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HomeMy WebLinkAbout120303 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to1 participate in this meeting, please contact the office of the City Clerk (909) 694-6~.~.~..~ Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements~ to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] J CALL TO ORDER Flag Salute: Roll Call: PUBLIC COMMENTS AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE DECEMBER 3, 2003 - 6:00 P.M. Next in Order: Resolution: No. 2003-062 Chairperson Chiniaeff Guerriero, Mathewson, Olhasso, Telesio and Chiniaeff A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. if you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three (3) minute time limit for individual speakers. CONSENT CALENDAR NOTICETO THEPUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. 1 A,qenda RECOMMENDATION: 1.1 Approve the Agenda of December 3, 2003 R:\PLAN COM M',Agendas~003~l 2-03-03.doc 1 COMMISSION BUSINESS PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard In support of or In opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects In court, you may be limited to raising only those issues you or someone else raised at the public hearing or In written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. New Items 2 Plannin.q Application No. PA03-0565 A Development A.qreement between the City of Temecula and North Plaza LLC for Service Commemially desi,qnated property located south of the existin,q auto mall. The proiect will ensure the future expansion of the auto mall and provide the City with the ri.qht-of-wa¥ for the extension of Rancho Way, Dave Ho.qan, Principal Planner RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A NEGATIVE DECLARATION FOR A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND NORTH PLAZA, LLC REGARDING THE AUTO MALL PROPERTIES, AND RECOMMENDING THAT THE CITY COUNCIL APPROVE THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND NORTH PLAZA, LLC REGARDING THE AUTO MALL PROPERTIES (PLANNING APPLICATION NO. PA03-0565) Plannin.q Application No. PA03-0434 Product Review of a 67-1ot sin.qle-family residential subdivision (Lake Front Cottaqes, Phase 2 of the Harveston Specific Plan Plannin.q Area 3) located in Tract 30669-2, south of Harveston Lake, east of Loop Road and west of Paseo Park Trail, Sheila Powers, Associate Planner RECOMMENDATION: R:\PLANCOMM~Agendas~003\12-03-03.doc 2 4 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0434 PRODUCT REVIEW OF A 67-LOT SINGLE- FAMILY RESIDENTIAL SUBDIVISION (LAKE FRONT COTTAGES, PHASE 2 OF THE HARVESTON SPECIFIC PLAN PLANNING AREA 3). Plannin.q Application No. PA03-0432, PA03-0433, PA03-0435, and PA03-0436 Four product reviews within the Harveston Specific Plan [{Tracts 30668; 30668-1, 30669-1 (Samsota); 30667, 30667-2 {Chatham); 30667-1, 30667-3 {St. Auqustine); 30668-2, & 30669-2 (Auburn Ln.)] ,qenerally located south of Harveston Lake, north of Loop Rd. and east of Loop Road, Sheila Powers, Associate Planner RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0432 PRODUCT REVIEW OF A 109-LOT SINGLE- FAMILY RESIDENTIAL SUBDIVISION (SARASOTA, PHASE 2 OF THE HARVESTON SPECIFIC PLAN PLANNING AREA 2). 4.2 Adopt a resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0433 PRODUCT REVIEW OF A 78-LOT SINGLE- FAMILY RESIDENTIAL SUBDIVISION (CHATHAM, PHASE 2 OF THE HARVESTON SPECIFIC PLAN PLANNING AREA 1). 4.3 Adopt a resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0435 PRODUCT REVIEW OF A 93-LOT SINGLE- FAMILY RESIDENTIAL SUBDIVISION (ST. AUGUSTINE, PHASE 2 OF THE HARVESTON SPECIFIC PLAN PLANNING AREA 1) R:\PLANCOMIVI~Agendas~2003\I 2-03-03.doc 3 4.4 Adopt a resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0436 PRODUCT REVIEW OF A 119-LOT SINGLE- FAMILY RESIDENTIAL SUBDIVISION (AUBURN LN. PHASE 2 OF THE HARVESTON SPECIFIC PLAN PLANNING AREA 2). COMMISSIONER'S REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next regular meeting: Council Chambers 43200 Business Park Drive Temecula, CA 92590 December 17, 2003 R:~PLANCOMM'~Agendas~003\I 2-03-03.doc' 4 ITEM #2 / Date of Meeting: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION December 3, 2003 Prepared by: David Hogan Title: Principal Planner File Number PA03-0565 Application Type: Development Agreement Project Description: A Development Agreement between the City of Temecula and North Plaza LLC for Service Commercially designated property located south of the existing auto mall. The project will ensure the future expansion of the auto mall and provide the City with the right-of-way for the extension of Rancho Way. Recommendation: (Check One) [] Approval with Conditions [] Deny [] Continue for Redesign [] Continue to: [] Recommend Approval [] Recommend Denial CEQA: (Check One) [] Categorically Exempt (Class) [] Negative Declaration [] Mitigated Negative Declaration with Monitoring Plan [] EIR R:~D A~Auto Mail. taft Rerport PC.doc PROJECT DATA SUMMARY: Applicant: Completion Date: City of Temecula Not Applicable Mandatory Action Deadline Date: Not Applicable General Plan Designation: Service Commemial · Zoning Designation: Service Commemial Site/Surrounding Land Use: Site: Vacant North: Auto Mall South: Commercial East: Commemial and Vacant West: interstate 15 Lot Area: Total Floor Area/Ratio Landscape Area/Coverage Parking Required/Provided Not Applicable Not Applicable Not Applicable Not Applicable BACKGROUND SUMMARY: The project consists of a Development Agreement between the City of Temecula and North Plaza LLC to ensure the future expansion of the Temecula Auto Mall along Ynez Road and provide the right-of-way for the extension of Rancho Way. Rancho Way is a General Plan level roadway that will connect Diaz and Margarita Roads. This General Plan roadway will parallel Rancho California Road providing a route for local traffic to cross Interstate 15. The specific deal points for this Development Agreement are described below. In this proposed Development Agreement the Owner agrees to do the following: To limit development north of the Empire Creek channel (including for the parcel at the southwest corner of Rancho Way and Ynez Road) to automobile sales-related uses consistent with the Service Commercial Zone. R:'0D A~Auto MalI~Staff Rerport PC.doc 2 To install the necessary stream channel improvements that are needed for the future development of these sites. (Improvements not needed to develop these properties and related to the future construction of Rancho Way will be the responsibility of the City of Temecula.) To pay Development Impact Fee (DIF) and Transportation Uniform Mitigation Fee as development occurs. A DIF credit for medians is authorized for any median improvements completed as well as for the future Rancho Way traffic signal. 4. To install all onsite improvements and traffic signals. 5. To dedicate right-of-way for Rancho Way and Empire Creek. 6. To process and record a lot line adjustment. In this proposed development agreement the City of Temecula agrees to do the following: 1. To freeze the DIF at current (July, 2003) levels until July 1, 2006. To void the existing Subdivision Improvement Agreement. (The infrastructure improvements required by the subdivision agreement are being addressed through the provisions of the Development Agreement.) 3. City will do any additional improvements to the Empire Creek channel, if necessary, for the construction of Rancho Way. A copy of the draft Development Agreement is contained in Attachment No. 2. ANALYSIS Staff has reviewed the adopted General Plan and has determined that the proposed Agreement is consistent with the General Plan. Specifically the proposed Agreement implements the Circulation and Economic Development Elements through the dedication of the right-of-way for the extension of Rancho Way and the continued expansion of the auto mall that generates sales tax revenues for the City. ENVIRONMENTAL DETERMINATION An Initial Environmental Study (lES) checklist was prepared for this project. Based upon the analysis contained in the checklist, a Negative Declaration was prepared. The project is very general in nature does not approve specific development that is not already allowable by the General Plan, Development Code, and approved Parcel Map 23496. When specific development proposals are submitted, the detailed projects will receive appropriate environmental review. The lES and Notice of Intent to Adopt a Negative Declaration was circulated for public review between November 20 and December 16, 2003. A copy of the Initial Study Checklist is contained in Attachment No. 3. As a result, staff is recommending that a Negative Declaration be adopted for this project. R:~D A~Auto Mail, Staff Rexport PC.doc 3 CONCLUSION/RECOMMENDATION: The proposed Development Agreement will enable the expansion of the Temecula Auto Mall. Staff has prepared an Initial Study, which indicated that the project will have no impacts on the environment. As a result, staff recommends that the Planning Commission recommend that the City Council adopt an ordinance approving the Negative Declaration and the proposed Development Agreement with North Plaza LLC. FINDINGS The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula General Plan in that the Development Agreement makes reasonable provision for the use of certain real property for commercial development; and, The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for the zoning district in which the Property subject to the Development Agreement is located, and that this Development Agreement is consistent with good planning practices by providing for the opportunity to develop the Property consistent with the General Plan; and, The Development Agreement is in conformity with the public convenience, general welfare, and good land use practice and makes reasonable provision for a balance of land uses compatible with the remainder of the City; and; The Development Agreement will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof. ATTACHMENTS PC Resolution 2003- of Approval - Blue Page 5 Draft Development Agreement - Blue Page 9 Initial Study- Blue Page 10 R:~D A~Auto Mail, Staff Rc~ort PC.doc 4 ATI'ACHMENT NO. 1 PC RESOLUTION NO. 2003- R:'~D AkAuto MallXStaff Rc'apofi PC.doc 5 PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A NEGATIVE DECLARATION FOR A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND NORTH PLAZA, LLC REGARDING THE AUTO MALL PROPERTIES, AND RECOMMENDING THAT THE CITY COUNCIL APPROVE THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND NORTH PLAZA, LLC REGARDING THE AUTO MALL PROPERTIES (PLANNING APPLICATION NO. PA03-0565) THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural History. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 18, 1990, the City Council approved Parcel Map No. 23496 for the subdivision of 42 acres of property for commercial purposes, which property is generally located on the west side of Ynez Road, north of the Empire Creek Channel, and south of the existing auto mall (the "Property"). Parcel Map No. 23496 was subsequently recorded on December 21, 2003. The conditions of approval for Parcel Map No. 23496 require the construction of certain on-site and off-site public improvements on the Property. On August 13, 1996, North Plaza, LLC ("Owner") entered into a revised Subdivision Improvement Agreement with the City and the City accepted substitute surety bonds for the completion of the improvements. B. In accordance with the procedures specified in City Resolution 91-52 and the Development Code, Owner filed Planning Application No. 03-0565 with the City for approval of a development agreement regarding the Property ("Development Agreement"). C. Government Code Section 65864 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 economic costs of development; and provide for economic assistance to Owner for the entitlements authorizing development related improvements. D. On December 3, 2003, the Planning Commission held a duly noticed public hearing to consider the Negative Declaration regarding the Development Agreement and the proposed Development Agreement. Section 2. Environmental Findinqs. The Planning Commission makes the following environmental findings and determinations in connection with the Project: R:',D A~Auto MallXStaff Rerport PC.doc 6 A. Pursuant to California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the approval of the Development Agreement (the "Project"). Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on November 20, 2003 and expired on December 16, 2003. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 43200 Business Park Drive, Temecula, California 92589. C. The Planning Commission has reviewed the Negative Declaration and all comments received prior to and at the December 3, 2003 public hearing regarding the Negative Declaration. The Project and the Negative Declaration were considered at the duly noticed public hearing scheduled for the Project. D. The Planning Commission has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the December 3, 2003 public hearing, and based on the whole record before it, finds that: (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Section 3. Findings. The Planning Commission further finds, determines and declares that: A. In consideration of the substantial public improvements and benefits to be provided by Owner and the Project, and in order to strengthen the public financing and planning process and reduce the economic costs of development, the City intends, by way of the Development Agreement, to give assurance to the Owner 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, 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 implements the goals and policies of the City's General Plan, provides balanced and diversified land uses, and imposes 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 studied and reviewed of the potential impacts of the Project as well as the various potential benefits to the City by the development of the Project and concludes that the Project is in the best interests of the City 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 constitutes a present valid exemise 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 Resolution have occurred. Section 4. Based on the findings set forth in Section 2 of this Resolution, the Planning Commission hereby recommends that the City Council adopt the Negative Declaration prepared for the Project. Section 5. Based on the findings set forth in Section 3 of this Resolution, the Planning Commission hereby recommends that the City Council approve the Development Agreement substantially in the form contained in Attachment "A," attached hereto and incorporated herein by this reference as though set forth in full. Section 6. The Secretary of the Planning Commission shall cause this Resolution City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. PASSED, APPROVED AND ADOPTED this 3rd day of December 2003. Dennis Chinieaff, Chairperson Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the PC Resolution No. 2003- was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 3rd day of December, 2003 by the following vote of the Commission: AYES: 0 PLANNING COMMISSIONERS: NOES: 0 PLANNING COMMISSIONERS: ABSENT: 0 PLANNING COMMISSIONERS: ABSTAIN: 0 PLANNING COMMISSIONERS: R:kD AXAuto MallXStaff Rerport PC.doc 8 ATI'ACHMENT 2 DRAFT DEVELOPMENT AGREEMENT RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attn: City Clerk Exempt from recording fees pursuant to Govt. Code Section 27383 (Space above for recorder's use) DEVELOPMENT AGREEMENT AUTO MALL PROPERTIES THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of ,2003 ("Agreement Date"), by and between NORTH PLAZA, LLC, a California limited liability company (hereinafter "OWNER"), and the CITY OF TEMECULA, a municipal corporation, organized and existing under the'iaws 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. 744368.8 November 21, 2003 - 1 - 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 development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with defined policies, roles 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 economic costs of development; and provide for economic assistance to OWNER for the entitlements authorizing development related improvements. C. OWNER is the OWNER of certain mai property within the CITY of Temecula, the County of Riverside, State of California (the "Property"), as more particularly described in Exhibit "A" attached hereto and made a part hereof. The Property is approximately forty-two (42) acres. Exhibit A shows the current parcels on the Property as well as the proposed parcels for the Property. 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. D. On December 18, 1990, the CITY Council of the City of Temecula approved Parcel Map No. 23496, which was recorded on December 21, 1990. The conditions of approval for Parcel Map 23496 require the construction of certain on-site and off-site public improvements. On August 13, 1996, the OWNER entered into a revised Subdivision Improvement Agreement and the City accepted substitute surety bonds for the completion of the Improvements. E 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 provide for the development of the Property in accordance with the best interests of the City. F. The following actions were taken with respect to this Agreement and the Project: 1. On , 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 Negative Declaration 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; 744368.8 November 21, 2003 - 2 - 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 City Clerk's Office at the CITY, and adopted the findings and conditions pertaining thereto, including those relating to the environmental documentation for the Project. G. 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 the CITY. As part of the process of granting this entitlement, the CITY Council of the CITY (hereinafter the "CITY Council") has required the preparation of an environmental review and has approved the Negative Declaration as regards the Development and has otherwise carded out all requirements of the California Environmental Quality Act ("CEQA") of 1970, as amended. H. In consideration of the public improvements and beneficial uses of the Property to be provided by OWNER for the City and the Project and in order to strengthen the planning process for this unique project 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 C1TY'S General Plan, ordinances, policies, roles and regulations as provided in this of this Agreement. 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. I. 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, 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 Government Code Section 65867 of the Development Agreement Legislation. 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: 744368.8 November 21, 2003 - 3 - 1. Definitions. The following words and phrases are used as defined terms throughout this Development Agreement and each defined term shall have the meaning set forth below. 1.1. Authorizing Ordinance. The "Authorizing Ordinance" means Ordinance No. 03- 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 this Agreement, including, without limitation: grading, the construction of 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 Legislation. The "Development Agreement Legislation" means Sections 65864 through 65869.5 of the California Government Code as it exists on the Effective Date. 1.6. Effective Date. "Effective Date" means the date the Authorizing Ordinance becomes effective. 1.7. Future Development Approvals. "Future Development Approvals" means those entitlements and approvals contemplated, necessary, and requested by the CITY or OWNER to cause development to occur upon the Property after the Effective Date. 1.8. Off-site Improvements. "Off-site Improvements" means the improvements set forth on Exhibit E as more specifically described in Section 3.1.2.12 of this Agreement. 1.9.On-site Improvements. "On-site Improvements" means physical infrastructure improvements or facilities that are or will be located on the Property as described in Section 3.1.2.11 of this Agreement. Certain On-site Improvements may be specifically addressed in this Agreement, which are identified on Exhibit C. All others will be dependent upon the development of the Property and the requirements of Future Development Approvals. 1.10. OWNER. "OWNER" is initially NORTH PLAZA, 1 J.C, a California limited liability company, and all successors in interest, in whole or part, to this entity. 1.11. Street and Right-of-Way Improvements. "Street and Right-of-Way Improvements" shall mean, and include, but not limited to, all required pavement, base, curb, 744368.8 November 21, 2003 - 4 - gutter, sidewalk, street lights, irrigation, landscaping, fire hydrants, utilities, and all other routinely required improvements within public rights-of-way. 1.12. Transferee. The person to whom the OWNER sells, assigns or otherwise transfers all or any portion of OWNER'S interests in the Property together with all its right, title and interest in this Agreement, or the portion thereof which is subject to transferred portion of the Property in accordance with Section 2.5 of this Agreement. 2. General Provisions. 2.1. Binding 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 65865(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 Effective Date of this Agreement and shall terminate at 11:59 p.m. of the day preceding the tenth (10th) anniversary of the commencement of the Term, subject to specific extensions, revisions, and termination provisions of this Agreement. 2.4. Termination. This Agreement may be terminated by either party upon notice to the other 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 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. 2.4.3 The lapse of the Term as set forth in Section 2.3. 2.4.4 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. 2.5. Transfers and Assignments. 2.5.1. OWNER shall not sell, assign or otherwise transfer all or any portion of 744368.8 November 21, 2003 its interests in the Property together with ail its right, title and interest in this Agreement, or the portion thereof which is subject to transferred portion of the Property (the "Transferred Property"), to any person ('~rransferee") during the Term of this Agreement unless the CITY has approved the transfer prior to its completion. CITY shail not unreasonably withhold consent to the transfer provided that: (1) The Transferee has specifically assumed in writing the obligations, or a portion of the obligations of the Owner, to design, construct, install and finally complete the On-Site and Off-Site Public Improvements for the Property; (2) the Transferee has the experience and financiai capacity to complete the On-Site and Off-Site Public Improvements, or a portion thereof required by this Agreement and the Future Approvals; (3) the proposed Transferee has duly approved and signed replacement Subdivision Agreements for the On-Site and Off-Site Public Improvements; and (4) the proposed Transferee has obtained replacement bonds, accepted by the CITY for the On-Site and Off-Site Public Improvements for which it will be responsible. In the event of any sale, assignment, or other transfer pursuant to this Section 2.5, (i) OWNER shall notify the CITY within twenty (20) days prior to the transfer of the name of the transferee, together with the corresponding entitlements being transferred to such transferee and (ii) the agreement between OWNER and transferee pertaining to such transfer shall provide that the transferee shail be liable for the performance of those obligations of OWNER under this Agreement which relate to the Transferred Property, if any, or shall confirm that the OWNER shall remain liable for the On-Site and Off-Site Improvements. 2.5.2. Rights and Duties of Successors and Assigns. Any, each and all and assigns of OWNER shail have ail of the same rights, benefits, duties and obligations of OWNER under this Agreement. 2.6. Amendment of Development Agreement. 2.6.1. Initiation of Amendment. Any party may propose an amendment to this Agreement and both parties 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. 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 shail 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 shail be effective unless set forth in writing and signed by duly authorized representatives of each of the parties. 2.6.4. Operating 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 744368.8 November 21, 2003 - 6 ~ find that changes, adjustments, or clarifications are appropriate to further the intended purposes of this Agreement, and such are not inconsistent 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 this Agreement, no such changes, adjustments, or clarifications shall require prior notice or hearing, public or otherwise. 3. Development of the Property. 3.1.Development and Control of Development. 3.1.1. Development of the Property. While this Agreement is in effect, OWNER shall have the vested right to develop the Property pursuant to and in accordance with the Applicable Regulations pursuant to this Agreement, including, without limitation, specific uses, densities, and types of development provided for in the Applicable Regulations, and the CITY shall have the right to control the Development in accordance with the terms and conditions of this Agreement and all Applicable Regulations. Except as otherwise specified in this Agreement, the Applicable 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 Applicable Regulations. The regulations applicable to the development of the Property shall consist of the following requirements ("Applicable Regulations"): 3.1.2.1 Parcels A, B,C, D, E, F, G, H and I. Proposed Parcels A, B, C, D, E, F, G, H and I, as designated on Exhibit A to this Agreement as the "Proposed Parcels," shall be developed for uses limited to the sale of new motor vehicles along with the ancillary uses of (1) servicing and repair of motor vehicles and (2) sales of pre-owned motor vehicles and motor vehicle parts. Notwithstanding the provisions of Chapter 17.08 of the Temecula Municipal Code, no other uses shall be allowed on Proposed Parcels A, B, C, D, E, F, G, H and I, unless otherwise approved by this Agreement. In addition to motor vehicle sales uses described in this sub paragraph, such parcels shall be subject to the requirements for the Service Commercial Zone as set forth in Chapter 17.08 of the Temecula Municipal Code as said Code exists on the date the application for approval of a development on a parcel of the Property is deemed complete by the City. 3.1.2.1.1 Upon the effective date of this Agreement, new motor vehicles may be stored on Proposed Parcels D and E and a portion of Proposed Parcel A provided that: (1) the new motor vehicles stored there are for ultimate sale by a new motor vehicle dealership located within the City of Temecula, (2) all applicable permits are obtained, and (3) all applicable 744368.8 November 21, 2003 - 7 - development standards of the City for vehicle parking areas are fulfilled. The portion of Proposed Parcel A on which motor vehicles may be stored is that portion which is used by the adjacent motor vehicle dealer existing on the effective date of this Agreement. 3.1.2.2 Proposed Parcel J, K and L on Property. Proposed Parcel J (shown on Exhibit A) shall only be developed for the uses allowed by the "Service Commercial Zone." Those portions of the Proposed Parcels K and L laying south of the proposed Rancho Way shall only be developed for uses allowed by the Community Commercial zone. Each area shall be subject to the requirements of said zones as set forth in Chapter 17.08 of the Temecula Municipal Code as said Code exists on the date the application for approval of a development on a parcel of the Property is deemed complete by the City. 3.1.2.3 Uniform Building Codes. Development of the Property shall be subject to such uniform building codes and the tim codes as may be adopted by the CITY pumuant to Chapter 15.04 and 15.16, in effect as of the date of the approval of the building permit. 3.1.2.4 Parcel Map. Except as provided in this Agreement, OWNER shall develop the Property in accordance with the requirements of Parcel Map No. 23496, recorded in the Official Records of Riverside County on December 21, 1990. 3.1.2.5 General Development Regulations. Except as otherwise specified in this Agreement the ordinances, roles, 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 those ordinances roles, regulations and official policies as they exist on the date the application for approval of a development on a parcel of the Property is deemed complete by the City. OWNER acknowledges and agrees that CITY may develop and implement specific design regulations for signage, landscaping and other physical requirements unique to automobile dealerships which will be applied to development on the Property. 3.1.2.5. Subsequent Approvals. 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 and such other standards, terms and conditions contained in this Agreement. 3.1.2.7. Development Impact Fees. The presently adopted Development Impact Fees ("DllW'), as defined in Chapter 15.04 of the Temecula Municipal Code, and the rates of the DIF as set forth in Resolution No. , shall be the D1F to be imposed and the DIF rates to be imposed upon parcels within the Property 744368.8 November 21,2003 - 8 - which are developed for the sale of new vehicles for which a building permit is issued prior to July 1, 2006. The DIF and the DIF rates shall apply only to the City's development impact fees and not to the TUMF fees described in Section 3.1.2.8of this Agreement, the proposed Multi-Species Habitat Conservation Fee, the K-Rat fees or to any other development impact fees imposed by another governmental agency. Developer shall be entitled to such credits as might be available pursuant to the terms of Chapter 15.04 or other provisions of this Agreement. 3.1.2.8. TUMF Fees. The presently adopted Transportation Uniform Mitigation Fee, as defined in Chapter 15.08 of the Temecula Municipal Code shall be imposed upon development within the Property at the rate in effect as of the date of issuance of each building permit for the Property. Developer shall be entitled to such credits as might be available pursuant to the terms of Chapter 15.08. 3.1.2.9. Future Development Fees. Any fees adopted by the CITY, as defined in Government Code Section 66000(b), shall be applied to development on the Property in such amount as is in effect at the time of issuance of building permits for the property. 3.1.2.10. 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. 3.1.2.11. On-Site Public Improvements. OWNER shall, at its sole cost and expense, design, construct, install, and finally complete the on-site public improvements described on Exhibit C ("On-Site Public Improvements"). The design, construction, installation and final completion of the on-site public improvements shall be pursuant to the requirements set forth in the "CITY of Temecula Subdivision Improvement Agreement (On-Site and Off-Site Improvements)" set forth in Exhibit D. Except as otherwise provided in this Agreement, the On-Site Public Improvements shall be completed within twelve (12) months following the Effective Date. North Plaza Drive shall be completed prior to the issuance of the first Certificate of Occupancy for a building on Proposed Parcels A, E, F, or G. Park Plaza Lane shall be completed prior to the issuance of the first Certificate of Occupancy for a building on Proposed Parcels B, C, or D. The City Manager may extend the time for completion of the On-Site Public Improvements. Exhibit D sets forth the standard conditions and terms of the City's Subdivision Improvement Agreement which are approved as part of this Development Agreement. The parties agree negotiate in good faith estimated construction costs of the On-Site Subdivision Improvements described in Exhibit C and the Off-Site Subdivision Improvements described in Exhibit E. The City Council shall formally approve the revised Subdivision Improvement Agreement (On-Site and Off-Site Improvements) with the agreed upon cost estimates and accept the bonds for such improvements. 744368.8 November 21, 2003 - 9 - 3.1.2.12. Off-Site Public Improvements. OWNER shall, at its sole cost and expense, design, construct, install, and finally complete the off-site public improvements described on Exhibit E ("Off-Site Public Improvements"). The design, construction, installation and final completion of the off-site public improvements shall be pursuant to the requirements set forth in the "CITY of Temecula Subdivision Improvement Agreement (On-Site and Off-Site Improvements)" set forth in Exhibit D. Except as otherwise provided in this paragraph, the Off-Site Public Improvements shall be completed within twelve (12) months following the Effective Date. The traffic signal at the intersection of Ynez Road and North Plaza Drive, adjacent to Proposed Parcel F, as shown on Exhibit E, shall be constructed and installed prior to the first Certificate of Occupancy for the Property, unless otherwise deferred in writing by the Director of Public Works. The City shall contribute the sum of forty-five thousand dollars ($45,000.00) for the construction of the signal adjacent to Proposed Parcel F. A building permit for Proposed Parcels J and K shall not be issued until such time as the raised landscaped median for Ynez Road is completed and the right of way for the Rancho Way and the Empire Creek Box Culvert is conveyed to the City. The City Manager may extend the time for completion of the Off-Site Public Improvements. Exhibit D sets forth the standard conditions and terms of the City's Subdivision Improvement Agreement which are approved as part of this Development Agreement. The parties agree negotiate in good faith estimated construction costs of the On-Site Subdivision Improvements described in Exhibit C and the Off-Site Subdivision Improvements described in Exhibit E. The City Council shall formally approve the revised Subdivision Improvement Agreement (On- Site and Off-Site Improvements) with the agreed upon cost estimates and accept the bonds for such improvements. 3.1.2.13. Termination of Prior Subdivision Improvement Agreement. That certain "CITY of Temecula Subdivision Improvement Agreement" between the CITY of Temecula and North Plaza, LLC," dated as of August 13, 1996, is hereby terminated upon the occurrence of all of the following conditions: (1) This Agreement becomes effective on the Effective Date; (2) OWNER has duly executed the Subdivision Improvement Agreement (On-Site and Off-Site Improvements) set forth on Exhibit F and described in Sections 3.1.2.11 and 3.1.2.13 and City approves and executes said agreement; and (3) the CITY has accepted the Subdivision Performance Bond and the Labor and Materials Bond for the On-Site Public Improvements and the Off-Site Public Improvements as required by the Subdivision Improvement Agreement (On-Site and Off- Site Improvements). Upon the termination of said "CITY of Temecula Subdivision Improvement Agreement" between the CITY of Temecula and Noah Plaza, LLC," dated as of August 13, 1996, the CITY Engineer shall release bond numbers 148 41 89, 148 41 90, 148 41 91, and 148 41 92 issued by Insurance Company of the West. 3.1.2. Timing of Development. Except as set forth in Agreement, regardless of any future enactment, by initiative, or otherwise, OWNER shall have the discretion to develop the Property 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 744368.8 November 21, 2003 - 10 - 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. 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. 3.1.3.2. Other Permits. The CITY further agrees to reasonably cooperate with OWNER, at no cost to 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. Reserved Authority. 3.2.1. 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 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. 3.2.2. 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. 744368.8 November 21, 2003 - 11 - 3.3. Vested Right. By entering into this Agreement and relying thereupon, OWNER is obtaining the vested rights to proceed with the development of the Property in accordance with the terms and conditions of this Agreement. 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: 3.3.1. 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 role, regulation, ordinance or other measure (collectively "law") applicable to the Property which is inconsistent or in conflict with the terms of this Agreement. 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 Applicable Regulations or otherwise requires any reduction or increase in the number, size or square footage of lot(s), structures, buildings or other improvements, except as provided in Section 3.2; or (ii) Applies to the Property, but is not uniformly applied by the C1TY to all substantially similar development within the CITY, except as provided in Section 3.2. 3.3.2. 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 Property as provided by this Agreement 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. 3.3.3. 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 part of the Property according this Agreement and the Development Plan. 744368.8 November 21, 2003 - 12 - 4. Obligations of the Parties. 4.1. Obligation of CITY to Construct a portion of Empire Creek Improvements. Except as otherwise provided in this section, CITY agrees to construct a box culvert for Empire Creek and approach structure as specifically described on Exhibit G or as currently designed and/or modified as part of the Improvement Plans for Parcel Map 23496 ("Empire Creek Box Culvert"). CITY shall construct the Empire Creek Box Culvert only if it determines in its reasonable discretion that the Empire Creek Box Culvert is necessary for the construction of the extension of Rancho Way. If the CITY determines that it is necessary to construct the Empire Creek Box Culvert, CITY shall construct the Empire Creek Box Culvert at such time as the CITY may construct the Rancho Way extension. In the event the OWNER or its successor develops Proposed Parcel L, OWNER or its successor shall construct, at its sole cost and expense, all off-site public improvements as may be necessary for the development of Proposed Parcel L, including the construction of the Empire Creek Box Culvert, whether or not the City has constructed Rancho Way. 4.2. Lot Line Adjustment. OWNER shall diligently apply for and process a lot line adjustment to the portion of the Property southerly of Rancho Way in substantial conformance with the preliminary drawings set forth on Exhibit H. CITY agrees to expeditiously process the lot line adjustment. Owner shall apply for the lot line adjustment within thirty (30) days from the Effective Date of this Agreement. As part of the application for the lot line adjustment, OWNER shall include fully executed grant deeds as necessary to complete the lot line adjustment. City shall diligently process and act upon the lot line adjustment. Upon approval of the lot line adjustment, CITY shall record the lot line adjustment and applicable deeds in the Official Records of Riverside County. OWNER acknowledges and agrees that City has the authority to and may withhold grading permits or building permits or any other land use entitlements for the property until such time as the lot line adjustment is recorded. 744368.8 November 21, 2003 - 13 - 4.3 Dedications and Exactions. 4.3.1. Dedication for Rancho Way. OWNER shall dedicate such land to the CITY for road and public utility purposes for the extension of Rancho Way. The preliminary description of the land needed for the Rancho Way Extension is set forth on Exhibit H. Except as otherwise provided in this Agreement, OWNER shall convey the fight of way for Rancho Way to CITY within twelve (12) months of the effective date of this Agreement. OWNER acknowledges and agrees that additional right of way may be required and therefore agrees to dedicate such additional land as the CITY may require. A building permit for Proposed Parcels H, I, J and K shall not be issued until such time as the right of way for Rancho Way and the Empire Creek Box Culvert is conveyed to the City. 4.3.2. Dedication for Empire Creek Box Culvert. OWNER shall dedicate such land to the CITY as necessary for the construction of the Empire Creek Box Culvert. The preliminary description of the land needed for the Empire Creek Box Culvert is set forth on Exhibit G. Except as otherwise provided in this Agreement, OWNER shall convey the right of way for the Empire Creek Box Culvert to CITY within twelve (12) months of the effective date of this Agreement. OWNER acknowledges and agrees that additional right of way may be required and therefore agrees to dedicate such additional land as the CITY may require. 4.3.3. Futura Dedications. 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 arising from the future Development Approvals shall not be limited by this Agreement. 4.3.4 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 CITY to fund hazardous material/contamination/toxic remediation activities so as to allow the real property to be used as intended by CITY. OWNER shall provide CITY copies of all reports, investigations and analysis that document the environmental condition of the real property. 4.3.5 DIF Credit for Median Construction. Provided OWNER completes the construction of the full width medians on Ynez Road pursuant to Section 3.1.2.12 of this Agreement, OWNER shall be entitled to a credit on the payment of its obligation to pay 744368.8 November 21, 2003 - 14 - the Street System Component of the DIF pursuant to the provisions of Section 15.06.050 of the Temecula Municipal Code in the amount of fifty percent (50%) the actual cost of constructing the full median. 4.3.6 DIF Credit for Traffic Signal. Provided OWNER completes the construction of the Traffic Signal at the intersection of Rancho Way and Ynez Road pursuant to Section 3.1.2.12 of this Agreement, OWNER shall be entitled to a credit on the payment of the Traffic Signal System Component of the DIF pursuant to the provisions of Section 15.06.050 of the Temecula Municipal Code up to one hundred percent (100%) of the total cost of construction. 4.3.7. Environmental for Channel Improvements. The OWNER may, at his sole expense, apply for and diligently pursue environmental clearances from all applicable government agencies for the construction of the channel improvements from 1- 15 to Ynez Road pursuant to the City's preliminary alignment study for the Rancho Way construction, dated ~ and with the plans approved by the City as part of Parcel Map No. 23946 for the overall channel improvement as part of the off-site public improvements described on Exhibit E ("Off-Site Public Improvements") and to be designed and constructed pursuant to the "Subdivision Improvement Agreement (On-Site and Off-Site Improvements)" set forth in Exhibit D. 5. Further Assurances to OWNER Regarding Exercise of Reserved Authority. 5.1. Adoption of General Plan and Granting of Other Project 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 parties 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 744368.8 November 21, 2003 - 15 - pursuant to the Reserved Authority, OWNER shall bear the burden of proof in establishing that such role, regulation or policy is inconsistent with the Applicable Regulations 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. Indemnification. 6.1 Owner agrees to indemnify and hold harmless the CITY, the Redevelopment Agency of the City of Temecula, their agents, officers, contractors, attomeys, and employees ("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 Indemnified Parties is or are liable therefore as a direct or indirect result of the CITY's approval of this Development Agreement. 6.2 Owner Agrees during the term of this Agreement, to indemnify 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. 6.3 OWNER's duties under this Section 6.1 are solely subject to and conditioned upon the Indemnified Parties written request to OWNER to indemnify the Indemnified Parties. OWNER shall deposit the expected costs of defense with the CITY within five (5) business days of notice from the CITY of the claim and shall add to the deposit within five (5) business days from the request of CITY. Without in any way limiting the provisions of this Section 6, the parties hereto agree that this Section 6 shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Effective Date. 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 development of the Property shall be construed as making the CITY and OWNER joint ventures or partners. 8. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in 744368.8 November 21, 2003 - 16 - whole or in part only by mutual consent of the parties in the manner provided for in Government Code Section 65868. 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 I0. 9. Periodic Review of Compliance with Agreement. 9.1. Periodic Reviev~. The CITY and OWNER shall review this Agreement at least once every 12-month period from the date this Agreement is executed. 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 fumish 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 duly authorized transferee 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. 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 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 only if it has probable cause to believe the CITY's general health, safety or welfare is at ~sk as a result of specific acts or failures to act by OWNER. 9.5. Administration of Agreement. 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 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 744368.8 November 21, 2003 - 17 - 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 as provided in Section 8, or modified or suspended pursuant to Government Code Section 65869.5, 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. CITY'S remedies for OWNER'S breach shall be limited to those specified in Section 10.3. 10.2. Defaults by CITY. 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. OWNER'S remedies for CITY'S broach shall be limited to those specified in Section 10.3. 10.3. Specific Performance Remedy. 10.3.1 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 development of the Property 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 fight to seek and obtain specific performance as a remedy for any breach of this Agreement. Moreover, the CITY would not have consented to this Agreement if it were to be subject to damages for breach of this Agreement. Therefore, OWNER specifically agrees that it has no authority under this Agreement to seek monetary damages against the CITY for any breach of this Agreement 744368.8 November 21, 2003 - 18 - by the CITY, and agrees not to seek monetary damages against the CITY for breach of this Agreement. 10.3.2 The CITY and OWNER further acknowledge that, if OWNER fails to can'y out its obligations 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 denying issuance of permits or 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. 10.4. Institution of Legal Action. In addition to any other rights or remedies, and except as provided in Section 10.3, 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 single referee who shall then try all issues, whether of fact or law, 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. Estoppel Certificates. Either party may at any time deliver written notice to the other party requesting an estoppel certificate (the "Estoppel Certificate") stating: 10.5.1 The Agreement is in full force and effect and is a binding obligation of the parties. 10.5.2 The Agreement has not been amended or modified either 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 provide a signed certificate 744368.8 November 21, 2003 - 19 - to the requesting party within thirty (30) days after receipt of the request. The City Manager or any person designated by the City Manager may sign the 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. 10.6 Termination for Failure to Develop. Notwithstanding the provision of this Section 10, in the event that on March 31, 2004, at least twenty (20) acres of the Property have not been conveyed in a bona fide transfer to a legal entity or entities, other than an entity or entities affiliated with the OWNER, for the development of an new vehicle sales facility on said acreage, the City may, in its sole and absolute discretion, without finding any breach of the Agreement, elect to terminate the executory provisions of this Agreement on twenty (20) calendar days notice to OWNER. 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 exemise 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. 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 Maieure. 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, intergalactic invasion, strikes and other labor difficulties beyond OWNER's control, government regulations (including, without limitation, state and federal environmental and natural resource regulations applied to the Property), or judicial decisions directly applicable to the Property. 11.4. Extensions. The Term of this Agreement and the time for performance by OWNER or the CITY of any of its obligations hereunder 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 provided that OWNER or CITY notifies the other of an event of force majeure within thirty (30) days of the commencement of the condition and the allowed delay is equal to the time of the event justifying delay. 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. I. Litigation. The period of time after the Effective Date during which litigation related to the Agreement or having the actual effect of delaying implementation of the development of the Property is pending, including litigation pending on the 744368.8 November 21,2003 - 20 - Effective Date. This period shall include any time during which appeals may be filed or are pending. 11.4.2. Government Agencies. 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 Development Approvals. 12. Notices. Ail 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: CITY of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 Attention: CITY Planner With a copy to: Richards, Watson & Gershon 355 South Grand Avenue, 40th Floor Los Angeles, CA 90071-1469 Attention: Peter M. Thorson,City Attorney 744368.8 November 21, 2003 - 21 - Notices required to be given to OWNER shall be addressed as follows: North Plaza LLC Robert R. Chambers, Manager 29400 Rancho California Road Temecula, Ca. 92591 With a copy to: Any notice given as required herein shall be deemed given only if in writing and upon deliver, 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. Attomeys' Fees. If legal action is brought by either party against the other for broach 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. 15. Effect of A~'eement 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 manner, 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 744368.8 November 21, 2003 - 22 - 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 beneficiary 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 notification of any default by OWNER in the performance of its obligations under this Agreement which is not cured within sixty (60) days (the "Second Default Notice") 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 further 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 portion 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. 16. Severability 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 Authorizing 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. 744368.8 November 21, 2003 - 23 - 18.1. Interpretation and Governing Law. The language in all parts of this Agreement shall, 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 govemmentai 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 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 Agreement. 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 patties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 19. Not for Benefit of Third Parties. This Agreement and ail 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. 20. Exhibits. The following Exhibits are attached to this Agreement and incorporated herein as though set forth in full: Exhibit A Exhibit B Exhibit C Property Description and Designation of Parcels [Intentionally Omitted] On-Site Public Improvements 744368.8 November 21, 2003 ~ 24 - Exhibit D Improvements) Exhibit E Exhibit F Exhibit G Exhibit H Subdivision Improvement Agreement (On-Site and Off-Site Off-Site Public Improvements [Intentionally Omitted] Description of Empire Creek Box Culvert Description of Proposed Lot Line Adjustment IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year dated below. "CITY" CITY OF TEMECULA, a municipal corporation Jeffrey Stone Mayor ATTEST: Susan Jones, CMC CITY Clerk [Signatures continue] 744368.8 November 21, 2003 - 25 - APPROVED AS TO FORM: Peter M. Thorson CITY Attomey NORTH PLAZA, LLC, a California limited liability company By: Name: Robert R. Chambers Title: Manager 744368.8 November 21, 2003 ~ 26 - State of California County of Riverside ) ) ss ) On before me, , personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature of Notary State of California County of Riverside ) ) ss ) On before me, , personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature of Notary 744368.8 November 21, 2003 - 27 - EXHIBIT "A" (Legal Description and Depiction of Property and Proposed Parcels Thereon) 744368.8 November 21, 2003 - 28 - EXHIBIT "B" [Intentionally Omitted] 744368.8 November 21, 2003 - 29 - EXHIBIT "C" ON-SFFE PUBLIC IMPROVEMENTS 1. Complete installation of public improvements for North Plaza Drive including curb and gutter, sidewalk, sewer, water, storm drains, streeflights and underground public utilities. 2. Complete installation of public improvements for Park Plaza Lane including curb and gutter, sidewalk, sewer, water, storm drains, streetlights and underground public utilities. 3. Redesign the alignment of Park Plaza Lane to connect to the new Rancho Way and design and construct public improvements to support that redesign. Prepare the necessary right-of-way documents to cause the dedication of Park Plaza Lane and Rancho Way. 4. Design and construct public improvements for the intersection of Rancho Way and Ynez Road to meet the standards of the department of Public Works. Prepare the necessary fight-of-way documents including slope easements to cause the dedication of Rancho Way from Interstate 15 to Ynez Road. Prepare the necessary fight-of-way documents to cause the vacation of the redesigned portion of Park Plaza Lane connection to Ynez Road. 5. Prepare the necessary fight-of-way documents to cause the dedication of a storm drain easement for Empire Creek to be realigned and contained in order to accommodate the future construction of Rancho Way. 744368.8 November 21, 2003 - 30 - ?CL- ~ pcb. LECEND ~-~ INDIC~TES ON-SITE II~PROI/EI~ENT$ CITY OF TEMECULA I DEPARTMENT OF PUBLIC WORKS PROPOSED ON-SITE IMPROVEMENTS EXHIBIT "D" Subdivision Improvement Agreement (On-Site and Off-Site Improvements) [City's Standard Subdivision Improvement Agreement] 744368.8 November 21, 2003 - 31 - EXHIBIT "E" OFF-SITE PUBLIC IMPROVEMENTS 1. Design and construct a Traffic Signal at the intersection of North Plaza Drive and Ynez Road to meet the standards of the Department of Public Works 2. Design and construct a Traffic Signal at the intersection of Rancho Way and Ynez Road to meet the standards of the Department of Public Works 3. Design and construct a raised landscaped median on Ynez Road from North Plaza Drive to the Empire Creek crossing to meet the standards of the Department of Public Works and Temecula Community Services District 744368.8 November 21, 2003 - 32 - pCL. PROPOSED TRAFFIC ~ lANDSCAPE pCL. WEDmN pCL. pCL. ~ PROPOSED TRAFFIC SICNAL LEGEND [r~ INDIC~TES OFF-SffE III~PROI/DdENTS CITY OF TEMECULA DEPARTWENT OF PUBLIC ~fORKS PROPOSED OFF-SITE IMPROVEMENTS EXHIBIT F [Intentionally Omitted] Exhibit G Description of Empire Creek Box Culvert 34 Exhibit H Description of Proposed Lot Line Adjustment AREAS (PROPOSED PARCEL~ PARCEL A 6.24 AC 271,600 Sf PARCEL B 2.59 AC 112,706 SF PARCEL C 4.50 AC 195,907 SF PARCEL D 4.17 AC 181,676 SF PARCEL E 4.73 AC 206,145 SF PARCEL F 1.87 AC 8~,565 SF PARCEL C 1.83 AC 79,657 SF PARCEL H 1.76 AC 76,844 SF PARCEL I 1.66 AC 72,309 SF PARCEL J ~.99 AC 86,745 SF PARCEL K 0.96 AC 42,038 SF PARK PLAZA LANE-TO BE DEDICATED 36,632 SF RANCHO WAY-TO BE DEDICATED :~5,415SF RANCHO WAY-FUlURE 55,026 SF SLOPE ,~6,325SF LEGEND l.l~ LOT ll~ ~US~EN~ ~l.P~ ~ P~l ~ ~. NUMAR ~ X AC AC~ES ~ S~E ~0~ Cl~ ~ lEMECU~ - ~RE ATFACHMENT NO. 3 INITIAL STUDY R:~D A~Auto Mail, Staff Reaport PC.doc 10 · City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 O Environmental Checklist Project Title Auto Mall Expansion Development Agreement (PA03-0565) Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Contact Person and Phone Number David Hogan, Principal Planner (909) 694-6400 Project Location West of Ynez Road, north of Rancho California Road, and south of the existing auto mall, in the City of Temecula Project Sponsor's Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 General Plan Designation Service Commercial Zoning Service Commercial Description of Project The project consists of a development agreement between the City of Temecula and the current property owner of commercially designated property south of the existing auto mall. The project will ensure the future expansion of the auto mall and provide the City with the right-of-way for the extension of Rancho Way. Specifically, the proposed development agreement will ensure the following: 1. The Owner will get to develop automobile-related uses on the property, consistent with the Service Commercial Zone. O 2. The Owner will do the required stream channel improvements not related to the future construction of Rancho Way. 3. The Owner will pay Development Impact and Transportation Uniform Mitigation Fee as development occurs. A DIF credit for medians is authorized for any median improvements completed. 4. The Owner will do onsite improvements and traffic signals. 5. The Owner will process and record a lot line adjustment and dedicate right-of-way for Rancho Way. 6. The City will freeze the DIF at current levels until July 1, 2006. 7. The City will void the existing Subdivision Improvement Agreement. 8. City will do additional improvements to the Empire Creek channel if necessary for the construction of Rancho Way. Surrounding Land Uses and Setting The project is located along a major commercial corridor adjacent to Interstate 15 at the southern end of the current auto mall area. ~ There are existing commercial uses to the north, east and west of the site. There is also some vacant commercial property to the east of the property. Other public agencies whose approval None is required R;'~D A~Auto Mall~nitlal Study.doc 1 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use Planning Hazards Population and Housing Noise Geologic Problems Public Services Water Utilities and Service Systems Air Quality Aesthetics Transportation/Cimulation Cultural Resources Biological Resources Recreation Energy and Mineral Resources Mandatory Findings of Significance v' None Determination (To be completed by the lead agency) On the basis of this initial evaluation: v' I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a ,potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all ! potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE i DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. SiCnat~'~ Printed name For R~D A',Auto Malt~lnitial Study.doc 2 1. Land Use and Planning. Would the project: J Poten~arly Pntential~ySignificant Un,ss Less Than Slgn;ficantMi~gation SYjnllicant No Issues and Supporting Info~mation Sources Impact Incorporated Imj~act Impact a. Physically divide an established community? b. Conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigation an environmental effect? c. Conflict with any applicable habitat conservation plan or natural community conservation plan? 2. POPULATION AND HOUSING. Would the project: a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?  Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 3. GEOLOGY AND SOILS. Would the project? POtentially F~oten !~Y $~n~fl~nt,U~ress, LessThan · Sigllifl~ Mitigatfoh' 'Significant No Issues and Supporting In4ormati0n Sources ;lmp, act ~Inco~0rated Impact Impact a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42, ii) Strong seismic ground shaking? iii)Seismic-related ground failure, including liquefaction? iv) Landslides? b. Result in substantial soil erosion or the loss of topsoil? ~i Be located on a geologic unit or soil that is unstable, or -/ that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? R:\D A~Auto Mail~lnitial Study.doc 3." GEOLOGY AND SOILS. Would the project? Poter~ally Potentially Signi~ant Unless Less Than Significant Mitigetion Significant No Issues and Supportin~ Infon~nafion Sources Impact Incorporated Impact Impact d. Be located on expansive soil, as defined in Table 1801 -B v~ of the Uniform Building Code (1994), creating substantial risks to life or property? e. Have soil incapable of adequately supporting the use of ,~ septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 4. HYDROLOGY AND WATER QUALITY. Would the project: Potentially Potendatly Signirmant Less Than Significant Unless Significant NO Issues and Supporting Information Sources Impact Mitigation Impact Impact Irmorpo~ated a. Violate any water quality standards or waste discharge requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional soumes of I polluted runoff? f. ~ Otherwise substantially degrade water quality? g. Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a 100-year flood hazard area structures which would impede or redirect flood flows? ~. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? R:',D A~,uto Mall,initial Study.doc 4 5. AIR QUALITY. Where available, the significance criteria established by the applicable quality ~ management or air pollution control district be relied to make the may upon following determinations. Would the project: Potentially PotentiallySignificant Unless Less Than SignificantMitigation Significant NO Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Conflict with or obstruct implementation of the applicable ,/ air quality plan? b. Violate any air quality standard or contribute substantially ,/ to an existing or projected air quality violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non~ attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors? d. Expose sensitive receptors to substantial pollutant ,,' concentrations? e. Create objectionable odors affecting a substantial number of people? 6. TRANSPORTATION/TRAFFIC. Would the project: Potentially  . Poteritially Significant Unless Less Than Significant Mitigation Significant NO Issues a~ Information Sources ~ Ince~orated ~ Impact Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (Le., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? f. Result in inadequate parking capacity?. g. Conflict with adopted policies, plans, or programs ,,' supporting alternative transportation (e.g., bus turnouts, ; bicycle racks? R:~D A~Auto Mail,Initial Study.doc 5 7. BIOLOGICAL RESOURCES: Would the project: Potentially a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c. Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? I e. Conflict with any local policies or ordinances protecting biological resoumes, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ! 8. MINERAL RESOURCES. Would the project: PoteafiaJly Potentially Significant UnJess Less Than Sigr~cant Mitigation Significar~ NO Issues and Supporting:Information Sources Impa~ Incoq3orated Impact Impact a. Result in the loss of availability of a known mineral v' resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally-important / mineral resoume recovery site delineated on a local general plan, specific plan or other land use plan? R:VD A'~A~o MatNnltlal Study.doc 6 ! 9. HAZARDS AND HAZARDOUS MATERIALS. Would the project: ~ Potentially PotentialiySignificant Unless Less Than SignificantMitigation Significant No Issues and Supporting Information Soumes Impact Incorporated Impact Impact a. Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? b. Crate a significant hazard to the public or the v environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or ~.~rworkin inthe ro'ect area? For a project within the vicinity of a private airstrip, would ,/ the project result in a safety hazard for people residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 10. NOISE. Would the project result in: Potentially Pot ~; 'ally significant unress Less Than Sigr~fir, ant Miti~alJon Significant No Issues and SUpporting ~or~ation Soumes I,~pa~ct Incorporatnd Impoct Impact a. Exposure of people to severe noise levels in excess of ,~ standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ,~ groundborne vibration or groundborne noise levels? c. A substantial permanent increase in ambient noise levels ,~ I in the project vicinity above levels existing without the proiect? R:'~D A~Auto Mal~lnitial Study.dcc 7 10~ NOISE. Would the project result in: Potemial~y Potentially Significant Unless Less Than Signir~_.ant Mitigation Significant No Issues and Suppartlng Information Sources Impact Incorporated Impact Impact d. A substantial temporary or periodic increase in ambient ,/ noise levels in the project vicinity above levels existing without the project? e. For a project located within an airport land use plan or, ,~ where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would ~ the project expose people residing or working in the project area to excessive noise levels? 11. PUBLIC SERVICES: Would the proposal have a substantial adverse physical impacts associates with the provisions of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: potentially Potentially Significant IJniess Less Than Significant Mitiga~en Signil~cant NO Issue~ and Supporting Information Sources Impact Incorporated Impact Impact a. Fire protection? b. Police protection? c Schools? d. Parks? e Other public facilities? 12. UTILITIES AND SERVICE SYSTEMS: Would the project: Potentially Stg n'~..ant Unless Less Than Significant Mitigation Significant No Issues ar~l ,S upparling Informa§on Soumes Impact Incoq)orated Impact Impact a. Exceed wastewater treatment requirements of the v~ applicable Regional Water Quality Control Board? b. Require or result in the construction of new water or ~' wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water ~' drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the ,/ project from existing entitlements and resources, or are new or expanded entitlements needed? R:\D A'~Auto Mal~lnitial Study.doc 8 12'. UTILITIES AND SERVICE SYSTEMS: Would the project: J Poter~ally Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Soumes Impact Incorporated Impact Impact e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g. Comply with federal, state, and local statutes and v regulations related to solid waste? 13. AESTHETICS. Would the project: Potentially Potentially Signirmant Unless Less Than Significant Mitigation Signi§cant No Issues and Supporting Information Sources Impact Incorporated Impact Irnpact a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resoumes, including, but not limited to, trees, rock outcropping, and historic building within a state scenic highway? c. Substantially degrade the existing visual character or ~__~f the site and its surroundings? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 14. CULTURAL RESOURCES. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Signiticant No Issues aed SupDorting Informafon Sources Impact Incorporated Impact Impact a. Cause a substantial adverse change in the significance of a historical resoume as defined in Section 1506.5? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 1506.57 c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d. Disturb any human remains, including those interred outside of formal cemeteries? R:\D A~Auto Mail, Initial Study.doc 9 15. RECREATION. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Info~nation Sources Impact Incorporated Impact Irnpaot a. Would the project increase the use of existing v' neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require ,/ the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? 16. MANDATORY FINDINGS OF SIGNIFICANCE. Potentially Potentially Signi~mact Unless Less Than Significant Mitigation S~gniticant No Issues and Sup~rt~r~ !13fo~mation Soumes Impact Incorporated Impact Impact a. Does the project have the potential to degrade the quality v' of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually v' limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects? c. Does the project have environmental effects which will ,/ cause substantial adverse effects on human beings, either directly or indirectly? Comments: The project consists of the approval of a Development Agreement between the City of Temecula and the owner of commercial property adjacent to the existing auto mall. Specifically, the proposed development agreement will guarantee the future development of the site with automotive related uses that are consistent with the current Service Commercial designation and will provide for the future right-of-way for the extension of Rancho Way, a Circulation Element roadway, The owner will also agree to do previously required onsite and off-site improvements (except for additional improvements to the Empire Creek channel). In exchange for this, the City will do any the necessary improvements to Empire Creek as part of the future construction of Rancho Way and will void the existing subdivision improvement agreement. Rancho Way is a General Plan level roadway that will provide a needed cross-freeway connection between Diaz Road and Margarita Road. RAD A',Auto MalNnitia[ Study.doc 10 The pro~)6sed Development Agreement will not have an effect on the environment. Each of the items being addressed by this agreement; the General Plan, Development Code and approved pamel map have already received the appropriate environmental reviews. In addition, the future construction of Rancho Way will the appropriate environmental review when the project has been designed and prior to the approval of construction. Also, any future development projects in this area will also receive the appropriate environmental review when an application has been submitted to the City for consideration. As a result, the project will have no impact on the environment. 17. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a. Earlier analyses used. Identify earlier analyses and state where they are available for review. b. Impacts adequately addressed. Identify which affects from the above check list were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. SOURCES City of Temecula General Plan. City of Temecula General Plan Final Environmental Impact Report. South Coast Air Quality Management District CEQA Air Quality Handbook. R:~D A~Auto MalJ~lnitial Study.doc 11 pGL. B pCL. f' LEGEND ~7-~ INOICATE$ ON-$ff£ ItdPl?OI/El~ENl'$ pCL. ~ G pC, L. pCL- ~ pCL- ~ CITY OF TEMECULA DEPARTMENT OF PUBLIC ~fORKS PROPOSED ON-SITE IMPR O VEM1~NTS ITEM #3 Date of Meeting: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION December 3, 2003 Prepared by: Sheila M. Powers Title: Associate Planner File Number PA03-0434 Application Type: Product Review Project Description: Product Review of a 67-1ot single-family residential subdivision (Lake Front Cottages, Phase 2 of the Harveston Specific Plan Planning Area 3) located in Tract 30669-2, south of Harveston Lake, east of Loop Road and west of Paseo Park Trail Recommendation: (Check One) [] Approve with Conditions [] Deny [] Continue for Redesign [] Continue to: [] Recommend Approval with Conditions [] Recommend Denial CEQA: (Check One) [] Categorically Exempt [] Negative Declaration CEQA Section 15162 [] Mitigated Negative Declaration with Monitoring Plan [] EIR R:XD PL2003~03-1M34 Harveston Lakefront Cottages Product Review~Staff Report~COA~Staff Rpt.dot PROJECT DATA SUMMARY: Applicant: Lennar Homes Completion Date: August 8, 2003 Mandatory Action Deadline Date: December 8, 2003 General Plan Designation: Medium Density Zoning Designation: SP-13 Site/Surrounding Land Use: Site: Product Review of a 67-1ot single-family residential subdivision (Lake Front Cottages, Phase 2 of the Harveston Specific Plan Planning Area 3) North: Vacant South: Vacant East: Vacant West: Vacant Lot Area: BACKGROUND SUMMARY: (or) I-]1. 2,000 square foot Minimum & 2,500 square foot Maximum Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. Staff has worked with the applicant to ensure that all concerns have been addressed, however, the following issues have not been resolved to the satisfaction to staff. (or) 1-12. The attached "Project Review Worksheet" (Attachment A) has been completed and staff has determined that the proposed project is consistent with the General Plan, City- wide Design Guidelines, the Specific Plan, PDO, and the Development Code. The attached "Project Review Worksheet" (Attachment A) has been completed and indicates that staff cannot make all the findings of consistency required for approval. R:'~D P~2003\03-0434 Harveston Lake froat Cottages Product Review~Staff Report-COA~qtaff Rpt.dot 2 PROJECT DESCRIPTION The project proposes six (6) architectural styles (American Farmhouse, Colonial, Craftsman, East Coast Traditional, Monterey, and Spanish Colonial) and three (3) floor plans. The following provides a description of each floor plan: PLAN ONE (22 LOTS) Plan One is a 1,999 square foot, two-story residence and consists of Craffsman, East Coast Traditional, and Spanish Colonial. The garage is located at the rear of the residence and the entryway has covered porches. The entryway, front windows, chimneys, attic vents, roof style and roof pitches are also designed to match the architectural style of the residence. There is a courtyard at the rear of the residence between the residence and the garage. The roofs have a range of 3 1/2:12 to 5:12 with the use of simple gable roofs, single texture flat concrete tiles or a concrete roof with a shingle look. The enhancements include attic vents that compliment the architectural style, window trim, shutters and siding. PLAN TWO (22 LOTS) Plan Two is a 2,123 square foot two-story residence and consists of American Farmhouse, Colonial, and Monterey. The garage is located at the rear of the residence and the entryway has covered porches. The second floor offers a balcony. There is a courtyard at the mid section of the residence between the family room and the entryway. The entryway, front windows, chimney's, attic vents, roof style and roof pitches are also designed to match the architectural style of the residence. The roofs have a range of 5:12 to 6:12 with the use of asphalt shingles or "S" tile roof. The enhancements include attic vents that compliment the architectural style, window trim, shutters and siding. PLAN THREE (23 LOTS) Plan Three is a 2,254 square foot two-story residence and consists of American Farmhouse, Craftsman, and Colonial. The garage is located at the rear of the residence and the entryway has covered porches. There is a courtyard towards the rear of the property between the garage and the family room. The East Coast Traditional and Spanish Colonial allow for an optional covered balcony at the second floor. The enhanced elevations from the public view include window trim, accent attic vents, shutters at the rear elevation on the Colonial style residence, and additional siding. ANALYSIS This proposal is identical to Phase I in the Harveston Specific Plan Planning Area 3 (Lake Front Cottages, Tract 29929-1) located north of the Harveston Lake/Paseo Park and west of the ABC Pre-School. The Phase 1 proposal was approved on September 4, 2002 by the Planning Commission. There have been no design changes to this proposal. Staff has reviewed the project and has determined it to be consistent with the Design Guidelines of the Harveston Specific Plan. Please refer to Attachment 3, the Design Guidelines, of the Harveston Specific Plan. The design intent and elements proposed by the applicant include "architecturally forward" residences, a variety of garage placement, six (6) different architectural R:XD PX2003\03-0434 Harveston Lakefront Cottages Product Review~Staff Report~COAXStaff Rpt.dot 3 styles (American Farmhouse, Colonial, Craftsman, East Coast Traditional, Monterey, and Spanish Colonial), a variety of roof heights and pitches, pedestrian connections and variable lot setbacks. These elements are consistent with the requirements of the Design Guidelines in the Harveston Specific Plan architectural styles. The following is a table representing the consistency found between three proposed amhitectural styles and the requirements of the Harveston Specific Plan. PLAN STYLE PROPOSED PLAN DETAILS Colonial Simple 2-story stacked massing; 5:12 roof pitch; 12" overhangs; asphalt shingles; blended siding & stucco; vertical multi-paned single hung windows at front elevations; single paned windows on sides & rear elevations; 2x4 wood window & door trim; entry porches w/ simply trimmed wood columns; wood shutters. American Farmhouse Simple plan form massing & simple roof design; front to back main gable roof; 12" overhangs; asphalt shingles; blended siding & stucco; single paned windows on side & rear elevations; single hung windows at front; shaped wood columns w/knee braces; 2x4 wood window & door trim Monterey Simple box plan form; main hip roof front to back at 5:12 pitch; 12" overhangs; "S" tile roof; smooth finish stucco; vertical window shape w/multiple panes often in groupings; wood balcony & railing; wood shutters East Coast Traditional Plan form massing w/a vertical & horizontal break; 5:12 roof pitch; concrete roof tile w/shingle look; blended siding & stucco; vertical window shape multi-paned at front elevation; full wood porch; square column w/trim; wood shutters Spanish Colonial 2-story massing w/strong 1-story element; 5:12 roof pitch; 12" overhang; simple gable roof; "S" Shaped concrete tiles; shed roof over porch; smooth finish stucco; vertically hung 2" recessed windows at front elevation & in high visibility areas; 2" recessed stucco over foam window & door trim; arched stucco column porches; 2" recessed detail at gable ends Craftsman Simple 2-story boxed massing; 5:12 roof pitch; shingle texture flat concrete tiles; basic gable roof side to side; blended siding & stucco; plain texture shingle siding; single hung windows at front elevation; entry porches w/heavy square columns on stone piers; wood header trim at windows & doors; outlooker; battered columns R:~D P~2003\03-0434 Harveston I~kefront Cottages Product Review~Staff Report~-COA~Staff Rpt.dot 4 Garage Placement All six floor plans are considered "architectural-forward" which are strongly encouraged by the design guidelines in the Harveston Specific Plan. Floor Plan One has the living area 14' from the street, the porch area 7' from the street and the garage is located at the rear. Floor Plan Two has the living area 20' from the street, the porch 13' from the street and the garage is at the rear. Floor Plan Three has the living area 14' from the street, the pomh 10' from the street and the garage located at the rear. The homesites have been dimensioned to allow the "living" portions of the residence to be pulled forward on the lot so that active, articulated architecture can visually dominate the street scene, rather than have the garages dominate the street scene. Massinq The proposal gives careful attention not to create massive structures by stepping back second stories and having varying roof planes. A sense of variety for single story elements can be seen with the use of covered porches and covered entryways. Window trim, accent vents, shutters, additional siding, and arched doorways have been incorporated on the enhanced plans for public view as required by the Design Guidelines of the Harveston Specific Plan. Buildinq Materials Building materials and colors have been incorporated to match the proposed architectural style. Each architectural style has 3 siding, roof and stucco color to choose from. All materials and colors that have been proposed by the applicant have been found to be consistent with the Harveston Specific Plan. In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review. (Class, name, type) (or) The proposed project has been determined to be consistent with the previously approved Harveston Specific Plan (EIR) and is exempt from further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations). CONCLUSION/RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution approving the applicant subject to the attached conditions of approval. R:'~D PX2003\03-0434 Harveston Lakefront Cottages Product Review\Staff Report-COA~Staff Rpt.dot 5 .FINDINGS Staff recommends that the Planning Commission make the following findings as required in Section 17.05.010 F of the Temecula Municipal Code. The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed single-family homes are permitted in the Medium Density land use designation contained in the Harveston Specific Plan and the City's Development Code. The project is also consistent with the Medium land use designation contained in the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type and density of the residential development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA),fire and building codes. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the single-family residences, including the site, building, and other associated site improvements, is consistent with, and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. 3. The proposal is consistent with the Goals and Objectives of the Harveston Specific Plan. The overall design of the single-family residences is consistent with the Design Guidelines as set forth in the Harveston Specific Plan Guidelines Sections 10.0 through 11.0. ~ ATTACHMENTS 1. Plan Reductions - Blue Page 7 2. PC Resolution of Approval with Conditions of Approval Attached - Blue Page 8 3. Harveston Specific Plan Design Guidelines - Blue Page 9 R:kD P~2003\03-0434 Harveston Lakefront Cottages Product Review\Staff Rcport~COA~Staff Rpt.dot 6 A'FrACHMENT NO. 1 PLAN REDUCTIONS R:~D P~2003x03~434 Harvest~n Lakcfront Cottages Product Revicw~taff Report~COA~StaffRpt.dot 7 8~ ~ F_ F F L~ F F 1 I Z u~ m F~ I X I1.1 -r d iI~i,llh hill itl ,_ I I ATTACHMENT NO. 2 PC RESOLUTION NO. 2003- R:~D P~2003\03-0434 Harveston Lakeffont Cottages Product Review~taff Report-COA~taff Rpt.dot 8 PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE crrY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0434 PRODUCT REVIEW OF A 67-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION (LAKE FRONT Col-rAGES, PHASE 2 OF THE HARVESTON SPECIFIC PLAN PLANNING AREA 3). WHEREAS, Lennar Homes filed Planning Application No. PA03-0434 (the "Application") in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on December 3, 2003, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. That the Planning Commission, in approving the Application, hereby recommends the following findings as required in Section 17.05.010 F of the Temecula Municipal Code. A. The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed single-family homes are permitted in the Medium Density land use designation standards contained in the Harveston Specific Plan and the City's Development Code. TheprojectisalsoconsistentwiththeMediumlandusedesignationcontainedinthe General Plan. The site is propedy planned and zoned, and as conditioned, is physically suitable for the type and density of the residential development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, and fire and building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. R:\D P~2003\03-0434 Harveston Lakefront Cottages Product Reviev,AStaff Report-COA~PC Resolution~COA.DOC 1 The overall design of the single-family residences, including the site, building, and other associated site improvements, is consistent with, and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. C. The proposal is consistent with the Goals, and Objectives of the Harveston Specific Plan. The overall design of the single-family residences is consistent with the Design Guidelines as set forth in the Harveston Specific Plan Sections 10.0 through 11.0. Section 3. Environmental Compliance. The proposed project has been determined to be consistent with the previously approved Harveston Specific Plan (EIR) and is exempt from further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations). Section 4. Conditions. The Planning Commission of the City of Temecula approves the application (PA 03-0434) a product review of a 67-1ot single-family residential subdivision (Lake Front Cottages, Phase 2 of the Harveston Specific Plan Planning Area 3) for all of the foregoing reasons and subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 3rd day of December 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary [SEAL] R:~D P~003~3-0434 Harveston Lakefront Cottages Product Review\Staff Report-COA~PC Resolution-COA.DOC 2 STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2003- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 3~d day of Deoember 2003, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:~D P~2003~03-0434 Harveston Lakefront Cottages Product Review\Staff Report-COA~PC Reso[ution~COA.DOC 3 EXHIBIT A CONDITIONS OF APPROVAL R:'~D P'2.003~03-0434 Harveston Lakefront Cottages Product Review~Staff Report~COA',PC Resolution~COA.DOC 4 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA03-0434 (Development Plan) Project Description: A request for Product Review and approval of three model types and associated elevations within the Harveston Specific Plan Planning Area 3 to be constructed on 67 lots within Tract 30669 (Lennar Homes) DIF: Per Development Agreement Approval Date: December 3, 2003 Expiration Date: December 3, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resoumes Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, er proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resoumes Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its R:~D P~2003\03-0434 Harveston Lakefront Cottages Product Review\Staff Reporl~COA\PC Resolution~CeA, DOC 5 officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. Building elevations shall substantially conform to the approved Exhibits, including elevations, floor plans, landscaping plans, hardscape plans, and plotting plan, contained on file with the Planning Department or as amended by these changes. The colors and materials (including lighting) for this project shall substantially conform to the approved colors and materials contained on file with the Planning Department. Any deviation from the approved colors and materials shall require approval of the Director of Planning. This approval is for product review only and shall in no way limit the city or other regulatory or service agencies from applying additional requirements and/or conditions consistent with applicable policies and standards upon the review of grading, building and other necessary permits and approvals for the project. The Development Code requires double garages to maintain a minimum clear interior dimension of 20' x 20'. This shall be clearly indicated on the plans prior to the issuance of building permits for the project. Interior dimensions are measured from the inside of garage wall to the opposite wall, steps, landing, equipment pedestals, bollards or any similar type feature. When the top of the stem wall is more than 8" above the garage floor, the required dimension is measured from the inside edge of the stem wall. Applicant shall obtain the proper permits before construction, including Encroachment Permit from the Public Works Department for any work done in the City right-of-way, and Building Permit from the Building and Safety Department. 9. Fire Hydrants shall be installed prior to the start of any construction at the site. 10. Driveway widths shall comply with the driveway width requirements per City Standards. In order to allow for adequate street parking, the driveway widths at curbs will be limited to 24' maximum. Prior to the Issuance of Grading Permits 11. The applicant shall submit a Grading Plan, subject to the review and approval of the Planning Department. 12. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. R:',D P~003V33-0434 H;~rveston Lakefront Cottages Product Review~Staff Report~COA'~PC Resolufion-COA,OOC 6 13. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints of the Color and Materials Boards and of the colored version of the approved colored architectural elevations to the Planning Department for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 14. The applicant shall comply with standards conditions and requirements set forth in the Harveston Specific Plan, Mitigation Monitoring Program, conditions of approval for PA00- 0295 (Tract 29639), the Development Agreement between the City of Temecula and Harveston Specific Plan. 15. The applicant shall submit mailbox elevations and a plot plan clearly indicating the location of each mailbox area. Mailbox type and location shall be subject to the approval of the Postmaster and Planning Director. 16. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval. These plans shall conform substantially with the approved Attachment 1, or as amended by any other related conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. Additionally, the following revisions shall be made to the landscape construction drawings prior to issuance of building permits: a. Myoporum pacificum shall be deleted from the plant legend. b. The size of the Grevillea 'Noellii' shall be revised from 1 gallon to a 5-gallon size. 17. Prior to construction of the Model Home complex, the applicant shall apply for a Model Home complex permit. 18. Precise Grading Plans consistent with the approved rough grading plans, plotting plan, structural setback measurements shall be submitted and approved. 19. The developer shall demonstrate to the Planning Director that all homes will have double paned windows with at least a 25 STC rating installed to reduce noise from occasional aircraft over flights. 20. The developer shall provide proof that construction debris, including but not limited to lumber, asphalt, concrete, sand, paper and metal is recycled through the City's solid waste hauler, subject to the approval of the Community Services Department. 21. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing, Mechanical and Fire Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 22. Obtain all building plans and permit approvals prior to commencement of any construction work. R:~D P~2003\03~0434 Harveston Lakefront Cottages Product Review~Staff Report-COA\PC Resolufion~COA. DOC 7 23. A pre-construction meeting is required with the building inspector pdor to commencement of any construction or inspections. 24. Provide appropriate stamp of a registered professional with original signature on plans and structural calculations submitted for plan review. 25. Provide electrical plan including Icad calculations and panel schedule for plan review. 26. Schematic plumbing plans, electrical plan and Icad calculations, along with mechanical equipment and ducting plans shall be submitted for plan review stamped and odginal signed by an appropriate registered professional. 27. Obtain street addresses from the Building Official prior to submittal of plans for plan review. 28. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside county Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday: 6:30 a.m. - 6:30 p.m. Saturday: 7:00 a.m.- 6:30 p.m. No work is permitted on Sunday or Government Holidays Prior to the Issuance of Occupancy Permits 29. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 30. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the applicant shall release the bond upon request. 31. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project. 32. Front yard and slope landscaping, hardscaping and fencing within individual lots shall be completed for inspection prior to issuance of each occupancy permit (excluding model home complex structures). 33. The developer shall submit proof that all local refuse generators have been provided with written information about opportunities for recycling and waste reduction (i.e. buyback centers, curbside availability), subject to the approval of the Public Works and Community Services Departments. R:",D P~003~03-0434 Harveston Lakefront Cotlages Product Review~Staff Report~COA'~PC Resolution~COA.DOC 8 34. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Commission approval. Applicant's Signature Date Applicant's Printed Name R:~D P~2003~03-0434 Harveston Lakefront Cottages Product Review\Staff Report~COA~'C Resolution-COA.DOC 9 A'I-I'ACHMENT NO. 3 HARVESTON SPECIFIC PLAN DESIGN GUIDELINES R:~D P~2003k03-0434 Harveston Lakefront Cottages Product Revicw~Staff Report--COA~Staff Rpt.dot 9 SECTION 10.0 DESIGN GUIDELINES AMERICAN FARMHOUSE INSPIRATION PHOTO: APPROPRIATE STYLE ELEMENTS: · Simple plan form massing and simple roof design · Porches with simple wood columns · Porches with wood railings · 6:12to 9:12 rnofpitch · Front to back main gable roof · 12" overhangs · Architectural quality wood or asphalt shingles or smooth flat concrete tiles · Light to medium sand finish stucco or blended siding and stucco .. · Vertical multi-paned windows at front elevations and in high visibility public view areas · Single paned windows on sides and rear elevations ADDITIONAL STYLE ELEMENTS: · White vinyl wrapped aluminum windows · Stucco finish or horizontal siding wrapped chimney · Garage door patterns complimentary to style · Minimum 2x4 wood window and door trim · Whites or dark stucco body colors · Light earth tone bodies with contrasting coot or warm trims · White or dark color accent trims Note: The photographs and drawings used to demonstrate a sO,le are meant to be inspirational and not to be construed as a rigid formula for design· Harveston Specific Plan 10-69 SECTION 10.0 DESIGN GUIDELINES COLONIAL INSPIRATION PHOTO: APPROPRIATE STYLE ELEMENTS: · Simple plan form massing and simple roof design · 6:12 to 12:12 roof pitch · 0" to 12" overhangs · Front to back dominant gable roof with one intersecting gable roof · Architectural quality wood or asphalt shingles or smooth flat concrete tiles · Fine to light sand finish or light lace finish stucco or blanded siding and stucco · Vertical multi-paned windows at front elevations and in high visibility public view areas ADDITIONAL S~'YLE ELEMENTS: · Single paned windows on sides and rear elevations · Minimum 2x4 wood window and door trim · White vinyl wrapped aluminum windows · Entry porches with simply trimmed wood columns · Stucco finish or horizontal siding wrapped chimney · Garage door pattems complimentary to style · Round attic vents · Brick accents · Shutters · Pastels to cool colors with white trims · Dark color shutters · White trim / fascias Note: The photographs and drw~'ings used to demonstrate a sO'le are meant to be inspirational and not to be construed as a rigid formula for design. SECTION 10.0 DESIGN GUIDELINES CRAFTSMAN INSPIRATION PHOTO: ADDITIONAL STYLE ELEMENTS: · Windows are of~an ganged in pairs · Single paned windows at sides and rears · White vinyl wrap aluminum windows · Arts and cral~s style lighting fixtures · Shaped wood header trim at windows and doors · Simple knee brace · Outlooker · Light earth tone colors · Playful / dark accent APPROPRIATE STYLE ELEMENTS: · Simple 2 story boxed massing with vertical and horizontal breaks · Entry porches with heavy square columns or posts on stone piers · 3~ 12 to4~A 12 roof pitch · 18" to 24" overhangs · Architectural quality asphalt shingles or shingles texture fiat concrete tiles · Basic gable roof side to side or front to back with cross gables · Blended siding and stucco · Light to medium sand finish or California Monterey Finish · Vertically hung upper mullioned windows at front elevation and in high visibility areas Note: The photographs and drawings used to demonstrate a sO,le are meant to be insph'ational and not to be construed as a r/gid formtda for design. SECTION 10.0 DESIGN GUIDELINES EAST COAST TI J)ITIONAL INSPIRATION PHOTO: APPROPRIATE STYLE ELEMENTS: · Plan form massing with a vertical and an horizontal break · 6:12 to 12:12 roofpitch · 18" to 24" overhangs · Concrete roof tile with shingle look · Front to back gable or hip roof with intersecting hip or gable roofs · Blended stucco and siding · Single paned windows at sides and rears · White vinyl wrap aluminum windows · Decorative accent windows ADDITIONAL STYLE ELEMENTS: · Full wood porches and or wood balconies · Simplified versions of Colonial cornice trim at gable ends · 2x6 wood windows and door trim · Garage door patterns complimentary to style · White detailing trims Note: The photographs and drawings used to dentonstrate a sO'lc are meant to be inspirational and not to be construed as a rigid formula for design. Harveston Specific Plan 10-74 SECTION 10.0 DESIGN GUIDELINES MONTEREY INSPIRATION PHOTO: APPROPRIATE STYLE ELEMENTS: · Simple box plan form · Main hip or front to back gable roof front to back at 4:12 to 7:12 and shed roof break over balcony at 3¼ to 4½ 12 roof pitch · 12" to 24" overhangs · Barrel or"S" tile roofs · Fine sand to California Monterey stucc6 finish · Vertical siding accents at gable ends and 2~ floor balcony · Simplified colonial style window and door trim · Single paned windows at sides and rears ADDITIONAL STYLE ELEMENTS: · White vinyl wrap aluminum windows · Wood balcony and railing · Ornate chimney top trim · Round tile attic vents · Garage door patterns complimentary to style · Shutters ' · Whites, painted brick · White or dark brown trims, balconies Note: The photographs and drm*,ings ttsed to dentonstrate a sO,le are meant to be inspirational and not to be construed as a rigid formula for design. Harveston Specific Plan 10-76 e IwIgv~iNI6~.~I,D£CE~,IBER.$P~CIFIC.PLA~'C~REXlS~HARV~TO~C~VI~OlO~ SECTION 10.0 DESIGN GUIDELINES SPANISH COLONIAL INSPIRATION PHOTO: ADDITIONAL STYLE ELEMENTS: · White vinyl wrap aluminum windows · Stucco over foam window and door trim · Arched stucco column porches · Garage door patterns complimentary to style · White tone body with bright accent trim · Dark brown trims APPROPRIATE STYLE ELEMENTS.' · 2 story massing with strong one story element · 4:12 to 5:12 roof pitch · 12" to 18" overhang · Simple hip or gable roof with one intersecting gable roof · Barrel or"S" shape concrete tiles · Fine to light sand finish or light lace finish stlleco · Vertically hung 9 and 12 pan~d windows at front elevation and in high visibility areas · Often ganged in pairs · Single paned windows a! sides and rears Note: The photographs and drawings used to demonstrate a style are meant to be inspirational and not to be construed as a rigid formula for design. Harveston Specific Plan 10-78 SECTION 11.0 DEVELOPMENT STANDARDS Planning Area 3: Medh~m 2 Density Residential, Lake, Lake Park, Paseo Park,'VBlage Green and Mixed Use Overlay Zone Description Hanning Area 3, as depicted in Figure 11.3, Planning Area Detail 3, provides for 35.9 acres of Medium 2 density residential roes. A total of 330 dwelling units are planned at a target density of 9.2 du/ac (Density Range 77.1.3 du/ac). Additionally, a 17.3-acre lake/lake park is planned within Planning Area 3, which also includes ..file Village Club. There is also a 2.0-aere Paseo park proposed which intercepts Planning Area. 2 and co~nneets to me Community Park. There is also a 1.8-acre Village Green within this Plannlng Area. Planning Area ~ proposes a Mixed-Use Overlay zone, which will extend beyond this Planning Area, into planning Areas 4 and 6. This zone will have a variety of uses such as retail, restaurant, and more. The proposed product types for this planning area include small lot single family detached, attached and chster development. Land Use Development Standards Please refer to Zoning Ordinance in this Section of the Specific Plan (see Section 11-4). Hannlng._Standards 1. Access into Planning Area 3 shall be provided from the Village Center Conector, with internal access through Planning Areas 2 and 4. Specific location of the access points shall be determined at the Tentative Map stage (refer to Figure 10.1-12). 2. Please refer to Section 10.0 for specific Design Guidelines and other related design. 3. An 8.4-acre lake shall be provided in planning A.rea 3, surl'ounded by a lake park (refer to Figure 6.4). Landscape treatment shall be provided along the edge of the planning Area boundary and Loop Road (refer to Figure 10.1-8). 5. Special landscaping buffer shall be provided between the Lake/Lake Park and the residential uses (refer to Figures 10.1-14 and 10.1-15). 6. The 2.0-acre Paseo Park shall connect the CommuI~ty Park in Planning Area 1 to the Lake Park (refer to Figures 6.5 and 10.1-13).. 7. A paseo edge landscape treatment shall be provided along the edges of the paseo park (refer to Figures 6.5 and 10.1-13). 8. A lake park trail shall be provided around the lake (continuation of the paseo park trail) (refd~/6Figures 6.4 and 6.5). 9. A Class H bike lane shall be provided along the Loop Road (refor to Figure 10.1-8). 10. A community paseo shall be provided along the outer edge of the Loop Road (refer to Figure 10.1-8). 11. Please refer to the following sections for General Development Standards that apply site-wide: Land Use Plan Circulation Plan Infrastructure Plan Open Space and Recreation Plan Grading Plan Landscaping Plan Harveston Specific Plan REVISED 8/14/01 SECTION IL0 DEVELOPMENT STANDARDS 11.43 Medium 2 (M2) Density Residential Zone (7-13 dwelling nnit$ per acre) Planning Areas 3~ 5~ 9 and 11 The following regulations shall apply in the Medium 2 Density ReSidential: Permitted/Conditionally Permitted Uses Matrix Medium 2 All types of non-commercial horticulture p ChurcheS, synagogues and other similar religious sll'uctures and facilitieS including C incidental useS such as assembly, work rooms, living quarters of a priest, minister or family, and day care and educational facilitieS. Condomlnlum-q p Congregate care residential facilities for the elderly P Day care centers C Duplex (two-family dwellings) P Family day care homes - large, as defined by State law. C Family day care homes - sulall - 6 or fewer P Croup care facilitieS and residential retirement homes, 6 or less people P Home oecupations, provided such occupations are customarily conducted as an P accessory use entirely within a building containing a residential use or attached garage. No outdoor stora~,¢ or uses shall be permitted. Public facilities (Plannln~ P Public and private recreational facilities including, but not limited to: country clubs, P tennis and swim clubs, golf courses, lakes, parks, racquetball and handball, limited commercial useS which are Coaumouly associated and directly related to the primary Public parks and public playgrounds P Rear access p ReSideatial care facilities for the elderly (six or fewer) P Secondar~ dwelling units/granny flats/~uest house P Single family attached p Single family detached (small lots, clustered) P Temporary real eState tract officeS located within a subdivision, to be used only for and P during the original sale of the subdivision, provided a development plan is approved: pursuant to City Ordinance. Trails p Other Uses: Any use that is not specifically listed above may be considered a permitted use provided that the Director of planning finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process, which governs the category in which it falls. Harveaton Specific .Plan SECTION IL0 DEVELOPMENT STANDARDS Develo ment Standards The following standards of development shall apply in the Medium 2 I)ensi~y Residential Zone of planning Areas 3, 5, 9 and 11. Table 11.3 provides a graphic sa~mmary of the following Medium 2 (fyi2) dsv~lopment standards at the end of this section. For ~luster projects within the MI, M2 and High density zoning districts, the development standards for lot sizes and setbacks may be varied by the Director of Planning as long as the duster project falls within the allowed density ranges of the avpcopdaU~ zone district The purpose of this provision is to allow for innovative and alternative homing types around courtyards and common areas. 1. Building height shall not exceed three (3) stories, with a maximum height of forty feet (40'): 2. Minimum residential lot area shall be not less than two thousand (2,000) square feet and the average residential lot area shall be not less than two thousand five hundred (2,500) square feet. 3. Ah-space condomlni~mas are exempt from the minimum lOt size requirements provided that the overall density is consistent with the planning area requirements. 4. Land aoreage located w~thln Landscape Development Zones (LDZ's) shall not be inclhded in area calculations for meeting minimum lot size requirements. 5. The _minimum lot width at the front property line shall'be twenty five feet (25'), with an average lot width of thirty feet (30') and a rr~nlmum lot depth of sixty feet (60'). Lots at the end of oxide- sacs and knuckles may vary from the minimum depth requirement provided a lot provides an adequate area for development. 6. The minimum lot width for a flag lot, eul4e-sae, or knuckle at front property line shall be twenty feet (20'). 7. The minimum lot width at 3equlred fron! setback area shall be thirty feet (30'). 1Vflnlmum yard rcquirgmgllts aI~ as follOws: a. IVi'inimtim front yard - The main building structure setback shall be 10 feet from the - Wo~m'y line. Other portions of a structure including patios, porches and C°unyards may be setback a mlnlm~ll of 3 feet. Front yard setbacks from garage doors to back of sidewalk Shall be a l~]nlmugl of 18 :feet. Building setbacks shall be measured from the property line. b. lvilnimum interior side yard - Variable Side Yard Setbacks: Variable side yard setbacks may be permitted provided the sum of the side yard setbacks is not less than 6 feet and the distance between adjacent structures is not less than 6 feet. For attached units, interior side yard setback shall be reduced to zero feet. c. Vaffable rear yard setbacks: Harveston Specific P/an ' 11-38 REVISED 8/14/01 . . SECTION IL0 DEVELOPlVIENT S ARDS 10. 11. IZ 1) Front loaded: an 8-foot minimum rear setback is permitted in'the M-2 district, provided an average setback of 10 feet shall be maintained. Rear vehicle access: the minimum rear yard $etbacl~ to th~ garage shall be 3 feet and the main structure setback shall be 10' (g~ound floor) and a 3' mlnlmnm with a 5' average setback for second story elements over the garage. At the rear of each lot, a mlnlmllm of 12 square feet of landscaping shall be provided (refer to Figure 11.13). d. The comer side yard shall not be 1,ess than ten feet (10') 1V[inlmum yard requirements in the Mixed Use Overhy zone may be waived or altered by the Director of Planning in order to achieve the mix of uses, building scale and design elements, as described in Section 11.4.5. The of planning Commission may approve modifications to these shaudards up to 15% for innovative and quality designs that meet the intent of the provisions for this Specific Plan (refer to Section 11.5 of this document). Parking. A mlnln'nlm of two (2) enclosed spaces shal! be provided per unit/lot. Enclosures shall comply with all yard requirements. Fences and Walls. Fences and walls shall be permitted within front, side, and rear yard set back areas except as provided for below: a. Fences may not be erected within either public or private street rights-of-way. bo Co Wherever fencing is visible from public view, the finished side of the fencing shall be exposed to public view. No fence or wall shall exceed six feet (63 in height, unless a higher wall is sPeCifically required for sound attenuation purposes. The height of the fence or wall shall be measured from the highest ground level immediately adjacent t6 the Fase of the wall. 'd. Privacy walls, if lnOvided in side and rear yards, shall be a minimul~ of five feet (5~ in height eo In front yard set back areas, solid fences and walls shall not exceed thirty inches (30") in height; provided, however, that fences and walls up to six feet (6~ in height are permitted in front yards if the area above thirty inches (30") is no more than thin'y percent (30%) solid. L All pool enclosure fencing shall conform to applicable State of California or City of Tea~cula pool code fencing requirements, whichever is more stringent. For religious institutions and community facilities in Planning Area 9 supplemental landscaping, screening and buffering shall be required adjasent to residential uses. The Director of Planning shall determine the adequacy of this requirement. Harve~ton Specific Plan 11-39 SECTION I1.0 DEVELOPMENT STANDARDS TABL~ 11.3 sUMMARy DEVI~OPM~NT STANDARDS FOR M2 (MEx)IUM D~l~srl~ RI~IDI~VI'I~ 7.13 DU's/AC - ZONE Minimum Lot Area Per Dwelling Unit 2,000 Average Lot Area Per Dwellin~ Unit 2,500 Dw~llin~ Units Per N~t Acr~ 7 - 13 2,OT DIMENSIONS Minimum Lot Width at Front Property Line 2~ Minimtlm Lot Width for a Flag Lot, cul-de-sac, or knuckle at Fron 20 Prop~ Linc IV[in|mum Lot Width at Required Front Setback Area 30 Average Lot Width 30 Minlmnm Lot Depth 60 ]v~inlmum FroBt Yard Variable* Minimum Corner $id¢ Yard Variable* Minimum ]nte~or Side Yard Variable* Minimum Rear Yard Variable* *Refe~ to Pag~ 11-38 for specific setback requirements. FRONT LOADED RE~ ACCESS 3' MINIMUM I"! ; PA'nOS, PO~CHES ' ' I AND COURTYARDS REVISED 8114101 ITEM #4 Date of Meeting: STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION December 3, 2003 Prepared by: Sheila M. Powers Title: Associate Planner File Number PA03-0432, 0433, 0435, 0436 Application Type: Development Plan (Product Review) Project Description: Four product reviews within the Harveston Specific Plan [(Tracts 30668, 30668-1, 30669-1 (Sarasota); 30667, 30667-2 (Chatham); 30667-1, 30667-3 (St. Augustine); 30668-2, & 30669-2 (Auburn Ln.)] generally located south of Harveston Lake, north of LooP Rd. and east of Loop Road. Recommendation: [] Approve with Conditions (Check One) [] Deny [] Continue for Redesign [] Continue to: [] Recommend Approval with Conditions [] Recommend Denial CEQA: CEQA [] Categorically Exempt Section 15162 (Check One) [] Negative Declaration [] Mitigated Negative Declaration with Monitoring Plan [] EIR PROJECT DATA SUMMARY: Applicant: Lennar Homes Completion Date: August 8, 2003 Mandatory Action Deadline Date: December 8, 2003 General Plan Designation: Medium Zoning Designation: SP-13: Sarasota, Chatham, St. Augustine, and Auburn Lane R:'xD Pu2003\03-0432 Harveston Sarasota Product ReviewXStaff Report~COA'xPC Staff Rpt Continuance dec 3 2003.dot 1 Site/Surrounding Land Use: Site: Four product reviews within the Harveston Specific Plan [(Tracts 30668, 30668-1, 30669-1 (Sarasota); 30667, 30667-2 (Chatham); 30667- 1, 30667-3 (St. Augustine); 30668-2, & 30669-2 (Auburn Ln.)] North: Vacant South: Vacant East: Vacant West: Vacant BACKGROUND SUMMARY: Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. (or) Staff has worked with the applicant to ensure that all concerns have been addressed, however, the following issues have not been resolved to the satisfaction to staff. PROJECT DESCRIPTION There are four product reviews being proposed: PA 03-0432 (Sarasota), PA 03-0433 (Chatham), PA 03-0435 (St. Augustine), and PA 03-0436 (Auburn Ln.). Following is a description of each product review: SARASOTA: Product review of 109-1ot single-family residential subdivision part of phase 2 of the Harveston Specific Plan Planning Area 2. Consists of three (3) architectural styles for three (3) floor plans. Plan One is 1,890 square foot single story residence. Plan Two is a 2,430 square foot two-story residence. Plan Three is a 2,535 square foot two-story residence. This product review offers Cottage, Craftsman, and Spanish Colonial architectural styles. CHATHAM: Product review of a 78-1ot single-family residential subdivision, phase 2 of the Harveston Specific Plan Planning Area 1. Consists of five (5) architectural styles for three (3) floor plans. Plan One is 2,517 single story residence. Plan Two is a 3,292 square foot two-story residence. Plan Three is a 3,601 two-story residence. This product review offers American Farmhouse, Colonial, Cottage, East Coast Traditional, and Spanish Colonial architectural styles. ST. AUGUSTINE: Product review of a 93-1ot single-family residential subdivision in phase 2 of the Harveston Specific Plan Planning Area 1. Consists of four (4) architectural styles for three (3) floor plans. Plan One is 2,774 square foot two-story residence. Plan Two is a 3,046 square foot two-story residence. Plan Three is a 3,601 square foot two-story residence. This product review offers American Farmhouse, Cape Cod, Italianate, and R:'~D P'x2003\03-0432 Harvcsl~a Sarasota Product Review~Staff Report-COA~FC Staff Rpt Contlnuaace dec 3 2003.dot 2 Spanish Colonial architectural styles. AUBURN LANE: Product review of a 119-1ot single-family residential subdivision in phase 2 of the Harveston Specific Plan Planning Area 2. Consists of three (3) amhitectural styles for three (3) floor plans. Plan One is 1,767 square foot two-story residence. Plan Two is a 1,913 square foot two-story residence. Plan Three is a 2,112 square foot two-story residence. This product review offers Cottage, Craftsman, and Spanish Colonial architectural styles. The application proposes a total of eight (8) architectural styles (American Farmhouse, Cape Cod; Colonial, Cottage, Craftsman, East Coast Traditional, Italianate, and Spanish Colonial) and three (3) floor plans. The following table provides a description of each floor plan: PRODUCT REVIEW PLAN STYLE OFFERED PROPOSED DETAILS American Chatham; St. Simple plan form massing & simple roof Farmhouse Augustine design; front to back main gable roof; 12" overhangs; composition shingles; blended siding & stucco; single hung windows at front; simple wood columns w/knee braces at porch; 2x4 wood window & door trim Cape Cod St. Augustine Simple plan form massing w/simple roof design; porch w/double wood columns; front to back main gable roof; 12" overhangs; smooth flat concrete tiles; blended siding & stucco; vertical multi-parted windows Colonial Chatham Simple plan form massing & simple roof design; front to back dominant gable w/intersecting gable roof; 12" overhangs; flat concrete tiles; blended siding & stucco; vertical multi-paned windows at front elevation; 2x4 wood window & door trim; entry porch w/simply trimmed wood column; wood shutters; brick veneer at porch Cottage Sarasota; Chatham; Main roof hip w/intersecting gable roof; 6:12 Auburn Ln. roof pitch; 12" overhangs; 2x6 rafter tails; flat concrete tiles; sand finish stucco; recessed shingle hung windows at front; horizontal siding accent at gable end; shutters and wood potshelves Craftsman Sarastoa;.Auburn Window accent per style; traditional shutter accent; siding accent at gable end with beam & knee brace; trim accent; column accent; shingle siding accent; stone accent; flat concrete tile with a roof pitch of 4:12; 2x8 fascia w/18" eave & 12" rake; 2x stucco trim; plumb cut rake ends; paneled garage door; R:XD Px2003\03-0432 Harveston Sarasota Product Review~Staff Report-COA~PC Staff Rpt Continuance dec 3 2003.dot 3 accent lighting PRODUCT REVIEW PLAN STYLE OFFERED PROPOSED DETAILS East Coast Chatham Plan form massing w/a vertical & horizontal Traditional break; 6:12 roof pitch; composition shingles; 12" to 18" overhangs; blended siding & stucco; multi-paned windows at front elevation; full wood porch & balcony; header window wood accent trim; square column w/trim; wood shutters Italianate St. Augustine 2-story massing w/vertical break at entry; main hip roof w/minor intersecting hip roofs; 4:12 roof pitch; stucco eaves; "S" shaped concrete tiles; vertically hung windows; selected windows paired; arched top accent windows Spanish Eclectic Sarasota; Chatham; St. Recessed theme window; stucco eave accent (Colonial) Augustine; Auburn Ln. at gable end; window accent per style; rustic shutter accent; tile accent at gable end; "S" Iow profile concrete tile roof with 4:12 pitch; 2x8 fascia w/12" eave & 6' rake; 2x stucco trim; plumb cut rake ends; paneled garage door; accent lighting ANALYSIS Staff has reviewed the applications and has conditioned them to be consistent with the Design Guidelines of the Harveston Specific Plan. Please refer to Attachment 3, the Design Guidelines, of the Harveston Specific Plan. The design intent and elements proposed by the applicant include architecturally forward residences, a variety of garage placement, eight different amhitectural styles a variety of roof heights and pitches, pedestrian connections and variable lot setbacks. These elements are consistent with the requirements of the design guidelines in the Harveston Specific Plan amhitectural styles. Below is a table analyzing each Product Review proposal. PRODUCT ARCHITECTURAL ARCHITECTURAL CHARACTERISTICS REVIEW STYLE Sarasota · COTTAGE: Main roof hip w/intersecting gable roof; 6:12 roof pitch; 12" overhangs; 2x6 rafter tails; flat concrete tiles; sand finish stucco; recessed shingle hung windows at front; horizontal siding accent at gable end; shutters and wood potshelves. R:XD P~2003\03-1M32 Ha~weston Sarasola Product Rcviewkgtaff Report-COA~C Staff Rpt Continuance dec 3 2003.dot 4 PRODUCT ARCHITECTURAL ARCHITECTURAL CHARACTERISTICS REVIEW STYLE Sarasota Cottage, · CRAFTSMAN: Window accent per style; Craftsman, traditional shutter accent; siding accent at gable Spanish Colonial end with beam & knee brace; trim accent; column accent; shingle siding accent; stone accent; flat concrete tile with a roof pitch of 4:12; 2x8 fascia w/18" eave & 12" rake; 2x stucco trim; plumb cut rake ends; paneled garage door; accent lighting. Sarasota Staff recommends that the additional architectural features be utilized: less stucco and more siding, columns be more broad at the base, entry porches with heavy square columns or posts on stone piem, basic gable roof side to side or front to back with cross gables, 18"-24" overhangs, and more variation in roof form. · SPANISH COLONIAL: Recessed theme window; stucco eave accent at gable end; window accent per style; rustic shutter accent; tile accent at gable end; "S" Iow profile concrete tile roof with 4:12 pitch; 2x8 fascia w/12" eave & 6" rake; 2x stucco trim; plumb cut rake ends; paneled garage door; accent lighting. Staff recommends that the additional architectural features be utilized: No square windows, windows and garage door entryway to be amhed, more use of wrought iron, scones, and/or decorative tiles, more variation in roof form · Applicant should refer to the Phase One approval of Product "D" for more clarification Chatham Cottage, East · COTTAGE: Main roof hip w/intersecting gable Coast Traditional, roof; 6:12 roof pitch; 12" overhangs; 2x6 rafter Spanish Colonial tails; flat concrete tiles; sand finish stucco; recessed shingle hung windows at front; horizontal siding accent at gable end; shutters and wood potshelves. Staff recommends that the additional architectural features be utilized: swooping roof at the front elevation and potshelves. R:~D P~2003\03-0432 Harveston Sarasota Product Rcview~Staff Report-COAh~C Staff Rpt Continuance dec 3 2003.dot 5 PRODUCT ARCHITECTURAL ARCHITECTURAL CHARACTERISTICS REVIEW STYLE Chatham Cottage, East · EAST COAST TRADITIONAL: Plan form Coast Traditional, massing w/a vertical & horizontal break; 6:12 roof Spanish Colonial pitch; composition shingles 12" to 18" overhangs; blended siding & stucco; multi-paned windows at front elevation; full wood porch & balcony; header window wood accent trim; square column w/trim; wood shutters. Staff recommends that the additional architectural features be utilized: more variation in roof pitches (6:12 to 12:12), front to back gable or hip roof with intersecting hip or gable roofs, single paned windows at sides and rears, 18"-24" overhangs as opposed to 12"-18", decorative accent windows, dormers, concrete roof tile with shingle look, and wood shutters. · SPANISH COLONIAL: Recessed theme window; stucco eave accent at gable end; window accent per style; rustic shutter accent; tile accent at gable end; "S" Iow profile concrete tile roof with 4:12 pitch; 2x8 fascia w/12" eave & 6" rake; 2x stucco trim; plumb cut rake ends; paneled garage door; accent lighting. Staff recommends that the additional architectural features be utilized: No square windows, windows and garage door entryway to be arched, more use of wrought iron, scones, and/or decorative tiles, more variation in roof form. Applicant should refer to the Phase One approval of Product "D" for more clarification. St. Augustine American · AMERICAN FARMHOUSE: Simple plan form Farmhouse, Cape massing & simple roof design; 5:12 roof pitch; Cod, Italianate, front to back main gable roof; 12" overhangs; Spanish Colonial composition shingles; blended siding & stucco; single hung windows at front; simple wood columns w/knee braces at porch; 2x4 wood window & door trim. Staff recommends that the additional architectural features be utilized: 6:12 to 9:12 roof pitch, front to back main gable roof, and vertical multi-paned windows at front elevations and in high visibility public view areas. Applicant should refer to the Phase One approval of Product "B" for more clarification. R:XD Px2003\03-0432 Harveston Sarasota Product Review~Staff Report-COA~PC Staff Rpt Continuance dec 3 2003.dot 6 PRODUCT ARCHITECTURAL ARCHITECTURAL CHARACTERISTICS REVIEW STYLE St. Augustine American · CAPE COD: Simple plan form massing w/simple Farmhouse, Cape roof design; porch w/double wood columns; front Cod, Italianate, to back main gable roof; 12" overhangs; smooth Spanish Colonial flat concrete tiles; blended siding & stucco; vertical multi-paned windows. Staff recommends that the additional architectural features be utilized: 5:12 to 7:12 roof pitch, 12" to 18" roof overhang, single paned windows on sides and rears, additional siding and 2x4 wood window trim surrounds. Applicant should refer to the Phase One approval of Product "F" for more clarification. · ITALIANATE: 2-story massing w/vertical break at entry; main hip roof w/minor intersecting hip roofs; 4:12 roof pitch; stucco eaves; "S" shaped concrete tiles; vertically hung windows; selected windows paired; arched top accent windows. · SPANISH COLONIAL: Recessed theme window; stucco eave accent at gable end; window accent per style; rustic shutter accent; tile accent at gable end; "S" Iow profile concrete tile roof with 4:12 pitch; 2x8 fascia w/12' eave & 6" rake; 2x stucco trim; plumb cut rake ends; paneled garage door; accent lighting. Staff recommends that the additional architectural features be utilized: No square windows, windows and garage door entryway to be arched, more use of wrought iron, scones, and/or decorative tiles, more variation in roof form. Applicant should refer to the Phase One approval of Product "D' for more clarification Auburn Lane Cottage, · COTTAGE: Main roof hip w/intersecting gable Craftsman, roof; 6:12 roof pitch; 12" overhangs; 2x6 ratter Spanish Colonial tails; flat concrete tiles; sand finish' stucco; recessed shingle hung windows at front; horizontal siding accent at gable end; and shutters. Staff recommends that the additional architectural features be utilized: swooping roof at the front elevation, more roof variation, entry accent with real stone, and potshelves. R:~D P~2003\03-0432 Harveston Sarasota Product Review\Staff Report-COA~PC Staff Rpt Continuance dec 3 2003.dot 7 PRODUCT ARCHITECTURAL ARCHITECTURAL CHARACTERISTICS REVIEW STYLE Auburn Lane Cottage, · CRAFTSMAN: Window accent per style; Craftsman, traditional shutter accent; siding accent at gable Spanish Colonial end with beam & knee brace; trim accent; column accent; shingle siding accent; stone accent; flat concrete tile with a roof pitch of 4:12; 2x8 fascia w/18" eave& 12" rake; 2x stucco trim; plumb cut rake ends; paneled garage door; accent lighting. Staff recommends that the additional architectural features be utilized: less stucco and more siding, columns be more broad at the base, entry porches with heavy square columns or posts on stone piers, basic gable roof side to side or front to back with cress gables, 18"-24" overhangs, and more variation in roof form. · SPANISH COLONIAL: Recessed theme window; stucco eave accent at gable end; window accent per style; rustic shutter accent; tile accent at gable end; "S" Iow profile concrete tile roof with 4:12 pitch; 2x8 fascia w/12" eave & 6" rake; 2x stucco trim; plumb cut rake ends; paneled garage door; accent lighting. Staff recommends that the additional architectural features be utilized: No square windows, windows and garage door entryway to be arched, more use of wrought iron, scones, and/or decorative tiles, no wrought iron shall be installed over windows, more variation in roof form. Applicant should refer to the Phase One approval of Product "D" for more clarification Garaqe Placement All four (4) product reviews are considered "architectural-forward" which are strongly encouraged by the design guidelines in the Harveston Specific Plan. Garages can be accessed through the porte cocheres or off the street. The homesites have been dimensioned to allow the "living" portions of the residence to be pulled forward on the lot so that active, articulated architecture can visually dominate the street scene, rather than have the garages dominate the street scene. Entryways have been designed off the street as well as an angle to show a variety at the front elevation of the residence. Massinq The proposal gives careful attention not to create massive structures by stepping back second stories and having a number of varying roof planes. A sense of variety for single story elements can be seen with the use of covered porches and covered entryways leading to the residence. Window trim, accent vents, shutters, additional siding, additional roof ridges, and amhed doorways have been incorporated on the enhanced plans for public view as required by the design guidelines of the Harveston Specific Plan. R:'~D Px2003\03-0432 Harveston Sarasota Product Review~Staff Report~COA'd~C Staff Rpt Continuance dec 3 2003.dot 8 Buildinq Materials Building materials and colors have been incorporated to match the proposed architectural style. Each architectural style has 2-3 siding, roof and stucco color to choose from. All materials and colors that have been proposed by the applicant have been found to be consistent with the Harveston Specific Plan. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review. (Class, name, type) (or) The proposed project has been determined to be consistent with the previously approved Harveston Specific Plan (EIR) and is exempt from further Environmental Review (CEQA Section 15162 sub,sequent EIR's and Negative Declarations). CONCLUSION/RECOMMENDATION: Staff recommends that the Planning Commission make the following findings as required in Section 17.05.010 F of the Temecula Municipal Code. FINDINGS Staff recommends the following findings as required in Section 17.05.010 F of the Temecula Municipal Code. A. The proposed use is in conformance with the general plan for Temecula and with all ATrACHMENTS 2. 3. 4. 5. 6. 7. applicable requirements of state law and other ordinances of the city. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The proposal is consistent with the Goals, and Objectives of the Harveston Specific Plan. Plan Reductions - Blue Page 10 PA03-0432 - PC Resolutions No. 2003- PA03-0433 - PC Resolutions No. 2003- PA03-0435 - PC Resolutions No. 2003- PA03-0436 - PC Resolutions No. 2003- - Blue Page 11 - Blue Page 12 - Blue Page 13 - Blue Page 14 Harveston Specific Plan Design Guidelines- Blue Page 15 Approved Phase One Architectural Styles - Blue Page 16 R:~D P~2003~03-0432 Harveston Sarasota Product Review~Staff Report~COA~FC Staff Rpt Continuance dec 3 2003.dot 9 ATTACHMENT NO. 1 PLAN REDUCTIONS R:kD P~2003\03-0432 Ha~eston Sarasota Product Review~Staff Repo~~COA~C Staff Rpt Continuance dec 3 2003.dot 10 ~7 . <~ ~i Z 0 0 FTM >. X x 'i · "I I I.~!l 0 0 ® FT~ m m ® ® ® I z~ m :lTl FT1 m r-n m m ® ;I-FI z ® ® z FTq Eli :m I-T1 F1-1 III ® III o .. '"'R 0 z~~ << ~z~ X ,J ,I ~ :~cJ~H~ NOIG~A,~VH ,~ IID~ ~k.+ + / / i ! ~ I i : i I ~n Z _= %-- Ii ~< X m m -r [ .:/ [llllli I,, Iii .i.il !id:l! Iii ,I ,bi,P, 'i Ii! :ill l- I :I--, / Z < Zz O~ 0 0 ~ 0 ~ < Z < Z .< Z < ~ 0 o o ~ 02 o _/ 0 _/ l < Z~ ~0 I! IL I-- i ,I ATFACHMENT NO. 2 PA03-0432 - PC RESOLUTION NO. 2003- R:~D PX2003~03-0432 Harveston Samsota Product ReviewXStaff Report.42OAh~C Staff Rpt Continuaace dec 3 2003.dot 11 PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0432 PRODUCT REVIEW OF A 109-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION (SARASOTA, PHASE 2 OF THE HARVESTON SPECIFIC PLAN PLANNING AREA 2). WHEREAS, Lennar Homes filed Planning Application No. PA03-0432 (the "Application") in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on December 3, 2003, at a duty noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. That the Planning Commission, in approving the Application, hereby recommends the following findings as required in Section 17.05.010 F of the Temecula Municipal Code. A. The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed single-family homes are permitted in the Medium Density land use designation standards contained in the Harveston Specific Plan and the City's Development Code. The project is also consistent with the Medium land use designation contained in the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type and density of the residential development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, and fire and building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. R:\D P~003\03-0432 Harveston Sarasota Product Review\Staff Report-COA\PC Resolution.DOC The overall design of the single-family residences, including the site, building, and other associated site improvements, is consistent with, and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Plan. C. The proposal is consistent with the Goals, and Objectives of the Harveston Specific The overall design of the single-family residences are consistent with the design guidelines as set forth in the Harveston Specific Plan Sections 10.0 through 11.0. Section 3. Environmental Compliance. The proposed project has been determined to be consistent with the previously approved Harveston Specific Plan (EIR) and is exempt from further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations). Section 4. Conditions. The Planning Commission of the City of Temecula approves the application (PA 03-0432) a product review of a 109-1ot single-family residential subdivision (Sarasota, Phase 2 of the Harveston Specific Plan Planning Area 2) for all of the foregoing reasons and subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 3rd day of December 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary [SEAL] R:~D P~003\03-0432 Harveston Sarasota Product Review\Staff Report-COA\PC Resolution,DOC 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certifythat PC Resolution No. 2003- was duly and regularly adopted by the Planning Commission of the City of Temecuta at a regular meeting thereof held on the 3rd day of December 2003, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\D P~003\03-0432 Harveston Sarasota Product Review\Staff Report-COA\PC Resolution.DOC 3 EXHIBIT A CONDITIONS OF APPROVAL R:~D P~003~03-0432 Harveston Sarasota Product Review~Staff Report~COA~PC Resolution. DOC 4 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA03-0432 (Development Plan) Project Description: A request for Product Review and approval of three model types and associated elevations within the Harveston Specific Plan Planning Area 2 to be constructed on 109 lots within Tracts 30668, 30668-1, & 30669-1 (Lennar Homes) DIF: Per Development Agreement Approval Date: December 3, 2003 Expiration Date: December 3, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its R:\D P~2003\03-0432 Harveston Sarasota Product Review\Staff RepoH~COA\PC Resolution.DOC 5 officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. Building elevations shall substantially conform to the approved Exhibits, including elevations, floor plans, landscaping plans, hardscape plans, and plotting plan, contained on file with the Planning Department or as amended by these changes. The colors and materials (including lighting) for this project shall substantially conform to the approved colors and materials contained on file with the Planning Department. Any deviation from the approved colors and materials shall require approval of the Director of Planning. This approval is for product review only and shall in no way limit the city or other regulatory or service agencies from applying additional requirements and/or conditions consistent with applicable policies and standards upon the review of grading, building and other necessary permits and approvals for the project. The Development Code requires double garages to maintain a minimum clear interior dimension of 20' x 20'. This shall be clearly indicated on the plans prior to the issuance of building permits for the project. Interior dimensions are measured from the inside of garage wall to the opposite wall, steps, landing, equipment pedestals, bollards or any similar type feature. When the top of the stem wall is more than 8" above the garage floor, the required dimension is measured from the inside edge of the stem wall. Applicant shall obtain the proper permits before construction, including Encroachment Permit from the Public Works Department for any work done in the City right-of-way, and Building Permit from the Building and Safety Department. 9. Fire Hydrants shall be installed prior to the start of any construotion at the site. 10. Driveway widths shall comply with the driveway width requirements per City Standards. In order to allow for adequate street parking, the driveway w~dths at curbs w'll be rm'ted to 24' maximum. Prior to the Issuance of Grading Permits 11. The applicant shall submit a Grading Plan, subject to the review and approval of the Planning Department. 12. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. R:~D P~003\03-0432 Harveston Sarasota Product Review\Staff Report-COA~PC Resolution.DOC 6 13. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints of the Color and Materials Boards and of the colored version of the approved colored architectural elevations to the Planning Department for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 14. The applicant shall comply with standards conditions and requirements set forth in the Harveston Specific Plan, Mitigation Monitoring Program, conditions of approval for PA00- 0295 (Tract 29639), the Development Agreement between the City of Temecula and Harveston Specific Plan. 15. The applicant shall submit mailbox elevations and a plot plan clearly indicating the location of each mailbox area. Mailbox type and location shall be subject to the approval of the Postmaster and Planning Director. 16. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval. These plans shall conform substantially with the approved Attachment 1, or as amended by any other related conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identifythe total square footage of the landscaped area for the site. Additionally, the following revisions shall be made to the landscape construction drawings prior to issuance of building permits: a. Myoporum pacificum shall be deleted from the plant legend of the landscape plans. 17. Prior to construction of the Model Home complex, the applicant shall apply for a Model Home complex permit. 18. Precise Grading Plans consistent with the approved rough grading plans, plotting plan, structural setback measurements shall be submitted and approved. 19. The developer shall demonstrate to the Planning Director that all homes will have double paned windows with at least a 25 STC rating installed to reduce noise from occasional aircraft over flights. 20. The developer shall provide proof that construction debris, including but not limited to lumber, asphalt, concrete, sand, paper and metal is recycled through the City's solid waste hauler, subject to the approval of the Community Services Department. 21. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing, Mechanical and Fire Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 22. Obtain all building plans and permit approvals prior to commencement of any construction work. 23. A pre-construction meeting is required with the building inspector prior to commencement of any construction or inspections. R:~D P~2003\03-0432 Harveston Sarasota product Review\Staff Report-COA\PC Resolution. DOC 7 24. Provide appropriate stamp of a registered professional with original signature on plans and structural calculations submitted for plan review. 25. Provide electrical plan including load calculations and panel schedule for plan review. 26. Schematic plumbing plans, electrical plan and load calculations, along with mechanical equipment and ducting plans shall be submitted for plan review stamped and original signed by an appropriate registered professional. 27. Obtain street addresses from the Building Official prior to submittal of plans for plan review. 28. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside county Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday: 6:30 a.m. - 6:30 p.m. Saturday: 7:00 a.m.- 6:30 p.m. No work is permitted on Sunday or Government Holidays Prior to the Issuance of Occupancy Permits 29. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 30. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the applicant shall release the bond upon request. 31. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project. 32. Front yard and slope landscaping, hardscaping and fencing within individual lots shall be completed for inspection prior to issuance of each occupancy permit (excluding model home complex structures). 33. The developer shall submit proof that all local refuse generators have been provided with written information about opportunities for recycling and waste reduction (i.e. buyback centers, curbside availability), subject to the approval of the Public Works and Community Services Departments. R:~D P~2003\03-0432 Harveston Sarasota Product Review\Staff Report-COA\PC Resolution. DOC 8 34. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I fudher understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Commission approval. Applicant's Signature Date R:\D P~.003\03-0432 Harveston Sarasota Product Review\Staff Repod~COA\PC Resolution. DOC 9 ATTACHMENT NO. 3 PA03-0433 - PC RESOLUTION NO. 2003- R:XD PX2003~03-0432 Harveston Sarasota Product Review~Staff Report-COA~,PC Staff Rpt Continuance dec 3 2003.dot 12 PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0433 PRODUCT REVIEW OF A 78-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION (CHATHAM, PHASE 2 OF THE HARVESTON SPECIFIC PLAN PLANNING AREA 1). WHEREAS, Lennar Homes filed Planning Application No. PA03-0433 (the "Application") in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on December 3, 2003, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. That the Planning Commission, in approving the Application, hereby recommends the following findings as required in Section 17.05.010 F of the Temecula Municipal Code. A. The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed single-family homes are permitted in the Medium Density land use designation standards contained in the Harveston Specific Plan and the City's Development Code. TheprojectisalsoconsistentwiththeMediumlandusedesignationcontainedinthe General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type and density of the residential development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, and fire and building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the single-family residences, including the site, building, and other R:\D P~003\03-0433 Harveston Chatham Product Review\Staff Rpt~COA\PC Resolution-COA.DOC associated site improvements, is consistent with, and intended to protect the health and safety of these working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. C. The proposal is consistent with the Goals, and Objectives of the Harveston Specific Plan. The overall design of the single-family residences is consistent with the design guidelines as set forth in the Harveston Specific Plan Sections 10.0 through 11.0. Section 3. Environmental Compliance. The proposed project has been determined to be consistent with the previously approved Harveston Specific Plan (EIR) and is exempt from further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations). Section 4. Conditions. The Planning Commission of the City of Temecula approves the application (PA 03-0433) a product review of a 78-1ot single-family residential subdivision (Chatham, Phase 2 of the Harveston Specific Plan Planning Area 1 ) for all of the foregoing reasons and subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 3rd day of December 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary [SEAL] R:\D P~003\03-0433 Harveston Chatham Product Review~Staff Rpt~COA\PC Resofution-COA.DOC 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certifythat PC Resolution No. 2003- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd day of December, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:~D P~003\03-0433 Harveston Chatham Product Review\Staff Rpt~COA\PC Resolulion-COA.DOC 3 EXHIBIT A CONDITIONS OF APPROVAL R:~D P~2003~3-0433 Harveston Chatham Product Review~Staff Rpt-COA~PC Resolufion~COA.DOC 4 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA03-0433 (Development Plan) Project Description: A request for Product Review and approval of three model types and associated elevations within the Harveston Specific Plan Planning Area I to be constructed on 78 lots within Tracts 30667 & 30667-2 (Lennar Homes) DIF: Per Development Agreement Approval Date: December 3, 2003 Expiration Date: December 3, 2005 PLANNING DEPARTMENT Within 1. Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Ptanning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnity, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its R:\D P~003\03-0433 Harveston Chatham Product Review\Staff Rpt-COA~PC Resolution~COA.DOC 5 officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. Building elevations shall substantially conform to the approved Exhibits, including elevations, floor plans, landscaping plans, hardscape plans, and plotting plan, contained on file with the Planning Department or as amended by these changes. The colors and materials (including lighting) for this project shall substantially conform to the approved colors and materials contained on file with the Planning Department. Any deviation from the approved colors and materials shall require approval of the Director of Planning. This approval is for product review only and shall in no way limit the city or other regulatory or service agencies from applying additional requirements and/or conditions consistent with applicable policies and standards upon the review of grading, building and other necessary permits and approvals for the project. The Development Code requires double garages to maintain a minimum clear interior dimension of 20' x 20'. This shall be clearly indicated on the plans prior to the issuance of building permits for the project. Interior dimensions are measured from the inside of garage wall to the opposite wall, steps, landing, equipment pedestals, bollards or any similar type feature. When the top of the stem wall is more than 8" above the garage floor, the required dimension is measured from the inside edge of the stem wall. Applicant shall obtain the proper permits before construction, including Encroachment Permit from the Public Works Department for any work done in the City right-of-way, and Building Permit from the Building and Safety Department. 9. Fire Hydrants shall be installed prior to the start of any construction at the site. 10. Driveway widths shall comply with the driveway width requirements per City Standards. In order to allow for adequate street parking, the driveway widths at curbs will be limited to 24' maximum. Prior to the Issuance of Grading Permits 11. The applicant shall submit a Grading Plan, subject to the review and approval of the Planning Department. 12. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. R:\D P~2003\03-0433 Harveston Chatham Product Review\Staff Rpt-COA\PC Resolution-COA. DOC 6 13. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints of the Color and Materials Boards and of the colored version of the approved colored architectural elevations to the Planning Department for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 14. The applicant shall comply with standards conditions and requirements set forth in the Harveston Specific Plan, Mitigation Monitoring Program, conditions of approval for PA00- 0295 (Tract 29639), the Development Agreement between the City of Temecula and Harveston Specific Plan. 15. The applicant shall submit mailbox elevations and a plot plan clearly indicating the location of each mailbox area. Mailbox type and location shall be subject to the approval of the Postmaster and Planning Director. 16. Three (3) copies of Construction Landscaping and irrigation Plans shall be submitted to the Planning Department for approval. These plans shall conform substantially with the approved Attachment 1, or as amended by any other related conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identifythe total square footage of the landscaped area for the site. Additionally, the following revisions shall be made to the landscape construction drawings prior to issuance of building permits: a. Myoporum pacificum shall be deleted from the plant legend. b. Street trees on Chatham shall be coordinated with the park street trees to the west. 17. Prior to construction of the Model Home complex, the applicant shall apply for a Model Home complex permit. 18. Precise Grading Plans consistent with the approved rough grading plans, plotting plan, structural setback measurements shall be submitted and approved. 19. The developer shall demonstrate to the Planning Director that all homes will have double paned windows with at least a 25 STC rating installed to reduce noise from occasional aircraft over flights. 20. The developer shall provide proof that construction debris, including but not limited to lumber, asphalt, concrete, sand, paper and metal is recycled through the City's solid waste hauler, subject to the approval of the Community Services Department. 21. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing, Mechanical and Fire Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 22. Obtain all building plans and permit approvals prior to commencement of any construction work. R:\D P~003\03-0433 Harveston Chatham Product Review\Staff RpI~COA\PC Resolution~COA.DOC 7 23. A pre-construction meeting is required with the building inspector prior to commencement of any construction or inspections. 24. Provide appropriate stamp of a registered professional with original signature on plans and structural calculations submitted for plan review. 25. Provide electrical plan including Icad calculations and panel schedule for plan review. 26. Schematic plumbing plans, electrical plan and Icad calculations, along with mechanical equipment and ducting plans shall be submitted for plan review stamped and original signed by an appropriate registered professional. 27. Obtain street addresses from the Building Official prior to submittal of plans for plan review. 28. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside county Ordinance No. 457.73, for any site within one- quarter mi~e of an occupied residence. Monday-Friday: 6:30 a.m. - 6:30 p.m. Saturday: 7:00 a.m.- 6:30 p.m. No work is permitted on Sunday or Government Holidays Prior to the Issuance of Occupancy Permits 29. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 30. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the applicant shall release the bond upon request. 31. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project. 32. Front yard and slope landscaping, hardscaping and fencing within individual lots shall be completed for inspection prior to issuance of each occupancy permit (excluding model home complex structures). 33. The developer shall submit proof that all local refuse generators have been provided with written information about opportunities for recycling and waste reduction (i.e. buyback centers, curbside availability), subject to the approval of the Public Works and Community Services Departments. R:~D P~003\03-0433 Harveston Chatham Product Review\Staff Rpt~COA\PC Resoluflon-COA. DOC 8 34. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Commission approval. Applicant's Signature Date R:\D P~003\03-0433 Harveston Chatham Product Review\Staff Rpt~COA\PC Resolution~COA.DOC 9 ATTACHMENT NO. 4 PA03-0435 - PC RESOLUTION NO. 2003- R:XD P~2003\03-0432 ttarveston Sarasota Product Review~Staff Report~COA~UC Staff Rpt Continuance dec 3 2003.dot 13 PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0435 PRODUCT REVIEW OF A 93-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION (ST. AUGUSTINE, PHASE 2 OF THE HARVESTON SPECIFIC PLAN PLANNING AREA 1) WHEREAS, Lennar Homes filed Planning Application No. PA03-0435 (the "Application") in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on December 3, 2003, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. That the Planning Commission, in approving the Application, hereby recommends the following findings as required in Section 17.05.010 F of the Temecula Municipal Code. A. The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed single-family homes are permitted in the Medium Density land use designation standards contained in the Harveston Specific Plan and the City's Development Code. The project is also consistent with the Medium land use designation contained in the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type and density of the residential development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, and fire and building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. R:\D P~003~03-0435 Harveston St. Augustine Product ReviewS. Staff Rpts-COA's\PC Resolution-COA,DOC 1 The overall design of the single-family residences, including the site, building, and other associated site improvements, is consistent with, and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. C. The proposal is consistent with the Goals, and Objectives of the Harveston Specific Plan. The overall design of the single-family residences are consistent with the design guidelines as set forth in the Harveston Specific Plan Sections 10.0 through 11.0. Section 3. Environmental Compliance. The proposed project has been determined to be consistent with the previously approved Harveston Specific Plan (EIR) and is exempt from further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations). Section 4. Conditions. The Planning Commission of the City of Temecula approves the application (PA 03-0435) a product review of a 93-1ot single-family residential subdivision (St. Augustine, Phase 2 of the Harveston Specific Plan Planning Area 1 ) for all of the foregoing reasons and subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 3rd day of December 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary [SEAL] R:~) P~2003\03-0435 Har~eston St, Augustine Product Revie,,,AStaff Rpts~COA's\PC Resolution~COA.DOC 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certifythat PC Resolution No. 2003- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd day of December 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:~D P~003\03-0435 Harveston St. Augustine Product Review\Staff Rpts~CQA's\PO Resolution-COA.DOC 3 EXHIBIT A CONDITIONS OF APPROVAL R:~D P~2003~03-0435 Harveston St. Augustine Product Review~Staff Rpts-COA's~PC Resolution~COA.DOC 4 Project Description: DIF: Approval Date: Expiration Date: EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA03-0435 (Development Plan) A request for Product Review and approval of three model types and associated elevations within the Harveston Specific Plan Planning Area I to be constructed on 93 lots within Tracts 30667-1, & 30667-3 (Lennar Homes) Per Development Agreement December 3, 2003 December 3, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its R:\D P~003\03-0435 Harveston St. Augustine Product Review\Staff Rpts-COA's\PC Resolution~COA.DOC 5 officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. Building elevations shall substantially conform to the approved Exhibits, including elevations, floor plans, landscaping plans, hardscape plans, and plotting plan, contained on file with the Planning Department or as amended by these changes. The colors and materials (including lighting) for this project shall substantially conform to the approved colors and materials contained on file with the Planning Department. Any deviation from the approved colors and materials shall require approval of the Director of Planning. This approval is for product review only and shall in no way limit the city or other regulatory or service agencies from applying additional requirements and/or conditions consistent with applicable policies and standards upon the review of grading, building and other necessary permits and approvals for the project. The Development Code requires double garages to maintain a minimum clear interior dimension of 20' x 20'. This shall be clearly indicated on the plans prior to the issuance of building permits for the project. Interior dimensions are measured from the inside of garage wall to the opposite wall, steps, landing, equipment pedestals, bollards or any similar type feature. When the top of the stem wall is more than 8" above the garage floor, the required dimension is measured from the inside edge of the stem wall. Applicant shall obtain the proper permits before construction, including Encroachment Permit from the Public Works Department for any work done in the City right-of-way, and Building Permit from the Building and Safety Department. 9. Fire Hydrants shall be installed prior to the start of any construction at the site. 10. Driveway widths shall comply with the driveway width requirements per City Standards. in order to allow for adequate street parking, the driveway widths at curbs will be limited to 24' maximum. Prior to the Issuance of Grading Permits 11. The applicant shall submit a Grading Plan, subject to the review and approval of the Planning Department. 12. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. R:\D P~003\03-0435 Harveston St. Augustine Product Review\Staff Rpts-COA's\PC Resolution~COA. DOC 6 13. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints of the Color and Materials Boards and of the colored version of the approved colored architectural elevations to the Planning Department for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 14. The applicant shall comply with standards conditions and requirements set forth in the Harveston Specific Plan, Mitigation Monitoring Program, and conditions of approval for PA00-0295 (Tract 29639), the Development Agreement between the City of Temecula and Harveston Specific Plan. 15. The applicant shall submit mailbox elevations and a plot plan clearly indicating the location of each mailbox area. Mailbox type and location shall be subject to the approval of the Postmaster and Planning Director. 16. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval. These plans shall conform substantially with the approved Attachment 1, or as amended by any other related conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. Additionally, the following revisions shall be made to the landscape construction drawings prior to issuance of building permits: a. Myoporum pacificum shall be deleted from the plant legend. b. The spacing of the Gazania shall be revised to 12" on center. 17. Chimney caps are to represent the architectural style accurately. Staff is to review and approve chimney caps prior to the issuance of building permits. · 18. All railings shall be made of quality grade wrought iron. No wood shall be utilized. 19. Prior to construction of the Model Home complex, the applicant shall apply for a Model Home complex permit. 20. Precise Grading Plans consistent with the approved rough grading plans, plotting plan, structural setback measurements shall be submitted and approved. 21. The developer shall demonstrate to the Planning Director that all homes will have double parted windows with at least a 25 STC rating installed to reduce noise from occasional aircraft over flights. 22. The developer shall provide proof that construction debris, including but not limited to lumber, asphalt, concrete, sand, paper and metal is recycled through the City's solid waste hauler, subject to the approval of the Community Services Department. 23. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing, Mechanical and Fire Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. R:\D P~003\03-0435 Harveston St. Augustine Product Review\Staff Rpts~COA's\PC Resolution-COA.DOC 7 24. Obtain all building plans and permit approvals prior to commencement of any construction work. 25. A pre-construction meeting is required with the building inspector prior to commencement of any construction or inspections. 26. Provide appropriate stamp of a registered professional with original signature on plans and structural calculations submitted for plan review. 27. Provide electrical plan including load calculations and panel schedule for plan review. 28. Schematic plumbing plans, electrical plan and load calculations, along with mechanical equipment and ducting plans shall be submitted for plan review stamped and original signed by an appropriate registered professional. 29. Obtain street addresses from the Building Official prior to submittal of plans for plan review. 30. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside county Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday: 6:30 a.m. - 6:30 p.m. Saturday: 7:00 a.m.- 6:30 p.m. No work is permitted on Sunday or Government Holidays Prior to the Issuance of Occupancy Permits 31. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 32. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the applicant shall release the bond upon request. 33. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project. 34. Front yard and slope landscaping, hardscaping and fencing within individual lots shall be completed for inspection prior to issuance of each occupancy permit (excluding model home complex structures). 35. The developer shall submit proof that all local refuse generators have been provided with written information about opportunities for recycling and waste reduction (i.e. buyback centers, curbside availability), subject to the approval of the Public Works and Community Services Departments. R:~D P~2003\03-0435 Harveston St. Augustine Product Review\Staff Rpts-COA's\PC Resolution-COA.OOC 8 36. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. By ptacing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Commission approval. Applicant's Signature Date R:\D P',2003\03-0435 Harveston St. Augustine Product Review\Staff Rpts-COA's\PC Resolution-COA.DOC 9 A'I-rACHMENT NO. 5 PA03-0436 - PC RESOLUTION NO. 2003- R:~D P~2003\03-0432 Harveston Sarasota Product Review~Staff Report-COA~2 Staff Rpt Continuance dec 3 2003.dot PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0436 PRODUCT REVIEW OF A 119-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION (AUBURN LN. PHASE 2 OF THE HARVESTON SPECIFIC PLAN PLANNING AREA 2). WHEREAS, Lennar Homes fi[ed Planning Application No. PA03-0436 (the "Application") in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on December 3, 2003, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. That the Planning Commission, in approving the Application, hereby recommends the following findings as required in Section 17.05.010 F of the Temecula Municipal Code. A. The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed single-family homes are permitted in the Medium Density land use designation standards contained in the Harveston Specific Plan and the City's Development Code. The project is also consistent with the Medium land use designation contained in the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type and density of the residential development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the Califomia Environmental Quality Act (CEQA), the City Wide Design Guidelines, and fire and building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. R:\D P~003\03-0436 Harveston Auburn Lane Product Review\Staff Rpt-COA's\PC Resolution-COA.DOC 1 The overafl design of the single-family residences, including the site, building, and other associated site improvements, is consistent with, and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. C. The proposal is consistent with the Goals, and Objectives of the Harveston Specific Plan. The overall design of the single-family residences is consistent with the design guidelines as set forth in the Harveston Specific Plan Sections 10.0 through 11.0. Section 3. Environmental Compliance. The proposed project has been determined to be consistent with the previously approved Harveston Specific Plan (EIR) and is exempt from further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations). Section 4. Conditions. The Planning Commission of the City of Temecula approves the application (PA 03-0436) a product review of a 119-lot single-family residential subdivision (Auburn Ln., Phase 2 of the Harveston Specific Plan Planning Area 2) for all of the foregoing reasons and subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 3rd day of December 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary [SEAL] R:\D P~2003\03-0436 Harveston Auburn Lane Product Review\Staff Rpt-COA's~PC Resofution-OOA.DOC 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CiTY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certifythat PC Resolution No. 2003- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd day of December 2003, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\D P~003\03-0436 Harveston Auburn Lane Product Review\Staff Rpt-COA's\PC Resolution~COA. DOC 3 EXHIBIT A CONDITIONS OF APPROVAL R:'~D P~003~3q3436 Harveston Auburn Lane Product Review\Staff Rpt~COA's~PC Resoiution-COA.DOC 4 Project Description: DIF: Approval Date: Expiration Date: EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA03-0436 (Development Plan) A request for Product Review and approval of three model types and associated elevations within the Harveston Specific Plan Planning Area 2 to be constructed on 119 lots within Tract 30668-2 &30669-2 (Lennar Homes) Per Development Agreement December 3, 2003 December 3, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officem, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the votem of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resoumes Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its R:~D P~003\03-0436 Harveston Auburn Lane Product Review\Staff Rpt~COA's\PC Resolution-COA,DOC 5 officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. Building elevations shall substantially conform to the approved Exhibits, including elevations, floor plans, landscaping plans, hardscape plans, and plotting plan, contained on file with the Planning Department or as amended by these changes. The colors and materials (including lighting) for this project shall substantially conform to the approved colors and materials contained on file with the Planning Department. Any deviation from the approved colors and materials shall require approval of the Director of Planning. This approval is for product review only and shall in no way limit the city or other regulatory or service agencies from applying additional requirements and/or conditions consistent with applicable policies and standards upon the review of grading, building and other necessary permits and approvals for the project. The Development Code requires double garages to maintain a minimum clear interior dimension of 20' x 20'. This shall be clearly indicated on the plans prior to the issuance of building permits for the project. Interior dimensions are measured from the inside of garage wall to the opposite wall, steps, landing, equipment pedestals, bollards or any similar type feature. When the top of the stem wall is more than 8" above the garage floor, the required dimension is measured from the inside edge of the stem wall. Applicant shall obtain the proper permits before construction, including Encroachment Permit from the Public Works Department for any work done in the City right-of-way, and Building Permit from the Building and Safety Department. 9. Fire Hydrants shall be installed prior to the start of any construction at the site. 10. Driveway widths shall comply with the driveway width requirements per City Standards. In order to allow for adequate street parking, the driveway widths at curbs will be limited to 24' maximum. Prior to the Issuance of Grading Permits 11. The applicant shall submit a Grading Plan, subject to the review and approval of the Planning Department. 12. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. P R:~D P~003\03-0436 Harves on Auburn Lane Product Rev ew\Staff Rpt-COA s\ C Resolution-COA.DOC 6 13. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints of the Color and Materials Boards and of the colored version of the approved colored architectural elevations to the Planning Department for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 14. The applicant shall comply with standards conditions and requirements set forth in the Harveston Specific Plan, Mitigation Monitoring Program, and conditions of approval for PA00-0295 (Tract 29639), the Development Agreement between the City of Temecula and Harveston Specific Plan. 15. The applicant shall submit mailbox elevations and a plot plan clearly indicating the location of each mailbox area. Mailbox type and location shall be subject to the approval of the Postmaster and Planning Director. 16. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval. These plans shall conform substantially with the approved Attachment 1, or as amended by any other related conditions. The location, number, genus, species, and container size of the p~ants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. Additionally, the following revisions shall be made to the landscape construction drawings prior to issuance of building permits: a. Myoporum pacificum shall be deleted from the plant legend. b. Street trees on Pasadena Drive shall be coordinated with the street trees at the Lakefront Cottages and Sarasota neighborhoods. c. Street trees shall be coordinated on Edenton way and Logan Courts with the Sarasota neighborhood. 17. Prior to construction of the Model Home complex, the applicant shall apply for a Model Home complex permit. 18. Precise Grading Plans consistent with the approved rough grading plans, plotting plan, structural setback measurements shall be submitted and approved. 19. The developer shall demonstrate to the Planning Director that all homes will have double paned windows with at least a 25 STC rating installed to reduce noise from occasional aircraft over flights. 20. The developer shall provide proof that construction debris, including but not limited to lumber, asphalt, concrete, sand, paper and metal is recycled through the City's solid waste hauler, subject to the approval of the Community Services Department. 21. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing, Mechanical and Fire Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. R:\D P~2003\03-0436 Harveston Auburn Lane Product Review\Staff RpI-COA's\PC Resolufion~COA,DOC 7 22. Obtain all building plans and permit approvals prior to commencement of any construction work. 23. A pre-construction meeting is required with the building inspector prior to commencement of any construction or inspections. 24. Provide appropriate stamp of a registered professional with original signature on plans and structural calculations submitted for plan review. 25. Provide electrical plan including Icad calculations and panel schedule for plan review. 26. Schematic plumbing plans, electrical p~an and Icad calculations, along with mechanical equipment and ducting plans shall be submitted for plan review stamped and original signed by an appropriate registered professional. 27. Obtain street addresses from the Building Official prior to submittal of plans for plan review. 28. Signage shall be posted conspicuously at the entrance to the project that indicates the houm of construction, shown below, as allowed by City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside county Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday: 6:30 a.m. - 6:30 p.m. Saturday: 7:00 a.m.- 6:30 p.m. No work is permitted on Sunday or Government Holidays Prior to the Issuance of Occupancy Permits 29. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 30. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the applicant shall release the bond upon request. 31. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping 1o effectively screen various components of the project. 32. Front yard and slope landscaping, hardscaping and fencing within individual lots shall be completed for inspection prior to issuance of each occupancy permit (excluding model home complex structures). 33. The developer shall submit proof that all local refuse generators have been provided with written information about opportunities for recycling and waste reduction (i.e. buyback centers, curbside availability), subject to the approval of the Public Works and Community Services Departments. R:\D P\2003\03-0436 Harveston Auburn Lane Product Review\Stall Rpt-COA's\PC Resolution-COA.DOC 8 34. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Commission approval. Applicant's Signature Date R:\D P~003\03-0436 Harveston Auburn Lane Product Review~Staff Rpt-COA's\PC Resolution~COA.DOC 9 ATTACHMENT NO. 6 HARVESTON SPECIFIC PLAN GUIDELINES R:kD P~2003\03-0432 Harveston Sar~ota Product Review~Staff Report-COAkPC Staff Rpt Continuance dec 3 2003.dot 15 SECTION 10.0 DESIGN GUIDELINES AMERICAN FARMHOUSE INSPIRATION PHOTO: APPROPRIATE STYLE ELEMENTS: Simple plan form massing and simple roof design Porches with simple wood columns Porches with wood railings 6:12 to 9:12 roof pitch Front to back main gable roof 12" overhangs Amhitectural quality wood or asphalt shingles or smooth flat concrete tiles Light to medium sand finish stucco or blended siding and stucco Vertical multi-paned windows at front elevations and in high visibility public view areas Single parted windows on sides and rear elevations ADDITIONAL STYLE ELEMENTS: · White vinyl wrapped aluminum windows · Stucco finish or horizontal siding wrapped chimney · Garage door patterns complimentary to style · Minimum 2x4 wood window and door trim · Whites or dark stucco body colors · Light earth tone bodies with contrasting cool or warm trims · White or dark color accent trims Note: The photographs and drca,/ings used to demonstrate a so'lc are meant to be inspirational and not to be construed as a rigid formula for design. Harveston Specific Plan 10-69 SECTION 10.0 DESIGN GUIDELINES CAPE COD ~SPI~TION P~OTO: APPROPRIATE STYLE ELEME~IS: [ ~2.~ "~.'~ · 2 sto. simple "salt box'~m~sing . 5:~toT:~2roofpitch .[~~~-~~~%-. I · Simple hip or gable roof with one I ~~~', fo~d facing intemecting gable roof I ~~~ '~'~ .... "' I · Arch tectural quah~ wood or ~phalt [~~~W [ sh ng es or smooth flat concrete t les I~~[~ I ' Light to medium sand finish or light 1~~,[ front elevation and in high visibili, I~:' ~~ I ' Single paned windows on sides ~d ADDITIONAL STYLE ELEMENTS: · Porches with wood columns and railings · 2x4 wood window trim surrounds · Garage door patterns complimentary to style White to mid value body colors · White vinylwrap aluminum windows Note: The photographs and drmvings used to demonstrate a sO,le are meant to be hTspirational and not to be construed as a rigid formula for design. Harveston Specific Plan SECTION 10.0 DESIGN GUIDELINES COLONIAL INSPIRATION PHOTO: APPROPRIATE STYLE ELEMENTS: · Simple plan form massing and simple roof design · 6:12 to 12:12 roof pitch · 0" to 12" overhangs · Front to back dominant gable roof with one intersecting gable roof · Architectural quality wood or asphalt shingles or smooth flat concrete tiles · Fine to light sand finish or light lace finish stucco or blended siding and stucco · Vertical multi-paned windows at front elevations and in high visibility public view areas ADDITIONAL STYLE ELEMENTS: - Single parted windows on sides and rear elevations · Minimum 2x4 wood window and door trim · White vinyl wrapped aluminum windows · Entry porches with simply trimmed wood columns · Stucco finish or horizontal siding wrapped chimney · Garage door patterns complimentary to style · Round attic vents · Brick accents · Shutters · Pastels to cool colors with white trims · Dark color shutters · White trim / fascias Note: The photographs and dram,ings used to demonstrate a sO,lc are meant to be inspirational and not to be construed as a rigid formula for design. SECTION 10.0 DESIGN GUIDELINES COTTAGE INSPIRATION PHOTO: APPROPRIATE STYLE ELEMENTS: · Rectangular plan form massing with some recessed 2nd floor area · Main roof hip or gable with intersecting gable roofs - 6:12 to 12:12 roof pitch · 0" to 12" overhangs · Architectural quality wood or asphalt shingles or smooth flat concrete tiles · Light to medium sand finish or light lace finish stucco · Single paned windows on sides and raars ADDITIONAL STYLE ELEMENTS,' · Vertical shaped windows with mullions and simple wood 2x trim at front elevation and at high visibility areas · Entry accents with real or faux stone EntIy porches with stucco columns and wood railings · Garage door patterns to compliments style · Shutters · Whites and earth tones · Dark color accents/trim (shutters) · White vinyl wrapped aluminum windows · Stucco over foam window and door trim Note: The photographs and drm~,ings used to demonstrate a sO'le are meant to be inspirational and not to be construed as a rigid formula for design. Harveston Specific Plan 10-72 SECTION 10.0 DESIGN GUIDELINES CRAFTSMAN INSPIRATION PHOTO: ADDITIONAL STYLE ELEMENTS: · Windows are often ganged in pairs · Single paned windows at sides and rears · White vinyl wrap aluminum windows · Arts and crafts style lighting fixtures · Shaped wood header trim at windows and doors · Simple knee brace · Outlooker · Light earth tone colors · Playful / dark acceat APPROPRIATE STYLE ELEMENTS: Simple 2 story boxed massing with vertical and horizontal breaks Entry porches with heavy square columns or posts on stone piers 3~ 12 to 4~ 12 roof pitch 18" to 24" overhangs Architectural quality asphalt shingles or shingles texture fiat concrete tiles Basic gable roof side to side or front to back with cross gables Blended siding and stucco Light to medium sand finish or Calif6mia Monterey Finish · Vertically hung upper mullioned windows at front elevation and in high visibility areas Note: The photographs and drmvings used to demonstrate a so,lc are meant to be inspirational and not to be construed as a rigid formula for design. Harveston Specific Plan 10-73 ~, ......... ~ .~a.s.act~,r ~.~m sao.~a~mo~m's~o,,,~ SECTION 10.0 DESIGN GUIDELINES EAST COAST TI ,ADITIONAL INSPIRATION PHOTO: APPROPRIATE STYLE ELEMENTS: · Plan form massing with a vertical and an horizontal break · 6:12 to 12:12 roofpitch · 18" to 24" overhangs · Concrete roof tile with shingle look · Front to back gable or hip roof with intersecting hip or gable roofs · Blended stucco and siding · Single paned windows at sides and rears · White vinyl wrap aluminum windows · Decorative accent windows ADDITIONAL STYLE ELEMENTS: · Full wood porches and or wood balconies · Simplified versions of Colonial cornice trim at gable ends · 2x6 wood windows and door trim · Garage door patterns complimentary to style · White detailing trims Note: The photographs and dra~ings used to dentonstrate a sO'le are meant to be inspirational and not to be consO'ued as a rigid formula for design. Harveston Specific Plan 10-74 p..;~r,t,i N t.2n OECE~.m~R .$pECllq (' IaLA,'R£VISED "Agt.'i~$TOb~ RE XlS~D I'l DO{ SECTION 10.0 DESIGN GUIDELINES ITALIANATE INSPIRATION PHOTO: APPROPRIATE STYLE ELEMENTS: 2 story massing with one vertical and one horizontal break Main hip roof with minor intersecting hip roofs 3~ 12 to 4¥2 12 roof pitch 24" overhangs, stucco soffits "S" shaped concrete tiles Fine to light sand finish or light lace finish stucco Vertically hung 9 and 12 paned windows at front elevation and in high visibility areas Ot~en ganged in pairs Single paned windows at sides and rears White vinyl wrap aluminum windows · Archedtop accent windows ADDII1ONAL STYLE ELEMENTS: · Tapered round or square simple stucco columns · Shutters · Entrypomh · Belt coursetrim · Mid valuesaturated colors Note: The photographs and drawings used to demonstrate a sO'le are meant to be inspirational and not to be construed as a rigid formula for design. SECTION 10.0 DESIGN GUIDELINES SPANISH COLONIAL INSPIRATION PHOTO: ADDITIONAL STYLE ELEMENTS: · White vinyl wrap aluminum windows · Stucco over foam window and door trim · Arched stucco column porches · Garage door patterns complimentary to style · White tone body with bright accent trim · Dark brown trims APPROPRIATE STYLE ELEMENTS: · 2 story massing with strong one story element · 4:12 to 5:12 roof pitch · 12" to 18" overhang · Simple hip or gable roof with one intersecting gable roof · Barrel or"S" shape concrete tiles · Fine to light sand finish or light lace finish stucco · Vertically hung 9 and 12 par/id windows at front elevation and in high visibility areas · Often ganged in pairs · Single paned windows at sides and rears Note: The photographs and drawings used to demonstrate a sO,lc are meant to be inspirational and not to be construed as a rigid formula for design. Harveston Specific Plan SECTION 11.0 DEVELOPMENT STANDARDS PLANNING AREA DEVELOPMENT STANDARDS 113.1 Plannlng Area 1: Low Medium Density Residential and Community Park Description plannhlg Area 1, as depicted in Figure 11.1, Planning Area Detail 1, provides for 41.1 acres of Low Medium density residential uses. A total of 164 dwelling units are planned at a target density of 4.0 du/ac (Density Range 3-5 du/ac). Additionally, a 16.5-acre community park is planned within Planning Area 1. W~thln the Community Park, there is a 1.3-acre out parcel. A mini park is also proposed within the residential portion of the Planning Area. The proposed product types for this planning area includes single family detached and possibly duplex or cluster develOpment. Land Use Development Standards Please refer to Zoning Ordinance in this Section of the Specific Plan (see Section 11.4). Planning Standards Access into Planning Area I shall be provided from the Loop Road with internal access through Planning Area 5. Specific location of the access points shall be determined at the Tentative Map stage (refer to Figure 10.1-12). 2. Please refer to Section 10.0 for specific Design Guidelines and other related design. Special land,cape treatment shall be provided along the edge of the Planning Area boundary and Loop Road (refer to Figure 10.1-8). A community paseo and a Class II bike lane shall be provided along the Loop Road (refer to Figure 10.1-8). The Community Park shall contain lighted sports fields, picnic area, tot lot, and more (refer to Figures 6-3A - 6-3D). 6. A parking area shall be provided for the Community Park (refer to Figures 6-3A- 6-3D). Roadway landscape buffer treatment shall be provided along the outer boundary of the Community Park (refer to Figures 6-3A - 6-3D). Special Community Park landscape buffer treatment shall be provided along the Community Park boundary adjacent to the residential neighborhoods (refer to Figures 6-3A - 6-3D). 9. Please refer to the following sections for General Development Standards that apply site-wide: Land Use Plan Circulation Plan Iafrastructure Plan Open Space and Recreation Plan Grading Plan Landscaping Plan Harveston Specific Plan REVISED 8/14/01 / / 'SECTION 11.0 DEVELOPMENT STANDARDS . ZONING ORDINANCE 11.4.1 Low Medium (L1VI) Density Residential Zone (3-5 dwelling units per acre) plnnnln?. Areas 1, 4~ 7, and 10 The following regulations shall apply in the Low Medium Density Residential: Permitted / Conditionally Permitted Uses Matrix Low Medium Residential All types of non-commercial horticulture P Churches, synagogues and other similar religious structures' and facilities including C incidental uses such as assembly, work rooms, living quarters of a priest, minister or family, and day care and educational facilities. Congregate care resJdentlal facilities for the elderly P Day care centers C Family day care homes, large, as defined by State law. C P Family day care homes - small - 6 or fewer Group care facilities and residential retirement homes, 6 or less people P Guest house or___qLl~_______~ flat P Home occupations, provided such occupations are customarily conducted as an accessory P use entirely within a building containing a residential use or attached garage. No outdoor storage or uses shall be permitted. Public and private recreational facilities including, but not limited to: country clubs, tennis, p and swim clubs, golf courses, lakes, parks, racquetball and handball. Limited commercial uses which are commonly associated and directly related to the primary uses are permitted. Public parks and public playgrounds P Residential care facilities for the elderly (six or fewer) P Secondary dwelling units/granny flats/guest house P Single family detached, ningle family attached P Telecc, mmunicafion tower~ P Temporary real estate tract offices located within a subdivision, to be used only for and P during the original sale of the subdivision, provided a development plan is approved pursuant to City Ordinance. Trails P Other Uses: Any use that is not specifically listed above may be considered a permitted use provided that the Dkector of Planning finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process, which governs.the category in which it falls. Harveston Specific Plan SECTION 11.0 DEVELOPMENT STANDARDS Development Standards The following development standards shall apply in the Low Medium Density Residential Zone of Planning Areas 1, 4, 7, and 10. Table 11.1 provides a graphic summary of the following Low Medium (LM) development standards at the end of this section. 1. Building height shall not exceed two (2) stories, with a maximum height of thirty five feet (35'). 2. A minimum of 50% of Low Medium units shall incorporate axchitectural forward designs. Minimum residential lot area shall be not less than four thousand (4,000) square feet and the average residential lot area shall be not less than five thousand (5,000) square feet. Land acreage located within Landscape Development Zones (LDZ's) shall not be included in area calculations for meeting minimum lot size requirements. The minimum lot width at the front prOperty line shall be thirty feet (30'), with an average lot width of forty five (45') and a minimum lot depth of eighty (80'). Lots at the end of cul-de-sacs and knuckles may vary from the minimum depth requirement provided a lot provides an adequate area for development. The minimum lot width for a flag lot, cul-de-sac, or knuckle at front property line shall be twenty feet (20'). 7. The minimum lot width at required front setback area shall be forty feet (40'). 8. Minimum yard requirements are as follows: Minimum front yard - Variable Front Yard Setback: In order to allow for a more interesting visual image and more flexible site planning, variable setbacks shall be used in the LM planning areas in accordance with Section 10.5 (Principal Design Criteria). Front. yard setbacks from garage doors shall be a minimum of 18 feet to back of sidewalk. Other portions of a structure (including-g~arages with entrances not facing the street) shall be setback a minimum of 10 feet from the property line. Building Setbadcs shall be measured from the property line. Minimum interior side yard - Variable Side Yard Setbacks: Variable side yard setbacks may be permitted provided the sum of the side yard setbacks is not less than 10 feet and the distance between adjacent structures is not less than 10 feet.. For front loaded conditions a minimum of five-foot setback area, free of architectural encroachments shall be maintained on at least one side. Variable rear yard setback: 1) Garage forward and front loaded: the minimum rear yard setback shall be 20 feeL[ 2) Recessed garage: the minimum rear yard setback to the garage shall be 5 feet and the main structure setback shall be 20' (ground floor) and 7' for second story elements over the garage, 3) Rear vehicle access: the minimum rear yard setback to the garage shall be 3 feet and the main structure setback shall be 20' (ground floor) and a 3' minimum with a 5' average setback for second story elements over the garage. At the rear of each lot, a minimum of 16 square feet of landscaping shall be provided per lot (refer to Figure 11.13). SECTION 11.0 DEVELOPMENT STANDARDS d. The comer side yard shall not be less than ten feet (10'). 10. 11. The Planning Commission may approve modifications to these standards up to 15% for innovative and quality designs that meet the intent of the provisions for this Specific Plan. Parking. A minimum of two (2) enclosed spaces shall be provided per unit/lot. Enclosures shall comply with all yard requirements. For second units, one additional enclosed parking space shall be provided. Fences and Walls. Fences and walls shall be permitted within the front, side, and rear yard set back areas, except as provided for below: a. Fences may not be erected within either public Or private street rights-of-way. Wherever fencing is visible from public view, the finished side.of the fencing shall be exposed to public view. No fence or wall shall exceed six feet (6') in height, unless a higher wall is specifically required for sound attenuation purposes. The height of the fence or wall shall be measured from the higbest ground level immediately adjacent to the base of the wall. d. Privacy walls, if provided in side and rear yards, shall be a minimum of five feet (59 in height. In front yard set back areas, solid fences and walls shall not exceed thirty roches (30) m helgh, provided, however, that fences and walls up to six feet (6') in height are permitted in front yards if the area above thirty inches (30") is no more than thirty percent (30%) solid. All pool enclosure fencing shall conform to applicable State of California or City of Temecula pool Code fencing requirements, whichever is more stringent. Harveston Specific Plan REVISED 8/14/01 ' SECTION 11.0 DEVELOPMENT STANDARDS TABI~ 11.1 SUMMARY DEVELOPMENT STANDARDS FOR LM (Low M~DFt,'M Dm~ISrI'Y Rmm~,rrnm) ZONB Minimum Lot Area Per Dwelling Unit 4,000 Average Lot Area Per Dwellin$ Unit 5,000 Dwellin[[ Units Per Net Acre 3 - 5 5eT Dnmn~ioNs Minimum Lot Width at Front Property Line 30 Minimum LOt Width for a Flag Lot, cul-de-sac, or knuckle at From 20 Pro[cn'y Line ldinlmnm Lot Width at Required Front Setback Area 40 Average Lot Width 45 Minimum Lot Depth 80 l~flnimnm F-rent Yard Variable* Minimum Comer Side Yard 10 Minimum Interior Side Yard Variable* Minimunl Rear Yard Variable* M~,X'IMUM lt~IGHT 35 *Refer to Page 11-29 for specific setback requirements. FRONT LOADED D~ i~CESSED ~F.~£__-[ ........ ~- '~F~-l~-~- [m _ . i 'REAR ACCESS. ~l I~V SECTION 11.0 DEVELOPMENT STANDARDS 11.3.2 planning Area 2: Medium 1 Density Residential Description Planning Area 2, as depicted in Figure 11.2, Planning Area Detail 2, provides for 40.1 acres of Medium I density residential uses. A total of 241 dwelling units are planned at a target density of 6.0 du/ac (Density Range 5-7 du/ac). This planning area also includes a portion of the 2.0-aore Paseo Park, which connects the Lake Park to the Community Park. The proposed product types for this planning area include, small lot single family detached, attached and cluster development. Land Use Development Standards Please refer to Zoning Ordinance in this Section of the Specific Plan (refer to Section 11-4). ~tandards 1. Access into Planning Area 2 shall be provided.from the Loop Road at a minimum of two entry points with internal access through Planning Area 3. Specific location of the access points shah be determined at the Tentative Map stage (refer to Figures 10. I-10. I-12). 2. Please refer to Section 10.0 for specific Design Guidelines and other related design. 3. Special landscaping U-eatment shall be provided along the Loop Road (refer to Figure 10.1-8). 4. A community paseo and a Class II·bike lane shall be provided along the Loop Road. The paseo shall be · located along the outer edge of the Loop Road (refer to Figure 10.1-8). 5. A 2.0-acre paseo park shall be provided in Planning Area 2, which will intercept Planning Area 3, connecting to the Lake Park (refer to Figures 6.5 and 10.1-13). 6. A paseo edge landscape treatment shall be provided along the edges of the paseo park (refer to Figures 6.5 and 10.1-13). 7. An 8,paseo trail shall be p. rovided in thecaseo park (refer to Figures 6-5 and 10.1-13)- 8. Please refer to the following sections for General Development Standards that apply site-wide: a. Land Use Plan b. Circulation Plan c. Infrastructure Plan d. Open Space and Recreation Plan e. Grading Plan f. Landscaping Plan Harveston Specific Plan REVISED 8/14/01 Key Map: / SEE FIG. 10.1-12 PARK L3..XlDSC. APE SEE FIG. 10.1-13 MEDIUM 1 40.1 AC 241 UNITS FIG. 10.1-13 H~v~sto~ Specific Plan Lennar CommuniKes Figure 11.2 Planning'Area Detail 2 SECTION IL0 DEVELOPMENT STANDARDS 11.4.2 Medium 1 (MI) Density Residential Zone (5-7 dwelling units per acre) planning Areas 2 and 8 The following regulations shall apply in the Medium 1 Density Residential: Permitted / Conditionally permitted Uses Matrix Medium 1 All types of non commercial horticulture P Churches, synagogues and other similar religious stxuctures and facilities including C incidental uses such as assembly, work rooms, living quarters of a priest, minister or family, and day care and educational facilities, p Congregate care residential facilities for the elderly C Day care centers Family day care homes - large, as defined by State law. C Family day care homes - ~mall - 6 or fewer P Group care facilities and residential retirement homes, 6 or less people P Guest house or granny fiat P Home occupations, provided such occupations are customarily conducted as an P accessory use entirely within a building containing a residential use or attached garage. No outdoor storage or uses ~halt be permitted. Public and private recreational facilities including,, but not limited to: country, clubs, P tennis and swim clubs, golf courses, lakes, parks, racquetball and handball. Limited commercial uses which are commonly associated and directly related to the primary uses are permitted, p Public parks and public playgrounds p Rear access Residential care facilities for the elderly (six or fewer) P Secondary dwelling units/granny flats/guest house P Single family detached, small lot single family detached, single family attached, cluster P Temporary real estate tract offices located within a subdivision, to be used only for and P during the original sale of the subdivision, provided a development plan is approved pursuant to City Ordinance. p Trails Other Uses: Any use that is not specifically listed above may be considered a permitted use provided that the Director of Planning finds that the proposed use is substantially the same in ~ character and intensity as those listed in the designated sub~ecfions. Such a use is subject to the permit process, which governs the category in which it falls. SECTION 11.0 DEVELOPMENT STANDARDS Development Standards The following development standards shall apply in the Medium I Density Residential Zone of Planning Areas 2 and 8. Table 11.2 pro~ides a graphic summary of the following Medium 1 (MI) development standards at the end of this section. For cluster projects within the MI, M2 and High density zoning districts, the development standards for lot size~ and setbacks may be varied by the Director of Planning as long as the cluster project falls within the allowed density ranges of the appropriate zone district. The purpose of this provision is to allow for innovative and alternative housing types around courtyards and common areas. Building height shah not exceed two (2) stories, with a maximum height of thirty five feet (35'). A minimum of 50% of Medium 1 units shall incorporate architecture forward designs. Minimum residential lot area shall be not less than three thousand (3,000) square feet and the average residential lot area shall be not less than three thousand five hundred (3,500) square feet. Airspace condominiums are exempt from the minimum lot size requirements provided that the overall density is consistent with the planning area requh-ements. Land acreage located witliin Landscape Development Zones (LDZ's) shall not be included in area calculations for meeting minimum lot size requirements. The minimum lot width at the front property line shall be twenty five feet (25'), with an average lot width of forty feet (40') and a minimum lot depth of seventy feet (70'). Ltts at the end of cai- de-sacs and knuckles may vary from the minimum depth requirement provided a lot provides an adequate area for development. The minimum lot width for a flag lot, cul-de-sac, or knuckle at front property line shall be twenty feet (20'). 8. The minimum lot width at required front setback area shall be thin'y five feet (35'). 9. Minimum yard requirements are as follows: Minimum front yard - Variable Front Yard Setback: In order to allow for a more interesting visual image and more flexible site planning, variable setbacks shall be used in the M1 planning area in accordance .with Section 10.5 (Principal Design Criteria). Front yard setbacEs from garage doors to back of sidewalk shall be a minimum of 18 feet. The main building structure setback shall be 10 feet from the property line. Other portions of a structure (including patios, porches and entrances) may be setback a minimum of 7 feet. Building setbacks shall be measured from the property line. Minimum interior side yard - Variable Side Yard Setbacks: Variable side yard setbacks may be permitted provided the sum of the side yard setbacks is not less than 8 feet and the distance between adjacent structures is not less than 8 feet. For front loaded SECTION 11.0 DEVELOPMENT STANDARDS k! 10. 11. 12. conditions a minimum of four-foot setback area, free of architectural encroachments shall be maintained on at least one side. Variable rear yard setback: 1) Garage forward and front loaded: a 10-foot minimum rear yard setback is permitted in the M-1 district, provided an avexage setback of 15 feet shall be maintained. 2) Rear vehicle access: the minimum rear yard setback to the garage shall be 3 feet and the lnaln s~l'ucture setback shall be 157 (ground floor) and a 3' minimum with a 5' average setback for second story elements over the garage. At the rear of each lots, a minimum of 14 square feet of landscaping shall be provided (refer to Figure 11.13). c. The comer side yard shall not be less than ten feet (10') The p]annlng Commission lllay approve modifications to these standards up to 15% for innovative and quality designs that meet the intent of the provisions for this Specific Plan (refer to Section 11.5 of this document). Parking. A minimum of two (2) enclosed spaces shall be provided per unifflot. Enclosures shall comply with all yard requirements. Fences and Walls. Fences and walls shall be permitted within front, side, and rear yard set back areas except as provided for below: a. Fences may not be erected within eithe[ public or'private street rights-of-way. b. Wherever fencing is visible from public view, the fmisbed side of the fencing shall be exposed to public view. c. No fence or wall shall exceed six feet (6~) in height, unless a higher wall is specifically required for sound attenuation purposes. The height of the wall or fence shall be measured from the highest ground level immediately adjacent to the base of the wall. Privacy walls, ff provided in side and rear yards, shall be a minimum of five feet (5) in height. In front yard set back areas, solid fences and walls shall not exceed thirty inches (30") in height; provided, however, that fences and walls up to six fee! (69 in height are pennitted in front yards if the area above thirty inches (30") is no more than thirty percent (30%) solid. All pool enclosure fencing shall conform to applicable State of California or City of Temecula pool code fencing requirements, whichever is more sUSngent. · ' --..,: -Harveston Specific Plan ...... .......... ~ . :- · 11-35 ~,~ou.~m~.,~o,~--~?'*~,~*e.~r~,-~,.~ : . '~:,~REVISEDS/14/01 ' ~'": '- '. ~ ~'; .!' . : "!" SECTION IL0 DEVELOPMENT STANDARDS TAI~LE 11.2 SUMMARY DEVELOPMENT STANDARDS FOR M1 (ME~Fc~ D~STrY RP_sm~ 5-7 DU'$ / AC) ZONE l~inimnm Lot Area Per Dwellin§ Unit 3,000 Average Lot Area Per Dw~llln~ Unit 3,500 Dw~llin~ Ullit$ Per Net Acre 5 - 7 LOT/)nSlgSSIONS ~inimnm Lot Width at Front Prowrty Line 25 Minimum Lot Width for a Flag Lot, cul-de,-sac, or knuckle at Fron~ 20 Prope~/Line lVglnimum Lot Width at Required Front Setback Ar~a 35 Average Lot Width 40 ~finimum Lot Depth 70 Sva'uACKS ]V[inimum Front Yard Variable* [ l~qinimum Comer Side Yard 10 ]V[inlmnm lnterinr Side Yard Variable* lgqinimnm Re.~,.r Yard Variable* *Refer to Page 11-34 for specific setback rextuirem~nts. REAR ACCESS pARgWAY 4I¸ FINDINGS Staff recommends the following findings as required in Section 17.05.010 F of the Temecula Municipal Code. The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The overall development of the land is designed for the protection of the public health, safety, and general welfare. ATTACHMENTS 2. 3. 4. 5. 6. The proposal is consistent with the Goals, and Objectives of the Harveston Specific Plan. Plan Reductions - Btue Page 10 PA03-0432 - PC Resolutions No. 2003- PA03-0433 - PC Resolutions No. 2003- PA03-0435 - PC Resolutions No. 2003- PA03-0436 - PC Resolutions No. 2003° - Blue Page 11 - Blue Page 12 - Blue Page 13 - Blue Page 14 Harveston Specific Plan Design Guidelines - Blue Page 15 R:~D PX2003\03-0432 Harveston Sarasota Product Review\Staff Report~COA~PC Staff Rpt Continuance dec 3 2003.dot 9 ATrACHMENT NO. 7 APPROVED PHASE ONE ARCHITECTURAL STYLES RAD Pu2003\03-0432 Harveston Sar~ota Product RevievAStaff Report--COAh~C Staff Rpt Continuauce dec 3 2003.dot 16 z~ < Z N m V SPANISH COLONIAL A U A CAPE COD B P U T CRAFTSMAN C PLAN 1 FRONT ELEVATIONS HARVESTON 55' X 86' PRODUCT M SPANISH COLONIAL A --K CAPE COD B W i C K CRAFTSMAN C PLAN 2 FRONT ELEVATIONS HARVESTON 55' X 86' PRODUCT BASSI~NIAN / LAOONI ARCHITI{CTS LENNAR HOMES B G SPANISH COLONIAL A CAPE COD B J K D FRONT CRAFTSMAN C P LAN 3 I~LEVATIONS HARVESTON 55' X 86' PRODUCT BA$$ENIAN / LAGONI ARCHITECTS ldeouo_"t - t'l lorlDoJ,~ ITl --I 0 Z Z 0 0 0 --! 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