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HomeMy WebLinkAbout01-02 CC OrdinanceFOLLOWS: ORDINANCE NO. 01- 02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND S-P MURDY LLC" (PA 00-0029) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS Section t. The City Council of the City of Temecula does hereby find, determine and declare that: a. S-P Murdy LLC ("Owner") filed Planning Application No. PA00-0029 in accordance with the City of Temecula General Plan and Development Code for land use approvals for a 557 acre planned community along the east side of Pala Road, south of State Highway 79 South between Loma Linda Road and Deer Hollow (formerly Fairview Avenue) in the City of Temecula ("Project"). development development development development housing and b. Government Code Section 65864 authorizes the City to enter into binding agreements with persons having legal or equitable interests in real property for the of such property in order to, among other matters: ensure high quality in accordance with comprehensive plans; provide certainty in the approval of projects so as to avoid the waste of resources and the escalation in the cost of other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the pdvate and public economic costs of development; and provide for economic assistance to Owner for the entitlements authorizing development related improvements. c. On September 6, 2000, September 20, 2000, October 4, 2000, October 18, 2000 and December 6, 2000 the Planning Commission of the City of Temecula held duly noticed public headngs on the Draft Environmental Impact Report, the proposed Development Agreement and the other land use applications for the Project at which time all persons interested in the Draft EIR, proposed Development Agreement and the Project had the opportunity and did address the Planning Commission on these matters. d. Following consideration of the entire record of information received at the public headngs and due consideration of the proposed Development Agreement and the Project, the Planning Commission adopted Resolution No. 2000-037A recommending to the City Council that the Development Agreement be approved, subject to certain recommended conditions. e. On January 9, 2001, and January 23, 2001 the City Council of the City of Temecula held duly noticed public headngs on the Draft Environmental Impact Report, the Draft EIR, proposed Development Agreement and the other land use applications for the Project at which time all persons interested in the proposed Development Agreement and the Project had the opportunity and did address the City Council on these matters. R:Ords 2001-02 1 f. Following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the proposed Draft EIR, Development Agreement and the Project, the City Council adopted Resolution No. 2001-01 entitled "A Resolution of the City Council of the City of Temecula Certifying the Environmental Impact Report Prepared for the Wolf Creek Specific Plan No. 12 (Planning Application No. 98-0482) and Related Actions, and Adoption of the Environmental Findings Pursuant to the California Environmental Quality Act, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program in Connection Therewith." Section 2. and declares that: The City Council of the City of Temecula further finds, determines a. In consideration of the substantial public improvements and benefits to be provided by Owner and the Project, in further consideration of the implementation of the Wolf Creek Specific Plan and in order to strengthen the public financing and planning process and reduce the economic costs of development, by the Development Agreement, the City intends to give Owner assurance that Owner can proceed with the development of the Project for the Term of the Development Agreement pursuant to the terms and conditions of the Development Agreement and in accordance with the City's General Plan, ordinances, policies, rules and regulations existing as set forth in the Development Agreement. In reliance on the City's covenants in the Development Agreement concerning the development of the Property, Owner has and will in the future incur substantial costs in site preparation and the construction and installation of major infrastructure and facilities in order to make the Project feasible. b. The Development Agreement and the Existing Project Approvals, as defined in the Development Agreement, implement the goals and policies of the City's General Plan, and the Wolf Creek Specific Plan, provide balanced and diversified land uses, and impose appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within the City. c. The City has engaged in extensive studies and review of the potential impacts of the Project as well as the various potential benefits to the City by the development of the Project and concluded that the Project is in the best interests of and is not detrimental to the health, safety and general welfare of the City. d. The Development Agreement is consistent with the City's General Plan, and each Element thereof, and the City's Growth Management Action Plan, and constitutes a present valid exercise of the City's police power. e. The Development Agreement is being entered into pursuant to and in compliance with the requirements of Government Code Section 65867. f. All legal prerequisites to the adoption of this Ordinance have occurred. Section 3. The City Council of the City of Temecula hereby approves certain agreement entitled "Development Agreement by and Between the City of Temecula and $-p Murdy LLC" and authorizes the Mayor to execute said agreement in substantially the form attached hereto as Exhibit A. R:Ords 2001-02 2 Section 4. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 5. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED this 13t~ day of February, 2001. > ,- . STATE OF CALIFOR~I~ ) COUN~ OF ~IVERSI~E ) ss CI~ OF TEMECU~ ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 01-02 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 23rd day of January, 2001 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 13th day of February, 2001, by the following vote: AYES: 3 NOES: 2 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Roberts, Stone, Comerchero Naggar, Pratt None R:Ords 2001-02 3 EXHIBIT A DEVELOPMENT AGREEMENT R:Ords 2001-02 4 DEVELOPMENT AGREEMENT By and Between THE CITY OF TEMECULA, City, and S-P MURDY, LLC, Owner. DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of the day of ,2001 ("Agreement Date"), by and between S-P MURDY, LLC, a California limited liability company (hereinafter "OWNER"), and the CITY OF 'TEMECULA, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "CITY"), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code (the "Development Agreement Legislation") and Article XI, Section 2 of the California Constitution. RECITALS This Agreement is predicated upon the following facts: A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. B. The Development Agreement Legislation authorizes the CITY to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economid-coStS Of development; and provide for economic assistance to OWNER for the entitlements authorizing development related improvements. C. OWNER is the owner of certain real property within the City of Temecula the County of Riverside, State of Californ'a (the 'Property"), as more particularly · · nt' "1" described ~n Attachme attached hereto and made a part hereof. OWNER desires to develop the Property in accordance with the provisions of this Agreement, the applicable regulations of the City of Temecula and those regulations of other agencies exercising jurisdiction upon the project. The Scope of Development of the Property as contemplated by this Agreement is described in the Agreement in Section 1.4. D. OWNER has applied for, and the CITY has granted, this Agreement in order to create a beneficial project and a physical environment that will conform to and complement the goals of the CITY, create a development project sensitive to human needs and values, facilitate efficient traffic circulation, and develop the Property. As part of the process of granting this entitlement, the City Council of the CITY (hereinafter 641384 02/06/2001 - 1 - the C~ty Counc I ) has required the preparation of an environmental review and has certified the Specific Plan EIR as regards any significant effects arising from the Development and has otherwise carried out all requirements of the California Environmental Quality Act ("CEQA") of 1970, as amended. E. The following actions were taken with respect to this Agreement and the Project: 1. On December 6, 2000, following a duly noticed and conducted public hearing, the City Planning Commission recommended that the City Council approve this Agreement; 2. On , after a duly noticed public hearing and pursuant to CEQA, the City Council adopted the Specific Plan EIR for this Agreement. and the Project; 3. On , after a duly noticed public hearing, the City Council determined that the provisions of this Agreement are consistent with the General Plan of the CITY; 4. On , after a duly noticed public hearing, the City Council introduced Ordinance No. __ approving and authorizing the execution of this Agreement and on , the City Council adopted the Ordinance, a copy of which is on file in the Community Development Department at the CITY, and adopted the findings and conditions pertaining thereto, including those relating to the environmental documentation for the Project. F. The CITY has engaged in extensive studies and review of the potential impacts of the Project as well as the various potential benefits to the CiTY by the deve opment of_th.e_ Project_ and concluded that the Project is in the best interests of the CITY. G. In consideration of the substantial public improvements and benefits to be provided by OWNER and the Project, in further consideration of the implementation of the Wolf Creek Specific Plan and in order to strengthen the public financing and planning process and reduce the economic costs of development, by this Agreement, the CITY intends to give OWNER assurance that OWNER can proceed with the development of the Project for the Term of this Agreement pursuant to the terms and conditions of this Agreement and in accordance with the CITY's General Plan, ordinances, policies, rules and regulations existing as of the Effective Date. In reliance on the CITY's covenants in this Agreement concerning the Development of the Property, OWNER has and will in the future incur substantial costs in site preparation and the construction and installation of major infrastructure and facilities in order to make the Project feasible. 641384 02/06/2001 - 2- H. Pursuant to Section 65867.5 of the Development Agreement Legislation, the City Council has found and determined that: (i) this Agreement and the Existing Project Approvals implement the goals and policies of the CITY's General Plan, and the Wolf Creek Specific Plan provide balanced and diversified land uses and impose appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within the CITY, (ii) this Agreement is in the best interests of and not detrimental to the public health, safety and general welfare of the CITY and its residents; (iii) adopting this Agreement is consistent with the CITY's General Plan and constitutes a present exercise of the CITY's police power; and (iv) this Agreement is being entered into pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Legislation. I. The CITY and OWNER agree that it may be beneficial to enter into additional agreements or to modify this Agreement with respect to the implementation of the separate components of the Project when more information concerning the details of each component is available, and that this Agreement should expressly allow for such contemplated additional agreements or modifications to this Agreement. AGREEMENT NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Legislation, as it applies to the CITY, pursuant to Article XI, Section 2 of the California Constitution, and in consideration of the foregoing recitals of fact, all of which are expressly incorporated into this Agreement, the mutual covenants set.forth in this Agreement and for the further consideration described in this Agreement, the parties agree as follows: 1. Definitions. The following words and phrases are used as defined terms throughout this De',)elopment Agreement and-each defined termshall have the meaning set forth below. NO. 1.1. Authorizing Ordinance. The "Authorizing Ordinance" means Ordinance __ approving this Agreement. 1.2. CITY. The "CITY" means the City of Temecula, a California municipal corporation, duly organized and existing under the Constitution and laws of the State of California, and all of its officials, employees, agencies and departments. 1.3. City Council. "City Council" means the duly elected and constituted city council of the CITY. 1.4. Development. "Development" means the improvement of the Property for purposes consistent with the Project's land use authorization as set forth in the Development Plan, including, without limitation: grading., the construction of 641384 02/06/2001 - 3- infrastructure and public facilities related to the Off-site Improvements and On-site Improvements, the construction of structures and buildings and the installation of landscaping. 1.5. Development Agreement Leqislation. The "Development Agreement Legislation" means Sections 65864 through 65869.5 of the California Government Code as it exists on the Effective Date. 1.6. Development Fees. "Development Fees" means Development Impact Fees and defined hereunder and processing fees imposed on the Development as conditions of development as more particularly set forth in Section 4.2. 1.7 Development Impact Fees. Except as set forth herein and for purposes of this Agreement, Development Impact Fees (sometimes D.I.F.) shall mean individually and in the aggregate, the City's currently adopted D.I.F. fees as set forth in Ordinance No. 97-09 in effect as of the Effective Date together with a ten (10%) percent increase to the Parks and Recreation Component of the D.I.F. 1.8 Development Plan. The "Development Plan" consists of this Agreement, the City of Temecula General Plan, the Specific Plan, Tentative Tract Map No. 29305, the Specific Plan EIR (including mitigation monitoring program) prepared for the General Plan and Specific Plan the Existing Regulations, and those Future Development Approvals, if any, contemplated, necessary, and requested by OWNER to implement the land uses authorized by the Project. 1.9 Effective Date. "Effective Date" means the date the Authorizing Ordinance becomes effective. 1.10 End User. "End User" means a buyer, assignee, or transferee of one or more individual subdivided single occupancy unit/lot(s) of the Project, acquiring such lot or lots with the'intention of-occupying and using such lots-or I units for its own permanent purposes and not for resale, development or further subdivision. 1.11 Existing Regulations. "Existing Regulations" means those ordinances, rules, regulations, policies, requirements, guidelines, constraints or other actions of the CITY, other than site-specific Project Approvals, which purport to affect, govern or apply to the Property or the implementation of the Development Plan(s) in effect on the Effective Date. Existing Regulations shall also include the text of the zoning district designations of any zoning district applicable to the site of the Project in effect on the Effective Date. 1.12 Future Development Approvals. "Future Development Approvals" means those entitlements and approvals contemplated, necessary, and requested by the CITY or OWNER to cause the Development to occur upon the Property subsequent to completion of the Project and approved by the City currently upon or after the Effective Date. The parties hereto expressly anticipate Owner will institute mixed uses 641384 02/06/2001 - 4- on the property that may include some combination of residential, institutional, commercial, recreational, and other uses. 1.13 Non-end User. "Non-end User" means a buyer, assignee, or transferee of one or more individual lots or tracts of the Project, acquiring such lots or tracts with the intention of developing, improving, or using such lots or tracts for development and/or resale. 1.14 Off-site Improvements. "Off-site Improvements" means the improvements set forth on Attachment 2 as more specifically described in the Development Plan. 1,15 On-site Improvements. "On-site Improvements" means physical infrastructure improvements or facilities that are or will be located on the Property as described in the Development Plan. Certain On-site Improvements may be specifically addressed in this Agreement, which are identified on Attachment 3. All others will be dependent upon the Development and the required Future Development Approvals. 1.16 OWNER. "OWNER" is initially S-P MURDY, LLC, a California limited liability company, and all successors in interest, in whole or part, to this entity. 1.17 Planning Commission. "Planning Commission," means the duly appointed and constituted planning commission of the CITY. 1.18 Project. "Project" means the adoption of this Agreement thus securing and refining the scope and intensity of the Development Plan, including the land uses to be developed upon the parcel which is approximately Five Hundred Fifty-Seven (557) acres in area and which is generally located adjacent to Pala Road between Loma Linda Road and Deer Hollow Road. The uses permitted and scope of the Development shall be consistent with the development standards set forth in the Development Plan (excerpting Future Development Approvals) and any applicable zoning district in effect on the Effective Date (copies of which are attached hereto as Attachments "4" and "5" and are incorporated herein by this reference) subject to the express limitations in this Agreement. 1.19 Project Approval. "Project Approval" means the accomplishment of the actions as described in Section 1.18. 1.20 Specific Plan. "Specific Plan" means the Wolf Creek Specific Plan, approved by the CITY on January 23, 2001 and as thereafter amended from time to time. Any reference in this Agreement to a Planning Area shall mean the Planning Areas set forth in the Specific Plan. 1.21 Specific Plan E.I.R. "Specific Plan E.I.R." means that environmental impact report prepared for the Specific Plan and as certified on January 23, 2001. 641384 02/06/200! -5- 1.22 Street and Riqht-of-Way Improvements. "Street and Right-of-Way Improvements" shall mean, and include, but not limited to, all required pavement, base, curb, gutter, sidewalk, streetlights, irrigation, landscaping, fire hydrants, utilities, and all other routinely required improvements within public rights-of-way. 2. General Provisions. 2.1. ~ Covenants. The provisions of this Agreement to the extent permitted by law, constitute covenants which shall run with the Property for the benefit thereof, and the benefits and burdens of this Agreement shall bind and inure to the benefit of the parties and all successors in interest to the parties hereto. 2.2. Interest of OWNER. OWNER represents that OWNER has a legal interest in the Property that satisfies California Government Code Section 65565(b). 2.3. Term. This Agreement shall become effective on the Effective Date, and shall have a term (the "Term") of ten (10) consecutive calendar years. The Term shall commence on the earlier of either the date the CITY issues the first (1st) building permit for a residential dwelling unit within the Project or the second (2d) anniversary of the Effective Date, and shall terminate at 11:59 p.m. of the day preceding the tenth (10~) anniversary of the commencement of the Term, subject to specific extensions, revisions, and termination provisions of this Agreement. 2.4. Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: 2.4.1 If termination occurs pursuant to any specific provision of this Agreement; 2.4.2 Completion of the total build-out of the Development pursuant to the terms of this-Agreement and the CITY's issuance of all required occupancy permits and acceptance of all dedications and improvements required to complete Development; or 2.4.3 Entry after all appeals have been exhausted of a final judgment or issuance of a final order directed to the CITY as a result of any lawsuit filed against the CITY to set aside, withdraw, or abrogate the approval of the City Council of this Agreement for any part of the Project. 2.4.4 The lapse of the Term as set forth in Section 2.3. The termination of this Agreement shall not affect any right or duty arising independently from entitlements issued by the CITY or other land use approvals approved prior to, concurrently or subsequent to the approval of this Agreement, except as may be provided in this Agreement. 641384 02/06/2001 - 6- 2.5. Transfers andAssiqnments. 2.5.1. Right to Transfer or Assign to End User. OWNER shall, without the consent of the CITY, have the right from time to time and on such number of occasions as it chooses, to sell, assign or otherwise transfer any or all individual lots on final maps approved on the Property or any portion thereof, to any End User at any time during the Term of this Agreement. Upon the sale, assignment, or other transfer to an End User of one or more individual lots, this Agreement shall terminate with respect to such lots; provided, however, that nothing in this Section 2.5.1 shall release OWNER from completing any On-site Improvements related to such lots or any Off-site Improvements required by this Agreement or the Development Plan. 2.5.2. Right to Assign to Non-End User. OWNER shall, without the consent of the CITY, have the right from time to time and on such number of occasions as it chooses to sell, assign or otherwise transfer all or any portion of its interests in the Property together with all its right, title and interest in this Agreement, or the portion thereof which is subject to transfer (the "Transferred Property"), to any Non-end User at any time during the Term of this Agreement; provided, however, that any such transfer or assignment must be pursuant to a sale, assignment or other transfer of the interest of OWNER in the Property, or a portion thereof and shall be subject to the following mandatory criteria and conditions. In the event of any sale, assignment, or other transfer pursuant to this Section 2.5.2, (i) OWNER shall notify the CITY within twenty (20) days prior to the transfer of the name of the Non-End User, together with the corresponding entitlements being transferred to such Non-End User and (ii) the agreement between OWNER and Non-End User pertaining to such transfer shall provide that the Non-End User shall be liable for the performance of those obligations of OWNER under this Agreement which relate to the Transferred Property, if any. Each Non-End User and OWNER shall notify the CITY in writing which of the two entities shall be liable for the performance of each obligation. Upon any sale, assignment, or other transfer under this Section 2.5.2, the CITY shall in writing release OWNER from · all 0bligatiohs, if any, of OWNER i~hder this Agreement which relate'to the Transferred Property, and in addition shall acknowledge and agree in writing that the CITY's sole recourse for any refusal or failure to pedorm such obligations shall be solely against the Non- End User. Notwithstanding the foregoing, to the extent the CITY reasonably determines that OWNER's Development of the Project or a portion thereof is dependent upon the performance of obligations assumed by a Non-End User, which obligations have not been performed, the CITY may, in its reasonable discretion, withhold any approvals, including, without limitation, certificates, of occupancy, from OWNER and/or the Non- End User until such obligations have been substantially performed. 2.5.3. Rights and Duties of Successors and Assiqns. Any, each and all successors and assigns of OWNER shall have all of the same rights, benefits, duties and obligations of OWNER under this Agreement. 2.6. Amendment of Development Aqreement. 641384 02/06/2001 - 7- 2.6.1. Initiation of Amendment. Any party may propose an amendment to this Agreement and both padies agree that it may be beneficial to enter into additional agreements or modifications of this Agreement in connection with the implementation of the separate components of the Project. Notwithstanding any provision of this Agreement to the contrary, no amendment to the Specific Plan or to any conditions of approval contained therein shall require an amendment of this Agreement unless such amendment causes an inconsistency with the Development Plan and this Agreement. Unless and until this Agreement is amended to remove such inconsistency, the provisions of the Specific Plan and/or conditions of approval shall be superior and shall control, and this Agreement shall be without force or effect only as to such inconsistencies. 2~6.2. Procedure. Except as set forth in Section 2.6.4 below, the procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance. 2.6.3. Consent. Except as expressly provided in this Agreement, any amendment to this Agreement shall require the written consent of both parties. No amendment to all or any provision of this Agreement shall be effective unless set forth in writing and signed by duly authorized representatives of each of the parties. 2.6.4. Operatin,q Memoranda. The parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Development Plan and with respect to those items covered in general terms under this Agreement. If and when the parties mutually find that changes, adjustments, or clarifications are appropriate to further the intended purposes of this Agreement, and such are notinconsistent with the Development Plan, they may; unless otherwise required by law, effectuate such changes, adjustments, or clarifications without amendment to this Agreement through one or more operating memoranda mutually approved by the parties, which, after execution, shall be attached hereto as addenda and become a part hereof and may be further changed and amended from time to time as necessary, with further approval by the City Manager, or designee, on behalf of the CITY and by any corporate officer or other person designated for such purpose in a writing signed by a corporate officer on behalf of OWNER. Unless otherwise required by law or by the Project Approvals, no such changes, adjustments, or clarifications shall require prior notice or hearing, public or otherwise. 3. Description of Development. 641384 02/06/2001 - 8 - 3.1. Development and Control of Development. 3.1.1. Proiect. While this Agreement is in effect, OWNER shall have the vested right to implement the Development authorized by the Project by and through the Development Plan pursuant to this Agreement and the Project Approval, including, without limitation, specific uses, densities, and types of development provided for in the Specific Plan, and the CITY shall have the right to control the Development in accordance with the terms and conditions of this Agreement and all regulations, permits and entitlements established in or under the Development Plan. Except as otherwise specified in this Agreement, the Existing Regulations shall control the design and development, Future Development Approvals and all On-site improvements and Off- Site Improvements and appurtenances in connection therewith. 3.1.2. Timing of Development. A.) Except as set forth in the Development Plan and in Section 3.1.2B below, regardless of any future enactment, by initiative, or otherwise, OWNER shall have the discretion to develop the Development in one phase or in multiple phases at such times as OWNER deems appropriate within the exercise of its subjective business judgment and as the same is in accordance with the Development Plan. Specifically, the CITY agrees that OWNER shall be entitled to apply for and receive permits, maps, occupancy certificates and other entitlements to develop and use the Property at any time, provided that such application is made in accordance with this Agreement and the Existing Regulations. The parties hereto expressly reject the holding of Pardee Construction Company v. City of Camarillo, 37 Cal.3d 465 (1984), as regards any authority regulating the phasing of the Development and authorize the phasing of the construction on the Property to be consistent with the Development Plan. B.) Restriction on Development. Notwithstanding anything to the contrary in this Agreement, hither express' or by inference, no building permit shall be issued within Planning Areas 7 through 24, inclusive, and no building permits in excess of four hundred (400) total building permits shall be issued unless and until the fire station referenced in Section 4.4.2 of this Agreement is operational or the temporary station referenced in Section 4.5.1 is operational as established by the Fire Chief. OWNER's conformance to Section 4.4.2 and/or Section 4.5.1 shall be deemed satisfaction of the conditions of approval in the Development Plan regulating the development of Fire Station improvements, and OWNER shall not have building permits withheld on the basis of no satisfaction of such condition of approval. 3.1.3. Entitlements, Permits and Approvals - Cooperation. 3.1.3.1. Further Mitigation. In connection with the completion of the Project, OWNER shall be responsible for the satisfaction of any mitigation measures that depend on, act upon, or relate to Future Development Approvals. In connection with the issuance of any Future Development Approvals 641384 02/06/200] - 9- Agreement until the CITY makes a finding that such regulation, program action or inaction is required (as opposed to permitted) to comply with such State and Federal laws or regulations after taking into consideration all reasonable alternatives. 3.3.3. Regulation for Health and Safety. Notwithstanding anything to the contrary-in this Agreement, the CITY shall have the right to apply the CITY regulations (including amendments to the Existing Regulations) adopted by the CITY after the Effective Date, in connection with any Future Development Approvals, or deny, or impose conditions of approval on, any Future Development Approvals in the CITY's sole discretion if such application is required to protect the physical health and safety of existing or future occupants of the Property, or any portion thereof or any lands adjacent thereto, 3.4. Vested Right. By entering into this Agreement and relying thereupon, OWNER is obtaining the vested rights to proceed with the Development anticipated by the Project in accordance with the terms and conditions of this Agreement, and in accordance with, and to the extent of, the Project Approvals. By entering into this Agreement and relying thereupon, the CITY is securing certain public benefits which enhance the public health, safety and welfare, a partial listing of which benefits is set forth in Section 4.1. The CITY therefore agrees to the following: 3.4.1. No Conflicting Enactments. Except as provided in Section 3.3 of this Agreement, neither the City Council nor any other agency of the CITY shall enact a rule, regulation, ordinance or other measure (collectively "law") applicable to the Property which is inconsistent or in conflict with this Development Plan. Any law, whether by specific reference to the Development Agreement or otherwise, shall be considered to conflict if it has any of the following effects: (i) Limits or reduces the density or intensity of the Development as regulated by the Existing Regulations or otherwise requires any reduction or increase in the number, Size or square footage of lot(s)', structures, buildings or other improvements; or (ii) Applies to the Property, but is not uniformly applied by the CITY to all substantially similar development within the CITY. 3.4.2. Consistent Enactments. By way of enumeration and not limitation, the following types of enactments shall be considered consistent with this Agreement and Existing Regulations and not in conflict: (i) Relocation of structures within the Property pursuant to an application from OWNER; (/41384 02/06/2001 - 11 - which are subject to review under CEQA, unless required under CEQA, the CITY shall not impose any environmental land use project alternatives or mitigation measures in addition to those referenced in the Project Approvals or deemed by the CITY reasonably necessary in light of the development activity proposal, 3.1.3,2. Other Permits. The CITY further agrees to reasonably cooperate with OWNER, at no cost to the CITY, in securing any County, State and Federal permits or authorizations which may be required in connection with development contemplated by the Development Plan. This cooperation shall not entail any economic contribution by the CITY. 3.2. Rules, Regulations and Official Policies. Except as otherwise specified in the Development Plan, and the Project Approvals, the rules, regulations and official policies governing the permitted uses of the Property, the density and intensity of use of the Property, the provisions for reservation or dedication of land for public purposes and the design, improvement and construction standards and specifications applicable to Development of the Property shall be the Existing Regulations. In connection with any subsequent approval or action which the CITY is permitted or has the right to make under this Agreement relating to the Project, the CITY shall exercise its discretion or take action in a manner which complies and is consistent with this Agreement, the Existing Regulations and such other standards, terms and conditions contained in this Agreement. An overview and non-exhaustive list of Existing Regulations is listed in Attachment 6. The CITY has certified two copies of each of the documents listed on Attachment 6. The CITY has retained one set of the certified documents and has provided OWNER with the second set. 3.3. Reserved Authority. 3.3.1. Uniform Codes. This Agreement shall not prevent the CITY from applyir~g new rules, regulations and policies relating to uniform codes adopted by the State of California, as State Codes, such as the Uniform Building Code;-National Electricat Code, Uniform Mechanical Code or Uniform Fire Code, as amended, and the application of the aforementioned uniform codes is hereby approved including as the same may be amended by the CITY from time to time in CITY's sole discretion. 3.3.2. State and Federal Laws and Regulations. In the event that State or Federal laws or regulations prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. Notwithstanding the foregoing, the CITY shall not adopt or undertake any regulation, program or action, or fail to take any action which is inconsistent or in conflict with this 641384 02/06/2001 - 10- (iii) Any enactment authorized by this Agreement. 3.4.3. Initiative Measures. It is the intent of OWNER and the CITY that no moratorium or other limitation (whether relating to the development of all or any part of the Project and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), site development permits, precise plans, site development plans, building permits, occupancy certificates or other entitlements to use approved, issued or granted within the CITY, or portions of the CITY, shall apply to the Project to the extent such moratorium or other limitation would restrict OWNER's right to develop the Development authorized by the Development Plan in such order and at such rate as OWNER deems appropriate as limited or regulated by this Agreement. The CITY agrees to cooperate with OWNER in all reasonable manners in order to keep this Agreement in full force and effect. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action. In the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending. 3.4.4. Consistency Between This Agreement and Current Laws. The CITY represents that at the Effective Date there are no rules, regulations, ordinances, policies or other measures of the CITY in force that would interfere with the Development and use of all or any pad of the Property according this Agreement and the Development Plan. 3.5. Future Amendments to Development Plan. The following rules apply to future amendments to the Development Plan: - 3.5.1. Owner's Written Consent. Any Development Plan amendment to which OWNER does not agree in writing shall not apply to the Property or the Project while this Agreement is in effect. 3.5.2. Concurrent Development A.qreement Amendment. Any Development Plan amendment requiring amendment of this Agreement shall be processed concurrently with an amendment to this Agreement. 3.5.3. Effect of Amendment. Except as expressly set forth within this Agreement, a Development Plan amendment will not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Agreement. 641384 02/06/2001 - 12- 4. Obligations of the Parties. 4.1. Benefits to CITY. The direct and indirect benefits the CITY (including, without limitation the existing and future residents of the CITY) will receive pursuant to the implementation of the Agreement generally include, but are not limited to, the following: 4.1.1. Growth Management. The Project conforms to the CITY's effort to manage growth through the use of, among other things, comprehensive planning and design, Project-wide continuity of landscaping and architectural design, design standards and layout concepts exceeding the CITY's standards for residential development, and the village-center concept. 4.1.2. Traffic and Circulation. The Traffic and Circulation elements of the Project conform to the proposed regionat plan under consideration by the County of Riverside and to the CITY's General Plan, and are designed to reduce the impact of the average daily trips generated by the Project on arterial roads and thoroughfares by, among other things, encouraging the use of streets internal to the Project for school- related trips. 4.1.3. Schools. The provision of sites for new schools and the construction of such schools on an "up front" basis rather than "as needed" and phased to coincide with the build out of the Project, which early provision and construction will assist local school districts in meeting current area needs as well as creating adequate capacity for future needs. 4.1.4. Parks and Recreation. The public parks and other recreational facilities to be dedicated and/or constructed as provided for herein exceed the CITY's requirements for open space and parks, and contribute to meeting the need for open space and parks in the area, including, without limitation, a 40-acre regional sports park (the "Regional Park"), p.arking for existing CITY facilities, a potential for joint-use facilities with adjacent scfiools, and lighted parks and recreational facilities. 4.1.5. No Habitat Impact. Development of the Project has no presently known adverse impact on area habitat in light of the prior long-term agricultural use of the Property. 4.2. Development Fees. Certain presently uncalculable or unadopted processing fees will be imposed on the Future Development Approvals as conditions of approval. OWNER shall be responsible for payment of such fees as they may become due at the charge then applicable. Notwithstanding the foregoing, the CITY agrees as follows: 4.2.1. Fee Rates. The presently adopted Development Impact Fees, as defined in Section 1.7 herein, and currently charged by the CITY shall be imposed upon Development within the jurisdiction of this Agreement at the rate in effect as of the 641384 02/06/2001 - 13 - Effective Date. The CITY hereby agrees that neither the Property nor the Development shall be subject to any new or revised fees or charges, including, without limitation, Development Impact Fees, or any land use regulations (excluding Section $.3 and 3.4.1) that the CITY may enact, adopt, or impose on or after the Effective Date; provided, however, that nothing in this Section 4.2.1 shall, or shall be construed to, prohibit or prevent the CITY from enforcing fees, charges, or land use regulations relating to retail purchasers or End Users, including, without limitation, trash can placement and limitations on vehicle parking and End Users improvements to property; and provided further that on a case-by-case basis and subject to the CITY's consent, which consent shall not be unreasonably withheld, OWNER may elect to have the Development and the Project governed by land use regulations made available to other owners and developers after the Effective Date. 4.2.2. Future Development Approval Fees/Processing and Application. OWNER shall pay the application and processing fees customarily imposed on the type of entitlement sought at the rate, and in the amount, imposed by CITY pursuant to the fee schedule, resolution or ordinance in effect at the time the application is deemed complete and accepted by CITY for action. 4,2,3 Fees for Public Art, Open Space and Habitat Preservation. Regardless of whether the CITY enacts, adopts, or imposes on or after the Effective Date any fees of any kind or description with respect to art in public places or to preservation of open space, OWNER agrees to pay the CITY the sum of Two Hundred Dollars ($200) per individual residential dwelling unit, which funds the CITY shall use, in its discretion, in connection with art in public places, open space preservation, and/or habitat preservation. 4.2.4 TUMF Fees. The CITY and OWNER acknowledge that a Traffic Uniform Mitigation Fee (the "TUMF") program is currently being considered and that no such TUMF has been adopted by the County of Riverside or by the CITY. To the extent a TUMF is ~'d-0p-ted by the CITY, the CITY and OWNER agree th~t'OWNER's obligations under TUMF shall be deemed satisfied through: (i) OWNER's or the Property's participation in and payment of prior assessments assessed under Assessment District 159; (ii) any future assessments or assessment liens paid by OWNER or the Property assessed under Assessment District 159; (iii) all Off-site Improvements to be constructed or financed by OWNER under this Agreement; (iv) OWNER's participation in the CFD provided for in Section 4.6 of this Agreement or in any other financing mechanism mutually agreed upon by the CITY and OWNER; (v) OWNER's agreement to dedicate to the CITY and/or a district such rights of way as may be required for Off-site Improvements including, but not limited to, drainage and roadway facilities, including, Pala Road, Deer Hollow Road, Wolf Valley Road, and Loma Linda Road; and (vi) OWNER's agreement to waive any right of or claim for reimbursement from the TUMF program with respect to the payment of such assessments, the construction of such improvements, and/or the dedication of such rights of way. 641384 02/06/2001 - 14- 4.2.5 Credit for Development Impact Fees. Provided all condition precedents imposed on each of the credits for the various D.I.F. components set forth below are satisfied, CITY shall, upon the Effective Date or upon the date specified hereunder, credit OWNER for such D.I.F. component and consider the same components paid in full. All other D.I.F. not referenced hereunder shall be paid in full by OWNER at the time such fee is customarily due and payable to the CITY. The D.I.F. credits are: (i) Fire Protection Facilities Fee - Residential Component Only (100%). The CITY shall credit to OWNER, and deem paid One Hundred Percent (100%) of the Fire Protection Facilities fee attributable only to residential development immediately after the CITY has been offered, and has accepted a grant deed to the 1.5 acre site. which site is referenced in Section 4.4.2 of this Agreement. ' OWNER shall pay One Hundred percent (100%) of the Fire Protection Facilities Fee component assessed against commercial development. (ii) Corporate Facilities Residential Fee Component. Provided that the CITY has accepted a grant deed to the certain 1.63 acre site in Planning Area 10 (described on Attachment 7) that OWNER has offered to the CITY, the CITY shall credit OWNER the total amount of Two Hundred Ninety-seven Thousand Five Hundred Twenty-two Doltars ($297,522.00) against the One Hundred Percent (100%) of the Corporate Facilities Residential Fee Component. Notwithstanding the partial credit, the CITY shall require OWNER to pay the sum of Two Hundred Thirty-two Dollars and Eighty-two Cents ($232.82) per single-family detached residential unit and One Hundred Twenty-three Dollars and Seventy-five Cents ($123.75) per single-family attached residential unit in full satisfaction of the Corporate Facilities Fee residential component. In the event the CITY does not accept OWNER's offer of the grant deed, OWNER shall pay One Hundred percent (100%) of the Corporate Facilities Fee - Residential component. Regardless of CITY acceptance or not of the offered real property, OWNER shall pay the commercial component of the Corporate Facilities Fee. Unless and until the CITY accepts OWNER's offer,'OWNER shall pa~, the Co?porate Facilities Fee for both the residential and commercial components when each is customarily due and payable. If the CiTY accepts the offer any monies paid by OWNER on account of the residential component shall, at the election of OWNER, be returned to OWNER or remain on account as a credit against other fees due to the CITY. Notwithstanding the foregoing OWNER agrees, upon the CiTY's request, to sell the CITY merchantable fee title to the 1.63 acre site at a price that is the equivalent of the Corporate Facilities Residential Fee Component. If the CITY purchases the 1.63 acre site, then OWNER shall not be accorded any credits. (iii) Park Fee Component (Regional Park). Provided OWNER has provided a grant deed to the CITY to the contiguous forty.(40) acre site described on Attachment 8 and has improved the site to the reasonable satisfaction of the Director of Community Services as referenced in Section 4.4.3, in conformance with this Agreement and has satisfied ail condition precedents expressly relating to the Regional Park in the Development Plan, the CITY shall credit to OWNER the sum of 641384 02/06/2001 - 15- Two Million Eight Hundred Sixty-four Thousand One Hundred Twenty-seven Dollars ($2,864,127.00) against the total park fee of Three Million Six Hundred Fourteen Thousand One Hundred Twenty-seven Dollars ($3,614,127.00). (iv) Park Fee Component (Neiqhborhood and Linear Parks). Provided OWNER has improved, as required by the Development Plan, and has offered and the CITY has accepted a grant deed to the six (6) acre Neighborhood Park and the six and seven tenths acre (6.7) Linear Park, as described in the Development Plan, the CITY shall credit to OWNER the total sum of Seven Hundred Fifty Thousand Dollars ($750,000.00) against the total Park fee component of Three Million Six Hundred Fourteen Thousand One Hundred Twenty-seven Dollars ($3,614,127.00). The credit shall be allocated as follows: Six Hundred Thousand Dollars for the Neighborhood Park One Hundred Fifty Thousand Dollars for the Linear Park The City agrees that OWNER shall not be obligated to expend monies in excess of the respective credits to improve the Neighbor and Linear Parks. (v) Street Improvement and Traffic Siqnal Fee Component. One hundred percent (100%) of the street and traffic signal fee component shall be credited to OWNER in consideration of OWNER's contribution to the Off-site Improvements related to Pala Road and Deer Hollow as described on Attachment 5. 4.3. Dedications and Exactions. Future Development Approvals will be reviewed in a manner consistent with the general review procedures of the CITY accorded the particular type of Future Development Approval being sought and necessary conditions imposed in a manner consistent with this Agreement. Notwithstanding anything to the contrary, the health, safety and general welfare based mitigation measures arisin.g from the.future Development Approvals shall not be limited by this Agreement. 4.4. Related Real Property Conveyances; Conditions to Development Agreement. 4.4.1. Intent of the Parties. The CITY and OWNER agree that the timely completion and per[ormance of the real estate transactions and the related agreements described hereafter are a material component of the consideration each party has relied upon in its respective decision to ~nter into this Agreement. OWNER and the CITY, individually and collectively, represent that neither party would have entered into this Agreement but for the promises of the other to transfer the interests in real property described hereunder to the other party and to enter into the related agreements. Further, OWNER and the CITY, individually and collectively, agree that the failure of any one of the conveyances or related agreements to be completed or per[ormed in a timely manner will be an event of default under Section 10 of this Agreement. OWNER expressly acknowledges that the Street and Right-of-Way Improvements adjacent to 641384 02/06/200I - 16- the real property to be conveyed shall be completed to CITY's reasonable satisfaction as described in this Agreement. 4.4.2. Fire Station and Civic Use Sites. OWNER has agreed to dedicate to the CITY approximately 1.5 acres net of the public right of way and useable for the CiTY's purposes of raw land in Planning Area 14 of the Specific Plan to be used as a location for a fire station ("Fire Station Parcel") improved only with Street and Right-of-Way Improvements. OWNER further agrees to grant an option to the CITY to accept OWNER's offer to grant an additional 1.63 acres of raw land, improved only with Street and Right-of-Way Improvements, in Planning Area 10 to be used for civic purposes (the "Civic Use Parcel"). The Civic Use Parcel shall be contiguous to the 1.5 acre fire station site or shall be in such other location as the parties may mutually agree. Both the Fire Station Parcel and the Civic Use Parcel are conceptually shown on Attachment 7. A. Fire Station Parcel. The Fire Station Parcel conveyance is subject to the following conditions. (i) OWNER shall convey the parcel by grant deed to the CITY as provided for in Section 4.4.5. The condition of title shall be demonstrated by an CLTA title insurance policy, without exceptions, provided to the CiTY by OWNER in the amount of Two Hundred Seventy-three Thousand Seven Hundred Ninety-three Dollars ($273,793.00). (ii) OWNER shall convey the parcel on or before One Hundred Eighty (180) days have lapsed after the Effective Date. (iii) ' OWNER shall, on or before thirty (30) calendar days prior to the date the permanent fire station become operational, complete the Street and Right- of-Way Improvements !? standard CITY specifications. (iv) OWNER shall designate a site to be used for a temporary fire station. The OWNER shall improve equip and fund the operations of the temporary fire station as set forth in Section 4.5.1. (v) OWNER shall provide monies to complete the CITY's construction of the permanent fire station upon CITY proof, by reasonable evidence, that the CITY does not have adequate monies in its D.I.F. - Fire facilities fund to complete the construction and equipping of the station. OWNER shall deliver the monies, in an amount not to exceed Seven Hundred Thousand Dollars ($700,000.00), upon request by the CITY. The CITY agrees to repay OWNER the full amount of the sums advanced, without interest, from monies actually collected by CITY from the D.I.F. Fire Facilities Fee component (both residential and commercial components) or any monies provided to the City from any source, which monies are earmarked for the construction of the subject fire station. The CITY hereby grants OWNER a first priority security interest in such monies, and agrees that it shall not, subsequent to the 641384 02/06/2001 -17 - Effective Date, pledge guarantee or otherwise reallocate the subject monies to any other person or entity. The CITY agrees that it shall execute necessary documents to demonstrate the foregoing grant of a security interest in the subject monies. The CITY shall, on a quarterly basis, deliver the collected monies to OWNER. The CITY shall have no obligation to pay OWNER monies from any source other than the subject monies and shall not be obligated to cause OWNER to be reimbursed by ar~y specific date. In further consideration of the acceptance of the Fire Station Parcel, the CITY will accord the credits set forth in Section 4.2.5(i) and further: (vi) The CITY shall be solely responsible for the costs and expenses to design, construct and outfit the permanent fire station except as set forth in the Development Plan and this Agreement. (vii) The CITY shall begin the design of the permanent fire station on the Effective Date of this Agreement and further shall use its best efforts to cause the Fire Station to be constructed at the earliest possible date. B. Civic Use Parcel. The CITY shall have twelve (12) calendar months from the Effective Date to exercise its acceptance of. the option and to accept fee title. OWNER shall convey the Civic Use Parcel to the CITY by grant deed as provided for in Section 4.4.5. The condition of title shall be demonstrated by delivery of an CLTA title insurance policy, without exceptions, to the benefit of the CITY, in the amount of either the acquisition price or the fee credit. The CITY may elect to purchase the Civic Use Parcel pursuant to the terms specified in this Agreement. C. CITY's Riqht of Entry. OWNER agrees to grant the CITY a right of entry effective on the Effective Date of this Agreement for purposes of real property inspection, survey, grading and all activities the CITY deems necessary to further the construction of the pe~manei~t fire station. All activities conducted by the CITY'on the real property shall be at the CITY's sole cost and expense. The CITY shall indemnify and hold Owner and the real property harmless from any loss, claim or damage (including without limitation reasonable attorneys' fees, costs and expenses of litigation) arising out of, or resulting from, the CITY's work and activity upon the real property or mechanics' liens or claims of liens based thereon. CITY shall be entitled to contest any mechanics' lien or claim of lien provided the CITY shall post and record a bond satisfying the requirements of the laws of the State. of California. 4.4.3. Parks. OWNER is required pursuant to the Development Plan to dedicate certain acreage of the Project to the City for use as public parks. Additionally OWNER has agreed to dedicate additional land and as described below, to construct, at its sole expense, the improvements for certain public parks and facilities, and to devote certain acreage of the Project for use as recreational facilities for the residents of the Project. OWNER's mandatory and voluntary dedication and/or construction of such public parks and facilities and private recreational facilities shall be subject to the following terms and conditions: 641384 02/06/2001 - 18- (i) All real property shall be conveyed as provided for in Section 4.4.5. OWNER shall demonstrate the condition of title pursuant to CLTA title insurance policies, without exemptions, in amount equal to the fair market value of the land. (ii) OWNER agrees to convey fee title to the CITY on or before One Hundred Eighty (180) days have lapsed after the Effective Date, as is and without constructing any park improvements, 1.5 acres in Planning Area 4 of the Specific Plan for Kent Hintergardt Memorial Park. (iii) Owner agrees to convey fee title to the CITY after the improvement, and the lapse of the ninety (90) day maintenance period, 6 acres in Planning Area 11 of the Specific Plan for the Neighborhood Park. The six-acre Neighborhood Park shall be improved to the reasonable satisfaction of the Director of Community Services, the ninety (90) day maintenance period shall have lapsed and the conveyance shall have occurred on or before the issuance of the 600th building permit within the Project. (iv) Owner agrees to convey fee title to the CITY and improve, per the conditions in the Development Plan, 6.7 acres for Linear Park and the Activity Nodes. The first phase north of Wolf Valley Road shall be completed and the ninety (90) day maintenance period shall have lapsed prior to the issuance of the 400'h building permit within the Project. The second phase, comprised of the area south of Wolf Valley Road shall be improved and the ninety (90) day maintenance period shall have lapsed prior to the issuance of the 1400th building permit in the Project. (v) OWNER agrees to devote approximately 3.5 acres in Planning Area 14 of the Specific Plan for a recreational facility to be used by the residents of the Project. (vi) OWNER agrees to convey fee title by grant deed to the CITY of 40 acres in Planning Area 24 of the Specific Plan for the Regional Park as shown on Attachment 8. Except for the following, the CITY shall be solely responsible for the costs and expenses of the design and construction of the Regional Park, which design and construction shall be commenced immediately following OWNER's conveyance of the 40 acres to the CITY. OWNER shall, at its own cost and immediately upon request by the CITY initiate and complete the construction of a twenty-four foot wide (24') all weather roadway to the standards established by the CITY, within the Deer Hollow Road right-of-way. The two lanes shall commence at Pala Road and shall terminate at the point that the Community Services Director of City shall designate. This requirement shall terminate if the school district, or any third party, completes such improvements of Deer Hollow Road prior to the date the CITY requests the construction to be initiated. 641384 02/06/200! -19 - Of the 40 acres comprising the Regional Park, OWNER's dedication of (i) 15.69 acres shall satisfy a portion of OWNER's obligations under the park component of the D.I.F. as provided for in Section 4.2.5; (ii) 12.29 acres for satisfying Quimby requirements; (iii) and OWNER's dedication of the remaining 12.02 acres shall constitute a gift to the CITY. 4.4.4. Quimby Credits. Upon improvement, actual conveyance to and acceptance by CITY of the parkland referenced above the CITY hereby agrees to credit OWNER's obligations of 28.23 acres under CITY's subdivision/Quimby parkland acreage requirements as satisfied and CITY shall not exact any further contribution from OWNER. (i) Regional Park - 12.29 acres of the total 40 acres. (ii) 1.5 acres in Planning Area 4 of the Specific Plan at Kent Hintergardt Memorial Park. (iii) 6 acres in Planning Area 11 of the Specific Plan for the Neighborhood Park. (iv) No. 29305 for the Linear Park and the Activity Nodes. 6.7 acres in lots 30, 45, 46, and 47 of Tentative Tract Map (v) A credit equal to fifty percent (50%) of the acreage devoted to any other private recreational facilities in the Project. 4.4.5 Liens, Encumbrances and Environmental Conditions. All real property dedicated to the CITY pursuant to this Agreement shall be free and clear of any and all matters of record (excepting all non-delinquent taxes and assessments), including but not limited to, deeds of trust, liens, or other encumbrances of record that would prevent the 'CITY from using such dedicated facility for its intended use' as identified herein. Further the real property shall be warranted to be free of any known environmental conditions that would prevent, restrict or cause the CITY to fund hazardous material/contamination/toxic remediation activities so as to allow the real property to be used as intended by the CITY. Owner shall provide the CITY copies of all reports, investigations and analysis that discuss the environmental condition of the real property. 4.5. Additional Public Improvements/Performance Standard. 4.5.1. Temporary Fire Station. In the event OWNER desires to obtain building permits for any improvements outside of Planning Area 1 through 6 of the Specific Plan prior to the completion of the permanent fire station, then OWNER shall, prior to the issuance of the building permits in Planning Areas 7 through 24 of the Specific Plan, at its own sole cost and expense complete the following: 641384 02/06/2001 - 20- (i) Obtain the Fire Chief's approval of (a) the site selected for a temporary station and (b) the scope of improvements, on and offsite for the temporary station; (ii) Obtain all necessary permits and entitlements for the improvement of the temporary fire station; (iii) ConstructJimprove the site consistent with the approvals and permits issued for the temporary station; (iv) Provide and/or fund, at the sole discretion of the Fire Chief, the equipment and personnel made necessary to appropriately operate the temporary fire station. The temporary station shall operate until the permanent fire station is deemed sufficiently operational, by the Fire Chief, so as to respond to the five-minute service needs within the Specific Plan. 4.5.2. Sound Wall. In the event the CITY determines a sound wall is required after review of the acoustic study discussed below, OWNER shall be solely responsible for funding the cost of constructing a minimum height six foot wall intended to buffer and attenuate sound, along the Pala Road corridor from Wolf Valley Road to Club House Road. The specific location, height and construction materials shall be determined by the recommendations set forth in a noise attenuation acoustical study to be commissioned by and funded by OWNER as approved by the CITY. The study shall utilize the standards and criteria set forth in the City's General Plan as the standard that noise level must be mitigated to conform with. The study shall be commenced not less than thirty (30) calendar days after the Effective Date. The CITY shall present the findings of the study to the effected residents and, upon the consent of the necessary property owners, shall determine if the sound attenuation wall should be constructed. In the event all necessary property owners do not consent to the construction of the sound attenuation wall then the wall shall not be constructed. The construction of the sound attenuation wall described as necessary by the st'udy shall be funded by the OWNER and constructed as an element of and developed concurrently with the Off- sight Improvements listed in Section 1.14. The CITY shall contribute funds, to the extent available, derived from third parties to OWNER to assist in funding the attenuation wall construction and further shall use its best efforts to cause third parties to contribute to the cost of the attenuation wall construction. 4.5.3. Pala Road/Drainage Facilities. The CITY acknowledges that the Pala Road improvements (as defined in the Development Plan) and drainage facilities from Deer Hollow Road to Temecula Creek shall be constructed by OWNER consistent. with the Development Plan. 641384 02/06/2001 - 21 - 4.6. Offsitelmprovement Funding. The CITY and OWNER agree that the improvements defined in Section 1.14 of this Agreement are necessary for the beneficial development of the Development. Both further agree that the funding of the Off-site Improvements is anticipated to be as set forth hereunder: (i) OWNER's share. OWNER's fair share of the necessary funding shall be derived from a community facilities district (the "CFD") or some other mutually acceptable funding mechanism. OWNER's fair share shall be utilized to fund that portion of the Off-site Improvements shown by a benefit assessment engineering study, to be attributable to the impacts arising from the Development. The CFD or other funding mechanism shall be in place prior to the issuance of the first building permit to OWNER. (ii) Remainder share. The remainder of the monies necessary to construct the Off-site Improvements not funded by the OWNER shall come from non- City sources legally responsible or who otherwise elect to participate is such funding. (iii) In the event OWNER elects, or is required to contribute funds that are not supported by the engineering study discussed in Subsection (i) above, then OWNER shall be reimbursed the principal amount of those excessive expenditures from the monies actually collected under Subsection (ii) above. 4.7. Entitlements. 4.7.1 Tentative Tract Map. The CITY hereby agrees that tentative tract maps for the Project approved by the CITY shall have an initial term of five (5) years and may be extended upon prior written request of OWNER, for two additional terms of two (2) years each. In the event this Agreement has lapsed, the CITY's standards applicable to the Development Plan shall regulate the subdivision process. 4.7.2 Lot Line Adjustments. Adjustments to lot lines required for purposes beneficial to the Project, including, without limitation, refinement and enhancement of the specific plan and grant deeds, shall be processed on an "administrative approval" basis only. 4.8 Use Restrictions. OWNER agrees to place such restrictions, prohibitions, etc. as are reasonably necessary on the title to the real property located in Planning Areas 12 and 13 such that an anchor tenant or End User in one such Planning Area cannot restrict, prohibit, or otherwise limit the land use by a tenant or End User in the other such Planning Area. 641384 02/06/2001 -22- 5. Further Assurances to OWNER Reqard n.q Exercise of Reserved Authority. 5.1. Adoption of General Plan and Grantin.q of Other Proiect Approvals. In preparing and adopting any general plan amendment, zoning district change and in granting the other Project Approvals, the CITY reserves its right to and shall consider the health, safety and welfare of the residents of the CITY. 5.2. Assurances to OWNER. The padies further acknowledge that the public benefits to be provided by OWNER to the CITY pursuant to this Agreement are in consideration for and reliance upon assurances that the Property can be developed in accordance with the Project Approvals and this Agreement. Accordingly, while recognizing that the Development of the Property may be affected by exercise of the authority and rights reserved and excepted as provided in Sections 3.3.1 and 3.3.2. ("Reserved Authority") or this Agreement, OWNER is concerned that normally the judiciary extends to local agencies significant deference in the adoption of land use regulations which might permit the CITY in violation of the Reserved Authority, to attempt to apply regulations which are inconsistent with the Project Approvals pursuant to the exercise of the Reserved Authority. Accordingly, OWNER desires assurances that the CITY shall not and the CITY agrees that it shall not further restrict or limit the development of the Property in violation of this Agreement except in strict accordance with the Reserved Authority. 5.3. Judicial Review. Based on the foregoing, in the event OWNER judicially (including by way of a reference proceeding) challenges the application of a future land use regulation as being in violation of this Agreement and as not being a land use regulation adopted pursuant to the Reserved Authority, OWNER shall bear the burden of proof in establishing that such rule, regulation or policy is inconsistent with the Existing Regulations and the Project Approvals and the CITY shall thereafter bear the burden of proof in establishing that such regulation was adopted pursuant to and in accordance with the Reserved Authority and was not applied by the CITY in violation of this Agreement. 6. Indemnification. Except to the extent of the gross negligence or willful misconduct of the Indemnified Parties (as defined below), OWNER, and with respect to the portion of the Property transferred to them, the transferee agree: (i) to indemnify, defend, and hold harmless the Indemnified Parties from and against each and every claim, action, proceeding,.cost, fee, legal cost, damage, award or liability of any nature arising from alleged damages caused to third parties and alleging that the CITY is liable therefore as a direct or indirect result of the CiTY's approval of this Development Agreement. OWNER's duties, under this Section 6(i)are solely subject to and conditioned upon the Indemnified Parties' written request to OWNER to defend and/or indemnify the CITY. Without in any way limiting the provisions of this Section 6(i), the parties hereto agree that this Section 6(i) shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Agreement Date. 641384 02/06/2001 -23- (ii) during the term of this Agreement, to defend the CITY and its agents, officers, contractors, attorney, and employees (the "Indemnified Parties") from and against any claims or proceeding against the Indemnified Parties to set aside, void or annul the approval of this Development Agreement. The CITY shall retain settlement authority with respect to any matter provided that prior to settling any such lawsuit or claim, OWNER shall provide the CITY with a minimum ten (10) business days written notice of its intent to settle such lawsuit or claim. If the CITY (in its reasonable discretion) does not desire to settle such lawsuit or claim, it may notify OWNER of the same, in which event OWNER may still elect to settle the lawsuit or claim as to itself, but the CITY may elect to continue such lawsuit, but at OWNER's cost and expense, so long as the CITY's decision is predicated upon a legitimate and articulated threat to either the exercise of its police powers or a risk of harm to those present within the CITY. 7. Relationship of Parties. The contractual relationship between the CITY and OWNER is such that OWNER is an independent contractor and not the agent or employee of the CITY. The CITY and OWNER hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained in this Agreement or in any document executed in connection with the Project shall be construed as making the CITY and OWNER joint ventures or partners. 8. Amendment or Cancellation of ARreement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties in the manner provided for in Government Code Section 65865. No amendment or modification of this Agreement or any provision hereof shall be effective unless set forth in writing and signed by duly authorized representatives of each party hereto. This provision shall not limit the CITY's or OWNER's remedies as provided by Section 10. 9. Periodic Review of Compliance with Agreement. ~71. ' Peri'~d'ic ~-~i~-w~ The -(2iTY-~-nd OWNER §h~ll-r~vi~/thi§ Agrb~rfient at" least once every 12-month period from the Effective Date. The CITY shall notify OWNER in writing of the date for review at least thirty (30) days prior thereto. Such periodic review shall be conducted in accordance with Government Code Section 65865.1. 9.2. Good Faith Compliance. During each periodic review, OWNER shall be required to demonstrate good faith compliance with the terms of this Agreement. OWNER agrees to furnish such reasonable evidence of good faith compliance as the CITY, in the exercise of its reasonable discretion, may require. If requested by OWNER, the CITY agrees to provide to OWNER,-a certificate that OWNER or a successor or assignee is in compliance with the terms of this Agreement, provided OWNER reimburses the CITY for all reasonable and direct costs and fees incurred by the CITY with respect thereto. 641384 02106/2001 - 24 - 9.3. Failure to Conduct Annual Review. The failure of the CITY to conduct the annual review shall not be an OWNER default. Further, OWNER shall not be entitled to any remedy for the CITY's failure to conduct this annual review. 9.4. Initiation of Review by City Council. In addition to the annual review, the City Council may at any time initiate a review of this Agreement by giving written notice to OWNER. Within thirty (30) days following receipt of such notice, OWNER shall submit evidence to the CITY Council of OWNER's good faith compliance with this Agreement and such review and determination shall proceed in the same manner as provided for the annual review. The City Council shall initiate its review pursuant to this Section 9.4 only if it has probable cause to believe the CITY's general health, safety or welfare is at risk as a result of specific acts or failures to act by OWNER. 9.5. Administration of A,qreement. Any final decision by the CITY staff concerning the interpretation and administration of this Agreement and Development of the Property in accordance herewith may be appealed by OWNER to the City Council, provided that any such appeal shall be filed with the City Clerk within ten (10) days after OWNER receives written notice that the staff decision is final. The City Council shall render, at a noticed public hearing, its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. 9,6, Availability of Documents. If requested by OWNER, the CITY agrees to provide to OWNER copies of any documents, reports or other items reviewed, accumulated or prepared by or for the CITY in connection with any periodic compliance review by the CITY, provided OWNER reimburses the CITY for all reasonable and direct costs and fees incurred by the CITY with respect thereto. The CITY shall respond to OWNER's request on or before ten (10) business days have elapsed from the CITY's receipt of such request. 10. Events of Default: Remedies and Termination. Unless amended or canceled as provided in Section 8, or modified or suspended pursuant to Government Code Section 65869.5 or terminated pursuant to this Section 10, this Agreement is enforceable by either party hereto. 10.1. Defaults by Owner. If the CITY determines on the basis of a preponderance of the evidence that OWNER has not complied in good faith with the terms and conditions of this Agreement, the CITY shall, by written notice to OWNER, specify the manner in which OWNER has failed to so comply and state the steps OWNER must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from the CITY specifying the manner in which OWNER has failed to so comply, OWNER does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then OWNER shall be deemed to be in default under the terms of this Agreement. The CITY may terminate this Agreement pursuant to Government Code Section 65865.1. OWNER agrees that its default hereunder is a conclusive representation that it is consenting to the cancellation of this Agreement. In event of 641384 02/06/2001 -25- default by OWNER, except as provided in Section 10.3, the CITY's sole remedy for any breach of this Agreement by OWNER shall be the CITY's right to terminate this Agreement. 10.2. Defaults by 61TY. If OWNER determines on the basis of a preponderance of the evidence that the CITY has not complied in good faith with the terms and conditions of this Agreement, OWNER shall, by written notice to the CITY, specify the manner in which the CITY has failed to so comply and state the steps the CITY must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from OWNER specifying the manner in which the CITY has failed to so comply, the CITY does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then the CITY shall be deemed to be in default under the terms of this Agreement and OWNER may terminate this Agreement and, in addition, may pursue any other remedy available at law or equity, including specific performance as set forth in Section 10.3. 10.3. Specific Performance Remedy. Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property 'and provide for other benefits. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts. For the above reasons, the CITY and OWNER agree that damages would not be an adequate remedy if the CITY fails to carry out its obligations under this Agreement and that OWNER shall have the right to seek and obtain specific perfgrmance as a remedy_fo[ any breach of this Agreement. The CITY and OWNER further acknowledge that, if OWNER fails to carry Out its'61Jligations under this Agreement, the CITY shall have the right to refuse to issue any permits or other approvals which OWNER would otherwise have been entitled to pursuant to this Agreement. Therefore, the CITY's remedy of terminating this Agreement shall be sufficient in most circumstances if OWNER fails to carry out its obligations hereunder. Notwithstanding the foregoing, if the CITY issues a permit or other approval pursuant to this Agreement in reliance (explicitly stated in writing) upon a specified condition being satisfied by OWNER in the future, and if OWNER then fails to satisfy such condition, the CITY shall be entitled to specific performance for the sole purpose of causing OWNER to satisfy such condition. The CiTY's right to specific performance shall be limited to those circumstances set forth above, and the CITY shall have no right to seek specific performance to cause OWNER to otherwise proceed with the Development of the Project in any manner. 64]384 02/06/2001 - 26- 10.4. Institution of Le.qal Action. In addition to any other rights or remedies, OWNER or the CITY may institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation hereof to recover damages for any default, or to obtain any other remedies consistent with the purpose of this Agreement. Such legal action shall be heard by a reference from the Riverside County Superior Court pursuant to the reference procedures of the California Code of Civil Procedure Sections 638, et seq. OWNER and the CITY shall agree upon a singte referee who shall then try all issues, whether of fact or taw, and report a finding and judgment thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy before him. If OWNER and the CITY are unable to agree on a referee within ten {10) days of a written request to do so by either party hereto, either party may seek to have one appointed pursuant to the California Code of Civil Procedure Section 640. The cost of such proceeding shall initially be borne equally by the parties. Any referee selected pursuant to this Section 10.4 shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution. 10.5. Esto~ertificates. Either party may at any time deliver written notice to the other party requesting an estoppel certificate (the "Estoppel Cedificate") stating: 10.5.1 The Agreement is in full force and effect and is a binding obligation of the parties. The Agreement has not been amended or modified either 10.5.2 orally or in writing or, if so amended, identifying the amendments. 10.5.3 No default in the performance of the requesting party's obligations under the Agreement exists or, if a default does exist, the nature and amount of any default. A party receiving a request for an Estoppel Certificate shall p[o¥ide a signed certificate to the requesting party within thirty (30) days after receipt of the request. The ~3ity Manager or any person designated by the City Manager may sign Estoppel Certificates on behalf of the CITY. Any officer of OWNER may sign on behalf of OWNER. An Estoppel Certificate may be relied on by assignees and mortgagees. 10.5.4 In the event that one party requests an Estoppel Certificate from the other, the requesting party shall reimburse the other party for all reasonable and direct costs and fees incurred by such party with respect thereto. 11. Waivers and Delays. 11.1. No Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to exercise its rights upon a default by the other party hereto, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. 641384 02/06/2001 -27- 11.2. Third Parties. Non-performance shall not be excused because of a failure of a third person, except as provided in Section 11.3 11.3. Force Majeure. OWNER shall not be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond OWNER's control, government regulations (including, without limitation, local, state and federal environmental and natural resource regulations), voter initiative or referenda, moratoria (including, without limitation, any "development moratorium" as that term is applied in Government Code Section 66452.6) or judicial decisions. 11.4. Extensions. The Term of this Agreement and the time for performance by OWNER or the CITY of any of its obligations hereunder or pursuant to the Project Approvals shall be extended by the period of time that any of the events described in Section 11.3 exist and/or prevent performance of such obligations. In addition, the Term shall be extended for delays arising from the following events for a time equal to the duration of each delay which occurs during the Term: 11.4.1. L ti.qation. The period of time after the Effective Date during which litigation related to the Project Approvals or having the actual effect of delaying implementation of the Project is pending, including litigation pending on the Effective Date. This period shall include any time during which appeals may be filed or are pending. 11.4.2. Government Aqencies. Any delay resulting from the acts or omissions of the CITY or any other governmental agency or public utility and beyond the reasonable control of OWNER except those related to the normal and customary processing of Future Develop.m_ ent Approvals or any modifications.to the Development Plan. 11,5. Notice of Delay. OWNER shall give notice to the CITY of any delay which OWNER believes to have occurred as a result of the occurrence of any of the events described in Section 11.3. For delays of six months or longer, this notice shall be given within a reasonable time after OWNER becomes aware that the delay has lasted six months or more. In no event, however, shall notice of a delay of any length be given later than thirty days after the end of the delay or thirty days before the end of the Term, whichever comes first. 12. 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, return receipt requested. Notices required to be given to the CITY shall be addressed as follows: 641384 02/06/2001 - 28- City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 Attention: Planning Director With a copy to: Richards, Watson & Gershon Thirty-Eighth Floor 333 South Hope Street Los Angeles, CA 90071-1469 Attention: Peter M. Thorson, City Attorney Notices required to be given to OWNER shall be addressed as follows: S-Pacific Murdy, LLC 10630 Town Center Drive, Suite 129 Rancho Cucamonga, CA 91730 Attention: William Griffith With a copy to: Alhadeff & Solar, LLP 41530 Enterprise Circle South, Suite 120 Temecula, CA 92590-4677 Attention: Samuel C. Alhadeff, Esq. Any notice given as required herein shall be deemed given only if in writing and upon delivery personally or bY independent courier service. A party may change its address for notices by giving notice in writing to the other party as required herein and thereafter notices shall be addressed and transmitted to the new address. 13. Attorneys' Fees. If legal action is brought by either party against the other for breach of this Agreement, including actions derivative from the performance of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of its costs, including reasonable attorneys' fees, and shall also be entitled to recover its contribution for the costs of the referee referred to in Section 10.4 above as an item of damage and/or recoverable costs. 14. Recording. This Agreement and any amendment or cancellation hereto shall be recorded, at no cost to the CITY, in the Official Records of Riverside County by the City Clerk within the period required by Section 65868.5 of the Government Code. 641384 02/06/2001 - 29- 15. Effect of A.qreement on Title. 15.1. Effect on Title. OWNER and the CITY agree that this Agreement shall not continue as an encumbrance against any portion of the Property as to which this Agreement has terminated. 15.2. Encumbrances and Lenders' Rights. OWNER and the CITY hereby agree that this Agreement shall not prevent or limit any owner of any interest in the Property, or any portion thereof, at any time or from time to time in any manne[, at its or their sole discretion, from encumbering the Property, the improvements thereon, or any portion thereof with any mortgage, deed of trust sale and leaseback arrangement or other security device. The CITY acknowledges that any Lender (as hereinafter defined) may require certain interpretations of or modifications to the Agreement or the project and the CITY agrees, upon request, from time to time, to meet with the property owner(s) and/or representatives of such Lenders to negotiate in good faith any such request for interpretation or modification. The CITY further agrees that it will not unreasonably withhold its consent to any such requested interpretation or modification to the extent such interpretation or modification is consistent with the intent and purpose of this Agreement. A default under this Agreement shall not defeat, render invalid, diminish or impair the lien of any Lender. The mortgagee of a mortgage or beheficiary of a deed of trust or holder of any other security interest in the Property or any portion thereof and their successors and assigns, including without limitation the purchaser at a judicial or non-judicial foreclosure sale or a person or entity which obtains title by deed-in-lieu of foreclosure ("Lender") shall be entitled to receive a copy of any notice of Default (as defined in Section 10.1 hereof) delivered to OWNER and, as a pre-condition to the institution of legal proceedings or termination proceedings, the CITY shall deliver to all such Lenders written not fication of any defau t by OWNER in the performance of its obligations under thi~ A~re~rn~t Which ~ not cu~ed wi~fiin sixty (60) days (the Second Default Nobc ) and shall allow the Lender(s) an opportunity to cure such defaults as set forth herein. The Second Notice of Default shall specify in detail the alleged default and the suggested means to cure it. After receipt of the Second Default Notice, each such Lender shall have the right, at its sole option, within ninety (90) days to cure such default or, if such default cannot reasonably be cured within that ninety (90) day period, to commence to cure such default, in which case no default shall exist and the CITY shall take no fudher action. Notwithstanding the foregoing, if such default shall be a default which can only be remedied by such Lender obtaining possession of the Property, or any podion thereof, and such Lender seeks to obtain possession, such Lender shall have until ninety (90) days after the date obtaining such possession to cure or, if such default cannot reasonably be cured within such period, then to commence to cure such default. Further, a Lender shall not be required to cure any non-curable default of OWNER, and any such default shall be deemed cured if any lender obtains possession. 641384 02/06/2001 - 30- 16. Severabilitj~y_of Terms. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby if the tribunal finds that the invalidity was not a material part of consideration for either party. The covenants contained herein are mutual covenants. The covenants contained herein constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 17. Subsequent Amendment to Authorizinq Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Legislation in effect as of the Agreement Date. Accordingly, subject to Section 3.3.2 above, to the extent that subsequent amendments to the Government Code would affect the provisions of this Agreement, such amendments shall not be applicable to this Agreement unless necessary for this Agreement to be enforceable or required by law or unless this Agreement is modified pursuant to the provisions set forth in this Agreement and Government Code Section 65868 as in effect on the Agreement Date. - 18. Rules of Construction and Miscellaneous Terms. 18.1. Interpretation and Governinq Law. The language in all pads of this Agreement sh~ll, in all cases, be construed as a whole and in accordance with its fair meaning. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. The parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of the CITY, and in particular, the CiTY's police powers, in this regard, the parties understand and agree that this Agreement shall not be deemed to constitute the surrender or abnegation of the CITY's governmental powers over the Property. 18.2. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 18.3. Gender. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. 18.4. No Joint and Several Liability. At any time that there is more than one OWNER, no breach hereof by an OWNER shall constitute a breach by any other OWNER. Any remedy, obligation, or liability, including but not limited to the obligations to defend and indemnify the CITY, arising by reason of such breach shall be applicable solely to the OWNER that committed the breach. However, the CITY shall send a copy of any notice of violation to all OWNERS, including those not in breach. 18.5. Time of Essence. Time is of the essence regarding each provision of 641384 02/06/2001 - 31 - this Agreement of which time is an element. '18.6. Recitals. All Recitals set forth herein are incorporated in this Agreement as though fully set forth herein. 18.7. Entire Aqreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and the Agreement supersedes all previous negotiations, discussion and agreements between the parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 19. Extension of Maps. In accordance with Government Code Section 66452.6(a), any tentative map approved which relates to all or a portion of the Property shall be extended for the greater of (i) the Term of the Agreement or (ii) expiration of the tentative map pursuant to Section 66452.6. 20. Not for Benefit of Third Parties. This Agreement and all provisions hereof are for the exclusive benefit of the CITY and OWNER and its Development Transferees and shall not be construed to benefit or be enforceable by any third party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year dated below. Dated: ,2001 "CITY" CITY OF TEMECULA, a municipal corporation By: Name: Title: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 641384 02/06/2001 - 32 - Dated: ,2001 "OWNER" S-P MURDY, LLC, a California limited liability company By: Name: Title: 641384 02/06/2001 - 33 - ATTACHMENT "1" (Legal Description) 641384 02/06/2001 - 35 - ATTACHMENT 1 PARCEL 1: THAT PORTION OF THE RANCHO TEMECLrLA IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WHICH RANCHO WAS GRANTED BY THE GOVERNMENT OF THE UNITED STATES TO LUIS VIGNES BY pATENT DATED JANUARY 18, 1860 AND RECORDED IN SAN DIEGO cOUNTY, STATE OF CALIFORNIA, IN LIBER 1 OF PATENTS AT PAGE 37 THEREOF; THAT PORTION OF THE LITTLE TEMECULA RANCHO, IN SAID RIVERSIDE COUNTY, AS SHOWN BY MAP ENTITLED "PARTITION MAP OF THE LITTLE TEMECULA RANCHO" ON FILE IN THE OFFICE OF THE COUNTY CLERK OF SAID SAN DIEGO COUNTY, IN ACT NO. 5756 IN THE SUPERIOR COURT, OF SAID SAN DIEGO COUNTY; AND THAT PORTION OF SECTION 28, TOWNSHIP 8 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, APRIL 10, 1886, WHICH LIES WITHIN THE FOLLOWS DESCRIBED BOUNDARIES: COMMENCING AT A 6" X 6" CONCRETE MONUMENT AT THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING OF NORTH 16° 18' 39" WEST AND A LENGTH OF 317.75 FEET AS SHOWN ON THE MAP OF TRACT NO. 3552, ON FILE IN BOOK 56 PAGES 63 TO 66, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIPd THENCE NORTH 16° 18' 39" WEST ALONG SAID CERTAIN COURSE, 45.18FEET; THENCE SOUTH 57° 55' 45" EAST, 2,083.62 FEET; THENCE SOUTH 64° 09' 59" EAST, 367.50 FEET; THENCE SOUTH 58° 19' 39" EAST, 741.95 FEET TO THE BEGINNING OF A TANGENT cuRVE CONCAVE TO THE SOUTHWEST AND HAWNG A a~DIUS OF 716.30 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE Tt-I~OUGH A CENTRAL ANGLE OF 17° 15' 47" A DISTANCE OF 215.82 FEET; THENCE TANGENT T© SAID cURVE SOUTH 41° 03' 42" EAST, 378.41 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 955.00 FEET; THENCE SOUTHEASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 14° 15' 47" A DISTANCE OF 237.74 FEET; THENCE TANGENT TO SAID LAST MENTIONED CURVE SOUTH 55° 19' 29" EAST, 601.51 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1,000.00 FEET; THENCE SOUTI-t~ASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 13 o 54' 30" A DISTANCE OF 242.75 FEET; THENCE TANGENT TO SAID LAST MENTIONED CURVE SOUTH 69° 13' 59" EAST, 99.51 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2,350.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21 ° 29' 23" AN ARC DISTANCE OF 881.41 FEET; THENCE TANGENT TO SAID LAST MENTIONED CURVE SOUTH 47° 44' 36" EAST, 2,543.13 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION, SAID POINT BEING A 2" IRON PIPE 12-INCHES BELOW A SURFACE OF PAVEMENT AND ACCEPTED AS THE CENTER LINE OF PALA ROAD PER RIVERSIDE COUNTY ROAD RECORD, ON FILE IN BOOK 1 PAGE 83 IN THE OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS OF SAID COUNTY AND AS SHOWN IN RIVERSIDE COLrNTY GENERAL SURVEYS FIELD BOOK 445 PAGE 53, AND FROM WHICH A 3/4" IRON PIPE, FOUND 15-INCHES BELOW A pAVEMENT SURFACE AND SHOWN AS 0+00 IN SAID COUNTY FIELD BOOK 445 PAGE 52, BEARS SOUTH 47° 44' 36" EAST, 5,825.29 FEET, AND ACCEPTED AS THE CENTER LINE OF SAID PALA ROAD; THENCE, FROM SAID TRUE POINT OF BEGINNING, SOUTH 47° 44' 36" EAST ALONG SAID CENTER LINE OF PALA ROAD, 2,821.42 FEET; THENCE NORTH 42° 13' 58" EAST, 2,759.88 FEET; THENCE NORTH 65° 15' 30" WEST, 321.10 FEET; THENCE NORTH 4° 18' 36" EAST, 173.52 FEET TO A POINT ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1,200.00 FEET, TO WHICH A RADIAL BEARS SOLrrH4° 18' 36" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 1,035.69 FEET TBROUGH A CENTRAL ANGLE OF 49° 27' 02"; THENCE TANGENT TO SAID LAST MENTIONED CURVE, NORTH 36° 14' 22" WEST, 705.33 FEET TO A POINT ON A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 2,500.00 FEET, TO WHICH POINT A RADIAL BEARS SOUTH 36° 14' 22" EAST; THENCE SOUTHWESTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 13° 51' 06" AN ARC DISTANCE OF 604.39 FEET; THENCE TANGENT TO SAID LAST MENTIONED CURVE SOUTH 67° 36' 44" WEST 734.55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2,400.00 FEET; THENCE SOUTHhVESTERLY ALONG SAID CURVE, 1,048.40 FEET THROUGH A CENTRAL ANGLE OF 25° 01' 43"; TI-IENCE TANGENT TO SAID LAST MENTIONED CURVE SOUTH 42° 36' 01" WEST, 461.30 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THEREFROM THE soUTHWESTERLY 30.00 FEET OF THE FIRST PROPERTY ABOVE DESCRIBED FOR ROADWAY PURPOSES FOR PALA ROAD AS RESERVED BY THE COUNTY OF RIVERSIDE PER SAID PARTITION MAP OF THE LITTLE TEMECULA RANCHO AND SAID ROAD RECORD BOOK 1 PAGE 83. PARCEL 2: THAT PORTION OF THE RANCHO TEMECULA IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WHICH RANCHO WAS GRANTED BY THE GOVERNMENT OF TBE UNITED STATES TO LUIS V1GNES BY PATENT DATED JANUARY 18, 1860 AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER. RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, IN LIBER 1 OF PATENTS AT PAGE 37 THEREOF, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THAT PORTION OF THE LITTLE TEMECULA RANCHO, IN SAID RIVERSIDE COUNTY, AS SHOWN ON THE MAP ENTITLED "pARTITION OF MAP OF THE LITTLE TEMECULA RANCHO" ON FILE IN THE OFFICE OF THE COUNTY CLERK OF SAID SAN DIEGO COUNTY, IN ACTION NO. 5756 IN THE SUPERIOR COURT OF SAID SAN DIEGO COUNTY; AND THAT PORTION OF SECTION 28, TOWNSHIP 8 SOUTH, RANGE 2 WEST, SAN BERNAKDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, APRIL 10, 1886, WHICH LIES WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: COMMENCING AT A 6" X 6" CONCRETE MONUMENT AT TI~ SOUTHERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING OF NORTH 16° 18' 39" WEST AND A LENGTH OF 317.75 FEET AS SHOWN ON THE MAP OF TRACT NO. 3552, AS SHOWN BY MAP ON FILE IN BOOK 56 PAGES 63 TO 66, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 16°18' 39" WEST ALONG SAID CERTAIN COURSE, 45.18 FEET; THENCE SOUTH 57° 55' 45" EAST, 2,083.62 FEET; THENCE SOUTH 64° 09' 59" EAST, 367.50 FEET; THENCE SOUTH 58° 19' 29" EAST, 741.95 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SO--ST AND HAVING A RADIUS OF 716.30 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17° 15' 47" A DISTANCE OF 215.82 FEET; THENCE TANGENT TO SAID CURVE SOUTH 41 ° 03' 42" EAST, 378.41 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 955.00 'FEET; THENCE SOUTHEASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 14° 15' 47" A DISTANCE OF 237.74 FEET; THENCE TANGENT TO SAID LAST MENTIONED CURVE SOUTH 55° 19' 29" EAST, 601.51 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1,000.00 FEET; THENCE SOUTHEASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 13 ° 54' 30" A DISTANCE OF 242.75 FEET; THENCE TANGENT TO SAID LAST MENTIONED CURVE SOUTH 69° 13' 59" EAST, 99.51 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2,350.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21 ° 29' 23" AN ARC DISTANCE OF 881.41 FEET; THENCE TANGENT TO SAID LAST MENTIONED CURVE SOUTH 47° 44' 36" EAST, 2,543.13 FEET TO A 2" IRON PIPE 12-INCHES BELOW THE SURFACE OF PAVEMENT ACCEPTED AS THE CENTER LINE OF PALA ROAD PER RIVERSIDE COUNTY ROAD RECORD ON FILE IN BOOK 1 PAGE 83 ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS OF SAID COUNTY AND AS SHOWN IN RIVERSIDE COUNTY GENERAL SURVEYS FIELD BOOK 445 PAGE 53; THENCE CONTINUING SOUTH 47" 44' 36" EAST ALONG THE CENTER LINE, 2,821.42 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 47° 44' 36" EAST ALONG SAID CENTER LINE, 3,003.87 FEET TO A 3/4" IRON PIPE, FOUND 15 "BELOW pAVEMENT SURFACE AND SHOWN AS 0+00 IN SAID COUNTY FIELD BOOK 445 PAGE 52, AND ACCEPTING AS THE CENTER LINE OF SAID PALA ROAD; THENCE CONTINUING SOUTH 47° 44' 36" EAST, 1,657.39 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LITTLE TEMECULA RANCHO; THENCE SOUTH 53° 09' 19" WEST ALONG SAID SOUTHEASTERLY LINE, 44.72 FEET TO A POINT ON SAID SOUTHEASTERLY LINE, SAID LAST MENTIONED POINT LIES NORTH 50° 06' 54" WEST, 0.65 FEET FROM A FOUND 3/4" IRON PllaE 12-INCHES DEEP PER SAID FIELD BOOK 445 PAGE 52, SAID 3/4" IRON PI~E BEING ACCEPTED AS LYING ON THE CENTER LINE OF PALA ROAD PER DEED PLAT MAP 25-L, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AND PER QUITCLAIM DEED RECORDED JULY 20, 1959 AS INSTRUMENT NO. 62786 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, FOR PALA ROAD; THENCE SOUTH 50° 06' 54" EAST, 836.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 500.00 FEET AND SHOWN ON SAID DEED PLAT 25-L AS P.C. 24+86.36; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 172.34 FEET THROUGH A CENTRAL ANGLE OF 19° 44' 57"; THENCE SOUTH 30° 21' 57" EAST, 247.93 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1,000.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 252.20 FEET THROUGH A CENTRAL ANGLE OF 14° 27' 00"; THENCE TANGENT TO SAID LAST MENTIONED CURVE, SOUTH 44° 48' 57" EAST, 109.79 FEET TO A POINT ON SAID CENTER LINE OF PALA ROAD; THENCE NORTH 42° 23' 59" EAST 2,254.57 FEET; THENCE NORTH 24° 49' 53" WEST THENCE NORTH 30° 47' 27" WEST THENCE NORTH 61 ° 01' 36" WEST THENCE NORTH 45° 32' 22" WEST THENCE NORTH 35° 26' 16" WEST THENCE NORTH 53° 33' 32" WEST TI-IENCE NORTH 65° 15' 30" WEST THENCE SOUTH 42° 13' 58" WEST, BEGINNING' 832.36 FEET; 1,705.39 FEET; 617.25 FEET; 976.56 FEET; 978.72 FEET; 726.59 FEET; 634.63 FEET; 2,759.88 FEET TO THE TRUE POINT OF EXCEPT THEREFROM THE SOUTHWESTERLY 30.00 FEET FOR ROADWAY PURPOSES FOR PALA ROAD AS RESERVED BY TI-IE COUNTY OF RIVERSIDE PER THE PARTITION MAP OF THE LITTLE TEMECULA RANCHO, AND SAID ROAD ON FILE IN BOOK 1 PAGE 83, AND THAT PORTION OF SAID SECTION 28, AS INSTRUMENT RECORDED JULY 20, 1959 AS INSTRLrMENT NO. 62786 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO RANCHO CALIFORNIA WATER DISTRICT,RECORDED SEPTEMBER 27, 1967 AS INSTRUMENT No. 84987 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 3: THAT PORTION OF THE LITTLE TEMECULA RANCHO, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ENTITLED "PARTITION MAP OF LITTLE TEMBCULA RANCHO" ON FILE IN THE OFFICE OF THE COUNTY CLERK OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, IN ACTION NO. 5756, IN THE SLrPERIOR COURT OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT A 6" X 6" CONCRETE MONUMENT AT THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING OF NORTH 16° 18' 39" WEST AND A LENGTH OF 317.75 FEET AS SHOWN ON THE MAP OF TRACT NO. 3552, ON FILE IN BOOK 56 PAGES 63 TO 66, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 16° 18' 39" WEST ALONG SAID CERTAIN COURSE, 45.18 FEET; THENCE SOUTH 57° 55' 45" EAST, 2,083.62 FEET; THENCE SOUTH 64° 09' 59" EAST, 367.50 FEET; THENCE SOUTH 58° 19' 29" EAST, 741.95 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 716.30 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17° 15' 47" A DISTANCE OF 215.82 FEET; THENCE TANGENT TO SAID CURVE SOUTH 41° 03' 42" EAST, 378.41 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 955.00 FEET; THENCE SOUTHEASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 14° 15' 47" A DISTANCE OF 237.74 FEET; THENCE TANGENT TO SAID LAST MENTIONED CURVE SOUTH 55° 19' 29" EAST, 601.51 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1,000.00 FEET; THENCE SOUTHEASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 13 ° 54' 30" A DISTANCE OF 242.75 FEET; THENCE TANGENT TO SAID LAST MENTIONED CURVE SOUTH 69° 13' 59" EAST, 99.51 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2,350.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21 ° 29' 23" AN ARC DISTANCE OF 881.41 FEET; THENCE TANGENT TO SAID LAST MENTIONED CURVE SOUTH 47° 44' 36" EAST, 2,543.13 FEET TO A POINT, SAID POINT BEING A 2" IRON PIPE 12-INCHES BELOW A SURFACE OF PAVEMENT' AND ACCEPTED AS THE CENTERLINE OF PALA ROAD AS SHOWN IN RIVERSIDE COUNTY GENERAL SURVEYS FIELD BOOK 445 PAGE 53; THENCE CONTINUING SOUTH 47° 44' 36" EAST ALONG SAID CENTER LINE, 4,056.09 FEET TO A POINT ON SAID CENTER LINE TO BE KNOW AS POINT "A"; THENCE NORTH 42° 13' 58" EAST, 1,615.80 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 4,000.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09° 45' 32" A DISTANCE OF 681.30 FEET; THENCE TANGENT TO SAID LAST MENTIONED CURVE NORTH 51 ° 59' 30" EAST, 722.14 FEET; THENCE SOUTH 35° 26' 16" EAST, 709.90 FEET TO THE TRUE POINT OF THENCE NORTH 45° 58' 31" EAST, 416.34 FEET; THENCE SOUTH 41 ° 19' 56" EAST, 442.14 FEET; THENCE SOUTH 45° 48' 16" WEST, 415.45 FEET; THENCE NORTH 45° 32' 22" WEST, 265.00 FEET; THENCE NOR'I~-I 35° 26' 16" WEST, 180.00 FEET TO THE TRUE POINT OF BEGINN.~G. ATTACHMENT "2" (Specific Plan Development Standards On file in the office of the City Clerk ATTACHMENT "3" Zoning District Development Standards) 641384 02/06/2001 -37- Wolf Creek Zoning City of Temecula Specific Plan No. 12 Zoning (1) (2) (3) Planning Area 1 - LM Zone Single Family Residential (7,200 s.f. lots) The uses permitted in Planning Area I of Specific Plan No. 12 shall be the same as those uses permitted in the LM Residential District in Chapter 17.06 of the City of Temecula Development Code. The development standards for Planning Area 1 of Specific Plan No. 12 shall be the same as those standards identified for the LM Residential District in Section 17.06.040 of the City of Temecula Development Code, except for the following: H. I. J. Minimum net lot area shall not be less than seventy-two hundred (7,200) square feet. The minimum average width of a lot shall not be less than fifty feet (50'). The minimum depth of a lot shall not be less than eighty fee[ (80'). The front yard to a liveable structure shall not be less than twenty feet (20'). The comer side yard shall be not less than ten feet (I0'). The interior side yard shall be not less than the sum of fifteen feet (15'); minimum five feet (5'). The rear yard shall be not less than twenty feet (20'). The maximum height shall not exceed thirty-five feet (35'). Minimum garage setbacks shall be twenty feet (20'). Patio covers for side and rear yards with vertical supports shall be a minimum of five feet (5') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. Patio covers for front yards with vertical supports shall be a minimum of ten feet (10') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. The maximum pement of lot coverage for two story dwellings will be 40 pement · of the lot coverage. The maximum percent of lot coverage for one story dwellings will be 50 percent of the lot coverage. Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the City of Temecula Development Code. Specific Plan No. 12 Page 1 of 39 2/14/2001 Wolf Creek Zoning A detailed noise assessment, evaluatin~ project and cumulative noise impacts, shall be provided for Plannin~ Area I because of its location adjacent to Pala Road. As necessary, the assessment shall deschbe noise reduction measures to be incorporated into the project to comply with state and local exterior noise standards. The assessment shall be completed to the satisfaction of the City prior to the approval of a tentative subdivision map or development plan, whichever is appropriate for the type of development proposed. Specific Plan No. 12 Page 2 Of 39 2/14/2001 Wolf Creek Zoning (2) Planning Area 2 - LM Zone Single Family Residential (6,000 s.L lots) The uses permitted in Planning Area 2 of Specific Plan No. 12 shall be the same as those uses permitted in the LM Residential District in Chapter 17.06 of the City of Temecula Development Code. The development standards for Planning Area 2 of Specific Plan No. 12 shall be the same as those standards identified for the LM Residential District in Section 17.06.040 of the City of Temecula Development Code, except for the following: A. Minimum net lot area shall not be less than six thousand (6,000) square feet. B. The minimum average width of a lot shall not be less than fifty feet (50'). C. The minimum depth of a lot shall not be less than eighty feet (80'). D. The front yard to a liveable structure shall not be less than twenty feet (20'). E. The comer side yard shall be not less than ten feet (10'). F. The interior side yard shall be not less than the sum of fifteen feet (15'); minimum five feet (5'). G. The rear yard shall be not less than twenty feet (20'). H. The maximum height shall not exceed thirty-five feet (35'). 1. Minimum garage setbacks shall be twenty feet (20'). J. Patio covers for side and rear yards with vertical supports shall be a minimum of five feet (5') from the property lipe. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. K. Patio covers for front yards with vertical supports shall be a minimum often feet (10') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. L. The maximum percent of lot coverage for two story dwellings will be 40 percent of the lot coverage. M. The maximum percent of lot coverage for one story dwellings will be 50 percent of the lot coverage. (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the City of Temecula Development Code. Specific Plan No. 12 Page 3 of 39 211412001 Wolf Creek (i) (2) Zoning Planning Area 3 - PI District Middle School The uses permitted in Planning Area 3 of Specific Plan No. 12 shall be the same as those uses permitted in the PI Public Institutional District of Chapter 17.12 of the City of Temecula Development Code. The development standards for Planning Area 3 of Specific Plan No. 12 shall be the same as those standards identified for the PI Public Institutional District Zone in Section 17.12.040 of the City of Temecula Development Code. (1) (2) Planning Area 3 - LM Zone Single Family Residential (7,200 s.L lots) (If school site is not acquired by District) The uses permitted in Planning Area 3 of Specific Plan No. 12 shall be the same as those uses permitted in the LM Residential District in Chapter 17.06 of the City of Temecula Development Code. The development standards for Planning Area 3 of Specific Plan No. 12 shall be the same as those standards identified for the LM Residential District in Section 17.06.040 of the City of Temecula Development Code, except for the following: A. Minimum net lot area shall not be less than seventy-two hundred (7,200) square feet. B. The minimum average width of a lot shall not be less than fifty feet (50'). C. The minimum depth of a lot shall not be less than eighty feet (80'). 'D. The front yard to a liveable structure shall not be less than twenty feet (20'). E. The comer side yard shall be not less than ten feet (10'). F. The interior side yard shall be not less than the sum of fifteen feet (15'); minimum five feet (5'). G. The rear yard shall be not less than twenty feet (20'). H. The maximum height shall not exceed thirty-five feet (35'). 1. Minimum garage setbacks shall be twenty feet (20'). J. Patio covers for side and rear yards with vertical supports shall be a minimum of five feet (5') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. K. Patio covers for front yards with vertical supports shall be a minimum of ten feet (10') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. L. The maximum percent of lot coverage for two story dwellings will be 40 percent of the lot coverage. M. The maximum percent of lot coverage for one story dwellings will be 50 percent of the lot coverage. Specific Plan No. 12 Page 4 0f39 2/14/2001 Wolf Creek Zoning (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the City of Temecula Development Code. Specific Plan No. 12 Page 5 of 39 2/14/2001 Wolf Creek Zoning (2) Plannin~ Area ~l - PR Zone Kent Hintergardt Park The uses permitted in Planning Area 4 of Specific Plan No. 12 shall be the same as those uses permitted in the PR Parks and Recreation District of Chapter 17.14 of the City of Temecula Development Code. The development standards for Planning Area 4 of Specific Plan No. 12 shall be the same as those standards identified for the PR Parks and Recreation District in Section 17.14.040 of the City of Temecula Development Code. Specific Plan No. 12 Page 6 of 39 2/lad2001 Wolf Creek Zoning (1) (2) Planning Area 5 - LM Zone Single Family Residential (6,000 s.f. lots) The uses permitted in Planning Area 5 of Specific Plan No. 12 shall be the same as those uses permitted in the LM Residential District in Chapter 17.06 of the City of Temecula Development Code. The development standards for Planning Area 5 of Specific Plan No. 12 shall be the same as those standards identified for the LM Residential District in Section 17.06.040 of the City of Temecula Development Code, except for the following: A. Minimum net lot area shall not be ]ess than six thousand (6,000) square feet. B. The minimum average width of a lot shall not be less than fifty feet (50'). C. The minimum depth of a lot shall not be ]ess than eighty feet (80'). D. The front yard to a liveable structure shall not be less than twenty feet (20'). E. The comer side yard shall be not less than ten feet (10'). F. The interior side yard shall be not less than the sum of fifteen feet (15'); minimum five feet (5'). G. The rear yard shall be not less than twenty feet (20'). H. Thc maximum height shall not exceed thirty-five feet (35'). I. Minimum garage setbacks shall be twenty feet (20'). J. Patio covers for side and rear yards with vertical supports shall be a mimmum of five feet (5') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. K. Patio covers for front yards with vertical supports shall be a minimum of ten feet (10') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. L. The maximum percent of lot coverage for two story dwellings will be 40 percent of the lot coverage. M. The maximum percent of lot coverage for one story dwellings will be 50 percent of the lot coverage. (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the City of Temecula Development Code. Specific Plan No. 12 Page 7 Of 39 2/14/2001 Wolf Creek Zoning (1) (2) Planning Area 6 - M Zone Single Family Residential (5,000 s.f. lots) The uses permitted in Planning Area 6 of Specific Plan No. 12 shall be the same as those uses permitted in the M Residential District of Chapter 17.06 of the City of Temecula Development Code. In addition, the permitted uses identified under Section 17.06.030 shall also include noncommercial community association recreation and assembly buildings and facilities. The development standards for Planning Area 6 of Specific Plan No. 12 shall be the same as those standards identified for the M Residential District in Section 17.06.040 of the City of Temecula Development Code, except for the following: A. Minimum net lot area shall not be less than five thousand (5,000) square feet. B. The.minimum average width of a lot shall not be less than forty-five feet (45'). C. The minimum depth of a lot shall not be less than eighty feet (80'). D. The front yard to a liveable structure shall not be less than an average of fifteen feet (15') and a minimum of ten feet (10'). E. The comer side yard shall be not less than ten feet (I0'). F. The interior side yard shall be not less than 5 feet (5'). G. The rear yard shall be not less than fifteen feet (15'). H. The maximum height shall not exceed thirty-five feet (35'). I. Minimum garage setbacks shall be eighteen feet (18') from the right-of-way for entrances that face the street. Roll-up type garage doors are required. A ten foot (10') setback is allowed if the garage is a side-entry garage. J. Patio covers for side and rear yards with vertical supports shall be a minimum of five feet (5') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. K. Patio covers for front yards with vertical supports shall be a minimum of ten feet (10') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. L. The minimum rear yard square footage shall not be less than eight hundred square feet (800 sq. ft.). M. The maximum percent of lot coverage for two story dwellings will be 50 percent of the lot coverage. N. The maximum percent of lot coverage for one story dwellings will be 55 percent of the lot coverage. (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the City of Temecula Development Code. Specific Plan No. 12 Page 8 of 39 2/14/2001 Wolf Creek Zoning A detailed noise assessment, evaluating proiect and cumulative noise impacts, shall be ~rovided for Plannine Area 6 because of its location adjacent to Pala Road. As necessary, the assessment shall describe noise reduction measures to be incorporated _into the proiect to comply with state and local exterior noise standards. The assessment shall be completed to the satisfaction of the City prior to the approval of a tentative subdivision map or development plan, whichever is appropriate for the type of development proposed. Specific Plan No. 12 Page 9 of 39 2/14/2001 Wolf Creek Zoning Planning Area 7 - M Zone Single Family Residential (Courtyard Homes) (1) The uses permitted in Planning Area 7 of Specific Plan N°' 12 shall be the same as those uses permitted in the M Residential District in Chapter 17.06 of the City of Temecula Development Code. (2) The development standards for Planning Area 7 of Specific Plan No. 12 shall be the same as those standards identified for the M Residential District in Section 17.06.040 of the City of Temecula Development Code, except for the following: A. Minimum net lot area shall not be less than three thousand (3,000) square feet. B. The minimum width at the front setback shall no be less than thirty feet (30'). C. The minimum average width of a lot shall not be less than thirty feet (30'). D. The minimum depth of a lot shall not be less than sixty-five feet (65'). E. The front yard to a liveable structure shall not be less than an average of fifteen feet (15') and a minimum often feet (I0'). F. The comer side yard shall be not less than ten feet (10'). G. The interior side yard shall have a minimum setback of zero feet (0). H. The rear yard shall be not less than five feet (5'). 1. The maximum height shall not exceed thirty-five feet (35'). J. Minimum garage setbacks shall be eighteen feet (18') from the right-of-way entrances that face the street and ten feet (10') for a side-entry garage. Roll-up type garage doors shall be required. K. Patio covers for side and rear yards with vertical supports shall be a minimum of five feet (5') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. L. Patio covers for front yards with vertical supports shall be a minimum of ten feet Off) from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. (3) Except as pr6vided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the Cit3 Of Temecula Development Code. ~,~',',v," ........................ v ...... i)'pca P,,~v ..... Minimum rear yard requirements are set at five feet (5') for courtyard home products, however courtyard home site planning is highly dependent on integration of product design and placement Specific Plan No. 12 Page 10 of 39 2/1412001 Wolf Creek Zoning (6) of homes on the .... ,-, .... ,,v,,,'--~ ............... ' ......... a ,,,,~i,,,,,, .... ,, A detailed noise assessment, eva]uatin~ proiect and cumulative noise impacts, shall be provided for Planing Area 7 because of its location adiacent to Pala Road. As necessary. the assessment shall describe noise reduction measures to be incorporated into the project to comply with state and local exterior noise standards. The assessment shall be _completed to the satisfaction of the City prior to the approval of a tentative subdivision map or development plan, whichever is appropriate for the type of development Rroposed. When courtyard homes are implemented, Planned Development guidelines shall be ~ubmitted for review and approval by the Planning Commission. a.~ The Development Plan shall include an architectural design package including floorplans and elevations for all product types, b..~. The Development Plan must demonstrate a minimum of two hundred (200) square feet of usable private yard space for each lot. Speci[ic Plan No. 12 Page 11 of 39 2/14/2001 Wolf Creek Zoning Planning Area 8 - PI District Elementary School (1) The uses permitted in Planning Area 8 of Specific Plan No. 12 shall be the same as those uses permitted in the PI Public Institutional District of Chapter 17.12 of the City of Temecu]a Development Code. (2) The development standards for Planning Area 8 of Specific Plan No. 12 shall be the same as those standards identified for the PI Public Institutional District Zone in Section 17.12.020 of the City of Temecula Development Code. (1) (2) Planning Area 8 -M Zone Single Family Residential (Option) (5,000 s.f. lots) (If school site is not acquired by District) The uses permitted in Planning Area 8 of Specific Plan No. 12 shall be the same as those uses permitted in the M Residential District in Chapter 17.06 of the City of Temecula Development Code. The development standards for Planning Area 8 of Specific Plan No. 12 shall be the same as those standards identified for the M Residential District in Section 17.06.040 of the City of Temecula Development Code, except for the following: F. G. H. Minimum net lot area shall not be less than five thousand (5,000) square feet. The minimum width of a lot at the front setback line shall not be less than forty- five feet (45'). The minimum average width of a lot shall not be less than forty-five feet (45'). The minimum lot depth shall not be less than eighty feet (80'). The front yard to a liveable structure shall not be less than an average of fifteen feet (15') and a minimum often feet (10'). The comer side yard shall be not less than ten feet (10'). The interior side yard shall be not less than five feet (5'). The rear yard shall be not less than fifteen feet (15'). The minimum rear yard square footage shall not be less than eight hundred square feet (800 sq. ft.). The maximum height shall not exceed thirty-five feet (35'). Minimum garage setbacks shall be eighteen feet (18') from the right-of-way entrances that face the street and ten feet (10') for a side entry garage. Roll-up type garage doors shall be required. Patio covers for side and rear yards with vertical supports shall be a minimum of five feet (5') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. Specific Plan No. 12 Page 12 of 39 2/14/2001 Wolf Creek Zoning Patio covers for front yards with vertical supports shall be a minimum of ten feet (10') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. The maximum percent of lot coverage for two story dwellings will be 50 percent of the lot coverage. The maximum percent of lot coverage for one story dwellings will be 55 percent of the lot coverage. (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the City of Temecula Development Code. Specific Plan No. 12 Page 13 of 39 2/14/2001 Wolf Creek Zoning Planning Area 9 - M Zone Single Family Residential (5~000 s.f. lots) (1) (2) The uses permitted in Planning Area 9 of Specific Plan No. 12 shall be the same as those uses permitted in the M Residential District of Chapter 17.06 of the City of Temecula Development Code. The development standards for Planning Area 9 of Specific Plan No. 12 shall bl the same as those standards identified for the M Residential District in Section 17.06.040 of the City of Temecula Development.Code, except for the following: Minimum net lot area shall not be less than five thousand (5,000) square feet. The minimum average width of a lot shall not be less than forty-five feet (45'). F. G. H. I. The minimum depth of a lot shall not be less than eighty feet (80'). The front yard to a liveable structure shall not be less than an average of fifteen feet (15') and a minimum often feet (10'). The comer side yard shall be not less than ten feet (10'). The interior side yard shall be not less than five feet (5'). The rear yard shall be not less than fifteen feet (15'). The maximum height shall not exceed thirty-five feet (35'). Minimum garage setbacks shall be eighteen feet (18') from the right-of-way for entrances that face the street. Roll-up type garage doors are required. A ten foot (10') setback is allowed if the garage is a side-entry garage. Patio covers for side and rear yards with vertical supports shall be a minimum of five feet (5') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. Patio covers for front yards with vertical supports shall be a minimum of ten feet (I0') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. The minimum rear yard square footage shall not be less than eight hundred square feet (800 sq. ft.). The maximum percent of lot coverage for two story dwellings will be 50 percent of the lot coverage. The maximum percent of lot coverage for one story dwellings will be 55 percent of the lot coverage. (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the City of Temecula Development Code. Specific Plan No. 12 Page 14 of 39 2/14/2001 Wolf Creek Zoning A detailed noise assessment, evaluatimz project and cumulative noise impacts, shall be provided for Plannin~ Area 9 because of its location adjacent to Wolf Valley Road. As necessary, the assessment shall describe noise reduction measures to be incorporated into the proiect to comply with state and local exterior noise standards. The assessment shall be completed to the satisfaction of the City prior to the approval of a tentative subdivision map or development plan. whichever is appropriate for the type of development proposed. Specific Plan No. 12 Page 15 of 39 2/14/2001 Wolf Creek Zoning Planning Area 10 - M Zone Single Family Residential (Courtyard Homes) (1) The uses permitted in Planning Area t0 of Specific Plan No. 12 shall be the same as those uses permitted in the M Residential District in Chapter 17.06 of the City of Temecula DeveloPment Code. (2) The development standards for Planning Area 10 of Specific Plan No. 12 shall be the same as those standards identified for the M Residential District in Section 17.06.040 of the City of Temecula Development Code, except for the following: B. C. D. E. G. H. I. J. Minimum net lot area shall not be less than three thousand (3,000) square feet. The minimum width at the front setback shall no be less than thirty feet (30'). The minimum average width of a lot shall not be less than thirty feet (30'). The minimum depth of a lot shall not be less than sixty-five feet (65'). The front yard to a liveable structure shall not be less than an average of fifteen feet (15') and a minimum often feet (10'). The comer side yard shall be not less than ten feet (10'). The interior side yard shall have a minimum setback of zero feet (0). The rear yard shall be not less than five feet (5'). The maximum height shall not exceed thirty-five feet (35'). Minimum garage setbacks shall be eighteen feet (18') from the right-of-way entrances that face the street and ten feet (10') for a side-entry garage. Roll-up type garage doors shall be required. Patio covers for side and rear yards with vertical sul~ports shall be a minimum of five feet (5') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. Patio covers for front yards with vertical supports shall be a minimum of ten feet (10') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the City Of Temecula Development Code. (4) fl ............. " ........ Mi i yard requirements are set at five feet (5') for courtyard home products; however, courtyard home site planning is highly dependent on integration of product design and placement Specific Plan No. 12 Page 16 of 39 2/14/2001 Wolf Creek Zoning (5) A detailed noise assessment, evaluating project and cumulative noise impacts, shall be provided for Planning Area 10 because of its location adjacent to Wolf Valley Road. and where such areas lie within a noise environment projected to exceed 65 CNEL. As necessary, the assessment shall describe noise reduction measures to be incorporated into the project to comply with state and local exterior noise standards. The assessment shall be completed to the satisfaction of the City prior to the approval of a tentative subdivision map or developmeflt plan, whichever is appropriate for the type of development proposed. (6) When courtyard homes are implemented. Planned Development ~uidelines shall be submitted for review and approval by the Plannin~ Commission. The Development Plan shall include an architectural design package including floorplans and elevations for all product types. The Development Plan must demonstrate a minimum of two hundred (200) square feet of usable private yard space for each lot. Specific Plan No. 12 Page 17 of 39 2/14/2oo1 Wolf Creeh Zoning Planning Area 11 - PR Zone Neighborhood Park The uses permitted in Planning Area 11 of Specific Plan No. 12 shall be the same as · those uses permitted in the pR Parks and Recreation District of Chapter 17.14 of the City of Temecula Development Code. (2) The development standards for Planning Area 11 of Specific Plan No. 12 shall be the same as those standards identified for the PR Parks and Recreation District in Section 17.14.040 of the City of Temecula Development Code. Specific Plan No. 12 Page 18 of 39 211412001 Wolf Creek Zoning Planning Area 12 - NC Zone Neighborhood Commercial The uses permitted in Planning Area 12 of Specific Plan No. 12 shall be the same as those uses permitted in the NC Neighborhood Commercial District of Chapter 17.08 of the City of Temecula Development Code, except that the following uses shall not be permitted: A. Auditoriums and Conference Facilities B. Automobile Sales C. Automobile Parts-sales D. Automobile Repair Services E. Automobile Rental F. Automobile Service Stations G. Banks and Financial Institutions (with drive-throughs) H. Bowling Alley I. Building Material Sales J. Car Wash, Full Service K. Communications Equipment Sales L. Convenience Market M. Discount/Department Store N. Dry Cleaning Plant O. Equipment Sales and Rentals P. Funeral Parlors, Mortuary Q. Furniture Sales R. Garden Supplies and Equipment Sales and Service S. Health and Exercise Clubs (greater than 5,000 square feet) T. Hospitals U. Hotels/Motels V. Kennel W. Libraries, Museums and Galleries X. Liquor Stores Y. Mini-Storage or Mini-Warehouse Z. Movie Theaters AA. Music and Recording Studios BB. Nightclubs/Dance Club/Teen Club CC. Nurseries (Retail) DD. Offices, Administrative or Corporate Headquarters with greater than 50,000 sq. ft. EE. Paint and Wallpaper Stores FF. Pawnshops GG. Pest Control Services HH. Printing and Publishing Specific Plan No. 12 Page 19 of 39 2/14/2001 Wolf Creek Zoning II. Radio and Broadcasting Studios, Offices JJ. Recycling Collection Facilities KK. Restaurants with Lounge or Live Entertainment LL. Rooming and Boarding Houses MM. Swimming Pool Supplies/Equipment Sales NN. Taxi or Limousine Service OO. Tile Sales PP. Wedding Chapels (2) Tavern/Bar uses shall be conditionally permitted upon approval of a conditional use permit. (3) The following uses are conditionally permitted in Planning Area 12 of Specific Plan No. 12 subject to the approval of a conditional use permit. (0) B. C. Parcel Delivery Services Alcoholic Beverage Sales Liquor Stores (4) The development standards for Planning Area 12 of Specific Plan NO. 12 shall be the same as those standards identified for the NC Neighborhood Commercial District in Section 17.08.040 of the City of Temecula Development Code. (5) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.08 of the City of Temecula Development Code. Specific Plan No. 12 Page 20 of 39 2/14/2001 Wolf Creek Zoning Planning Area 13 - CC Zone Community Commercial The uses permitted in Planning Area 13 of Specific Plan No. 12 shall be the same as those uses permitted in the CC Community Commercial District of Chapter 17.08 of the City of Temecula Development Code, ~xcept that the following uses shall be prohibited: B. C. D. E. F. G. I. J. K. L. M. N. O. P. Q. R. S. T. V. W. X. Y. Z. AA. BB. CC. DD. Auditoriums - Conference Facilities Automobile Rental Automobile Sales Automobile Repair Services Automobile Services Stations Automotive Oil Change/Lube Services Automotive Service Stations Selling Beer and/or Wine With or Without an Automated Car Wash Banks and Financial Institutions (with dfive-throughs) Bed and Breakfast Building Material Sales Car Wash, full service Dry Cleaning Plant Equipment Sales and Rentals Funeral Parlors, Mortuary Garden Supplies and Equipment Sales and Service Hotels/Motels Mini-Storage or Mini-Warehouse Music and Recording Studios Nurseries (Retail) Offices, Administrative or Corporate Headquarters with greater than 50,000 sq. ft. Pawnshops Pest Control Services Printing and Publishing Radio and Broadcasting Studios, Offices Recycling Collection Facilities Restaurant, Drive-in Rooming and Boarding Houses Taxi or Limousine Service Tile Sales Wedding Chapels Specific Plan No. 12 Page 21 of 39 2/14/2001 Wolf Creek Zoning (2) The following uses are conditionally permitted in Planning Area 13 of Specific Plan No. 12 subject to the approval of a conditional use permit. B. C. D. Parcel Delivery Services Convenience Market Liquor Stores Restaurant, Fast Food (3) The development standards for Planning Area 13 of Specific Plan No. 12 shall be the same as those standards identified for the CC Community Commercial District in Section 17.08.040 of the City of Temecula Development Code. (4) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.08 of the City of Temecula Development Code. Specific Plan No. 12 Page 22 of 39 2/14/2001 wolf Creek Planning Area 14 - PI Zone Recreational, Fire Station or Library Zoning (1) The uses permitted in Planning Area 14 of Specific Plan No. 12 shall be the same as those uses permitted in the PI Public Institutional District of Chapter 17.12 of the City of Temecula Development Code. In addition, the permitted uses identified under Section 17.12.030 shall also include fire stations. (2) The development standards for Planning Area 14 of Specific Plan No. 12 shall be the same as those standards identified for the PI Public Institutional District Zone in Section 17.12.040 of the City of Temecula Development Code. Specific Plan No. 12 Page 23 of 39 2/14/2001 Wolf Creek Zoning Planning Area 15 - M Zone Single Family Residential (5,000 s.f. lots) (1) The uses permitted in Planning Area 15 of Specific Plan No. 12 shall be the same as those uses permitted in the M Residential District of Chapter 17.06 of the City of Temecula Development Code. (2) The development standards for Planning Area 15 of Specific Plan No. 12 shall be the same as those standards identified for the M Residential District in Section 17.06.040 of the City of Temecula Development Code, except for the following: Minimum net lot area shall not be tess than five thousand (5,000) square feet. The minimum average width of a lot shall not be less than forty-five feet (45'). F. G. H. 1. The minimum depth of a lot shall not be less than eighty feet (80'). The front yard to a liveable structure shall not be less than an average of fifteen feet (15') and a minimum often feet (I0'). The comer side yard shall be not less than ten feet (I0'). The interior side yard shall be not less than five feet (5'). The rear yard shall be not less than fifteen feet (15'). The maximum height shall not exceed thirty-five feet (35'). Minimum garage setbacks shall be eighteen feet (18') from the right-of-way for entrances that face the street. Roll-up type garage doors are required. A ten foot (Iff) setback is allowed if the garage is a side-entry garage. Patio covers for side and rear yards with vertical supports shall be a minimum of five feet (5') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. Patio covers for front yards with vertical supports shall be a minimum of ten feet (10') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. The minimum rear yard square footage shall not be less than eight hundred square feet (800 sq. ft.). The maximum percent of lot coverage for two story dwellings will be 50 percent of the lot coverage. The maximum percent of lot coverage for one story dwellings will be 55 percent of the lot coverage. (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the City of Temecula Development Code. Specific Plan No. 12 Page 24 of 39 2/14/2001 Wolf Creek Zoning A detailed noise assessment, evaluating; project and cumulative noise impacts, shall be provided for Planning; Area 15 because of its tocation adjacent to Wolf Valley Road. As necessary, the assessment shall describe noise reduction measures to be incorporated into the project to comply with state and local exterior noise standards. The assessment shall be completed to the satisfaction of the City prior to the approval of a tentative subdivision map or development plan. whichever is appropriate for the type ol development proposed. Specific P]an No. 12 Page 25 of 39 2/1412001 Wolf Creek Zoning Planning Area 16 - L-2 Zone Single Family Residential (20,000 s.f. lots) (1) The uses permitted in Planning Area 16 of Specific Plan No. 12 shall be the same as those uses permitted in the L-2 Residential District of Chapter 17.06 of the City of Temecula Development Code. (2) The development standards for Planning Area 16 of Specific Plan No. 12 shall be the same as those standards identified for the L-2 Residential District in Section 17.06.040 of the City of Temecula Development Code, except the following: D. E. F. G. H. I. J. Minimum net lot area shall not be less than twenty thousand (20,000) square feet. The minimum average width of a lot shall not be less than one hundred feet (100'). The minimum depth of a lot shall not be less than ninety feet (90'). The front yard to a liveable structure shall not be less than twenty-five feet (25'). The comer side yard shall be not less than fifteen feet (15'). The interior side yard shall be not less than ten feet Off). The rear yard shall be not less than twenty feet (20'). The maximum height shall not exceed thirty-five feet (35'). Minimum garage setbacks shall be twenty feet (20'). Patio covers for side and rear yards with vertical supports shall be a minimum of five feet (5') from the property tine. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. Patio covers for front yards with vertical supports shall be a minimum of ten feet (10') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. The maximum percent of lot coverage for two story dwellings will be 25 percent of the lot coverage. The maximum percent of lot coverage for one story dwellings will be 25 percent of the lot coverage. (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the City of Temecula Development Code. Specific Plan No. 12 Page 26 of 39 2/14/2001 Wolf Creek Zoning Planning Area 17 - LM Zone Single Family Residential (6,000 s.f. lots) (i) (2) The uses permitted in Planning Area 17 of Specific Plan No. 12 shall be the same as those uses permitted in the LM Residential District in Chapter 17.06 of the City of Temecula Development Code. The development standards for Planning Area 17 of Specific Plan No. 12 shall be the same as those standards identified for the LM Residential District in Section 17.06.040 of the City of Temecula Development Code, except for the following: A. Minimum net lot area shall not be less than six thousand (6,000) square feet. B. The minimum average width of a lot shall not be less than fifty feet (50'). C. The minimum depth of a lot shall not be less than eight~' feet (80'). D. The front yard to a liveable structure shall not be less than twenty feet (20'). E. The comer side yard shall be not less than ten feet (10'). F. The interior side yard shall be not less than the sum of fifteen feet (15'); minimum five feet (5'). G. The rear yard shall be not less than twenty feet (20'). H. The maximum height shall not exceed thirty-five feet (35'). I. Minimum garage setbacks shall be twenty feet (20'). J. Patio covers for side and rear yards with vertical supports shall be a minimum of five feet (5') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. K. Patio covers for front yards with vertical supports shall be a minimum of ten feet (10') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. L. The maximum percent of lot coverage for two story dwellings will be 40 percent of the lot coverage. M. The maximum percent of lot coverage for one story dwellings will be 50 percent of the lot coverage. (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the City of Temecula Development Code. Specific Plan No. 12 Page 27 of 39 2/14/2001 Wolf Creek Zoning Planning Area 18- M Zone Sinele Family Residential (Courtyard Homes) (1) The uses permitted in Planning Area 18 of Specific Plan No. 12 shall be the same as those uses permitted in the M District in Chapter 17.06 of the City of Temecula Development Code. (2) The development standards for Planning Area 18 of Specific Plan No. 12 shall be the same as those standards identified for the M Residential District in Section 17.06.040 of the City of Temecula Development Code, except for the following: B. C. D. E. G. H. I. J. Minimum net lot area shall not be less than three thousand (3,000) square feet. The minimum width at the front setback shall no be less than thirty feet (30'). The minimum average width of a lot shall not be less than thirty feet (30'). The minimum depth of a lot shall not be less than sixty-five feet (65'). The front yard to a liveable structure shall not be !ess than an average of fifteen feet (15') and a minimum often feet (10'). The comer side yard shall be not less than ten feet (10'). The interior side yard shall have a minimum setback of zero feet (0). The rear yard shall be not less than five feet (5'). The maximum height shall not exceed.thirty-five feet (35'). Minimum garage setbacks shall be eighteen feet (18') from the right-of-way entrances that face the street and ten feet (10') for a side-entry garage. Roll-up type garage doors shall be required. Patio covers for side and rear yards with vertical supports shall be a minimum of five feet (5') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. Patio covers for front yards with vertical supports shall be a minimum of ten feet (10!) from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. (3) (4) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the City 6f Temecula Development Code. ...... · · -' ......... dc~-ii ,,;~,~l¥..~dc~,.,l..~ .......... ........... : , · L ~yp ..... Mi i yard requirements are set at five feet (5') for courtyard home products, however courtyard home site planning is highly dependent on integration of product design and placement of homes on the lots. "*", ,,,. ........ ~.,,.. v,.,,.,~,,,,.,,, · ,,~,, ,,,,~o, ,..,,.,,,,-,,,*L,,~L'.. a ,,,,,,,,,-,,, ,,, -~,-,'-, Specific Plan No. 12 Page 28 of 39 2/14/2001 Wolf Creek Zoning (5) A detailed noise assessment, evaluatin~ project and cumulative noise impacts, shall be provided for Planning Area 18 because of its location adiacent to Pala Road. As necessary, the assessment shall describe noise reduction measures to be incorporated into the project to comply with state and local exterior noise standards. The assessment shah be completed to the satisfaction of the City prior to the approval of a tentative subdivision map or development plan. whichever is appropriate for the type of development proposed. (6) When courtyard homes are implemented. Planned Development guidelines shall be submitted for review and approval by the Plannin.~ Commission. . . The Development Plan shall include an architectural design package including floorplans and elevations for all product types. The Development Plan must demonstrate a minimum of two hundred (200) square feet of usable private yard space for each lot. Specific Plan No. 12 Page 29 of 39 2/14/2001 Wolf Creek Zoning Planning Area 18 - H Zone Multiple Family Senior Housin~ (Ootion) (If courtyard homes are not implemented) (i) The uses permitted in Planning Area 18 of Specific Plan No. 12 shall be the same as those uses permitted in the H Residential District in Chapter 17.06 of the City of Temecula Development Code. (2) The development standards for Planning Area 18 of Specific Plan No. 12 shall be the same as those standards identified for the H Residential District in Section 17.06.040 of the City of Temecula Development Code, except for the follow!rig: Fo_. Each residential unit shall be provided with an enclosed garage capable of accommodating a minimum of one automobile. No carp6rts shall be permitted. Each garage shall be located within a maximum of three (300) feet from the property requiring the parking. The minimum width at the front setback shall no be less than thirty feet (30'). The minimum average width of a lot shall not be less than fifty feet (50'). The minimum depth of a lot shall not be less than one hundred feet (100'). The front yard to a liveable structure shall not be less than an average of twenty feet (20') and a minimum often feet (10'). The comer side yard shall be not less than fifteen feet (15'). Variable interior side yard setbacks may be permitted provided the sum of the setbacks shall not be less than ten feet (10') and the distance between adjacent structures shall not be less than ten feet (10'). The rear yard shall be not less than twenty feet (20'). The maximum height shall not exceed thirty-five feet (35'). Minimum garage setbacks shall be twenty feet (20') from the right-of-way entrances that face the street and ten feet (10') for a side-entry garage. Roll-up type garage doors shall be required. Patio covers for side and rear yards with vertical supports shall be a minimum of five feet (5') from the property line. Patio covers without vertical supports shall be a minimum of five feet (5') from the property line. Patio covers for front yards with vertical supports shall be a minimum of ten feet (10') from the property'line. Patio covers without vertical supports shall be a minimum of five feet (5') from the property line. (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the City of Temecula Development Code. (4) A detailed noise assessment, evaluatine prOject and cumulative noise impacts, shall be provided for Plannine Area 18 because of its location adiacent to Pala Road. As necessary, the assessment shall describe noise reduction measures to be incorporated Specific Plan No. 12 Page 30 of 39 2/1412001 wolf Creek Zoning into the project to comply with state and local exterior noise standards. The assessment shall be completed to the satisfaction of the City prior to the approval of a tentative subdivision map or development plan, whichever is appropriate for the type of development proposed. Specific Plan No. 12 Page 31 of 39 2/14/2001 Wolf Creek Zoning Planning Area 20 - M Zone Sim, le Family Residential (5,000 s.f. lots) (1) The uses permitted in Planning Area 20 of Specific Plan No. 12 shall be the same as those uses permitted in the M Residential District of Chapter 17.06 of the City of Temecula Development Code. (2) The development standards for Planning Area 20of Specific Plan No. 12 shall be the same as those standards identified for the M Residential District in Section 17.06.040 of the City of Temecula Development Code, except for the following: Minimum net lot area shall not be less than five thousand (5,000) square feet. The minimum average width of a lot shall not be less than forty-five feet (45'). F. G. H. I. The minimum depth of a lot shall not be less than eighty feet (80'). The front yard to a liveable structure shall not be less than an average of fifteen feet (15') and a minimum of ten feet (10'). The comer side yard shall be not less than ten feet (10'). The interior side yard shall be not less than five feet (5'). The rear yard shall be not less than fifteen feet (15'). The maximum height shall not exceed thirty-five feet (35'). Minimum garage setbacks shall be eighteen feet (18') from the right-of-way for entrances that face the sU'eet. Roll-up type garage doors are required. A ten foot (10') setback is allowed if the garage is a side-entry garage. Patio covers for side and rear yards with vertical supports shall be a minimum of five feet (5') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. Patio covers for front yards with vertical supports shall be a minimum of ten feet (10') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. The minimum rear yard square footage shall not be less than eight hundred square feet (800 sq. ft.). The maximum percent of lot coverage for two ~tory dwellings will be 50 percent of the lot coverage. The maximum percent of lot coverage for one story dwellings will be 55 percent of the lot coverage. (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the City of Temecula Development Code. (4) A detailed noise assessment, evaluating project and cumulative noise impacts, shall be provided for Planning Area 20 because of is location adiacent to Pala Road. As necessary, the assessment shall describe noise reduction measures to be incorporated Specific Plan No. 12 Page 32 of 39 2/14/2001 Wolf Creek Zoning into the project to comply with state and local exterior noise standards. The assessment shall be completed to the satisfaction of the City prior to the approval of a tentative subdivision map or development plan. whichever is appropriate for the type of development proposed. Specific Plan No. 12 Page 33 of 39 2/14/2001 Wolf Creek Zoning Plannin? Area 21 - LM Zone Single Family Residential (6,000 s.f. lots) (1) The uses permitted in Planning Area 21 of Specific Plan No. 12 shall be the same as those uses permitted in the LM Residential District in Chapter 17.06 of the City of Temecula Development Code. (2) The development standards for Plan. n.ing Area 21 of Specific Plan No. 12 shall be the same as those standards identified for the LM Residential District in Section 17.06.040 of the City of Temecula Development Code, except for the following: A. Minimum net lot area shall not be less than six thousand (6,000) square feet. B. The minimum average width of a lot shall not be less than fifty feet (50'). C. The minimum depth of a lot shall not be less than eighty feet (80'). D. The front yard to a liveable structure shall not be less than twenty feet (20'). E. The comer side yard shall be not less than ten feet (10'). F. The interior side yard shall be not less than the sum of fifteen feet (15'); minimum five feet (5'). G. The rear yard shall be not less than twenty feet (20'). H. The maximum height shall not exceed thirty-five feet (35'). I. Minimum garage setbacks shall be twenty feet (20'). J. Patio covers for side'and rear yards with vertical supports shall be a minimum of five feet (5') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. K. Patio covers for front yards with vertical supports shall be a minimum of ten feet (10') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. L. The maximum percent of lot coverage for two story dwellings will be 40 percent of the lot coverage. M. The maximum percent of lot coverage for one story dwellings will be 50 percent of the lot coverage. (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the City of Temecula Development Code. Specific Plan No. 12 Page 34 of 39 2/14/20Ol Wolf Creek Zoning Planning Area 22 - LM Zone Single Family Residential (7,200 s.f. lots) (1) The uses permitted in Planning Area 22 of Specific Plan No. 12 shall be the same as those uses permitted in the LM Residential District in Chapter 17.06 of the City of Temecula Development Code. (2) The development standards for Planning Area 22 of Specific Plan No. 12 shall be the same as those standards identified for the LM Residential District in Section 17.06.040 of the City of Temecula Development Code, except for the following: C. D. E. F. H. J. Minimum net lot area shall not be less than seventy-two hundred (7,200) square feet. The minimum average width of a lot shall not be less than fifty feet (50'). The minimum depth of a lot shall not be less than eighty feet (80'). The front yard to a liveable structure shall not be less than twenty feet (20'). The comer side yard shall be not less than ten feet (10'). The interior side yard shall be not less than the sum of fifteen feet (15'); minimum five feet (5'). The rear yard shall be not less than twenty feet (20'). The maximum height shall not exceed thirty-five feet (35'). Minimum garage setbacks shall be twenty feet (20'). Patio covers for side and rear yards with vertical supports shall be a minimum of five feet (5') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. Patio covers for front yards with vertical supports shall be a minimum of ten feet (10') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. The maximum percent of lot coverage for two story dwellings will be 40 percent of the lot coverage. The maximum percent of lot coverage for one story dwellings will be 50 percent of the lot coverage. (3) Except as provided above, all other zoning requirements shall be the same' as those requirements identified in Chapter 17.06 of the City of Temecula Development Code. Specific Plan No. 12 Page 35 of 39 2/14/2001 Wolf Creek Zoning Planning Area 23 - LM Zone Single Family Residential (5,500 s.f. lots) (1) The uses permitted in Planning Area 23 of Specific Plan No. 12 shall be the same as those uses permitted in the LM Residential District in Chapter 17.06 of the City of Temecula Development Code. (2) The development standards for Planning Area 23 of Specific Plan No. 12 shall be the same as those standards identified for the LM Residential District in Section 17.06.040 of the City of Temecula Development Code, except for the following: Minimum net lot area shall not be less than fifty-five thousand (5,500) square feet. The minimum average width of a lot shall not be less than fifty feet (50'). The minimum depth of a lot shall not be less than eighty feet (80'). The front yard to a liveable structure shall not be less than an average of fifteen feet (15') and a minimum often feet (10'). The comer side yard shall be not less than ten feet (10'). The interior side yard shall be not less than the sum of fifteen feet (15'); minimum five feet (5'). The rear yard shall be not less than twenty feet (20'). The maximum height shall not exceed thirty-five feet (35'). Minimum garage setbacks shall be eighteen feet (18') from the right-of-way for enU'ances that face the street. Roll-up type garage doors are required. A ten foot (10') setback is allowed if the garage is a side-entry garage. Patio covers for side and rear yards with vertical supports shall be a minimum of five feet (5') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. Patio covers for front yards with vertical supports shall be a minimum of ten feet (10') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. The maximum percent of lot coverage for two ~tory dwellings will be 50 percent of the lot coverage. The maximum percent of lot coverage for one story dwellings will be 55 percent of the lot coverage. (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the City of Temecula Development Code. Specific Plan No. 12 Page 36 of 39 2/14/2o01 Wolf Creek Zoning (4) A deiailed noise assessment, evaluating project and cumulative noise impacts, shall be provided for Planning Area 23 because of its location adiacent to Pala Road. As necessary, the assessment shall describe noise reduction measures to be incorporated into the project to comply with state and local exterior noise standards. The assessment shall be completed to the satisfaction of the City prior to the approval of a tentative subdivision map or development plan, whichever is appropriate for the type of develo ment ro osed. Specific Plan No. 12 Page 37 of 39 2/14/2001 Wolf Creek Zoning (1) Planning Area 24 - City Sports Park The uses permitted in Planning Area 24 of Specific 'Plan No. 12 shall be the same as those uses permitted in the PR Parks and Recreation District of Chapter 17.14 of the City of Temecula Development Code and shall also include as permitted uses: (2) (i) (2) B. C. D. E. F. G. Trails, including bicycle and pedestrian trails. Lighted athletic fields. Picnic g~oup facilities. Parking areas and lots. Restrooms and snack bars. Restaurants (no alcoholic beverage sales or drive thrus). Skate parks. The development standards for Planning Area 24 of Specific Plan No. 12 shall be the same as those standards identified for the PR Parks and Recreation District in Section 17.14.040 of the City of Temecula Development Code. Planning Area 24- LM Zone Single Family Residential (Option) (7,200 s.f. lots) (If City Sports Park option is not implemented) The uses permitted in Planning Area 24 of Specific Plan No. 12 shall be the same as those uses permitted in the LM Residential District in Chapter 17.06 of the City of Temecula Development Code. The development standards for Planning Area 24 of Specific Plan No. 12 shall be the same as those standards identified for the LM Residential District in Section 17.06.040 of the City of Temecula Development Code, except for the following: A. Minimum net lot area shall not be less than seventy-two hundred (7,200) square feet. B. The minimum average width of a lot shall not be less than fifty feet (50'). C. The minimum depth of a lot shall not be less ihan eighty feet (80'). D. The front yard to a liveable structure shall not be less than twenty feet (20'). E. The comer side yard shall be not less than ten feet'(10'). F. The interim side yard shall be not less than the sum of fifteen feet (15'); minimum five feet (5'). G. The rear yard shall be not less than twenty feet (20'). H. The maximum height shall not exceed thirty-five feet (35'). 1. Minimum garage setbacks shall be twenty feet (20'). J. Patio covers for side and rear yards with vertical supports shall be a minimum of five feet (5') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. Specific Plan No. 12 Page 38 of 39 2/14/2001 Wolf Creek K. (3) (4) Zoning Patio covers for front yards with vertical supports shall be a minimum often feet (10') from the property line. Patio covers without vertical supports shall be a minimum of three feet (3') from the property line. L. The maximum percent of lot coverage for two story dwellings will be 40 percent of the lot coverage. M. The maximum percent of lot coverage for one story dwellings will be 50 percent of the lot coverage. Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the City of Temecula Development Code. _A detailed noise assessment, evaluating proiect and cumulative noise impacts, shall be provided for Planning Area 24, if it develops with residential land uses, because of its location adiacent to Pala Road, and where such areas lie within a noise environment projected to exceed 65 CNEL. As necessary, the assessment shall describe noise reduction measures to be incorporated into the project to comply with state and local exterior noise standards. The assessment shall be completed to the satisfaction of the City prior to the approval of a tentative subdivision map or development plan. whichew~ is appropriate for the type of development proposed. Specific Plan No. 12 Page 39 of 39 2/14/2o01 ATTACHMENT "4" (Existing Regulations) Listing of Development Impact Fees In addition, the following are existing regulations for the City of Temecula: Temecula Development Code Temecula Municipal Code Temecula General Plan (On file in the office of the City Clerk) EFFECTIVE JULY 10, 2000 NEW CODES U.B.C. 7/1/99 DEVELOPMENT IMPACT FEES FEE PER UNIT RESIDENTIAL ATTACHED RESIDENTIAL DETACHED $2216.01 $3077.03 FEE PER SQ. FT. OFFICE RETAIL COMMERCIAL SERVICE COMMERCIAL BUSINESS PARK/INDUSTRIAL $1.258 $3.480 $1.753 $.848 CITY OF TEMECULA DEVELOPMENT IMPACT FEES CALCULATED W1TH BCI INCREASE AT JULY 10, 2000 COMPONENT Tratf~ Signals and Tmffic Cmtnd syst~m~ Corporate FacITIfieS Protection Park and Recreation TYPE OF LAND USE Re~idord~l Detached Office Businmm Residential Attaohed Re~ Detached Office Retail Commen:ild Set, ca Cemnmc~ BuMnmm Reeident~ Atmched Reskienti;d Detached Offica Retail Se~ca Cmlmem~ Re~dentiai Attached Re~ Detached Of 6ca Ret~l Cemmmci~ Sen~:e Cammem~ BusJne~ Pmk/indust~ Rmdden'dal Att~c,'-,e~ Reeident~ Demohed Office Retail Cammemial Serdca Cemnmreb~ Bur~ Pm'k/l~ Red, clent~ Attached Re~mtial Detached Retail Commemial Bcain~ Pm'k/Indust]~ CURRENT FEES 526.44 751.02 0.921 2.844 1.422 0.674 7g.33 112.29 0.140 0.432 0.216 0.103 121.56 228.71 O.O48 0.119 O.066 0.040 43.27 58.66 0.125 0.023 0.018 0.016 1,245.52 1,659.67 0 0 0 0 160.71 214.28 0 0 0 0 TOTAL DEVELOPMENT Reside~ial Attached 2.176.832 IMPACT FEE PER Rmdden'dal Detached 3,022.633 UNIT Olflca 1.235 Retail CommmciM 3.418 S u, slr'~,,,,,,,s Park/Industrial 0.833 1 ESCALATION BCI ONLY 535.91 764.53 0.938 2.895 1.448 0.686 80.75 114.31 0.143 0.440 0.219 0.105 123.75 232.82 0.049 0.121 0.067 0.04O 44.05 57.68 0.128 0.024 0.019 0.017 1,267.94 1,689.54 163.61 218.14 2.216.01 3,077.03 1.258 3.480 1.753 0.848 NOTE: Fees for residential development am calculated per dwelling unit. Fees fi~' non't'e~dentJal development are calculated per square foot of gross building aree. ATTACHMENT 5 OFF-SITE PALA ROAD CORRIDOR IMPROVEMENTS The Pala Road off-site con'idor improvements associated with the Development Agreement consist of full street improvements for Pala Road, Regional Drainage improvements along Pala Road, traffic signals and a sound attenuation wall. These improvements are more fully described as follows: Roadway Improvements Pala Road from State Route 79 South to Via Gilberto, as a six lane Urban Arterial Highway - 134' R/W, including modification of the SR 79 / Pala Road intersection. Pala Road from Via Gilberto south to Fairview Road, as a four lane Arterial Highway - 110' R/W. Drainage Facilities Channel and drainage facilities and all associated improvements per Riverside County Flood Control and the City of Temecula requirements from Temecula Creek south to Fairview Road consisting of a trapezoidal channel storm drain, 4'x 10'x7' concrete box culvert, grass lined channel along Wolf Creek Specific Plan and roadway box culverts under Loma Linda Road, Wolf Valley Road and the Wolf Creek Interior Loop Roads (North and South). Traffic Signals & Interconnect Systems · Modification SR 79 / Pala Road · Modification Pala Road / Rainbow Canyon Road · Pala Road and Loma Linda Road · Pala Road and Wolf Valley Road · Pala Road and Interior Loop Road (North) · Pa]a Road and Clubhouse Drive · Pala Road and Muirfield Drive · Pala Road and Interior Loop Road (South) · Pala Road and Fairview Road Sound Attenuation Wall Planning, design and construction of a sound attenuation wall along the west side of Pala Road from Wolf Valley Road north to 500 feet south of Club House Drive. The work associated with the above roadway, drainage, signal and sound wall improvements includes but is not limited to design, right-of-way acquisition, removal of exist pavement, concrete, storm drains, fences concrete channels, grading, installation of street improvements including paving, curb and gutter, sidewalk, street lights, drainage facilities, reconstruction of and connection to adjacent cross streets, signing and striping, traffic control, construction staging, temporary signals, utility relocations, environmental mitigation, landscaping & irriaation, pale ontological and archaeological monitoring, erosion control, construction of various utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median, soils stabilization, and control dust. '.3,. Z INTERIOR LOOP ROAD ~m TABLE OF CONTENTS Page 1. .Definitions ................................................................................................................. 3 1.1. Authorizing Ordinance .................................................................... : ............... 3 1.2. CITY .................................................................................................................. 3 1.3. City Council ...................................................................................................... 3 1.4. Development ..................................................................................................... 3 1.5. Development Agreement Legislation ......... ] ................................................... 4 1.6. Development Fees ............................................................................................. 4 1.8 Development Plan ............................................................................................ 4 1.9 Effective Date .................................................................................................... 4 1.10 End User ........................................................................................................... 4 1.11 Existin~ Regulations ........................................................................................ 4 1.12 Future Development Approvals ...................................................................... 4 1.13 Non-end User .................................................................................................... 5 1.14 Off-site Improvements ..................................................................................... 5 1.15 On-site Improvements ..................................................................................... 5 1.16 OWNER ............................................................................................................ 5 1.17 Planning Commission ...................................................................................... 5 1.18 Proiect ............................................................................................................... 5 1.19 Proiect Approval .............................................................................................. 5 1.20 Specific Plan ..................................................................................................... 5 2. General Provisions ................................................................................................... 6 2.1. Binding Covenants ........................................................................................... 6 2.2. Interest of OWNER ......................................................................................... 6 2.3. Term .................................................................................................................. 6 2.4. Termination ...................................................................................................... 6 2.5. Transfers and Assignments ............................................................................. 7 2.5.1. Right to Transfer or Assign to End User ............................................... 7 2.5.2. Right to Assign to Non-End User ........................................................... 7' 2.5.3. Rights and Duties of Successors and Assigns ........................................ 7 2.6. Amendment of Development Agreement ....................................................... 7 2.6.1. Initiation of Amendment ......................................................................... 8 2.6.2. Procedure ......................................... ~ ........................................................ 8 2.6.3. Consent ...................................................................................................... 8 2.6.4. Operating Memoranda ............................................................................ 8 3. Description of Development .................................................................................... 8 3.1. Development and Control of Development .................................................... 9 3.1.1. Proiect ....................................................................................................... 9 3.1.2. Timing of Development. A.) Except as set forth in the Development Plan and in Section 3.1.2B below, r .................................................................... ; ...... 9 3.1.3. Entitlements, Permits and Approvals - Cooperation ............................9 184051~6 2000.001/DRAFT 02601 39 e 3.2. Rules, Regulations and Official Policies ...................................................... 10 3.3. Reserved Authority ........................................................................................ 10 3.3.1. Uniform Codes ....................................................................................... 10 3.3.2. State and Federal Laws and Regulations ............................................ 10 3.3.3. Regulation for Health and Safety. ........................................................ 11 3.4. Vested Right ................................................................................................... 11 3.4.1. No Conflicting Enactments ................................................................... 11 3.4.2. Consistent Enactments .......................................................................... 11 3.4.3. Initiative Measures ................................................................................. 12 3.4.4. Consistency Between This Agreement and Current Laws ................. 12 3.5. Future Amendments to Development Plan .................................................. 12 3.5.1. Owner's Written Consent ............... '. ..................................................... 12 3.5.2. Concurrent Development Agreement Amendment ............................ 12 3.5.3. Effect of Amendment ............................................................................. 12 Obligations of the Parties .............................................. ' ........................................ 13 4.1. Benefits to CITY ............................................................................................ 13 4.1.1. Growth Management .................................... : ........................................ 13 4.1.2. Traffic and Circulation .......................................................................... 13 4.1.3. Schools ..................................................................................................... 13 4.1.4. Parks and Recreation ............................................................................ 13 4.1.5. No Habitat Impact ................................................................................ 13 4.2. Development Fees ........................................................................................... 13 4.2.1. Fee Rates ................................................................................................. 13 The presently adopted Development Impact Fees, as defined in Section 1.7 herein, and currently charged by the CITY shall be imposed upon Development within the jurisdiction of this Agreement at the rate in effect as of the Effective Date ............ 13 4.2.3 Fees for Public Art, Open Space and Habitat Preservation .............. 14 Regardless of whether the CITY enacts, adopts, or imposes on or after the Effective Date any fees of any kind or description with respect to art in public places or to preservation of open space, OWNER agrees to pay the CITY the sum of Two Hun&ed Dollars ($200) per individual residential dwelling unit, which funds the CITY shall use, in its discretion, in connection with art in public places,. ..............14 4.2.4 TUMF Fees. The CITY and OWNER acknowledge that a Traffic ....... 14 Uniform Mitigation Fee (the "TUMF") program is currently being considered and that no such TUMF has been adopted by the County of Riverside or by the CITY. To the extent a TUMF is adopted by the CITY[ the CITY and OWNER agree that OWNER's obligations under TUMF shall be deemed satisfied through: (i) OWNER's or the Property's participation in and payment of prior assessments assessed under Assessment District 159; (ii) any future assessments or assessment liens paid by OWNER or the Property assessed under Assessment District 159; (iii) all Off-site Improvements to be constructed or financed by OWNER under this Agreement; (iv) OWNER's participation in the CFD provided for in Section 4.6 of this Agreement or in any other financing mechanism mutually agreed upon by the CITY and OWNER; (v) OWNER's agreement to dedicate to the C1TY and/or a 184051/6 200000I/DRAFT 02601 40 district such rights of way as may be required for Off-site Improvements including, but not limited to, drainage and roadway facilities, including, Pala Road, Deer Hollow Road, Wolf Valley Road, and Loma Linda Road; and (vi) OWNER's agreement to waive any right of or claim for reimbursement from the TUMF program with respect to the payment of such assessments, the construction of such improvements, and/or the dedication of such rights of way .................................... 14 4.2.5 Credit for Development Impact Fees ................................................... 15 4.3. Dedications and Exactions ............................................................................ 16 4.4. Future Development Approvals will be ........................................................... 16 reviewed in a manner consistent with the general review procedures of the CITY accorded the particular type of Future Development Approval being sought and necessary conditions imposed in a manner consistent with this Agreement. Notwithstanding anything to the contrary, the health, safety and general welfare based mitio, ation measures arising from the future Development Approvals shall not be limited by this Agreement ............................................................................................ 16 4.4. Related Real Property Conveyances; Conditions to Development Agreement ................................................................................................................... 16 4.4.1. lntent of the Parties ............................................................................... 16 4.4.2. Fire Station and Civic Use Sites ............................................................ 17 4.4.3. Parks ........................................................................................................ 18 4.4.4. Quimby Credits. Upon improvement, actual conveyance to and acceptance by CITY of the parkland referenced above the CITY hereby agrees to credit OWNER's obligations of 28.23 acres under CITY's subdivision/Quimby parkland acreage requirements as satisfied and CITY shall not exact any further contribution from OWNER ...................................................................................... 20 4.4.5 Liens, Encumbrances and Environmental Conditions ....................... 20 4.5. Additional Public Improvements/Performance Standard ......................... 20 4.5,1. Temporary Fire Statiom-in the event OWNER desires to obtain building permits for any improvements outside of Planning Area 1 through 6 of the Specific Plan prior to the completion of the permanent fire station, then OWNER shall, prior to the issuance of the building permits in Planning Areas 7 through 24 of the Specific Plan, at its own sole cost and expense complete the following: ................ 20 (i) Obtain the Fire Chief's approval of(a) the site selected for a ......................... 21 temporary station and (b) the scope of improvements, on and offsite for the 21 temporary station; ............................................. : ...................................................... 4.6. Offsite Improvement Funding .................................................................. 22 4.7. Entitlements .................................................................................................... 22 4.7.1 Tentative Tract Map .............................................................................. 22 4.7.2 Lot Line Adjustments ............................................................................ 22 4.8 Use Restrictions. OWNER agrees to place such restrictions, prohibitions, etc. as are reasonably necessary on the title to the real property located in Planning Areas 12 and 13 such that an anchor tenant or End User in one such Planning Area cannot restrict, prohibit, or otherwise limit the land use by a tenant or End User in the other such Planning Area ...................................................................................................... 22 2000.O011DRAFT 02601 41 5. Further Assurances to OWNER Regarding Exercise of Reserved Authority. 23 5.1. Adoption of General Plan and Granting of Other Project Approvals ...... 23 5.2. Assurances to OWNER ................................................................................. 23 5.3. Judicial Review. ................................................................................ : ............. 23 _ 23 6. Indemnification .............................................................................................. 7. Relations_R~_~hi of Parties ........................................................................................... 24 8. Amendment or Cancellation of Agreement ......................................................... 24 9. Periodic Review of Compliance with Agreement ................................................ 24 9.1. Periodic Review. ............................................................................................. 2244 9.2. Good Faith Compliance ................................................................................. 9.3. Failure to Conduct Annual Review .............................................................. 25 9.4. , Initiation of Review by City Council ............................................................ 25 9.5. Administration of Agreement ....................................................................... 25 9.6. Availability of Documents ............................................................................. 25 10. Events of Default: Remedies and Termination .............................................. 25 10.1. Defaults by Owner ..................................................................................... 25 10.2. Defaults by CITY ....................................................................................... 26 10.3. Specific Performance Remedy .................................................................. 26 10.4. Institution of Legal Action ........................................................................ 27 10.5. Est~l Certificates .................................................................................. 27 11. Waivers and Delavs ............................................................................................ 27 11.1. No Waiver ................................................................................................... 27 11.2. Third Parties ............................................................................................... 28 11.3. Force Majeure ............................................................................................ 28 11.4. Extensions ................................................................................................... 28 11.4.1. ~n ................................................................................................. 28 11.4.2. Government Agencies ............................................................................ 28 11.5. Notice of Delay ...................... : ..................................................................... 28 12. Notices ................................................................................................................. 28 ~ 29 13. Attorneys ~ees ................................................................................................... 14. Recording ............................................................................................................ 29 15. Effect of Agreement on Title ............................................................................. 30 15.1. Effect on Title ............................................................................................. 30 15.2. Encumbrances and Lenders' Rights ........................................................ 30 16. Severabilitv of Terms ......................................................................................... 31 17. Subsequent Amendment to Authorizing Statute ............................................ 31 18. Rules of Construction and Miscellaneous Terms ............................................ 31 18.1. Interpretation and Governing Law .......................................................... 31 18.2. Section Headings ........................................................................................ 31 18.3. Gender. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive .................................................. 31 18.4. No Joint and Several Liability. ....................................................... ~": ...... 31 18.5. Time of Essence .......................................................................................... 31 18.6. Recitals ........................................................................................................ 32 2ooo.oo~/D~rr o26o~ 42 18.7. ~reement ....................................................................................... 32 19. Extension of Maps .............................................................................................. 32 20. Not for Benefit of Third Parties ........................................................................ 32 43