HomeMy WebLinkAbout061890 PC AgendaAGBNDA
~EMECULA PLANNING COMMISSION
AN ADJOURNED RBGULAR MEETING
VAIL ELEMENTARY SCHOOL
~uSE 1O, 1~'90 = 6:00 PM
Chairman Chiniaeff
ROLL CALL~
Blair, Fahey, Ford, Hoagland,
Chiniaeff
PUBLIC COMME~S]
A,=~/~fIIS~nu~esis provided so members of the public can
address the commissioners on items that are not listed on the
, Aqenda. Speakers are limited to three (3) minutes each. If
.'.. you desire to speak to the CommiSsioners about am item DOt
listed on the Agenda, a pink -Re~uest to speak,, form should be
filled out and filed with the Co~unissioner Secretary.
When you are called to spe~k~, please come forward .and state
your name and address.
items a "Request to Speak" form must be
Secretary before Commission gets to
There iS a three (3) minute time limit for
individual speakers.
1.1 Approve minutes of June 4, 1990.
DISCUSSION
RECOMMENDATION|
2.1 Assignment of ownership - general
discussion.
PrODOSed -Pot,~C~ for and Revised
Permits
RECOMMENDATION:
3.1 Review and consider staff's analysis.
Historic District Review Proaedures
RECOI~IENDATION:
4.1 Receive etaf~f report on history and status of the
TemeculaHis~oric:District andconsider review procedures
and development 9uidelines.
Property Owner Notification Requirements
RECOMMENDATION:
5.1
Receive staff report on the existing public notification
standards for projects Which require hearings. Consider
alternatives and recommendations for revised
requirements.
6. Other commission Business
DIRECTORS REPORT
COMMISSIONERS REPORTS
Next meeting: Monday, July 2, 1990, 6:00 PM, Vail
School, 29915 Mira Loma Drive, Temecula, California
Elementary
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLiaJ4NING COMMISSION
HELD JUNE 4, 1990
The first regular meeting of the Temecula Planning Commission was
called to order at Vail Elementary School, 29915 Mira Loma Drive,
Temecula, California at 6:10 PM. Mayor Ronald Parks presiding.
PRESENT: 5 COMMISSIONERS: Blair, Chiniaeff, Fahey,
Ford, Hoagland
ABSENT: 0 COMMISSIONERS: None
Also present were City Manager F. D. Aleshire, City Attorney John
Cavanaugh, Deputy City Clerk June S. Greek, Acting Planning
Director Ross Geller and Recording Secretary Anita Durnil.
PUBLIC COMMENT
None offered at this time.
COMMISSION BUSINESS
Election of Chairperson
Mayor Parks opened nominations for the position of Chairperson
of the Planning Commission. Commissioner Ford moved to
nominate Dennis Chiniaeff, and the motion was seconded by
Commissioner Blair. There being no further nominations Mayor
Parks declared the nominations closed. It was moved by
Commissioner Ford, seconded by Commissioner Hoagland to
approve the election of Commissioner Chiniaeff by unanimous
ballot. The motion was carried unanimously.
Election of Vice Chairman
Mayor Parks opened nominations for the position of Vice-
Chairman of the Planning Commission. Commissioner Chiniaeff
moved to nominate Steven Ford and the motion was seconded by
Commissioner Fahey. Commissioner Hoagland moved to nominate
Commissioner Blair. The motion failed for lack of a second.
There being no further nominations, the Mayor declared the
nominations closed. It was moved by Commissioner Chiniaeff,
seconded by Commissioner Ford to approve the election of
Commissioner Ford by unanimous ballot. The motion was carried
unanimously.
Drawin~ of Lots to Establish Term of Office
Mayor Parks asked each Commissioner to draw a term of office
from prepared lots. Commissioner Fahey drew a three-year
term, Commissioners Blair and Ford drew two-year terms and
Commissioners Hoagland and Chiniaeff drew one-year terms.
Mayor Parks then presented Chairman Chiniaeff with an engraved
gavel, declared him duly elected and turned the meeting over
to him at 6:25 PM.
Resolution Adopting Rules of Order
City Attorney John Cavanaugh presented a staff report
recommending the adoption of a resolution adopting rules of
order for the conduct of Planning Commission Meetings.
It was moved by Commissioner Hoagland, seconded
Commissioner Fahey to adopt a resolution entitled:
by
RESOLUTION NO. PC 90-01
A RESOLUTION OF THE PI.%NNING COMMISSION OF THE CITY OF
TEMECUL~ ADOPTING RULES OF ORDER FOR THE CONDUCT OF
PLANNING COMMISSION MEETINGS.
The motion was unanimously carried.
Resolution Designatin~ Locations for Postin~ of Ordinances
and/or Resolutions
Planning Director Geller presented a staff report recommending
adoption of a resolution designating locations for posting of
Planning Commission Ordinances and/or Resolutions. It was
moved by Commissioner Blair, seconded by Commissioner Ford to
adopt a resolution entitled:
RESOLUTION NO. PC 90-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TRM~UXahDR,glGN'A~ING-LOCi, TIQNfFO~PO2TING OF ORDiNANCES
AND/OR RESOLUTIONS REQUIRED BY LAW TO BE PUBLISHED OR
POSTED.
The motion was unanimously carried.
6. Resolution Establishing Term of Office for the ChairPerson
City Attorney Cavanaugh presented the staff report
recommending adoption of a resolution establishing the term of
office of the Planning Commission chairperson.
It was moved by Commissioner Ford, seconded by Commissioner
Fahey to adopt a resolution entitled:
RESOLUTION NO. PC 90-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECUL~ ESTABLISHING THE TERM OF OFFICE FOR THE
CHAIRPERSON.
The motion was unanimously carried.
DISCUSSION ITEMS
7. Substantial Conformance Policv
Ross Geller, Acting Planning Director, introduced the staff
report by Senior Planner Sam Reed. Mr. Reed outlined the
existing policy and requested that the Commission give
direction to staff on any changes they feel are needed in the
provisions of County Ordinance No. 348, Section 18.43.
He also advised that the County of Riverside has used
substantial conformance policies to allow many more changes in
specific development plans than the City staff proposes to
allow.
Commissioner Hoaglandquestioned the workload this will impose
on the Commission if each case comes to them. Mr. Geller
advised that this would amount to approximately four or five
cases per month and they would appear as Consent Calendar
items.
Chairman Chiniaeff suggested that staff prepare specific
guidelines for the Commission to follow in these cases. He
also suggested that staff approve proposed substantial
conformance requests that are upgrades from the original
approved projects, without sending them back through the
process.
Mr. Geller said staff with put together recommendations and
some information from other jurisdictions for the Commission.
It was moved by Commissioner Blair, seconded by Commissioner
Ford to approve the staff recommendations as presented with
the added intent to develop a Consent Calendar to be brought
to the Planning Commission for review, and to instruct staff
to return with additional guidelines and information. The
motion was unanimously carried.
8. Development A~reement No. 4 - Vail Meadows
City Attorney Cavanaugh presented a staff report advising that
the matter is provided to the Commission as an informational
item only and the staff recommendation is to receive and file.
After a discussion of the Commission's role in approving or
disapproving development agreements the report was received
and filed by the Chairman.
STAFF REPORT8
Planning Director Geller announced that the Riverside County
Planning Commission will be taking the last of the items
regarding Temecula at their meeting of June 6, 1990. He said
all non-routine items will be referred to the Temecula
Planning Commission for their meeting of June 18, 1990
ADJOURNMENT
It was moved by Commissioner Blair, seconded by Commissioner
Fahey, to adjourn the meeting at 7:04 PM, to a regular meeting
to be held on Monday, June 18, 1990 at 6:00 PM at the Vail
Elementary School, 29915 Mira Loma Drive, Temecula, CA 92390.
The motion was unanimously carried.
Dennis Chiniaeff, Chairman
ATTEST:
Ross E. Geller, Secretary
LAW
BURKE, ~NILLIAMS 8~ SORI]NSI~N
May 24, 1990
' MAY 2
Mr. F. D. Aleshire
City Manager
City of Temecula
43172 Business Park Dr.
Temecula, CA 92390
Re: Development Agreement No. 4 - Vail Meadows
Dear Frank:
I have been asked by Dennis O'Neil, attorney for
Bedford Properties, to approve as to form an agreement
permitting sale of all or part of the property subject to
Development Agreement No. 4, which was executed between
Bedford and the County on November 7, 1988. Pursuant to the
Development Agreement, no property may be conveyed unless
the purchaser agrees to assume all obligations of the
Agreement.
To date, the City Council has not had the
opportunity to review any of the development agreements the
County executed prior to incorporation. These agreements
present a number of advantages and disadvantages to the
City. For example, they permit the City to impose new
impact fees, even as to properties with vested maps. On the
other hand, they also exempt the property from any future
growth control measures.
Regardless of its advantages and disadvantages, it
is doubtful the City could repudiate any Agreement if it
desired, although it may modify or suspend it on the basis
that the failure to do so would endanger the public health
or safety (Gov. C. §65865.3(b)). And, importantly, if the
City wishes to challenge the Agreement in court, it must do
so promptly. At this time, the statute of limitation period
for challenging development agreement is ambiguous.
Mr. Frank Aleshire
May 24, 1990
Page 2
However, if either AB391 or AB3674 is enacted, the
limitation period would either be 120 days or i year,
respectively. (See, enclosed legislative updates.)
In the meanwhile, I have approved as to form the
enclosed Assignment Form, subject to the caveat that neither
the City Council or Planning Commission have taken any
formal action to validate or repudiate the Agreement. In
this way, development may continue without impairing the
City from later reviewing the Agreement.
Please notify me if this approach is acceptable.
Sincerely,
Scott F. Field
City Attorney
CITY OF TEMECULA
sff/LTR12004:bjj
cc: Ross Geller
DRAFT
May __, 1990
TO:
FROM:
RE:
Development Agreement
Representatives
Scott F. Field
City Attorney
City of Temecula
Assignment of Interest
Attached are new forms for assignments of interest under
development agreements. Please use these forms for all
future assignments.
Please note that at this time, neither the Temecula City
Council or Planning Commission has reviewed any Agreements,
nor taken action to approve them. Consequently, approval of
these forms may not be construed as City ratification of any
development agreement.
attachment
SFF/bjj
sff/LTR12004
DRAFT
City Clerk
City of Temecula
43172 Business Park Drive
Temecula, CA 92390
Re: Development Agreement No.
Assignment of Interest
Gentlement:
Pursuant to Section 2.4.1(b) of Development Agreement
No. , enclosed is a copy of the assignment and
acceptance of interest in Development Agreement No.
Very truly yours,
cc:
City Manager, City of Temecula
Director, Planning Department, City of Temecula
city Attorney, city of Temecula
sff/LTR12004
DRAFT
Recording requested by and
when recorded return to:
ASSIGNMENT AND ASSUMPTION
AGREEMENT FOR DEVELOPMENT AGREEMENT NO.
W]{EREAS, the City of Temecula incorporated on
December 1, 1989, and its jurisdiction includes, in whole, the
property that is the subject of Development Agreement No. 4;
WHEREAS, pursuant to Government Code Section 65865.3,
the City is the successor-in-interest to the County of Riverside
and assumes all rights and obligations of the County pursuant to
Development Agreement No. ;
WHEREAS, this Assignment is not a Release, as described
at Section 2.4.2 of said Agreement;
NOW, THEREFORE, pursuant to Development Agreement
No. , recorded , 1988, as Instrument
No. , which is hereby incorporated herein by this
reference, and for good and valuable consideration, receipt of
which is hereby acknowledged, the undersigned agree as follows:
1. The assignment and assumption provided for under
this agreement is made together with the sale, transfer or
assignment of all or a part of the Property subject to
Development Agreement No. The property sold, transferred or
assigned together with this assignment and assumption agreement
is described in Exhibit "A#, attached hereto and incorporated
herein by this reference.
2o Assi~r~r hereby grants, sells, transfers, conveys,
assigns and delegates to Assignee all of its rights, title,
interest, benefits, privileges, duties and obligations arising
under or from Development Agreement No. __ as Owner of the
property described in Exhibit "A" hereto.
sff/LTR12004
DRAFT
3. Assignee hereby accepts the foregoing assignment
and unconditionally assumes and agrees to perform all of the
duties and obligations of Assignor arising under or from
Development Agreement No. as Owner of the property described
on Exhibit "A" hereto.
4. The sale, transfer or assignment of the property
described in Exhibit "A" hereto, and the assignment and
assumption provided for under this agreement are the subject of
additional agreements between Assignor and Assignee.
Notwithstanding any term, condition or provision of such
additional agreements, the rights of the City of Temecula arising
under or from Development Agreement No. __ and this assignment
and assumption agreement shall not be affected, diminished or
defeated in any way, except upon the express written agreement of
the City of Temecula.
DATED: ASSIGNOR:
ASSIGNEE
[ALL SIGNATURES SHALL BE NOTARIZED. EXECUTION ON BEHALF OF ANY
CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.]
Approved as to Form
By:
Scott F. Field
City Attorney
City of Temecula
sff/LTR12004
DRAFT
DRAFT
04/27/90
CA AB 391
Page I
AUTHOR: Brown D
T~TLE: Development agreements
ZNTRODUCEDz 01/30/89
LAST AMEND: 04/24/89
LOCATZONt Senate Judiciary Committee
CODE SECTIONS:
An act to amend Section 65009 of the Government Code,
relating to development agreements.
SUMMARY
Prohibits, with certain exceptions, any action or proceeding
challenging the decision of the legislative body to adopt an
ordinance approving a development agreement, 120 days after the
decision, except that for development agreements recorded prioz~
120 days after January 1, 1990.
AB 391, as amended, D. Brown. Development a~reements.
Existing law permits cities and coun~iea ~o enter into
development agreements with any person having an interest in
real property for the developmen~ of the property after a
public hearing.
This bill would prohibit, with certain exceptions, any action
or proceeding challenging the decision of ~he legislative body
to adopt an ordinance approving a development agreement, 120
days after the decision, except ~hat for development agreements~
recorded prior to Janual7 1, 1990, actions or proceedings would
be required to be commenced and service made on the legislative
body within 120 days after January 1, 1990.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
STATUes
08/22/89 From SENATE Committee on JUDXCIARYX Failed
passage.
VOTZSx
04/12/89 Assembly Local GOvernment Committee P 9-
05/01/89 Assembly Floor P 57-
05/31/89 Senates Local Coverraw~Committee P 8-
08/22/89 Senate Judiciary Committee F ~-
PAIN ---
CA AB 3674
04/27/90
AUTHOR:
TZTLE:
ZNTRODUCED:
COMMITTEE:
HEARING:
Coresee
Land use: deveZopment agreements
03/01/90
Assembly Local Government Committee
05/09/90 2900 pm
CODE $ECTIONSz
An act to amend Section 65009 of the Government Code,
relating to land use.
SUMMARY:
Page 2
Requires any action or proceeding ~o attack, review, set aside~
void, or annul the decision of a legisla~ive bod~ to adopt an
ordinance approving or amending a development agreement and the
development agreement or amendment which is being adopted by
the ordinance, for development agreements or amendments adopted
on January 1, 1991, or later, be commenced and service made on
the legislative body within one year oZ the adoption or
amendments.
AB 3674, as introduced, Cottess. Land use: development
agreements.
Existing law permits cities and counties ~o enter into a
development agreement with any person having an interest in
real property for the development of the property, after a
public hearing, as speci~ied.
This bill would require any action or proceeding ~o attack,
review, set aside, void, or annul the decision of a legislative
body to adopt an ordinance approvtng or amending a development
agreement and the development agreement or amendment which is
being adopted by the ordinance, for development agreements or
amendments adopted on January 1, 1991, or later, be commenced
and service made on the legislative body within one year of the
adoption or amendments.
Votes majority. Appropriation= no. Fiscal committee: no.
State-mandated local pro~ramt no.
STArUSa
03/~2/90
To ASSEMBLY COmmittee on LOCAL GOVERNMENT.
END OF REPORT
Recorded at request of
Clerk. Board of Supervisors
County of Riverside
When recorded return to
Riverside County Planning Director
4080 Lemon Street. 9th Floor
Riverside. CA 92501
DEVELOPMENT AGREEMENT NO. 4
A development agreement between
COUNTY OF RIVERSIDE
and
KAISER DEVELOPMENT COMPANY
Specific Plan No. 219 - Vail Meadows
SECTION
1.1
1.1.1
1.1.2
1.1.3
114
115
116
117
118
119
1110
1111
1112
1113
1114
1115
1116
1117
1.2
2.1
2.2
2.3
2.4
2.4.1
2.4.2
2.4.3
2.4.4
2.4.5
2.5
2.6
2.7
Development Agreement No. 4
TABLE OF CONTENTS
HEADING
PAGE
RECITALS
DEFINITIONS AND EXHIBITS
3
Definitions
Agreement
COUNTY
Development
Development Approvals
Development Exaction .
Development Plan .
Effective Date
Existing Development Approvals
Existing Land Use Regulations
Land Use Regulations
OWNER
Mortgagee
Project
Property .........
Reservations of Authority
Subsequent Development Approvals
Subsequent Land Use Regulations
Exhibits
3
3
3
3
3
3
4
4
4
4
4
4
5
5
5
5
5
5
..... 5
GENERAL PROVISIONS
5
Binding Effect of Agreement
Ownership of Property
Term
Assignment ....
Right to Assign
Release of Transferring Owner
Subsequent Assignment
Partial Release of Purchaser.
Transferee. or Assignee of
Industrial or Commercial Lot
Termination of Agreement With
Respect to Individual Lots Upon
Sale to Public and Completion
of Construction
Amendment or Cancellation of Agreement
Termination
Notices
5
5
6
6
6
6
7
7
7
8
8
8
SECTION HEADING pAGE
3.1
3.2
3.3
3.4
3.5
3.6
3.6.1
3.6.2
3.6.3
3.6.4
3.7
3.8
3.9
3.10
3.11
4.1
4.2
4.2.1
4.2.2
4.2.3
4.2.4
4.2.5
4.3
6.2
6.3
6.4
6.5
6.6
7.1
7.2
7.3
DEVELOPMENT OF THE PROPERTY
10
Rights to Develop . 10
Effect of Agreement on Land Use
Regulations 10
Timing of Development . 10
Phasing Plan . 11
Changes and Amendments . . 11
Reservations of Authority 11
Limitations. Resarvations and
Exceptions 11
Subsequent Development Approvals 13
Modification or Suspension by
State or Federal Law 13
Intent . 13
Public WorKs . 13
Provision of Real Property
Interests by COUNTY ....... 13
Regulation by Other Public Agencies 14
Tentative Tract Map Extension 14
Vesting Tentative Maps 14
PUBLIC BENEF1TS
14
Intent
Public Facilities and Services
Mitigation Fee .
Amount and Components of Fee
Time of Payment
Reduction for Low-Occupancy
Annual Fee Adjustment
Credits
Continuation of Fees
14
15
15
15
15
16
16
16
FINANCING OF PUBLIC IMPROVEMENTS
17
REVIEW FOR COMPLIANCE
17
Periodic Review 17
Special Review . 17
Procedure 17
Proceedings Upon Modification
or Termination . 18
Hearing on Modification or Termination 18
Certificate of Agreement Compliance 18
1NCORPORAT1~Z~N AND ANNEXATION .
19
Intent . . .
Incorporation
Annexation .
19
19
19
ii
SECTION
8.1
8.2
8.3
8.4
8.5
9.1
9.2
9.3
9.4
9.5
9.6
10.
11.
11.1
11.2
11.3
11.4
11.5
11.6
11.7
11.8
11.9
11.10
11.11
11.12
11.13
11.14
11.15
11.16
11.17
11.18
11.19
11.20
HEADING
DEFAULT AND REMEDIES
Remedies in General
Specific Performance
Release ........
Termination or Modification of
Agreement for Default of OWNER
Termination of Agreement for
Default of COUNTY
THIRD PARTY LITIGATION
General Plan Litigation .
Third Party Ligitation Concerning
Agreement
Indemnity .
Environment Assurances
Reservation of Rights
Survival
MORTGAGEE PROTECTION
MISCELLANEOUS PROVISIONS
Recordation of Agreement
Entire Agreement
Severability
Interpretation and Governing Law
Section Headings
Singular and Plural .....
Joint and Several Obligations
Time of Essence
Waiver ...........
No Third Party Beneficiaries
Force Majeure
Mutual Covenants
Successors in Interest
Counterparts . .
Jurisdiction and Venus . . .
Project as a Private Undertaking
Further Actions and Instruments
Eminent Domain . .
Agent for Service of Process
Authority to Execute .
Signatures
PAGE
19
19
· 20
· 20
2O
21
21
21
22
21
22
22
23
23
24
24
24
24
24
25
25
25
25
25
25
25
25
26
26
26
26
26
26
27
27
27
iii
DEVELOPMENT AGREEMENT NO. 4
This Development Agreement (hereinafter "Agreement") is
entered into effective on the date it is recorded with the
Riverside County Recorder (hereinafter the "Effective Date") by
and among the COUNTY OF RIVERSIDE (hereinafter "COUNTY"). and the
persons and entities listed below (hereinafter ',OWNER"):
KAISER DEVELOPMENT COMPANY. a California corporation.
RECITALS
WHEREAS. COUNTY is authorized to enter into binding
development agreements with persons having legal or equitable
interests in real property for the development of such property.
pursuant to Section 65864. et seq. of the Government Code: and,
WHEREAS. COUNTY has adopted rules and regulations for
consideration of development agreements. pursuant to Section
65865 of the Government Code: and.
WHEREAS. OWNER has requested COUNTY to enter into a
development agreement and proceedings have been taken in
accordance with the rules and regulations of COUNTY; and,
WHEREAS. by electing to enter into this Agreement. COUNTY
shall bind future Boards of Supervisors of COUNTY by the
obligations specified herein and limit the future exercise of
certain governmental and proprietary powers of COUNTY: and.
WHEREAS. the terms and conditions of this Agreement have
undergone extensive review by COUNTY and the Board of Supervisors
and have been found to be fair. just and reasonable: and.
WHEREAS. the best interests of the citizens of Riverside
County and the public health. safety and welfare will be served
by entering into this Agreement: and.
WHEREAS, all of the procedures of the California
Environmental Quality Act have been met with respect to the
Project and the Agreement: and.
MHEM~AS, this Agreeseat and the Project are consistent
with the Riverside County Comprehensive General Plan and any
Specific Plan applicable thereto; and.
-1-
WHEREAS. all actions taken and approvals given by COUNTY
have been duly taken or approved in accordance with all
applicable legal requirements for notice. public hearings.
findings. votes. and other procedural matters: and.
WHEREAS. development of the Property in accordance with
this Agreement will provide substantial benefits to COUNTY and
will further important policies and goals of COUNTY: and.
WHEREAS. this Agreement will eliminate uncertainty in
planning and provide for the orderly development of the Property.
ensure progressive installation of necessary improvements.
provide for public services appropriate to the development of the
Project. and generally serve the purposes for Which development
agreements under Sections 65864. et seg. of the Government Code
are intended; and.
WHEREAS. on June 28. 1988. Special Assessment District
No. 159 was formed by County Resolution No. 88-192 pursuant to a
petition. executed by OWNER. requesting the District to be formed
and consenting to said District being formed to provide a
financing mechanism to pay for the construction of certain public
facilities that would benefit the Property and OWNER advanced
those monies needed to pay all costs associated with forming said
District and retained and paid civil engineers to design and
engineer the public facilities to be constructed. and said public
facilities were designed to benefit the Property and certain of
the facilities may have been oversized to benefit adjacent
properties and the public at large: and.
WHEREAS, OWNER has incurred and will in the future incur
substantial cost in order to assure development of the Property
in accordance with this Agreement: and,
WHEREAS, OWNER has incurred and will in the future incur
substantial costs in excess of the generally applicable
requirements in order to assure vesting of legal rights to
develop the Property in accordance with this Agreement.
III
III
III
III
III
III
III
III
-Z-
COVENANTS
NOW, THEREFORE, in consideration of the above recitals
and of the mutual covenants hereinafter contained and for other
good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1 Definitions. The following terms when used in this
Agreement shall be defined as follows:
1.1.1
Agreement.
"Agreement" means this Development
1.1.2 "COUNTY" means the County of Riverside, a
political subdivision Of the State of California.
1.1.3 "Development" means the improvement of
the Property for the purposes of completing the
structures, improvements and facilities comprising the
Project including, but not limited to: grading: the
construction of infrastructure and public facilities
related to the Project whether located within or outside
the Property; the construction of buildings and
structures: and the installation of landscaping.
"Development" does not include the maintenance. repair,
reconstruction or redevelopment of any building,
structure, improvement or facility after the construction
and completion thereof.
1.1.4 "Development Approvals" means all permits
and other entitlements for use subject to approval or
issuance by COUNTY in connection with development of the
Property including, but not limited
(a) Specific plans and specific plan
amendments:
(b) Tentative and final subdivision and
parcel maps:
(c) Conditional use permits, public use
permits and plot plans;
(d) Zoning:
(e) Cradin~ anti buildin~ ~ermizs.
1.1.5 "Development Exaction" means any
requirement of COUNTY in connection with or pursuant to
any Land Use Regulation or Development Approval for the
dedication of land, the construction of improvements or
public facilities, or the payment of fees in order
-3-
to lessen, offset. mitigate or compensate for the impacts
of development on the environment or other public
interests.
1.1.6 "Development Plan" means the Existing
Development Approvals and the Existing Land Use
Regulations applicable to development of the Property.
1.1.7 "Effective Date" means the date this
Agreement is recorded with the County Recorder.
1.1.8 "Existing Development Approvals" means
all Development Approvals approved or issued prior to the
Effective Date. Existing Development Approvals includes
the Approvals incorporated herein as Exhibit "C" and all
other Approvals which are a matter of public record on
the Effective Date.
1.1.9 "Existing Land Use Regulations" means all
Land Use Regulations in effect on the Effective Date.
Existing Land Use Regulations includes the Regulations
incorporated herein as Exhibit "D" and all other
Regulations which are a matter of public record on the
Effective Date.
1.1.10 "Land Use Regulations" means all
ordinances, resolutions, codes, rules, regulations and
official policies of COUNTY governing the development and
use of land, including, without limitation, the permitted
use of land, the density or intensity of use. subdivision
requirements, the maximum height and size of proposed
buildings, the provisions for reservation or dedication
of land for public purposes. and the design. improvement
and construction standards and specifications applicable
to the development of the property. "Land Use
Regulations" does not include any COUNTY ordinance,
resolution. code, rule, regulation or official policy,
governing:
(a) The conduct of businesses. professions,
and occupations;
(b) Taxes and assessments:
(c) The control and abatement of nuisances:
(d) The granting of encroachment permits and
zhe conveyance of rights and interests which
provide for the use of or the entry upon public
property:
(e) The exercise of the power of eminent
domain.
1.1.11 "OWNER" means the persons and entities
listed as OWNER on page 1 of this Agreement and their
successors in interest to all or any part of the Property.
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and
1.1.12 "Mortgagee" means a mortgagee of a
mortgage. a beneficiary under a deed of trust or any
other security-device lender. and their successors and
assigns.
1.1.13 "Project" means the development of the
Property contemplated by the Development Plan as such
Plan may be further defined. enhance8 or modified
pursuant to the provislons of this Agreement.
1.1.14 "Property" meant the real property
described on Exhibit "A" and shawn on Exhibit "B" to
Agreement.
this
1.1.15 "Reservations of Authority" means the
rights and authority excepted from the assurances and
rights provided to OWNER under this Agreement and
reserved to COUNTY under Section 3.6 of this Agreement.
1.1.16 "Subsequent Development Approvals" means
all Development Approvals required subsequent to the
Effective Date in connection with development of the
Property.
1.1.17 "Subsequent Land Use Regulations" means
any Land Use Regulations adopted and effective after the
Effective Date of this Agreement.
1.2 Exhibits. The following documents are attached to.
by this reference made a part of. this Agreement:
Exhibit "A' -- Legal Description of the Property.
Exhibit "B" -- Map showing Property and its
location.
Exhibit "C" -- Existing Development Approvals.
Exhibit "D" -- Existing Land Use Regulations.
Exhibit "E" -- Fee Credits.
2. GENERAL PROVISIONS.
2.1 Bindina Effect of Agreement. The Property is
hereby made subject to this Agreement. Development of the
Property is hereby authorized and shall be carried ou~ only in
accordance with the terms of this Agreemenl.
2.2 Ownership of Property. OWNER represents and
covenants that it is the owner of the fee simple title to the
Property or a portion thereof.
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2.3 Term. The term of this Agreement shall commence on
the Effective Date and shall continue for a period of ten (10)
years thereafter unless this term is modified or extended
pursuant to the provisions of this Agreement.
Assignment.
2.4.1 Right to Assign. OWNER shall have the
right to sell, transfer or assign the Property in whole
or in part (provided that no such partial transfer shall
violate the Subdivision Map Act, Government Code Section
66410, et seq., Or Riverside County Ordinance No. 460) to
any person, partnership, Joint venture, firm or
corporation at any time during the term of this
Agreement; provided, however, that any such sale,
transfer or assignment shall include the assignment and
assumption of the rights, duties and obligations arising
under or from this Agreement and be made in strict
compliance with the following conditions precedent:
(a) No sale. transfer or assignment of any
right or interest under this Agreement shall be
made unless made together with the sale. transfer
or assignment of all or a part of the Property.
(b) Concurrent with any such sale, transfer
or assignment, or within fifteen (15) business days
thereafter, OWNER shall notify COUNTY, in writing,
of such sale, transfer or assignment and shall
provide COUNTY with an executed agreement, in a
form reasonably acceptable to COUNTY, by the
purchaser, transferee or assignee and providing
therein that the purchaser, transferee or assignee
expressly and unconditionally assumes all the
duties and obligations of OWNER under this
Agreement.
Any sale. transfer or assignment not made in strict
compliance with the foregoing conditions shall constitute
a default by Owner under this Agreement. Notwithstanding
the failure of any purchaser. transferee or assignee to
execute the agreement required by Paragraph (b) of this
Subsection 2.4.1, the burdens of this Agreement shall be
binding upon such purchaser, transferee or assignee, but
the benefits of this Agreement shall not inure to such
purchaser, transferee or assignee until and unless such
agreement is executed.
2.4.2 ~elemse oT Transferring Owner.
Notwithstanding any sale, transfer or assignment, a
transferring OWNER shall continue to be obligated under
this Agreement unless such transferring OWNER is given a
release in writing by COUNTY, which release shall be
provided by COUNTY upon the full satisfaction by such
transferring OWNER of the following conditions:
-6-
(a) OWNER no longer has a legal or equitable
interest in all or any part of the Property.
(b) OWNER is not then in default under this
Agreement.
(c) OWNER has provided COUNTY with the notice
and executed agreement required under Paragraph (b)
of Subsection 2.4.1 above.
(d) The purchaser. transferee or assignee
provides COUNTY with security equivalent to any
security previously provided by OWNER to secure
performance of its obligations hereunder.
2.4.3 Subsequent Assignment. Any subsequent
sale. transfer or assignment after an initial sale.
transfer or assignment shall be made only in accordance
with and subject to the terms and conditions of this
Section.
2.4.4 Partial Release of Purchaser. Transferee
or Assignee of Industrial or Commercial Lot. A
purchaser. transferee or assignee of a lot. which has
been finally subdivided as provided for in the
Development Plan and for which a commercial or industrial
plot plan for development of the lot has been finally
approved pursuant to the Development Plan. may submit a
request. in writing. to COUNTY to release said lot from
the obligations under this Agreement relating to all
other portions of the property. Within thirty (30) days
of such request. COUNTY shall review. and if the above
conditions are satisfied shall approve the request for
release and notify the purchaser. transferee or assignee
in writing thereof. No such release approved pursuant to
this Subsection 2.4.4 shall cause. or otherwise affect. a
release of OWNER from its duties and obligations under
this Agreement.
2.4.5 Termination of A~reement With Respect to
Individual Lots UPon Sale to Public and Completion of
Construction. The provisions of Subsection 2.4.1 shall
not apply to the sale or lease (for a period longer than
one year) of any lot which has been finally subdivided
and is individually (and not in "bulk") sold or leased to
a member of the public or other ultimate user.
Notwithstanding any other provisions of this Agreement.
this Agreement shall terminate with respect to any lot
and such lot shall be released and no longer be subject
to this Agreement without the execution or recordation of
any further document upon satisfaction of both of the
following conditions:
(a) The lot has been finally subdivided and
individually (and not in "bulk") sold or leased
(for a period longer than one year) to a member of
the public or other ultimate user; and.
(b) A Certificate of Occupancy has been
issued for a building on the lot. and the fees set
forth under Section 4 of this Agreement have been
paid.
2.5 Amendment or Cancellation of A~reement. This
Agreement may be amended or cancelled in whole or in part only by
written consent of all parties in the manner provided for in
Government Code Section 65868. This provision shall not limit
any remedy of COUNTY or OWNER as provided by this Agreement.
2.6 Termination. This Agreement shall be deemed
terminated and of no further effect upon the occurrence of any of
the following events:
(a) Expiration of the stated term of this
Agreement as set forth in Section 2.3.
(b) Entry of a final judgment setting aside.
voiding or annulling the adoption of the ordinance
approving this Agreement.
(c) The adoption of a referendum measure
overriding or repealing the ordinance approving this
Agreement.
(d) Completion of the Project in accordance with
the terms of this Agreement including issuance of all
required occupancy permits and acceptance by COUNTY or
applicable public agency of all required dedications.
Termination of this Agreement shall not constitute
termination of any other land use entitlements approved for the
Property. Upon the termination of this Agreement, no party shall
have any further right or obligation hereunder except with
respect to any obligation to have been performed prior to such
termination or with respect to any default in the performance of
the provisions of this Agreement which has occurred prior to such
termination or with respect to any obligations which are
specifically set forth as surviving this Agreement. Upon such
termination. any public facilities and services mitigation fees
paid pursuant to Section 4.2 of this Agreement by OWNER to COUNTY
for residential units on which construction has not yet begun
shall be refunded to OWNER by COUNTY.
2.7 Notices.
(a) As used in this Agreement, "notice" includes,
but is not limited to, the communication of notice,
request, demand, approval, statement, report, acceptance,
consent, waiver, appointment or other communication
required or permitted hereunder.
-8-
time,
(b) All notices shall be in writing and shall be
considered given either: (i) when delivered in person to
the recipient named below: or (ii) on the date of
delivery shown on the return receipt, after deposit in
the United States mail in a sealed envelope as either
registered or certified mail with return receipt
requested, and postage and postal charges prepaid, and
addressed to the recipient named below: or (iii) on the
date of delivery shown in the records of the telegraph
company after transmission by telegraph to the recipient
named below. All notices shall be addressed as follows:
If to COUNTy:
Clerk of the Board of Supervisors
County of Riverside
4080 Lemon St., 14th Floor
Riverside, CA 92501
with copies to:
County Administrative Officer
County of Riverside
4080 Lemon St., 12th Floor
Riverside, CA 92501
and
Director
Planning Department
County of Riverside
4080 Lemon St., 9th Floor
Riverside, CA 92501
County Counsel
County of Riverside
3535 Tenth St., Suite
Riverside, CA 92501
300
If to OWNER:
Kaiser Development Company
c/o Rancho California Development Company
28250 Ynez Road
Rancho California, CA. 92390
with a copy to:
Dennis D. O'Netl, E~q.
Pettis, Tester, Kruse & Krinsky
18881 Won Karman, 16th. Floor
Irvine, CA. 92715
(c) Either party may, by notice given at any
require subsequent notices to be given to another person or
-9-
entity, whether a party or an officer or representative of a
party. or to a different address. or both. Notices given before
actual receipt of notice of change shall not be invalidated by
the change.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Rights to Develop. Subject to the terms of this
Agreement including the Reservations of Authority, OWNER shall
have a vested right to develop the Property in accordance with,
and to the extent of, the Development Plan. The Project shall
remain subject to all Subsequent Development Approvals required
to complete the Project as contemplated by the Development Plan.
Except as otherwise provided in this Agreement, the permitted
uses of the Property, the density and intensity of use, the
maximum height and size of proposed buildings. and provisions for
reservation and dedication of land for public purposes shall be
those set forth in the Development Plan.
3.2 Effect of Agreement on Land Use Regulations.
Except as otherwise provided under the terms of this Agreement
including the Reservations of Authority, the rules, regulations
and official policies governing permitted uses of the Property,
the density and intensity of use of the Property, the maximum
height and size of proposed buildings, and the design,
improvement and construction standards and specifications
applicable to development of the Property shall be the Existing
Land Use Regulations. In connection with any Subsequent
Development Approval, COUNTY shall exercise its discretion in
accordance with the Development Plan, and as provided by this
Agreement including, but not limited to, the Reservations of
Authority. COUNTY shall accept for processing, review and action
all applications for Subsequent Development Approvals. and such
applications shall be processed in the normal manner for
processing such matters.
3.3 Timing of Development. The parties acknowledge
that OWNER cannot at this time predict when or the rate at which
phases of the Property will be developed. Such decisions depend
upon numerous factors which are not within the control of OWNER,
such as market orientation and demand, interest rates,
absorption, completion and other similar factors. Since the
California Supreme Court held in Pardee Construction Co. v. City
of Camarillo (1984) 37 Cal.3d 465, that the failure of the
parties therein to provide for the timing of development resulted
in a later adopted initiative restricting the timing of
development to prevail over such ~arties' agreement. it is the
parties' intent to cure that deficiency by acknowledging and
providing that OWNER shall have the right to develop the Property
in such order and at such rate and at such times as OWNER deems
appropriate within the exercise of its subjective business
judgment, subject only to any timing or phasing requirements set
forth in the Development Plan or the Phasing Plan set forth in
Section 3.4.
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3.4 PhasinQ Plan. Development of the Property shall be
subject to all timing and phasing requirements established by the
Development Plan.
3.5 Chan~es and Amendments. The parties acknowledge
that refinement and further development of the Project will
require Subsequent Development Approvals and may demonstrate that
Changes are appropriate and mutually desirable in the Existing
Development Approvals. In the event OWNER finds that a change in
the Existing Development Approvals is necessary or appropriate.
OWNER shall apply for a Subsequent Deve!opment Approval to
effectuate such change and COUNTY shall process and act on such
application in accordance with the Existing Land Use Regulationso
except as otherwise provided by this Agreement including the
Reservations of Authority. If approved. any such change in the
Existing Development Approvals shall be incorporated herein as an
addendum to Exhibit "C". and may be further changed from time to
time as provided in this Section. Unless otherwise required by
law. as determined in COUNTY's reasonable discretion. a change to
the Existing Development Approvals shall be deemed "minor" and
not require an amendment to this Agreement provided such change
does not:
(a) Alter the permitted uses of the Property as a
whole; or.
(b) Increase the density or intensity of use of
the Property as a whole; or,
(c) Increase the maximum height and size of
permitted buildings; or,
(d) Delete a requirement for the reservation or
dedication of land for public purposes within the
Property as a whole; or,
(e) Constitute a project requiring a subsequent or
supplemental environmental impact report pursuant to
Section 21166 of the Public Resources Code.
3.6 Reservations of Authority.
3.6.1 Limitations, Reservations and
Exceptions. Notwithstanding any other provision of this
Agreement, the following Subsequent Land Use Regulations
shall apply to the development of the Property.
(a) Processing fees and charges of every kind
and nature imposed by COUNTY to cover the estimated
actual costs ~o COUNTY of ~rocessin~ applications
for Development Approvals or for monitoring
compliance with any Development Approvals granted
or issued.
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(b) Procedural regulations relating to
hearing bodies. petitions. applications. notices,
findings. records. hearings. reports.
recommendations. appeals and any other matter of
procedure.
(c) Regulations governing construction
standards and specifications including. without
limitation, the County's Building Code. Plumbing
Code, Mechanical Code, Electrical Code, Fire Code
and Grading Code.
(d) Regulations imposing Development
Exactions; provided, however. that no such
subsequently adopted Development Exaction shall be
applicable to development of the Property unless
such Development Exaction is applied uniformly to
development, either throughout the COUNTY or within
a defined area of benefit which includes the
Property. No such subsequently adopted Development
Exaction shall apply if its application to the
Property would physically prevent development of
the Property for the uses and to the density or
intensity of development set forth in the
Development Plan. In the event any such
subsequently adopted Development Exaction fulfills
the same purposes. in whole or in part. as the fees
set forth in Section 4 of this Agreement. COUNTY
shall allow a credit against such subsequently
adopted Development Exaction for the fees paid
under Section 4 of this Agreement to the extent
such fees fulfill the same purposes.
(e) Regulations which may be in conflict with
the Development Plan but which are reasonably
necessary to protect the public health and safety.
To the extent possible. any such regulations shall
be applied and construed so as to provide OWNER
with the rights and assurances provided under this
Agreement.
(f) Regulations which are not in conflict
with the Development Plan. Any regulation. whether
adopted by initiative or otherwise. limiting the
rate or timing of development of the Property shall
be deemed to conflict with the Development Plan and
shall therefore not be applicable to the
development of the Property.
(g) Regulations which are in conflict with
the Development Plan provided OWNER has given
written consent to the application of such
regulations to development of the Property.
-12-
3.6.2 SubseQuent Development Approvals. This
Agreement shall not prevent COUNTY, in acting on
Subsequent Development Approvals, from applying
Subsequent Land Use Regulations which do not conflict
with the Development Plan, nor shall this Agreement
prevent COUNTY from denying or conditionally approving
any Subsequent Development Approval on the basis of the
Existing Land Use Regulations or any Subsequent Land Use
Regulation not in conflict with the Development Plan.
3.6.3 Modification or Suspension by State or
Federal Law. In the event that State or Federal laws or
regulations, enacted after the Effective Date of this
Agreement, prevent or preclude compliance with one or
more of the provisions of this Agreement, such provisions
of this Agreement shall be modified or suspended as may
be necessary to comply with such State or Federal laws or
regulations, provided, however, that this Agreement shall
remain in full force and effect to the extent it is not
inconsistent with such laws or regulations and to the
extent such laws or regulations do not render such
remaining provisions impractical to enforce.
3.6.4 Intent. The parties acknowledge and
agree that COUNTY is restricted in its authority to limit
its police power by contract and that the foregoing
limitations. reservations and exceptions are intended to
reserve to COUNTY all of its police power which cannot be
so limited. This Agreement shall be construed. contrary
to its stated terms if necessary. to reserve to COUNTY
all such power and authority which cannot be restricted
by contract.
3.7 Public Works. If OWNER is required by this
Agreement to construct any public works facilities which will be
dedicated to COUNTY or any other public agency upon completion.
and if required by applicable laws to do so. OWNER shall perform
such work in the same manner and subject to the same requirements
as would be applicable to COUNTY or such other public agency
should it have undertaken such construction.
3.8 Provision of Real Property Interests by COUNTY. In
any instance where OWNER is required to construct any public
improvement on land not owned by OWNER, OWNER shall at its sole
cost and expense provide or cause to be provided, the real
property interests necessary for the construction of such public
improvements. In the event OWNER is unable, after exercising
reasonable efforts. including. but not limited to. the rights
under Sections 1001 and 1002 of the Civil Code. to acquire the
real property interests necessary for the construction of such
public improvements. and if so instructed by OWNER and upon
OWNER'S provision of adequate security for costs COUNTY may
reasonably incur. COUNTY shall negotiate the purchase of the
necessary real property interests to allow OWNER to construct the
public improvements as required by this Agreement and. if
-13-
necessary. in accordance with the procedures established by law,
use its power of eminent domain to acquire such required real
property interests. OWNER shall pay all costs associated with
such acquisition or condemnation proceedings. This section 3.8
is not intended by the parties to impose upon the OWNER an
enforceable duty to acquire land or construct any public
improvements on land not owned by OWNER, except to the extent
that the OWNER elects to proceed with the development of the
Project, and then only in accordance with valid conditions
imposed by the COUNTY upon the development of the Project under
the Subdivision Map Act or other legal authority.
3.9 Requlation bY Other Public A~encies. It is
acknowledged by the parties that other public agencies not within
the control of COUNTY possess authority to regulate aspects of
the development of the Property separately from or jointly with
COUNTY and this Agreement does not limit the authority of such
other public agencies. For example, pursuant to Government Code
Section 66477 and Section 10.35 of Riverside County Ordinance No.
460, another local public agency may provide local park and
recreation services and facilities and in that event, it is
permitted. and therefore shall be permitted by the parties. to
participate jointly with COUNTY to determine the location of land
to be dedicated or in lieu fees to be paid for local park
purposes, provided that COUNTY shall exercise its authority
subject to the terms of this Agreement.
3.10 Tentative Tract Map Extension. Notwithstanding
provisions of Section 66452.6 of the Government Code, no
tentative subdivision map or tentative parcel map, heretofore
hereafter approved in connection with development of the
Property, shall be granted an extension of time except in
accordance with the Existing Land Use Regulations.
the
or
3.11 Vestinq Tentative Maps. If any tentative or final
subdivision map. or tentative or final parcel map, heretofore or
hereafter approved in connection with development of the
Property, is a vesting map under the Subdivision Map Act
(Government Code Section 66410, e~ se~.) and Riverside County
Ordinance No. 460 and if this Agreement is determined by a final
judgment to be invalid or unenforceable insolaf as it grants a
vested right to develop to OWNER, then and to that extent the
rights and protections afforded OWNER under the laws and
ordinances applicable to vesting maps shall supersede the
provisions of this Agreement. Except as set forth immediately
above, development of the Property shall occur only as provided
in this Agreement, and the provisions in this Agreement shall be
controlling over any con£1icting pzovision of law or ordinance
concerning ves~in~ maps.
4. PUBLIC BENEFITS.
4.1 ~ntent. The parties acknowledge and agree that
development of the Property will result in substantial public
-14-
needs which will not be fully met by the Development Plan and
further acknowledge and agree that this Agreement confers
substantial private benefits on OWNER which should be balanced
commensurate public benefits. Accordingly, the parties intend
provide consideration to the public to balance the private
benefits conferred on OWNER by providing more fully for the
satisfaction of the public needs resulting from the Project.
by
4.2 Public Facilities and Services Mitigation Fee.
4.2.1 Amount and Components of Fee. OWNER
shall pay to COUNTY a public facilities and services
mitigation fee in the total amount of $4277.00 for each
residential unit constructed on the Property, which fee
shall be comprised of the following components:
Ca) Public Facilities Fee
$1891 per Residential
Unit
(b) Regional Parkland Fee
$350.00 per
Residential Unit with
$50.00 allocated for
recreational trails
(c)
Habitat Conservation
and Open Space Land
Bank Fee
$260.00 per
Residential Unit
(d)
Public Services
Offset Fee
$1776.00 per
Residential Unit
The amount
mitigation
Subsection
of the public facilities and services
fee shall be adjusted annually as provided in
4.2.4.
4.2.2 Time of Payment. The fees required
pursuant to Subsection 4.2.1 shall be paid to COUNTY
prior to the issuance of building permits for each
residential unit. No fees shall be payable for building
permits issued prior to the Effective Date of this
Agreement, but the fees required pursuant to Subsection
4.2.1 shall be paid prior to the re-issuance or extension
of any building permit for a residential unit for which
such fees have not previously been paid.
4.2.3 Reduction for Low-Occupancy Residential
Units. The lees required pursuant to Subsection 4.2.1
shall be reduced by 33.3 percent for low-occupancy
residential units. For the purposes of this Subsection,
low-occupancy residential units shall be limited to the
following:
(a) One bedroom and studio apartments
rooms, dens, and any similar room shall be
considered to be bedrooms):
(family
(b) Mobilehomes:
(c) Residential units in developments that
are legally restricted to occupancy by senior
citizens pursuant to Riverside County Ordinance No.
348 Or state law.
4.2.4 Annual Fee Adjustment. The fees required
pursuant to Subsection 4.2.1 shall be adjusted annually
during the term of this Agreement on the anniversary of
the Effective Date in accordance with the changes in the
Consumer Price Index for All Urban Consumers in the Los
Angeles-Anaheim-Riverside Area (hereinafter CP1)
published monthly by the U.S. Bureau of Labor
Statistics. The annual adjustment shall be calculated in
the following manner:
(a) Divide the CPI for month and year of the
Effective Date into the CPI for the month
immediately preceding the anniversary in which said
fees are to be adjusted.
(b) Multiply the quotient obtained by the
calculation in Paragraph (a) above times said fees.
(c) The result of the multiplication obtained
in Paragraph (b) above shall constitute the fees
payable during the succeeding year.
If the CPI specified herein is discontinued or revised
during the term of this Agreement, such other government
index or computation with which it is replaced shall be
used in order to obtain substantially the same result as
would have been obtained if the CPI had not been
discontinued.
In no event shall the fees be less than the fees set
forth in Subsection 4.2.1.
4.2.5 Credits. OWNER shall be entitled to
credit against the fees required pursuant to Subsection
4.2.1 for the dedication of land. the construction of
improvements or the payment of fees as specifically set
forth in Exhibit "E".
To the extent that Subsection 4.2.4 results in an
increase in the fees payable pursuant to 4.2.1(a). then
the credit provided in this Subsection for Public
Facilities as specified in Exhibit "E" shall be likewise
increased by the same percentage. No increase in the
credits set forth in Exhibit "E" shall be allowed for any
item which is not specifically identified as a Public
Facility Credit on Exhibit "E".
4.3 Continuation of Fees. Should all or any portion of
Property become part of a city or another 9ounty. the fees
payable pursuant to Section 4.2 shall remain and still be payable
to COUNTY on the following basis:
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(a) Fees under 4.2.1(a) shall be payable at the
rate of five and three tenths percent (5.3%) thereof to
COUNTY and the remainder to such city or other county.
(b) Fees payable under Subsections 4.2.1(b) and
(c) shall be fully payable to COUNTY.
(c) Fees under Subsection 4.2.1(d) shall be
payable at the rate of one-third (1/3) thereof to such
city or other county and the remainder to COUNTY.
5. FINANCING OF PUBLIC IMPROVEMENTS.
If deemed appropriate. COUNTY and OWNER will cooperate in
the formation of any special assessment district. community
facilities district or alternate financing mechanism to pay for
the construction and/or maintenance and operation of public
infrastructure facilitles required as part of the Development
Plan. COUNTY also agrees that. to the extent any such district
or other financing entity is formed and sells bonds in order to
finance such reimbursements. OWNER may be reimbursed to the
extent that OWNER spends funds or dedicates land for the
establishment of public facilities. Notwithstanding the
foregoing. it is acknowledged and agreed by the parties that
nothing contained in this Agreement shall be construed as
requiring COUNTY or the COUNTY Board of Supervisors to form any
such district or to issue and sell bonds.
6. REVIEW FOR COMPLIANCE.
6.1 Periodic Review. The Planning Director shall
review this Agreement annually. on or before the anniversary of
the Effective Date. in order to ascertain the good faith
compliance by OWNER with the terms of the Agreement. OWNER shall
submit an Annual Monitoring Report. in a form acceptable to the
Planning Director. within 30 days after written notice from the
Planning Director. The Annual Monitoring Report shall be
accompanied by an annual review and administration fee sufficient
to defray the estimated costs of review and administration of the
Agreement during the succeeding year. The amount of the annual
review and administration fee shall be set annually by resolution
of the Board of Supervisors.
6.2 Special Review. The Board of Supervisors may order
a special review of compliance with this Agreement at any time.
The Planning Dizector shall conduct such special reviews.
Procedure.
(a) During either a periodic review or a special
review. OWNER shall be required to demonstrate good faith
compliance with the terms of the Agreement. The burden
of proof on this issue shall be on OWNER.
-17-
(b) Upon completion of a periodic review or a
special review. the Planning Director shall submit a
report to the Board of Supervisors setting forth the
evidence concerning good faith compliance by OWNER with
the terms of this Agreement and his recommended finding
on that issue.
(c) If the Board finds on the basis of substantial
evidence that OWNER has complied in good faith with the
terms and conditions of this Agreement, the review shall
be concluded.
(d) If the Board makes a preliminary finding that
OWNER has not complied in good faith with the terms and
conditions of this Agreement, the Board may modify or
terminate this Agreement as provided in Section 6.4 and
Section 6.5. Notice of default as provided under Section
8.4 of this Agreement shall be given to OWNER prior to or
concurrent with, proceedings under Section 6.4 and
Section
6.4 Proceedings Upon Modification or Termination. If,
upon a finding under Section 6.3, COUNTY determines to proceed
with modification or termination of this Agreement. COUNTY shall
give written notice to OWNER of its intention so to do. The
notice shall be given at least ten calendar days prior to the
scheduled hearing and shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not COUNTY
proposes to terminate or to modify the Agreement; and.
(c) Such other information as is reasonably
necessary to inform OWNER of the nature of the proceeding.
6.5 Hearing on Modification or Termination. At the
time and place set for the hearing on modification or
termination, OWNER shall be given an opportunity to be heard.
OWNER shall be required to demonstrate good faith compliance with
the terms and conditions of this Agreement. The burden of proof
on this issue shall be on OWNER. If the Board of Supervisors
finds. based upon substantial evidence. that OWNER has not
complied in good faith with the terms or conditions of the
Agreement. the Board may terminate this Agreement or modify this
Agreement and impose such conditions as are reasonably necessary
to protect the interests of the County. The decision of the
Board of Supervisors shall be final. subject only to judicial
review pursuant to Section 1094.5 of the Code of Civil Procedure.
6.6 Certificate of Agreement Compliance. If, at the
conclusion of a Periodic or Special Review, OWNER is found to be
in compliance with this Agreement, COUNTY shall, upon request by
OWNER, issue a Certificate of Agreement Compliance
("Certificate") to OWNER stating that after the most recent
-18-
Periodic or Special Review and based upon the information known
or made Known to the Planning Director and Board of Supervisors
that (1) this Agreement remains in effect and (2) OWNER is not in
default. The Certificate shall be in recordable form, shall
contain information necessary to communicate constructive record
notice of the finding of compliance, shall state whether the
Certificate is issued after a Periodic or Special Review and
shall state the anticipated date of commencement of the next
Periodic Review. OWNER may record the Certificate with the
County Recorder.
Whether or not the Certificate is relied upon by
assignees or other transferees or OWNER, COUNTY shall not be
bound by a Certificate if a default existed at the time of the
Periodic or Special Review. but was concealed from or otherwise
not known to the Planning Director or Board of Supervisors.
7. INCORPORATION AND ANNEXATION.
7.1 Intent. If all or any portion of the Property is
annexed to or otherwise becomes a part of a city or another
county, it is the intent of the parties that this Agreement shall
survive and be binding upon such other ]urisdiction.
7.2 Incorporation. If at any time during the term of
this Agreement. a city is incorporated comprising all or any
portion of the Property. the validity and effect of this
Agreement shall be governed by Section 65865.3 of the Government
Code.
7.3 Annexation. OWNER and COUNTY shall oppose, in
accordance with the procedures provided by law. the annexation to
any city of all or any portion of the Property unless both OWNER
and COUNTY give written consent to such annexation.
8. DEFAULT AND REMEDIES.
8.1 Remedies in General. It is acknowledged by the
parties that COUNTY Would not have entered into this Agreement if
it were to be liable in damages under this Agreement. or with
respect to this Agreement or the application thereof.
In general. each of the parties hereto may pursue
any remedy at law or equity available for the breach of any
provision of this Agreement. except that COUNTY shall not be
liable in damages to OWNER, or to any successor in interest of
OWNER, or to any other person, and OWNER covenants no~ to sue for
damages or claim any damages:
(a) For any breach of this Agreement or for any
cause of action which arises out of this Agreement; or
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(b) For the taking, impairment or restriction of
any right or interest conveyed or provided under or
pursuant to this Agreement; or
(c) Arising out of or connected with any dispute,
controversy or issue regarding the application or
interpretation or effect of the provisions of this
Agreement.
8.2 Specific Performance. The parties acknowledge that
money damages and remedies at law generally are inadequate and
specific performance and other non-monetary relief are
particularly appropriate remedies for the enforcement of this
Agreement and should be available to all parties for the
following reasons:
(a) Money damages are unavailable against COUNTY
as provided in Section 8.1 above.
(b) Due to the size. nature and scope of the
project. it may not be practical or possible to restore
the Property to its natural condition once implementation
of this Agreement has begun. After such implementation.
OWNER may be foreclosed from other choices it may have
had to utilize the Property or portions thereof. OWNER
has invested significant time and resources and performed
extensive planning and processing of the Project in
agreeing to the terms of this Agreement and will be
investing even more significant time and resources in
implementing the Project in reliance upon the terms of
this Agreement. and it is not possible to determine the
sum of money which would adequately compensate OWNER for
such efforts.
8.3 Release. Except for nondamage remedies, including
the remedy of specific performance and judicial review as
provided for in Section 6.5, OWNER, for itself, its successors
and assignees, hereby releases the COUNTY, its officers, agents
and employees from any and all claims, demands, actions, or suits
of any kind or nature arising out of any liability, known or
unknown, present or future, including, but not limited to, any
claim or liability, based or asserted, pursuant to Article I,
Section 19 of the California Constitution, the Fifth Amendment of
the United States Constitution, or any other law or ordinance
which seeks to impose any other liability or damage. whatsoever.
upon the COUNTY because it entered into this Agreement or because
of the terms of this Agreement.
8.4 Term~nation or Modi[ica~on o~ A~r~ement
Default of OWNER. Subject to the provisions contained in
Subsection 6.S herein. COUNTY may terminate or modify this
Agreement for any failure of OWNER to perform any material duty
or obligation of OWNER under this Agreement. or to comply in good
faith with the terms of this Agreement (hereinafter referred to
as "default"): provided. however. COUNTY may terminate or modify
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this Agreement pursuant to this Section only after providing
written notice to OWNER of default setting forth the nature of
the default and the actions. if any. required by OWNER to cure
such default and. where the default can be cured. OWNER has
failed to take such actions and cure such default within 60 days
after the effective date of such notice or. in the event that
such default cannot be cured within such 60 day period but can be
cured within a longer time. has failed to commence the actions
necessary to cure such default within such 60 day period and to
diligently proceed to complete such actions and cure such default.
8.5 Termination of Agreement for Default of COUNTY.
OWNER may terminate this Agreement only in the event of a default
by COUNTY in the performance of a material term of this Agreement
and only after providing written notice to COUNTY of default
setting forth the nature of the default and the actions. if any.
required by COUNTY to cure such default and. where the default
can be cured. COUNTY has failed to take such actions and cure
such default within 60 days after the effective date of such
notice or. in the event that such default cannot be cured within
such 60 day period but can be cured within a longer time, has
failed to commence the actions necessary to cure such default
within such 60 day period and to diligently proceed to complete
such actions and cure such default.
9. THIRD PARTY LITIGATION.
9.1 General Plan Litiqation. COUNTY has determined
that this Agreement is consistent with its Comprehensive General
Plan, herein called General Plan, and that the General Plan meets
all requirements of law. OWNER has reviewed the General Plan and
concurs with COUNTY's determination. The parties acknowledge
that:
(a) Litigation is now pending challenging the
legality. validity and adequacy of certain provisions of
the General Plan; and.
(b) In the future there may be other similar
challenges to the General Plan: and.
(c) If successful, such challenges
prevent the performance of this Agreement
development of the Property.
could delay or
and the
COUNTY shall have no liability in damages under
this Agreement for any failure of COUNTY to perform under this
Agreement or the iuability of OWNER to develop the Property as
contemplated by the Development Plan of this Agreement as the
result of a judicial determination that on the Effective Date,
at any time thereafter. the General Plan, or portions thereof,
are invalid or inadequate or not in compliance with law.
or
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9.2 Third Party Litigation Concerning Agreement. OWNER
shall defend. at its expense. including attorneys' fees.
indemnify. and hold harmless COUNTY. its agents. officers and
employees from any claim. action or proceeding against COUNTY,
its agents, officers, or employees to attack, set aside, void, or
annul the approval of this Agreement or the approval of any
permit granted pursuant to this Agreement. COUNTY shall promptly
notify OWNER of any such claim. action or proceeding. end COUNTY
shall cooperate in the defense. If COUNTY fails to promptly
notify OWNER of any such claim. action or proceeding. or if
COUNTY fails to cooperate in the defense, OWNER shall not
thereafter be responsible to defend, indemnify, or hold harmless
COUNTY. COUNTY may in its discretion participate in the defense
of any such claim, action or proceeding.
9.3 Indemnity. In addition to the provisions of 9.2
above. OWNER shall indemnify and hold COUNTY, its officers.
agents, employees and independent contractors free and harmless
from any liability whatsoever, based or asserted upon any act or
omission of OWNER, its officers, agents, employees,
subcontractors and independent contractors, for property damage,
bodily injury, or death (OWNER's employees included) or any Other
element of damage of any kind or nature, relating to or in any
way connected with or arising from the activities contemplated
hereunder, including, but not limited to, the study, design.
engineering, construction, completion, failure and conveyance of
the public improvements, save and except claims for damages
arising through the sole active negligence or sole willful
misconduct of COUNTY. OWNER shall defend, at its expense,
including attorneys' fees, COUNTY. its officers, agents,
employees and independent contractors in any legal action based
upon such alleged acts or omissions. COUNTY may in its
discretion participate in the defense of any such legal action.
9.4 Environment Assurances. OWNER shall indemnify and
hold COUNTY, its officers, agents, and employees free and
harmless from any liability, based or asserted, upon any act or
omission of OWNER, its officers, agents, employees,
subcontractors, predecessors in interest, successors, assigns and
independent contractors for any violation of any federal, state
or local law. ordinance or regulation relating to industrial
hygiene or to environmental conditions on, under or about the
Property, including, but not limited to, soil and groundwater
conditions, and OWNER shall defend, at its expense, including
attorneys' fees, COUNTY, its officers, agents and employees in
any action based or asserted upon any such alleged act or
omission. COUNTY may in its discretion participate in the
defense of any-suchaction.
9.5 Reservation of Rights. With respect to Sections
9.2, 9.3 and 9.4 heroin, COUNTY reserves the right to either (1)
approve the attorney(s) which OWNER selects, hires or otherwise
engages to defend COUNTY hereunder, which approval shall not be
unreasonably withheld. or (2) conduct its own defense. provided,
however. that OWNER shall reimburse COUNTY forthwith for any and
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all reasonable expenses incurred for such defense. including
attorneys' fees, upon billing and accounting therefor.
9~6
through 9.6.
Agreement.
Survival.
inclusive.
The provisions of this Sections 9.1
shall survive the termination of this
10.
MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not
prevent or limit OWNER. in any manner. ~t OWNER'S sole
discretion, from encumbering the Property or any portion thereof
or any improvement thereon by any mortgage. deed of trust or
other security device securing financing with respect to the
Property. COUNTY acknowledges that the lenders providing such
financing may require certain Agreement interpretations and
modifications and agrees upon request. from time to time. to meet
with OWNER and representatives of such lenders to negotiate in
good faith any such request for interpretation or modificstion.
COUNTY will not unreasonably withhold its consent to any such
requested interpretation or modification provided such
interpretation or modification is consistent with the intent and
purposes of this Agreement. Any Mortgagee of the Property shall
be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a
breach of this Agreement shall defeat. render invalid.
diminish or impair the lien of any mortgage on the
Property made in good faith and for value. unless
otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust
encumbering the Property. or any part thereof. which
Mortgagee. has submitted a request in writing to the
COUNTY in the manner specified herein for giving notices.
shall be entitled to receive written notification from
COUNTY of any default by OWNER in the performance of
OWNER'S obligations under this Agreement.
(c) If COUNTY timely receives a request from a
Mortgagee requesting a copy of any notice of default
given to OWNER under the terms of this Agreement. COUNTY
shall provide a copy of that notice to the Mortgagee
within ten (10) days of sending the notice of default to
OWNER. The Mortgagee shall have the right, but not the
obligation, to cure the default during the remaining cure
~eriod allowed such party under this Agreement.
(d) Any Mortgagee who comes into possession of the
Property. or any part thereof. pursuant to foreclosure of
the mortgage or deed of trust. or deed in lieu of such
foreclosure. shall take the Property, or part thereof.
subject to the terms of this Agreement. Notwithstanding
any other provision of this Agreement to the contrary. no
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Mortgagee shall have an obligation or duty under this
Agreement to perform any of OWNER'S obligations or other
affirmative covenants of OWNER hereunder. or to guarantee
such performance; provided, however, that to the extent
that any covenant to be performed by OWNER is a condition
precedent to the performance of a covenant by COUNTY
the performance thereof shall continue to be a condition
precedent to COUNTY's performance hereunder. and further
provided that any sale. transfer or assignment by any
Mortgagee in possession shall be sub]err to the
provisions of Section 2.4 of this Agreement.
11. MISCELLANEOUS PROVISIONS.
11.1 Recordation of AQreement. This Agreement and any
amendment or cancellation thereof shall be recorded with the
County Recorder by the Clerk of the Board Supervisors within the
period required by Section 65868.5 of the Government Code.
11.2 Entire A~reement. This Agreement sets forth and
contains the entire understanding and agreement of the parties.
and there are no oral or written representations, understandings
or ancillary covenants, undertakings or agreements which are not
contained or expressly referred to herein. No testimony or
evidence of any such representations, understandings or covenants
shall be admissible in any proceeding of any kind or nature to
interpret or determine the terms or conditions of this Agreement.
11.3 Severability. If any term. provision, covenant or
condition of this Agreement shall be determined invalid, void or
unenforceable, the remainder of this Agreement shall not be
affected thereby to the extent such remaining provisions are not
rendered impractical to perform taking into consideration the
purposes of this Agreement. Notwithstanding the foregoing, the
provision of the Public Benefits set forth in Section 4 of this
Agreement, including the payment of the fees set forth therein,
are essential elements of this Agreement and COUNTY would not
have entered into this Agreement but for such provisions, and
therefore in the event such provisions are determined to be
invalid, void or unenforceable, this entire Agreement shall be
null and void and of no force and effect Whatsoever.
11.4 InterPretation and Governin~ Law. This Agreement
and any dispute arising hereunder shall be governed and
interpreted in accordance with the laws of the State of
California. This Agreement shall be construed as a whole
eccordin~ to its fair language and common meaning to achieve the
objectives and purposes of the parties hereto. and ~he rule of
construction to the effect that ambiguities are to be resolved
against the drafting party shall not be employed in interpreting
this Agreement, all parties having been represented by counsel in
the negotiation and preparation hereof.
-24-
11.5 Section Headings. All section headings and
subheadings are inserted for convenience only and shall not
affect any construction or interpretation of this Agreement.
11.6 Singular and Plural. As used herein. the singular
of any word includes the plural.
11.7 Joint and Several Obligations. If at any time
during the term of this Agreement the Property is owned, in whole
or in part, by more than one OWNER, all obligations of such
OWNERS under this Agreement shall be joint and several, and the
default of any such OWNER shall be the default of all such
OWNERS. Notwithstanding the foregoing. no OWNER of a single lot
which has been finally subdivided and sold to such OWNER as a
member of the general public or otherwise as an ultimate user
shall have any obligation under this Agreement except as provided
under Section 4 hereof.
11.8 Time of Essence. Time is of the essence in the
performance of the provisions of this Agreement as to which time
is an element.
11.9 Waiver. Failure by a party to insist upon the
strict performance of any of the provisions of this Agreement by
the other party, or the failure by a party to exercise its rights
upon the default of the other party, shall not constitute a
waiver of such party's right to insist and demand strict
compliance by the other party with the terms of this Agreement
thereafter.
11.10 No Third Party Beneficiaries. This Agreement is
made and entered into for the sole protection and benefit of the
parties and their successors and assigns. No other person shall
have any right of action based upon any provision of this
Agreement.
11.11 Force Maieure. Neither party shall be deemed to
be in default where failure or delay in performance of any of its
obligations under this Agreement is caused by floods,
earthquakes, other Acts of God, fires, wars, riots or similar
hostilities, strikes and other labor difficulties beyond the
party's control. (including the party's employment force),
government regulations. court actions (such as restraining orders
or injunctions). or other causes beyond the party's control. If
any such events shall occur. the term of this Agreement and the
time for performance by either party of any of its obligations
hereunder may be extended by the written agreement of the parties
~or the ~eriod of time that Bush events prevented such
performance. provided that the term of this Agreement shall not
be extended under any circumstances for more than five (5) years.
11.12 Mutual Covenants. The covenants contained herein
are mutual covenants and also constitute conditions to the
concurrent or subsequent performance by the party benefited
thereby of the covenants to be performed hereunder by such
benefited party.
-25-
11.13 Successors in Interest. The burdens of this
Agreement shall be binding upon. and the benefits of this
Agreement shall inure to. all successors in interest to the
parties to this Agreement. All provisions of this Agreement
shall be enforceable as equitable servitudes and constitute
covenants running with the land. Each covenant to do or refrain
from doing some act hereunder with regard to development of the
Property: (a) is for the benefit of and is a burden upon every
portion of the Property; (b) runs with the Property and each
portion thereof; and. (c) is binding upon each party and each
successor in interest during ownership of the Property or any
portion thereof.
11.14 Counterparts. This Agreement may be executed
the parties in counterparts. which counterparts shall be
construed together and have the same effect as if all of the
parties had executed the same instrument.
by
11.15 Jurisdiction and Venus. Any action at law or in
equity arising under this Agreement or brought by an party hereto
for the purpose of enforcing. construing or determining the
validity of any provision of this Agreement shall be filed and
tried in the Superior Court of the County of Riverside. State of
California. and the parties hereto waive all provisions of law
providing for the filing. removal or change of venus to any other
court.
11.16 Proiect as a Private Undertaking. It is
specifically understood and agreed by and between'the parties
hereto that the development of the Project is a private
development. that neither party is acting as the agent of the
other in any respect hereunder. and that each party is an
independent contracting entity with respect to the terms,
covenants and conditions contained in this Agreement. No
partnership. joint venture or other association of any kind is
formed by this Agreement. The only relationship between COUNTY
and OWNER is that of a government entity regulating the
development of private property and the owner of such property.
11.17 Further Actions and Instruments. Each of the
parties shall cooperate with and provide reasonable assistance to
the other to the extent contemplated hereunder in the performance
of all obligations under this Agreement and the satisfaction of
the conditions of this Agreement. Upon the request of either
party at any time. the other party shall promptly execute. with
acknowledgemerit or affidavit if reasonably required. and file or
record such required instruments and writings and take any
actions as may be reasonably necessary under the terms of this
Agreement to carry out t~e intent-and to Gulfill the ~rovisions
of this Agreement or to evidence or consummate the transactions
contemplated by this Agreement.
11.18 Eminent Domain.
shall be construed to limit or
its power of eminent domain.
No provision of this Agreement
restrict the exercise by COUNTY of
-26-
11.19 Aaent for Service of Process. In the event OWNER
is not a resident of the State of California or it is an
association, partnership or joint venture without a member,
partner or joint venturer resident of the State of California. or
it is a foreign corporation, then in any such event, OWNER shall
file with the Planning Director, upon its execution of this
Agreement, a designation of a natural person residing in the
State of California, giving his or her name, residence and
business addresses, as its agent for the purpose of service of
process in any court action arising out of or based upon this
Agreement, and the delivery to such agent of a copy of any
process in any such action shall constitute valid service upon
OWNER. If for any reason service of such process upon such agent
is not feasible, then in such event OWNER may be personally
served with such process out of this County and such service
shall constitute valid service upon OWNER. OWNER is amenable to
the process so served, submits to the Jurisdiction of the Court
so obtained and waives any and all objections and protests
thereto.
11.20 Authority to Execute. The person or persons
executing this Agreement on behalf of OWNER warrants and
represents that he/they have the authority to execute this
Agreement on behalf of his/their corporation, partnership or
business entity and warrants and represents that he/they has/have
the authority to bind OWNER to the performance of its obligations
hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year set forth below.
Dated:
ATTEST:
GERALD A. MALONEY
( SEAL )
~/rOFm~an, Board of Supervisor~~TM
3806LIT
9-25-88
-27-
Dated:
October 21, 1988
OWNER:
By: / ~/,.~
Its:
Assistant Secretary
State of California )
)
County of Contra Costa )
ss
On this 21st day of October, 1988, before me, the undersigned,
personally appeared PETER B. BEDFORD and MAUREEN DROTLEFF,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons who executed the within
instrument as PRESIDENT and ASSISTANT SECRETARY, respectively, on
behalf of KAISER DEVELOPMENT COMPANY, the corporation therein
named, and acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my hand and official seal.
ary Public
(ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC.
EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE
OFFICERS.)
-28-
Development No. 4
EXHIBIT A
Page 1
LEGAL DESCRIPTION
VAIL MEADOWS BOUNDARY
That certain parcel of land in the unincorporated territory of the County of
Riverside, State of California, lying partly within the Rancho Temecula granted
by the Government of the United States of America to Luis Vignes by patent dated
January 18, 1860 and recorded in Book 1, Page 45 of Patents in the Office of the
County Recorder of San Diego County, California, and partly within the Rancho
Pauba granted by the Government of the United States of America to Luis Vignes
by patent dated January 19, 1860 and recorded in Book 1, Page 45 of Patents in
said Office of the San Diego County Recorder, and partly within Parcel Map No.
16681 as shown on a map thereof filed in Book 100, Pages 18 and 19 of Parcel
Maps in the Office of the County Recorder of said Riverside County, described as
follows:
BEGINNING at the centerline intersection of Margarita Road with Pauba Road as
shown on Parcel Map No. 6607 filed in Book 21, Pages 61 through 67 of Parcel
Maps in said Office of the Riverside County Recorder; thence along said center-
line of Pauba Road as defined by documents recorded April 28, 1971 as Instrument
No. 44142 of Official Records, Parcel Map No. 7155 filed in Book 24, Page 72 of
Parcel Maps and Parcel Map No. 22514 filed in Beok 145, Pages BO through 85 of
Parcel Maps, all in said Office of the Riverside County Recorder, through the
following courses: North 55°21'56" East 226.46 feet to the beginning of a tan-
gent curve concave southeasterly and having a radius of 5000.DO feet; thence
along said curve northeasterly 300.10 feet through a central angle of 3°26'20";
thence tangent from said curve North 58'48'16" East 663.57 feet to the beginning
Of a tangent curve concave southeasterly and having a radius of 1200.00 feet;
thence along said curve northeasterly 493.58 feet through a central angle of
23'34'00"; thence tangent from said curve North 82°22'16" East 489.16 feet to
the beginning of a tangent curve concave northwesterly and having a radius of
1600.00 feet; thence along said curve northeasterly 403.53 feet through a
central angle of 14'27'02"; thence tangent from said curve North 67°55'15'. East
1327.41 feet to the beginning of a tangent curve concave northwesterly and hav-
ing a radius of 3000.00 feet; thence along said curve northeasterly 1055.48 feet
through a central angle of 20°09'2g"; thence tangent from said curve
North 47"45'45" East 261.98 feet to the beginning of 8 tangent curve concave
southeasterly and having 8 radius of 3000.00 feet; thence along said curve
northeasterly 788.08 feet through a central angle of 15°03'04"; thence tangent
from said curve North 62°48'49" East 626.86 feet to the beginning of a tangent
curve concave southeasterly and having a radius of 1200.00 feet; thence along
said curve northeasterly 396.42 feet through a central angle of 18~55'40";
thence tangent from said curve North 81"44'30" East 679.16 feet to the beginning
Of a tangent curve concave northwesterly and having a radius of 1200.00 feet;
'r'WMTRTT A
EXHIBIT A
Page 2
thence along said curve northeasterly 504.33 feet through a central angle of
24°04'49"; thence tangent from said curve North 57°39'41'' East 379.91 feet to
the beginning of a tangent curve concave southeasterly and having a radius of
1200.00 feet; thence along said curve northeasterly 304.01 feet through a
central angle of 14°30'56" to the centerline of Butterfield Stage Road as shown
on said Parcel Nap No. 22514; thence leaving said centerline of Pauba Road,
along said centerline of Butterfield Stage Road as defined by Tract No. 12005-1
filed in Book 121, Pages 50 through 57 of Naps and said Parcel Nap No. 16681
filed in Book 100, Pages 18 and 19 of Parcel Naps, both in said Office of the
Riverside County Recorder, through the followlng courses: South 4°25'05" East
1626.75 feet to the beginning of a tangent curve concave easterly and having a
radius of 3000.00 feet; thence along said curve southerly 548.76 feet through a
central angle of 10e28'50"; thence tangent from said curve South 14°53'55'' East
1380.24 feet to the beginning of a tangent curve concave northeasterly and
having a radius. of 1200.00 feet; thence along said curve southeasterly 895.83
feet through a central angle of 42°46'22"; thence tangent from said curve
South 57°40'17" East 785.15 feet to the beginning of a tangent curve concave
southwesterly and having a radius of 1200.00 feet; thence along said curve
southeasterly 727.42 feet through a central angle of 34°43'54"; thence tangent
from said curve South 22°56'23.. East 3021.56 feet to the southerly line of said
Parcel Nap No. 16681; thence leaving said centerline of Butterfield Stage Road,
along said southerly line South 73°23'21'' West 828.28 feet to the southeast
corner of Parcel PW4 per document recorded April 20, 1967 as Instrument No.
34389 of Official Records in said Office of the Riverside County Recorder;
thence along the boundary line of said Parcel PW4 North 16°36'39" West 100.00
feet, South 73°23'21'' West 100.00 feet and South 16°36'39" East 100.00 feet to
said southerly line of Parcel Nap No. 16681; thence along said southerly line
South 73°23'21" West 6321.61 feet to an angle point therein; thence along the
boundary line of said Parcel Nap No. 16681 through the following courses:
North 61°46'07'' West 49.38 feet; thence North 16e56'07" West 856.14 feet; thence
North 73°03'54" East 261.70 feet; thence North 16°33'25'' West 491.54 feet to an
angle point therein; thence leaving said boundary line, along the boundary line
of Tract No. 3752 filed in Book 59, Pages 53 through 55 of Naps in said Office
of the Riverside County Recorder, through the following courses:
North 16°33'25' West 527.76 feet; thence South 73°03'54" West 268.42 feet;
thence North 16°56'06" West 39.64 feet; thence South 73°03'54" West S5.00 feet
to a point on the centerline of Hargarita Road as shown on said Tract No. 3752,
said point being the beginning of a non-tangent curve concave southwesterly and
having a radius of '1200.00 feet, a radial line of said curve from said point
bears South 73°03'54" West; thence leaving said boundary line of Tract No. 3752,
along said centerline of Hargarita Road as defined by Tract No. g833-3 filed in
Book 120, Pages 86 through 91 oft laps and said Parcel Hap No. 6607 filed in Book
21, Pages 61 through 67 of Parcel Maps, both in said Office of the Riverside
County Recorder. through the following courses: along said curve northwesterly
1145,56 feet through a central angle of 64°41'46"; thence tangent from said
curve North 71037'53' West 660,70 feet to the beginning of a tangent curve
concave northeasterly and having a radius of 1200.00 feet; thence along said
curve northwesterly 1270,94 feet through a central angle of 60°40'58"; thence
tangent from said curve North 10'56'54" West S66.77 feet to the beginning of a
-2-
EXHIBIT A
Page 3
tangent curve concave westerly and having a radius of 2000.00 feet; thence
along sa~d curve northerly 606.30 feet through a central angle of
thence tangent from sa~d curve North 28e|g'04" Nest 829.67 feet to the beginning
of a tangent curve concave southwesterly and having a radius of %?00.00 feet;
thence along said curve northwesterly S7~.64 feet through a central angle
Z7°ZO'Zg"; thence tangent from sa~d curve North S5°39'34' Nest 4%7.66 feet to
the beginning of a tangent curve concave northeasterly and having a radius of
2000.00 feet~ thence along said curve northwesterly %74.46 feet through a
central angle of 4°6g'52" to the POINT OF BEGINNING.
Lot 25 of Tract No. 3752, in the County of Riverside, State of California, as
per map filed in Book 59, Pages 53 to 55 of Maps, records of Riverside County
Excepting therefrown that portion conveyed to the T~,~.~ula Union School District
per deed recorded November 12, 1987 as Instrurent No. 324399.
-3-
EXHIBIT B
Page 2
~\
Development Agreement No. 4
EXHIBIT C
EXISTING DEVELOPMENT APPROVALS
SPECIFIC PLAN
Specific Plan No. 219.
ZONING
1. Ordinance No. 348.2919
(Zone Change No. 5140)
The development approvals listeft above incluae the aperoved
maps and all conditions of approval.
COPIES OF THE EXISTING DEVELOPMENT APPROVALS LISTED ABOVE ARE
ON FILE IN THE RIVERSIDE COUNTY PLANNING DEPARTMENT AND ARE
INCORPORATED HEREIN BY REFERENCE.
Development Agreement No. 4
EXHIBIT "D"
EXISTING LAND USE REGULATIONS
1. Riverside County Comprehensive General Plan as
amended through Resolution No. 88-485.
2. Ordinance No. 340.
3. Ordinance No. 348 as amended through Ordinance No.
348.2857.
4. Ordinance No. 448 as amended through Ordinance No
448.a.
Ordinance No. 458 as amended through Ordinance No
458.8.
6. Ordinance No. 460 as amended through Ordinance No
460.92.
7. Ordinance No. 461 as
461.6.
8. Ordinance No. 509 as
509.2.
9. Ordinance No. 546 as
546.7a.
10. Ordinance No. 547 as
547.5.
11. Ordinance No. 555 as
555.15.
12. Ordinance No. 617 as
617.1.
13. Ordinance No. 650.
14. Resolution No. 87-525 Establishing Procedures and
Requizemen~s ~or the Consideration of Developmen~
Agreements. as amended by Resolution No. 88~39 and
Resolution No. 88-119.
COPIES OF THE EXISTING LAND USE REGULATIONS LISTED ABOVE
ARE ON FILE IN THE RIVERSIDE COUNTY PLANNING DEPARTMENT AND ARE
INCORPORATED HEREIN BY REFERENCE.
amended through Ordinance No
amended through Ordinance No
amended through Ordinance No
amended through Ordinance No
amended through Ordinance No
amended through Ordinance No
Developmen~ Agreemen~ No.
EXHIBIT E
FEE CREDITS
4
None.
CITY OF TEMECULA
PLANNING DEPARTMENT
DATE:
TO:
FROM:
SUBJECT:
June 12, 1990
Proposed Policy for Substantial Conformance and Revised Permits
On June 8th and 11th staff contacted seven (7) cities and was able to obtain
sufficient information regarding minor modifications from four of those
jurisdictions. They are Corona, Riverside, Rancho Cucamonga, and Moreno
Valley. The seven cities are somewhat comparable to Temecula in that they
encourage growth and the majority are in Riverside County. The following
information details each city and the process used to approve minor modifications.
CORONA - Staff contacted a Steven Pasarow in the Planning Department. He
indicated that the City has two options it can use to process a modification
depending on the size of the change. If the modification involves a residential
use or a minor expansion, less than 10%, then it can be approved by staff with the
planning director's approval. (There are no fees if the modification is very
minor. ) However, if the modification is considered by staff to be substantial,
then it is sent to a Development Plan Review { DPR ). The fee for a DPR is $1,000.
The applicant must resubmit two (2) site plans which are reviewed by all
responsible City departments and commented upon. No findings are required to
approve the modification. If the project requires an architectural review then it
must go to public hearing, however, this only applies to certain specific locations
within the City.
RIVERSIDE - Staff contacted Beverly Williams in the Planning Department. She
indicated that if a modification is done to a development that is principally
permitted in that zone use then it is not required to go to the Planning
Commission. Instead it goes to a Development Review Board which consists of
Council appointed lay people. This board is mostly concerned with the aesthetics
of a project. If it passes the board then it can be approved by staff. However,
the code does not state what very minor is. The rule is that if the addition
concerns a residential use or an addition of less than 10% then it is generally
approved by staff.
RANCHO CUCAMONGA - Staff contacted Steve Ross in the Plannin9 Department
who said that a modification can either go through a Minor Development Review
or formally through a modification procedure. The Minor Development Review is
a staff approval procedure that allows up to a 10% change in the square footage
of an approved structure or other very minor changes. Staff must make findings
that indicate that the project will not have a significant impact on the surrounding
area including traffic. The City Planner makes the final approval. The other
option is through a formal modification procedure which goes to the Planning
Commission.
MORENO VALLEY - Staff contacted a Tim Hults in the Planning Department. He
said that the City is using the Riverside County Code and that it uses the
Substantial Conformance and revised permit procedures as written in the code.
However, the City is much more liberal with the procedures than the code seems
to indicate. The largest Substantial Conformance completed to date involved a
328 unit apartment complex in which the developer was allowed to move several
buildings, a recreation room, and the layout of the parking under this
procedure. The unit count and open space figures did not change. The approval
process consisted of taking the project to a Project Review Committee which is
made up of the following departments: Engineering, Building, Planning, Fire,
Traffic and Schools. The project is then approved by this committee and no
findings are required. If the revisions are considered "major" then the project
does go before the Planning Commission. Mr. Hults could not give me any
information on the revised permits process because he said that in the several
years that he has been project coordinator there have been none. It is possible
that all revisions have been done through the Substantial Conformance
procedure. The fee is $225.00.
All four cities are similar in that a modification is reviewed by a committee or
board that involves the responsible department. They also have some type of
criteria or findings that must be met in order to process the application
administratively. The City of Moreno Valley is the best example for the City of
Temecula to use because both have adopted the County of Riverside Land Use
Ordinance and both use the substantial conformance and revised permit
procedure.
To ensure that the process works efficiently and effectively, staff is
recommending the following procedure be implemented for the approval of a
substantial conformance:
Each application received will be set for hearing at the next available
Development Review Committee {DRC) meeting.
Each item will be presented to all the responsible departments during the
DRC meeting and all comments will be addressed.
Prior to the approval of the substantial conformance, the fol Iowing findings
must be made:
The proposed project does not effect the intent of the original
approval.
The proposed modification does not intensify the original approval
in excess of 10%.
The proposed project does not have a detrimental effect on
neighboring properties (existing or proposed ).
d. The proposed modification does not effect the percentage of
approved open space, parking, and originally proposed amenities.
The proposed changes do not affect any other required minimum
zoning standards.
The proposed modification does not additionally affect the traffic
conditions on the surrounding roadway network.
If an application does not comply with these findings then the modification can be
processed through the revised permit procedure which involves a formal review
by the Planning Commission along with the DRC.
RECOMMENDATION
Staff recommends that the Planning Commission REVIEW and CONSIDER staff's
analysis and recommendations and PROVIDE DIRECTION for any policies or
ordinance changes determined to be appropriate.
CITY OF TEHECUL~
PL~,NNING DEPlsd~TMENT
DATE:
TO:
FROM:
SUBJECT:
June 14, 1990
City of Temecu Planning Commission
Ross Gelle~lanning Director
OLD TOWN HISTORICAL DISTRICT
At the Commission's request, Staff has investigated the
procedures and criteria which have been utilized by the County
to review and evaluate development proposals in Temecula's Old
Town District. In addition, recommendations have been
formulated for incorporating similar procedures into the City's
Development Review Process.
In the late 1970's, members of the Temecula Historical Society
and other local citizens urged County officials to establish
some development controls which would help ensure the historic
character of the Old Town area. In response, the County
initiated a study of the General Plan and Zoning Ordinance for
the purpose of establishing a historic preservation program for
Temecula. The County's first action was the adoption of a
Historic Preservation Element for the General Plan in early
1979. The Historic Preservation Element established a detailed
policy framework for subsequent actions aimed at preserving
historical resources throughout the County. In late 1979, the
Board of Supervisors adopted Ordinance No. 578 which provided
for the establishment of historic preservation districts and set
up a process for local review of development proposals in such
districts.
The Temecula Historic District was established by the County in
1980. The historic district encompasses a 15-block area in
downtown bounded by 6th Street to the north, River Street to the
west, 2nd Street to the south, and Interstate 15 to the east.
Originally, a much larger area was proposed to be included in
the historic district, however, local opposition prevented this.
Ordinance No. 578 states that if property owners of more than
one-half of the total assessed valuation within the proposed
district are opposed to the district, then the district may not
be established. In order to overcome opposition from property
owners outside the downtown core, the area of the historic
preservation district was reduced.
Ordinance No. 578 provided for the establishment of a local
review board to oversee preservation activities and review
development proposals in the historic preservation district.
Page Two
June 14, 1990
The local review is intended to be composed of five (5) members
appointed by the Board of Supervisors.
The board members are to serve staggered two-year terms without
pay. One member is required to be knowledgeable in
architectural and construction techniques. The board is
required to hold regular meetings and is responsible for
establishing its own rules and procedures. Specifically,
Ordinance No. 578 provides the local review board with the
following duties:
Provide for pre-application conferences with individuals
interested in constructing or altering property within the
district.
Recommend implementation guidelines and standards to be
used in the review of the applications.
3. Explore means for the protection, retention, and use of
significant historic resources within the district.
Serve as an advisory resource to County agencies in matters
pertaining to the district.
Render advice and guidance, upon request, to property
owners and occupants within the district.
Encourage public understanding and appreciation of the
unique heritage of the community.
The local review board does not have the authority to approve or
deny proposed development projects or other property
alterations. Instead, they serve in an advisory capacity to the
planning director, who has the responsibility for issuing
Certificates of Historic Appropriateness. Without such a
Certificate, projects may not move forward. Applicants pay a
fee to have their projects reviewed for historic appropriateness
by the planning director. The planning director seeks advice
from the local review board and other agencies or departments,
who have 30 days to respond in writing. The planning director's
decision may be appealed to the area planning council.
Temecula's local review board refers to itself as the Historical
Review Board. The original membership of the board has never
been changed, although resignations, including two very
recently, have left the Board with only two acting members,
which is not enough for a quorum. In its ten-year history, the
Board has reviewed an average of only one or two cases per year
(according to one of its members), the most recent being earlier
this year. It appears that neither the Board nor the County
ever adopted any detailed design guidelines or evaluation
Page Three
June 14, 1990
criteria to guide its decisions on development proposals,
although this is still being researched. The Board has worked
to make projects conform to an 1890s theme of southwest
architecture. The Board has worked to make projects conform to
an 1890s them of southwest architecture. The Board has kept its
procedures and meetings fairly informal. It appears that pre-
application conferences with applicants, as described in
Ordinance No. 578, rarely occurred.
With the incorporation of the City of Temecula, the Temecula
Historic Preservation District remains intact and Ordinance No.
578 is still technically in effect. The County's zoning and
development standards are also still in effect. The County's
development standards have always presented some difficulties in
Old Town because they have not been customized to address the
unique situations in this area and have not been designed to
promote the historic preservation objectives of the district.
In conclusion, staff recommends that the Planning Commission
make the following recommendations to the City Council.
Review of development proposals and property alterations
within the Temecula Historic Preservation District for
historic appropriateness should be incorporated into the
City's development review process as soon as possible.
The City should immediately establish its own historical
review board for the Temecula Historic Preservation
District. The Planning Commission may choose to take on
these responsibilities itself or recommend the appointment
of a separate board or committee advisory to the Commission
and Council.
The City should establish interim review procedures
evaluation criteria for use in reviewing proposed projects
in the Historic Preservation District.
The possibility of expanding the boundaries of the Historic
Preservation District should be investigated.
The City should initiate the formulation of design
guidelines and special development standards for the
Historic Preservation District.
The City should prepare a comprehensive, long-range
strategy for the preservation and development of the Old
Town area addressing such issues as land use, circulation,
parking, public improvements, economic development and
urban design.
CITY OF TEMECULA
DIRECTOR~S MEMORANDUM
TO THE
PLANNING COMMISSION
TO:
FROM:
SUBJECT:
Public Notice Requirements Pursuant to Discretionary Actions
DATE: June 14, 1990
BACKGROUND
The City Council has requested that the Planning Commission consider the Public
Notification procedures for discretionary actions scheduled before the Planning
Commission and the City Council.
The Planning Staff has reviewed the provisions of Ordinance No. ~s 3L~8 and q60 and
found similar provisions for notification procedures for a wide array of application
types. The following excerpts of each application type detail existing notification
requirements.
ORDINANCE NO.
General Plans and Specific Plans
Ordinance No. 3~,8, Section 2.5 a. states:
The Planning Commission shall hold a public hearing on the matter. Notice of the
time, date, and place of hearing shall be given at least 10 days prior to the hearing
by all the following procedures:
1. Publication once in a newspaper of general circulation in the County.
Mailing to all owners of real property which is located within 300 feet of the
exterior boundaries of the proposed project, as such owners are shown on the
last equalized assessment roll. If the number of owners to whom notice would
be mailed exceeds 1000, as an alternate to this mailed notice, notice may be
shown by publication of a one-quarter page display advertisement in a
newspaper of general circulation in the County. A display advertisement so
published shall also satisfy the publication requirement of subsection a 1 of
this section.
Variances and Conditional and Public Use Permits
Ordinance No. 3~8, Section 18.26 states:
NOTICE OF HEARING. Notice of time, date and place of the hearing, the identity
of the hearing body and a general description of the location of the real property,
which is the subject of the hearing, shall be given at least 10 days prior to the
hearing of the following procedures:
1. Publication once in a newspaper of general circulation in the County.
Mailing or delivering to the owner of the subject real property or the owner~s
duly authorized agent, and to the project applicant.
Mailing or delivering to each local agency expected to provide water, sewage,
streets, roads, schools, or other essential facilities or services to the project
whose ability to provide those facilities and services amy be significantly
affected.
Mailing or delivering to all owners of real property which is located within 300
feet of the exterior boundaries of the subject property, as such owners are
shown on the last equalized assessment roll and any update.
Mailing by first class to any person who has filed a written request with the
Planning Department and has provided that Department with a self-addressed
stamped envelope for that purpose.
If the number of owners to whom notice would be mailed or delivered pursuant
to paragraphs 2 or ~ herein is greater than 1,000, in lieu of mailed or
delivered notice, notice may be provided by placing a display advertisement
of at least one-eighth page in at least one newspaper of general circulation at
least 10 days prior to the hearing.
The Planning Director may require that additional notice of the hearing be
given in any other manner'he deems necessary or desirable.
Second Unit Permits
Ordinance No. 3q8, Section 18.28 b. states:
HEARINC AND NOTICE OF DECISION. Upon acceptance of an application as
complete, the Planning Director shall transmit a copy of the application to the
members of the Land Division Committee and the Sewer and Water District having
jurisdiction over the property for review and comment.
Not less than 30 days after an application is received as complete, the
Planning Director shall schedule the time and date made. Not less than 10
days prior to the date on which the decision is to be made, the Planning
Director shall give notice of the proposed use by mail or delivery to all owners
shown on the last equalized assessment roll and any updates as owning real
property within a 300 foot radius of the exterior boundaries of the proposed
project. Notice of the proposed use shall also be given by publication in a
newspaper of general circulation in the County. The notice shall include the
statement that no public hearing will be held unless a hearing is requested in
writing before the date scheduled for the decision to be made. No public
hearing on the application shall be held before a decision is made unless a
hearing is requested in writing before the date scheduled for the decision to
be made. No public hearing on the application shall be held before a decision
is made unless a hearing is requested in writing by the applicant or other
affected person, or if the Planning Director determines that a public hearing
should be required. The Planning Director shall give notice of the decision
to the applicant and to any other person who requests notice of the decision.
The decision of the Planning Director shall be considered final unless within
10 days of the date of mailing of decision to the applicant an appeal therefrom
is filed.
If a public hearing is required under the provisions of this subsection, notice
of time, date and place of the hearing before the Planning Director, and a
general description of the location of the real property which is the subject of
the hearing, shall be given at least 10 days prior to the hearing as follows:
Mailing or delivering to the owner of the subject real property or the
owner~s duly authorized agent.
Mailing or delivering to all owners of real property which is located
within a 300 foot radius of the exterior boundaries of the subject
property, as such owners are shown on the last equalized assessment
roll and any updates.
The Planning Director may require that additional notice be given in
any other matter the Director deems necessary or desirable.
Plot Plans
Ordinance No. 348, Section 18.30 states:
ACTION ON PLOT PLANS
Plot Plans Not Requiring Public Hearing. The Planning Director shall
approve, conditionally approve or disapprove a plot plan based upon the
standards in subsection (c) within 30 days after accepting a completed
application and give notice of the decision, including any required conditions
of approval, by mail, to the applicant and any other persons requesting
notice.
Plot Plans Requiring Hearing. The Planning Director shall hold a public
hearing on all plot plans for which a negative declaration or an EIR is
prepared pursuant to the Riverside County Rules Implementing the California
Environmental Quality Act. Notice of the time, date and place of the public
hearing shall be given as provided in Section 18.26 (c) .
Plot Plans for Large Commercial Developments.
Notwithstanding any other provision in this subsection to the contrary, a
noticed public hearing shall be held on a plot plan for a commercial
development of 30 acres or larger. Plot plans that are within the area
jurisdiction of the East Area Planning Council shall be heard by the Planning
Commission. Notice of the time, date and place of the hearing shall be given
as provided in Section 18.26 |c) . Any appeal of the Council or Commission
decision shall be to the Board of Supervisors as provided in Section 18.30 (el.
Notwithstanding any provision in this ordinance to the contrary, the hearing
on a plot plan application which requires the approval of a zone change shall
be heard in accordance with the provisions of Section 20.3 a, and all of the
procedural requirements and rights of appeal as set forth therein shall govern
the hearing.
APPEALS. An applicant or any other interested party may appeal from the decision
of the Planning Director by the following procedure:
Appeal to Planning Council. Within 10 calendar days after the date of the
mailing of the decision by the Planning Director, an appeal in writing may be
made on the form provided by the Planning Department and which shall be
accompanied by a filing fee as set forth in Ordinance No. 671. Upon receipt
of a completed appeal the Planning Director shall set the matter for hearing
and mail notice thereof to the applicant and the appellant if the plot plan did
not require a public hearing. If the plot plan required a public hearing,
notice of the appeal shall be given in the same manner that notice was given
for the original hearing. All appeals that are within the area jurisdiction of
the East Area Planning Council shall be heard by that Council; all other
appeals shall be heard by the Planning Commission.
Appeal to the Board of Supervisors. Within 10 calendar days after the date
of the mailing of the decision of the Commission or Council. the appellant may
appeal that decision, in writing, to the Board of Supervisors, on the forms
provided by the Planning Department, which shall be accompanied by a filing
fee of $25.00. Upon receipt of a completed appeal, the Clerk of the Board
shall set the matter for hearing before the Board of Supervisors not less than
five days nor more than 30 days thereafter and shall give written notice of the
hearing to the appellant and the Planning Director. The Board of Supervisors
shall render its decision within 30 days following the close of the hearing on
the appeal.
Change of Zone Applications
Ordinance No. 348, Section 20.3 a. states:
1, 8,
The Planning Commission shall hold a public hearing on the proposed
amendment. Public notice of the hearing shall be given including all the
following information:
2.
3.
5.
6.
The time, date and place of the hearing.
A general explanation of the matter to be considered.
A general description of the area affected.
Specification of the type and magnitude of the changes proposed.
The place where copies of the proposed changes may be obtained.
The right to appear and be heard.
Public notice of the hearing shall be given at least 10 days prior to the
hearing by all the following procedures:
Publication once in a newspaper of general circulation in the
County.
Mailing or delivering to the owner of the subject real property or
the owner's duly authorized agent, and to the project applicant.
Mailing or delivering to each local agency expected to provide
water, sewage, streets, roads, schools, or other essential
facilities or services may be significantly affected.
Mailing or delivering to all owners of real property which is
located within 300 feet of the exterior boundaries of the subject
property, as such owners are shown on the last equalized
assessment roll and any update.
Mailing by first class mail to any person who has filed a written
request with the Planning Department and has provided that
department with a self-addressed stamped envelope for that
purpose.
If the number of owners to whom notice would be mailed or
delivered pursuant to paragraphs 2-4 herein is greater than
1,000, in lieu of mailed or delivered notice, notice may be
provided by placing a display advertisement of at least one-
eighth page in at least one newspaper of general circulation in
the County at least 10 days prior to the hearing.
The Planning Director may require that additional notice of the
hearing be given in any other manner he deems necessary or
desirable.
If the Planning Commission has recommended denial of an amendment to change
property from one zone to another, or denial of an amendment to impose, remove or
modify one of the above-listed regulations, the Planning Commission's
recommendation shall be filed with the Clerk of the Board of Supervisors, who shall
place the decision on the next agenda of the Board held 5 or more days after the
Clerk receives the decision.
-6-
The decision of the commission is considered final and no action of the Board is
required unless the applicant files an appeal, accompanied by the fee set forth in
Ordinance No 671, within 10 days after the decision of the Commission appears on the
Board~s agenda, or the Board orders the matter set for public hearing. If the Board
of Supervisors so orders, or if the applicant appeals, the Clerk of the Board of
Supervisors at the earliest convenient day and shall give notice of the time and place
of the hearing in the same manner as is provided for giving notice of the hearing
before the Planning Commission.
ORDINANCE NO. ~60 - SECTION 6.~ OF ARTICLE VI
Tentative Tract Maps and Commercial Parcel Maps
1. Publication once in a newspaper of general circulation in the County.
Mailing or delivery to the owner of the subject real property or the owner's
duly authorized agent, and to project applicant.
Mailing or delivering to each local agency expected to provide water, sewage,
streets, roads, schools, or other essential facilities or services to the project
whose ability to provide those facilities and services may be significantly
affected.
Mailing or delivering to all owners of real property which is located within 300
feet of the exterior boundary of the subject property, as such owners are
shown on the last equalized assessment roll and any update.
Mailing by first class to any person who has filed a written request with the
Planning Department and has provided that department with a self-addressed
stamped envelop for that purpose.
In the case of a proposed conversion of residential real property to a
condominium project, community apartment project, or stock cooperative
project, such notice shall also be given by mail to each tenant of the subject
property, and, in addition to notice of the time and place of the public
hearing, shall include notification of the tenantes right to appear and the right
to be heard.
If the number of owners to whom notice would be mailed or delivered pursuant
to paragraph u, herein is greater than 1,000, in lieu of mailed or delivered
notice, notice may be provided by placing a display advertisement of at least
one-eighth page in at least one newspaper of general circulation in the County
at least 10 days prior to the hearing.
The Planning Director may require that additional notice of the hearing be
given in any other manner he deems necessary or desirable.
9. Any interested person may appear at the hearing and shall be heard.
B. After closing the hearing, the Advisory Agency shall:
Approve, conditionally approve or disapprove the proposed tentative
map. Notice of the decision shall be filed with the clerk of the Board of
Supervisors and a copy thereof mailed to the land divider or his
authorized agent and any interested party requesting a copy.
Parcel Maps
Not less than 10 days prior to the date on which the decision will be made on the
application, the Planning director shall give notice of the proposed use by mail or
delivery to all owners, as shown on the last equalized assessment roll as owing real
property within a 300 foot radius of the exterior boundary of the property in
question within a 300 foot radius of the exterior boundary of the property in
question and publication once in a newspaper of general circulation in the area
affected by the proposed project. No public hearing on the application for a permit
issued pursuant to this paragraph shall be required unless such a hearing is
requested by the applicant or other affected person or the Planning Director
determines that a public hearing is required in the best interest of the community's
health, safety and welfare. The notice of proposed use shall include the following
information:
a. A brief description of the project and its proposed location.
The officer or body which will consider approval of the project and the
address where comments or request for a public hearing should be sent.
A statement that the decision-makin9 officer or body will not act on the
project for a period of 10 days and will consider written comments
received durln9 that period as to whether the determination of the
Plannin9 Director that the project will not have a significant effect on
the environment is appropriate.
A statement that a copy of the completed Negative Declaration is
available for inspection at the Planning Department.
Public Hearing. If a request for a public hearing is made, it shall be held within 21
days after the first request is made by the Riverside County Planning Director~s
hearing body. Not less than 10 days prior to the date on which the hearing will be
held, the Planning Director shall give notice of the proposed hearing by mail or
delivery to all owners, as shown on the last equalized assessment roll as owning real
property within a 300 foot radius of the exterior boundary of the property in
question, and all others who received notice of the proposed use. The hearing body
shall hear relevant testimony from interested persons.
Summary of Existinq Code Requirements
Generally, the City codes require that notices be sent to newspapers of general
circulation, the applicant and representative, and property owners within a 300 foot
radius.
-7-
Gummed labels of the surrounding property owners are submitted with application
packages. A title company prepares the labels for the applicant. The cost of mailing
out the notices is borne by the applicant indirectly through the application fee.
The newspaper currently used by the City of Temecula is the Press-Enterprise,
although this may change once The Californian becomes a daily paper.
The Council has requested the Planning Commission make recommendations as to the
adequacy of the public notice requests as set forth in Ordinance No. 348.
ALTERNATIVES
I. Increase the Radius of the Mailout
The radius of the mailout could be increased from the current 300 foot radius
to a larger radius. This will add substantially to both the cost of the
notification procedure and to staff time in completing the mailout, but it will
yield a greater public awareness in the immediate vicinity. San Bernardino
County, for example, increases the radius with larger project proposals.
II. Require that Project Notification Siqns be Posted on Sites
At a certain point in the review process, a standard city sign can be posted
on the property in question with a description of the project and the hearing
date on it. This process is utilized by several cities, including, Agoura Hills,
Moreno Valley, and Santa Monica. The program requires an initial investment
in standard signage, but is refunded through an additional signage fee. The
applicant can be required to post and maintain the sign until the project is
acted on.
Ill. Increase the Size of the Notice in the Newspaper
This method would increase the visibility of the public notice to the general
public but would probably not result in a dramatic increase of awareness for
persons living in the immediate vicinity of a proposed project. The cost of
advertising would increase significantly.
RECOMMENDATION
Should the Planning Commission determine that additional measures should be taken
to inform the public of pending land use decisions, staff recommends:
That Alternative No. I I, Postinq of Pendin.q Land Use Decision Siqns be required as
the most effective way to supplement notification procedures, and D IR ECT the staff
to prepare the necessary ordinance revisions to present for public hearing.
People
Pride
Progress
June 12, 1990
Ross Geller, Planning Director
City of Temecula
Planning Department
P.O. Box 300
Temecula, CA 92390
City Hill
P.O. Box 1440
23119 Cottonwood
Building C
Moreno Valley, CA
92388-9664
(714) 243-3200
· Fax: (714) 243-3009
Subject: Planning Commissioners Forum in the City of Moreno Valley
Saturday, July 14, 1990 (10:00 A.M.-I:00 P.M.)
Dear Mr. Geller:
On behalf of the City of Moreno Valley Planning Commission, I would
like to invite you to attend a Planning Commissioners Forum on
Saturday, July 14, 1990, from 10:00 a.m. to 1:00 p.m. which
includes a buffet luncheon. This forum will involve, in addition
to Moreno Valley, the Planning Commissions of the Cities of Perris,
Hemet, Beaumont, Banning, Riverside, San Jacinto, Temecula, and the
County of Riverside.
In Moreno Valley, the Planning Commission regards this as an
initial opportunity for the Planning Commissions in the central
Riverside County area to become familiar with each other and also
receive input on issues directly relating to us as Commissioners
and individuals. We have arranged for Mr. Mike Jenkins, a
California League of Cities Seminar Leader, to present several
items, such as the Brown Act and the State's Fair Political
Practices Commission Regulations (enclosed is an Agenda).
We invite you to attend this no charge forum and luncheon here in
Moreno Valley and join with us in planning Riverside County to
benefit everyone by ensuring sound communication. Please R.S.V.P.
to Trish Smith of the Moreno Valley Planning Department by
telephoning (714) 243-3200 by Monday, July 2, 1990.
Thank you in advance for your support and interest in this initial
effort. A directional map to the Moreno Valley City Hall is
attached to assist you in locating the city Hall.
Ve~ tr%l Q ' S,
Moreno Valley Planning Commission
SS:ps
Attachment: July 14, 1990 Agenda
Directional Map
AGENDA
CITY OF MO~XNO VXM~'Z BPO NBO~D
PLMIFI!iG COM!tlBBZON~~" FOROM
BA'I'T~.DAY, ~ITLY 14, 1990
10:00 A,M. - 1:00
23110 Cottonwood Avenue
Building B (Council Chambers)
Moreno valley, california 92388
Introduction - Stanley Steele, Chairman
Moreno Valley Planning Commission
2peaker
- Mike Jenkins (City Attorney for Several Cities
of
in the Los Angeles Area and League
California Cities Seminar Leader)
Commission
Brown Act (Open Meeting Law)
Conducting Public Meetings
Difficult People
Fair Political Practices
Observations
Regulation and
3. Buffet Luncheon
4. Adjournment
060890/ps/rls
pubform.age
IRONWOOD
VALLEy
AV
HEMLOCX AV
~\ FWY ;'o Beaue'n~ I Banning -~,
+ SUNNYMEAD BL
4' EUCALYPTUS AV
~' COTTONWOOD AV
4CITY
HALL
u,
ALESSANDRO 4' BL
CACTUS ~ AV
MARCH AIR
FORCE BASE
City of Moreno Valley
Planning Department
Directions
FROM THE EAST OR WEST: Take State Route 60 to the Pigeon Pass/Frederick Street exit.
Head south on Frederick Street. Cross Cottonwood Avenue and make an immediate left turn
into the Bel Air Plaza parking lot. The Council Chambers is located in Building B.
*FROMTI"E'SOO'T~: Take ~e~ ~ie Highway 215'non'~ to Alessandm Be ulev'a'rd. Turn ~ht
on Alessandro Boulevard and left on Frederick Street. The City Council Chambers, located
on the southeast corner of Cottonwood Avenue and Frederick Street, is in Building B of the
Bel Air Plaza.
Telephone (714)) 243-3000
CITY OF TEMECULA
ZONING DESIGNATIONS
R-R ZONE (RURAL RESIDENTIAL)
R-A ZONE (RESIDENTIAL AGRICULTURAL)
R-1 ZONE (ONE-FAMILY DWELLING)
R-2 ZONE (MULTIPLE FAMILY DWELLINGS)
R-3 ZONE (GENERAL RESIDENTIAL)
R-4 ZONE (PLANNED RESIDENTIAL)
R-5 ZONE (OPEN AREA COMBINING ZONE-RESIDENTIAL DEVELOPMENTS)
C-1 AND C-P ZONE (GENERAL COMMERCIAL)
C-T ZONE (TOURIST COMMERCIAL)
C-P-S ZONE (SCENIC HIGHWAY COMMERCIAL)
C-R ZONE (RURAL COMMERCIAL)
C-O ZONE (COMMERCIAL-OFFICE)
I-P ZONE (INDUSTRIAL PARK)
M-SC ZONE (MANUFACTURING - SERVICE COMMERCIAL)
M-M ZONE (MANUFACTURING - MEDIUM)
M-H ZONE IMANUFACTURING - HEAVY)
A-1 ZONE (LIGHT AGRICULTURAL)
A-2 ZONE (HEAVY AGRICULTURAL)
W-1 ZONE (WATERCOURSE, WATERSHED F, CONSERVATION AREAS)
W-2 ZONE (CONTROLLED DEVELOPMENT AREAS)
W-E ZONE (WIND ENERGY RESOURCE ZONE)
SP ZONE (SPECIFIC PLAN)