n September 12, 1995 which was included for the Planning
Commissions' information with the August 21, 1995 Packet (refer to Attachment No. 4 for
the City Council Staff Report and the MOU). This MOU authorizes the collection of $3,000.00
per unit Interim Public Facility Fee when the owners obtain a Certificate of Occupancy for the
first production home built in the project. Moreover, the developer has committed to complete
the Recreation Center on or about December 10, 1995. This Recreation Center has been the
center of controversy since the original developer, Bramalea, did not complete it in a timely
manner consistent with the Conditions of Approval. These commitments set the foundation
for the Amended and Re-Stated Development Agreement.
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 the Regional Parkland Fee, Habitat Conservation Fee, and Public Services Offset Fee.
Interim Public Facilities Fee
The Amended and Re-Stated Development Agreement has a duration period of ten (10) years
and applies to the following Tracts: 23100-1,23100-2, 23100-3, 23100-4, 23101-2, and
23101-3. These tracts contain 111 single family lots. The Interim Public Facilities Fee will
be S3,000.00 per unit and will be paid for the first five (5) years of the term of the
Agreement. After this period, the developer will either continue to pay the Interim Public
Facility Fee of $3,000.00 or such other Public Facilities Fee adopted by the City and applied
to other residential projects.
ANALYSIS
Fees
The existing approved Development Agreement No. 5 fee includes the following fees:
Public Facilities Fee
Regional Parkland Fee
Habitat Conservation Fee
Public Services Offset Fee
$2,331.00
9431.00
9320.00
92,189.00
Total Development Agreement Fee $5,271.00
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 covering the agreement become part of a city. That section provides that the
Regional Parkland Fee ($431.00), and the Habitat Conservation and the Open Space Land Fee
(9320.00)would continue to be fully payable to the County. Additionally, two-thirds (2/3) of
the Public Services Offset Fee (92,189.00)and 5.3% of the Public Facilities Fee (92,331.00)
would be payable to the County. Therefore, according to the County, a total of 92,333.87
is payable to the County from the 95,271.00 Development Agreement Fee, leaving $2,937.13
as the City's portion of this fee. The proposed $3,000.00 Interim Public Facilities Fee is
greater than $2,937.13, City's portion of the existing Development Agreement Fee, should
the County interpretation of the fees be used.
However, the City Attorney 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, it is the City Attorney's opinion that the County is no longer entitled to any fees
under the Development Agreement.
Recreation Center
As a part of the MOU and the Development Agreement, the developer has committed to
complete the Recreation Center on or about December 10, 1995. To insure the completion
of the Recreation Center by this date, the developer and staff have agreed on a construction
schedule that ties the completion of the Recreation Center to the inspections of the production
homes. The following two milestones are set:
Production home slab pours cannot start until the Tennis
Court is poured and framing inspection is completed on
the pool equipment building on or about October 9, 1995.
e
Framing inspections for production homes cannot start
until a final clearance is issued for the Recreation Center
site on or about December 10, 1995.
For a complete construction schedule refer to Attachment No. 5.
EXISTING ZONING AND GENERAL PLAN DESIGNATION
This project is consistent with the General Plan since the General Plan currently designates the
site as Low Medium Density Residential and the approved development project which is
implemented by this Development Agreement is consistent with this designation. This project
is consistent with Specific Plan No. 199, since the development project which is implemented
by this Development Agreement meets all the requirements of this Specific Plan.
ENVIRONMENTAL DETERMINATION
A Initial Study was prepared for this project and it revealed no significant impacts. Therefore,
Staff recommends adoption of a Negative Declaration (refer to Attachment No. 3 for a copy
of the Initial Study).
SUMMARY/CONCLUSIONS
Since other projects have received reductions in Development Agreement fees, Staff supports
approval of this project.
FINDINGS
The Amendment and Restatement of Development Agreement No. 5 is consistent with
the objectives, policies, general land uses, and programs specified in the City of
Temecula'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 Low Medium Density
Residential.
The Amendment and Restatement of Development Agreement No. 5 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. This Development Agreement is
consistent with good planning practices by providing for the opportunity to develop the
Property consistent with the General Plan.
The Amendment and Restatement of Development Agreement No. 5 is in conformity
with the public convenience, general welfare, and good land use practice because it
makes reasonable provision for a balance of housing opportunities compatible with the
remainder of the City.
The Amendment and Restatement of Development Agreement No. 5 will not be
detrimental to the health, safety, or general welfare because it provides adequate
assurances for the protection thereof.
Notice of the public hearing before the Planning Commission was published in a
newspaper of general circulation at least twenty (20) days before the Planning
commission public hearing, and mailed or delivered at least twenty (20) days prior to
the hearing to the project applicant and to each agency expected to provide water,
R:',Sl'AFFP, P~78PA95.PC 9/26/95 m 4
sewer, schools, police protection, and fire protection, and to all property owners within
six hundred feet (600') of the property as shown on the latest equalized assessment
roll.
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.
The Amendment and Restatement of Development Agreement No. 5 complies with the
goals and objectives of the Circulation Element of the General Plan. 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.
The Amendment and Restatement of Development Agreement No. 5 complies with
requirements of the zoning district in which the applicant proposes to develop in that
the Specific Plan zoning of Medium Density Residential is consistent with the Low
Medium Density Residential General Plan Land Use Designation.
The benefits that will accrue to the people of the City of Temecula from this legislation
and this Amendment and Restatement of Development Agreement No. 5 are as
follows:
City and Owner acknowledge that development of the Project will result in:
a. Generation of municipal revenue;
b. Construction of Public infrastructure facilities;
Enhancement of the quality of life; including residential opportunities for present
and future residents of the City;
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); and,
f. Participation in special assessment districts to finance City and regional
infrastructure improvements.
Attachments:
2.
3.
4.
PC Resolution No. 95-__ - Blue Page 6
Ordinance No. 95- - Blue Page 10
initial Study - Blue Page 15
City Council Staff Report for the Memorandum of Understanding, September 12, 1995- Blue
Page 30
Construction Schedule - Blue Page 31
Proposed Amendment and Restatement of Development Agreement No. 5 - Blue Page 32
Exhibits - Blue Page 33
A. Vicinity Map
ATTACHMENT NO. 1
PC RESOLUTION NO. 95-
ATTACHMENT NO. 1
PC RE~0LUTION NO. 9~-
RE~OLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA RECOMMENDING APPROVAL BY THE CITY COUNCIL
OF AIVIENDIMYNT AND RESTATEMENT OF DEVELOPMENT
AGREEMENT NO. 5 BETWEEN THE CITY OF TEME, CULA AND
BCI/CCL FOR FINAL TRACT MAPS NO. 23100-1, 23100-2, 23100-3,
231004, 23101-2, and 23101-3, WITHIN SPECIFIC PLAN NO. 199
(PLANNING APPLICATION NO. PA95-0078).
THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES I-I~ERY
RESOLVE AS FOLLOWS:
WHEREAS, the Planning Commission of the City of Temecula has received an
application for an Amendment and Restatement of Development Agreement No. 5, Specific Plan
No. 199, "Margarita Village," Planning Application No. PA95-0078, (hereinafter "Development
Agreement"); and,
WHEREAS, the Planning Commission held a noticed public hearing on October2, 1995,
on the issue of recommending approval or denial of the Development Agreement.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES FIND AS FOLLOWS:
Section 1. That the Planning Commission recommends that the City Council adopt and
approve the Ordinance approving the Development Agreement, Attachments "A" and "B",
respectively, attached hereto and incorporated herein by this reference, subject to the Conditions
of Approval attached hereto as Attachment "C" and incorporated herein by this reference as set
forth in full herein.
Section 2. That in recommending the adoption by the City of the Ordinance approving
the Development Agreement, 'the Planning Commission hereby makes the following findings:
(a) The Development Agreement is consistent with the objectives, policies,
general land uses, and programs specified in the City of Temecula'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 low-
medium density residential; and,
Co) The project subject to the Development Agreement is compatible with the uses
authorized in, and the regulations prescribed for, the Specific Plan Zone district in which the
Property subject to the Development Agreement is located, 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:~TAFFRP'~7gPA95.PC 9F26~95 m 7
(c) 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,
(d) The Development Agreement will not be detrimental to the health, safety,
or general welfare because it provides adequate assurances for the protection thereof; and,
(e) Notice of the public heating before the Planning Commission was
published in a newspaper of general circulation at least ten (10) days before the Planning
Commission public hearing, and mailed or delivered at least ten (10) 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 (300') of
the property as shown on the latest equalized assessment roll; and,
(I) Notice of the public hearing before the Planning Commission included the
date, time, and place of the public heating, the identity of the hearing body, a general
explanation of the matter to be considered, a general description and text or diagram of the
location of the real property that is the subject of the hearing, and of the need to exhaust
administrative remedies; and,
(g) 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,
(h) The Development Agreement complies with requirements of the zoning
district in which the applicant proposes to develop in that the Medium Density Residential is
consistent with the Low Medium Residential General Plan Land Hse Designation; and,
(i) 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
1. Generation of municipal revenue;
2. Construction of public infrastructure facilities;
3. Acceleration of both the timely development of subject property as well
as the payment of municipal revenue;
4. Enhancement of quality of life for surrounding residents with the timely
development through the elimination of dust and nuisance of partially improved lots;
5. Payment of Public Facility Fees (fire, library, traffic signal mitigation,
development and RSA); and,
Section 3. The Secretary of the Planning Commission shall cause this Resolution
to be transmitted to the City Council for further proceedings in ac, c, ordanc~ with State law.
Section 4. PASSED, APPROVED AND ADOPTED this __ day of
,1995.
STEVEN J. FORD
CHAIRMAN
I 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 __ day of __
, 199_, by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
GARY THORNHILL
SECRETARY
ATTACHMENT NO. 2
ORDINANCE NO. 95-
R:',STAFFRPT~78PA95,PC 9/26/95 sn 10
-A'I'TACHMENT NO. 2
ORDINANCE NO. 95- ~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALWORNIA, APPROVING AN AMENDlVlT~NT AND
I~F-~TATF. AMENT OF DEVELOPMENT AGI~F~EMF_,NT NO. S BETWF~N
THE CITY OF TEMECULA AND BCI/CCL FOR FINAL TRACT MAPS
NO. 2~100-1, 2~100-2, 25100-3, 25100-4, 2~101-2, AND 2~101-~, WITHIN
SPECH~IC PLAN NO. 199 (PLANNING APPLICATION NO. PA95-0078).
WHEREAS, Section 65864 et seq. of the Government Code of the State of California
and Temecula City Resolution No. 91-52 authorize the execution of agreements establishing and
maintaining requirements applicable to the development of real property; and,
WHEREAS, in accordance with the procedure specified in said Resolution, BCI/CCL,
a California Limited Partnership, hereinafter "BCI/CCL" has filed with the City of Temecula
an application for a Development Agreement which reflects an amendment and restatement of
existing County Development Agreement No. 5 (hereinafter "this Agreement"), of a residential
housing subdivision on its property for Tracts 23100-1 (8 lots), 23100-2 (15 lots), 23100-3 (28
lots), 23100-4 (23 lots), 23101-2 (28 lots), 23101-3 (9 lots), hereinafter the "Subject Property"
which application has been reviewed and accepted for filing by the Community Development
Director; and,
WHEREAS, notice of the City's intention to consider adoption of this Agreement with
BCI/CCL, has been duly given in the form and manner required by law, and the Planning
Commission and City Council of said City have each conducted public hearings on October 2,
1995 (Planning Commission), and October 24, 1995 (City Council) at which time it heard and
considered all evidence relevant and material to said subject.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. FINDINGS. The City Council hereby finds and determines, with respect
to this Agreement by and between the City of Temecula and BCI/CCL, that it:
A. Is consistent with the objectives, policies, general land uses, and programs
specified in the City of Temecula's General Plan in that this Agreement makes reasonable
provision for the use of certain real property for residential development consistent with the
General Plan's land use designation of low-medium density residential;
B. Is compatible with the uses authorized in, and the regulations prescribed for, the
land use district in which the Subject Property referred to heroin is located as this Agreement
provides for residential development pursuant to a Specific Plan;
R:~TAFFRF~78PA95.PC 9/26/95 sn ~ ~
C. 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;
D. Will not be detrimental to the health, safety, or general welfare because it
provides adequate assurances for the protection thereof;
E. 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
hearing, and mailed or delivered at !e~t ten (10) 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 six hundred feet (600') of the property as
shown on the latest equalized assessment roll;
F. Notice of the public hearing before the Planning Commission included the date,
time, and place of the public hearing, the identity of the heating body, a general explanation of
the matter to be considered, a general description in text or diagram of the location of the real
property that is the subject of the hearing, and of the need to exhaust administrative remedies;
G. Notice of the public hearing before the City Council was published in a newspaper
of general circulation at least ten (10) days prior to the City Council public hearing, mailed at
least ten (10) days prior to the hearing to the project applicant, to each agency expected to
provide water, sewer, schools, police protection, and fire protection, and to all property owners
within six hundred feet (600') of the property as shown on the latest equalized assessment roll;
H. Notice of the City Council hearing included the date, the time, and place of the
public hearing, the identity of the hearing body, the general explanation of the matter to be
considered, a general description in text or by diagram of the location of the Property that is the
subject of the hearing, and the notice of the need to exhaust administrative remedies;
I. City Council approved this Agreement by Ordinance based upon evidence and
findings of the Planning Commission and new evidence presented at its hearing on this
Agreement, giving its reasons therefor and setting their relationship between this Agreement and
the General Plan;
K. The benefits that will accrue to the people of the City of Temecula from this
legislation and this Agreement are as follows:
1. Generation of municipal revenue;
2. Construction of public infrastructure facilities;
3. Acceleration of both the timely development of subject property as well
as the payment of municipal revenue;
4. Enhancement of quality of life for surrounding residents with the timely
development through the elimination of dust and nuisance of partially improved lots;
R:~,~TAFFRPT%78PA95.PC 9/26/95
5. Payment of Public Facility Fees (fire, library, traffic signal mitigation,
development and RSA); and,
6. Help ensure solvency of Assessment District 159 and Community Facilities
District 88-3 as Van Daele has elected to use legislation to help offset burden to pay off each
of theso districts for subject property in their entirety and theso districts finance City and
regional improvements.
Section 2. APPROVAL. This Agreement, attached hereto and incorporated herein
by this reference as Attachment "1" is hereby approved. The Mayor is authorized and directed
to evidence such approval by executing this Agreement for, and in the name of, the City of
Temecula; and the City Clerk is directed to attest thereto; provided, however, that this
Agreement shall not be executed by the City until this Ordinance takes effect and the City has
received from the applicant two executed originals of said Agreement.
Section 3. SEVERABILITY. The City Council hereby declares that the provisions
of this Ordinance are severable and if for any reason a court of competent jurisdiction shah hold
any sentence, paragraph, or section of this Ordinance to be invalid, such decision shah not affect
the validity of the remaining parts of this Ordinance.
Section 4. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption
of this Ordinance and shall cause the same to be posted as required by law.
Section 5. This Ordinance shall be in full force and effect thirty (30) days after its
passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall
publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shah
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 shah 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 6. PASSED, APPROVED AND ADOPTED this day of ,1995.
Jeffrey E. Stone, Mayor
ATTEST:
June S. Greek, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF TEMECULA)
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. __ was duly introduced and placed upon its first 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 on the
day of 199_, by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
June S. Greek, City Clerk
R:~TAFFRir~78PAg~.PC 9/'26/95 sn 'J 4
ATTACHMENT NO. 3
INITIAL STUDY
City of Temecula
Planning Department
Initial Environmental Study
I. BACKGROUND INFORMATION
1. Name of Projea:
Chardonnay Hills
2. Case Numbers:
planning Application No. PA95-0023 (Amendment and Restatement
of Development Agreement No. 5)
3. Location of Pr~ect:
Located at Rancho California Road and Promenade Chardonnay
Hills Road
4. Description of Project:
5. Date of Environmental
Assessment:
A Request for Approval of a Development Agreement for Final
Tract Maps 23100-1, 23100-2, 23100-3, 231004, 23101-2, 23101-
3, within Specific Plan No. 199.
August 23, 1995
6. Name of Proponem: BCI/CCL
Address and Phone
Number of Proponent:
2010MainS~eet, Suite960
Irvine, CA 92714
ENVIRONMENTAL IMPACTS
(Explanations to all the answers are provided in Section Ill)
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 wpography or ground surface relief futures?
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?
Ye~ Maybe No
X
X
_ _ X
_ _ X
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. Aimration 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 runoffT.
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 turbidity7
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?
MaVt
X
X
X
X
R:~STAFFRICX78PA9,~.l:'C 9F'25/95 m '] 7
Yes Maybe N__o
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?
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. I~qnd 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?
X
X
X
X
X
X
X
X
X
R:x, STAFFRPT~75PA95.P~ 9/25195
Y~ Maybe No
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 natural resource?
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,
off or radiation)?
b. The use, storage, transport or disposal of any hazardous or toxic
materials (including, but not limited to oil, pesticicles, 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
p~destriaus?
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
X
X
X
X
X
X
b. Police protection?
c. Schools?
d. Parks or other recreational facilities?
e. Maintenance of public facilities, including roads?
f. Other governmental services:
Y~ Maybe N__o
X
X
X
X
X
15. Energy. 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 natoral gas? __
b. Communications systems? _
c. Water systems? _
d. Sanitary sewer systems or septic tanks? __
e. Storm water drainage systems? __
f. Solid waste disposal systems? __
g. Will the proposal result in a disjointed or inefficient pattern of
utility delivery system improvements for any of the above? __
17. Human Health. Will the proposal result in:
a. The creation of any health hazard or potential health hazard? _
b. The exposure of people to potential health hazards, including
the exposure of sensitive receptors (such as hospitals and
schools) to toxic pollutant emissions? __
18. Aesthetics. Will the proposal result in:
a. The obstruction of any scenic vista or view open to the public? _
b. The creation of an aesthetically offensive site open to public view? __
X
X
X
X
X
X
X
X
X
X
X
X
X
R:~STAFFRFI178PA95.PC 9/2~/95 sn 20
19.
20.
c. Detrimental visual impacts on the surrounding area?
Rea'eation. Will the proposal result in an impaa upon the quality or
quantity of existing recreational resources or opportunities?
Cultural Resources. Will the proposal result in:
a. The alteration or desu'uction of any paleontologic, prehistoric,
archaeological or historic site?
b. Adverse physical or aesthetic effects to a prehistoric or historic
building, sn'ucture, or object?
c. Any potential to cause a physical change which would affect
uniqlle ethnic cultural values?
d. Restrictions to existing religious or sacred uses within the
potential impact area?
Yes Mayb~ No
X
HI. DISCUSSION OF 'J'm-mm~: NVIRON1VIENTAL IMPACTS
1 .a.d.
No. The project will not result in unstable ea~ 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 are anticipated since all the
impacts from the construction of this site will be mitigated through the conditions of approval for
Tract 23100 and 23101 and the mitigation measures proposed by Environmental Impact Report 202
prepared for the Margarita Village Specific Plan.
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 will be mitigated through the conditions of approval for
Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report
prepared for the Margarita Village Specific Plan.
1 .c.g.
No. The project will not result in change in topography or ground 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
will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation
measures proposed for the Environmental Impact Report prepared for the Margarita Village
Specific Plan.
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
will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation
measures proposed by Environmental Impact Report prepared for the Margarita Village Specific
Plan.
1 .h.i.
No. The project will not result in exposure of people or property to geologic hazards such as
earthquakes or liquefaction since the General Plan EIR and the Margarita Village Specific Plan
EIR do not identify the site in being in any of these areas. No impacts are anticipated since all
the impacts from the construction of this site will be mitigated through the conditions of approval
for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact
Report prepared for the Margarita Village Specific Plan.
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 since all the impacts from the construction of this site will be mitigated through the
conditions of approval for Tract No. 23100 and 23101 and the mitigation measures proposed by
the Environmental Impact Report prepared for the Margarita Village Specific Plan.
2.b.c.
No. The project will not create objectionable odors or cause alteration of air movement,
temperature 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 will be mitigated through the conditions of approval for Tract 23100 and
23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the
Margarita Village Specific Plan.
Water
3.a.c.d.
e.f.g.h.
i.
No. The pwject 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
mount 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 mount of water otherwise available for public water
supplies, or exposure of people or property to water related hazards such as flooding since the
projea does not involve any construction. No impacts are anticipated since all the impacts from
the construction of this site will be mitigated through the conditions of approval for Tract 23100
and 23101 and the mitigation. measures proposed by the Environmental Impact Report prepared
for the Margarita Village Specific Plan.
3.b.
No. This project will not cause changes in absorption rates, drainage patterns; or the rate and
mount 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 will be mitigated through the
conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the
Environmental Impact Report prepared for the Margarita Village Specific Plan.
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 will be mitigated
through the conditions of approval for Tract 23100 and 23101 and the mitigation measures
proposed by the Environmental Impact Report prepared for the Marrgarita Village Specific Plan.
4.c,
No. This project will not introduce new species of plants since the project does not involve any
landscaping. No impacts are anticipated since all the impacts from the construction of this site will
be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation
measures proposed by the Environmental Impact Report prepared for the Margarita Village
Specific Plan.
5.a.
No. The projea will not cause a change in the diversity of species, or numbers of any species of
animals since the project does not involve any land alteration. No impacts are anticipated since
all the impacts from the construction of this site will be mitigated through the conditions of
approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental
Impact Report prepared for the Margarita Village Specific Plan.
5.b.c.
d.e.
No. The project will not cause a reduction in numbers of any unique, rare, threatened, or
andangered species of nnimA|5, introduction of now wildlife species inW the area, a barrier to the
migration or movement of animals or deterioration to existln5 fish or wildlife habitat since the
projea does not involve any land alteration. No impacts are anticipated sinco all the impacts from
the construction of this site will be mitigated through the conditions of approval for Tract 23100
and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared
for the Margarita Village Specific Plan.
Noise
6.a.
No. The project will not increase the existing noise levels since the project does not involve any
construction. No impacts are anticipated sinco all the impacts from the construction of this site
will be mitigated through the conditions of approval for Tract 23100 and 23 I01 and the mitigation
measures proposed by the Environmental Impact Report prepared for the Margarita Village
Specific Plan.
6.b.c.
No. The project will not expose people to severe noise or vibrations sinco the project does not
involve any construction. No impacts are anticipated since all the impacts from the construction
of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and
the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita
Village Specific Plan.
Light and Glare
No. The 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 conswuction of this
site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the
mitigation measures proposed by the Environmental Impact Report prepared for the Margarita
Village Specific Plan.
Land Use
8.a.
No. The project will not cause an alteration of the present land use of the area sinco the project
does not involve any construction. No impacts are anticipated since all the impacts from the
construction of this site will be mitigated through the conditions of approval for Tract 23100 and
23101 and the mitigation proposed by the Environmental Impact Report prepared for the Margarita
Village Specific Plan.
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 Low
Medium Density Residential sinco the project does not involve any construaion. No impacts are
anticipated since all the impacts from the construction of this site will be mitigated flawugh the
conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the
Environmental Impact Report prepared for the Margarita Village Specific Plan.
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 will be mitigated through the conditions of approval for Tract 23100
and 23101 and the mitigalion measures proposed by the Environmental Impact Report prepared
for the Margarita Village Specific Plan.
Risk of Unset
lO.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 all the impacts from the construction of this site will
be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation
measures proposed by the Environmental Impact Report prepared for the Margarita Village
Specific Plan.
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 impac~.s are
anticipated since all the impacts from the construction of this site will be mitigated through the
conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the
Environmental Impact Report prepared for the Margarita Village Specific Plan.
Population
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 since all the impacts from
the construction of this site will be mitigated through the conditions of approval for Tract 23100
and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared
for the Margarita Village Specific Plan.
Honsin~
12.
No. The project will not affect existing housing and cream a demand for new housing since the
project does not involve any consu-uction. No impacts are anticipated since all the impacts from
the construction of this site will be mitigated through the conditions of approval for Tract 23100
and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared
for the Margarita Village Specific Plan.
Transportation/Circulation
13.a.f.
No. The project will not generate daily trips, increase traffic hazards to motor vehicles, bicyclists
or pedestrians since the projea does not involve any construction. No impacts are anticipated
since all the impacts from the construction of this site will be mitigated through the conditions of
approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental
Impact Report prepared for the Margarita Village Specific Plan.
R:~TAF~RPT~TSPA95.PC 9/2~195 an 2~
13.b.c.d.
e.
No. The project will not create additional demand on parking, cause a substantial impact on
existing transportation systems, alterations to present patterns 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
will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation
measures proposed by the Environmental Impact Report prepared for the Margarita Village
Specific Plan.
Public Services
14.a.b.c.
d.e.f.
No. The project will not have a substantial impact on fire protect:on, 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 will be mitigated
through the conditions of approval for Tract 23100 and 23101 and the mitigation measures
proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan.
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 will be mitigated through the conditions of approval for Tract 23100 and 23101 and
the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita
Village Specific Plan.
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 not involve any construction. No impacts are anticipated since all the impacts from the
construction of this site will be mitigated through the conditions of approval for Tract 23100 and
23101 and the mitigation proposed by the Environmental impact Report prepared for the Margarita
Village Specific Plan.
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 consmlction of this site will be mitigated through the conditions of approval for Tract
23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report
prepared for the Margarita Village Specific Plan.
R:',,qTAFFi!F~7aPAg~.PC 9/2519~i m 26
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 pollutent emissions since the project does
not involve any construction. No impacts are anticipated since all the impacts from the
construction of this site will be mitigated through the conditions of approval for Tract 23100 and
23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the
Margarita Village Specific Plan.
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 will be mitigated through the
conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the
Environmental Impact Report prepared for the Margarita Village Specific Plan.
Recreation
19.
No. The project will not result in an impact upon the quality or quantity of existing reoreational
resources or opportunities since the project does not involve any construction. No impacts are
anticipated since all the impacts from the construction of this site will be mitigated through the
conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the
Environmental Impact Report prepared for the Margarita Village Specific Plan.
Cultural Resources
20.a.b.c.
d.
No. The project will not result in alteration or destruction of any paleonWlogic, prehisWric,
archeological or historic site, adverse physical or aesthetic effects to a prehistoric or hiswric
building, structure or object, any potential to cause a physical change which would affect unique
ethnic cultural 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 will be mitigamd through the conditions of approval for
Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report
prepared for the Margarita Village Specific Plan.
R:~STAFFRPT',TBpAg$.I'C 9/23/95 ~m 27
IV. MANDATORY FINDINGS OF SIGNIFICANCE
Does the projea 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 prehistory7
Yes Maybe No
X
Does the project have the potential to achieve short
term, to the disadvantage of long term, environmental
goals? (A short term impact on the environment is one
which occurs in a relatively brief, definitive period of
time while long term impacts will endure well into the
future.)
X
Does the project have impacts which are individually
limited, but cumulatively considerable? (A project's
impact on two or more separate resources may be
relatively small, but where the effect of the total of
those impacts on the environment is significant.)
X
Does the project have environmental effects which will
cause substantial adverse effects on human beings,
either directly or indirectly?
R:~TAFFRF~7gPA95.1~C 9/25/95
ENVIRONMENTAL D~-rE4cMINATION
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 potentially significant impa~ts 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
Saied Naaseh. Associate Planner
Name and Ti~e
August 23. 1995
Date
R:XSTAFFRFFX78pA9LPC 9/25/95
ATTACHMENT NO. 4
CITY COUNCIL STAFF REPORT
FOR THE MEMORANDUM OF UNDERSTANDING
SEPTEMBER 12, 1995
APPROVAL
CITY ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Gary Thornhill, Community Development Director
September 12, 1995
Memorandum of Understanding Concerning Specific Plan #199,
BCI/CCL
RECOMMENDATION:
It is requested that the City Council approve the Memorandum of Understanding, provided that
a construction schedule for the Recreation Center acceptable to the Community Development
Director is added to the MOU prior to execution, and direct the Mayor' to execute the
Agreement on behalf of the City and the City Clerk to attest thereto.
BACKGROUND:
BCI/CCL was the silent partner with Bramalea in the Chardonnay Hills tract (refer to
Attachment No. 1 for the Vicinity Map). BCI/CCL has taken over the partnership and will be
building out the tract. In Section I of the Memorandum of Understanding (MOU), BCI/CCL has
committed to completing the Recreation Center by November 15, 1995 and prior to issuance
of occupancy permits for any homes. The Recreation Center has been the center ~f recent
controversy since Bramalea did not complete it in a timely manner. TO insure the completion -
of the Recreation Center by the above deadline, staff recommends that the developer commit
to a construction schedule for the Recreation Center prior to execution of the MOU by the
Mayor. This schedule should also be made a part of the Development Agreement that will
follow the approval of this MOU.
ANALYSIS:
The attached MOU authorizes BCI/CCL to obtain building permits and occupancy permits for
homes in their development without payment of the Public Facilities Fees until such time as
the first production home obtains its Certificate of Occupancy. This provision is consistent
with previous approvals granted to similar projects in the City such as Cosrain Homes and Van
Daele Development Corporation. The City is currently negotiating a new Development
Agreement between the City and BCI/CCL for this project. Approval of this MOU will not
mandate that the City Council approve the draft Development Agreement. In the event that
the City Council denies the draft Development Agreement, the Memorandum of Understanding
provides that BCI/CCL will then pay the Public Facilities Fees as provided in the existing
Development Agreement No. 5.
This M0U will allow the development of homes in the BCI/CCL project to move forward in an
expeditious fashion. BCI/CCL is agreeing to pay an Interim Public Facility Fee in the amount
of $3,000.00 per unit.
The indemnity provisions of this MOU are the same as the MOU between the City and Van
Daele. The existing Development Agreement (Riverside County Development Agreement No.
5) contains very broad indemnity language sufficient to protect the City's interests. This MOU
contains adequate language protecting the City against any challenges to the fee issue.
The Planning Commission and City Council will be presented in the near future with the draft
Development Agreement, The terms of the draft Development Agreement will be subject to
extensive negotiations between the City and the developer.
FISCAL IMPACT:
Development Agreement No. 5 Fee:
interim Public Facilities Fee to be Collected:
111 Dwelling Units X $5,271 = S585,081
111 Dwelling Units X $3,000 = $333,000
Attachments:
Vicinity Map - Page 3
Memorandum of Understanding - Page 4
ATTACHMENT NO. 1
VICINITY MAP
R:k~rAFFR.P~,CCL.MOU 9/7/95
CITY OF TEMECULA
·
/-
CASE NO. - SPECIFIC PLAN NO. 199
ATTACHMENT- 1
CITY COUNCIL DATE - SEPTEMBER 12, 1995
VICINITY MAP
ATTACHMENT NO. 2
MEMORANDUM OF UNDERSTANDING
R:',~TAFFKF~,CCL.MOU 9Fh95 s~n 4
MEMORAI~UM OF UNDERST.4d~DI2'qG CONCERN~G
PLANNING AREA No. 14 OF SPECIFIC PLAN No. 199
BCI/CCL VENTURES No. I and No. 2
This Memorandum of Understanding, (the "Memorandum") is made
and entered into as of August __, 1995 by and between the City
of Temecula (the "Cit~') and BCI/CCL Venture No. 1, L.P.
("BCI/CCL No. 1") and BCI/CCL Venture No. 2, L.P. ("BCI/CCL No.
2"), both California limited partnerships (BCI/CCL No. 1 and
BCI/CCL No. 2 are collectively referred to a "Owner".)
RECITALS:
A. The City Council of the City of Temecula is reviewing and
considering, as provided by law, an Amendment and Restatement of
Development Agreement between City and Owner (the "Draft
Agreement").
B. Owner is developing a residential project in what is known
as Planning Area No. 14 of Specific Plan No. 199, Tract Nos.
23100-1 (8 lots); 23100-2 (15 lots); 23100-3 (28 10ts); 23100-4
(23 lots); 23101--2 (28 lots); and 23101-3 (9 lots) for a total of
Ili lots (collectively, the "Project"). The Project is currently
subject to Development AgTeement No. 5 between the Cou31ty of
Riverside (the "County") and Kaiser Development Company, a
California corporation; Mesa Homes, a California corporation;
Margarita Village Development Company, a California joint
venture comprised of Buie-Ranch California, Ltd., a California
limited partnership and Nevada Rancho California, Ltd., a
California limited partnership; and Tayco, a California general
partnership comprised of Taylor Woodrow Homes, Inc., a Delaware
corporation, and others dated Nove~Der 7, 1988 (the "Development
Agreement No. 5"), which requires O~ler to pay certain
development fees (the "Development Fee").
C. Riverside county Ordinance No. 659, as adopted by the City,
establishes public facilities and services impact fees for
residential development with City ("RSA Fees"). City requires
these revenues to mitigate the impact of development. City
requires RSA Fees from development of the Project in order to
complete capital projects to mitigate the impact of the
development.
D. As the result of meetings between representatives of the
City and representatives of the Owner, the City has agreed that
the Project would be eligible for a development fee reduction due
to: (i) the excessive level at which the County originally
calculated the Development Fee; and (ii) the entry level natuare
of the homes to be built in the Project.
\real \843\3006~O04\memcS. a~
E. Development Agreement No. 5 provided for public facilities
and services impact fees ("County Impact Fees") higher than the
RSA Fees. These bigher fees, par%icularly during the present
recession, unduly discourage and delay development and thereby
prevent City from ever receiving the RSA Fees. Consequently, the
City desires to reduce the County Impact Fees for residential
development in the Project to a level comparable to RSA Fees.
F. The Project has been substantially delayed by reason of
adverse market conditions and the pending bankruptcy of Bramalea
U.S.A., Owner's predecessor in interest. The parties intend by
this Agreement to facilitate new construction within the Project
during the remainder of 1995's selling season (late summer and
fall) in an effort to obtain lost market momentum for the
Project, and avoid the adverse consequences to the Project and
City resulting from further delays in implementing the Project.
G. The Draft Agreement provides for Owner to pay the sum of
Three Thousand Dollars ($3,000.00) for each residential unit as
the Interim Public Facilities Fee. The Draft Agreement provides
for the collection of any Interim Public Facilities Fee to be
deferred until such time as Owner obtained a certificate of
occupancy for the first production home built in the Project.
H. Owner contemplates commencing construction of the' homes for
the Project (111 Lots ) prior to acceptance by the City Council
of the Draft Agreement.
I. Owner intends to immediately commence the completion of the
Recreational Facility required incident to the approval of Tract
23103-1 which has been delayed because of adverse market
conditions, and complete said facility by November 10, 1995.
J. City desires, as an accommodation to Owner, to permit Owner
to pay the Interim Public Facilities Fee contemplated in the
Draft Agreement for all the homes in the Project, despite the
fact that the Draft Agreement providing for payment of the
Interim Public Facilities Fee has not yet been approved by City.
NOW, THEREFORE, in consideration of the mutual covenants
heroinafter contained, City and Owner agree as follows:
1. Modification of Fee. In lieu of any fee required by
Development Agreement No. 5, RSA Fee or City Public Facilities
Fee, Owner shall pay an Interim Public Facilities Fee in the
amount of Three Thousand Dollars ($3,000.00) per dwelling unit
within the Project. If City fails to approve or adopt the Draft
Agreement or if the Interim Public Facilities Fee, as established
by city, is some number other then Three Thousand Dollars
($3,000.00) per dwelling unit, then the fee paid by Ownerto
City shall be adjusted accordingly. Owner shall pay any increase
or City shall pay to Owner any decrease within thirty (30) days
F: \ tea I \843 \3006~004\me~5. a~m -- 2 --
from the effective date of City Council's action on the Amendment
and Restatement of Development Agreement.
2. Fee Deferral. The Interim Public Facilities Fee.for all
units within the Project shall be deferred until such time as a
certificate of occupancy has been obtained for ~he firS=
production home built in the Project. Upon the issuance of a
certificate of occupancy for the first production home within the
Project, Owner shall pay to the City the Interim Public Facility
Fee for each unit for which such fee had been deferred.
Thereafter, the Interim Public Facilities Fee shall be paid at
the time of issuance of building permits for each residential
unit constructed in the Project.
3. Completion of Recreational Facility.
(a) Owner shall commence construction of the Recreational
Facility required incident to the approval of Tract 23103-1
("Recreational Facility") on approximately August 15, 1995.
Owner shall use commercially reasonable efforts to complete the
~construction of such facility as soon as practicable, but no
later than November 15, 1995. Owner agrees that City shall not
issue any certificate of occupancy for any dwelling unit
constructed pursuant to any building permit issued on or after
the date of this Memorandum, until such time as the Recreational
Facility is completed and accepted by the City.
(b) Notwithstanding the preceding, Owner's obligations
under this paragraph 3 are expressly conditioned upon (i) Owner
acquiring title to the Property on which the Recreational
Facility is to be constructed, or written permission from the
Owner thereof to construct such facility; and (ii) approval by
the United States Bankruptcy Court of the Third Amendment to
Partnership Agreements for Owner.
4. Indemnity and Cost of Litigation
4.1 County Litigation ConcerninQ RCreement. In the event
the County seeks to challenge the right of City and Owner to
enter into this Memorandum, and institutes an action, suit or
proceeding to challenge this Memorandum or invalidate and/or
enjoin the enforcement of this Memorandum, City and Owner agree
to cooperate and participate in a joint defense in any action
against the parties, their officers, agents, and employees, from
and against any and all such obligations, liability, suit, claim,
loss, judgment or lien, resulting from such action(s) brought by
County (but excluding actions to expunge any lis pendens) and to
share 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 Memorandum. If the County action is against all impacted
developments for which the City has lowered the county fees, the
F: \real \843\30064004\memDS. agm --3 --
Ovner's defense costs herein shall be its pro rata share among
all impacted landowners based on a faction, the numerator of
which is the total units owned by Owner which are subject to this
Memorandum and the denominator is the total n~m~er of units
within the City in which the City has lowered the County Fees.
If the County action is only against Owner with respect to this
Memorandum, and not against other impacted landowners for which
the City has lowered the County fees, then Owner's defense costs
shall be 100% of the attorneys' fees and costs for defense of the
litigation. Damages (including the difference in the amount of
any Interim Public Facilities Fee and the amount of the County
Development Agreement Fee paid by owner to City pursuant to the
terms of this Memorandum) 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 (by final judgment of a court of competent
jurisdiction) 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 amount
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 the costs and fees
associated with said appeal. As a matter of agreement between
BCI/CCL No. 1 and BCI/CCL No. 2, all costs are associated with
indemnity set forth in this paragraph 4 , or liabilities
described in paragraphs 4.2 and 4.4 below, shall be divided
between such parties sixty percent (60%) to BCI/CCL No. 2 and
forty percent (40%) to BCI/CCL No. 1.
4.2 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
Memoranduan and a trial court determines by final judgment or
order that the 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. 5, 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 tens of Development Agreement No. 5. Such payment by City
to County shall reduce Owner's liability to County for payment of
such fees by a like amount paid by City.
4.3 County Prevails im LitiCation - Severabi!itT. In the
event the County prevails at the trial court level against the
City or the Owner as described in Section 4.1 of this Memorandum,
the amount of the Interim Public Facilities Fee or the City
F: \~'eal \84,3\30064004\mem5 .a~ '4 --
Public Facilities Fee, as the case may be, shall revert to the
amount of the County Development Agreement Fee in effect at the
time of entry of the final judgment in favor of the County (or
such lesser amount as determined by the Court)- In the event his
Memorandum is held to be invalid or unenforceable by a trial
court of competent jurisdiction, Owner shall thereafter pay the
County Development Agreement Fee as provided in Section 4.2 of
Development Agreement No. 5 (or such lesser amount as determined
by the Court). All Other provisions of this Memorandum or any
subsequent agreements relating to the Project shall remain valid
and enforceable notwithstanding said ruling of invalidity.
4.4 Third Party Litigation Concernin~ A~reement. Owner
shall defend, at its expense, including attorneys' fees,
indemnify, and hold harmless City, its agents, officers and
employees from any claim, action or proceeding against City, its
agents, officers, or employees to attack, set aside, void, or
annul the approval of this Memorandum or the approval of any
permit granted pursuant to this Memorandum brought by a third
party other than the county, which claim, action or proceeding is
based'upon this Memorandum. City shall promptly notify Owner of
any such claim, action, or proceeding, and City shall cooperate
in the defense. If City fails to promptly notify Owner of any
such claim, action, or proceeding, or if City fails to cooperate
in the defense, Owner shall not thereafter be responsible to
defend, indemnify, or hold harmless City. City may in its
discretion participate in the defense of any such claim, action
or proceeding.
4.5 Termination of Memorandum of Understanding- If the
Draft Agreement is approved by the City Council, this Memorandum
shall terminate upon the effective date of the Draft Agreement.
If the Draft Agreement is disapproved by final action by the City
Council, then the obligations of Owner under this Memorandum
shall terminate and Owner thereafter shall be subject to the
ter~ns of Development Agreement No. 5.
5. Rancho Califormia Road Fund. Owner and City acknowledge and
agree that no building permits for any dwelling unit within the
Project shall be issued by the City until such time as the Rancho
California Road Fund has been funded, as required by the terms of
the agreement establishing such Fund.
IN WITNESS wHEREOF, the parties executed this Memorandum as of
this day August, 1995.
\real \843\30064004\memoS. agm
By:
-5-
CITY OF TEMECULA
Jeff Stone, Mayor
ATTEST:
June S. Greek, Ci=y Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
BCI/CCL VENTURE NO. 1, L.P.
california limited partnership
and BCI/CCL VENTURE NO. 2,
L.P., a California limited
partnership
BY: CCL CHARDONAY HILLS,
INC., a California
corporation, their
General Partner
By
Its
F: \ ~ea 1 \843 \3aO64OO4\m~mo5. agm -- 6 --
A'I'I'ACHMENT NO. 5
CONSTRUCTION SCHEDULE
CONSTRUCTION,
Septnnber 21, 1995
Ansbony l. Elmo
Chief Building Offi~isl
City of Tem~cul&Buildlng Dept.
43174 B--;-~ss Park Driv~
Temecula, California 92~90
Plesse find enclosed an ul~,",'4 schedule for the Kecreallon and Padc Area for Tract 231034
Chszd. onnay Hills.
To insu~ lh~ z~.mattonal ~sciliti~s pro _Fess.__. I proIres8 tie!n_- ~1~ followin~ critical dabs to our
produnion units witis t. hs mc:rcational schedule,
CCL Colon, Inc. sgrees not t~ _preeee4___ with the following operations on Tnscts
23100-2 and 23100.-3 unless cez~in 4"f'~ ~ bebw) are met at the R,,~.~alion
and Paxk Area:
Production Slab pour csnnot start unfil I~e T~--I* Couzt is poured ~ Fr~m~-g
Inspection is eompleted on the Pool Eq..:pmen~ Build{.__. on or aboui October 9.
Fra~i-_~ lnspeclions forpre4_,_~on units cannot start ungl a Certificate of
Occupancy is ~ for the Recreational site on or about Dec~mabex 10, 1995.
Pigass conu~-t me if these dates meet with your approval or if you ~ any further information.
My phon~ nmnb~r is (714) 553-3214 exL #13.
Si~x~zely,
CCL Construeion, ~
Charles W, Klu~r
Di~r of
2010 MAIN STREET, tiUrT[ S~,O. IRVINr. CA 92714 714 553-3214 FAX: 714 R.~-77~8
~,~c. dl'7036~z
B2/:].Z/ZcJ95 84;33 73,.4-253-7728 CCL CO, c:~KdCI"ZDq PA~E 83
COIi~iTRUCTIC)N iCHEIX,ILE · S'TATUI
CHARDOQ~Y I,BTJ, J
,- 82/11/1995 84:33 714-253-7728 CCL CO, b'q11..C~O,I PA4~ 84
CCL CONSTRUCTION, Q4C.
CONOTRUCTION ,zCHED ULE & WI'ATU8
CHAR~:)NILAY I. gLFJ
I~.~wmo~ll,'omew,~v~&l'Mr. klLat
:2102,1
I III
I~EYIC)~J~LY CX)I,U'I.E'FED
pI~VIOU~Ly C01ft. E'rEO
P!iEVIOU~Y C0M~tETED
PREVX)U~Y CCia~.E'lcu
III
II II
ATTACHMENT NO. 6
PROPOSED AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 5
R:',STA1~X78PA95.PC 9/2~/95 an ~2
RECORDED AT THE REQUEST OF
City Clerk
City of Temecula
WB'F-N RECORDED RETURN TO
City Clerk
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
RECE~V_.cD
OCT I 0/995
CCL CONSTRGCTIOi~, ,:,C.
(Space Above Line For Recorder's Use).
AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGRF,~,MENT
SPECIFIC PLAN NO. 199
PLANNING AREA 14
PLANNING APPLICATION No. 94-0078 and 94-0079
"Margarita Village"
BCI/CCL Venture No. 1 Limited Parmership
BCI/CCL Venture No. 2 Limited Partnership
AMENDMENT AND RF~TATEMENT OF DEVELOPMENT AGREEMENT
BETWEEN
CITY OF TEMECULA
and
BCFCCL VENTURE NO. 1 LIMITED PARTNERSHIP
BCI/CCL VENTURE NO. 2 LIMrFED PARTNERSHIP
This Amendment and Restatement of Development Agreement ('Amendment')is
entered into to be effective on the date set forth in Recital N. and Paragraph 1.7 by and
among the City of Temecula, a Califomia Municipal Corporation ('City') and BCI/CCL
Venture No. I Limited Partnership and BCI/CCL Venture No. 2 Limited Partnership, both
California Limited Partnerships (collectively 'Owners'):
RECITALS
A. Pursuant to California Government Code Section 65864, et. Seo_.
(*Development Agreement Statutes"), Kaiser Development, a California Corporation and
others and the County of Riverside, California ('County')entered into Development
Agreement No. 5 recorded in the Official Records of Riverside County, California on
November 7, 1988, as Instrument No.325515 ("Development Agreement No. 5').
B. Development Agreement No. 5 encompasses a project formerly located within
County approved Specific Plan No. 199 known as 'Margarita Village', a mixed use
subdivision, (the 'Original Project*) to be developed on property which came within 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 14,
Tract Nos. 23100-1 (8 LoB); 23100-2 (15 LoB); 23100-3 (28 LoB); 23100-4 (23 LoB); 23101-
2 (28 LoB); and 23101-3 (9 Lots) for a total of 111 Lots (collectively the *Project'). The
F:\REAL\a/e.3\~OO66006'~DEVELOP6.AGIq
10104,/95 ]
balance of the Original Project covered by Development Agreement No. 5 not included
within the above referenced Project ("Lots") is not mended 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. $ upon
incorporation of the City.
D. Pursuant to Section 65868 of the Development Agreement Statutes, the City
and Owner propose to restate and mend Development Agreement No. 5 to substitute this
Agreement for the portion of Development Agreement No. 5 pertaining to the Project.
E. Pursuant and subject to the Development Agreement Statutes, the City'spolice
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 pwperty 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 interest of its citizens and
F: \REAL\8/,3~3OO6~d]~DEVELOP/, .A(~
10/0~/~5 2
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 fac~i~es 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. 5 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 County Impact Fees or 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. City and Owner acknowledge that development of the Project will result in the
generation of municipal revenue, for 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) completion of the Recreation Facility required incident to the approval
of the Project;
(2) completion of vacant lots in Project;
F: \REAL\8~3~3OO(~,OO~'%DEVELOP~ .AGII
10/0~,/95 3
(3)
(S)
payment of .fire mitigation fees;
participation in special assessment districts to finance City and regional
infrastructure improvements; and
additional real property tax increment from the completed Project.
M. The City and 'Owner knowledge that due to the present economic situation,
none of these benefits to the City are possible unless the Project p~__~__s with development.
N. 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. 5 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 heroin, the parties agree:
1. Definitions. In this Agreement, unless the context otherwise requires, the
following words and phrases shall have the meaning set forth below:
1.1 'City"is the City of Temecula.
1.2 "City Public Facility Fee" is an amount to be established by Ordinance
of City.
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. 5.
F:\REAL~8~e3~3OO~OO~DEVELOP4.A~
10/0~/~5 4
1.5 "D~velopment Exactions* means any requirement of City in connection
with or pursuant to any I-~nd Use Regulation or Existing Development Approval for the
dedication of land, the construction of improvements or public facilities, or the payment of
fee~ 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 1.8 below which are applicable to development of the Project.
1.7 'Effective Date* means the date upon which the Ordinance approving
this Agreement becomes effective, which date is thirty (30) days following the date the City
Council adopted such Ordinance absent a referendum challenge.
1.8 "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,
attached hereto and incorporated
County or the City.
1.9
herein by this reference, which were approved by the
'Financing District* means a Community Facilities District formed
pursuant to the Mello-Roos Community Facilities Act of 1982, (California Government
Code Section 53311 et sea_. as amended); an assessment district formed pursuant to the
Landscaping and Lighting Act of 1972, (California Streets and Highways Code Section 22500
tt_a~ as amended); a special assessment district formed pursuant to the Improvement Act
of 1911, (California Streets and Highways Code Section 10102, as amended); or any other
F:\REAL\8~,3\3OO6~,OO4.%DEVELOP/e.AG~
1010/,195 5
special assessment district existing pursuant to State law formed for the purposes of
financing the cost of public improvements, facilities, services and/or public facilities fees
within a specific geographical area of the City.
1.10 "Interim Public Facilities Fee" means an mount of Three Thousand
Dollars ($3,000) ~ each residential unit developed in the Project.
1.11 "Land Use Regulations" means all ordinances, resolutions, codes, rules,
regulations, and official policies of City, governing the development and use of land
including without limitation, the permitted use of land; the density or intensity of use;
subdivision requirements; the maximum height and size of proposed buildings; the provisions
for reservation or dedication of land for public purposes; and the design, improvement, and
construction standards and specifications applicable to the development of the Property
listed on Exhibit B, attached hereto and incorporated herein by this reference, which are
a matter of public record on the Effective Date of this Agreement. "Land Use Regulations"
does not include any County or City ordinance, resolution, code, rule, regulation, or official
policy, governing:
(a) The conduct of businesses, professions, and occupations;
(b) Taxes and assessments;
(c) The control and abatement of nuisances'
(d) The granting of encroachment permits and the conveyance of
rights and interests which provide for the use of or the entry upon public property;
(e) The exercise of the power of eminent domain.
1.12 "Owner" means the person having a legal or equitable interest in the
F: \REAL\8~.3%.:300~O(Y,\DEVELOP~,. AGN
10/0~,/95 6
Project;
1.13 "Project" is the development of the Property in accordance with the
Development Plan.
1.14 'Property* is the real property described in Exhibit C, attached hereto
and incorporated herein by this reference.
1.1S *RSA Fee* means the fee established by County Ordinance No. 659,
as adopted by City.
1.16 *Subsequent Development Approvals* means all development approvals
required subsequent to the Effective Date in connection with development of the Property.
1.17 "Subsequent Land Use Regulation* means any I~nd Use Regulation
adopted and effective after the Effective Date of this Agreement.
2. Interest of Owner. Owner represents that it has the fee ti~e 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, incorporated herein, and made a part hereof by this reference:
Exhibit Designation
A
B
C
D
Term.
Description
Existing Development Approvals
Existing Land Use Regulations
Legal Description of the Property
Notice From Mortgagee
F:\REAL\8/,3X)OO(~OO~\DEVELOP/4.AGH
10/0/,/95 7
4.1 The term of this Agreement shall commence on the Effective Date and
Shall extend for a period of lain (10) years thereafter, unless this Agreement is terminated,
modified or extended by circumstances set forth in this Agreement or by mutual consent of
the pro'ties hereto.
4.2 This Agreement ~ terminate and be of no force and effect upon the
occurrence of the entry of a final judgment or issuance of a final order after exhaustion of
any appeals directed against the City as a result of any lawsuit ~ed against the City to set
aside, withdraw, or abrogate the approval by the City Council of City of this Agreement.
5. Assignment.
5.1 Right to Assign. The Owner shall have the right to sell, transfer, or
assign the Property in whole or in part (provided that no such partial transfer shall violate
the Subdivision Map Act, Government Code Section 66410, et sea.. or Riverside County
Ordinance No. 460, as the same was incorporated by reference into the Temecula Municipal
Code by Ordinance No. 90 04,) to any person, parmership, 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 atl or a part of the Property. Owner agrees to provide specific notice
of this Agreement (which may be by specific exception listed in a Preliminary Ti~e
F: \REAL\843~30064004\DEVELOP~,, AM
10104195 8
Report or Titie Insurance Policy), including the record or document number, where
a true and con'ect copy of this Agreement may be obtained from the Riverside
County Recorder.
Co) Concurrent with any such sale, Iransfer, 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 AUomey, by the purchaser, transferen, or
assignee and providing therein that the purchaser, transferee, or assignee expressly
and unconditionally assumes an the duties and obligations of the owner under this
Agreement.
Any sale, transfer, or assignment not made in sUict compliance with the foregoing conditions
shall constituted a default by the Owner under this Agreement. Notwithstanding the failure
of any purchaser, U'ansferee, or assignee to execute the agreement required by Paragraph
(b) of this Subsection. the burdens of this Agreement shall be binding upon such purchaser,
lransferee, or assignee, but the benefits of this Agreement shall not inure ~o such purchaser,
transferen, or assignee until and unless such agreement is executed.
5.2 Release of Transferring Owner. Nolwithstanding any sale, transfer, or
assignment, a transferring Owner shall continue to be obligated under this Agreement unless
such transferring Owner is given a release in writing by City, which release shall be provided
by City upon the full satisfaction by such transferring Owner of ALL of the following
conditions:
(a) The Owner-no longer has a legal interest in an or any
F: \REAL\8~e3~.~O6/eOO~DEVELOP~,. AG4
10/0(,/95 9
part of the Property- except as a beneficiary under a deed of trust.
(b) The Owner is not then in default under this Agreement.
(c) The Owner or purchaser has provided City with the notice and
executed agreement required under ParaF~h Co)of Subsection 5.1 above.
(d) The purchaser, tnnsferee, or assignee provides City with security
equivalent to any security previously provided by Owner to secure performance of its
obligations hereunder.
(e) The Owner has reimbursed City for any and all City costs
associated with Owner's transfer of all or a portion of the Property.
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 pwvisions of this Agreement, this
Agreement shall terminate with respect to any lot and such lot shall be released and no
longer be subject to this Agreement without the execution or recordation of any further
document upon satisfaction of both of the following conditions:
(a) The lot has been finally subdivided and individually (and not in
"bulk') sold or leased (for a period longer than one year) to a member of the public
or other ultimate user; and
(b) A Certificate of Occupancy has been issued for a building on a
lot, and the fees set forth in this-Agreement have been paid.
F:\REAL\8~.)'%)(X)Gt, OO4.%DEVELOP&.AGN
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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 paxties 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 or receipt of an
invoice from City.
Any Mortgagee of the Property shall be enti~ed 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, in the
F: \REAL\~,3\3OO~O0/,~I)EVELO~'/, .AC, N
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form as attached hereto as Exhibit D, attached hereto and incorporated herein by this
reference, to the City in the manner specified herein for giving notices, shall be entitled to
receive written notification from City of any default by the Owner in the performance of the
Owner's obligations under this Agreement.
(c) If City timely receives a request from a Mortgagee, in the form set forth
on Exhibit D, attached he~eto and incorporated herein by this reference, requesting a copy
of any notice of default given to the Owner under the tens of this Agreement, City shall
endeavor to 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 d_t~_ 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 pwvision 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 p_v~cedent to the performance of a covenant by City, the performance thereof shall
continue to be a condition precedent to City'sperformance hereunder, and further provided
that any sale, U'ansfer, or assignment by any Mortgagee in possession shall be subject to the
provisions of Section 5.1 of this Agreement. The term of the Agreement shall not be
F: \REAL\8~3%3006AOO/,'%DEV~LOP~, .AGN
1010~,195 12
extended based on the fact that a Mortgagee holds title to the Property for an or any part
of the term of this Agreement.
(e) Any Mortgagee who comes into possession of the Property, or any
portion thereof, pmuant to subsection (d) above and who elects not to assume the
obligations of the Owne~ set' forth herein shall not be entitled to any rights to develop which
have or may have vested as a result of this Agreement.
7. Binding Effect of Agreement. The burdens of this Agreement bind and the
benefits of the Agreement inure to the successors-in-interest to the parties to it in
accordance with the provisions of and subject to the limitations of this Agreement.
8. Project a~ a Private Undertaking/Relationship of Panics. 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 City and Owner is that of a government entity regulating the development of
private property and the owner of such property.
9. Changes in Project. No material change, modification, revision, or alteration
of Existing Development Approvals may be made without the prior approval by those
agencies of the City equivalent to the County agencies that approved the Existing
Development Approvals in the first instance (if the County had granted the appwvals) or
by the same City agency that granted ~the Existing Development Approvals, (if the City
F: \REAL\8~3%300(~00~\DEVELOPZ~. Ag4
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granted the approval in connection with the adoption of this AgreemenO. City may expand
the permitted uses for the Property without amending this Agreement so long as Owner or
Owner's successor retains his/her/their existing entitlements.
10. Timing of Development. The parties acknowledge that Owner cannot at this
time predict when, or at 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 Cal.3d 465 (1984), that the failure of the parties therein to provide for the timing of
development resulted in a later adopted initiative resu'icting the timing of development
resulted in a later adopted initiative restricting the timing of development to prevail over
such parties, it is the parties intent to cure that deficiency by acknowledging and providing
that the Owner shall have the right to develop the Property in such order, 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 specifically set forth in the
Development Plan.
11. Indemnity and Cost of Litigation.
11.1 Hold Hamless. Owner agrees to and shall hold City, its officers, employees,
agents, and repruentatives 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,
employee, agents, or other person acting on its behalf which relate to the Project (excluding
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actions by any party not related to Owner or authorized to act for Owner). Owner agrees
to and shall indemnify, protect, defend, and hold harmless the City and its officers,
employees, agents, and representatives from actions for damages caused 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.
This indemnification requirement shall extend beyond the termination or expiration of this
Agreement. There are no intended or incidental third party beneficiaries to Owners
obligations under this paragraph I 1. 1.
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. 5,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. 5, City and Owner agree to cooperate and
participate in a joint defense in any action against the parties, their officers, employees, and
agents, from and against any and all such obligations, liability, suit, claim, loss, judgment,
or lien resulting from such action(s) bwught 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
0wner's legal authority to enter into this Agreement and/or terminate Development
Agreement No. 5. If the County action is against all impacted developments for which the
City has lowered the otherwise applicable County fees, then Owner's defense costs herein
shall be its pro rata share among all impacted landowners based on a faction, the numerator
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of which is the total units owned by Owner which are subject to this Memorandum and the
denominator is the total number of units within the City in which the City has lowend the
County Fees. If the County action is only against Owner with respect to this Agreement or
the amendment to County Development Agreement No. 5, then 0wner's defense costs shall
be one-hundred percent (100%) of the attorneys fees and costs for defense of the litigation.
Damages (including the difference in the amount of any Interim Public Facilities Fee and
the amount of the County Development 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 Public Facilities Fees and/or County Development Agreement Fees to City of which
it is adjudicated (by final judgment of a court of competent jurisdiction) 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 amount 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 tight
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 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 the amendment of Development Agreement No. 5, and a trial court
determines by final judgment or order that the 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
F :\REAL\8/~3~,~O6/,OO4\DEVELOP/, .AGN
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Facilities Fee, as the case may be, and the County Development Agreement Fee which
would otherwise have been imposed pursuant to Development Agreement No. 5, then
Owner shall be responsible for paying any such shortfail subject to City's payment to
County of any amounts collected and held by City under the t=ni~s of Development
Agreement No. 5 -- in excess of that due City under Development Agreement No. 5. 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, shail revert to the amount of the County Development
Agreement Fee in effect at the time of entry of the final judgment in favor of the County,
or such lesser amount as determined by the court. In the event this Agreement is held to
be invaiid or unenforceable by a trial court of competent jurisdiction, the provisions set forth
in Sections 12.2 and 12.3 of this Agreement shall no longer be enforceable and from the
date of said finai judgment or ruling of invaiidity, Owner shall thereafter pay the County
Development Agreement Fee as provided in Section 4.2 of Development Agreement No.
5, or such lesser amount as determined by the court. AU other provisions of this
Agreement shall remain vaiid and enforceable notwithstanding said ruling of invalidity.
11.5 Third Party Litigation Concerning Agreement. Owner shall indemnify;
protect; defend, at its expense--including attomey's fees; and hold harmless City, its officen,
employees, or agents against any loss, cost, expense, claim, or counter-claim, complaint, or
F: \REAL\8~,3%3006&.OO4\DEV~LOPA.
10/0~/95 ]7
proceeding to attack, set aside, void, or annul the approval of this Agreement or the
approval of any permit granted pmuant to this Agreement brought by a third party other
than the County, which claim is based upon this Amendment. City shall promptly notify
Owner of any such claim, action, or proceeding, and City shall cooperate in the defense.
If City fails to promptly notify Owner of any such claim, action, or proceeding, or if City falls
to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify,
or hold harmless City. City my in its discretion participate in the defense of any such
claim, action, or proceeding.
11.6 Environmental Assurances. Owner shall indemnify, protect, defend
with counsel approved by City, 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
damages, punitive damages, injuries, costs, response remediafion and removal costs, losses,
demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings,
interest, f'mes, 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 or its officers, employees, or agents arising from or attributable
to any repair, cleanup, or detoxificafion, or preparation and implementation of any removal
remedial, response, closure, or other plan (regardless of whether undertaken due to
governmental action) concerning any I4aT~rdous Substance or bn7'~rdous wastes at any place
within the Property which is the subject of this Agreement. The foregoing indemnity
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extends beyond the term of this Agreement and 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 9667(e), and California Health and Safety
Code Section 25364, and their successor statutes, to insure, protect, hold harmless, and
indemnify City from liability.
11.? Release. Except for nondamage remedies, including the remedy of
specific performance and judicial review as pwvided for in Sections 19, 20, and 21 hereof,
City, for itself, its successors and assignees, hereJoy releases the City, 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 City
because it entered into this Agreement or because of the terms of this Agreement.
ll.8 Reservation of Rights. With respect to Sections ll.l to ll.7herein,
City reserves the fight to either (1) appwve the attorney(s) which Owner selects, hires, or
otherwise engages to defend City hereunder, which approval shall not be unreasonably
withheld, or (2) conduct its own defense, provided, however, that Owner shall reimburse
City forthwith for any and all reasonable expenses incurred for such defense, including
attomey's fees, upon billing and accounting therefor.
11.9 Survival. The provisions of this Section 11.1 to 11.9, inclusive, shall
survive the termination of this Agreement.
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12. Public Benefits. Public Improvements and Facilities.
12.1 Intent. The parties acknowledge and agree that this Agreement confen
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): Other Public Benefits.
(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. Owner expressly acknowledges the existence and holding
in the case of Kaufman and Broad Central Valley. Inc. v, City of Modesto, (1994), 25
Cal. App.4th 1577, as it applies to later adopted fees. Owner hereby waives for himserf, and
for any successor thereto, the right to challenge the validity or mount of any such other
public facilities fees which are enacted and applied to residential development projects in
the City. Such waiver applies to the Project after the tint five (5) yean of this Agreement.
Owner acknowledges and agrees that City would not have entered into this Agreement if
its application or operation would limit in any way the City's ability to develop and apply
F:\REAL\~3\3OO~,OO~XDEVELOP~,.AGN
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a Comprehensive Public Facilities Fee Program to this Project following the first five (5)
years of the term of this Agreement. Owner further acknowledges and agrees that the
waiver provided herein applies not only to this Agreement, but to any rights Owner may
have under any vesting map filed and deemed complete under the vesting maps statutes,
Government Code Section 66498.1et seq. Finally, Owner agrees that the institution of any
legal action by Owner, or any successor thereof, to challenge the validity, mount, or
application of any public facilities fee after the first five (5) years of this Agreement,
including paying such fees *under protest* pursuant to Government Code Section 66020 et
seq., shall constitute a material breach and default under this Agreement entitling the City
to summary termination thereof.
Co) Owner shall also pay all other lawful 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 the existence when paid.
(C) Owners shall provide the public benefits stated in Recital L.
hereof, which are incorporated herein and made a part hereof. As to the Recreation
Center, Owner shall be subject to the performance schedule set forth on Exhibit E, attached
hereto and incorporated herein by this reference.
12.3 XjXDjig. 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
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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 paid by the Owner for the model home units in surplus to those fees
contained herein shall be credited to Owner.
12.4 Other Applicable Fees. The parties hereto agree that w the extent the
fees set forth below have not ben paid prior to the execution of this Agreement by both
parties, the Stevens Kangaroo Rat, library, fire, drainage, and traffic signal mitigation fees
remain applic. able to the Project. In the event City establishes a permanent public facility
fee program which is specifically designed to include one or more of the fees listed above,
Owner, or Owner's successor, shall not be obligated to pay such fee or applicable part
thereof more than once.
12.5 Public Works. If Owner is required by this Agreement, or any other
obligation, to construct any public works facilities which will be dedicated to City 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
to City or such other public agency should it have undertaken such
be applicable
construction.
13.
Reservation of Authority.
13.1 Limitations. Reservations. and Exceptions. Notwithstanding any other
provision of this Agreement, the following Subsequent Land Use Regulations shall apply to
F:\REAL\8~3~.30064.00~ADEVELOF'~,.Ag~
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the development of the Property:
(a) Processing
estimated actual
Approvals.
fees and charges imposed by City to cover the
costs to City of processing applications for Subsequent Development
Co) Procedural regulations relating to hearing bodies, petitions,
applications, notices, findings, records, hearings, reports, recommendations, appeals, and any
other matter of procedure.
(c) Regulations imposing Development Exactions; provided,
however, that no such subsequently adopt~l Development Exactions shall be applicable to
development of the Property unless such Development Exactions are applied uniformly to
development throughout the City. 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 pan, as the fees set forth in this Agreement, City
shall allow a credit against such subsequently adopted Development Exaction for the fees
paid under this Agreement to the extent such fees fulfill the same purposes.
(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 in conflict with the Development Plan.
Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of
F: \REAL\843\3006400Z,\DEVELOP~,. AM
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development of the P~o~-rty shall be deemed to conflict with the Development Plan and
shall therefore not be applicable to the development of the P~o~,eny.
(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 Al)prov~ls. This Agreement shall not prevent
City, in acting on Subsequent Development Appwvals, from applying the Subsequent Land
Use Reguhfions 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 F_.xisting or Subsequent Land Use Regulations not in conflict
with the Development Plan.
13.3 Modification or Sulpension by State or Federal Law. In the event that
State or Federal hws 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 constitutional
provisions preventing application of such law or regulation, such hws or
regulations and to the extent such laws or regulations do not render such remaining
provisions impractical to enforce.
13.4 Regulation by Other Public Agencies. It is acknowledged by the parties
that other public agencies not within the-control of City possess authority to regulate aspects
F:\REAL\E/,3~3OO6/,OO~%DEVELOP/,.A(;N
10/0A/95 24
of the development of the Property separately from or jointly with City and this Agreement
does not limit the authority of such other public agencies.
13.5 Tentative Tract M~p 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 regtflar) approved as a pan of implementing the Development Plan shall
be extended to expire at the end of the term of this Agreement.
13.6 Vesting Tentative Maps. If any tentative or final subdivision map, or
tentative or final parcel map, heretofore or hereafter approved in-connection with the
development of the Property, is a vesting map under the Subdivision Map Act (Government
Code Section 66410, etse~.~ and R~verside County Ordinance No. 460, as the same were
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 protection afforded the Owner and City respectively, under the laws
and-ordinances applicable to vesting maps shall supersede 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.
14. Development of the Property. Vesting. Termination of Development
Agreement No. 5.
14.1 Rights to Develop: Subject to the terms of this Agreement, including
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10/0~/95 25
payment of the Interim Public Facilities Fee, the Owner shall have a vested fight to develop
the Property in accordance with, and to the extent of the Development Plan. The Project
shall remain subject to all Subsequent Development Approvals required to complete the
Project as contemplated by the Development Plan. Except as otherwise provided in this
Agreement, the permitted uses of the Property, the density and intensity of use, the
maximum height and size of proposed buildings, and provisions for reservation and
dedication of land for public purposes shall be those set forth in the Development Plan. In
exchange for the vested right to develop pursuant to this Agreement, Owner expressly waives
for himself and for any successor thereto, the right to challenge or contest the validity of any
condition of approval attached to any entitlement which is a pan of 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.
F: \REAL\8~,3%.30064.004.%DEVELOP~ .AGH
10/0/,/95
City may, at the request of Owner, contract for planning and engineering consultant services
to e~xpedite the review and processing of Subsequent Development Approvals, the cost of
which shall be borne by Owner.
14.3 Changes and Amendments. The parties a~knowledge that refinement
and further development of the Project will require Subsequent Development Approvals and
may demonstrate that changes are appropriate and mutually desirable in the Existing
Development Approvals. In the event the Owner finds that a change in the Existing
Development Approvals is necessary or appropriate, the Owner shall apply for a Subsequent
Development Approval to effectuate such change. If approved, any such change in the
Existing Development Approvals shall be incorporated herein as addendure 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 -- without regard to the outcome of the request for
amendment or change to this Agreement. 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, except as provided
in Seclion 9 hereof; or,
Co) Increase the density or intensity of use of the Property as a whole; or,
(c) Increas~ the maximum height and size of permitted buildings; or,
F: \~EAL~8~.3~..~(X)6/.00/.M)EVELOI~
10/0~./~5
(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.
14.4 MinimUm Unit Size. Owner agrees that the units to be constructed on
the Property shall be a minimum of one thousand (1,000) square feet in size.
14.5 Termination of Development Agreement No. 5. Both City and Owner
agree that on the Effective Date of this Agreement, Development Agreement No. S shall
be terminated and of no further force or effect as to this Project only, having been replaced
by this Agreement.
15. Periodic Review of Compliance with Agreement.
(a) Pursuant to City Resolution No. 91-52, as it may be subsequen~y
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.
Co) During each periodic review by City, the Owner is required to
demonstrate good faith compliance with the terms of this Agreement. The Owner agrees
to furnish such evidence of good faith compliance as City in the exercise of its discretion
may ~xluim.
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
F: \REAL \8~3;~3OO~OO/,~DEVELOPZ, .AGN
I0/04/~5 25
the financing of the construction, improvement, or acquisition of public infrastructure,
facitities, 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 mended
or canceled in whole or in part only by mutual consent of the parties and in the manner
provided for in Government Cede 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 estnblished 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--without regard to City's action on such amendment.
18. Enforcement. Unless amended or canceled as herein provided, this
Agreement is enforceable by any party to it notwithstanding a change in the applicable
general or specific plan, zoning, subdivision, or building regulations adopted by the City
which alter or amend the rules, regulations, or policies governing permitted uses of the land,
density, design, improvement, and construction standards and specifications.
19. Events of Default. Owner is in default under this Agreement upon the
happening of one or more of the following events or conditions:
(a) If a warranty, representation, or statement made or furnished by Owner
to City is false or proves to have been false in any material respect when it was made;
F: \REAL\843~%300~400~%DEVELOP~,
10/0~/~5
(b) More than forty-five (45) days have passed since City's making of a
written request to Owner for payment or reimbursement for a fee or service authorized or
agreed to pursuant to this Agreement.
(c) 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.
Co) City does not waive any claim of defect in performance by Owner
implied if on periodic review the City does not propose to modify or .terminate this
Agreement.
(c) Non-performance shall not be excused because of a failure of a third
(d) Non-performance shall be excused only when it is prevented or delayed
by acts of God or an emergency declared by 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. Owner, for itself or any successor
F: \REAL\BZs3~OO6/eOO/e\DEVELOPI,. AGN
10/0~,/~5 30
thmto, expressly waives the right to seek damages against the City or any officer, employee,
or agent thereof, for any default or brea~h of this Agreement. As a matl~r of agreement
between BCI]CCL No. 1 and BCI/CCL No. 2, all costs are associated with indemnity or
liabilities described hereunder, shall be divided between such parties sixty percent (60%)
to BCI/CCL No. 2 and forty percent (40%) to BCFCCL No. 1.
In general, each of the parties he~to 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 bre~.ch of that Agreement by City.
22. Attorney's 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 States Mail. Notice required to be given to City shall be addressed as
follows:
To City:
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
Atm: City Clerk
With A copy to:
Peter M. Thorson, Esq.
City Attorney
Burke, WilljamS & Sorensen
F:\REAL%84.3~OO6~OO/e~DEVELOP~.AGR
10/0/,/~5 3 1
611 W. Sixth Street, Suite 2500
Los Angeles, CA 90017
Notices required to be given to Owner shill be addressed as follows:
To Owner:
BCI/CCL Venture No. 1 and
BCIJCCL Venmre No. 2
c/o CCL Chardonay Hills, Inc.
2010 Main Street, Suite 960
Irvine, CA 92714
Attention: Joe Richter
With A copy to:
Palmieri, Tyler, Wiener, Wilhelm & Waldron
2603 Main St., F~,t Tower, Suite 1300
Irvine, CA 92714
Attention: Gregory N. Weiler, Esq.
A party may change the address by giving notice in writing to the other party and thereafter
notices shall be addressed and transmitted to the new address.
24. Cooperation. City agrees that it shall accept for processing and promptly take
action on all applications, provided they are in a proper from 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 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.
F:\R~L\~3~OO660~E~L~,A~
32
(a) The singular includes the plural; the masculine gender includes the
feminine; *shall' is mandatory, *may* is permissive.
If there is more than one signer of this Agreement their obligations are
(b)
joint and several.
The time limits set forth in this Agreement may be extended by mutual
written consent of the parties
Agreement.
in accordance with the procedures for adoption of the
(d) This Agreement is made and entered into for the sole protection and
benefit of the paxties and their successors and assigns. No other person, including but not
limited to third party beneficiaries, shall have any right of action based upon any provision
of this Agreement.
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 completely state the agreement in fuR. 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.
28.
Authorit,v to Execute. Eax:h party hereto expressly warrants and represents
F: \REAL\8~,3%3006~OO/,\DEVELOP/,. AGM
lo/o~/9s 33
that he/she/they has/have the-authority to execute this Agreement on behalf of
his/her/theft corporation, partnership, business entity, or governmental entity and warrants
and repents that he/she/they has/have the authority to bind his/her/their entity to the
performance of its obligations hereunder.
IN WITNESS WHEREOF this Agreement has been executed by the authorized
representatives of the parties hereto.
'City'
City of Temecula
Attest:
By:
Jeffrey E. Stone, Mayor
June S. Greek, City Clerk
Approved as to form:
Peter M. Thorson, City Attorney
F:\REAL\84,3%300(~,OO4\DEVELOP4.AGlI
10/0~/95
BCI/CCL VENTURE NO. 1, L.P.
California limited partnership
and BCI/CCL VENTURE NO. 2, L.P.,a
California limited parmership
BY: CCL CHARDONAY HILLS, INC.,
a California corporation, their
General Partner
By
STATE OF CALII:ORNIA
COUNTY OF ORANGE
On October 11, 1995 , before me, Arleen D. Sales,
Notary Public, personally appeared David Chang
personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that
by his signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the
instrument.
WrrNLcS my hand and official seal.
ARLEEN O. SAI~S
Signature of Notary
CAPA~ '~ i f CLAIMI~D
[ffCorporate Officer
Title(s)
President
{~Partner(s)
Cl Limited Ca'General
[] Attorney-In-Fact
~ Trustee(s)
ID Guardian/Conservator
a Other
SIGNER IS REPRESENTING:
CCL Chardonnay I-qillg, Inc.,
a Califorrda corporation,
General Partner of BCI/CCL
Venture No. 1, L.P. & BCI/CCL
Venture No. Z L.P.
DESCRH"fiON OF ATTACHED
DOCUMENT
Amendment and Restatement of
Development Agreement
Specific Plan Area 14
Planning Application No. 94-0078
and 94-0079
'Margarita Village"
NUMBER OF PAGES
Forty-Four (44)
EXHIBIT A
EXISTING DEVELOPMENT APPROVALS
General Plan -Low-Medium Density Residen~inl
Specific Plan - Stat~ Subdivision Map Act No. 460, Specific Plan
No. 199 (Margarita Village), Ordinance No. 348.
Development Agreement -Development Agreement No. 5
Land Divisions - Tentative Tract 22716
Final Tract Map No. [To be inserted]
F:\REAL\~3\3OO6~OO4'~DEVELOP/,.AGN
10/0~/95
EXHIBIT B
EXISTING LAND USE REGULATIONS
General Plan Land Use designation is Low-Medium Density Residential.
F:\REAL\B~3~3006~00/.~DEVELOP/,.Ag4
1010/,195
EXHIBIT C
LEGAL DESCRIPTION
[To Be Inserted]
F: \REAL\8,~3\3OO6~DO&\DEVELCP/e
10/(Y,/95
EXHIBIT D
REQUEST FOR NOTICE OF DEFAULT UNDER DEVELOP1VIEJ~ AGRF-F-MENT
Development Agreement:
Amendment ~nd Restatement
of Development A~reement
Specific Plan Now 199. Mar~arita Village
Planning Application No.
Date:
To: City Clerk and Planning Director, City of Temecula
Pursuant to Section 6Co) and (c) of the above-referenced Amendment and
Restatement of Development Agreement, request ishereby made by
as Mortgagee for the property (or portion thereof) to receive 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)
(Person/Department)
(Address)
(City/State/Zip)
(Telephone No.)
A copy of this Notice should be filed with the project file to insure proper and timely
notice is given. Under the teams of said Amendment and Restatement of Development
AgreeBent, as Mortgagee ~s entitled to receive copies of any Notice of Default within ten
{10) days of sending any such Notice to Owner. Failure to send any such Notice may have
serious !eRal consequences 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 properly and
is entitled to receive copies of Notices of Default under said Amendment and Restatement
of Development Agreement.
F: \REAL\8/,3'~OOG~QOZkXDEVELOP/, .AGN
1
The undersigned declares the above information is true and correct under the penalty
of perjury under the laws of the State of California.
Datul: ,1995.
MORTGAGEE
(signature)
Its:
(title)
[Notary required]
This Notice is to be sent to both the City Clerk and Planning Director for the City of
Tcmecula at 43174 Business Park Drive, Temecula, CA 92590 or such other location as
Temecula City Hall may be located in the future.
F:\REAL\BA3~,~OO6~OO~DEVELOP4.AGN
10/04,,,9~
PERFORMANCE
EXHIBIT E
SCHEDULE FOR RECREATION
[See attached]
F: \REAL\8~3%30064,00~,\DEVELOP~, .AG~
10/0,~,/95
CCL CoNs'r~ucnoN, INC
Stplmnbg21, 199S
:23100-2end23100-3unkssG.min,L.'--(Ssuc]bdow) gnmstbaRfaes~m
udPm:Ar~
My photo t~,,-~,-~ is (714) 5~-3214 m:L #13.
2DIDMAaM II'~tEL,'T',IUnlC~I(2.11IVtliE. CADaTI& 714g:34~14
mmmmmmmMm~mmmm
mm~mm~mmm~
~mmMmm
mmmmmpmm~mmmmmm
m~mmm~mmm~mM. Mmm.
C~GMI'!!UCTIQNBGT4EDUi. JE&STAM
CHAItDONIMY I41.L8
i
C~3t~'TRUCT~I mC:H~D~JI,,~ ·
I
II II IIII
II
ATTACHMENT NO. 7
EXHIBITS
R:~STAFFRF~?gPA95.PC 9125/95 t~n ~
CITY OF TEMECULA
CASE NO. - PA95-0078 DEVELOPMENT AGREEMENT FOR TRACTS 23100 and 23101
EXHIBIT - A VICINITY MAP
PLANNING COMMISSION DATE - OCTOBER 2, 1995
]~:',STAIrFILPI~7~PA95.PC 9/25195 ~n
ITEM #4
TO:
FROM:
DATE:
SUBJECT:
Planning Commission
Debbie Ubnoske, Planning Manager
October 16, 1995
Draft Development Code
MEMORANDUM
Prepared by:
John Meyer, Senior Planner
RECOMMENDATION:
Staff recommends the Planning Commission review the draft
Development Code, take public testimony, and direct staff to
make any modifications in order to make a recommendation of
approval to the City Council.
INTRODUCTION
On March 20, 1995, the Planning Commission began the Public Hearing Process for the
Temecula Development Code. The Development Code is the primary instrument for
implementing the General Plan. Temecula's General Plan is a 20oyear Plan, while the
Development Code and the Zoning Map respond to shorter-term needs and conditions. Each
of the residential, commercial, business park, and other land use designations are detailed by
land use zones which specify permitted uses, conditional uses, and development standards
for each zone.
BACKGROUND
At the July 17, 1995 Planning Commission meeting, the Commission reviewed and
commented on the Consistency Zoning and City sponsored General Plan Amendment which
were then continued to the August 21,1995 meeting. At the August 21,1995 meeting, the
Commission provided direction on 15 General Plan Amendments, and three modifications to
the Zoning Map. At the September 18, 1995 meeting the Commission provided direction for
two additional General Plan Amendments.
Staff is now requesting the Commission review and comment on the Revisions Addendum
which includes changes to the Chapter 9.34 Definitions of Terms. In addition to the Revisions
Addendure, staff has attached a complete version of the City Attorney Comment Letter, which
also responds to questions previously raised by the Planning Commission.
REVISIONS ADDENDUM
The attached Revisions Addendum consists of changes requested by the Commission during
its review of the Draft Development Code dated March 9, 1995. The additions/revisions to
the section are shown in ~i~ and the deletions are shown with a strikc out. Page
numbers reference where the modified text is located in each section. Please note the
attached revisions addendum has been updated for the October 16, 1995 meeting.
Attachments:
Revisions Addendum - Blue Page 3
City Attorney Comment Letter - Blue Page 4
ATTACHMENT NO. 1
REVISIONS ADDENDUM
REVISIONS ADDENDUM
October 16, 1995
The following Revisions Addendum consists of changes requested by the Commission during
its review of the Draft Development Code dated March 9, 1995. The additions/revisions to
the section are shown in ~ and the deletions are shown with a ~
R:~DEVCODEX!~EVADD2 10/12/95
Chapter 9.03
9.03.040
(c)
Admini~ration of Zoning
Public Hearing and Notification (see page 5)
Posting of P~uperty
See graphic at end of addendum
Chapter 9.04 Permits
9.04.030 Home Occupation Perudis (starts on page 9)
(d)
(1)
Requirements for Approval, Conditional Approval, or Denial of a Home
Occupation Permit
The home occupation shall be conducted entirely within in a dwelling or
attached enclosed building and must be clearly subordinate to the use of the
dwelling for residential purposes. Further, not more than twenty (20) percent
of the gross floor area not to exceed 300 square feet, Shall be used exclusively
for a home occupation,i~i! Horticultural activities
only may be conducted outdoors, but shall be within the rear one-half of the
parcel.
(3) There shall be no ~ sales of goods or displays of goods on the pmmi~c~.
(15)
If the Home Occupation is to be oondueted on rental property, the property
owner's writlea authorin,ion for the propo~ use shall be obtained prior to
the submittal for a Home Occupation Permit.
Chapter 9.05 Development Plans
9. 50. O10 Development Plans
Co)
(2)
~ ~',,~c~ Required (see page
Developmerit of an indivi&ml re-~idt~nlial
or ~1 ~ ~ ~ w~ ~,
An individual Single family home on a previously subdivided lot is exempt
from the Development Ixlan requirements. Residential Development projects,
for which a tentative or parc~ map is or was required arc not exempt from
submitting a Devdopment Plan.
R:XDEVCOD~X~.~VADD2 10/12/95 2
(d)
(1)
Hcaximg Procedures for Approval of a Development plan (see page 2)
_Appxoval by Director of pl_annln~: When a proposed projea is less than
10,000 square feet of new building area or. is the .toview.of'single family tract
~, and requires a negative declaration, EIR, or other action under CEQA,
the Director of planning Shall have the authority to approve, approve
conditiOnally, or deny the project. The Director of planning will ~
'oCh^~,~'-'-I; a noticed public hearing prior to making a determination.
9.05.020
Co)
Administrative Approval of Development Plan
When Required (see page 3)
Admini.m'ative review is permitted for applications for minor exceptions,
temporary uses, and subatantini ennformancc to approved plans, and for
development ~ Fl~n; less than 10,000 Sq. ft. that are exempt from the
CEQA process, and for modif~tlions to pteovioudy axopmvod plans x~viowed
by the, approval body.
Chapter 9.06 Residential Districts
9.060.020 Description of Residential Districts
(d) Low Medium Density Residential (LM) (see page 2)
The Low Medium Residential zoning district is intended to pwvide for the
development of single family homes on lots of $~ 7,2~'Y3 to 10,000 sq. ft. of
net lot area. Typical density for the Low medium Density Residential
Development is from 3 to 6 dwelling units per acre,
Table
9.06(a)
Schedule of Permitted Uses (starts on page
Permit Congregate Care Residential Facilities for the Ridefly in the L-2 Zone
l~ptlnl DiStrictS (subject to special use standards and regulations as
discussed below).
Add footnote to Family Day Care Homes - l ~rge (7-12 children) as follows:
A CUP processed for Lar~ Family Day Cam Homes is subjcct !o Healfit and
Safety ~ Section 1597.46 (a)(3). In accordance thmmvith, noti~ of the
apron I~ ~ed shall be mailed m suumm~ prupe~y owners within
100 feet only and the notice shall indicate that mdcss a request for a IP, arint is
R:',DEVCODE~REVADD2 10/12~5 3
Table
9.06(b)
Development Standards - Residential Districts Oxtge 5)
L-2
,';---:--~.~------:-- Dwelling Units per Acret-~ ~
9.06,050 Special Use Standards and Regulations
(a)
O)
Residentlal Density Incentives (see page 6)
Increase in the Maximum Residential Density. TIffs ml~tioa is exclusive of
den~ty bonuses as established under tl~ State Government Code Section
6~915. As a part of the process...
(2~
Privacy Standards (see page 8)
Visual Screening. All windows of adjacent residential units Shall be OffSet ~
from windows of the adjacent units. 8creoning is
to bc aehicved by appropriato placement of windows in adjacent units and
through discretionary placement of landscaping. Windows Shall be off$et at
least three feet or angled to prevent direct view into an adjacent residential
unit.
(d) Accessory Structures and Uses (see page 10)
(e) Swimming Pools (see page 11)
Swimming Pools and ~ which are capable of holding water to a depth of 18
inches or deeper shall be located only in the side or rear yards or allowable
buildable area, with a setback of five feet from any property line. and ~
shall be enclosed by wall~ or fences no less than ~ 6 feet in height on exterior
property lines. Pool ~ equipment an~ rr= may be located in side and
rear yards with a setback of at least three feet from any property line ~
R:',DEVCODE~RBVADD2 10/12/95
(h)
Senior Citizen/Congregate Care Facililies/Affordablc Housing (see page 12)
Senior citizen/congregate caxe facilities/affordable housing d~velopments axe
perulittod in the (I.2, LM, M, alld Ix) zoning districts subject to the approval
of a Development Plan by tho Dire~r of plnnning
O)
(2)
O)
(2)
MnnufacUtred Housing (see page 14)
The exterior siding shall ~ oonaist of dthef wood or
stuooo as dotormlned by the Director of Planning. In determining the material
to be used, the Director shall consider the types of consU'uction materin!.~ used
on existing houses in the immediate neighborhood.
Family Day Care Home Design Standards (see page 14)
~i~~ Large day care facilities (seven (7) or More children) shall
not be located within 300 feet of another large ~ facility.
(o)
(2)(g)
(3)
Property Maintenance (see page 21)
"Vehicles as used in this section Shall include but not limited to, commercial
vehicles, automobiles, trucks, i~ trailers, motor trucks, senfi-
trailers motorcycles, mopeds, campers earnper shells boats or other large
portable recreational and commercial equipment; and,
Recreational Vehicle Storage Yard
P,r. lig'ous instimliuns ar~ ~onditiomtly pea~iU~. in all ,~sidem~al zoaiag.
dialrim. Religious institutions shall b~ developed in the illowing manna.
( 1 ) The facility shall comply with all !and use rogulations and si~e development
standards of lt~e zoning dimlet in which it is loca~d.
(4) krealioual fadlifies other than open fields shall havo a minimum 25 ft.
s~ from pru~ lines adjoining n~ uses.
(5) The buildings and l~trking shall be !o~ to minimize impact on adjm:eut
toddeafial uses.
~ nnd Breakhst EsrdblishmetU (B&B's) am conditionally pennituxi in all
residentS1 rming districts. Bi3's shall be deveJoped in the b]iosvi~g
(t) The Facility bbali cemidy w~ edl hind use n:gulations and s~ dcvck~praem
standards of the zoui~ dlstticr in which ~r is 'louttad.
C2) The usc. shall be incHera] to the primary us~ of the re,e, klential structure to
eu.mre eompatil~lity with adjacent residential uses.
(4) The.asw, tior appeer~nee of ~he sttuc~re shall have a ~resi(kmial/slngle-family
characta.
(9) In addition to th~ residential parking requirements, I off-street lxtrking space
shall be providgxJ for each guest room. Tandan paxiclng shall be permitted.
(ll) S&Bsshailmectatlofthcrequiremcntsofthe(~ityFireDepaxbjdmtand
County lieallb Depmlment.
(13) No Xeceptions, 'private parties or similar activities, fur which Z fe~ is paid
shallbepetmit~!
9.06.060 Landscape Standards
(b)
(3)
plant Material (see page 23)
Street tFe~s Shall be planted at a minimum of one t~ee per 45 linear feet of
street frontage. Intctior tn~ ~hn]] be n minimum 14 gallon ni~ at time of
R:~DRVCODE~,I~VADD2 10/12/95 6
(d) Landscape Design Standards (see page 24)
(1) all setback m shall be landscaped, ...
Chapter 9.08 Commerci3YOffice/Industrial Districts
9.08.030 Use regulations
Table 9.08(a) (starts on page 4)
Aerobics/Dance/C-~uu~astic, s/Ja,,ercise/martial Arts Studios (less than 5,000 Sq.
Aerobics/Dance/Oymnasfics/Jazz~rcise/manial Arts Studios (greater than 5,000 Sq. ft.)
Alcohol and Drug Treatment (outpatient) - prohibit in NC
Alcohol Beverage Sales and S~iee - no change
Adult businesses ~ Subjoa to Chap~ 5.08 of the Tem~da Municipal Code
Cutlm~ - P~,,,iUa:l }n CC, HTC .and SC
D~licatesscn - Conditionally Permit in NC
General Merchandisc/R~tail Store < 10k sq. ft. - Conditionally Permit in NC
Guns and Firearm Sak. s - Permilt~d j~ CC and SC
Mas~
R~--re~on~l Vehicle l~rL~ - Co~!itjonaliy Pexmit~ in HTC
Restaurants and Other Eating Establishments - conditiona|ly permit in NC
9.08.050 Special Use Standards and Regulations
Chapter 9.16 Specific Plan Overlay District
9.16. 020 Procedures
(e)
(1)
Findings (see page 2)
The proposed Specific Plan is consistent with the General Plan
9.16.060 Amendments to Approved Plans (see page 4)
Amendments to approved Specific Plans Shall be made ~ the same procedure as ~
followed when the plan was adopted. Any adopted Specific plan may also be repealed by the
same procedure as ~i~ii~ the plan was originally adopted. Prior to the adoption
of an ordinance to repeal and discontinue a Specific Plan, the City Council, with a
recommendation from the Planning Commission, shall find that the plan is no longer
necessary for the orderly and systematic implementation of the General Plan, The repealing
ordinance Shall include provisions for the immediate application of appropriate zoning to the
area covered by the re~aled plan.
Chapter 9.18 Village Center Overlay District
9.18.020 Procedures (xee page
(a)
Pre-submittal and Preparation of VilhL, e Center Plans
A preliminary application and fee are required prior to filing a formal Village
Center Plan application. A pre-application conference with the Planning
Department representatives is required prior to filing of the formal specific
plan application. This is intended to provide direction to the applicant and to
provide information prior to preparation of detailed plan~,
(2)
Prior to the preparation of a Vilh~,e C~-m~r ~ applicant slmll hold a pubiv:
scop'mg meeting to identify pmn~ comity congoms about the project.
Public noti~ of the s~n~ mee~g is tsquired. Noticing procedures shall be
(e)
(I)
Findings (see page 2)
The proposed Viiiage Center Plan is consistent with the General Plan
9.18.060 Amendments to Approved Plan (see page 4)
Amendments to approved Village Center Plans shall be made ~ the same procedure as
~ followed when the plan was adopted. Any adopted Village Center Plan may also be
repealed by the same procedure as ~;ii~ii~ the plan was originally adopted. Prior
to the adoption of an ordinance to repeal and discontinue a Village Center Plan, the City
Council, with a recommendation from the planning Commission, shall fred that the plan is
no longer necessary for the orderly and systematic implementation of the General Plan_ The
repealing OrdinanCe Shall include provisions for the immediate application of appropriate
zoning to the area covered by the repealed plan.
Chapter 9.24 Off-street Parking and Loading
9.24,020 General Provisions
(d) Location of Paxking and Loading Facilities (see page 4)
(3) Vehicles and Equipment Repair Storage
The following provisions shall apply to any vehicle, motor vehicles,
motorhome, camper, camper trailer, trailers, unmounted camper, trailer coach,
motorcycle, boat or similar conveyance in all residential district, and to
sites in any other district used for residential occupancy:
Table 9.24 (a)
Parking Spaces Required (starting on page 8)
Commercial Uses
Fumimrc Stores, BuJk
Restaurants
* Fast Food
1 space/75 SF-GFA, with a minimum of 10 spaces in all cases,
Quoing laxtoo for drive up windows may bo countod toward the
offstrcot parking requirement equivalont to 1 space per 20 ft of
Recreational Uses
Batting Cages 2 spaces per cage, with other uses cal~'ulatud separately
Aembics/hnce
/Gymnasticsllazzercisc
/Martial Arts 1 space I~r 200 SF of GFA
9.24,040 Parking Requirelnents
(g) Motorcycle Spaces (see page 19)
Facilities with over...
Motorcycle parking spaces shall be counted as fulfimng the offs~regt partd,L~
reqe~ts at the rate of two (2) mofow~e spaces for one (I) vehicle
mpac~. Up m eight (8) mororeycle parkh,g spaces in addition to the minimum
may be provided to reduce off street parking n~qu~.
9.24.0~0 ParkinE Facility Layout and Dimension
(a)
(b)
(1)
(g)
Parking Space Dimensions (see page 13)
The minimum size of a standard parking space shall be 9 feet wide and ~9 ~
feet long (9' x 4~ 18'). ~ ~ w',~in e.n~ ~a'a~s shall I~ 10
feel ~d~and.20fe~t Imp.
Driveway/Drive Aisles
Driveways providing access to parking facilities Shall have the following
dimensions:
Non-l~sidential Uses. The minimum width shall be ~wel-ve ~ feet (4--2-~
for one way traffic...
l~ndscaping (see page 19)
All landscape aleas shall include tree, shrub and 8~u~ndcover plantLugs.
Layout of plant material shall be consistent with the City's adopted water
efficient landscape ordinance. Although mulch is required it cannot bc
confide, red a substitute for groundcover.
Chapter 9.34
9.34.01
(a)
Definition of Terms
Dermitions and Illustrations of Terms
hA" Dermitions and Illustrations (starts on page 1)
Abandoned Activity A business or activity with no mpozl~l sales or production for a
perled of at ( s0) d ys ....
Apartment
One or more rooms with a private bath and kitchen facilities
comprising an independent serf-contained dwelling unit in a
building containing more than two ~ dwelling units.
Apartment Building A structure containing three (3) or more...
Co) riB" Dermitions and Illustrations (starts on page 4)
Base Flood · i'-:~'!.i .... equaled or
flood.
R:XDEVCODI~EVADD2 1~t12/95 l0
Basement
Body or Hearing
Body
Buffer Zone
Building, Main
Building Height
Building Historic
A space wholly or partly underground and having more than
one-half ~ of its height, measuring from its floor to in
ceiling, below the avenge adjoining grade; ff the finished floor
level ~y above a basement is more than SiX ~ feet above
grade, such basement Shall be considered a story.
A mound or embankment of earth, usually two ~ to siX ~ feet
in height.
The individual or group duly authorized by this c~.FW, r to grant
changes to, relief from or special consideration under ~ the
An area of land separating two ~ distinct land uses that acts to
soften, mitigate, or protect the effects of one land use on the
other.
A building within which is conducted the principal use permitted
on the lot as provided by this !i~ c~aFtcr.
no more than five ~} percent of the roof area shall be
excluded from the measurement.
A building ~ list individually on the National Register of
Historic places by a State or county agency charged with
recognition or preservation of historic structures, or by
~ :-~l--'-tlc, n of the ~ Council as having ...
(c)
Camp, Public
Centerline
"C" Def'mitions and Illustrations (starts on page 10)
A plot of ground upon which two ~ or more campsites ...
The centerline of a street as referred to in the
sh U ...... the
shall designate the centerline.
Church
(Religious Facility)
Clinic
Conditional Use
An assemblage of people for ~ "'^--~:-
...... v or an institution
facilitating ~, ,n,^_,.:_ includting
... who remain less than ~4 hours, and which
may ...
... of such use as specified in ~ taae Develcgment Code
Or?:---.~..-n^~ and authorized by the Phmni~g Commission.
R:~DEVCODB~!BVADD2 10/12/95
Condominium
A structure COetaining two ~} or more ...
Congregate Care
Apamnent housing, us.ally for senior citizens ~
Imdicqul~[ in ~'~-~,dan~ ~ Health and Safe~y Code Section
which ...
Congregate Living
Health Facility
... medical supervision, ~~ ~4- hour ~l~llcd
nursing o _
Court
Any open space, unobstructed from S,u-nd to sky, other than a
yard, that is on the same lot with and bounded on two ~ or
more sides by the walls of a building.
(d) "D" Def'mi~ons and mustrations (starts on page Id)
Demolish
To remove more that :/-5 percent of the exterior
building or structure, as measured by the linear length of the
Wall.%
Detached Building
A building which does not have a wall of f~4 feet or
more in length in common with another building.
Drug Abuse Recovery
or Treatment
Facility Any ~ ,~---c~', place or building which is maintained and
operated exclusively to proved ~ ~4 hour
residential nonmedical services in u group sotting to adults,
which may include, but need not be limited to,
~!~.!.~ mothers under eighieen (18) 4-8 years of age and
their child~n, who are recovering from problems relaled to
alcohol, drug, or drug and alcohol misuse or abuse and a~e
con~ntly capable of meeting thoir lifc support nccd~
indopcndenily, but who temporarily need
and alcohol Euidunoc, counseling, or other alcehol or drug
recovery Vestment or deWxif'w, atlon services.
Dwelling,
Multifamily
A building or portion thereof used an/or designed as a residence
with three ~ or more separate dwelling units.
Dwelling, Stacked
An aUached multiple family building that is two ~ or more in
height ....
Dwelling,
Townhouse
An attached dwelling, typically two ~ stories in height, ...
R:~DEVCODEXP, EVADD2 10/12~95 12
Dwelling, Triplex A detached building that is designed for occupation as a
residence for three {~ families living ...
Dwelllng Group
A group of three ~ or more detached buildings used ...
required by this :h=F*.er but not including
tourist o_
(e) "E" Defmltions and llhtstrations (pa~e 22)
Existing Use The use of a lot or structure at the time of the enactment of ~
(f) "F" Def'mitions and Illustrations (starts on page 22)
Family
One or more persons related by blood or legal status or a group
of not more than six persons, excluding servants, not related ~
blood or marriage, living together as a single housekeeping unit
in a dwelling unit.
Family Day Care
Home, Small
A home which provides family day care to six or fewer
uu n, incl.ding c.u . who
reside in the home.
Family Day Care
Home, Large
A home which provides family day care to seven to twelve
hi l. g who
reside in the home.
Floodway
.. the water surface elevation more than ~iiii~ -l- foot ....
Food Market
· normally less than ~n nnn square
feet of floor area.
Foster Family
Home
Any residential facility providing ~14 hour care
for six ~ or fewer foster ...
Front Lot Lines
... ff the lot in quesdon is a comer lot classification, the
narrower of the two ~ frontages shall be designated as the
front lot line.
R:%DEVCODE~,EVADD2 10112]95 13
(g) "G" Dd'mitions and Illustrations (starts on page 26)
Garage
A deck, building or ~ structure, or pan thereof, used or
intended to be used for the parlring and storage of vehicles.
Caade
... within five ~ feet of a sidewalk, the average of the finished
ground level at the sidewalk-
"Granny Flat"
Housing
~ ~, additional dwelling unit to be attached or detached from a
primary ~ ~:"~r,--?~/on a parcel zoned ...
Group Home
Any residential care facility for six ~ or fewer persons which
is licensed by the State.
(h) "H" Definitions and Illustrations (page 30)
Health Care
Facilities
Facility or institution-, ...
Homeowners
Association
A community association conducted solely by owners and/or
occupants of a particular reaklew~ developritual dwclling unit in
a manner incidental to residential occupancy.
Hospital,
General Care
... an organized medical staff which provides
~4 hour inpatient ...
Hotel
A residential building containing six ~ or more guest rooms ...
(j) "J" Definitions and Illustrations (page 31)
Junk or Salvage
Yard
... materials, machinery, two ~ or more unregistered and
inoperable motor vehicles or other types of junk.
(k) "K" Defmitions and Illustrations (page 31)
Kennel
An establishment in which more than four ~ dogs or
domesticated animals more than four ~ m6~iths old are housed,
groomed, bred, boarded, trained or sold.
R:~DEVCODEXRBVADD2 10/12/95 14
(l) "L" Dermifions and Illustrations (starts on page 32)
Lowest Floor
... of the Flood plain Requirements of this
Lot, Corner
A lot or parcel of land abutting upon two ~ or more streets at
their intersection, or upon two ~ parts of the ~ame street
forming an interior angle of leSi ~han
~ 125 degrees.
A lot having access to a street by means of a private driveway
access easement, or parcel of land not meeting the requirements
of this Development 'Code O~r:----cc for lot width, but having a
dimension of at least twenty (20) ~O feet at its narrowest point.
Lot, Subs~andard
Any lot which does not meet that minimum dimensions requh'ed
by this ~ c~i::.=:c the area of any easement
which resU'icts the normal usage of the lot may be included.
Lot Area, Net
... To generally calculate net area, ~i~ ~4} percent of the
gross area is assumed to be used for public rights-of-way.
Depth
The average linear measurement between the from and rear lot
lines when measured at ~i~ 90 ~ ~cc~,~c angles
fwm the fwnt lot line.
Lot Line, Front
... of the two {~ street frontages sha[l be designated as the front
lot line.
... straight line not less than ~i~j 40 feet long, within the
lot, and most nearly parallel to and at the maximum distahoe
from the front lot line.
(m) "M" DeEions and Illustrations (starts on page 35)
Map Act
The Subdivision Map Act of the State of California,
Merger
The joining of two ~ or more ...
Minor Exception
A special permit which wffi allow minor adjustments to certain
requirements set fmlh in ~ the Developmere Code when it can
be shown that strict compliance would be impractical or
undesirable in meeting the purpose and intent of ~
~ the ordinance and that the adjustmeat wffi
not have an adverse effect on the adjoining properties. A Minor
R:~DEVCODE~REVADD2 10/12/95 15
Mixed Use
Mobile Home Pa~k
Motel
ExceptiOn is granted at the discretion of the pinnning Director
subject to limitation set forth in ~ ~ Development Code.
... of land with two ~ or more different uses..:
Any area or tract of land where two ~ or more .lots are rented
or leased or held out for rent or lease to accommodate two ~
or more manufactured homes or mobile homes used for human
habitation.
An establishment otherwise defined as a hotel with at least
~ ~-5 percent of all rooms...
(n) "N" Dermitions and Illustrations (starts on page
Neighborhood
Center
... is approximately five ~ to ~i!~ acres in size.
Neighborhood
Commercial Center ... is approximately two ~ to three ~ acres in size.
Nightclubs,
Taverns, Bars
Establishment ~ providing preparation ...
Nonconforming
Iand
A parcel the size, dimensions or use of which was lawful prior
to the adoption of, revision or amendment to
~.i~!i~::. .... ::, ~:~.i~ the Ordinnnec, but which fails
by reason of such adoption, revision or 3mellchllent, to Couforlll
to the present requirements of
Nonconforming
Structure
A structure or building the size, dimensions or locations of
which was lawful prior to the adoption of, revisions or
amendment to this DOv~I~
~ tho Ordimmcc, but which fails by reason of such
adoption, revision or amendment, to conform to the present
requirements of the ~
Nonconforming
Use
A use or activity which was hwful prior to the adoption of,
revision of amendment to
the C~'dinnnCC, but which fails, by reason of
such adoption, revision or nmendment, to conform to the present
R:~DEVCODE~VADD2 10~12~95 16
(o) nO" Definitions and Illustrations (page
Owner of P~vl~roy
(p) "P" Definitions and Illustrations (staffs on page
Tentative
A map which is made for the purpose of showing the design and
improvement of a proposed subdivision of less than five (5) lots.
parc, eh, ~ondominiums, eemamunity apartmere project, or stock
cooperlives and the existing conditions in a around ...
Parking Space
... parid.g standards for the ~ district, which is accessible
and available for the parking :'~;'~ vehicle.
Person
~, county, district, or any o"ther group or combinations
hereof acting as an entity.
Personal Service
Shops
... hair salons, mailing centersm ticket sales, ~ travel agent
and mas,aagc.
(r) "R" Def'mitions and IMustrations (starts on page 41)
Residential Care
Facility for the
Fide fly
A housing arrangement chosen voluntarily by persons
60 years of age or over, or their authorized ...
Residential Care
Facility
An family home, group care facility, or similar facility
determined by the Director of social Services, established for
!i~ ~4 hour nomedical...
Restaurallt,
Drive-In
... confines ~ e the building, often in a motor vehicle.
R:XDEVCODE~EVADD2 10/12/95 17
(s) nSw Def'mitions and HlusWa~o~ (starts on pa~e 4~)
Sc~xndary
Dwelling Unit
An additional dwd/iag uait .Io a latlm~r'J resia~e an a ~
or d~ dwdling unit which may ~ ~nt~ and p~vides
~mpl~ ~d~t ~: H~g ~c~ f~ one or mo~
~ns. ~ ~r ~ of ~ a~h~ S~ ~elling
U~W my n~ e~ ~ ~ ~t of me ~r ~ of
~ H~g ~ of ~ ~ ~n~ nor Shall ~e ~
~ Of a d~ch~ ~d u~t e~ 12~ ~ ~.
Senior Citizen
Housing
Complexes
Licensed housing for persons sixty-two (62) 65 )eAtr% of age or
older, or unlicensed housing for persons fifty-five (55) ~-5 years
of age or older, including such housing ... provisions of this
Shopping Center A group of three ~} or more commercial establL~hments ...
Slope
... rise to the run time !~.~ 1~.
Specific Plan
Under Article 8 of the Governmental Code (Section 65450
~ ..... ' legal
...... · ., .,,~,~/, atool ...
Standards,
Development
Requirements in ~i~i~~i~i~i~
~ the Ordimmee that govern building ...
Story, Full
... from the avenge adjoining grade to the ceiling is over five
~feet.
Story, Haft
A space under a sloping roof where the line of intersection of
the roof and wall face is not more than three ~ feet above the
floor level, and in which the possible floor area with had ~
~-~- of five ~ feet or less occupies at least forty ~ 40
percent of the total floor are of the story directly beneath.
(t) "T" DeFinitions and Illustrations Goage 47)
Travel Tniler
A vehicle, other than a motor vehicle, which is designed or used
for human habitation and for travel or recreational purposes,
does not at any time exceed eight ~ feet in width and forty
~ feet in length, and may be ...
R:~DEVCODE~R~VADD2 10/12/95
(v) ~V" Def'mitions and Illustrations (sta~s on page 48)
Vm~e
Permission to depart from tho Ordinance
when, because of special circumstances applicable to ~e
property, strict application of the
~ ~ deprives such property of pn'vileges enjoyed by
other property in the vicinity which is under identical zoning.
Vehicle, Wrecked ... parts exceeding one ~ square foot in area.
Village Center
An area which is designated on the General Plan as a Village
Center or has been rezoned with application of the Village
Center Overlay ~ District ....
(z) "Z" Definitions and Illustrations (page 50)
Zoning District
A specifically delineated area o~ district ~ within
a municipality in which ...
The map or maps which are a part of this Code and delineate
the boundaries and ~ :c, nc districts.
R:',DEVCODEXREVADD2 10/12/95
ATTACHMENT NO. 2
CITY ATTORNEY COMMENT L.- I I ER
R:XDEVCODEXDRAFTDC.PL"9 10/12/95 vSw 4
BURKE, WmLIAMS & SORENS'~
August 14, 1995
John Meyer
Senior Planner
City of Tcmecula
43174 Business Park Drive
Temecula, California 92590
P,~: Y.,enmlnlng D,zve, lopment Code Issues
D~r John:
As requested, the following rdects my research inlo the outsumding Development
Code issues. The information you or the Planning Commission requested will be provided in
a question and answer format to assist you in working tluough each of them.
Q-1. Is the City preempted by Federal or State law from regulating in which
zones fn"earms dealers and gun sales my occur?
Pursuant to the F~erdl Gun Conwol Act, 18 U.S.C. 927, there is no ~pxessexl
Congressional intent to occupy the field of firearms licensing. Any slate or local regulation
would he permissible unless it conflicted wi~l Federal law. Ftlxther evidence of this lack of
Federal preemption can bc found in the requirements of the 1994 Federal Violent Crime Bill
which contains a provision that requi~s to be eligible for a Federal Fins License, the
applicant must tirst certify that his or her business complies with local and state licensing
regulations, (18 U.S.C. 923(d)(1)(F)). Consequently, if the local zoning prohibited the sale
of firearm in certain zones, such as a residential zone or a neighborhood-~ommcr~l zone,
then the Federal Bureau of Alcohol, Tobacco, And Firearms would deny the licensc if the
applicant indicated the same on the license certification.
A similar analysis of Slate law indicates that there is no express px'uemp~on of local
regulations providing where firearms could be mold and where they are prolu'bited to be sold
so long as the regulations pertain to the location of sales and not who is licensed.
lohn Meyer
Senior Planner
City of Temecula
August 14, 1995
Page 2
Government Code Sec'tion 53071 l~vides that:
'h is the intent of the Legislature to occupy the whole field of
regulation of the regisUation or licensing of commercially manufactured
firearms as encompassed by the provisions of the P~al Code, and such
provisions shall be exclusive of all local regulations, relating to
registration or licensing of cemrav.~dly manufactured firearms by any
political subdivision as d~ned in Section 1721 of the X~_hOr Code.'
Zoning regulations arc neither a 'registration' or *licensing' meehaxism for firearms
or any other sales or services. Zoning regulations are regulations of the uses to which land
can be puL As such, if a zoning ordinance does not allow for the sales of firearms in ceaUin
zones, such as a residential zone or a neighborhood-commercial zone, it will be permissible
under Stat~ law even in light of Government Code Section 53071.
Can the City require a noticed public hearin2 prior to the conslderation by
the City Council of Memoranda of Understanding which start the process
or development agreements betveen the City and land developea~?
The Memorandum of Understanding process utilized_ by the City of Temecula in
which certain under'standings are reached between the City and land devclopen prior to
engaging in the formal development agreement proc. e~ under Government Code Section
65864 et s~I. is a local creation. It is not provided for under the Government Code.
Therefore, the City has the option to utiliTe. whatever process it chooses which comports with
due prcr, e_~. As a result, there is no legal reason why a noticed public heaxing could not be
held prior to consideration of a Memorandum of Understanding at the City Council level.
As no~xl at the Planning Commission session whea'~ this issue was ra~, holding a
noticed public heating at the Memorandum of Understanding stage may, in many
circumstances, bc premature. With ~c MOU, dcvelopers are mexe. ly asking the City Council
for an early *read* ff the City Council would entertain a projcc~ of a specific size and scope.
Many of the details which are most likefly to be of interest to the public have not been
defined. When the particular project's en~~emcnt or the actual development agreements arc
submitted, the public will be provided notice of the public hearings on thcse items at both the
Planning Commission and City Council lcwels. At that point, much more information will be
John Meyer
Senior Planner
City of Temecnla
August 14, 1995
Page 3
available for public consideration.
Section 9.03,030(c), on the notl~ to property owners, what options does
the City Council have to be able to obtain an updated surrounding
property owners llst when a project hn~ been in the phrasing process for a
considerable length of time and a substantial change in surrounding
property owners may have occurred?
The City of Temecula currently provides double the mount of public notice required
for land use public hearings than is required by State law. State hw only requires notice to a
300 foot radius, while the City has opted for a 600 foot radius and a minimum number of
properties to be noticed. In addition, the City Council has expanded the "posting" of public
heming notices required under State hw for 'big' or 'significant' projects by requiring a
large sign to indicate that a project is proposed for a specific property. State law compliance
would be achieved by merely posting on the subject properties the same later-size public
hearing notice generally mailed to prvpa~ owners.
With the above as a background, providing updated property owner lists at some
subsequent date raises some legal and practical difficulties. The legal difficulties are that on
a certain date, generally thirty days from application submittal, the City is required tO
determine if the filing is complete. The 'complete' determination is based on having the
surrounding properly owner list included. Furthermore, with certain limited exceptions, once
the 'complete' determination is made, the City is prohibited fwm requiting additional
information, submittals, or processing fees to be paid.
As a practical matter, the City would have to determine at the outset what the
threshold for requiring a new surrounding property owner list submittal would be. Are the
threshold projects that have been in processing for one year, two years, or those tha~ have
had significant development occur on prc'viously undeveloped surrounding property? Perhaps
the easiest way to both legally and practically implement such an additional notice
requirement would be tO increase the deposit required when applicants file to cover the
preparation of the surrounding property owners after that of initial submithl A refund of
this additional deposit could then be made if the supplemental surrounding property owner
list was not required.
John Meyer
Senior Planner
City of Temecula
August 14, 1995
Page 4
Q.4. section 9.06.030, Is the City required to permit manufactured homes and
mobile homes on single-family residential lots?
Cities are required to permit the installation of manufactured housing on lots zoned
for single-family residential dwellings under Government Code Section 65852.3. Such
housing types are referred to as "factory-built housing" and defined in California Health and
Safety Code Section 19971 as:
".. . a residential building, dwelling unit,. or an individual
dwelling room Or a combination of rooms thereof or building
component, assembly, or system manufactured in such a manner
that ffl concea/ed parts or processes of manufacture cannot be
inspected before installation at the building site without
disassembly, damage, or desauction of the part... which is
either wholiy manufactured or is in substantiff part
manufactured at an off-site location to be wholly or partially
assembled on-site in accordance with building standards in the
State Building Standards Code ..."
The term "factory-built housing" specifically does not include a mobile home, mobile
accessory building or structure, recreationff vehicle, or a commerciff coach.
In regulating manufactured homes, the City may only subject the manufactured home
and the lot on which it is placed to the same development standards to which traditional
single-family residentiff structUres would be subject on the same lot. However, the
manufactured home would be subject to the same building setback requirements, rear and
sideyard, parking requirements, aesthetic requirements, and minimum square footage size.
Architectural review is limited to roof overhang, types of roofing matetial, and siding
matetiff may be imposed on the manufactured home even though the same are not imposed
on tradifionff residential structures. Roofing and siding materiffs shffl not exceed those that
would be otherwise required of traditional residential structures on the same lot. The City
may not require special permits or other hurdles which manufactured housing must process ff
the same are not required of traditionff single-family structures on the same lot. The only
exception here would be the allowance for architectural review for manufactured homes
which may be required by the City even if the same is not required of traditional single-
John Meyer
Senio~ Planne~
City of Temccula
August 14, L995
Page 5
family structures. Consequen~y, the City is xeqnired to pemj. t manufactured homes on
single-family resident~l lots.
Very slmilnr requlremenM to those noted abov~ are imposed on the City for mobile
homes and mobilehome parks. The City may no~ prohibiI mobile homes on lot zoned for
traditional single-family residential structures. The only ¢xccprlon to this requirement is tlml
the City does have the oplion to determine ff the lot for the proposed installalion of the
mobile home is compatible for mobile home use. In addition, ~c City can apply all of the
sam~ standards to the installation of the mobile home on the traditional single-family
fesidenLial lots that it would apply to such I/Mitional single-family sa'ucture. The only
limitation her~ would be certain aspects of archi~.J. ural r~iew under Govexnment Code
Section 65852.3. Furthermore, tl~ ~ablishm~t of a mobile home park is deemed a
permitted land use among all lands zoned or planned for residenrlal land use as set forffi on
th,' adopt~ General Plan, The City may w.~luirc a Conditional Us~ PermiX to permit such a
us~ under Government Code Section 65852.7. Consequenfiy, with limited excc"ptions, the
City must p~rmit the installation of a mobile home on a Lraditional single-family residential
lot.
Q.S. Section 9,06.030, May the City require a Conditional Use Permit for large
faxnily day care homes and under what limlia~ondcirc~m~tances?
The City may r~xlulre Condilional Use Permits for large family day cam homes in
accordance wiffi the C~llfornia Child Day Care Facilities Act, Heal~ and Safely Code
Section 1596.70 et seq. The City may also establish ~em as a permitted use or may
establish cerlain pe.~ormance standards as auffiofized by statu~: such as u-a~ic, parking,
spacing and concentration, and noise and allow all ~ose who m~eX thos~ standards to
opezate. Slam law allows family day care homes of six or less W opez~te in a residential
z~ne as a matter of fight. Only when a home would have b~tween seven and ~e. lv~ children
would it be classified as 'large' and allow the City to regulate the use as a non-residential
use.
ff the City selects the Conditional Use Permit option, please be advised that Health
and Safety Code Section L597.46(a)(3) modifies the CUP process as we have become
accustomed to it To begin with, public notice is only provided 'to pmpexty owners withirl
lOO feet of the proposed use and a public hearing is held only ff a surrounding property
John Mcyet
Senior Plannet
City of Tmecula
August 14, 1995
Page 6
ownet or oiltar 'affect~ penon' specifically requests one. If no hearing is requested, the
Condilional Use Permit automatically issues. P---_e-~use of the fight language of lifts stamn:, it
do~s not seem to n~ g~t the City has the option to modify the s~ndards such as inereasing
the notice requirement as the C'zty has don.' in other axeas.
In terms of irnplcmentlng the Conditional Use Permit requirement, I suggest that the
draft Development Code bc roodflied m reflect a footnon: for 'Pablc 9.06(a)'s mferenc~ for
'Family Day Care - Large' to indicate th~ special procedural requixemea~s of Health and
Safety Code Section 1597.46(a)(3). This leomot,' Could read as follows:
'A CUP pxocea.scd for Largc Family Day Care Homes Ls subject
to Health and Safety Code Section L~97.46(a)C3). h accoxdanc~
therewith, notice of the application be:rag fled shall be mailed to
sun'ounding propmy owners wixhln 100 feet only and the notice
shall indicate that unless a request for a hearing is made by such
surrounding property owner or other 'affecn:d person' the CUP
will issue within twenty (20) days of the notice. If a hearing is
requested, the Planning Department shall schedule such hearing
within thirty (30) days of the request and the hearing shall be
held within thirty 00) days of being scheduled.'
I have attached a morn comprehensive ordinance: addressing I ~rge Family Day Care Homes
adopted by the City of Los Alamitos for your r~f~reace: in the event the City decides a more
comprehensive approach is desired.
Q.6. Section 9.06.0~0(m), Second Units, Can the City mandate a minimum size
for the second units?
Yes, the City is specifically authorized by Government Code Section 65852.2(d) to:
".. . establish minimum and maximum unit siz~ requirements for both attached and detached
second units. No minimum size for a s~cond unit, or size based upon a percentage of the
existing dwelling, shall be established by ordinance for either attached or detached dwellings
which does not permit at-least an efficiency unit to be constructed in compliance with local
development standards.. .' As a result of the above, the City may establish minimum and
maximum unit size for second units, but must permit them to be at least as large as an
John Meyer
Senior Planner
City of Temecula
August 14, 1995
Page 7
efficiency unit.
Q.7.
Section 9.08.30, May the City require a Conditional Use Permit for service
stations who desire to concurrently sell rootor vehicle fuel with beer and
wine? If so, under what circ.me, ances or under what limitations does the
City face in requiring a CLIP?
Yes, the City may require a Conditional Use Permit for service stations that des[re to
concurrently sell motor vehicle fuel with beer and wine. The City may not prohibit the
concurrent sale of motor vehicle fuel with beer and wine under Business and Professions
Code Section 23790 et seq. The existing county zoning ordinance adopted by the City,
(Ordinance No. 347), contains generally adequate provisions in this respect with the
exception that the requirement that the decision to grant or deny the CUP be based upon
"substantial evidence in view of the whole record to justify the ultimate decision."
To implement the CUP requirement, I recommend adding an additional use to Table
9.08(a) "Automotive Service Stations Selling Beer and/or Wine - with or without an
Automated Cax Wash." This use would requ[re a CUP in all zones. Once listed, I
recommend that a footnote be added to read as follows: "The CUP will be subject to Section
9.08.050(g) hereof." Section 9.08.050(g) would then be revised to read as follows:
"(g) Alcoholic Beverage Sales
(1)
All businesses or establishments offering the sale
of alcoholic beverages shall require the
appropriate license from the State of California
and the City of Temecula and be subject to a
Conditional Use Permit.
(2)
Any automotive service station which proposes to
sell beer and wine concurren~y with motor
vehicle fuel shall require a Conditional Use
Permit which permit shall be subject to the
provisions of Business and Professions Code
Section 23790 et sea. and shall require that:
~ohn Meyex
Senior Planner
City of Temccula
August 14, 1995
Page 8
The decision be based on written
findings.
A denial of an application for a
CUP be subject to airpeal to the
City Council in accordance with
Section 9.03.100 of th/s Code.
The sam~ procedure for norlcing,
and conducting the CUP hearing
that is utinT~ by the City for all
other CUP's be used and provide
for all paxtics to be pr~n~t ~d to
present evideace.
The decision and findings be based
on substantial evidence in view of
th,' whole record to justify the
ult/mzte decision.
The above bn~ne~SeJ ~h~11 not be located within
live hundred feet (500') of any religious
institution, school, or public park The License
aFplication shall be reviewed by the City's Police
Services prior to Ciiy's approval.'
Section 9.06.050(j), Does the State regulate outdoor play areas for f~mi_ly
day care centers or does the City have the option of imposing a specific
standard?
In accordance with ~he California Child Day Care Facilities Act, Health and Safety
Code Section 1596.70 et seq., the City may establjsh certain performance standards such as
traffic, parldng, spacing and concentration, and noise. Pa outdoor phy areas do not appear
on this list, the City's authority in this regard is limited. Some jurisdictions have required
that the outdoor play areas be securely located and approl~,'ly landscaped. This appears to
John Meyer
Senior Manner
City of Temecula
August 14, 1995
Page 9
bc the e~t~nt to which th~ City can regulate the outdoor play areas.
Q.9. Section 9.06.050(o)(2)(d), Does the Uniform Ftre Code regulate parking in
sideyard setbacks, Le., 3' from a structure?
The Uniform Fire Code adopts the Uniform Buildin~ Code's, ('UB.C'), reclulremcnts
for separation or clear areas around "escape or rescue windows.' L~BC Section 120zt
provides in Mewant part that:
".. .[~IAiI escape or xescue windows shall have a minimum net
clear openable area of 5.7 squat~ feet. The minimum net clear
openable height dimension shall be 24 inches. Th~ minimum
net clear openable width dimension shall be 20 inches.. .'
As a remit of the above, parking in the sideyard setback is permissible if the clear operable
area is maintained. Certain additional requirements may also apply such as fire walls,
building separation, or emergency access.
Q.lO. Table 9.08(a), On what b3sLs can the City distinguish between outdoor
swap meets and outdoor farmers markets?
There is no legal requirement for the City to allow or prohibit either outdoor swap
meets or outdoor farm~r's markets. Consequen~y, a corm reviewing the distinctions or
classifications prepared by the City would look to the reasonableness of the classifications
and the different treatment resulting themfwm. One basis for such a distinction could be
General Plan policies which'seek to promote the rural lifestyle of which a farmer's markP_x
could be an integral part. On the other hand, an outdoor swap meet would not tlt those same
policies. Consequently, a reasonable and rational basis can be found for distinguishing
between the two uses.
Q.11. Section 9.08.050(g), Is the requirement in thlg Section for a 500'
separation from churches and schools ancl alcohol uses valid?
Business and Professions Code Section 23789 generally regulates the location of bars
and liquor stores in relation to churches and schools. As to churches, Business and
~'ohn Meyer
Senior Planner
City of Temecula
August 14, 1995
Page 10
l'rofessions Code Section 23789 1oermits the Department of Alcoholic Beverage Control,
('A.BC'), to refuse to issue a license 'within the immediate vicinity of churches and
hospitah. ' As to schooh, the ABC is authorlve~_ to refuse to issue a license within 600' of a
school. The City's zoning a~tho~ty does allow the City some fiefibility to set up additional
criteria which do not conflict with State law. As the City's standard is mot,' restrictive, it
would likely be valid.
Q.12. Section 9.2A.IBOCn), Is the reference to "specialized work-related vehicle'
speedlle enough to allow the City to differentiate between vehicle types for
on-street parking purposes and for purposes of prohibiting parking in the
driveway or front yards in resldenthl zones?
As to parldng on public streets, it is h'lmly that the City would only be able to
differentiate between vehicle types which are defined in thc f'~lifornia Vehicle Code which
does not contain a listing for 'specialized work-related vehicle.' Even ff the City can find a
classification which is defined in ~e Vehicle Code for on-street parking, the City will need
to provide adequate notice of the local provision to avoid due process violations.
In 75 Ops. Cal. Atty. Gen. 239, ~e CaIifomia Attorney General issued an opinion
which addressed the issue of whether a City could pmhjbit the parking of particular
categories of vehicles on private pwperty, such as driveways and private commercial pafidng
lots. The Attorney General. concluded that because the C-~tifomia Vehicle Code does not
regulate such parking ~e authority to regulate such parking would stem from the city's
Constitutional police power. Thus a city can regulate pafidng on private property to ~e
extent that it can regulate any. other land use. The major issue therefore is whether or not
the ordinance provides sufficient notice of what typea of vehicles are prohibited and how this
information is transmitted to the pubtic.
As drafted, Development Code Section 9.24.020(h) does not seem to pwvide enough
notice of aactly which vehicles are encompassed within the term 'specialized work-related
vehicle.' Thus, enforcement of this Section would pwbably violate due process because
people are not given enough notice of exactly which vehicles will violate the ordinance. If
the City wishes to prohibit the parking of these types of vehicles on private property, the
City should either clarify the definition or list exactly which vehicles will violate the
ordinance. Simply offering one or two examples in lieu of a definition will likely not sati~
John Meyer
Senior Planner
City of Temecula
August 14, 1995
Page 11
due process, thus rendering the ordinance unconstitutional.
Q.13. Section 9.24,040(d), Does the City have the authority to impose higher or
more strict requirements for the provision of handicapped parking -
especially with certain types of uses such as doctor's offices, medical
buildings,-physical therapy centers, etc.?
· AS a matter of development studaxe, the City could impoa~ additional or higher
standards in tr~ms of the number of handicapped parking stalls required as a condition of
dewlopmem approval. Such standards, if used, should be establhhed as a part of th,-
performance standards for any zone in which the City d~ them to apply. The City could
rationally and legally distinguish between the types of uses to which the higher number of
handicapped parking s, alh apply by focusing the City's efforts on doctor's office~, medical
buildings, and physical therapy centers. Such additional standards, ff used, should be
enumerated as additional performance standards for the specified uses. The City does not
have the option to lower the standards for disabled parking or access prodded for in Federal
or State law or regulation.
Q.14. section 9.24,040(e), what, if any, authority exists for the City to d'nforce
the 'Compact Cars Only* designation on *compact car* purldug spaces?
Labeling a paxking space 'compact caz only' may not satisfy due process if the intent
is to enforce this restriction. Neither the phrase 'compact car' nor the phzase 'large car' or
'full-size car' are defined in the California VeJ~_ieie Code. Thus someone cited for parking a
*large car" in a "compact car" space would lilc,3.1y violat~ the notice requirements of due
proces~ because a driver cannot tell from reading the ordinance or the maxking on the
parking space whether his or her car q.-nllfies as 'compact' or 'large' car.
If the City wishes to enfm-ce this type of restriction, the City will likely have to
incorporate definitions, with dimensions of "compact ear' and *large car" into the City's
Codes. Additionally, the City may want to m:luire the words 'compact can only" or
possibly some type of signage be used in private parking lots to further ensure that the notice
requirements of due process are met.
John Meyer
Senior Planner
City of Temeeula
August 14, 1995
Page 12
Q.15. Section 9.24.040{e), Is there ~ requirenat that the City keep compact
parklnE stalls as an option for developers to ~__~st in meeting off-street
paridng requirements? Are there any legal problems assochted with
,~lhv, ln~tlng coinpact parking stalls as applied to future development?
I was unable to locate any general legal requirement that the City continue to permit
the use of compact parking stalls, To the extent that some areas of the City axe covered by
Development Agreements or yeSling tract maps, these vested entitlemerits may allow
developers covex~d by those ~l~e~'~c entitlemeats to continue to use existing parking
standards which may include the use of compact parking stalls. A brid contact with the
Southern California Aj.r Quality Management District indicates that they hav~ no m:~nd_Kte for
citie~ to allow compact car parking stalls and there is no incentive for cities to malnmin them
from the SCAQM:D,
Q.16. Section 9.26.025, Covenant or Easement, Does the City have the authority
to amend or release the Cove_n_~__ni if the !and use entitlement by which it
was imposed expires or terminates?
Covenants of ~=~raents were cn:ated by Government Code Section 65870 ~ ~. to
allow cities to ensure access, parting, or ~imilar issues could be addressed when one
property owne~ holds two adjoining properties and traditional real property law would
provide that any easement jn that situation (from the owner to the name owner) would merge
into the underlying fee ownership and thus absolve. The practical impact of this traditional
real property rule ~ts to prevent LI~ City from cttsttring ~,t,,,,.~, parking, etc. in this situation
which it could erasure by others not under common owne~'ship.
The City does not have ihe option to amend the covenant or to provide for the
automat~.c release of the covenant of easement when the underlying entitlement expires or
termhaws. Howev~, Government Code Section 65874 does spec~fically rcquize the City to
establish a release procedure for the covenant of easement which requires a public hearing.
Such a procedure could also be used W amend the covenant finn amendment was ncc-qury.
The City Council may in the enabling ordinance designate itself or some other body of the
City, such as the Planning Commission, as the hearing body. As a result, the covenant of
easement can be released, but a public heating will be required.
John Meyer
Senior Planner
City of Temeeula
August 14, 1995
I hol~ th~ foregoing information is helpful to you. If you have any questions
regarding a matrex, please feel fze~ contact me.
Enclosure
cc:
Sincerely,
crrYoF~ .
Gary Thornhill, Community Development Director
Peter M. Thorson, Esq., City Attorney
ORDINANCE NO. 589
AN ORDINANCE OF TI{E Cll f COUNCIL OF THE CITY OF LOS ALA1VIITOS,
CALIFORNIA, ADOPTING ZONING ORDINANCE AMENDMENT I07-9S AMENDING
SECTION 12-37.U. OF THE ZONING CODE PERTAINING TO THE REQUIREMENTS
FOR LARGE FAMILY DAY CARE HOMES IN THE CITY.
Th~ City Cound] of~ City~ofLos Ahmitos do~s find and dEt~min~ as follows:
SECI~ON ONE.
WI~X~F_AS, ~ v~'rified n.pplication ha~ bee~ filed fo{ a cer~tin property., to wit: all prope~es within
corl~rat¢ botmdazi~ ofth~ City of Los Aln.,nko~ and.
WttEREAS, said v~fified n4~plication coa.~mtt~ a re~u~'x as provided I~. Section 22-71 of th~ Z. or~ng
Code;
WI-~KEAS, the PlannL~ Cornminion ~d on fi~ 6th day of Feb~u~y., 199~, hold a duly ooticed public
h~ng as pr~crlb~d by law m c~dex s~id n~lu~-t: and.
WHEREAS, th~ City Council did on the 27th day of. February, 1995. l~old duly nofic.~d public hea~ as
p~ctil~l by L~w to consider said rcclu~q.' a~d,
WHEREAS, a~ said public 1~, upon l~adng and c~idering all ?~jmony and arguments, if any, o~
· ll pe~ens d~iting to be ~ said Council cot~id~d all factors rcladng to Zo~'xg Ordinnn~
Amendment (ZOA) 107-9I
WHEREAS, putsum~ xo the p~/isions of th~ CaKfomia Envlronw~t~| Quality Act (CEQA), an
envi~ checklL~t aud Ne~ive Dcclnx~tion ~tz p~l~xed for the proj~c~ a~ documem~l in Cky
Coun~l R.~oluti~n 1565, and availabl~ for public xcvi~.w beginain~ hnuat~ 13, 1~5; and,
~, Zeaing' OrdL'~n~ Amen&nent 107-95 is con.~is-t~nt with and implements th~ goals and
obje~iv~ of ~ Ci~s G~ral PI,~; and,
V~IEP, EAS, Zoning Ord~nnc~ A~d:ndm~nt I07-95 is in the be~t long ranl~ in~rc3ts ot th~ c~nmunRy
r~ to th~ n~-~ for th= e~'tablLsh~en~ ofre~uL~tion~ for us~ such as ~ fam~y day car~ homc~ du~ to
~-IEREAS, Z_/mi,~ O~ Amendment 107-95 i~ consistent with th~ Innd us~ d~velopm~t 80~1~ and
SE~.' ~ ~ON TWO:
Th~ City Council of the City ofL<~ Ahmitos ~ ord,~in as foilrow:
Sect'ion 22-37.U. o~the L~s .Al,~n~t~ Zo~g Code i~ I~rsby amended by repe~Iing the word~ linezt through
an~ ~h:l~g thC word~
Uv
Day Care C~,~t~ m~d Larb-~Family. thy Cn, ~ IIomes :r, defmcxi in thi: Chapter =ubj cct to the
bamnoo of a $ondi~onal use permit ~nd the following provisi~srm: .
A mjaimum ofsovcnW! five (75) sq4e~ fexx of outdoor play uea $d ~i~: five (35)
~u~ f~ of hd~r pl~v area s~l be pto~d~ ~ tMld. ~w ou~o~ play ar~ sh~ b0
I~ ~ ~cl~ by a ~ (6) ~ high ~' ~11 ~th a ~ cl~g ~d ~If
Ftte Department approval and a li~se From tho Orange Counly Social Services
D~nt~,eat ~ be obtain~ prior to occupa~..- of tho Day Care Center or L~rgc Fmrdly
Day Car~ Homo.
3. OFF str',ct parking '~kdl bo provided in aoeordanco with go~. 22 15.
F~,dly Day Cato Homoe -jmll not be :ubj~ct to the pro~i~ion~ of Scctioa I597.46. (a) q3)
of the Health and gafcty. Co~..
Day Care Centen and Large Family Day Care Homes as defined in this Chamer. subject to the
foltOwin~ Orovisions:
1. Day Care Centers.
Off-street parking shall be provided in accordance with Sea[on 22-
bm
'Fb; provider shall secure th~ a;~prop~at¢ ekild care license, as t~iuired bv the
Omn~e Cottory Soda[ Services Department, prior to a Certificate of Occuoaucy
being issfa~ to kke ~v ~ center.
m
Lax~: Family Day Caxe Homes shall be a oenaltted accessory use for dwell[no lcx:ated in
a residential zone, subject to first obtaininz a modified conditional use ~ermit as described
below:
Axmlication~ for modi~ eouditional use vermit~ shall be subrallied to the
Community Develooment Dco,a~me.nt
FOllowing ~ receipt ofa comDlexc application. the C~unitv De~l~m~
D~t sh~l ~ n~ of~ a~ u~ ~ ~1
! O~t ~i~ of~e e~or ~n~u of~e p~M ~ FsHv Day C~
~loommt Dim~or $h~[ m~e a deision ~ the application ~thin ~n
A oublic hearinl shall not be held on the aoolica~on unless a publle hearing is
ieiuested. in wrifinl. by either the aDpliennt or other affected person. Th= Dublie
hearing: shall be held in a manner as ore~e~bed in Sections 22-69 and 22-77 of the
~ Ala, milo~ Zonint~, Code.
589 - 2
The Pt~nine Commission. in xhe ~ase of a Dublie hearing: or the Co~i~
D~lopm~t Di~ s~ll a~D~ the noDlicntion uo~ ~ndinethat ~e D~d
use ~vli~ ~th all ~e ~llo~in~
(l)
(2)
Th~ Lark~ Family Day Care Home is ~c orovid~fs own residence, ~c use
~ cl~v ~1 ~d ~n~' xo ~ use of ffie om~ for
~id~t~l nu~os~. ~d ~c ~cili~- ~y be ~i~ licensed child
~r ~ only ~ ~i~ bv ~c S~ate.
The opralion of the facility sixall camair with noLs~ standards cO_ntalncd
in Article XI of the Los Alamixos Zoning Code and the Noise Berneat of
the Los Alamiws C,-oncrnl Plan,
f3) Off~t parking shall be vrovidcd in accord~c~ wiffi Section 22-45.
~4)
Th~ proposed use muSt camair ~th all State Fire Marshal reauir~ments
for buildin~ and safm, ~ich anon to Lan~ Family Day Care Homes.
and with all local buildin~ and fir~ cod~s which apntv to sinszlc-familv
residences.
The nmvidcr must secure a Lame Fandlv Day Cam Home licstse from
tl~ Ornn~ County Social Services Dcnarnnent ~rlor to issuance of a
Ccaificate of Use and Occunan~v forthe Lame Family Day Care Hon~.
Ray ~ouiomcnt shall be Iocat~l in a .s~cur~ area and all outdoor Play
areas shall b~ landscaped.
(7~
The Lan~ Farnilv Day Care Home shah ~ be located within a ratEus of
300 feel.. mens'uv~l from the vronenv lines of the $ubi~:t vmnertv, of an
existiniz L~gc Famih' Day Cam Home_
The fadliB, shall be operated in a manner so us not to aD~ar us a
cu,,u~crcial o~cration, and ~e nroocrtv shall be malmalne~t
llcl~ ~ral affl~nra~c~ and chara~r of the residential neighbor'oood.
Ifliz ~ovlicant is dissatisfied with the decision of the Community Dm:topmcnt
Director. the avolic:mt may appeal in va'itinq to the Planning Co,u,ission within
tm (I0) days ofthc Dirc~or'$ decision.
The Community Ocvdo~m~m Department shall be authorized to collect a
necsnrv to orocess the Modified Conditional Use Peru,jr for - Lar~ Family Day
Cam
City Council shall certify to thc passage and adoption of this Ordmnc~ by tl~ City Council and wifh~,
fajhzn days shall ~,,-- the sam~ to be publkshcd in tlz ~ provid~ by law. Said Ordinance slnll rake
589 - 3
PASSED. APPKOVED. AND ADOPTED nt a. m..gular me~in~ of zhe City Council of the Ci~ of Les
Alamitos, California held on this 13th day of Marc. h. 1995.
Mayor, Ci~, of LOs Alarmms
City Clerk ofth~ City. of Las Alamitos
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY' OF LOS AI. AM1TOS )
SS
k Donna S. Velin, City. Clerk of the City of Los AJami,os. do hereby cerffS.- that the foregoing Ordin~ne~
was introduced on the 27~h day of Februa.ry, 1995, and was adoprod on the 13d~ day of Mar& 1995, by
the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMKMBERS:
COUNCIl,MEMBERS:
COUNTERS:
COUNCILMEMBERS:
A 1' 1 F_.ST:
City Clerk of the Ci~' of Los Alamitos
aLordS&9
589 - 4