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HomeMy WebLinkAbout030193 PC AgendaAGENDA TEMECULA PLANNING COMMISSION March 1, 1993 6:00 PM VAIL ELEMENTARY SCHOOL 29915 Mira Loma Drive Temecula, CA 92390 CALL TO ORDER: Chairman Fahey ROLL CALL: Blair, Chiniaeff, Ford, Hoagland and Fahey PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the commissioners on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item nql; listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be filed with the Planning Secretary before Commission gets to that item. There is a three (3) minute time limit for individual speakers. COMMISSION BUSINESS 1. Approval of Agenda PUBLIC HEARING Case No: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: Change of Zone No. 23 Safa Mutahseb South side of Rancho California Road, approximately 450 feet east of the intersection of Via Las Colinas and Rancho California Road. Zone change for a 6.1 acre parcel from R-3-4,000 (General Residential) to C-O to (Commercial Office. Negative Declaration Matthew Fagan Approve Case No.: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: Outdoor Advertising Display Ordinance City of Temecula City Wide Recommend adoption of an Ordinance Entitled: "An Ordinance of the City Council of the City of Temecula pertaining to sign regulations and establishing regulations for the use of outdoor advertising displays". Exempt from the California Environmental Quality Act (CEQA). Matthew Fagan Approve and Recommend that City Council Adopt the Ordinance. 4. Case No.: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: Amendments to the Ordinance Regulating Temporary Signs City of Temecula City Wide To amend the Ordinance regulating Temporary Signs to extend the allowable time periods for temporary signs and to allow some detached temporary signs. Exempt from the California Environmental Quality Act Dave Hogan Approve and Recommer~d that City Council Amend portions the Ordinance.* 5. Case No: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: Development Agreement No. 92-1 (DA 92-1) Change of Zone No. 21 and Tentative Parcel Map No. 27314 Linfield Christian School East of Temecula High School, south of Rancho Vista Road and north Of Pauba Road A request to subdivide a 96.7 acre parcel into 4 parcels and a 48.4 acre remainder parcel, a Development Agreement to ensure the development of the project as senior housing, congregate care facility, skilled nursing, personal care, a nine hole private golf course and dedication of a 2.3 net acre parcel to the City of Temecula, and a Zone Change from R-R (Rural Residential) to R-3 (General Residential) Mitigated Negative Declaration Saied Naaseh Approve Next meeting: April 5, 1993, 6:00 p.m., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. PLANNING DIRECTOR'S REPORT PLANNING COMMISSION DISCUSSION OTHER BUSINESS ADJOURNMENT WIMBERVG~PLANCOMM~GENDAS~3*I -93 Revised February 24, 1993 vgw 2 ITEM #2 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION March 1', 1993 Case No.: Change of Zone No. 23 Prepared By:Matthew Fagan RECOMMENDATION: RECOMMEND Adoption of the Negative Declaration for Change of Zone No. 23; and RECOMMEND Adoption of Resolution No. 93- Approval of Change of Zone No. 23 recommending APPLICATION INFORMATION APPLICANT: Safa Muhtaseb REPRESENTATIVE: Safa Muhtaseb PROPOSAL: Change of Zone from R-3-4,000 (General Residential) to C-O (Commercial Office) of a 6.1 acre parcel. LOCATION: South side of Rancho California Road, approximately 450 feet east of the intersection of Via Las Colinas and Rancho California Road. EXISTING ZONING: R-3-4,000 (General Residential) SURROUNDING ZONING: North: South: East: West: C-1/C-P (General Commercial) R-3 (General Residential) R-2 (Multiple Family Dwellings) R-3-4,000 (General Residential) PROPOSED ZONING: C-O (Commercial Office) EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: West: Shopping Center (Moraga Plaza)Nacant Apartments (Summerbreeze) Vacant Office Building (Rancho California Medical Plaza) R:\S\STAFFRPT~23CZ.pC 2/24193 klb 1 PROJECT STATISTICS Gross Acreage: 6,1 BACKGROUND Change of Zone No. 23 was submitted to the City of Temecula Planning Department on March 31, 1992. A Development Review Committee (DRC) meeting was held on April 20, 1992. A focused traffic analysis was requested from the applicant by the Department of Public Works at that meeting. The traffic analysis was submitted to the Department of Public Works on October 26, 1992. Public Works reviewed the focused traffic analysis and deemed this study complete on November 13, 1992. A second DRC meeting was scheduled by Planning Department staff on January 7, 1993 to assess whether any significant changes had occurred in the project area since the previous DRC meeting. Staff requested revised exhibits and upon their submittal, deemed the application complete on January 26, 1993. PROJECT DESCRIPTION Change of Zone No. 23 is a request to change existing R-3-4,000 (General Residential) zoning to C-O (Commercial Office) on a 6.1 acre parcel. ANALYSIS Change of Zone No. 23 is a request for a redesignation of a 6.1 acre parcel from R-3-4,000 (General Residential) to C-O (Commercial Office). No development plan has been submitted concurrent with the Change of Zone request. Staff conducted an Initial Study for the project pursuant to the California Environmental Quality Act (CEQA). Based upon Staff's analysis, a Negative Declaration has been recommended for adoption. The Change of Zone request will not immediately result in the potential for impacts, however, the request may facilitate impacts when future projects are realized on the site. Through preparation of the Initial Study, staff looked at a maximum development scenario for any future development on the site and identified potential impacts and measures to mitigate them (see Section III of Attachment No. 4: Initial Study). Site specific environmental analysis will be necessary upon the submittal of development plans~for future projects. Staff had concerns relative to traffic and land use compatibility. These are discussed below. Traffic Based upon the information contained in the focused traffic analysis (see Attachments No. 3.E. and 3.F.) prepared for Change of Zone No. 23, any future Commercial. Office development on the site will have the potential to impact four (4) intersections: Rancho California and Ynez Road, Via Las Colinas and Rancho California Road, Lyndie Lane and Rancho California Road and Moraga and Rancho California Road. Impacts to each intersection are discussed below. 1. Rancho California and Ynez Roads Increases in traffic during peak hours due to the realization of a development project on the site will be greater during AM peak hours than PM hours (see Table 1, Attachment No. 5). According to the focused traffic analysis, impacts to this R:~S\STAFFRPT~23CZ.PC 2/24/93 klb 2 intersection will not affect the LOS "D" which currently exists. No increases to other turning movement volumes were determined to exist from the focused traffic analysis. 2. Via Las Colinas and Rancho California Road Peak increases in traffic will be minimal at this intersection from the actualization of a project at the site (see Table 2, Attachment No. 5). This intersection will not be signalized; however, LOS "C" or better will be maintained. Based upon the information contained in the focused traffic analysis, no increases to other turning movement volumes were determined .to exist at this intersection. ' 3. Lvndie Lane and Rancho California Road This intersection will ultimately be signalized, either through the realization of a development project on the site or ultimate development of the site across Rancho California Road. Peak increases in traffic will not significantly affect the existing LOS (see Table 3, Attachment No. 5). LOS "C" or better will be maintained at this intersection during peak hours. Based upon the information contained in the focused traffic analysis, no other increases to other turning movement volumes were determined to exist at this intersection. 4. Moraga and Rsncho California Roads This intersection is currently signalized. Peak increases in traffic will not significantly affect existing LOS (see Table 4, Attachment No. 5). LOS "C" or better will be maintained at this intersection during peak hours. Based upon the information contained in the focused traffic analysis, no other increases to other turning movement volumes were determined to exist at this intersection. On-site and off-site improvements recommended in the focused traffic analysis include constructing Rancho California Road and Moraga Road to their ultimate half-width and Lyndie Lane to its ultimate full-section width. Recommendations also include payment of signal mitigation fees and striping a 200 foot left turn pocket on Rancho California Road adjacent to the site thereby allowing traffic to turn left onto Moraga Road and Lyndie Lane. Specific improvements Will be required upon ultimate development of the site. Compatibility with Surroundino Land Uses The subject parcel for which the Change of Zone is being requested is currently vacant. Commercial uses exist to the north of the site across Rancho California Road (Moraga Plaza). Professional offices exist to the west of the site (Rancho California Medical Plaza). High density residential uses (13-20 du/ac) exist to the south of the site (Summerbreeze Apartments). The parcel to the east of the site is currently vacant and the proposed land use designation for the site is Medium Density Residential (7-12 du/ac maximum). Change of Zone No. 23 is an in-fill project which is likely to be consistent with the City's future General Plan which designates the site as Professional Office. Based upon existing and proposed uses adjacent to the project site, the Change of Zone request to C-O (Commercial Office) is likely to be compatible with surrounding land uses. R:\S\STAFFRPT~23CZ.PC 2/24/93 klb 3 EXISTING ZONING AND FUTURE GENERAL PLAN CONSISTENCY The existing zoning for the site is R-3-4,000 (General Residential). The Change of Zone request is for a redesignation of the site from R-3-4,000 (General Residential) to C-O (Commercial Office). Planning Staff recommended to the Planning Commission that the land use designation for the site be Professional Offic~ through the General Plan public hearing process. Professional Office is described in the future General Plan as follows: "The Professional Office designation includes primarily single or multi-tenant offices and may include supporting uses. Office developments are intended to include low rise offices situated in a landscaped garden arrangement and may include mid-rise structures at appropriate locations. Typical uses include legal, design, engineering or medical offices, corporate and governmental offices, and community facilities. Supporting convenience retail and personal service commercial uses may be permitted to serve the needs of the on-site employees." Commercial Office zone uses would ultimately be consistent with the Professional Office land use designation. This determination is based upon conducting a review of Commercial Office uses permitted in Section 9.72 of Ordinance No. 348 and those uses contained in the City's draft General Plan. Although the General Plan has not been adopted, the Planning Commission is recommending adoption of a Professional Office land use designation for the site by the City Council. Based upon this information, there is a likely probability that the Change of Zone request will be consistent with the City's General Plan upon its adoption. ENVIRONMENTAL DETERMINATION An Initial Study was completed by Staff for Change of Zone No. 23. Staff has determined through its analysis that the Change of Zone request will not immediately have an affect upon the environment, however, it may facilitate future impacts. There is the potential for development of the site with the Commercial Office designation. Staff has identified potential future impacts to the environment based upon future development of the site. Any potential impacts from future development on the site can be mitigated to a level less than significant. Staff therefore recommends that a Negative Declaration be adopted. SUMMARY/CONCLUSIONS Change of Zone No. 23 is a request for a redesignation of a 6.1 acre parcel from R-3-4,000 (General Residential) to C-O (Commercial Office). Based upon staff's analysis, there is a likely probability the Change of Zone request will be consistent with the City's future General Plan land use designation of Professional Office upon the General Plan's adoption. An Initial Study was conducted for the Change of Zone request and a Negative Declaration is recommended for adoption. A focused traffic analysis was performed for the site which depicts traffic conditions at ultimate development of the site. Existing LOS standards will be maintained at all intersections affected by the ultimate development of the site with Commercial-Office uses. R:\S~STAFFRPT~23CZ.PC 2/24/93 klb 4 FINDINGS The proposed zone change will not have a significant adverse e+fect on the environment, as determined in the Initial Study for this project. No immediate impacts to the environment will result from the Change of Zone from R-3-4,000 (General Residential) to C-O (Commercial Office). Impacts from future development can be mitigated to a level less than significant. There is a reasonable probability that the zone change from R-3-4,000 (General Residential) to C-O (Commercial Office).will be consistent with the future General Plan, The land use designation for the site on the draft General Plan is Professional Office. Commercial Office uses will ultimately be consistent with the Professional Office designation, due to the fact that they are similar in both Ordinance No. 348 and the draft General Plan. There is not a reasonable probability of substantial detriment to, or interference with, the future General Plan, if the proposed use or action is ultimately inconsistent with the General Plan due to the fact that commercial designations are proposed to the north and west, with a high density residential designation to the south and medium density residential to the east. While the C-O zoning will ultimately to be inconsistent with the City's General Plan upon its adoption, this inconsistency will be rectified upon the adoption of the City's zoning map. The proposed change in district classification will likely be consistent with the goals, policies and implementation programs which will be contained in the General Plan when it is ultimately adopted. The proposal is consistent with Goal 1 of the Draft General Plan Land Use Element which calls for "A complete and integrated mix of residential, commercial, industrial, recreational, and public land uses." Commercial land uses exist to the north and west, residential exists to the south and is proposed to the east. The proposal will also be consistent with Goal 5 of the Draft General Plan Land Use Element which calls for "A land use pattern and intensity of development that encourages alternative modes of transportation, including transit, bicycling, and walking." Existing transit lines are in proximity to the site and residential uses adjacent to the site will afford opportunities to walk to the site. The site of the proposed Change of Zone is suitable to accommodate all the land uses currently permitted in the proposed zoning district due to the fact that the parcel is of adequate size and shape for any proposed use. Section 9.75.a. of Ordinance No. 348 (Development Standards for Commercial Office) requires no minimum size for lot area. The parcel is approximately 6.1 acres. Landscaping, parking and lot coverage requirements will be met upon ultimate submittal of a development proposal. Adequate access exists to the proposed Change of Zone site. Proposed potential access points to the site will be from Via Las Colinas, Lyndie Lane, Rancho California Road and Moraga Road. Additional internal access and required road improvements to the site will be designed and constructed in conformance with City of Temecula standards. Said findings are supported by analysis, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. R:\S~STAFFRPT~23CZ.PC 2/24/93 klb 5 Attachments: Resolution No. 93- - Blue Page 7 Letters from Other Departments/Agencies - Blue Page 12 Exhibits - Blue Page 13 A. Vicinity Map B. Draft General Plan C. Zoning D. Site Plan E, Existing Peak Hou~ Turning Movement Volumes F. .Existing Plus Project Peak Hour Volumes Initial Study - Blue Page 14 Turning Movement Volume Tables - Blue Page 33 Table 1 Rancho California and Ynez Roads Turning Movement Volumes Table 2 Via Las Colinas and Rancho California Road Turning Movement Volumes Table 3 Lyndie Lane and Rancho California Road Turning Movement Volumes Table 4 Moraga and Rancho California Roads Turning Movement Volumes R:\S\STAFFRPT~23CZ.pC 2/24/93 klb 6 ATTACHMENT NO. 1 PC RESOLUTION NO. 93- R:\S\STAFFRPT~23CZ,pC 2/24/93 klb 7 ATTACHMENT NO. 1 PC RESOLUTION NO. 93- A RESOLUTION OF THE CITY OF TEMECULA PLANNING COMMISSION RECOMMENDING APPROVAL OF ZONE NO. 23 CHANGING ~ ZONE FROM R-3-4,000 (GENERAL I~-qlDENTIAL) TO C-O (COMMR. RCIAL OFFICE) ON PROPERTY LOCATED ON TITE. SOUTH SIDE OF RANCHO C.&I .n~ORNIA ROAD, APPROXIMATELY 450 FI~.P.T EAST OF ~ INTERSECTION OF VIA LAS COLINAS AND RANLIfO CALIi~ORNIA ROAD AND KNOWN AS ASSESSOR'S PARCY, I, NO. 944-290-009 WHYREAS, Safa Muhtaseb Fred Change of Zone No. 23 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHI~.REAS, said Change of Zone application was processed in the time and manner prescribed by State and local law; WI~.REAS, the Planning Commission considered said Change of Zone on March 1, 1993, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Change of Zone; NOW, TIIE~REFORE, ~ CITY OF :TE1VIECULA PLANNING COMMISSION DOES RESOLVE, DETER_MINE AND ORDER AS FOLLOWS: Section 1. Findin~,s. That the City of Temecuh Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: general plan. The city is proceeding in a timely fashion with the preparation of the 2. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: R:\S\STAFFRPT\23CZ.pC 2/24/93 klb 8 a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. Them is litfie or no probability of substantial detriment to or interference with the future adopted general plan ff the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state hw and local ordinances.' B. The Riverside County General Plan, as mended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending approval of the proposed Change of Zone, makes the following findings, to wit: 1. The proposed zone change will not have a significant adverse effect on the environment, as determined in the Initial Study for this project. No immediate impacts to the environment wffi result from the Change of Zone from R-3-4,000 (General Residential) to C-O (Commercial Office). Impacts from future development can be mitigated to a level less than significant. 2. There is a .reasonable probability that the zone change from R~3-4,000 (General Residential) to C-O (Commercial Office) will be consistent with the future General Plan. The land use designation for the site on the draft General Plan is Professional Office. Commercial Office uses will ultimately be consistent with the Professional Office designation, due to the fact that they are similar in both Ordinance No. 348 and the draft General Plan. 3. There is not a reasonable probability of substantial detriment tu, or interference with, the future General Plan, ff the proposed use or action is ultimately inconsistent with the General Plan due to the fact that commercial designations are proposed to the north and west, with a high density residential designation to the south and medium density residential to the east. While the C-O zoning wffi ultimately to be inconsistent with the City's General Plan upon its adoption, this inconsistency wffi be rectified upon the adoption of.the City's zoning map. 4. The proposed change in district classification will likely be consistent with the goals, policies and implementation programs which will be contained in the General Plan when it is ultimately adopted. The proposal is consistent with Goal 1 of the Draft General Plan Land Use Element which calls for "A complete and integrated mix of residential, commercial, industrial, recreational, and public land uses." Commercial land uses exist to the north and west, residential exists to the south and is proposed to the east. The proposal will also be R:\S\STAFFRPT%23CZ.PC 2/24/93 kJb consistent with Goal 5 of the Draft General Plan I~nd Use Element which calls-for "A land use pattern and intensity of development that encourages alternative modes of transportation, including transit, bicycling, and walking." Existing transit lines are in proximity to the site and residential uses adjacent to the site will afford opportunities to walk to the site. 5. The site of the proposed Change of Zone is suitable to accommodate all the land uses currently permittedin the proposed zoning district due to the fact that the parcel is of adequate size and shape for any proposed use. Section 9.75.a. of Ordinance No. 348 (Development Standards for Commercial Office) requires no minimum size for lot area. The parcel is approximately 6. I acres. Landscaping, parking and lot coverage requirements will be met upon ultimate submittal of a development proposal. 6. Adequate access exists to the proposed Change of Zone site. Proposed potential access points to the site will be from Via Las Colinns, Lyndie Lane, Rancho California Road and Moraga Road. Additional internal access and required road improvements to the site will be designed and constructed in conformance with City of Temecula standards. 7. Said findings are supported by analysis, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. D. The Change of Zone is compatible with the health, safety and welfare of the community. Section 2. Environmental Compliance. An Initial Study was performed for this project when determined that although the proposed project could have a significant effect on the environment, no significant impact would immediately result to the natural or built environment in the City. Future development. of the site may result in impacts to the environment, however, these can be mitigated to a level less than significant at the project development review stage. A Negative Dechration, therefore, is hereby granted. Section 3. PASSED, APPROVED AND ADOFrED this 1st day of March, 1993. R:\S\STAFFRPT%23CZ.pC 2/24/93 klb 10 I HI~.RI~.Ry CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 1st day of March, 1993 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSION~<S: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: GARY THORNt~ ,L SBCRErARY R:\S\STAFFRPT~23CZ.PC 2/24/93 klb 11 ATTACHMENT NO. 2 L~'I I ERS FROM OTHER DEPARTMENTS/AGENCIES R:\S\STAFFRPT~23CZ,PC 2/24193 klb 12 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Ladies and Gentlemen: FEB 11 199 CiTY OF TEMECiJLA The District does not normally recommend conditions for land divisions or other land use m in incorporated cities. The District also does not plan chec~ city land use cases, or provide State Division of Real Estate lettes or other flood hazerd reports for such ca.se~. District cctnme~ts/recom~ations for suc~ m are normally limited to items Of mfm intarest to the District indudthg Distact Mastar Di'ajnage Plan facilities. other regional flood ~ and drainage facilities which could de considered a logical component or exter~s4on of a master plan system, and District Area Drainage Ran fees (developremit mitigation fees) In addition, informtalon of a general nature is prowdeal. The District has not re~qewed the proposed project in detail and the following checked comments do not in any way cor~ljtute or imply District approval or ebdorsement of the pr,-cT~___~ed project with respect to flcx~i hazard, pobiic health arN:l safety or any other sud~ issue; ["~This project would not he impacted by District Mastar Drainage Ran facilities not are other facilities of ragional interest proposed. "1This pro~eot invctves Disthct Master Ran facilities. The District will accept ownership of suc$1 facilities on writlen request of the City. Fadlitias must be constrdcted to Disthct standards, and District plan ched( and inspection will be required for District ~"~ptance. R~n ched<. inspection and edminist~otive foes will de required. t__ ~ This projed: proposes channels. storm drains 36 inches or larger in diameter, or Other facilities that coutd de oonsidared regional in nature K~/Or a tngical este~qsion of the adopted Master Drsinage Plan. The District would cons4def _-cc~_pting ownership of suctt facilities on wfitlan request of the City. Facilities must be oonstructed to District standards, and District plan ched< and insOedion will be required for District acceptance. Plan Check, inspection and apminis~'atNe fees will be required. ["~This project is located within the limits of the District's Area Drainage Ran for which drainage fees have bee~ adopted; applicable fees should be paid to the Rood ConIra4 Distncl or City prior to final approval of the project. or in the case of a parcel ma,o or subdivision prior to recordation of the final map. Foes to be paid should be at the rate in e~ed at the time of recordalton, or it deferred. at the time of issuance of the actual berrnit. GFNFRAI INFORMATION This project may retire a NaTional Poliutant Discharge EJimination System (NPDES) hermit from the State Water Resources Co4qtrol BoNd. Clearance for grading. recordalton. or other final approval, should not de given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project thrones a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements. and should furlhe~ require that ~e app4icant obtain a Cortditionai Letlar Of Map Rewsion (CLOMR) prior to grading, rec~xdation or othar fina~ approval of the pro;._ and a Lener of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped flood plain is impacted by this project the City should require the al~plicant to obtaun a Section 1601/1603 Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 permit from the U.S. Army Corps of Engineers, or wrmen correspondence from these agenoes indicating the project is exempt from these requirements. A Clean Water Act Seelion 404 Water Quality Cerlificat~on may be required from the iocaJ California Rag~ona3 Water Quality Controt Board prior to issuance of the Corps ~04 hermit. Very truly yours, ..~ DUSTYWILLIAMS Sen~o~ Civil Engineer Oat.: Z ' e5' R W' er December 24, 1992 Mr. Matthew Fagan City of Temecula Planning Department 43180 Business Park Drive Temecula, CA 92590 Water Availability, Parcel Map 13466 Lot 2, APN 944-290-009, Change of Zone No. 23 Dear Mr. Fagan: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact Ms. Senga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P. E. Manager of Development Engineering SB:SD:sj~69/F186 cc: Senga Doherty, Engineering Technician MEMORANDUIVl TO: FROM: DATE: SUBJECT: Matthew Fagan, Assistant Planner David W. Hogan, Associate PlannerOt4 ~- December 29, 1992 Advance planing Division Comments on Change of Zone 33 We have reviewed the abovementioned request for a Change of Zone from R-3-4000 to C-O on the southwest corner of Rancho California and Moraga Roads. As a result of our review, we have identified the following comments and concerns. The project site is currently designated Professional Office on the Draft City General Plan. The primary purpose of the Professional Office designation is to provide for single and multi-tenantprofessional, legal, medical, corporate and government office uses. The proposed Change of Zone appears to be consistent with the City's December, 1992, draft General Plan. HOGAND\COZ33.COM County of Riverside HEALTH SERVICESAGENCY CITY OF TEMECULA PLANNING DEPARTMENT TO: ~TN: Matthew Fagan DATE: FROM: m M ironmental Health Specialist IV RE: Change of Zone No..23 RECEIVED JAN 0 z~ 1993 Ana'd .......... 12-30-92 The Environmental Health Services has reviewed this Change of Zone No. 23 and has no objections. Sanitary sewer and water services should be available in this area. PB:cr MEMORANDUM TO: FROM: DATE: SUBJECT:' Matthew Fagan, Planner Robert Ri'ghetti, Senior. Project Manager January 25, 1993 Change of Zone No. 23 The Department of Public Works has reviewed this application and find it satisfactory. Final driveway alignments shall be approved with development applications as they are received. Additional traffic studies may be required as warranted to evaluate the impact of individual development applications and onsite circulation. If you have any specific questions about the change of zone or future development applications, please feel free to contact the department. RR/rr -1- CZ23APPL.MEM 012593 ATTACHMENT NO. 3 EXHIBITS R:\S\STAFFRPT~23CZ.PC 2/2/93 klb 1:3 CITY OF TEMECULA SITE CASE NO.: Change of Zone No. 23 _ EXHIBIT: A ' P.C. DATE: March 1, 1993 VICINITY MAP R:\S~STAFFRPT~23CZ.PC 1/27/93 CITY OF TEMECULA DRAFT GENERAL PLAN - EXHIBIT B Designation: Professional. Office SITE ~ 'Rr2 R- ZONING - EXHIBIT C Case No.: CImnge of Zone No. 23 P.C. Date: March 1, 194)5 Designation: Commercial-Office R:\S\STAFFRPT~23CZ.PC 1/27/93 klb CITY OF TEMECULA PARCEL ROPOSED D./W PARCEL 3 APARTMENT PARCEL 1 P.I.Q. CASE NO.: Change of Zone No. 23 _ EXItlRIT: D ' P.C. DATE: March 1, 1993 SITE PLAN R:\SXSTAFFRPT\23CZ.PC 1127193 klb CITY OF TEMECULA Site Legend: XX - A.M. Turning Volumes (XX) - P.M. Turning Volumes CASE NO.: Change of Zone No. 23 EXHIBIT: E EXISTING PEAK HOUR TURNING MOVEMENT VOLUMES -P.C. DATE: March 1, 1993 R:\S\STAFFRPT\23CZ.PC 1127./93 klb CITY OF TEMECULA / t Site Legend: XX - A.M. Turning Volumes (~(X) - P.M. Turning Volumes CASE NO.: Change of Zone No. 23 EXI-IIRIT: F EXISTING PLUS PROJECT PEAK HOUR VOLUMES P.C. DATE: March 1, 1993 R:\S\STAFFRPT~23CZ.PC 1/27/93 klb ATTACHMENT NO. 4 INITIAL STUDY R:\S~STAFFRPT~23CZ.pC 2/2/93 klb 14 City of Temecula Planning Department Initial Environmental Study I. BACKGROUND INFORMA~ON II. 1. ' Name of Project: 2. Case Numbers: 3. Location of Project: 4. Description of Project: 5. Date of Environmental Assessment: 6. Name of Proponent: 7. Address: 8. Phone Number of Proponent: Change of Zone No. 23 Change of Zone No. 23 South side of Rancho California Road, approximately 450 feet east of the intersection of Via Las Colinas and Rancho California Road Change of Zone from R-3-4,000 (General Residential) to C-O (Commercial-Office) of a 6.1 acre parcel January 26, 1993 Sara Muhtaseb P.O. Box 1004 Murrieta, CA 92564 (909) 677-3325 ENVIRONMENTAL IMPACTS (Explanations to all the answers are provided in Section III) 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes geologic substructures? b. Disruptions, displacements, compaction, or over covering of the soil? c. Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features? e.Any increase in wind or water erosion of soils, either on or off the site? f. Changes in siltation, deposition or erosion? Yes Maybe N__o X X X X R:\S\STAFFRPT~23CZ.PC 2/2/93 klb I 5 g. The modification of any wash, channel, creek, river or lake? h. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, liquefaction, ground failure, or similar hazards? i. Any development within an Alquist-Priolo Special Studies Zone? Air. Will the proposal result in: a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, temperature, or moisture or any change in climate, whether locally or regionally.'? Water. Will the proposal result in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff?. c. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to, temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions, withdrawals, or through interception of an aquifer by cuts or excavations? h. Reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or property. to water related hazards such as flooding? Y~ Maybe No _ X X X X X X X X R:%S\STAFFRPT%23CZ.PC 212193 Idb 16 Yes Maybe No 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? __ __ X b. Reduction of the numbers of any unique, r~re, threatened, or endangered species of plants? __ __ X c. Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? __ __ __X d. Reduction in the acreage of any agricultural crop? _ _ __X 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (animals includes all land animals, birds, reptiles, fish, . amphibians, shellfish, benthie organisms, and/or insects)?__ X__ b. Reduction of the numbers of any unique, rare, threatened, or endangered species of animals? _ .X_X _ c. The introduction of new wildlife species into an area? __ __ X d. A barrier to the migration or movement of animals? __ X e. Deterioration to existing fish or wildlife habitat? __ X 6. Noise. Will the proposal result in: a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? X c. Exposure of people to severe vibrations? __ __ __X 7. Light and Glare. Will the proposal produce or result in light or glare? __X _ _ 8. Land Use. Will the proposal result in: a. Alteration of the present land use of an area? X b. Alteration to the future planned land use of an area as described in a community or general plan?____ X R:%S\STAFFRPT~23CZ.pC 2/2/93 klb 17 Yes Maybe ~ 9. Natural Resources. Will the proposal result in: a. An increase in the rate of use of any natural resources? X __ b. The depletion of any nonrenewable natural resource? X lO. Risk of Upset. Will the proposal result in: a. A risk of an explosion or the release of any hazardous substances in the event of an accident or upset conditions (hazardous substances includes, but is not limited w, pesticides, chemicals, oil or radiation)? __ __ _X__ b. The use, storage, transport or disposal of any hazardous or toxic materials (including, but not limited to oil, pesficides, chemicals, or radiation)? __ c. Possible interference with an emergency response plan or an emergency evacuation plan? 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing housing or create a demand for additional housing? __ 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? __ __ __X b. Effects on existing parking facilities, or demand for new parking? X c. Substantial impact upon existing transportation systems, including public transportation? __ X, __ d. Alterations to present patterns of circulation or movement of people and/or goods? __ X e. Alterations to waterborne, rail or air traffic? _ _ __X_ f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? R:',S\STAFFRPT~23CZ.PC 2/2193 Idb 18 b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services: Libraries 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy? 1(5. Utilities. Will the proposal result in a need for new systems, or substantial alterations to any of the following utilities: a. Power or natural gas? b. Communications systems? c. Water systems? d. Sanitary sewer systems or septic tanks? e. Storm water drainage systems? f. Solid waste disposal systems? g. Will the proposal result in a disjointed or inefficient pattern of utility delivery system improvements for any of the above? 17. Human Health. Will the proposal result in: a. The creation of any health hazard or potential health hazard? b. The exposure of people to potential health hazards, including the exposure of sensitive receptors (such as hospitals and schools) to toxic pollutant emissions? 18. Aesthetics. Will the proposal result in: a. The obstruction of any scenic vista or view open to the public? b. The creation of an aesthetically offensive site open to public view? Maybe N_.qo X X X __x _ X X _ X _ X __ X X _ X R:XS\STAFF~T\23CZ.PC 2/2/93 klb 19 Yes Maybe No c. Detrimental visual impacts on the surrounding area? X 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational resources or opportunities7 X 20. Cultural Resource. Will the proposal result in: The alteration or destruction of any paleontologic, prehistoric, archaeological or historic site? Adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? X Any potential to cause a physical change which would affect unique ethnic cultoral values? X Restrictions to existing religious or sacred uses within the potential impact area? X R:\S\STAFFRPT~23CZ.PC 2~2/93 Idb 20 IH. DISCUSSION OF THE ENVIRO~AL IMPACTS 1.a. No. The Change of Zone proposal will not immediately result in unstable earth conditions or changes in geologic substructures. Upon ultimate development of the site, projects which are consistent with the existing zoning will be required to be reviewed through the Development Review/Use Permit Process. Construction and grading for typical development in this zone will not be at depths Which would affect any geologic substructures. 1.b. Yes. The Change of Zone request will not immediately result in the disruption, displacement; compaction, or overcovering of the soil, however it may facilitate it. Any future development will result in disruptions, displacements, compaction and overcovering of the soil, as all grading activity requires disruptions, displacements, compaction and overcovering of the soil. Any impacts will not be considered significant due to the fact that the site has previously been graded, and that the amount of disruption, displacement, compaction and overcovering of the soil can be minimized through project design. Yes. As mentioned in response 1 .b., the Change of Zone request will not immediately result in any physical changes to the site. Future Commercial-Office development will result in a change to topographic and ground surface relief features -as a result of the creation of driveways, site improvements and building pad sites. Impacts to the topography and/or ground surface relief features can be mitigated through the Development Review process for future development on the site. Slopes shall be required to be planted for erosion control. 1.d. No. Neither the Change of Zone request, nor development of the site will result in the destruction, covering or modification of any unique geologic or physical features. No unique geologic features exist on the site (based upon information contained in the City of Temecula Draft General Plan Environmental Impact Report, dated August 12, 1992, and the Southwest Area Community Plan Final Environmental Impact Report adopted May, 1989). Based upon a site inspection by staff, no unique physical features were identified on the site. I.e. Maybe. As mentioned in response 1 .b, the Change of Zone request will not immediately result in any physical changes to the site; however, it may facilitate development of the site. Ultimate development of the site may result in increased wind and'water erosion of soils on and off-site. Grading will occur for the creation of building pads, site improvements and driveways. The potential for wind and water erosions of soil from the manufactured slopes will be increased. This will be mitigated through planting of slopes for erosion control consistent with Uniform Building Code Standards and Ordinance No. 457. 1.f. Maybe. The Change of Zone request w~l not immediately result in changes in siltation, deposition and erosion. Ultimate development of this site may result in changes in siltslion, deposition and erosion. As mentioned in response 1.e., due to the creation of manufactured slopes for the driveways, the potential exists for erosion. This in turn would result in an increase of siltation and deposition at the bottom of any slopes. Any potential impact can be mitigated in the manner discussed in response 1 .e. 1.g. No. The Change of Zone request and any subsequent development of the site will not result in modifications to any wash, channel, creek, river or lake. None exist on the project site, nor are proximate to the site. R:\S\STAFFRPT%23CZ.PC 2/2/93 klb 1.h, l.i. Ai.....~r 2.a,b. 2.c. Water 3.a. 3.b. Yes. Ultimate development of the site will expose people and property to earthquake hazards since the project is located in Southern California, an area which is seismically active. Any potential impacts can be mitigated through building construction which is consistent with U~iform Building Code standards. The project will not expose people or pwperty to geologic hazards such as landslides; mudslides, Found failure or liquefaction. No known landslides are located on the site, and the potential for exposure of people w landslides is low due to the topography of the site and potential locations of building pad(s). The same is true for mudslides. The potential for ground failure and liquefaction is also low in this area. The above information was obtained through the City of Temecula General Plan Draft Environmental Impact Report (dated August 12, 1992) and the Southwest Area Community Plan Final Environmental Impact Report {adopted May, 1989). No. The Change of Zone request site does not propose, nor will any future development occur within an Alquist-Prinlo Special Studies Zone as identified by the State of California, Resource Agency Department of Conservation Special Studies Zone Map. Maybe. The Change of Zone request will not immediately result in air emissions, in the deterioration of ambient air quality and in the creation of objectionable odors, however, the Change of Zone from high-density Residential to Commercial-Office may create situations whereby air emissions may increase (during peak AM and PM traffic). Any potential increase will be addressed at the development review stage and can be mitigated through conditions of approval. Ultimate development of the site may result in air' emissions, in the deterioration of ambient air quality, and inthecreationofobjectionableodorsduringtheconstrnctionphase. These impacts will be of short duration and will not be considered significant in the long-rnn. No. The Change of Zone request will not immediately result in, nor shall any future development of this site result in alterations of air movement, temperature, or moisture, or in any change in climate either locally or regionally. No. The Change of Zone request will not result in, nor will ultimate development of the site result in changes to currents, to the course or direction of water movements in either marine or fresh waters. The project site is not located adjacent W either marine or fresh water sources. Yes. The Change of Zone request will not immediately result in changes to absorption rates, drainage patterns and the rate and amount of surface runoff, however future development on the site will result in changes when a project is realized, Previously permeable ground will be rendered impervious by construction of buildings, accompanying hardscape and driveways. While absorption rates and surface runoff will change, any impacts can be mitigated through site design at the development review stage. Drainage conveyances will be required which will safely and adequately handle any of the runoff which is created by the realization of a project at this site. Any impacts will not be considered significant. No. The Change of Zone proposal will not result in, nor will any future development of the site result in alterations to the course or flow of flood waters. The project is not located within or adjacent to an identified floodway. R:\S\STAFFRPT%23CZ.PC 2/2/93 klb 22 3.d. No. The Change of Zone proposal will not result in a change in the mount of surface water in any waterbody. Ultimate development of the site will result in an incremental change in the amount of surface water generated, however, as discussed in response 3.c., these impacts are not foreseen as being significant. Furthermore, no major waterbodies are located in the subject project area. 3.e. Maybe. The Change of Zone request will not immediately result in, nor shall any future development of the site result in any discharge into surface waters or in any alteration of surface water quality. Prior to issuance of a grading permit for any development proposal, the developer will be required to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. By complying with the NPDES requirements, any potential impacts can be mitigated to a level less than significant. 3.f. No. The Change of Zone request will not result in an alteration of the direction or rate of flow of groundwaters. In addition, ultimate development of the site will not result in an alteration of the direction or rate of flow of ground waters. Construction on the site will not be at depths sufficient to have an impact on ground waters. 3.g. No. Neither the Change of Zone proposal nor any future development on the site will result in a change in the quantity of ground waters, either through direct additions, withdrawals, or through interception of an aquifer by cuts or excavations. Reference response 3.f. 3.h. Maybe. The Change of Zone request will not immediately result in a reduction in the amount of water otherwise available for public water supplies. Any potential significant impacts to the amount of water otherwise available for public water supplies will be ascet'Xained at the development review stage. If any potentiai impacts are identified, then they will be mitigated through project design. Based upon the acreage of the parcel, the availability of water and observation of similar type projects within the area, any potential impacts are seen as insignificant. 3.i. No. The proposal will not expose people or property to water related hazards such as flooding. Reference response 3.c. Plant Life 4.a. No. The Change of Zone request will not immediately result in a significant change to the diversity of species, or number of any native species of plants, nor will any f~ture development of the site. The site has been previously graded and consists of sporadic groupings of shrubs. The site is considered "in~ll" with development existing to the north, west and south. 4.b. No. Neither the Change of Zone request nor any future development on the site will result in a reduction of the numbers of any unique, rare, threatened, or endangered species of plant. There are no unique or rare plants on the site. In addition, threatened or endangered species will not be significantly affected (Reference response 4.a.). R:\S\STAFFRPT~23CZ.PC 2/2/93 klb 23 4.c. No. The Change of Zone request will not immediately result in the introduction of new species to the site. Upon ultimate development on the site, new species of plants may be introduced. No significant native vegetation has been identified on the site, therefore, no significant impacts are expected from the introduction of these species. Any future development of the site will not result in the creation of a barrier to the normal replenishment of existing species due to the fact that the site is surrounded by existing development to the.north, west and south. No significant impacts are anticipated as a result of this project. 4.d. No. The Change of Zone request will not immediately result in a reduction in the acreage of any agricultural crop, nor will any.future development on the site. No prime farmland, farmland of statewide or local importance, or unique farmland is located within the project site. No significant impacts are anticipated as a result of this project. Animal Life 5.a,b, d,e. Maybe. The Change of Zone project site lies within the Riverside County Stephens Kangaroo Rat Habitat Conservation Plan Preliminary Study Area. The potential for the change in the diversity and number (reduction) of the species, producing a barrier to the migration of Stephens Kangaroo Rat as well as the deterioration of its habitat exists within the project area. Since a Habitat Conservation Plan has not been established as of this date, the impacts to the Stephens Kangaroo Rat may be mitigated through the payment of the Interim Mitigation Fee pursuant to Ordinance No. 663. This fee will be imposed as a Condition of Approval for a project at this site. No other sensitive species have been identified upon the site. No. The Change of Zone request will not immediately result in the introduction of any new wildlife species into the area, nor will any subsequent development projects. Noise 6.a. Yes. The Change of Zone request will not immediately result in increases to existing noise levels, however it may facilitate increases due to the fact that the owner of the property may choose to develop the site under the Commercial-Office designation (hence the request to change zoning designations from High-Density Residential to Commercial-Office). Upon ultimate development of the site; there will be resultant increases to existing noise levels. The land is currently vacant and any developmere of the land would result in increases to noise levels during construction phases as well as increases to noise in the area over the long run. These impacts will not be considered significant due to the fact that the potential for noise impacts will be discussed at the development review stage and mitigated through site design (i.e. buffering, setbacks). 6.b. Maybe. The Change of Zone request will not immediately result in the exposure of people to severe noise levels. Ultimate development ofthe site may expose people to strong noise leveis due to the fact that the subject project site is adjacent to a heavily travelled thoroughfare CRancho California Road). Any potential impacts can be addressed at the development review stage and mitigated through project design (i.e. walls, berms, landscaping and buffering). In addition, development of the site may expose people to severe noise levels during the development/construction phase. Grading machinery is capable of producing noise in the range of 100+ dBA at 100 feet which. is considered very annoying and can cause hearing damage from steady 8-hour exposure. The noise will not be considered significant since it will be of short duration. R:%S\STAFFRPT\23CZ,pC 2/2/93 klb 24 6.c. No. The Change of Zone will not immediamly result in the exposure of people m severe vibrations, nor shall it have any impa~ts in this area in the future. No significant impacts are anticipated as a result of this project. Lieht and Glare Yes. The Change of Zone/equest will not immediately produce or result in light or glare, Ultimate development on the site will result in new light sources. All light and glare has the potential to impact the Mount Palomar Observatory. No impacts are foreseen from light and glare since any future development on the site will be conditioned to be consistent with Ordinance N0. 655 (Ordinance Regulating Light Pollution). Land Use 8.a. Yes. The Change of Zone request will alter the present land use of the area particularly the land use designation for the site. The site is currently vacant. When a development project is realized on the site the use of the land will be altered. The Change of Zone request will be consistent with the future General Plan land use designation for the site and is consistera with other development in the area. Due to the Commercial-Office natore of the project and consistency with area development, no impacts are anticipated. 8.b. No. The Change of Zone request will not result in an alteration to the futore planned land use of the site as described in the City's future General Plan. Although the General Plan has not been adopted by the City Council, the recommended land use designation for the site is Professional Office. There is a likely probability that the Change of Zone request to Commercial-Office would be consistent with this land use designation, and the City's fotore General Plan. Natural Resources 9.a,b. Yes. The Change of Zone request will not immediately result in an increase in the rate of use of any natural resource or the depletion of any nonrenewable resource. Ultimate development of the site with Commercial-Office uses will result in an increase in the rate of use of natural resources (construction materials, fuels for the daily operation, asphalt, lumber) and the subsequent depletion of these non-reneWable natural resources. Due to the scale of any proposed development, these impacts are not seen as significant. Risk of Unset 10.a,b. No. The Change of Zone request will not result in a risk of explosion, or the release of any hazardous substances in the event of an accident or upset conditions, since none are proposed in the request. Upon ultimate development of the site, the risk of explosion or the release of hazardous substances in the event of an accident or upset conditions shall be relatively low based upon permitted uses within the Commercial-Office zone. Any uses which may pose a greater risk will require a Conditional Use Permit, therefore, any potential impact can be addressed and mitigated at the development review stage. The same explanations apply to the use, storage, transport or disposal of any hazardous or toxic materials. R:\S\STAFFRPT~23CZ.PC 2~2~93 klb 25 lO.c. No. Neither the Change of Zone request nor subsequent development projects on the site will interfere with an emergency response plan or an emergency evaluation plan. The subject site is not located in an area which could impact an emergency response plan. Any future development will ultimately take access from a maintained street and will therefore not impede any emergency response or emergency evacuation plans. Population 11. Maybe. The Change of Zone request will not immediately result in altering the location, distribution, density or growti3. rate of the human population of the area, however it may facilitet~ it. Ultimate development of Commercial-Office uses on the site will generate jobs which in turn may result in incremental alterations to the location, distribution, density and growth of human population in the area. Impacts are not seen as significant due to the face that sufficient infrastructure exists in the area. 12. Maybe. Reference response 11. An increase in population may result in an increased affect on existing housing and has the potential to create a demand for additional housing. These increases will not pose a significant impact to the existing or future housing stock within the area due to the fact that existing housing stock and future housing stock will be sufficient to accommodate any increases in population. Transportation/Circulation 13.a. No. The Change of Zone request will not immediately result in the generation of substantial additional vehicular movement. Information contained in the Focused Traffic Analysis (prepared by Ahmad E. Aburahmah, P.E. dated October 26, 1992) indicates that any future development of the site will result in the maintenance of Levels of Service (LOS) "C" for intersections affected by the project and LOS "D" or better maintained at the intersection of Raneho California and Ynez Roads during peak AM and PM hours. These levels of service are acceptable to City standards. According to Goal 1 of the Circulation Element of the draft General Plan: "... Strive to maintain level of Service "D" or better at all intersections within the City during peak hours and Level of Service "C" or better during non-peak hours." No significant impacts are expected from ultimate development of the site. 13.b. Yes. The Change of Zone request will not immediately affect existing parking facilities, nor will it immediately result in an increased demand for new parking. Upon ultimate development of the site, there will be an increased demand for new parking which will be required for the project as per City Ordinance. Off-site parking will be required and consistency with City Ordinances regarding the mount of off-street parking required/provided will be reviewed during the development review stage. No significant impacts are foreseen. 13.c. Maybe. The Change of Zone request will not create impacts upon existing transportation systems, including public transportation. Upon ultimate development of the site, impacts may occur to existing systems, including public transportation. Mitigation measures included in the focused traffic analysis include coustruceion of Rancho California Road and Lyndie Lane to their ultimate full section width, construction Moraga Road to its ultimate half-section width, payment of signal mitigation fees and the striping of a 200 foot left~turn pocket for westbound traffic on Ranthe California Road turning south bound onto Moraga Road and Lyndie Lane. Any impacts upon R:\S\STAFFRPT~23CZ.PC 212/93 klb 26 public transportation can be mitigated at the design/development review stage of the project by adhering to recommendations from the Riverside Transit Agency (RTA). Current RTA service exists along Rancho California Road in proximity of the subject project site. 13.d. Maybe. The Change of Zone request will not immediately result in alterations to present patterns of circulation or movement of people and/or goods, however it may facilitate it. Ultimate construction of Commercial Office uses on the sit~ may result in alterations to present patterns of circulation or movement of people and/or goods. The proposal to add Moraga Road and Lyndie Lane will represent a physical modification to existing transportation routes. The alterations will not be seen as significant due to the fact that the alterations to present patterns of circulation/movement of people and/or goods will Serve the subject project. 13.e. No. Neither the Change of Zone request nor future development proposal on the subject site will result in alterations to waterborne, rail or air traffic since none exists currently in the proximity of the site and none are proposed. 13.f. Maybe. The Change of Zone request will not immediately result in an increase in traffic hazards to motor vehicles, bicyclists or pedestrians, however, ultimate development of the site may result in an increase in traffic hazards to the above mentioned areas. Any impacts can be mitigated to a level less than significant through site design which is consistent with City standards. Potential conflicts can be mitigated at the development stage of the project. Public Services 14.a,b. Maybe. The Change of Zone request will not immediately have a substantial effect upon, or result in a need for new or altered fire or police protection, however, upon ultimate development of the site with Commercial-Office uses, impacts may occur in these areas. Fire mitigation fees will be required to be paid prior to the issuance of building permits for any development project on the site. These fees will offset any impacts which are created by the new development. There may be a resultant increase in the need for police protection due to the fact that increases in commercial development ultimately generates the need for additional housing stock (reference response No. 12). Any impacts to existing and future levels of service for police protection can be mitigated through the revenue generators which fund the City's police force (i.e. sales tax, property tax, transient occupancy tax, motor vehicle tax, etc.). These impacts are not seen as significant. 14.c. Maybe. The Change of Zone request will not immediately have a substantial effect upon or result in a need for new or altered school facilities, however, ultimate development of the site with Commercial Office uses may generate the need for additional housing stock (reference response No. 12). The resultant rise in residential development may generate the need for additional/expanded school facilities. Any impacts can be reduced to a level less than significant through the payment of school fees which will be required to be paid prior to the issuance of building permits for any development on the site. R:\S%STAFFRPT%23CZ.PC 2/2/93 klb 27 14.d. 14.e. 14.f. Energy 15.a,b. Utilities 16.a 16.b. Maybe. The Change of Zone request will not immediately have a substantial effect upon or result in a need for new or altered parks or other recreational facilities, however, future development of the site with Commercial Offtee uses may. As mentioned in Response No. 12, commercial development may result in an increase in demand for additional housing stock. Additional residential units may result in a need for new/expanded park and/or recreational facilities. Quimby fees are required to be paid as part of development of residential units to finance the creation/expansion of park and recreation facilities. Due to payment of these fees, plus the limited scale of the project, any impacts will be incremental and can be mitigated to a level less than significant. Maybe. The Change of Zone request will not immediately have a substantial effect upon or result in a need for maintenance of public facilities, including roads, however, future development of the site may result in a need for the maintenance of the above mentioned facilities. Funding for maintenance of roads is derived from the Gasoline Tax which is distributed to the City of Temecula from the State of California. Impacts W current and future needs for malntenanea of roads as a result of the ultimate development of the site will be incremental, however, they will not be considered significant. This is due to the fact that the Gasoline Tax is sufficient to cover any of the proposed expenses. Maybe. The Change of Zone request will not immediately have a substantial affect upon or result in a need for new or altered library services, however, future development on the site may have an impact upon the above mentioned services. As has been previously discussed (reference Response No. 12), additional commercial uses in an area may generate the need for additional housing stock. This in turn will result in an incremental increase in result in an incremental increase in demand for library facilities. These impacts are not seen as significant and can be mitigated to a level less than significant through payment of library fees. These fees are paid on residential units prior to the issuance of building penits. No other governmental series will be affected. No. Neither the Change of Zone request, nor any future development on the site will result in the use of substantial mounts of fuel or energy, nor will there be any subsequent increase in demand upon existing sources of energy or require the development of new sources of energy. Increases will occur as a result of ultimate construction of Commercial-Office uses on the site. These increases will be limited due to the scale of the project, and are therefore, not seen as significant. Maybe. Neither the Change of Zone request, nor any subsequent development on the site will result in a need for new systems or substantial alterations to power or natural gas. The project site is within proximity of existing facilities. In addition, any proposal would be seen as an "in-fill" project with existing uses to the south, north and west. Any potential impacts are not seen as significant. No.' Neither the Change of Zone request, nor any subsequent development on the site will result in a need for new systems or substantial alterations to communication systems. R:\S\STAFFRPT~23CZ.PC 212193 klb 28 16.c. No. Neither the Change of Zone request, nor any subsequent development on the site will result in a need for new systems or substantial alterations to water systems. Reference letter dated December 24, 1992 from Rancho California Water District (RCWD) which states: "Water service .... would be available upon completion of financial arrangements between RCWD and the property owner'*. The above mentioned letter is on file with the City of Temecula Planning Department. 16.d. No. Neither the Change of Zone request, nor any subsequent development ~n the site will result in a need for new systems or substantial alterations to sanitary sewer systems. According to the City of Temecula DraR General Plan Environmental Impact Report (EIR) dated August 12, 1992, implementation of the General Plan (of which this project is considered consistent with) any future project on the site would not significantly impact wastewater services. 16.e. No. Neither the Change of Zone request, nor any subsequent development on the site will result in a need for new systems or substantial alterations to storm water drainage systems (reference response No. 3.b,c.). 6.L No. Neither the Change of Zone request, nor any subsequent development on the site will result in a need for new systems or substantial alterations to solid waste disposal systems. Any impacts from solid waste created by future development on the site can be mitigated through participation in any Source Reduction and Recycling Programs which are implemented by the City. 16.g. No. Neither the Change of Zone request, nor any subsequent development on the site will result in a disjointed or inefficient pattern of utility delivery system improvements for any of the above due to the "in-fill" nature of the project. Human Health 17.a,b. No. Neither the Change of Zone request nor any future development on the site will result in the creation of any health hazard or potential health hazard. The County of Riverside Health Services Agency has reviewed the Change of Zone request and has voiced no objections to the project (County of Riverside Health Services Agency transmittal dated December 30, 1992, a copy of which is on file with the Planning Department). In addition, neither the current proposal nor any future development will expose people to potential health hazards. Aesthetics 18.a. No. Neither the Change of Zone request, nor any subsequent future development on the site will result in the obstruction of a scenic vista or view open to the public. As has been previously mention, the subject project site is considered an "in-fill" site. No vistas or views open to the public exist at the site. 18.b. No. Neither the Change of Zone request, nor any future development on the site will result in the creation of aesthetically offensive site open to public view. Currently, the site is vacant and has been graded. Manufactured slopes which are visible along Rancho California Road exist on the site and have not been landscaped. Upon development of the site with Commercial-Office type uses, the slopes will be required to be landscaped to City Standards. Development projects for the site will need to be consistent with City Ordinances and shall be reviewed during the development review process. Any potential negative aesthetic impacts can be mitigated at this time. R:\S~STAFFRPT~23CZ.pC 2/2/93 klb 29 18.c. No. Neither the Change of Zone request, nor any future development on the site will result in detrimental visual impacts on the surrounding area (reference response 18.b. for negative aesthetic impact mitigation). Recreation 19. No. Neither the Change of Zone request, nor any future development on the site will result in impacts to the quality or quantity of existing recreational resources or opportunities. The site is currently vacant and is not being used for either passive or active recreational purposes. Quimby fees will be indirectly associated with ultimate development of the site (reference response No. 14.d.) and these fees will contribute to a fund to allow for future park acquisition. Cultural Resources 20.a. No. Neither the Change of Zone request, nor any future development on the site will result in the alteration or destruction of any paleontologic, prehistoric, archaeological or historic site. No palcontologic, prehistoric, archaeological or historic sites exist on the subject project site. This determination is based upon information contained in the City of Temecula Draft General Plan Environmental Impact Report (datul August 12, 1992) and the Southwest Area Community Plan Final Environmental Impact Report (adopted May, 1989). 20.b. No. Neither the Change of Zone request, nor any future development on the site will result in adverse physical or aesthetic effects to a prehistoric or historic building, structure or object. None exist or are known to exist on the site (reference response No. 20.a.). 20.c. No. Neither the Change of Zone request, nor any future development on the site will have the potential to cause a physical change which would affect unique ethnic cultural values. No "unique" ethnic cultural values exist on-site or in proximity to the site (reference response No. 20.a.). 20.d. No. Neither the Change elT Zone request, nor any future development on the site will result in restrictions to existing religious or sacred uses within the potential Impact area. None exist or are known to exist on the site (reference response No. 20.a.). R:\S~STAFFRPT%23CZ.pC 2/2/93 Idb 30 IV. MANDATORY FINDINGS OF SIGNI~'ICANCE Does the project have the potential to either: degrade the quality of the environment, substantially reduce the habitat of a fish, wildlife or bird species, cause a fish, wildlife or bird population to drop below self sustaining levels, threaten to eliminate a' plant, bird or animal species, or eliminate important examples of the major periods of California history or prehistory? Yes Maybe N_.q _ _ X Does the project have the potential to achieve short term, to the disadvantage of long term, environmental goals? (A short term impact on the environment is one which occurs in a relatively brief, definitive period of time while long term impacts will endure well into the future.) X Does the project have impacts which are individually limited, but cumulatively considerable.'? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) X Does the projeCt have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? . X V. DEPARTMENT OF FISH AND GAME "DE MINIMUS" IMPACT FINDINGS Does the project have the potential to cause any adverse effect, either individually or cumulatively~ on fish and wildlife resources.'? Wildlife is defined as "all wild animals, birds, plants, fish, amphibians, and related ecological communities, including the habitat upon which the wildlife depends on for it's continued viability" (Section 711.2, Fish and Game Code). Yes X R:\S\STAFFRPT~23CZ.PC 2/2/93 klb 31 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because the Mitigation Measures described on the auached sheets and in the Conditions of Approval that have been added to the projea will mitigate any potentially significant impacts to a level of insignificance; and a NEGATIVE DECLARATION will be prepared. X I find {he proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Prepared by: Assistant Planner Date R:\S\STAFFRPT%23CZ,PC 212193 klb 32 ATTACHMENT NO. 5 TURNING MOVEMENT VOLUME TABLES R:\S\STAFFRP'r~23CZ.PC 2/2/93 klb 33 Turning Movement Eastbound Rancho California Rd. Westbound Rancho California Rd. TABLE 1 RANCHO CALIFORNIA AND YNEZ ROADS TURNING MOVEMENT VOLUMES Existing Peak IAM/PM) Existing Plus Project Peak (AM/PM) 451/1,297 515/1,420 819/828 965/871 % Change (AM/PM) 12.4/8.7 15.1/4.9 TABLE 2 VIA LAS COLINAS AND RANCHO CALIFORNIA ROAD TURNING MOVEMENT VOLUMES Existing Peak Existing Plus Project Peak Turning Movement (AM/PM~ (AM/PM) V~a Las Cohnas to Rancho California Rd. (eastbound) 10/29 10/29 VIa Las Colinas to Rancho Cahfornm Rd. (westbound) 34/62 38/64 Eastbound 'Rancho California Rd. to Via Las Colinas 34/21 39/25 Westbound Rancho California Rd. to Via Las Colinas 16/8 16/8 % Change {AM/PM) 0/0 10.5/3.1 12.8/16 0/0 R:\S\STAFFRPT~23CZ.PC 2/2/93 klb 34 TABLE 3 LYNDIE LANE AND RANCHO CALIFORNIA ROAD TURNING MOVEMENT VOLUMES TUrning Movement Lyndie Lane (northbound) to Rancho California Rd. (westbound) Lyndie Lane (northbound) to Rancho California Rd. (eastbound) Rancho California Rd. (westbound) to Lyndie Lane (southbound) Rancho California Rd. (eastbound) to Lyndie Lane (southbound) Existing Plus Project Peak (AM/PM} 142/41 35/72 95/30 59/119 TABLE 4 MORAGA AND RANCHO CALIFORNIA ROAD TURNING MOVEMENT VOLUMES Turning Movement Rancho California Road {oastbound) to Moraga Road (southbound) Moraga Road (southbound) across Rancho California Rd. Moraga Road (northbound) to Rancho California Rd, Moraga Road (northbound) across Rancho California Rd. Moraga Road (northbound) to Rancho California Rd. (eastbound) Rancho California Rd, (westbound) to Moraga Road (southbound) Rancho California Rd. (westbound across Moraga Road Rancho California Rd. (eastbound)'across Moraga Road Existing Peak (AM/PM) 0/0 0/0 0/0 0/0 0/0 0/0 913/568 393/963 Existing Plus Project Peak, (AM/PM) 0/0 29/13 0/0 16/20 24/6 23/21 1,018\596 428/1,035 R:\S~STAFFRPT~23CZ.PC 2/2/93 klb 35 ITEM #3 STAFF REPORT ~ PLANNING CITY OF TEMECULA PLANNING COMMISSION March 1, 1993 Case No.: Outdoor Advertising Displays Ordinance Prepared By:' Matthew Fagan RECOMMENDATION: Consider the deletion of the hardship ~rovisions of the existing ordinance and make a recommendation to the City Council; Provide direction to Planning Staff as To what steps should be taken to address 'potential permitting of Outdoor Advertising Displays within the City of Temecula; ADOPT Resolution No. 93- ordinance entitled: recommending adoption of an "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING REGULATIONS FOR THE USE OF OUTDOOR ADVERTISING DISPLAYS." APPLICATION INFORMATION APPLICANT: City of Temecula PROPOSAL: An Ordinance establishing regulations for the use of Outdoor Advertising Displays. LOCATION: City Wide BACKGROUND The City of Temecula has adopted a number of Ordinances regulating Outdoor Advertising Displays. Following is a chronology of Ordinances regulating Outdoor Advertising Displays: Ordinance No. 90-08: Adopted on April 24, 1990 and expired on June 8, 1990. Ordinance No. 90-08 was an Urgency ordinance adopting an interim zoning ordinance pertaining to regulations for Outdoor Advertising Displays. Section 3 (a) stated: "Pending the completion and adoption of the General Plan of the City of Temecula together with associated signage regulation for the Land Use Code for the City of Temecula, the establishment of Outdoor Advertising Display is hereby prohibited and no application for sign location plan, plot plan or other applicable discretionary entitlement for an Outdoor Advertising Display shall be accepted, acted upon, or approved." R:\S\STAFFRPT%OUTDOOR.PC 2/24/93 t~ 1 Ordinance No. 90-09: Adopted on June 5, 1990 and expired on April 24, 1991. Ordinance No. 90-09 was an urgency ordinance which extended interim Ordinance No~ 90-08. Ordinance No. 91-17: Ordinance No. 92-06: Adopted on April 23~ 1991 and expired on April 23, 1992. Ordinance No. 91-17 was an urgency ordinance which further extended interim Ordinance No. 90-08. Adopted on April 28, 1992 and will expire on April 28, 1993. Ordinance No. 92-06 is an ordinance pertaining to sign regulations and establishes regulations for the use of Outdoor Advertising Displays. Section 4.A. of Ordinance No. 92-06 contains a hardship provision which would permit commercial off-premises signs, provided that a finding of hardship is made by the Planning Commission. Following a noticed public hearing, a commercial off-premises sign may be approved subject to compliance with the provisions of Riverside County Ordinance No. 348, Article XIX (Advertising Regulations). Ordinance No. 92-07: Adopted concurrently with Ordinance No. 92-06 as an urgency ordinance. DISCUSSION Exoiration of Ordinance NO. 92-06 As discussed above in the Background Section, Ordinance No. 92-06 will expire on April 28, 1993, Planning Staff has determined that a permanent Ordinance establishing regulations for the use of outdoor advertising displays should be adopted for the following reasons: The draft General Plan contains goals within the Community Design Element which would encourage regulation of Outdoor Advertising Displays in excess of that which is contained in Section 19.3 of Ordinance No. 348 relative to Outdoor Advertising. According to the draft General Plan, "the goals and policies of the Community Design Element serve as the basis for the formulation of specific development code regulations as well as the development design guidelines for residential and non-residential uses." Goal 2 of the Community Design Element explicitly calls for: "Design excellence in site planning, architecture, landscape architecture and signage in new development and modifications to existing development." In addition, Goal 3 of this same Element calls for: "Preservation and enhancement of the positive qualities of individual districts or neighborhoods." At the current time, no mechanisms are in place which would afford Planning Staff the regulatory authority desired/recommended in the draft General Plan for the regulation of outdoor advertising displays. Section V of the draft General Plan calls for implementation programs for the Community Design Element. It is stated in Section V: "In many cases the goals, policies and recommendations provided in the element may provide adequate information to assist the City staff and decision-makers in their daily actions. However, in certain cases, because of the need for special detailed studies additional work may be necessary." R:%S~STAFFRPT%OUTDOOR.pC 2/24/93 tie 2 Section D.2. of Section V states: "A detailed study of Sign Code provisions based upon the General Plan policies should be conducted to assure consistency. Special guidelines would be formulated for signage within residential, commercial and industrial areas." This has also been the direction provided by the City Council at the April 14, 1992 meeting (see Attachment No. 3). Until this Special Study is completed, the proposed Ordinance should remain in effect. The "Hardship" Clause Two applications for Outdoor Ad~/ertising Displays (Plot Plan No. 245, Amendment No. 1 and Plot Plan No. 246, Amendment No. 1 ) were submitted under the hardship provision contained in Section 4.A. of Ordinance No. 92-06. These Plot Plan applications were denied by the Planning Commission and subsequent Appeals of these denials were denied by the City Council. During the review process, Planning staff had difficulty determining what actually constituted a "hardship". Subsequent to the appeals being denied, Staff requested clarification of the hardship provision by the City Attorney. The City Attorney advised staff to eliminate the hardship clause from the current ordinance and present the ordinance to the City Planning Commission for consideration and recommendation to the City Council. The hardship clause was originally placed in Ordinance No. 92-06 by the City Council (see Attachment No. 3). However, the Council in their consideration of the aforementioned appeals, did not provide direction to staff with respect to elimination of the hardship clause. Therefore, staff is requesting that the Planning Commission make a recommendation to the City Council relative to this matter. Effective Time Period of Prooosed Ordinance Section 10 of Ordinance No. 92-06 stated: "This Ordinance shall expire upon one year following its effective date." Planning Staff has deleted this section from the proposed Ordinance due to the fact that the proposed Ordinance needs to remain in effect until it is replaced by a specific sign ordinance which regulates Outdoor Advertising Displays. PermittinQ Process Currently, Planning Staff is utilizing Section 19.3 of Ordinance No. 348 and the subsequently adopted ordinances which regulate the establishment of Outdoor Advertising Displays within the City: It is anticipated that Outdoor Advertising Displays will be addressed in a future comprehensive sign ordinance. Until the future comprehensive sign ordinance is adopted, Staff will continue to utilize Ordinance No. 348 and any subsequent ordinances pertaining to the regulation of Outdoor Advertising Displays as well as the City's future General Plan when reviewing future applications for Outdoor Advertising Displays. CONCLUSION The City of Temecula City Council has adopted several Ordinances regulating the establishment of outdoor advertising displays. Outdoor Advertising Displays have been prohibited in the City of Temecula since April 24, 1.990. Ordinance No. 92-06 will expire on April 28, 1993. No subsequent Sign Ordinance has been adopted by the City of Temecula in the interim, therefore, Planning Staff is bringing the current ordinance before the Planning Commission to extend it until a specific sign ordinance which regulates Outdoor Advertising Displays is adopted. R:\S\STAFFRPT~OUTDOOR. pC 2/24/93 tie 3 FUTURE GENERAL PLAN CONSISTENCY As discussed in the Background Section of this report, the draft General Plan contains goals within the Community Design Element which would encourage regulation of Outdoor Advertising Displays in excess of that which is contained in Section 19.3 of Ordinance No. 348 relative to Outdoor Advertising. In addition, Section D.2. of Section V of the Community Design Element of the draft General Plan states: "A detailed study of Sign Code provisions based upon the General Plan poticies should be conducted to assure consistency. Special guidelines would be formulated for signage within residential, commercial and industrial areas." Until this Special Study iscompleted, the proposed Ordinance should remain in effect. Based upon these draft policies, there is a likely probability that the proposed ordinance wili be consistent with the City's General Plan upon its ultimate adoption. ENVIRONMENTAL DE'I'ERMINATION This Ordinance does not have a potential for causing a significant effect on the environment. Therefore, Staff has determined that the project is exempt from California Environmental Quality Act (CEQA) under Section 15061 (b)(3}. FINDINGS The proposed Outdoor Advertising Displays Ordinance is necessary to bring about eventual conformity with the City's future General Plan, specifically, the Land Use and Community Design Elements. There is a reasonable probability that the proposed Outdoor Advertising Display Ordinance will be consistent with the Community Design Element of the City's future General Plan, which will be completed in a reasonable time. In addition, there is a likely probability that the Outdoor Advertising Display Ordinance will be in accordance with the goals and/or pol!cies of the City's future General Plan. There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed policies are ultimately inconsistent with the plan, due to the fact that policies Will be adopted for the new General Plan. Therefore, it is likely that the City will consider these policies during their preparation of the General Plan. Attachments: Resolution No. 93- . - Blue Page 5 Ordinance No. 93- - Blue Page 8 City Council Minutes dated April 14, 1992 - Blue Page 13 R:\S%STAFFRPT%OUTDOOR.pC 2/24/93 tie 4 ATTACHMENT NO. 1 PC RESOLUTION NO. 93- R:\S\STAFFRPT%OUTDOOR.PC 2/24193 tie 5 PC RESOLUTION NO. RESOLUTION OF ~ PLANNING COMMISSION OF ~ CITY OF TEMECULA RECOMMENDING ~ CITY COUNCIL ADOPT ~ ORDINANCE NO. 93- I~LA. TIVE TO OUTDOOR ADxgERTISING DISPLAYS. WHI~,REAS, City Ordinance No. 90-04 adopted by reference certain portions of the non- codified Pdverside County OrdinanCes, including Ordinance No. 348 ("I~nd Use Code"); and WI~-REAS, such regulations do not contain adequate provisions for the use of outdoor advertising displays; and WIT?~REAS, the City of Temecula desires to regulate the use of outdoor advertising displays and to protect the health, quality of life, and the environment of the residents of Temecula; and WFW. REAS, The City of Temecula City Council has adopted several Ordinances regulating the establishment of outdoor advertising displays, prohibiting these displays in the City of Temecula since April 24, 1990; and WHF~REAS, a public hearing was conducted on March 1, 1993, at which time interested persons had an opportunity to testify either in support or opposition; and WtII~.REAS, notice of the proposed Ordinance was posted at City Hall, the County Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce; NOW, THE~REFORE, THE PLANNING COMMISSION OF ~ CITY OF TEMECULA DOES RESOLVE, DETER_MINE AND ORDER AS FOLLOWS: Section 1. That the Planning Commission of the City of Temecula hereby finds that the proposed Outdoor Adverting Displays Ordinance will provide for the establishment of regulations for outdoor advertising displays in a fair and equitable manner. Section 2. That the Planning Commission of the City of Temecula further f'mds that the proposed Outdoor Advertising Displays Ordinance is necessary to bring about eventual conformity with the General Plan's Community Design Element. Section 3. That the Planning Commission of the City of Temecula hereby fmds that this Ordinance does not cause a significant affect on the environment. Therefore, the proposed Ordinance is exempt from the California Environmental Quality Act under Section 15061 (b)(3). R:\S\STAFFRPT~OUTDOOR.PC 2/24/93 tie 6 Section 4. That the Planning Commission of the City of Temecula hereby recommends to the City Council adoption of the proposed Outdoor AdvertiSing Displays Ordinance. The Ordinance is incorporated into this Resolution by this reference and marked Attachment "2". PASSED, APPROVED AND ADOFrED this 1st day of March,: 1993. L1NDA L. FAItEY CHAIRMAN I n!~.REIIy CERTII~ that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular!meeting thereof, held on the 1st day of March, 1993 by the following vote of the Commission. AYES: NOES: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: GARY THORNI-mJ, SECRETARY R:\$\STAFFRPT~OUTDOOR.PC 2/24~93 tis 7 ATTACHMENT NO. 2 ORDINANCE NO. 93--- R:\S\STAFFRPT~OUTDOOR.PC 2/24/93 fie ~ ORDINANCE NO. AN ORDINANCE OF ~ C1TY COUNCIL OF TH'F, CITY ' OF TEIVIECULA ESTABLL~HING REGULATIONS FOR ~ USE OF OUTDOOR ADVERTISING DISPLAYS. THE CITY COUNCIL OF TH~ CITY OF 'rP. MECULA DOES I-IERI:~Y ORDAIN AS FOLLOWS: Section 1. FindinEs That the Temecula City Council hereby makes the following findings: Pursuant to Government Cede Section 65360, a newly incorporated City shah adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the City is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, ff all of the following requirements are met: A. The City is proceeding in a timely fashion with the preparation of the General Plan. B. The planning agency fmds, in approving projects and taking other actions, each of the following: 1. There is a reasonable probability that the land use or action proposed will be consistent with the General Plan proposal being considered at the current time. 2. Them is little or no probabffity of substantial detriment to or interference with the future adopted general plan ff the proposed use or action is ultimately inconsistent with the plan. 3. The proposed use or action complies with all other applicable requirements of state law and local ordinances. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the pnparafion of its General Plan. The proposed land use regulations axe consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Cede, to wit: C. The City is proceeding in a timely fashion with the preparation of the General Plan. D. The City Council finds, in adopting land use regularions pursuant to this rifle, each of the following: R:\S\STAFFRPTXOUTDOOR.PC 2/24/93 tis 9 1. There is reasonable probability that Ordinance No. 93- will be consistent with the General Plan proposal being considered or studied or which will be studied within a reasonable time. 2. There is little or no probability of substantial detriment to or interference with the future adopted general plan if die proposed use or action is ultimately inconsistent with the plan. 3. The proposed use or action 9omplies with all other applicable requirements of state law and local ordinances: Seaion 2. P~_rpose The purpose of this Ordinance is to set forth the development standards for the inst~lation and maintenance of outdoor advertising displays within all !and-use zones of the City. The purpose of these regulations is to ensure that the design and location of outdoor advertising displays are consistent with the health, safety, and aesthetic objectives of the City. h is a desire of the City that the design of this community be of the highest quality, that new development be architecturally distinctive as well as homogeneous in design, and that accessory facilities be compatible with the overall theme. The quality of signage plays a very distinctive role in achieving the above. When abused, signs can create a visual blight which detracts from the quality of the environment and an individual's visual perception of the City. Recognizing that the primary purpose of signs is proper business identification, the regulations of this Ordinance are enacted to: A. Ensure that signs erected within the City are compatible with their surroundings and are in keeping with the policies of the City; B. Provide for the identification of businesses and should not be used for advertising purposes; C, Promote traffic safety and community identity while also enhancing the quality of the visual environment of the City; and D. Establish regulations which control outdoor advertising displays within the City. Seaion 3. Definitions For purposes of this Ordinance, the following words, terms, phrases, and their derivations, shall have the meanings given herein. Then Consistent with the context, words used in die present tense singular include the plural. A. "Commercial Off-Premise Sign" .means any sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which the sign is located. A commercial off- premise sign may be commonly known or referred to as an off-premises billboard. R:\S\STAFFRPTXOUTDOOR.PC 2124/93 tie 10 B. "Non-Commercial Off-Premise Sign" means any sign structure exhibiting non- commercial speech or message in lieu of commercial sign copy; and any sign structure exhibiting non-commercial signing unrelated to the buying or selling of commodities or anything involved and practiced. Section 4. Prohibited Signs The establishment of the following outdoor advertising disphys are hereby prohibited and no application for sign location plan, plot plan, or other application discretionary entitlement for a outdoor advertising disphy shall be accepted, acted upon, or appmved. A. Commercial off-premises signs, provided that upon a fmding of hardship' made by the Planning Commission, following a noticed public hearing, a commercial off-premises sign may be appwved subject to compliance with the provisions of Riverside County Ordinance No. 348 Article XIX. Section 5. Exempt Outdoor Advertising Displays The provisions of this Ordinance shall not apply to any application for: A. Directional Signs, as defined in Chapter 5 of the Temecuh Municipal Code. B. On-site advertising structures and signs (Ordinance 348, Section 19.5 of the non- codi~ed ordinances of the County of Riverside and adopted by the City of Temecula under Ordinance No. 90-04). C. Non-commercial off-premises advertising structures and signs, subject to the following design and performance standards: Square footage of the sign beard is limited to twelve (12) square feet or less; 2. There shall be no more than one (1) sign board per parcel; Total height of a ground-mounted sign and supporting structure shall not exceed six (6) feet; 4. No sign shall be illuminated. Section 6. Non-conforming Outdoor Advertising Displays All outdoor advertising displays, in any zone, hwfuily constructed and erected prior to the effective date of this Ordinance, which do not conform to the requirements of the provisions of this Ordinance for the particular zone in which they are located, shall be accepted as non-conforming sign. Section 7. To the extent the provisions of this Ordinance conflict with any provisions of Article XIX of Ordinance No. 348 the provisions of this Ordinance shall apply. R:\S\STAFFRPT\OUTDOOR.PC 2/24/93 tie 11 Section 8. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and it for any reason a court of competent jurisdiction shah hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 9. Environmental Conlpliance. The City Council hereby finds that this project does not have a potential for causing a significant affect on the environment. Therefore, the project is exempt from the California Environmental Quality Act under Section 15061 (b) (3). Section 10. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by hws. PASSED, APPROVED AND ADOPTED this __ day of April 1993. ATTEST: J. Sal Mu~oz, Mayor June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I~ June S. Greek, City Clerk of the City of Temecula, I-I~Y DO CERTII~Y that the foregoing Ordinance No.93- was duly introduced and placed upon its first reading at a regular meeting of the City Council of the City of Temecula on the __ day of , 1993, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the day of ,1993, by the following roll call vote: COUNCH-MElVI~ERS: NOES: COUNCILMElVlBERS: CO~CILMEMBERS: June S. Greek, City Clerk R:\S\STAFFRPT~OUTDOOR.PC 2/24/93 tie 12 A'I'I'ACHMENT NO. 3 CITY COUNCIL MINUTES DATED APRIL 14, 1992 R:\S\STAFFRPT\OUTDOOR.PC 2/24/93 fie 13 City Council Minutes April 14. 1992 25. Outdoor Display and Advertising Ordinance Director of Planning Thornhill presented the staff report and stated that an urgency ordinance and a regular ordinance are being proposed. Mayor Birdsall called a brief,recess at 10:25 PM to change the tape. The meeting was reconvened at 10:26 PM. It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Parks to. extend the meeting until 11:00 PM. The motion was unanimously carried, with Councilmember Mu~oz absent. Mayor Birdsall opened the public hearing at 10:26 PM. Bob Adams, Adams Advertising Inc., 19081 Rocky Road, Santa Ana, requested that the City Council consider allowing certain types of billboards in the City. He presented the City Council with packets showing different designs for billboards using a western motif. He requested that the hardship clause, allowing for exemption upon review by the Planning Director be included. He also requested that input from the Billboard Industry be obtained in revising the Outdoor Advertising Ordinance. Evelyn Harker, 31130-85 South General Kearny Road, rec~uested that billboards be allowed in certain areas of the City, stating they are helpful in publicizing speciaI events and advertising Old Town Temecula and the wineries, Mayor Birdsall closed the public hearing at 10:35 PM. Councilmember Parks asl;ced why the hardship clause was removed. Director of Planning Thornhill stated it is difficult to make findings without criteria in place, He stated he would feel more comfortable with review going to the Planning Commission, rather than the Planning Director. Mayor Birdsall asked why two ordinances are necessary. City Attorney Field stated that the regular ordinance runs out on the 23rd of this month and the urgency ordinance would be in effect between this meeting and when the regular ordinance takes effect in 30 days. Councilmember Parks stated he would like to see this ordinance researched further and possibly establish zones where billboards can be placed. City Manager Dixon explained without a City ordinance in place, the county ordinance would go into effect. He recommended that the Council adopt the urgency ordinance tonight and initiate the first reading of the permanent ordinance and instruct staff that Mi n\04~ 14\92 - 14- 04~22~92 City Council MinuTes ADtii 14, 1992 as the general plan process goes forward, to meet with representatives from the billboard industry in developing a long term ordinance. Mayor Pro Tern Lindomens stated he would be in favor of that recommendation if it could be amended to be reviewed in six months. Councilmember Parks stated he would like to see the hardship clause included. City Manager Dixon stated he would prefer review by the Planning Commission rather than the Planning Director. He also recommended the '~sunset clause" be for one year instead of six months which will be more in line with completion of the General Plan. RECESS Mayor Birdsall called a recess at 10:54 PM, The meeting was reconvened at 11:01 PM. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindomens to extend the meeting until 11:30 PM. The motion was unanimously carried, with Councilmember Mu~oz absent. The City Attorney read an additional hardship condition for Section 4 as follows: "4. A. Commercial off-premises signs, provided that upon a finding of hardship made b,} the Planning Commission, following a noticed public hearing, a commercial off- premises sign may be approved subject to compliance with the provisions of Riverside County ordinance No. 348 Article XIX," The City Attorney read an addition of a "Sunset" ctause to the regular ordinance which should read as follows: "This ordinance shall expire one year following its effective date." It was moved by Mayor Pro Tern Lindomens, seconded by Councilmember Moore to introduce and read by title 0nly an ordinance entitled: ORDINANCE NO. 92-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PERTAINING TO SIGN REGULATIONS AND ESTABLISHING REGULATIONS FOR THE USE OF OUTDOOR ADVERTISING DISPLAYS The motion was unanimously carried, with Councilmember Mu~Oz absent. Min\04\l 4\92 - 15- 04/22/92 City Council Minutes Aorll 14, 1992 It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Moore to adopt an urgency ordinance entitled: ORDINANCE NO. 92-07 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PERTAINING TO SIGN REGULATIONS AND ESTABLISHING REGULATIONS FOR THE USE .OF OUTDOOR ADVERTISING DISPLAYS The motion was unanimously carried, with Councilmember Mu~oz absent. Councilmember Parks requested a study group be established to review this ordinance and allow enough time for City Council review. Mayor Birdsall requested this committee be comprised of a member of the City Council, Planning Commission, City staff, representatives of the billboard industry, and merchants. 26. Ordinance Grandno ADoroyal A.uthoritv for Subdivision and Land Use ADolication Decisions Director of Planning Thornhill presented the staff report. Mayor Birdsall opened the public hearing at 11:07 PM. it was moved by Councilmember'Lindemans, seconded by Councilmember Moore to continue the public hearing until the meeting of May 12, 1992. The motion was unanimously carried, with Councilmember Mu~oz absent. 29. Temporary PavinO of Parking Lot at 6th Street and Front Street 30. Maintenance of Streets Not Within the Maintained Road System It was moved by Councilmember Parks, seconded by Councilmember Moore to continue Items 29 and 30 to the next available agenda. The motion was unanimously carried, with Councilmember Mu~oz absent. Min\04\l 4\92 -16- O4122/92 ITEM #4 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION March 1, 1993 Case No.: Amendments to the Ordinance Regulating Temporary Signs Prepared By: David W. Hogan RECOMMENDATION: ADOPT Resolution No. 93- ordinance entitled: recommending adoption of an "A RESOLUTION OF THE PLANNING COMMISSION FOR THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL AMEND PORTIONS OF ORDINANCE NO. 348 AND 92- 16 PERTAINING TO THE REGULATION OF TEMPORARY SIGNS." APPLICATION INFORMATION APPLICANT: City of Temecula PROPOSAL: An Ordinance Amending the Standards for Temporary Signs. LOCATION: Citywide PURPOSE The purpose of this Staff Report is to forward proposed amendments to the Ordinance Regulating Temporary Signs to the Planning Commission and City Council for their consideration. BACKGROUND The City Council approved the Ordinance Regulating Temporary Signs and associated Fee Resolution on October 27, 1992; After the public hearing on the proposed ordinance, the City Council instructed Staff to do the following: Amend the Ordinance to provide a six month moratorium on the enforcement of the temporary sign regulations, except for temporary signs located in the public right-of- way and on vehicles; 2. Initiate a program to remove all temporary signs from the public right-of-way; 3. Add new members to the Temporary Sign Committee; Have the Committee reconsider the allowable time periods for temporary signs and standards for detached temporary signs and make a recommendation to the City Planning Commission; and, STAFFRPT~TEMPSIGN.3FC 5. Return any recommended ordinance amendments to the City Council in about 6 months. DISCUSSION On February 1, 1993, the City sent letters to the 32 members of the expanded Temporary Sign Committee. In response, six Committee members attended the February 10, 1993, meeting of the Temporary Sign Committee. The members present included representatives of local retail, real estate and sign companies. The Committee met to discuss possible standards for detached temporary signs and .to reconsider the allowable time periods fo( temporary signs as requested by the City Council. The allowable time periods for temporary signs was the first issue considered by the Temporary Sign Committee. It was the consensus of the committee members present that the current Ordinance Regulating Temporary Signs was too restrictive and that temporary signs should be allowed for longer periods of time so that struggling local businesses could stay in business. Initial Committee proposals focused on the idea of allowing temporary signs for 50% of the year. This proposal, which was eventually rejected by the Temporary Sign Committee, would have allowed temporary promotional signs for up to twelve 1 E-Day Temporary Sign Events per year. Two temporary sign events could be combined to. may a single 30 day period. After some discussion, the Committee felt that allowing temporary promotional signs for only half the year would not be sufficient to keep local small businesses in operation. As a result, the Committee recommended that temporary promotional signs be allowed up to 75% of the year on a 45-day on and 15-day off pattern. In addition, the Temporary Sign Committee felt that the City should continue it's moratorium on enforcement of City temporary sign regulations for an additional 6 months. However, staff is concerned that allowing nearly constant use of temporary signs may result in increased visual blight and clutter and could ultimately reduce property values in the City's commercial and service districts. Staff recognizes that there is a need for local businesses to have the opportunity to advertise special events and sales during the year. During the initial meetings of the Temporary Sign Committee, the Committee discussed what temporary signs are intended to do and when they should be used. At those meetings, the Committee arrived at the following consensus on temporary signs. That temporary signs are often needed during the initial start-up period for new businesses until the permanent signage is available. · That temporary signs are often needed during special sales or promotional activities. · The permit process for temporary signs should be an easy, over-the-counter process. · That temporary signs can provide for unfair competition. · That all businesses need to be regulated equally. That temporary signs are not an alternative to a "cheap" low visibility site or poor marketing. STAFFRPT',TEMPSIGN,3PC 2 · That excessive signage creates the image of a low quality community and could result in visual blight and clutter. · That temporary signs can obstruct the view of other businesses and their signs. · That special standards are needed for Old Town Temecula. Staff is concerned that the use of temporary promotional signs for up to 75% or 274 days per year would result in temporary signs becoming de facto permanent signs. However, Staff has included the 45-day on and 15-day off provision for temporary promotional signs in the proposed amendments to the Ordinance Regulating Temporary Signs. The second issue considered by the Temporary Sign Committee was whether or not to permit detached temporary signs. Detached temporary signs which are not attached to a building, but could be attached to posts or trees. The Committee recommended that detached temporary signs be allowed. During the discussion which followed, the Committee members determined that 32 square feet should be the maximum size for detached temporary signage. It was also decided that detached temporary signage should not be allowed to block the visibility of other businesses or their signs, block vehicular or pedestrian access, or obstruct the view of motorists. Initially staff envisioned an over-the-counter permit process which would not require extensive plans or measurements. However, staff is concerned that allowing detached temporary signs would require more detailed site plans for the permit review process to ensure that the signs will not block the visibility of other businesses or their signs, impair vehicular and pedestrian access, or obstruct the view of motorists. Furthermore, staff is also concerned that the City could potentially be found to be liable if an accident were to occur because a detached temporary sign impaired a driver's or pedestrian's visibility. Staff would be more comfortable with detached temporary signs if there were a requirement that the detached signs be mounted in a stable and durable frame. This requirement would eliminate the potential safety problems associated with having rope or wire stretched between trees or poles. The requirement to mount detached temporary signs in a frame has been included in the proposed amendments. CONCLUSION The proposed amendments to the Ordinance Regulating Temporary Signs would amend portions of Sections 19.9 and 19.10 of Article XIX, Ordinance 348 as recommended by the Temporary Sign Committee. Specifically this attached ordinance amendments would do the following: · Extend the allowable time periods for promotional temporary signs from a maximum of 60 days per year to 274 days per year; Provide standards for detached temporary signs, which do not block the visibility of other businesses, other business signage, or operator of a motor vehicle, up to 32 square feet in areas outside of Historic Old Town Temecula; and, · Continue the moratorium on the enforcement of the temporary sign regulations on private property for an additional six-months. FUTURE GENERAL PLAN CONSISTENCY Staff has reviewed the Draft General Plan and compared it with the proposed amendments to the Ordinance Regulating Temporary Signs. During the review, staff was unable to identify any policies or programs which would prohibit the proposed ordinance amendments. As a result, staff can not find the proposed amendments to be inconsistent with the Draft City General Plan. ENVIRONMENTAL DETERMINATION This Ordinance amendment will expand the use of temporary signs for limited periods in existing commercial and service districts. As a result, the proposed Ordinance Regulating Temporary Signs does not have the potential to cause significant impacts on the environment and the project is exempt from CEQA pursuant to Section 15061 (b)(3). FINDINGS There is a need to improve the competitiveness of service and commercial businesses and maintain the aesthetic quality of all areas in the City. The overuse of temporary signs results in visual clutter,' the deterioration of the City's commercial and service districts, and the inefficient use of business advertising resources. The propose~J amendments to the Ordinance Regulating Temporary Signs will provide for effective identification. There is little or no probability of substantial detriment to or interference with the future General Plan if this Ordinance is ultimately inconsistent with the General Plan. There is little'or no probability of substantial detriment to or interference with.the future Old Town Specific Plan if this Ordinance is ultimately inconsistent with the Plan. Attachments: 1. Resolution - Blue Page 5 2. Combined Redline/Strike-out Draft of the Temporary Sign Regulations - Blue Page 8 3, Ordinance - Blue Page 22 STAFFRPT~TEMPS4GN.3PC 4 ATTACHMENT NO. 1 PC RESOLUTION STAFFRPT~TEMPSIGN,3pC 5 ATTACHMENT NO. 1 PC RESOLUTION NO. A RESOLUTION OF TBY~ PLANNING COMMISSION FOR T~F. CITY OF TEMECUIA RECOMMENDING THAT THE CITY COUNCIL A.MEND PORTIONS OF ORDINANCE NO. 348 AND 92-16 PERTAINING TO ~ REGULATION OF TEMPORARY SIGNS. WIW. REAS, City Ordinance No. 90-04 was adopted by reference certain portions of the non-codi~ed Riverside County Ordinances, including Ordinance No. 348 ("Land Use Code"), by the City Council for the City of Temecula; and WI~.REAS, City Ordinance No. 92-16 was adopted by the City Council for the City of Temecula; and WI~.REAS, City Ordinance No. 92-16 amended portions of Ordinance No. 348 and provided standards for the provision of temporary signs within the City of Temecula; and WHEREAS, such these regulations do not contain adequate provisions for the use of temporary signs; and WHEREAS, notice of the proposed Ordinance was posted at City Hall, County Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce; WltF. REAS, a public hearing was conducted on March 1, 1993, at which time interested persons had an opportunity to testify either in support or opposition; and NOW, THEREFORE, THE PLANNING COMMISSION OF T!:ff. CITY 'OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the Planning Commission of the City of Temecula hereby finds that the proposed Ordinance Regulating Temporary Signs will provide for the establishment of regulations for temporary signs. Section 2. That the Planning Commission of the City of Temecula fUrther finds that the proposed amendments to the Ordinance Regulating Temporary Signs will probably be consistent with the Old Town Specific Plan when it is adopted. Section 3. That the Planning Commission of the City of Temecuh fUrther finds that the pwposed amendments to the Ordinance Regulating Temporary Signs will probably be consistent with the General Plan when it is adopted. STAFFRPT\TEMPSIGN.3PC 6 Section 4. That the Planning Commission of the City of Temecula further finds that the proposed Ordinance Regulating Temporary Signs does not have the potential to cause a significant impacts on the environment and has determined that the project is exempt from California Environmental Q~ality Act, as amended, pursuant to Section 15061 (b) (3). Section $. That the Planning Commission of the City of Temecula hereby recommends to the City Council that the Council adopts the proposed Ordinance Regulating Temporary Signs. The Ordinance is incorporated into this Resolution by this reference and marked Attachment "2" for identification. PASSED, APPROVE]) AND ADOFrFJ) this 1st day of March, 1993. LINDA FAHEY CHAIRMAN I HI~.R~..Ry CERTIFY that the foregoing Resolution was duly adopill by 'the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 1st day of March, 1993 by the following vote of the Commission: AYES: NOES: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: $TAFFRPT~TEMPSiGN.3PC 7 ATTACHMENT NO. 2 COMBINED REDLINE/STRIKE-OUT DRAFT OF THE TEMPORARY SIGN REGULATIONS CONTAINED ORDINANCES NO. 92-16 AND STAFFRPT~TEMPSIGN.3PC 8 ATTAC}IM~NT NO. 2 Text which is proposed to be added to the Ordinance is shown with ~. which is proposed to be deleted from the Ordinance is shown in a s..'.L~.c c": style. Text ORDINANCE N0. 93-__ AN ORDINANCE OF 'TRE CITY COUNCIL FOR T!tF. CITY OF xm _cta,A A m- , ING FORnONS OF ORDINANCe- NO. S4S PERTAINING TO ~ REGULATION OF TEMPORARY SIGNS. The City Council of the City of Temecula does hereby ord3in as follows: Section 1. Findings. The City Council of the City of Temecula hereby makes the following findings: A. That the City Council is authorized by Section 65850(b) of State Planning and Zoning Law, to adopt ordinances regulating signs and billboards; B. That there is a need to improve the compe~tiveness of service and commercial businesses and maintain the aesthetic quality of all areas in the City; C. That there is a need to pwvide specific and historically appropriate temporary signage in the Old Town area; D. That regulating temporary signage is an effective method to improve the aesthetic quality of all axeas in the City; the City's Fesollrces. That the overuse of temporary signs results in visual clutter, the deterioration of commercial and service districts, and the inefficient use of business advertising F. That the City is proceeding in a timely fashion with the preparation of the general plan and that: 1. There is a reasonable probability that this Ordinance will be consistent with the general plan proposal now being considered and studied. 2. There is little or no probability of substantial detriment to or interference with the future general plan if this Ordinance is ultimately inconsistent with the plan. 3. There is little or no probability of substantial detriment to or interference with the future Old Town Specific Plan if this Ordinance is ultimately inconsistent with the plan. STAFFRPT'~TEMPSIGN.3PC 9 4. That this Ordinance compiles with all the applicable requirements of State law and local ordinances. G. That pursuant to City Ordinance 90-04, the City Council adopted by reference Riverside County ~ce No. 348, which the Council has subsequently mended through various City Ordinances~ tt. The City Council atlopl~l City Orditmne~92-16, amending Ordinance No. 348, on October 27~ 1992. I. That ~e~e is a need to am~t Ordinance 92-16 to improvo the- compelitiveness of service and c, omme~al bosine~ses in ~o City; Seaion 2. read as follows: Section 19.2 of Article- XIX of Ordinance No. 348 is hereby mended to "t. "Temporary Sign" means a sign which is made of cloth, bunting, plastic, vinyl, pester board, painted windows, or other similar materials, and which is located on site of the business use or activity, and is erected or placed for a prescribed period of time to promote, advertise, announce, or provide the- following information: (1) Designates, identifies, or indicates the name of the business, owner, or occupant of the premises where the sign is located; or, (2) Advertises the business conducted, the services available or rendered, or goods produced, sold, or available for sale upen the premises where the sign is located. For the purpose of this Ordinance, temperary signs do not include For Sale, Lease or For Rent Signs (which are regulated by Section 19.5), Temperary Political Signs (which are regulated by Section 19.7), or seasonal window displays than contain traditional holiday characters and messages and which axe intended to ereate or enhance holiday character of an area and do not reference or display service available or rendered, or goods produced, sold or available for sale. u. "Promotional Sign" means a temporary sign intended to attract attention to a use or activity for a limited number of events as identified in this ordinance. v. "Window Sign" means any written representation, emblem or other character, or sign which is painted, attached, glued, or affixed to a window or is otherwise easily visible from the exterior of the building where the advertised product or service is available. w. "Interim Sign" means a temperary sign intended to provide interim signage while the permanent signage is being fabricated, repaired, or prepared for installation. STAFFRPTXTEMPS~GN.3PC ]0 x. "Special Event Sign" means a temporary sign for special community activities or seasonal events. By way of example only, such activities or eventS may include charitable and community fund raising events, Christmas tree sales, the tractor races, or the annual Temecula wine and balloon festival. y. "Grand Opening Sign" means a temporary sign, bearing the words "Grand Opening", or some simihr message to announce the opening of a new business. z. "Temporary Sign Event" means any number of consecutive days, up to liftnon (15) ~ii~.~} for the display of any promotional sign. aa. "Portable Sign" means a sign not designed to be attached to a building or permanent structure, vehicle or trailer. Hxamples of portable signs include, but axe not limited to: A-Frames, also known as sandwich boards, and T-Frames, also known as spring- loaded signs. bb. "Vehicle Mounted Sign" means any temporary sign attached or mounted on any vehicle or trailer, whether or not the tires and wheels are still attached, and whether or not any such vehicle has an engine or other internal combustion machine contained within it. cc. "Historic Old Town Temecula" means the area within the City of Temecula that is bounded by: Mercedes Street on the east, 1st Street on the south, the channel of Murrieta Creek on the west, and the intersection of Moreno Road and Mercedes Street on the north. dd. "Attach~l temporary sign" means a temporary sign which Ls mortarS, phced, or attached only to the permanent building where the business activity is conducted. ee. "Detached temporary sign" means a temporary sign which is partially atutched to a permanent building, attached to a mnlxvrary structure such as a pole or pipe, or any combination of the above. Detached temporary signs do no~ include portable or vehicle mounted signs. ft. "A-Frame" means a portable advertising device which is commonly in the shape of an "A" , or some variation the~of, is located on the ground, is easily moveable, and is usually two-sided." Section 3. as follows: Section 19.9 is added to Article XIX of Ordinance No. 348 and shall read "Section 19.9. TEMPOILA~Y SIGNS. No person shall erect, place, or install any temporary sign that is in violation of the provisions of this Article. A. Permit Required. A Temporary Sign Permit shall be required prior to the placing, erecting, or installing of any promotional, special event, grand opening, or interim sign. All STAFFRPT\TEMPSIGN.3FC 11 such temporary signs shall comply with the provisions of this ordinance and all other applicable laws and ordinances. An application for a permit shah be made on the forms and in the manner specified by the Director of Planning and shall be accompanied by the required f~es or removal bond set by resolution of the City Council. The following procedure shall govern the application for, and issuance of, all temporary sign permits under this Article: 1. Within ten (.10) working days of receipt of a completed application for a Temporary Sign Permit, the Director of Planning shah either: a. Issue the Temporary Sign knit, if the sign(s) that is the subject of the application conforms in every respect with the requirements of this Article; or b. Deny the Temporary Sign I~rmit ff the sign(s) that is subject of the application fail~ in any way to conform with the requirements of this Article. The Director of Planning shall specify in any denial the section or sections of the Article with which the sign(s) is inconsistent. 2. In addition to the temporary sign standards listed in this section, the Direx:tor of Planning may aUach to any Temporary Sign Permit conditions of approval deemed necessary to ensure the compatibility with the surrounding area and to protect the public health, safety, or weftaxe. B. Prohibitions. AH Temporary Signs not expressly permitted by this Ordinance are prohibited, including but not limited to the following: 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Portable signs, including, but not limited to animals, human beings, A-Frames, T-Frames, and thos~ of a similar nature located in the public right-of-way or on public propony. Portable signs, including, but not limited to animals, human beings, A-Frames, T-Frames, and those of a similar nature located on private property. Vehicle mourned signs. Pennants and streamers. Promotional signs, except as permitted by this Section. Interim signs, except as pormitted by this Section. Special event signs, except as permitted by this Section. Grand opening signs, except as permitted by this Section. Window signs occupying more than ten percent (10%) of the non-door window area, except as permitted by this Section. Flashing or rotating temporary signs. Off-site temporary signs. Temporary roof signs. Temporary signs on public propony or in the public right-of-way, except as permitted under Section 19.9.E of this Ordinance. Temporary signs in Historic Old Town Temecula, except as permitted under Section 19.10 of this Ordinance. STAFFRPT%TEN~S~GN.3PC C. Promotional Signs. Promotional signs are permitted in the C-1, C-P, C-P-S, C-T, and M-SC zones and shall comply with the appropriate requirements listed below: 1. For each usc or business activity; only one (1) promotional sign may be allowed, except that for a use or business activity with f~ontage on two or more arterial streets, up to two (2) promotional signa may be allowed.. Window signs occupying more than ten percent (10%), and not greater than twonO' five percent (25%) of thc non door window area shall be considcred equivnlcnt to one (1) promotional sign for purposes of this Section. !. In any on~ (1) T~Tnporary Sign Event, attached, detached and window signage may be used in any combination provided th~ following conditions are met: a. That the tw, al sign fa~e area for all promotional signs, including atlached, detachext and window promotional ~iL, n~, does not exce~i ft~y (50) square fee, t; and. b. That the total sign face ar~a for aH detached promotional signs does not exceed thirty two (32) square fw.,t. 2. All promotional signs shaH be located attached to thc building whcre the nsc or activity is on th~ sit~ wh~re th~ use or activity is located. The sfandards for the various t)~e,s of promotional signs ax~ as followa: and shell comply with thc following requiremcnts: ~ The maximum height of the top of any ~ promotional sign shall not exceed the top of the cave line or parapet wall of the building where the use or activity is located. I~. ~ The dimensions shall not exceed any the following: The surface area shah not exceed fifty (50) square feet. The height (vertical dimension) shall not exceed three (3) feet. (3-) (~ The width (horizontal dimension) shall not exceed sixty percent (60%) of the business or store frontage, whichever is smaller. (1) The maximnm height of the top ofany detached pro~notional sign shall not exceed six (6) fret above the ground. STAFFRPT\TEMPSIGN.SPC 13 (3) Detached promotional signs shall be mounted to a frame. The thmc shah bo constructal of attractive permanent materials and shall be constructed so that not additional supports or bracing is requin~l. (4) No detached promotional sign may be permitted, placed, erected or installed if the detached promotional .sign blocks, restricts, or impairs any of the following: ~. c. Promotional signs that arc located on window surfaces shall not exceed twenty five percent (25 %) of the non-door window area, except that no permit shall be required for promotional window signs that cover ten percent (10%) or less of the non-door window surface area. 3. The maximum consecutive duration for prosnotional signs is one t~mporary sign event. Tompontry sign events may not be combined to create longer consecutive time periods for temporary signs. Between each temporary sign event a period of at least 15 days must elapse before any promotional signs can be ereClod, placul or installed., mall not exceed any of the following prescribed time periods: consecutive days); o~, Up to two (2) consecutive Temporary Sign Events, (io. thirty (30) b. A total of four (4) Tcmpentry Sign Events per calendar year. D. Grand Opening. Interim and Special Event Signs. Grand opening, interim, and special event signs are permitted in the C-l, C-P, C-P-S, C-T, and M-SC zones and shall comply with the appropriate requirements listed below: 1. For each use or business activity; up to one (1) sign may be allowed. Except for a use or business activity with frontage on two or more arterial streets, then up to two (2) signs may be allowed. 2. Grand opening signs may be permitted once in the first ninety (90) days of business operation. 3. Interim signs are for interim and emergency purposes and shah contain STAFFRPT%TEMPSIGN .3PC 14 4. Special event signs for special events shall be located close to the activity or event being advertised. 5. Signs for communitywide events and activities, such as the Tractor Races or the Temocula Wine and Balloon Festival, are allowed only on the site of the proposed event and are issued o~y to the organivafion or individuals organizing or promoting the event. 6. All Grand opening, interim and special event signs shall be located attac, hed to the building wh~,,rc the use or activity is on t!~ sit~ where the use or activity Ls located. The standards for these'types of signs am as follows: and shall comply-~ following requirements: a. Attael~d grand opening, interim and special event signs shall comply with th~ following w~l~s: ~ The maximum height of the top of any sign shall not exceed the top of the cave line or parapet wall of the building where the use or activity is located. following requirements: The dimensions of any sign shall not exceed any the The surface area shall not exceed thirty (30) square feet. The height (vertical dimension) shall not exceed three (3) feet. ~ ~;~ The width (horizontal dimension) shall not exceed fifty percent (50%) of the business or store frontage, whichever is smaller. (1) The maximum height of the top of any detached grand opening and special evem signs shall not exceed six (6) feet. (2) The dimensions of any detached grand opening and special event signs .~dl not exceed any the following requiremems: STAFFRPT\TEMPStGN.aPC 15 (5) Dmc, h~ Inomotimml xi~s shah be mounted to a frame, The frame Shall be constructed of aRiserive permanent materials and slmfi be constructed so that not additional supports or bracing is required. (4) No c~ gnmd opening and special event signs nmy be permitted, placed, erected or insrafted if ~ detached grand opening and special event signs blocks, restricts, or impairs any of the following: c. Grand opening, interim and special event signs may be allowed for any period up to forty-five (45) days. The Director of planning may allow one time extension, for any period up to thirty (30) days, with good cause. It is the responsibility for the proponent of the extension to justify why the extension is appropriate. E. Hardship Provision. The Director of Planning may approve a Hardship Situation Temporary Sign Permit in cases of extreme hardship and unusual circumstances relating to the property where the business is located, including off-site construction activities that may disrupt the public's access to the business. Hardship Situation Temporary Signs shall be granted only when, because of special circumstances applicable to the property, the strict application of the Temporary, Sign Ordinance deprives the property of privileges enjoyed by other property in the vicinity and under the identical zoning classification. 1. The proponent.Of a request for a hardship situation temporary sign shall be responsible for clearly demonstrating that an extreme hardship and unusual circumstance exists, and that the extreme hardship and unusual circumstances warrants the appwval of a hardship situation temporary sign, and that strict implementation of the Temporary Sign Ordinance deprives the property of privileges enjoyed by other property in the vicinity and under the identical zoning chssification. 2. The Director of Planning may issue a Temporary Sign Permit for a hardship situation for any period up to six (6) months. Determination of the number, size, and location of temporary signs for hardship situations shall be at the discretion of the DirecWr of Planning. 3. Any hardship temporary sign permit issued shall be conditioned to ensure that said permit does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and in the same zone, to ensure compatibility with the surrounding area and to protect the public health, safety or weftare." STAFFRPTWEMPSIGN.3PC ], 6 Section 4. as follows: Section 19.10 is added to Article XIX of Ordinance No. 348 and shall read "Section 19.10. TEMPORARY SIGNS IN HISTORIC OLD TOWN TEMF_I2ULA. No person shall erect, phce or install any temporary sign in HIstoric Old Town Temecula in violation of the provisions of this Article. A. Permit Required. A Temporary Sign Permit shall be required prior to the placing, erecting, or installing of any promotional, special event, grand opening, or interim sign. All such temporary signs shall COmply with the provisions of this ordinance and all other applicable laws and ordinances. An application for a permit shall be made on the forms and in the manner specified by the Director of Planning andshall be accompanied by the required fees or removal bond set by resolution of the City Council. The following procedure shall govern the application for, and issuance of, all temporary sign permits under this Article: 1. Within ten (10) working days of receipt of a COmpleted application for a Temporary Sign Permit, the Direcwr of planning shall either: a. Issue the Temporary Sign Permit, ff the sign(s) that is the subject of the application conforms in every respect with the requirements of this Article; or b. Deny the Temporary Sign Permitff the sign(s) that is subject of the application fails in any way to conform with the requirements of this Article. The Director of Planning shall specify in any denial the section or sections of the Article with which the sign(s) is inconsistent. 2. In addition to the temporary sign standards listed in this section, the Director of Planning may attach to any Temporary Sign Permit conditions of approval deemed necessary to ensure the compatibility with the surrounding area and to protect the public health, safety, or weftare. Old TOwn Local Review Board. The Director of Planning is hereby authorized to consult with the Old Town Local Review. Board to prepare any supplemental requirements regulating the size, shape, materials, color, or character of temporary signs in Historic Old Town Temecula that the Director deems necessary to maintain the character of Old Town. C. Prohibitions. All Temporary signs not expressly permitted by this Ordinance are prohibited, including but not limited to the following: Portable signs, including, but not limited to animals, human beings, A-Frames, T-Frames, and those of a similar nature located in the public right-of-way or on public property. Portable signs, including, but not limited to animals, human beings, A-Frames, T-Frames, and those of a similar nature located on private property. Vehicle mounted signs. Pennants and streamers. STAFFRPT\TEMPSIGN.3PC 17 6. 7. 8. 9. 10. 11. 12. 13. Promotional signs, except as permitted by this Section. Interim signs, except as permitted by this Section. Special event signs, except as permitted by this Section. Grand opening signs, except as permitted by this Section. Window signs occupying more than ten percent (10%) of the non-door window area or six (6) square feet, whichever is greater. Flashing or .rotating temporary signs. Off-site tempordry signs. Temporary roof signs. Temporary signs on public property or in the public right-of-way. D. Promotional Signs in Historic Old Town Temecula. Promotional signs in Historic Old Town Temecuh are permitted in the C-1, C-P, C-P-S, and M-SC zones and shall comply with the requirements listed below: 1. In a~y.~a~e (1) Temporary Sign Emit, attached and window signs may be used in any c~nbination provided fi~at the ~ sign face area for all promotioral signs, including attached.and window promotional signs, do~s not exceed twelve (12) square feet. For each uso or busino~ activity; up Wonc (1) atmchod pwmotional sign may bC allowcd. 2. Promotional signs in Historic Old Town Temecula shall be attached to the building where the use or business activity is located and shall comply with the following requirements: a. The maximum height of the top of any temporary sign shall not exceed the top of the eave line or parapet wall of the building where the use or activity is located. No pwmotional sign shall be erected or phced so as to interfere with normal pedestrian and vehicular traffic. b. The surface area shall not exceed twelve (12) square feet. c. Promotional signs shall be made of non-glossy material with a fabric or cloth-like appearance and shall use dull, non-primary, non-fluorescent, and non- iridescent colors. 3. The Inaxinnnn consecutive duration for any pro~notional sign. ibr any husincss use or activity is one temporary sign event. Temporary sign events may not be combined to create longer consecutive time periods for temporary signs. Between each temporary sign event a pe~od of at I~as{ 15 days mug ehpso before any pro'raotional signs can be gnr_Aed, pla~ed or installed., shall not excx,'cd any of the following prescribed time periods: consecutive days); or, Up to two (2) consecutive Temporary Sign th~onts, (io. thirty (30) b. A total of four (4) Temporary Sign Events per calendar year. STAFFRPT%TEI~SIGN.3/~C 18 E. Grand Opening. Interim and Special Event Signs in Historic Old Town Temecula. Grand opening, interim, and special event signs in Historic Old Town Temecula are permitted in the C-l, C-P, C-P-S, and M-SC zones and shall comply with the requirements listed below: 1. For each use or business activity; up to one (l) grand opening or interim sign may be allowed. 2. Grand opening signs are permitted once in the fncst ninety (90) days of business operation. 3. Interim signs are for interim and emergency purposes and shall contain only the business name and logo. 4. Special event signs for special events shall be located close to the activity or event being advertised. 5. Signs for communitywide events and activities, such as the Tractor Races or' the Temecula Wine and Ballcon Festival, are allowed only on the site of the proposed event and are issued only to the organization or individuals organizing or promoting the event. 6. Grand opening, interim and special event signs in Historic Old Town Temecula shall be attached to the building where the use or activity is located and shall comply with the following requirements: a. The maximum height of the top of any sign shall not exceed the top of the cave line or parapet wall of the building where the use or activity is located. b. The.dimensions of any grand opening, interim or special event signs shall not exceed a surface area of twelve (12) square feet. c. Shall be made of non-glossy material with a fabric or cloth-like appearance and shall use dull, non-primary, non-fluorescent, and non-iridescent colors. d. Grand opening, interim and special event Signs may be allowed for any period up to forty-five (45) days. The Director of Planning may allow one time extension, for any period up to thirty (30) days, with good cause. It is the responsibility of the proponent of the extension to justify why the extension is appropriate. F. Hardship Provision. The Director of Planning may approve a Hardship Situation Temporary Sign Permit in Historic Old Town Temecula in eases of extreme hardship and unusual circumstances relating to the property where the business is located, including off-site construction activities that may disrupt the public's access to the business. Hardship Situation Temporary Signs shall be granted only when, because of special circumstances applicable to the property, the strict application of the Temporary Sign Ordinance deprives the property of privileges enjoyed by other property in the vicinity and under the identical zoning classification. 1. The proponent of a request for a hardship situation temporary sign shall STAFFRPT\TEMPSiGN.3PC 19 be responsible for clearly demonstrating that an extreme hardship and unusual circumstance exists, and that the extreme hardship and unusual circumstances warrants the approval of a hardship situation temporary sign, and that strict implementation of the Temporary Sign Ordinance deprives the property of privileges enjoyed by other property in the vicinity and under the identical zoning classification. 2. The Director of Planning may issue a Temporary Sign Permit for a hardship situation for any period up to six (6) months. Determination of the number, size, and location of temporary signs for hardship situations shall be at the discretion of the Direaor of Planning. 3. Any hardship temporary sign permit issued shall be conditioned to ensure that said permit does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and in the same zone, to ensure compatibility with the surrounding area and the Old Town Specific Plan, and to protect the public health, safety or weftare." Section 5. Grandfather Clause Those temporary signs established prior to the Effective Date of this ordinance, with the exception of those temporary signs described in Section 19.9(B)(1), (3) and (13), and Section 19.10(C)(1), (3) and (13), are hereby grandfathered and permitted through ~ Aped !3, 1993. After said date, no temporary signs may be established unless otherwise permitted under this Ordinance. Section 6. Violations It shah be unlawful for any person to violate any provision of this ordinance. Any person violating :any provision of this ordinance shall be deemed guilty of an infraction or misdemeanor as bereinafter specified. Such person shah be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued, or permitted. Any person so convicted shah be, (1) guilty of an infraction offense and punished by a fme not exceeding One Hundred Dollan ($100.00) for a first violation; and (2) guilty of an infraction offense and punished by a free not exceeding Two Hundred Dollars ($200.00) for a second infraction. A third and any additional violation shah constitute a misdemeanor offense and shall be punishable by a free not to exceed One Thousand Dollars ($1,000.00) or six (6) months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty heroin shah not relieve a person from the responsibility for correcting any violation. Section 7. Severability The City Council hereby declares that the provisions of this Ordinance are severable and ff for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this ordinance to be invalid, such decision shah not affect the validity of the remaining parts of this ordinance. Section 8. CF_X)A Compliance The City Council finds that the regulation of temporary signs in existing commercial, industrial, and retail zones has no possibility of having a significant impact on the environment. As aresult, the adoption of these regnlations is exempt from environmental review pursuant to the provisions of Section 15061(b)(3) of the State CI~QA STAFFRPT~TEMPSIGN.3PC 20 Guidelines prepared pursuant to Section 21083 of the California Environmental Quality Act, as amended. Section 9. Effective Date This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three .designated posting places. PASSED, APPROVED, AND ADOPTED, this day of . , 1993. J. sat, MU OZ MAYOR ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMF_,CULA ) I, June S. Greek, City Clerk of the City of Temecula, I-]:F~FCRY DO CERTIFY that the foregoing Ordinance N0.93- was duly introduced and placed upon its fast reading at a regular meeting of the City Council of the City of Temecula on the __ day of , 1993, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the __ day of ,1993, by the following roll call vote: CO~CILMEMBERS: NOF~: CO~CILIVII~,~BERS: CO~CIZJVlEMBERS: June S. Greek, City Clerk STAFFRPT\TEMPSIGN.3PC 2 1 A'I'rACHMENT NO. 3 ORDINANCE NO. STAFFRPT\TEMPSIGN.3pC 22 AT'fA~ NO. 3 ORDINANCE NO. AN ORDINANCE OF ~ CITY COUNCIL FOR ~ CITY OF TEMECULA AMI~.NDING FORTIONS OF ORDINANCE NO. 348 AND 16 PERTAINING TO THF. REGULATION OF TEMPORARY SIGNS. The City Council of the City of Temecula does hereby ordain as follows: Section 1. ~ The City Council of the City of Temecula hereby makes the following findings: A. That the City Council is authorized by Section 65850(b) of State Planning and Zoning Law, to adopt ordinances regulating signs and billboards; B. That there is a need to improve the competitiveness of service and commercial businesses and maintain the aesthetic quality Of all areas in the City; C. That there is a need to provide specific and historically appropriate temporary signage in the Old Town area; D. That regnlating temporary signage is an effective method to improve the aesthetic quality of all areas in the City; E. That the overuse of temporary signs results in visual clutter, the deterioration of the City's commercial and service districts, and the inefficient use of business advertising resources. F. That the City is proceeding in a timely fashion with the preparation of the general plan and that: 4. There is a reasonable probability that this Ordinance will be consistent with the general plan proposal now being considered and studied. 5. There is little or no probability of substantial detriment to or interference with the future general plan ff this Ordinance is ultimately inconsistent with the plan. 3. There is little or no probability of substantial detriment to or interference with the future Old Town Specific Plan ff this' Ordinance is ultimately inconsistent with the.plan. 4. That this Ordinance complies with all the applicable requirements of State law and local ordinances. G. That pursuant to City Ordinance 90-04, the City Council adopted by reference Riverside County Ordinance No. 348, which the Council has subsequently amended through various City Ordinances; and, STAFFRPT%TEMP~IGN.3pC 23 H. The City Council adopted City Ordinance 92-16, amending Ordinance No. 348, on October 27, 1992. I. That there is a need to amend Ordinance 92-16 to improve the compe~tiveness of service and contmercial businesses in the City; Section 2. P'wagmph z of Section 19.2 of Article XIX of Ordinance No. 348 is hereby amended to read as follows: "z. "Temporary Sign Event" means any number of consecutive days, up to forty five (45), for the display of any promotional sign." Section 3. Paragraph aa of Section 19.2 of Article XIX of Ordinance No. 348 is hereby amended to read as follows: "aa. "Portable Sign" means a'sign not designed to be attached to a building or strumre, vehicle or trailer. Examples of portable signs include, but are not limited to: A-Frames, also known as sandwich boards, and T-Frames, also known as Spring-loaded signs." Section 4. read as follows: Section 19.2 of Article XIX of Ordinance No. 348 is hereby amended to "dd. "Attached temporary sign" means a temporary sign which is mounted, placed, or attached only to the permanent building where the business activity is conducted. ee. "Detached temporary sign" means a temporary sign which is partially attached to a permanent building, attached to a temporary structure such as a pole or pipe, or any combination of the above. Detached temporary signs do not include portable or vehicle mounted signS. ft. "A-Frame" means a portable advertising device which is commonly in the shape of an "A" , or some variation thereof, is located on the ground, is easily moveable, and is usually two-sided." Section 5. Subsection C of Section 19.9 of Article XIX of Ordinance No. 348 is hereby amended to read as follows: "C. Promotional Signs. Promotional signs are permitted in the C-l, C-P, C-P-S, C-T, and M-SC zones and shall comply with the appropriate requirements listed below: 1. In any one (1) Temporary Sign Event, attached, detached and window signage may be used in any combination provided that the following conditions am met: a. That the total sign face area for aid pwmotional signs, including attached, detached and window promotional signs, does not exceed fifty (50) square feet; and, STAFFRPT%TEMPSIGN.aPC 24 b. That the total sign face area for all detached promotional signs does not exceed thirty two (32) square feet. 2. All promotional signs shall be located on the site where the use or activity is locamd. The standards for the various types of promotional signs are as follows: a. Attached promotional signs shall comply with the following requirements: ( 1 ) The maximum height of the top of any attached promotional sign shall not exceed the top of the cave line or parapet wall of the building where the use or activity is located. feet. (3) feet. (2) The dimensions shall not exceed any the following: (a) The surface area shall not exceed fifty (50) square (b) The height (vertical dimension) shall not exceed three (c) The width (horizontal dimension) shall not exceed sixty percent (60%) of the business or store frontage, whichever is smaller. requirements: Detached promotional signs shall comply with the following ( 1 ) The maximum height of the top of any detached promotional sign shall not exceed six (6) feet above the ground. (2) The surface area shall not exceed thirty two (32) square feet. (3) Detached promotional signs shall be mounted to a frame. The frame shall be constructed of attractive permanent materials and shall be constructed so that not additional supports or bracing is required. (4) No detached promotional sign may be permitted, placed, erected or installed if the detached promotional sign blocks, restricts, or impairs any of the following: (a) The public's view of another business or activity; (b) The public' s view of the signage for another business (c) The view or visibility of the operator of any motor 25 (d) The movement of any pedestrian or motor vehicle. c. Promotional signs that are located on window surfaces shall not exceed twenty five percent (25 ~) of the non-door window area, except that no permit shall be required for promotional window signs that cover ten percent (10%) or less of the non-door window surface area. 3. The maximum consecutive duration for promotional signs is one temporary sign event: Temporary sign events may not be combined to create longer consecutive. time periods for temporary signs. Between each temporary sign event a period of at least 15 days must elapse before any promotional signs can be erected, placed or installed." Section 6. Subsection D of Section 19.9 of Article XEK of Ordinance No. 348 is hereby mended to read as follows: "D. Grand Opening. Interim and Spoclal Event Signs. Grand opening, interim, and special event signs are permitted in the C-l, C-P, C-P-S, C-T, and M-SC zones and shall comply with the appropriate requirements listed below: 1. For each use or business activity; up to one (1) sign may be allowed. Except for a use or business activity with frontage on two or more arterial streets, then up to two (2) signs may be allowed. 2. Grand opening signs may be permitted once in the fast ninety (90) days of business operation. 3. Interim signs are for interim and emergency purposes and shall contain only the business name and logo.. Interim signs must be attached to the building. 4. Special event signs for special events shah be located close to the activity or event being advertised. 5. Signs for communitywide events and activities, such as the Tractor Races or the Temecula Wine and Balloon Festival, are allowed only on the site of the proposed event and are issued only to the organiTation or individuals organizing or promoting the event. 6. All Grand opening, interim and special event signs shall be located on the site where the use or activity is located. The standards for these types of signs are as follows: a. Attached grand opening, interim and special event signs shall comply with the following requirements: (1) The maximum height of the top of any sign shall not exceed the top of the cave line or parapet wall of the building where the use or activity is located. (2) The dimensions of any sign shall not exceed any the following requirements: STAFFRPT'~TEMPSIGN.3PC 26 (a) The surface area shall not exceed thirty (30) square feet. The height (vertical dimension) shall not exceed three (3) feet. (c) The width (horizontal dimension) shall not exceed fifty percent (50%) of the business or store frontage, whichever is smaller. b. Detached grand opening and special event signs shall comply with the following requirements: (1) The maximum height of the top of any detached grand opening and special event signs shall not exceed six (6) feet. (2) The dimensions of any detached grand opening and special event signs shall not exceed any the following requirements: (a) The surface area shall not exceed thirty (30) square feet. The height (vertical dimension) shall not exceed three (3) feet. (c) The width (horizontal dimension) shall not exceed ten (10) feet. (3) Detached promotional signs shall be mounted to a frame. The frame shall be constructed of attractive permanent materials and shall be constructed so that not additional supports or bracing is required. (4) No detached grand opening and special event signs may be permiUed, placed, erected or installed ff the detached grand opening and special event signs blocks, restricts, or impairs any of the following: (a) The public's view of another business or activity; The public' s view of the signage for another business or activity; (c) The view or visibility of the operator of any motor vehicle; or, (d) The movement of any pedestrian or motor vehicle. STAFFRP'F, TEMPSIGN.3PC 27 c. Grand opening, interim and special event signs may be allowed for any period up to forty-five (45) days. The Director of Planning may allow one time extension, for any period up to thixty (30) days, with good cause. It is the responsibility for the proponent of the extension to justify why the extension is appropriate." Section 7. Subsection D of Section 19.10 of Article XIX of Ordinance No. 348 is hereby amended to read as follows: "D. Promotional Si~ms in Historic Old Town Temecula: Promotional signs in Historic Old Town Temecula are permitted in the C-l, C-P, C-la-S, and M-SC zones and shall comply with the requirements listed below: 1. In any one (1) Temporary Sign Event, attached and window signage may be used in any combination provided that the total sign face area for all promotional signs, including attached and window promotional signs, does not exceed twelve (12) square feet. 2. Promotional signs in Historic Old Town Temecula shall be attached to the building where the use or business activity is located and shall comply with the foliowing requirements: · a. The maximum height of the top of any temporary sign shall not exceed the top of the cave line or parapet wall of the building where the use or activity is located. No promotional sign shall be erected or placed so as to inte~ere with normal pedestrian and vehicular traffic. b. The surface area shall not exceed twelve (12) square feet. c. Promotional signs shall be made of non-glossy material with a fabric or cloth-like appearance and shall use dull, non-primary, non-fluorescent, and non- iridescent colors. 3. The maximum consecutive duration for any promotional sign, for any business use or activity is one temporary sign event. Tempora~y sign events may not be combined to create longer consecutive time periods for temporary signs. Between each temporary sign event a period of at least 15 days must elapse before any promotional signs can be erected, placed or installed. Section 8. Grandfather Clause Those temporary signs established prior to the Effective Date of this ordinance, with the exception of those temporary signs described in Section 19.9(B)(1), (3) and (13), and Section 1'9.10(C)(I), (3) and (13), are hereby grandfathered and permitted through October 12, 1993. After said date, no temporary signs may be established unless otherwise permitted under this Ordinance. Section 9. CEOA Compliance The City Council fmds that the regulation of temporary signs in existing commercial, industrial, and retail zones has no possibility of having a significant impact on the environment. As a result, the adoption of these regulations is exempt from environmental review pursuant to the provisions of Section 15061 (b)(3) of the State CEQA STAFFRPT\TEMPSIGN.apC 28 Guidelines prepared pursuant to Section 21083 of the California Environmental Quality Act, as amended. Section 10. Effective Date This Ordinance shall be in full force and effect thirty (30) clays after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. PASSED, APEROVED, AND ADOPTI~B, this day __ day of ~, 1993. J. SAL MUi~OZ MAYOR ATFEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance No.93- was duly introduced and placed upon its first reading at a regular meeting of the City Councilof the City of TemecUla on the day of __, 1993, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the day of ,1993, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk STAFFRP"~TEMPSIGN.3~C 29 ITEM #5 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Gary Thornhill, Director of Planning March 1, 1993 Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 3; Linfield School Prepared by: Saied Naaseh, Associate Planner RECOMMENDATION: RECOMMEND Adoption of Negative Declaration for Development Agreement No. 92-1, Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 3; and ADOPT Resolution No. 93- recommending Approval for Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 3 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval and subject to the City Council action on changing the land use designation of Parcel No. 2 from Public Institutional to High Density Residential prior to adoption of the General Plan. BACKGROUND This project was reviewed and continued off calendar by Planning Commission on August 17, 1992. Staff was directed to work with the applicant on a number of issues raised by the Commission. These issues included changes to the Development Agreement language, existing trees on site, the golf course, noise and light impacts from the Linfield School Stadium, access and traffic, future plans for the Linfield School site and grading. Staff and the applicant have been working together to address all the issues and concerns raised by the Planning Commission. The following table includes these issues and explains how they have been addressed: issue Development Agreement Specimen Trees Description of the Issue Density 20 dwelling units per acre or 240 units. Needs to be consistent. Page 3, Environmental Findings 1, 2 and 3 are conflicting (refer to the August 17, 1992 Staff Report, Attachment No. 6). Senior Center size and dollar amount to be spend needs to be specified. Senior Center and golf course completion needs to be up front. Page 12,#9 - the General Plan Land Use Designation "will likely be high density" which was unknown at the time the project was heard by the Planning Commission (refer to the August 17, 1992 Staff Report, Attachment No. 6). Specify building heights and sizes. Page 10,#6 - SPecify that changes shall not include elimination or a reduction in size of the Senior Center, elimination of the nine (9) hole golf course and increase in the number of dwelling units or density (refer to the August 17, 1992 Staff Report, Attachment No. 6). Show all existing trees on the landscape plans and identify a replacement ratio if the trees have to be removed to accommodate development Proposed Solution to :Resolve me Issue Text has been modified to include up to 20 dwelli units per acre with a target density of 10 dwelling units per acre. Refer to page 13, Section 16.1 ,a. No change has been proposed. Findings No. I and 2 refer to this approval. Finding No. 3 refers to future approvals. Text has been modified on page 13, Section 16.1 .c and Exhibit G of the Development Agreement has been modified to require a minimum of 3,500 square feet for the Senior Center. The dollar amount has not been specified consistent with the Community Services Department policy. No change has been proposed (refer to Exhibit C of the Development Agreement). The General Plan Land Use Designation recommended by Pinning Commission to City Council is Public Institutional for the entire project site. Staff has amended the recommendation for this project to include a Commission recommendation to the City Council for an amendment to the land use designation of Parcel No. 2 of Tentative Parcel Map No. 27314 to high density residential. The rest of the parcels and the propos~ uses of Senior Center, congregate facility and nursing and personal care facility will be consistent with the Public Institutional land use designation. No change has been proposed to the text, since the Zoning Districts will specify the building heights for the project. Building sizes will be dictated by the future development proposals. The text has been modified to eliminate modifications to the Development Agreement. Since the site plans and the landscape plans are conceptual, the existing trees have not been identified on the plans. However, Condition No. 17 .A.3.h. has been added that requires future development applications (plot pians,'conditional use permits, etc.) to show the existing trees on the landscape plans and if their removal is necessary replacement will be on a 5:1 ratio. Issue C Course Age Restrictions Access/ Traffic Relocation of Structures and Features Description of the Issue Specify whether it is a private golf course intended for the use of the project residents or is it intended to be a private golf course to be used by the public. Does the fact that this is a pdvate golf course and ~t will be used only by the project residents change the Quimby fee requirements? Will parking be provided for the golf course? Structures within the golf course need to be identified on the site plan. Need to define when the golf course is considered complete. No Quimby fees or equivalent are paid until 59 units, congregate, personal and nursing facilities have been built. Impacts of the stadium need to be evaluated (i.e. noise and light), The age restriction needs to be clarified in terms of the qualifier. Need reciprocal access easements for Parcels 2, 3 and 4 until they are built to provide access to the school site. Need to place more restrictions on the access points shown on the map (i.e. right turn only). Are there any plans that indicate where the gym and the ball fields will be moved to? The lake is being split by a parcel line. What is going to happen to it? Proposed Solution to Resolve the Issue The golf course is intended to be private and be used by residents of the project (refer to Page No. 13 Section 16.1.1~. of the Development Agreement). No. Either way the golf course will satisfy a portion of the Quimby requirements. No. The conceptual site plan does not provide parking for the golf course, since it is intended for private use only, Since the site plan is conceptual, the number and location of the structures are not known. The future development applications will include the details of the development (including these structures). The Development Agreement text has been modified to define the completion of the golf course as construction and completion of all structures, six months growth of the grass and certification of the course by a licensed landscape architect (refer to Exhibit C of the Development Agreement), No change is proposed since there is no nexus between' the congregate care, personal care and nursing facility and the Quimby fees. A noise study and light impact analysis will be conducted prior to approval of a plot plan for the multi-family senior complex to mitigate the impacts to insignificant levels (refer to Conditions 9 .A. and 9.B.). The deed restriction (Exhibit F of the Development Agreement Section 1 ) is consistent with state law. Condition No. 86.E.2. has been added to resolve this concern. The Traffic Study recommends full movements for these access points. Furthermore, Ordinance 460 allows full movement for access aisles if they are more than 330 feet apart. No change has been proposed. These facilities will be moved to the existing school site in the future, which will require flirther City approvals (refer to the conceptual school site plan). The parcel map has been conditioned to construct a dike within the remainder parcel, which will keep the lake on the remainder parcel (refer to Condition No. 52). R:\Sx, STAFFRPTx,27314.PC 2/24/93 klb 3 Issue Grading Description of the Issue A grading plan needs to be prepared in order to identify the impacts to the project. A condition needs to be added to restrict mass grading prior to a plot plan approval. Parcel No. 1 contains 25% slopes. How useable is this parcel? :Proposed Solution to :Resolve the Issue A conceptual grading plan has been prepared and included in the packet for Planning Commission's review. Condition Nos. 48 and 49 have been added that require submittal and approval of a mass grading plan. Furthermore, a grading permit will not be issued fo( an individual parcel until a plot plan is approved for this parcel. A conceptual grading plan has been prepared which shows the parcel may be developed as a senior center. However, refinement will be necessary at the plot plan stage. ANALYSIS Conceptual Site Plan and DesiGn Issues It is staff's opinion that all of Planning Commission's concerns have been addressed as outlined in the Background Section. The proposed conceptual site plan illustrates how the site may be developed. The ultimate site plan for development of this project may have a different layout. The conceptual site plan has a number of design deficiencies, such as improper circulation for the multi-family complex and inadequate fire truck turn around for the Senior Center site. However, each component of this project will receive additional reviews by the City and specific site design issues will be dealt with at that stage. Staff has met with Commissioners Fahey and Hoagland to discuss the conceptual site plan. They both expressed concerns regarding the Conceptual Site Plan and raised specific on site design issues (i.e. circulation, noise, location of the Senior Center, drainage, etc.). Concurs with these concerns and have conditioned the project to address them with future development proposals. Draft General Plan Issues The Draft General Plan has already been reviewed and recommended by Planning Commission to the City Council with a Public Institutional land use designation for the project site. The proposed uses such as the congregate care, skilled nursing and personal care and the Senior Center are all consistent with this designation. However, the age restricted, multi-family project (Parcel No. 2 of Tentative Parcel Map No.27314, Amendment No. 3) will need to be designated High Density Residential on the General Plan. Therefore, if the Planning Commission determines that this project should be recommended to the City Council for approval, the land use designation of Parcel No. 2 will need to be changed by the City Council to High Density Residential. Since the Planning Commission already recommended to the City Council approval of the land use element, with a designation of Public Institutional for Parcel No. 2, it is now necessary that the Planning Commission recommend concurrently with this project that the City Council revise the land use element to High Density Residential. In addition, the City Council will have to take an action on the land use component of the General Plan prior to approving this project. It should be noted that the City Council does not need to wait until formal adoption of the General Plan to take action on this project. However, in the event that the City Council adopts the land use element of the General Plan prior to consideration of this project, an application for a General Plan Amendment will have to be filed prior to any final action on this project. Project Density Issues for Parcel No. 2 The project density for the age restricted multi-family is up to 20 dwelling units per net acre with a target density of 10 dwelling units per net acre. The gross acreage for this parcel is 38 which could result in 760 dwelling units at 20 DU/AC. However, the most likely number of units for a project of this type would be approximately 380 dwelling units, or a target density of 10 DU/AC. The Traffic Study mitigation measures are based on 240 dwelling units. If the future proposals for Parcel No. 2 exceed 240 dwelling units, the Traffic Study will need to be updated or new studies will be required (refer to Condition No. 54). ZONING, DRAFT GENERAL PLAN AND SWAP CONSISTENCY The proposed project includes a change of zone from R-R to R-3. This change will allow the development of the project site as a senior housing complex as dictated within the Development Agreement. Staff is supportive of this change of zone, since it will result in a desirable senior housing project consistent with the surrounding land uses. Project approval by the Planning' Commission is subject to City Council approval of a High Density Residential designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment No. 3. Once this occurs~ the project would be consistent with the Draft General Plan. The Draft General Plan land use map currently shows the project site as Public Institutional since it is now one parcel which contains the Linfield School. The SWAP designation for the project site is Residential; minimum one acre lot size. The City of Temecula is supportive of the approval of this project since it will result in a desirable senior housing project consistent the surrounding land uses. ENVIRONMENTAL DETERMINATION An Initial Study was prepared for this project and with the adoption of mitigation measures which have been included in the Conditions of Approval, all the anticipated impacts have been reduced to a level of insignificance. Therefore, a Negative Declaration has been prepared and recommended for adoption. FINDINGS Develooment Aareement No. 92-1 1. The City is proceeding in a timely fashion with the preparation of its General Plan.' There is a reasonable probability that the project will be consistent with the general plan proposal presently being considered subject to the City Council approving a High- Density Residential Designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment No. 3, since the project will be compatible with surrounding uses and will carry out the policies intended for the General Plan. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the project is ultimately inconsistent with the plan, since this project will not have a negative impact on the surrounding uses. The project complies with all other applicable requirements of state law and local ordinances. The environmental impacts of the agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City approvals for the project. No other mitigation measures for environmental impacts created by the project, as presently approved, shall be required for development of the project unless mandated by laws. The City may, pursuant to and in accordance with its rules, regulations, and ordinances, conduct an environmental review of subsequent discretionary entitlements for the development of the property or any changes, amendments, or modifications to the property. The City, as a result of such review, may impose additional measures (or conditions) on studies to mitigate, as permitted by law, the adverse environmental impacts of such development entitlement which were not considered or mitigated at the time of approval of the project. Chanqe of Zone No. 21 There is a reasonable probability that Change of Zone No. 21 will be consistent with the City's future General Plan subject to the City Council approving a High-Density Residential Designation for Parcel No. 2 of Tentative Parcel Map .No. 27314, Amendment No. 3, which will be completed in a reasonable time and in accordance with State Law, due to the fact that the future development of the site will be controlled by a Development Agreement which is consistent with City's policies for the new General Plan. There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 21 is ultimately inconsistent with the plan, due to fact that the development of the site will be controlled by a Development Agreement which is consistent with the City's policies for the future General Plan. The project is compatible with surrounding land uses ~ince this project will not have negative impacts on the existing school sites to the east and west end the existing and proposed single-family dwellings to the north and south. The proposai will not have an adverse effect on the environment, since mitigation measures have been incorporated into the project design to reduce the impacts to a level of insignificance. Tentative Parcel MaD No. 27314, Amendment NO. 3 There is a reasonable probability that Tentative Parcel Map No. 27314, Amendment No. 3 will be consistent with the City's future General Plan subject to City Council approving a High-Density Residential Designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment No. 3, which will be completed in a reasonable time and in accordance with State law. The project, as conditioned, conforms with existing applicable city zoning ordinances and development standards. There is not a likely probability of substantial detriment to, or interference with the City's future General Plan, if the proposed use is ultimately inconsistent with the Plan, since the future development of the site will be controlled by a Development Agreement which is consistent with the City's policies for the new General Plan. The proposed use or action as conditioned complies with State planning and zoning laws. Reference local Ordinances No. 348,460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). The project as designed and conditioned will not adversely affect the public health or welfare. The project is compatible with surrounding land uses since the proposal will not have a negative impact on the existing school sites to the east and west and the existing and proposed single-family dwellings to the north and south. The project has acceptable access to dedicated rights-of-way which are open to, and useable by, vehicular traffic. The project draws access from Pauba Road and Rancho Vista Road, improved dedicated City rights-of-way. project access, as designed and conditioned, conforms with applicable City Engineering standards and ordinances. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Environmental Analysis for this project. Said findings are supported by minutes, maps, exhibits and environmental documents associated with this application and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. Attachments: 5. 6. 7. Resolution No. 93- - Blue Page 9 Conditions of Approval - Blue Page 15 E~hibits - Blue Page 32 A. Site Plan B. Tentative Parcel Map Initial Environmental Study - Blue Page 33 Development Agreement - Blue Page 34 Planning Commission Minutes, August' 17, 1992 - Blue Page 35 Planning Commission Staff Report, August 17, 1992 - Blue Page 36 ATTACHMENT NO. 1 PC RESOLUTION NO. 93- R:~S\STAFF~314.1~C 2/24/93 Idb 9 PC RESOLUTION NO. A RESOLUTION OF ~ PLANNING COMMISSION OF ~ CITY OF TEMECUIA RECOMMENDING APPROVAL OF DEVELOPM'F~NT AGI~EEIVIF_aNT NO. 92-1, CHANGE OF ZONE NO. 21 TO CHANGE THE~ ZONING FROM R-R TO R-3, AND TENTATIVE PARCEL MAP NO. 27314, AMENDMI~.NT NO. 3 TO SUBDIVIDE A 95.9 ACRE PARCEL INTO FOUR (4) PARCel-~ AND A REMAINDER PARCEL SUBJECT TO ~ CITY COUNCIL ACTION ON CHANGING TBY~ LAND USE DESIGNATION OF PARCEL NO. 2 OF TENTATIVE PARCEL MAP NO. 27314, AMENDME. NT NO. 3 FROM PUBLIC INSTITUTIONAL TO ~HIGH-DENS1TY RESIDENTIAL LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO VISTA ROAD AND EAST OF ~ TEMECULA VAIJ.EY HIGH SCHOOL. WI~REAS, The Linfield School filed Development Agreement No. 92-i, Change of Zone No. 21 and Parcel Map No. 27314, Amendment No. 3 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WttFREAS, said applications were processed in the time and manner prescribed by State and local law; WttF. REAS, the Planning Commission considered said applications on March 1, 1993, at which time interested persons had an opportunity to testify either in support or opposition; WttF..REAS, at the conclusion of the Commission hearing, the Commission recommended approval of said applications; NOW, TIrE~R.EFORE, TIEW. PLANNING COMMISSION OF ~ CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula Planning Commission hereby makes the foliowing fmdmgs: A. Pursuant to Government Cede Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, ff all of the foliowing requirements are met: general plan. The city is proceeding in a timely fashion with the preparation of the 10 2. The planning agency finds, in appwving pwjects and taking other actions, including the issuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. : b. There is litfie or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. : c. The proposed use or action complied with all other applicable requirements of state hw and local ordinances. B. The Riverside County General Plan, as mended by the Southwest Axea Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the are~ now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending appwval of said applications makes the foilowing findings, to wit: Development Agreement No. 92-1 General Plan. The City is proceeding in a timely fashion with the preparation of its 2. There is a reasonable probability that the project will be consistent with the general plan pwposal presen~y being considered subject to the City Council approving a High-Density Residential designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment No. 3, since the project will be compatible with surrounding uses and will carry out the policies intended for the General Plan. 3. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the pwject is ultimately inconsistent with the plan, since this pwject will not have a negative impact on the surrounding uses. 4. The project complies with all other applicable requirements of state law and local ordinances. 5. The environmental impacts of the agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City approvals for the project. R:XS~STAFFRP~27314.PC 2124193 klb 1 ] 6. No other mitigation measures for environmental impacts created by the project, as presently approved shall be required for development of the project unless mandated by laws. 7. The City may, pursuant to and in accordance with its rules, regulations, and ordinances, conduct an environmental review of subsequent discretionary entitlements for the development of the property or any changes, amendments, or modifications to the property. The City, as a result of such review, may impose additional measures (or conditions) on studies to mifigat~ as' permitted by hw the adverse environmental impacts of such development entitlement which were not cOnsidered or mitigated at the time of approval of the project. Change of Zone No. 21 1. There is a reasonable probability that Change of Zone No. 21 will be consistent with the City's future General Plan subject to City Council approving a High-Density Residential designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment No. 3, which will be completed in a reasonable time and in accordance with State Law, due to the fact that the future development of the site wffi be controlled by a Development Agreement which is consistent with City's policies for the new General Plan. 2. There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 21 is ultimately inconsistent with the plan, due to fact that the development of the site will be controlled by a Development Agreement which is consistent with the City' s policies for the future General Plan. 3. The project is compatible with surrounding land uses since this project will not have negative impacts on the existing school sites to the east and west and the existing and proposed single-family dwellings to the north and south. 4. The proposal wffi not have an adverse effect on the environment, since mitigation measures have been incorporated into the project design to reduce the impacts to a level of insignificance: Tentative Parcel Map No. 27314. Amendment No. 3 1. There is a reasonable probability that Tentative Parcel Map No. 27314, Amendment No. 3 will be consistent with the City's future General Plan subject to City Council approving a High-Density Residential designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment No. 3, which will be completed in a reasonable time and in accordance with State law. The project, as conditioned, conforms with existing applicable city zoning ordinances and development standards. 2. There is not a likely probability of substantial detriment to, or interference with the City' s future General Plan, ff the proposed use is ultimately inconsistent with the Plan, since the future development of the site will be controlled by a Development Agreement which is consistent with the City's policies for the new. General Plan. R:\S~STAIqqLq'X27314.PC 2/24/93 Idb 12 3. The proposed use or action as conditioned complies with State planning and zoning laws. Reference local Ordinances NO. 348,460; and California Governmental Code Sections 65000-66009 fPhnning and Zoning Law). health or welfare. The project as designed and conditioned will not adversely affect the public 5. The project is compatible with surrounding land uses s'mce the proposal will not have a negative impact on the existing school situs to the east and west and the existing and proposed single-family dwellings to the north and south. 6. The project has acceptable access to dedicated rights-of-way which are open W, and useable by, vehicular traffic. The project draws access from Pauba Road and Rancho Vista Road, impwved dedicated City rights-of-way. Project access, as designed and conditioned, conforms with applicable City Engineering standards and ordinauces. 7. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Environmental Analysis for this project. 8. Said fmdings are suppormd by minutus, maps, exhibits and environmental documents assochted with this application and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, 'Environmental Assessment, and Conditions of Approval. F. As conditioned pursuant to Section 3, the Parcel Map proposed is compatible with the health, safety and weftare of the community. Section 2. Environmental Compliance. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment with the incorporation of the mitigation measures into the pwject design, and a Negative Declaration, is hereby granted. Section 3. Conditions. That the City of Temecula Planning Commission hereby recommends appwval of Development Agreement 92-1, Change of Zone No. 21, and Tentative Parcel Map No. 27314, Amendment No. 3 located at north of Pauba Road, south of Rancho Vista Road and east of the Temecuh Valley High School subject to City Council approval of a High-Density Residential designation for Parcel Map No. 27314, Amendment No. 3 and subject to the foilowing conditions: A. Attachment No. 3, attached hereW. PASSED, APPROVED AND ADOPTED this 1st day of March, 1993. LINDA FAHEY CHAIRMAN R:'~\STAFFRPT~27114.PC 2/2~Y~ [db 13 I B~,R!~,Ry CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 1 st day of March, 1993 by the following vote of the Commission: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: GARY THORNI41I,I, SECRBTARY R:\S\STAFFRPT~27314.IW3 2/'24/~3 klb 14 ATTACHMENT NO. 2 CONDITIONS OF APPROVAL R:\S~STAFI~-,uT~27314.PC 2/24/93 klb ].5 CITY OF TEMECULA ' CONDITIONS OF APPROVAL Tentative Parcel Map No. 27314, Amendment No. 3 Project Description: To create four (4) parcels and a remainder parcel Assessor's Parcel No.: 955-020-002 Approval Date: Expiration Date: PLANNING DEPARTMENT WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT The applicant/developer shall deliver to the Planning Department a cashier's check or money order payable to the County Clerk in the amount of One Thousand Three Hundred dollars (~1,300.00), which includes the On Thousand Two Hundred and Fifty Dollar ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Fifty Dollar ($50.00) County administrati~/e fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 California Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall' be void by reason of failure of condition, Fish and Game Code Section 711.4(c). GENERAL REQUIREMENTS The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, it agents, officers, and employees from any claim, action, or proceeding against the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 27314, Amendment No. 3, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. If Subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Planning Director. The project and all subsequent projects within this site shall be subject to Development Agreement No. 92-1. R:'~S~STAFFR]rI~2'/314.PC 2/24/93 b'b 16 10. 11. The applicant shall consult the Army Corps of Engineers and the California Department of Fish and Game prior to designing the site plan for the project to mitigate the impacts to the wetlands as identified in the Figure 2 of Biological Report which includes the unvegetated alluvial wash and the Southern Willow Scrub. A proof of this consultation shall be submitted to the Planning Department along with the Plot Plan or Conditional Use Permit applications. These applications shall not be deemed complete without the proof of consultation with both of these agencies. All development proposals within this project shall be subject to further approvals of the City of Temecula which include but are not limited to Plot Plans and Conditional Use Permits. A full disclosure shall be made to all prospective residents, whether buyers or renters, that the existing Temecula Valley High School football stadium, tennis courts and other related facilities will be used extensively for ball games, practices, rock concerts and community activities. These events occur during both the daytime and evening hours and will generate considerable noise and light. The Temecula Valley Unified School District will not accept responsibility for the impact that these activities may have on the neighboring complexes, nor will any of these conditions be subject to mitigation by the district. The disclosure shall be made at the time of initial marketing and through individual grant deeds. The specific form of the disclosure shall be approved by the Planning Director and the City Attorney prior to issuance of building permits. The proposed proiect will be impacted by the Temecula Valley High School stadium noise and light. The following shall be implemented prior to approval of any Plot Plans or Conditional Use Permits: A noise study shall be submitted. This study shall examine the impact of the stadium on the proposed residences. Mitigation measures shall be included in the study including but not limited to building setbacks from the westerly property line, walls, landscaping, building orientation and building design. These mitigation measures shall reduce the maximum interior noise level to 45 Ldn and the exterior noise level to 65 Ldn. Tests shall be conducted during sporting events and other special events scheduled for the stadium. B~ A light impact study shall be submitted. Mitigation measures shall be incorporated into the project design including but not limited to building setbacks from the westerly property line, walls, landscaping, building orientation and building design. These mitigation measures shall reduce the impact to a level of insignificance as determined by the Planning Director. The entrance gates to the private roads in the multi-family senior complex, if proposed, shall be set back sufficiently to allow ~or stacking of cars to avoid blocking the right-of- way. This condition shall be complied with prior to approval of the Plot Plan. A pedestrian friendly circulation system shall be designed to separate the pedestrian and auto circulations by linking parking lots, building and recreation areas together by accent paving, cross walks, lighting, landscaping and signage. R:\S~STAFF~314.PC 2/24193 kJb 17 12. PRIOR 13. 14. 15. 16. The architecture and the landscaping of the project shall take into account the surrounding single-family units and schools and effectively buffer them with landscaping or create a pleasing facade to the neighboring properties especially the single-family units. TO ISSUANCE OF GRADING PERMITS A Mitigation Monitoring Program shall be submitted to and approved by the Planning Director. A copy of the Rough Grading plans shall. be submitted to and approved by the Planning Director. A Biology Study shall be prepared for the subject property by a Biologist and submitted to the Planning Director for review. Should Stephens' Kangaroo Rat (Dipodomys stephensi) habitat or other sensitive habitat be determined to exist upon the site, then mitigation measures to be included in the Mitigation Monitoring Program. If no habitat is determined to exist, then the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation plan as implemented by County ordinance or resolution. A qualified paleontologist/archaeologist shall be chosen.by the developer and approved by the Planning Director for consultation and comment on the proposed grading with respect to potential paleontological/archaeological impacts. Should the paleontologist/archaeologist find potential is high for impact to significant resources, prior to commencement of the grading operations a meeting between the paleontologist/archaeologist, Planning Director staff and the excavation and grading contractor shall be arranged. Mitigation measures shall be approved by the Planning Director and included in a Mitigation Monitoring Program. When necessary, the paleontologist/archaeologiSt or representative shall have the au.thority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. 17. The following ~hall be submitted to and approved by the Planning Director: A. A copy of the Conceptual Landscape Plans to include: (1) Drought tolerant plants. (2) All plants meeting the following minimum size requirements: (a) All trees shall be a minimum of 15 gallon with at least 50 percent of trees with a minimum of 24 inch box. (b) All shrubs shall be a minimum of 5 gallons. (c) All ground cover shall be a minimum of 8" on the center (3) Landscaping for the following: R:\S\STAFFRFI~27314.1eC 2/24/93 (a) The golf course. (b) Typical slope conditions. (c) Private common areas including all improvements. (d) Shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to sixty-six (66) feet or larger. (e) Parkways. (f) All other interior landscaping. (g) Screening the residences on Parcel No. 2 from the stadium with a combination of different species of fast growing and tall trees. (h} All existing trees. Any existing trees that are removed as a result of this project shall be replaced with a ratio of 5:1. This replacement shall be over and above other ordinance requirements. (4) Hardscaping for the following: (a) Pedestrian trails within private common areas. (5) The height, location and the following materials for all walls and fences: (a) Decorative block for the perimeter of the project adjacent to a Public Right-of-Way equal to sixty-six (66) feet or larger. (b) Wrought iron or decorative block and wrought iron combination to take advantage of views. (c) Wood fencing shell be used only in the interior of the project. B. A copy of the construction, landscape and irrigation plans consistent with the conceptual landscape plans. C. A Security Performance Bond shall be secured with the Planning Director to insure the installation of landscaping along the westerly property line to screen the high school stadium immediately after grading operations have been completed. PRIOR TO RECORDATION OF THE FINAL MAP 18. The following shall be submitted to and approved by the Planning Director: A. A copy of the Final Map B. A copy of the Rough Grading Plans C. A copy of the Environmental Constraint Sheet (ECS) with the following notes: R:~S~qTA~314.1~C 2/24193 kfo 19 This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations. (2) The 100 year flood plain areas shall be delineated. (3) Drainage easements shall be kept free of buildings and obstructions. (4) A fifty (50) foot wide easement shall be recorded on both sides of the wetland habitats as identified in the ..Bi'ological Report and shall be designated a biological open space. The area within this easement may be incorporated into the design of the golf course. (This condition may be waived by the Planning Director if the applicant submits proof of mitigation acceptable to the Department of Fish and Game and the Army Core of Engineers that waves the requirement for this easement}. A copy of the Covenants, Conditions, and Restrictions (CC&R's) (1) CC&R's shall be reviewed and approved by the Planning Department. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. (2) No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet Changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as C0nditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the city prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. (3) Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities, R:\S\STAFFRPT~27314.PC 2/24/93 klb 20 PRIOR TO ISSUANCE OF BUILDING PERMITS 19. No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer/owner or his/her successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one- hundred dollars ($100,00) per lot/unit shall b:e deposited with the City as mitigation for public library development. 20. A $400.00 per dwelling unit fire mitigation fee shall be assessed prior to issuance of building permits; ' 21. A phasing plan shall be submitted to and approved by the Planning Director for the installation of the landscaping for parcel 2. 22. Roof-mounted mechanical equipment shall not be permitted within the of the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Director approval. 23. A copy of the construction, landscape and irrigation plans consistent with the conceptual landscape plans. PRIOR TO ISSUANCE OF OCCUPANCY PERMITS 24. If deemed necessary by the Planning Director, the applicant shall provide additional landscaping to effectively screen various components of the project. 25. The applicant shall sign an agreement and/or post a bond with the City to insure the maintenance of all landscaping within each parcel for a period of one year. 26. All the Conditions of Approval shall be complied with to the satisfaction of the Director of Planning, Public Works, Community Services and Building and Safety. 27. All landscaping for parcels 1,3 and 4 shall be installed. 28. The landscaping fOr parcel 2 shall be installed according to a phasing plan. PUBLIC WORKS DEPARTMENT GENERAL REQUIREMENTS 29. It is understood that the developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 30. A Grading Permit for either rough or precise (including all on-site flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 31. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of*way. R:\S~STAFFP, PT~27314.]~C 2/24/93 Idb 2 ]. 32. All improvement plans, grading plans, and landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 33. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply. with the requirements of said section. PRIOR TO ISSUANCE OF GRADING PERMITS 34. A copy Of the grading. and improvement plans, along with supporting hydrologic and hydraulic calculations, shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to recordation of the final map or issuance of any permit. A permit from Riverside County Flood Control and Water Conservation District iS required for work within their right-of-way. 35. The final grading plan shall be prepared by a registered Traffic Engineer and shall be reviewed and approved by the Department of Public Works. 36. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. 37. The developer must comply with the re~luirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. 38. The developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works Riverside County Health Department Community Services District General Telephone Southern California Edison Company Southern California Gas Company 39. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 40. An erosion control plan shall be prepared by a registered Traffic Engineer and submitted to the Department of Public Works for review and approval. 41. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping, or provided with other erosion control measures as approved by the Department of Public Works. R:~S\STAFF~I4.PC 2/24/93 ~ 22 42. 43. 44. 45. 46. 47. 48. 49. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Riverside County Flood Control and Water Conservation District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. The developer shall obtain any necessary letters of approval or easements for any off-site work performed on adjacent properties as directed by the Department of Public Works at no cost to any agency. The developer shall accept 'and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the developer shall provide adequate facilities as approved by the Department of Public Works. The developer shall protect downstream properties from damage caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement, or by incorporating on-site detention basin facilities such that the downstream 100-year 'Q' is not increased as a result of the development of this project. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. A permit from the Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. A site balanced mass grading plan for the entire project shall be approved by the Department of Public Works prior to the issuance of any individual parcel's grading permit and the individual grading plan shall conform to the mass grading plan. Prior to the issuance of an individual parcel's grading permit, the associated future site plan shall be approved. It is understood that the project site plan as submitted is for the purpose of reviewing non-engineering issues. Specific engineering criteria will be evaluated with future site plan applications. Proposed future site plans shall include, but not be limited to, the following elements: Existing and proposed storm drain facilities shall be shown on the future proposed site plans along with associated easements. A drainage study shall be provided to indicate said facilities and verify the adequacy of existing downstream facilities, otherwise the drainage study shall address the requirements for on-site detention facilities designed to accommodate the 100-year design runoff without negatively impacting the downstream facilities. R:~SXSTAFFRIv~27314.PC 2/24/~3 klb 23 B. Proposed and existing sewer mains and lift station(s) shall be shown on future site plans to ensure adequate service and readily available fall for the proposed project, 50. 51. 52. 53. Proposed and existing water mains shall be shown on future site plans to ensure that service is readily available to the proposed project. Private roads included in future site plans MUST be designed to meet City Public Road Standards or otherwise approved by the Department of Public Works. This should include but may not be limited to: Minimum road widths of 32-feet paved with 50-feet/60-feet right-of-ways or easements (shown on typical section). B. Knuckles being required at 90° 'bends' in the road. Separation between on-site intersections shall meet current City Standards (200- ft. minimum). D. Cul-de-sac geometrics shall meet current City Standards. Minimum safe horizontal centerline radii shall be required (all centerline radii should be identified on the site plan). 90° parking immediately adjacent to the private s~reets shall be located a minimum safe distance from intersections. Distance to the nearest existing off-site access point on Rancho Vista Road and Pauba Road shall be identified on the site plan. Identify whether gates will be proposed at entrances to project. If so, configuration, stacking distance, and turn-around ability will need to be reviewed and approved by the Fire Department and the Department of Public Works during the Site Plan review stage. I. All intersections shall be perpendicular (90°). All driveways providing access to two or more buildings shall be designed as a cul- de-sac or a loop road. The future site plan application for the Senior Center shall reflect the requirement for a turn-around at the end of the driveway or loop extended around the buildings. The grading plan shall be designed to reflect the relocation of the existing reservoiLon the easterly edge of the project to be wholly contained within the remainder parcel. The preliminary soils report submitted in conjunction with the project grade plan shall address the dike design necessary to accomplish this. The grading plan shall be designed to reflect the relocation of the existing access road to school facilities within the remainder parcel off-site. R:\S~STAFFRPT~27314.PC 2/24/93 klb 24 54. Site plan applications which include development impacts over and above those identified in the approved Tentative Parcel Map/Development Agreement Traffic Study (dated June, 1992) shall include an updated traffic study. This study may include, and the Department of Public Works may condition, additional mitigation measures as warranted. PRIOR TO THE ISSUANCE OF ENCROACHMENT PERMITS 55. All necessary grading permit requirements shall have been completed and approved. 56. Improvement plans including, but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a registered Traffic Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. 57. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: - Flow line grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula Standard Nos. 207/207A and 401 (curb and sidewalk). Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance No. 461 and shall be shown on the improvement plans as directed by the Department of Public Works. Concrete sidewalks shall be constructed along public street frontages in accordance with City Standard Nos. 400 and 401. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. Minimum centerline radii shall be in accordance with City Standard No. 113 or as otherwise approved by the Department of Public Works. All reverse curves shall include a 100-foot minimum tangent section or as otherwise approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. , Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All concentrated drainage directed towards the public street shall be conveyed through under-sidewalk drains. R:~SXSTAFFRPT~27SI4.PC 2/24/93 ~lb 25 58. 59, 60. 61. 62. 63. PRIOR 64. 65. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. Improvement plans per City Standards for the private streets or drives shall be required for review and approval by the Department of Public Works. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. All conditions of the grading permit and encroachment permit shall be complied with to the satisfaction of the Public Works Department. A construction area traffic control plan shall be designed by a registered Traffic Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. TO RECORDATION OF FINAL MAP Any delinquent property taxes shall be paid. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements within 18 months in conformance with applicable City Standards and subject to approval by the Department of Public Works: Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, traffic signals, and other traffic control devices as appropriate; B. Storm drain facilities; C. Landscaping (slopes and parkways); D. Erosion control and slope protection; E. Sewer and domestic water systems; and F. Undergrounding of proposed utility distribution lines. 66. 67. 68. 69. 70. 71. 72. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Rancho California Water District Eastern Municipal Water District Riverside County Flood Control and Water Conservation District City of Temecula Fife Bureau Planning Department Department of Public W'orks Riverside County Health Department CATV Franchise Community Services District General Telephone Southern California Edison Company Southern California Gas Company Fish and Game Army Corps of Engineers All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. Complete half-street improvements in Pauba Road and Rancho Vista Road shall be provided, or bonds for the street improvements may be posted, within the dedicated right- of-way in accordance with City Standard No. 102 (88-ft/64-ft). The developer shall make a good faith effort to acquire the required off-site property interests, and if he/she should fail to do so, the developer shall, prior to submittal of the final map for recordation, er~ter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Sections 66462 and 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. Vehicular access shall be restricted on Pauba Road and Rancho Vista Road and so noted on the final map with the exception of those access points and intersections recommended per the approved Traffic Report and identified on the approved Tentative Parcel Map. A signing and striping plan shall be designed by a registered Traffic Engineer and approved by the Department of Public Works for Pauba Road and Rancho Vista Road and shall be included in the street improvement plans. Plans for a traffic signal shall be designed by a registered Traffic Engineer and approved by the Department of Public Works for the intersection of Pauba Road and Margarita Road and shall be included in the street improvement plans with the second plan check submittal. R:~S\STA]FFRPT~7314.PC 2/24/~3 klb 27 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. A school zone signing and striping plan shall be designed by a registered Traffic Engineer and approved by the Department of Public Works for the school site within this project. This will be separate from the street improvement plans and will cover any and all streets necessary to provide the appropriate signing and striping. Prior to designing any of the above plans, contact the Department of Public Works for the design requirements. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. A Transportation Demand Management program will be required. Corner property line cutoff shall be required per Riverside County Standard No. 805. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. An easement for a joint use driveway shall be provided prior to approval of the final map or issuance of building permits, whichever occurs first. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The following information shall be on the ECS: A. The delineation of the area within the 100-year floodplain; B. Special Study Zones. The developer shall comply with all 'constraints which may be shown upon a.n ECS recorded with any underlying maps related to the subject property, The developer shall deposit with the Department of Public Works a cash sum as established per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of the traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. R:~S\STAFFRPT~27314.PC 2/24/93 klb 28 85. The developer shall notify the City's CA'IV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. 86. A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer, and City attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and approved by the City and recorded. The CC&R's shall be submitted to the following Engineering conditions: A. The CC&R's shall be prepared at the developer~s sole cost and expense. The CC&R's shall be in the form and content approved by the Director of Planning, City Engineer, and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of Planning, Department of Public Works, and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and related facilities. The CC&R's shall provide that if the property is not maintained in the condition re~luired by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. (1) All parkways, open areas, on-site slopes and landscaping shall be 'permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to Planning and the Department of Public Works prior to issuance of building permits. (2) Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by CC&R's or by deeds and shall be recorded concurrent with the map, or prior to the issuance of building permit where no map is involved. PRIOR TO ISSUANCE OF BUILDING PERMITS 87. A precise grading plan shall be submitted to the Department Of Public Works for review and approval. The building pad shall be certified by a registered Traffic Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. R:~S\STA~314.PC 2/24/93 klb 29 88. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards, and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 89. The developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation aS required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building 'permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. The developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this AgreemenL the developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; orovided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY 90. All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. 91. All signing and striping shall be installed per the approved signing and striping plan. 92. The traffic signal at Pauba Road and Margarita Road shall be installed and operational per the special provisions and the approved traffic signal plan. (At the developer's request, the City will enter into a reimbursement agreement for costs over and above the approved project's impacts, as dictated by future approved traffic studies.) 93. All school zone signing and striping shall be installed per the approved school zone signing and striping plan. 94. The developer shall provide "STOP" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 95. Landscaping shall be limited in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. 96. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. R:'~S\STAFFILv~27314.1~C 2/24/93 klb 30 OTHER AGENCIES 97. The applicant shall comply with the environmental health recommendations outlined in the Riverside County Health Department's transmittal dated July 1, 1992, a copy of which is attached. 98. The applicant shall comply with the fire improvement recommendations outlined in the County of Riverside Fire Department's letter dated May 4, 1992, a copy of which is attached. 99. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated March 12, 1992, a copy of which is attached. 100o The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated May 7, 1992, a copy of which is attached. 101. 102. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated March 2, 1992, a copy of which is attached. · The applicant shall comply with the recommendations outlined in the Temecula Community Services District transmittal dated August 12, 1992, a copy of which is attached. R:\S~STAFFRF~27314.!W3 2/?~/93 kl~ 31 July 1, 1992 CITY OF TEMECULA 43174 Business Park Drive Temecula, CA 92590 ATTN: Saied Naaseh: RE: TENTATIVE TRACT MAP NO. 27514: BEING A PORTION OF THE RANCHO TEMECULA, AS GRANTED BY U.S. GOVERNMENT TO LUIS VIGNES BY PATENT DATED 1--18--19&0, AS SHOWN BY LIBER 1, PAGE 37, RECORDS OF SAN DIESO COUNTY, AN PARCELS 1,2,&3 OF PARCEL; MAP B3/97-100 RECORDS OF RIVERSIDE COUNTY, LOCATED IN THE CITY OF TEMECULA, CALIFORNIA. (4 LOTS) = Dear Gentlemen: The Department of Environmental Health has reviewed Tentative Tract Map No. 27314 and recommends: A water system shall be installed according to plans and specifications as approved by the water company and the Health Department. Permanent prints of the plans o+ the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 ~eet, along with the original drawing to the County Surveyor. The prints shall show the internal pipe diameter, location of valves and fire hydrants~ pipe and joint specifications, and the size o+ the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 ~+ the Cali+ornia Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities Commission o+ the State o+ Cali+ornia~ when applicable. The plans shall be signed by a registered engineer and water company with the following certi+ication: "I certi+y that the design of the water system in Tract Map 27514 is in accordance with the water system expansion plans o+ the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such Tract Map." City of Temecula Page. Two Attn: Saied Naaseh July 1, 19~2 This certification does not constitute a guarantee that it will supply water to such Tract Map at any specific quantities, flows or pressures for fire protection or any other purpose". This certification shall be signed by a responsible official o~ the water company. The plans must be submitted to The County Surveyor's Office to review at least two weeks prior to the re0uest ~or the reco~dation the final ma~. This subdivision has a statement from Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will benecessary for financial arrangements to be made prior to the recordation of the final map. This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the County Surveyor and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor. The prints shall show the internal pipe diameter, specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and'water lines shall be a portion.of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tract Map No. 27514 is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tract Map." City of Temecula Page Three Attn: Saied Naaseh July 1, 1992 The ~lans must be submitted to the County Surveyor's Office to review at least two weeks Qrior to the request for the recordation of the final ma~. It will be necessary for ~inancial arrangements to be completely ~inalized prior to recordation of the final map. It will be necessary for the annexation proceedings to be completely finalized prior to the recordation of the final map. Sincerely, .H.S. IV Department of Environmental Health SM:dr nvv nsmE cot v FIRE DEPARTMF NT 210 ~ SAN JACI~ AVE~ · PE~S, ~O~ 92~ ~4) 657-3183 G~N J. ~ ~ C~F MAY 4, 1992 CITY OF TEMECULA ATTEN: PLANNING DEPARTMENT RE: TENTATIVE TRACT 27~14 CHANGE OF ZONE NO. 21 AMENDED NO. ~ With respect to the review and/or approval of the above refer- enced project, the Pire Department has no comments or conditions regarding the tract map and will address all necessary Fire Protection 'measures when the plot plan or project developement plan is reviewed. All questions regarding the meaning of conditions shall be re- ferred to the Planning and Engineering Staff. RAYMOND H. REGIS Chief Fire Department Planner by ~'/~> Michael E. Gray, Fire Captain Specialist f'l INDIO OFFICE 79-733 Counn"y C~ub D~ive, ~ E laak~ CA 92201 (619) 342-8886 · FA~ (619) 775-2072 PLANNING DIVISION 3760 12th S.~t+ ~ CA 92501 (714) 275.4777 e, FAX (714) 369-7451 F~TEMF. CULAOFFICE 41002 C, mamy GMe~ ~ Suite 225. Tz,,'.,,:~a, CA 923~0 (714) 694-5070 · F~X (714) 694-5076 Notch 12, 1992 ( Da~e ) Riverside County Health Department c/o Albert A. Webb Associates 3788 McCray Street RiverSide, CA 925D6 Gentlemen; Re: Availability of Sanitary Sewer Service for ECE!VED Tentative Parcel Map 27314 We hereby advise you relative to the availability of sanitary sewer service for the above referenced proposed development as follows: The property to be occupied by the subject proposed development: /1X7 ZS PRESENTLY LOCA~D within the boundary lines of this Dtstrict's Improvement District No. U-8 and is eligible to receive sanitary sewer service, / / )lUST BE ANNEXEl) to this Dlstrtct.'s Improvement District No. following wnic~ it will be eligible to receive sanitary service, sewer provided: i) NJS'T BE INCLUDED in a new District improvement district, assess- menu district or other program to be formed and implemented for the purpose of providing sent. tory sewer facilities and service for the general area within which this proposed development is located, following which it will be eligible to receive sanitary sewer service, The developer completes all necessary financial and other arrangements therefore, as determined by the District, with the Districtby Seotember 1993 ; 2) That no LIMITING CONDITIONS exist which ARE BEYOND this DISll~ICT'S CO/TTROL or CANNOT BE COST EFFEL~TIVELY and/Or reasonably satisfied bY"F'!~F~'Distric~, w~ic~ conditions may include but are not limited to, acts of God, REGULATORY AGENCY REQUZRENENT$ or decisions, or legal actions initiated by others; If you have any questions or coments regarding the foregoing, do not hesitate to contact this office, Very truly your , Assistant Director of Customer Service MaiZ l~: P.sr Office R.x H~,00 . SanJacintn. C~llfornia 925HI .8~,()0 · Telephone t714~ 925-76T6 . Fax 171.h 929-0 257 Main Office: 20. i5 5. San aI:inm Stree:. 5anJauimD · C,.st,n~er St.'nqce 'Engineering Annex: .i40 E. Oakland Avenue. Hernet. Names and Addresses of Involved Parties: Involvement Name Owner of Property Ltnfield School Address 31950 Pauba Road Temecula, CA 92590 Developer Deveioper's Engineer Albert A..Webb Assoc. 3788 McCrRy Street Riverside. CA General Location of the involved property: North side of Pauba Road. We~t nf Brief legal description of the involved property: Tentative Parcel HaD 27314 4. Number of proposed lots/parcels 4 Parcels 5. Estimated number of dwelling units (or equivalent) 6. Other pertinent information Zoned Senior Citizen. Convalescent 7. Small scale map of the subject proposed development Area 96.7 (in acres) Rancho Water May 7, 1992 Mr. Saied Naaseh City of Temecula Planning Department 43180 Business Park Drive Temecula, CA 92390 SUBJECT: Water Availability Tentative Tract Map 27314 Change of Zone 21 Dear Mr. Naaseh: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water senrice, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact Ms. Senga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRICF Steve Brannon, P, E. Manager of Development Engineering SB:ajl~./FI&S cc: Senga Doherty, Engineering Technician -/ TA RIVERSIDE TRANSIT AGENCY 1825 THIRD 5TR~ · RIVERSIDE, G~ 92507-3484 · BUS. (714) 684-0850 FAX (714) 684.1 DD7 March 2, 1992 Saied Naaseh City of Temecula Planning Department 43174 Business Pan Drive Temecula, CA 92590 RE: TT27314 Dear Saied: We do not currently provide service to the site mentioned above but based on the size of the project and our own plans forluturo growth, we are requesting that a bus turnout or a pad for a bus stop be incorporated into the general design. Ideal site for the bus tumeut wo~id be on northside corner of Pauba Road adjacent to Parcel 3 just before main entrance to the senior citizen housing. If possible, we would also like to request that pedestrian walkways and wheelchair curb be provided near the tumout location specified ,a~ove. I can indicate the exact location for the turnout as the project progresses. Thank you for the opportunity to review and comment on this project. Your efforts to keep us updated on the status of this request will be very much appreciated. Please let us know when this project will be completed, Should you require additional information or specifications, please don't hesitate to contact me. Sincerely, Barbam A. Bmy Transit Planner ss/isc PDEV #151 , TO: FROM: DATE: REFERENCE: SAT~.D NAASEH SHAWN NELSON ~ DIRECTOR OF CO1VIM'gN1TY SERVICES AUGUST 12, 1992 TENTATIVE TRACT NO. 27314, AMENDMENT NO.2 The Temecula Community Services Dislrict CTCSD) staff has reviewed the conditions as set forth in the City of Tcmecula Conditions of Approval and recommends APPROVAL of Tentative Tract Map No. 27314, Amendment No. 2, subject to the developer or his assignee conforming to the TCSD Quimby Ordinance No.' 460.93 as attached. All questions regarding the meaning of the attached conditions shall be referred to the TCSD. cc: Gary King Beryl Yasinosky Debbie Ubnoske TEMECULA CO~ SERVICES DISTRICT Prior to the recordation of the final map, the applicant or Iris assignee, shall offer for dedication 2.3 acres of parkland and execute a Letter of Agreement with the TCSD, to construct a Senior Center Facility and required parking in accordance with City Standards and the Development Agreement. All proposed slopes, open space, and parkland intended for dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to identify said lot numbers as a proposed TCSD maintenance areas. Exterior slopes (as deftned as: those slopes contiguous to public streets that have a width of 66' or greater), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City Standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). ATTACHMENT NO. 3 EXHIBITS R:\S~STAFFRPT~27314.I,C 2/24/93 k~o 32 CITY OF TEMECULA CASE NO.: Development Agreement No. 92-01 : Change of Zone No. 21 Tentative Parcel Map No. 27314, Amendment No. 3 E_XtHRIT: A ~ 2. DATE: March 1, 1993 SITE PLAN R:\S~STAFFRPT\27314.PC 2124/93 klb CITY OF TEMECULA CASE NO.: EXHIBIT: B P.C. DATE: March 1, 1993 Development Agreement No. 92-01 Change of Zone No. 21 Tentative Parcel Map No. 27314, Amendment No. 3 TENTATIVE PARCEL MAP R:~SXSTAFFRpTX273J4.l~C 2/24/93 klb ATTACHMENT NO. 4 INITIAL ENVIRONMENTAL STUDY R:~S\STAFFP-PT~27314.t~C 2/24/93 klb 33 CITY OF TEMECULA PLANNING DEPARTMENT H BACKGROUND Name of Proponent: Address and Phone Number of Proponent: Linfield Christian School 31950 Pauba Road Temecula, CA 92592 3. Date of Environmental Assessment: 4. Agency Requiring Assessment: June 20, 1992 CITY OF TEMECULA 5. Name of Proposal, if applicable: 6. Location of Proposal: ENVIRONMENTAL IMPACTS N/A Surrounded by Pauba Road to the south and Rancho Vista Road to the north and 700 feet east of Margarita Road (Explanations of all answers are provided on attached sheets.) Yes Maybe No 1. Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic substructures? X Disruptions, displacements, compac- tion or overcovering of the soil? X Substantial change in topography or ground surface relief features? X The destruction, covering or modi- fication of any unique geologic or physical features? X R:\S\STAFFRPT\27314.1ES 2/23/93 Any substantial increase in wind or water erosion of soils, either on or off site? Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, Found failure, or similar hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? · C. Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Waler. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage paRems, or the rate and amount of surface runoff?. Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? R:\S\STAFFRPT%27314,1ES 2/23/93 Idb Yes Maybe No X X X X X X X Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Alteration of the dir6ction or rate of flow of ground waters? Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Plant Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, or endangered species of plants? Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Substantial reduction in acreage of any agricultural crop7 Yes Maybe N__o X -- _ X X X R:\S\STAFFRPT~27314AES 2~23~93 klb 10. Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles,' fish and shellfish, benthic organisms or insects)? Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a. Increases in existing noise levels? Exposure ofpeopleWsevere noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Yes Maybe N._Q X X X X _ _ __x X X X R:\S\STAFFRPT%27314.1ES 2/23/93 klb 11. 12. 13. 14. Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportalion/Circulafion. Will the proposal result in: Generation of substantial additional vehicular movement? Effects on existing parking facili- ties, or demand for new parking? Substantial impact upon existing transportation systems? Alterations to present patterns of circulation or movement of people and/or goods? Alterations to waterborne, rail or air traffic? Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? R:\S%STAFFRPT~27314.1ES 2123193 klb Yes Maybe N._.Qo X X X X X X X X X X X 15. 16. 17. 18. Maintenance of public facilities, including roads? f. Other governmental services: Energy. Will the proposal result in: Use of substautiai mounts of fuel or energy? Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? Human Health. Will the proposal result in: Creation of any health hazard or potential health hazard (excluding mental health)? Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? R:\S\STAFFRPT~27314.1ES 2~23~93 klb Yes Maybe N__o X X X X X 19. 20. 21. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Cultural Resources. Will the proposal result in the alteration of or the destruction of a prehistoric or. historic archaeological site? by Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, strumre, or object? Cv Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? Mandatory Findings of Significance. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future.) Yes Maybe No X X X X R:\S\STAFFRPT~27314,1ES 2/23/93 klb Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? Yes Maybe N._Q X R:\S\STAFFRPT~27314.1ES 2/23/93 Idb HI DISCUSSION OF THE ENVIRONMENTAL EVALUATION Earth 1.a. No. The proposed project is not anticipated to cause changes in geologic substructures and create unstable earth conditions. Sinco this approval does not provide entitlements for structures, no mitigation measures are necessary at this point, However, the Public Works Department is responsible for implementation. of necessary mitigation measures prior to issuance of grading permits to. insure stable earth conditions for the project. 1.b. Yes. The approval of this project will not cause disruptions, displacements, compaction or overcovering of the soil. The ultimate development of this site will eventually cause these conditions. However, these conditions will not cause a substantial impact on the environment as no substantial changes in topography are necessary. 1 ,c.d. I.e. No. The project site does not contain unique geologic or physical features as determined by a site inspection. Therefore, no substantial changes in topography or ground surface relief features will result. There is no substantial environmental impact. Maybe. The ultimate build0ut of the project may result in wind and water erosion of soils as a result of grading. However, standard mitigation measures during the grading stage including watering the disturbed areas to prevent dust and proper erosion control during and after the grading will reduce the impacts to a level of insignificance. 1.f. No. The site drainage for this project will be channeled through existing improvements and the runoff from this project is not anticipated to cause any offsite erosion. No significant impacts are anticipated. 1.g. No. The project site is not located in an earthquake, landslide, mudslide, ground failure hazard zones as determined in the Southwest Area Plan (SWAP). No significant impacts are anticipated. Air 2.a. No. The construction equipment associated with the construction of the project and the traffic generated by the ultimate residents and user's of the project are the major contributors to air emissions. However, these impacts are not considered significant since the construction is for a limited time oniy and the traffic generated from a senior housing project is not significant. 2.b. No. Objectionable odors are usually associated with commercial and industrial uses. Since this project is exclusively residential in nature there are no significant impacts. 2.c. No. Due to the size of the project site and its location within the South Coast Air Basin, the alteration of air movements, moisture or temperature, or any change in climate would not occur in conjunction with the ultimate development of the proposed project. No significant impacts are anticipated. R:\5\STAFFRPl'~27314.1ES 2/23/93 klb : Water 3.a. 3.b. 3.d. 3.f. 3.g. 3.h. 3.i. Plant Life 4.a.c. No. The ultimate development of the proposed project will not result in increased storm water flows in any marine or fresh waters. No significant impacts are anticipated. Yes. By covering the project site with co.ncrete, asphalt and landscaping, the absorption rate of the site under existing conditions would be reduced and the mount of surface runoff would be increased. The existing 120 inch storm drain is sufficient to carry this rimoff; therefore, no significant impacts are anticipated. Maybe. The ultimate buildout of the project will result in construction of dwelling units in the flood plain. The pads for these dwellings will be elevated above the flood plain. No significant impacts are anticipated to the coune or flow of flood waters. No. The construction of impervious surfaces on the project site will not substantially alter the existing drainage patterns nor proposed drainage patterns because of the size and location of the project. No significant impacts are anticipated. No. Stormwater runoff and possibly irrigation runoff from the proposed project would ultimately flow into the Santa Margarita River. Runoff pollutants will be typical of those of urbanized areas, including motor oil, pesticides, herbicides and fertilizers. This impact will be mitigated by the clearance issued by the State Water Resources Control Board. This clearance will insure compliance with the National Pollutant Discharge Elimination System (NPDES). No significant impacts are anticipated. No. The runoff from the project is conveyed to Murrieta and Temecula Creeks which flow into the Santa Margarita River. Both Murrieta and Temecula Creeks and the Santa Margarita River recharge the Found water in the Murrieta-Temecula basin. The runoff from this project is not anticipated to change the direction or rate of flow of Found waters. No significant impacts are anticipated. No. The project site is within Rancho Water District and will not draw from the ground water for their everyday use. Therefore, no significant impacts are anticipated. No. Rancho Water District has indicated the availability of water to serve this project. Therefore, ~here is no potential for substantial reduction in the availability of water. No. significant impacts are anticipated. Maybe. Aportion ofthe project site is within the ~ood plain. However, the project will be conditioned to construct the dwelling units above the flood plain limit per the FEMA standards which will mitigate any impacts to people and property from water related hazards such as flooding. No significant impacts are anticipated. Yes. The Biological Assessment prepared for the project site determined existence of Non-U.S. waters wetland on the site. The project is conditioned for obtaining clearances from Fish and Game and Army Corps of Engineers prior to approval of any development R:\S~STAFFRPT~27314,1ES 2/23/93 klb 4.b.c. Animal Life 5.a. 5.b. 5.c. Noise 6.a. 6.b. applications. The project in general will introduce new species of plane and will eliminate the native plants present at this time. However, none of the existing species are considered sensitive. No significant impacts are anticipated. No. The proposed project will not reduce the numbers of any unique, rare, or endangered species of plants as determined by the Biological Assessment. The project site is not presently being used for agricultural purposes; therefore, no significant impacts are anticipated. Maybe. The ultimate development of the site may eliminate some of the native animals on the site however, some may survive in an urban environment. The only additions to the animal life are expected to be household pets. The impact of this development is not considered significant for this category. No. The biological study recommended a focused K-Rat survey which identified no Steven's Kangaroo Rats on the site. No other sensitive or endangered species were identified on the site by the biological study. Therefore, no significant impacts are anticipated. No. Since there is no significant habitat for any sensitive species other than the wetland there is no significant impact~ The wetlands will be protected by two fifty (50) foot easements and will be incorporated into the design of the golf course. No. The ultimate development of the site will not significantly increase the existing noise levels. The short term impacts are associated with the construction of the project and the long term impacts will mostly result from the traffic generated by this project. Due to the size and location of this project these impacts are not considered significant. Maybe. The proposed project abuts an existing high school stadium. The noise generated from this stadium is expected to impact at least a portion of the senior housing project. Since the exact location and type of the dwelling units is not known at this time, a detailed noise study will be required to mitigate the impacts of the stadium noise on this project. The mitigation measures may include building orientation, design features, landscaping, etc. No significant impacts are anticipated. Light and Glare No. The project will not result in a significant increase in the light and glare of the area. Furthermore, the project will be conditioned to comply with Mt. Palomar lighting requirements. All lights will be conditioned to be directed on site, therefore, reducing the impact on the neighboring properties to a level of insignificance. R:\S\STAFFRPT~27314,1ES 2/23/93 kJb The light and glare produced from the high school stadium will impact this project which has been conditioned to deal with this impact. The conditions will be enforced at the plot plan stage and include building orientation, building design, setbacks, etc. Land Use Yes. This project includes a zone change from R-R to R-3. The R-R zoning designation permits low density single family development with minimum .5 acre lots and a variety of commercial uses. The R-3 zoning designation will create high density senior housing and the supporting uses which will be dictated by the Development Agreement. This change will not result in a significant impact because of the low impact nature of senior housing. Natural Resources 9.a.b. No. Implementation of the proposed project would increase the rate of consumption of both renewable and nonrenewable natural resources dur'mg construction and project operation. Natural resources consumed during construction would be aggregate materials, timber, and energy resources for on-site construction equipment and for transport vehicles which would bring supplies to the site. At build out, energy resources required during project operation would include gasoline, natural gas for heating and cooling, electricity for lighting, and appliances. As all of these resources are readily available commercially, the proposed project would not have a significant impact on natural resources. Risk of Upset 10.a. No. The proposed project is residenf:al in nature and it is not expected to house any material with the potential for an explosion or the release of hazardous substance. The gasoline in the tanks of the residents' and the visitors' cars and the pesticides used for malntenanco of the landscaping are not expected to create significant impacts. 10.b. No. The proposed project will be reviewed by the Fire Department at the Plot Plan stage; therefore, all response time and emergency vehicle turnarounds will be examined at that stage. No significant impacts are anticipated. Ponulati0n ll.a. No. The ultimate build out of the project will increase the senior citizen population in the project vicinity. This increase could be in the form of out of town residents moving into the city, relocation of Temecula residents in the area or a combination of the two. This impact is not expected to be ~igni~cant. Housing_ 12. Yes. This project will have a positive impact on the housing in the region since it will provide additional housing for senior citizens. No negative significant impact is anticipated. R:~S\STAFFF~'~27314.1ES 2/23/93 klb Transportation/Circulation 13.a.c. Maybe. The project will generate approximately 1,610 dally vehicle trips, 130 of which axe expected to occur during the evening peak hour. According to the traffic study, the major intersections impacted by this project will operate at Level of Service C or better. No significant impacts axe anticipated sir~ce mitigation measures have been incorporated into the project. These mitigation measures include improving Pauba Road and Rancho Visit Road bordering the project to their ultimate half-section widths as secondary highways (88 feet right-of-way) in conjunction with development. A painted median with left turn pockets will be provided for traffic on Rancho Visit Road and on Pauba Road desiring to turn left into the project entrances. The project will be required to participate in the future construction of off-site capital improvements through established procedures. 13.b. No. The project will not create additional demand on existing paxking facilities since the proper number of parking spaces will be provided for the site as required by Ordinance No. 348. Therefore, no significant impacts axe anticipated. 13.d. No. The development of this project will not cause any alterations to present patterns of circulation or movement of people and/or goods since the major roads axe already esitblished in the vicinity of the project. Therefore, no significant impacts are anticipated. 13.e. No. This project will not cause alterations to waterbgrne, rail or air traffic due to the nature of the project, its geographic location, and local transportation system. Therefore, no significant impacts axe anticipated. 13.f. Maybe. Project-related traffic could create new traffic hazards to motor vehicles, bicyclists, and pedestrians, both on and off the project site. Points of conflict Would be created as a result of additional points of ingress and egress along Pauba Road and Rancho Visit Road. Internal circulation patterns could also result in potential hazards to pedestrians. The ful!owing measures need to be incorporated into the project design to reduce the impacts of the project to an insignificant level: The gate for the proposed senior housing should be setback from the Right-of- Way to allow for proper stacking of cars behind the gate. Vehicular and pedestrian entries to the project should be clearly identifiable to visitors through the use of signage, haxdscaping and landscaping. Circulation within the site should be designed to minimize conflicts between automobiles and pedestrians. A pedestrian friendly design needs to be incorporated into the project design providing adequate pedestrian circulation. Accent paving, crosswalks, landscaped walkways and adequate lighting should be used to identify and enhance pedestrian walks. R:\S\STAFFRPT\27314.1ES 2/23/93 kJb · Consideration should be given to providing safe pedestrian access through parking areas and from the public street walkways to building entrances. Public Services 14.a. No. Mitigation fee of $400.00 dollars for each unit will be collected to mitigate the impacts of this development on Fire Service. The Fire Department will review the Plot Plan for this project to insure adequate service. No significant impacts are anticipated. 14.b. No. The City of Temecula is contracting through the RiVerside County SherifFs Department for law enforcement services. This contract provides for thirty-one sworn officers and seven non-sworn officers. Additional services are provided to the City through various divisions within the Sheriff's Department. The average response time for priority one calls is 6.5 minutes and according to the Sheriffs Department this response time is well within industry standards for adequate service levels. The City intends to maintain a ratio of 1 officer per 1,000 residents. No significant impacts are anticipated. 14.c. No. The proposed project is an exclusively senior housing project. No school aged children are anticipated to be generated from this project. No significant impacts are anticipated. 14.d', No. The proposed project will include a private golf course and other active amenitias. A senior center might also be a part of this project which will ereate new activities for the residents. No significant impacts are anticipated. 14.e. No. The project will cause increased traffic on city streets; however, this is not considered a significant impact (refer to No. 13). 14.f. Erieray 15.a.b. Maybe. The future project residents will be using governmental services such as libraries; however, a $100.00 per dwelling unit mitigation fee imposed on this project will mitigate the impact. No significant impacts are anticipated. No. The implementation of the proposed project would increase the rate of consumption of fuel and other energy resources. During construction, construction equipment would be consuming energy resources. At buildout, energy resources would be required during project operation, such as gasoline, natural gas and electricity. However, the proposed project would not result in the use of substantial mounts of fuel or energy which are commercially abundant. No significant impacts are anticipated. R:~S~STAFFRPT~27314,1ES 2/23/93 Idb Utilities 16.a.b.c. d.e.f. No. All the utilities and services are within close proximity to the project site and will be extended to the project site with agreements between the developer and the individual agencies. No significant impacts are anticipated. Human Health 17.a.b. No. The nature of the proposed uses permitted on the project Site is not such that they would create potential health hazards. No significant impacts are anticipated. Aesthetics 18. Maybe. The project will go through further review in terms of architecture and landscaping when a Plot Plan application is filed. All aesthetics issues will be dealt with at that stage. At that time close anention shall be given to the impacts, if any, to the existing single family dwellings to the north of the project site and the existing schools on the west and east of the site. No significant impacts are anticipated. Recreation 19. Yes. The proposed project will include a private golf course and other active amenities. A senior center may also be a part of this project which will create new activities for the residents. These impacts are considered positive and will not cause significant negative impacts. Cultural Resources 20.a.b.c.d. No. The proposed project will not have a significant impact on prehistoric or historic cultural resources according to the University of California Eastern Information Center. This conclusion was made upon completion of a Phase I study. A condition will be imposed on the project to have a qualified archaeologist present at the time of grading as required by the Eastern Information Center. R:\S\STAFFRPT~27314.1E$ 2/23~93 klb ENVIRONMENTAL DE-tERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I fred that although the proposed project could have. a signi- ticant effect on the environment, there will not be a signi- ticant effect on this case because the mitigation measures described On attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. February 2. 1993 Date For CITY OF TEMECULA R:\S\STAFFRPT%273'I4.11ES 2/24/93 kJb ATI'ACHMENT NO. 5 DEVELOPMENT AGREEMENT RECORDED AT THE REQUEST OF City Clerk City of Temecula WI{EN RECORDED RETUI~N TO City Clerk City of Temecula 43174 Business Park Drive Temecula, CA 92590 DEVELOPMENT AGREemeNT' BETWEEN CITY OF TEM~CULA and -r~a~ LINFIELD SCHOOL R:\S~STAFFRPT~L~LD.DA 2/23/93 klb ' 1 - DEVELOPMENT AGP, MEMENT BETWEEN CITY OF TEMEuu~A and ~'~L~ LINFIELD SCHOOL This Development Agreement ("Agreement") is entered into to be effective on the date it is recorded with the Riverside County .Recorder (the "Effective Date") byand among the City of Temecula, a California municipal corporation ("City") and the persons and entities listed below ("Owner"): THE LINFIELD SCHOOL RECITALS A. The legislature of the State of California has adopted California Government Code Section 65864-65869.5 ("Development Agreement Legislation") which authorizes a city to enter into a binding development agreement with persons having legal or equitable interests'in real property located within a city's municipal boundaries for the development of such property. B. Pursuant and subject to the Development Agreement Legislation, the City's police powers and City Resolution No. 91-52, City is authorized to enter into binding agreements with persons having legal or equitable interest in real property located within the City's municipal boundaries under which such property may be developed in the City. C. In lieu of obtaining approval of a Specific Plan for the development of the Property, Owner has requested City to consider entering into a development agreement relating to the Property. D. By electing to enter into this Agreement, City shall bind future members of the City Council of City by the obligations specified herein and further limit the future exercise of certain governmental and proprietary powers of and members of the City Council. E. The terms and conditions of this Agreement have undergone extensive review by the staff of the City and the City Council of City and have been found to be fair, just and reasonable. F. City finds and determines that it will be in the best interests of its citizens and the public health, safety and welfare will be served by entering into this Agreement. G. All of the procedures of the California Environmental Quality Act have been met with respect to this Agreement. H. City was incorporated on December 1, 1989. Pursuant to California Government Code Sections 65360 and 65361, the City has forty-two (42) months following incorporation to prepare and adopt a general plan. During this 42-month period, the City may approve development projects without being subject to the requirement that its decisions be consistent with the general plan so long as the findings set forth in Section 65360 and the conditions of approval of the California Office Of Planning and Research are met. I. Pursuant to City Ordinance No. 90-4, the City has adopted the County of Riverside's land use, subdivision and mitigation fee ordinances as amended by City Ordinance Nos. 90-05 through 92-15. Pursuant to City Resolution No. 90-31, the City has adopted the Riverside County Southwest Area Community Plan ("SWAP"), as a planning guideline during the preparation of the City's General Plan. ~ J. The City Council of City hereby finds and determines that: (1) The City is proceeding in a timely fashion with the preparation of its general plan. (2) There is a reasonable probability that the Project will be consistent with the draft ~ general plan proposal presently being considered. (3) There is little or' no probability of substantial detriment to or interference with the future adopted general plan if the Project is ultimately inconsistent with the plan. (4) The Project complies with all other applicable requirements of state law and local ordinances. K. Owner is the fee owner of a ninety-six and nine- tenths (96.9) acre parcel of undeveloped land located South of Rancho Vista Road, east of Temecula Valley High School and north of Pauba Road, hereinafter referred to as the "Property" as described in Exhibit "A" attached hereto and made a part herein by this reference. This Agreement applies to the development of a forty-eight and three-tenths (48.3) acre portion of the Property, comprised of Lots 1-4 of Tentative Parcel Map No. 27314. L. City and Owner desire that the Property be developed as a Senior Citizen Housing Development as further described herein. M. The City Council of City hereby finds and determines that: (1) The environmental impacts of this Agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City approvals for the Project. (2) No other mitigation measures for environmental impacts created by the Project, as presently approved shall be required for development of the Project unless mandated by law. (3) City may, pursuant to and in accordance with its rules, regulations, and ordinances, conduct an environmental review of subsequent discretionary entitlements for the development of the Property or any changes, amendments, or modifications to the Property. The City, as a result of such review, may impose additional measures (or conditions) to mitigate as permitted by law the R:\S\STAFFP, PT~INFI~LD.DA 2/23/93 klb -3- adverse environmental impacts of such development entitlement which were not considered or mitigated at the time of approval of the project. (4) Should the Owner propose more than 240 dwelling units for parcel 2 of the property then the environmental impacts of those additional units shall be evaluated, and the City may condition the project as necessary to mitigate such additional units. N. Within forty-eight (48) hours of the effective date of this Agreement, Owner shall deliver to the Planning department a check payable to the County Clerk in the amount 6f One Thousand Two Hundred Seventy-Five Dollars (1,300.00),. which includes the One Thousand Two Hundred Fifty Dollars ($1,250.00) fee required by Fish and Game Code Section 711.4(d)(2) plus the Twenty-Five Dollar ($50.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the Owner has not delivered to the Planning Department the check required above, this Agreement shall be void by reason of failure of condition, Fish and Ga/ne Code Section 711.4(c~. O. City Council of City has approved this Agreement by Ordinance No. adopted on , 1993, and effective on , 1993. 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: 1. Definitions. In this Agreement, unless the context otherwise requires: (a) "Congregate Care Facility" is a congregate care residential facility developed pursuant to Riverside County Ordinance No. 460, and Sections 8.1, 8.2, 19.101, 19.102 and 19.103 of Riverside County Ordinance No. 348. (b) "City" is the City of Temecula. (c) "Development Approvals" means all those discretionary land use entitlements necessary to develop the Property, including, but not limited to, zoning changes, tentative subdivision maps, plot plans, and conditional use permits. (d) "Development ExaCtion" means any requirement of City 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 to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. (e) "Development Plan" means the development of the Property as depicted in Exhibit G. (f) "Existing Development Approvals" means those certain Development Approvals in effect as of the effective date of this Agreement with respect to the Property, including, R:~S\STAFFRFI'~LINFIF. ID.DA 2/23/93 klb -4- without limitation, the "Existin9 Development Approvals" listed in Exhibit B which were approved by the City of Temecula. (g) "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of City, 9overning the development and use of land including without limitation, the permitted use of lsand, the density or intensity of use, subdivision requirements, t~e 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 which are a matter of public record on the Effective Date of this Agreement. "Land Use Regulations" does not include any County or City ordinance, resolution, code, rule, regulation, or official policy, governing: (1) The conduct of businesses, professions, and occupations; (2) Taxes and assessments; (3) The control and abatement of nuisances; (4) The granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (5) The exercise of the power of eminent domain. (h) "Senior Citizen Housing Development" means a multi-family development intended for persons 55 years of age or older, as further defined at California Civil Code Section 51.3. (i) "Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with development of the Property. (j) "Project" is the development of the Property with the following specific uses: (i) multifamily senior housing complex; (ii) congregate care facility; (iii) skilled nursing facility; (iv) personal care facility, and (v) Seniors' Community Center; and (vi) a nine (9) hole private golf course. (k) '~Owner" means the person having a legal interest in the Property; (1) "Subsequent Land Use Regulation" means any Land Use Regulation adopted and effective after the Effective Date of this Agreement. (m) "Property" is the real property referred to in Exhibit "A". 2. Interest of Owner. Owner represents that he has a legal interest in the Property and that all other persons holding legal or equitable interests in the Property are to be bound by this Agreement. 3. Exhibits. The following documents are referred to in this Agreement, attached hereto and made a part hereof by this reference: R:\S\STAFFRF~LMIBLD.DA 2/23/93 klb -5- Exhibit Referred to Designation Description in ParaGraph A Legal Description of the K Property B Existing Development l(f), 15.2 Approvals C Development Schedule 9, 10 D Public Facility Fee 14.2 Agreement E Fee Credit 14.3 F Deed Restriction 10 G Development Plan 9 4. Term. (a) The term of this Agreement shall commence on the Effective Date and shall extend for a period of ten (10) years thereafter, unless this Agreement is terminated, modified or extended by circumsnances set forth in this Agreement or by mutual consent of the parties hereto. (b) Should the Owner: (i) fail to obtain all Subsequent Development Approvals to develop and complete the Project, or (ii) breach the Development Schedule, Owner agrees to City amending the land use designation to Low Medium Density Residential or Public Institutional, and amending the zoning to Single Family Residential (R-I) or Public Institutional. (c) Notwithstanding any other provisions of this Agreement, upon the sale or lease of any lot, dwelling or unit to a member of the public or other ultimate user, this Agreement shall terminate. with respect to any such lot, dwelling, unit or space, and such lot, dwelling, unit or space 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: (1) The lot has been finally subdivided and individually (and not in "bulk") sold or leased to a member of the public or other ultimate user; and, (2) A Certificate of Occupancy has been issued for a building or the lot, and the fees set forth under Section 14 of this Agreement have been paid. Notwithstanding the sale of any individual lot, dwelling, unit or space as set forth herein, the Owner shall remain liable to perform any and all outstanding obligations, still unperformed or uncompleted at the time of sale, with respect to said lot, dwelling, unit or space required by this Agreement or as a condition of any development approval. The Owner shall condition the sale and deed sufficiently to ensure the completion of said obligations. R:\S',STAFFRI'TMD.DA 2/23/93 klb ,-6- 5. Assignment. 5.1 Right tO ASsign. The Owner shall have the right to sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et ~ea., or Riverside County Ordinance No. 460, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04) to any person, partnership, joint venture, firm, or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer, or assignmen~ 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, the Owner shall notify City, in writing, of such sale, transfer, or assignment and shall provide City with an executed agreement, in a form acceptable to the City Attorney, by the purchaser~ transferee, o;r assignee and providing therein that the purchaser, transferee, or assignee expressly and unconditionally assumes all the duties and obligations of the Owner under this Agreement. Any sale, transfer, or assignment not made in strict compliance with the foregoing conditions shall constitute a default by the Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee, or assignee to execute the agreement required by Paragraph (b) of this Subsection, the burdens of this Agreement shall be binding upon such purchaser, transferee, or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee, or assignee until and unless such agreement is executed. 5.2 Release of TranSferrin~ Owner. Notwithstanding any sale, transfer, or assignment, a transferring Owner shall continue to be obligated under this Agreement unless such transferring Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Owner of all of the following conditions: (a) The Owner no longer has a legal or equitable interest in all or any part of the Property except as a beneficiary under a deed of trust. (b) The Owner is not then in default under this Agreement. (c) The Owner has provided City with the notice and executed agreement required under Paragraph (b) of Subsection 5.1 above. (d). The purchaser, transferee, or assignee provides City with security equivalent to any security previously provided by Owner 'to secure performance of its obligations hereunder. R:~S~STAI~IFT~LINI~,LD.DA 2/23/93 kib - 7 - 5.3 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. 6. MortGagee Protection. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at 0wner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust, or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and.agrees upon request, from time to time, to meet with the Owner and representatives of such lenders to negotiate in good faith any such request for interpretation. City will not unreasonably withhold its consent to any such requested interpretation provided such interpretation is consistent. with the intent and purposes of this Agreement. Owner shall reimburse City for any and all of City's costs associated with said interpretations and shall make reimbursement payments to City within thirty (30) days of receipt of an invoice from City. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee has Submitted a request in writing to the City in the manner specified herein for giving notices, shall beentitled to receive written notification from City of any default by the Owner in the performance of the Owner's obligations under this Agreement. (c) If City timely'receives a request from a Mortgagee requesting a copy of any notice of default given to the Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee'within ten (10) days of sending the notice of default to the Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Owner's obligations or other affirmative covenants of the Owner hereunder, or to guarantee such performance, provided however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 6.3 of this Agreement. (e) Any Mortgagee who comes into possession of the Property, or any portion thereof, pursuant to subsection (d) above and who elects not to assume the obligations of the Owner set forth herein shall not be entitled to any rights to develop which have or may have vested as a result of this Agreement. 7. Binding Effect Of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure tothe successors-in-interest to the parties to it. 8. Relationship of Parties. It is understood that the contractual relationship between City and Owner is such that the Owner is an independent contractor and not the agent of City. 9. Project Zoning. Pursuant to the Existing Development Approvals, the Project description contained at Section 16.1 of this Agreement, and the Development Plan, the Property has been rezoned from Rural-Residential (R-R) to General Residential (R-3) to permit Project development. The land use designation under the City's Draft General Plan is Public Institutional and High Density Residential. The rezoning and proposed land use designation is conditional upon the completion of the Project pursuant to the Development Schedule. Any substantial breach of the Existing Development Approvals, Development Schedule or Development Plan shall constitute a material breach of the Agreement. 10. Development Schedule. (a) Owner shall develop the Property pursuant to the Development Schedule contained in Exhibit C. (b) Concurrently with recording Parcel Map No. 27314, Owner shall record a deed restriction in substantially the form of Exhibit F, as to Parcels 1-4 of said Tract, restricting occupancy in the Project to persons fifty-five (55) years of age and older. (c) 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, 37 Cal. 3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties, agreement, it is the parties, intent to cure that deficiency by acknowledging and providing that the Owner shall have the right to develop the Property in such order and at such rate and at such times as the Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Schedule. 11. Hold Harmless. Owner agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage R:~S\STAFFRF~LZ%5~BLD.DA 2/23/93 kJb ' 9' which may arise from the direct or indirect operationsof the Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the Project. Owner agrees to and shall indemnify, defend, and hold harmless the City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Owner's activities in connection with the Project. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this paragraph, regardless of whether or not City prepared, supplied, or appr0ved plans or specifications or both for the Project and regardless of whether or not the insurance policies referred to herein are applicable. Owner further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of this Agreement or the Project. 12. LitiGation. 12.1 Third Party Litigation Concerning AGreement. Owner shall defend, at its expense, including attorneys fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action, or proceeding against City, its agents, officers, Or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. City shall promptly notify Owner. of any such claim, action, or proceeding, and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, or proceeding, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action, or proceeding. 12.2 Environmental Assurances. Owner shall indemnify and hold City, 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, solid or hazardous waste or to environmental conditions on, under or about the Property. Said violations shall include, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may, inits discretion, participate in the defense of any such action. 13. Third Party Litigation Concerning the General Plan. City is a newly incorporated city falling within the scope of Government Code Sections 65360 and 65311 and thus not subject to the requirement that a General Plan be adopted or that development decisions be consistent therewith so long as the City makes certain findings, which the City has made at Section J. of this Agreement. Notwithstanding these findings City shall have no liability in damages under this Agreement for any failure of City to perform under this Agreement or the inability of Owner to R:\S\STAFFRF~L~r~IBLD.DA 2123193 Idb - 10 - develop the Property as contemplatedby the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the findings made under Section 65360 and 65361 or the future General Plan, are invalidated or inadequate or not in compliance with law. 14. Public Benefits. Public Improvements and Facilities. 14.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by development of the Project and further acknowledge and agree that this Agreement confers substantial private benefits on the Owner which should be balanced by comensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on the Owner by providing more fully for the satisfaction of the public needs resulting from the Project. 14.2 Impact Fees. (a) The developer{s) of the Property shall pay a capital or impact fee for road improvements and public facilities the City may adopt for development ("Public Facilities Fee"), in the amount ineffect at the time of payment of the fee. (The term "developer(s) of the Property or Project" as used in this Section shall mean the person(s) who seeks a building permit to construct structures on the Property. These individuals shall hereinafter be referred to as the "Developer".) If an interim or final public facility mitigation fee or benefit district has not been finally established by the date on which Developer requests its building permits for the Project or any phase thereof, the Developer shall execute an Agreement for Payment of a Public Facility Fee, in substantially the form of Exhibit D. (b) Owner shall pay all other impact fees provided for under the Land Use Regulations, including, but not limited to the Residential Impact Fee (pursuant to Riverside County Ordinance No. 659} and Flood Control, Fire, Library, Traffic Mitigation and K-Rat Fees. 14.3 Fee Credits and Schedule. In exchange for' the dedication of land, the construction of improvements and the payment of fees, Owner shall be entitled to Fee Credits set forth in Exhibit E. 14.4 Waiver. By execution of this Agreement, Owner waives any right to object to the imposition of the provisions of Section 15 of this Agreement, the adoption of any interim or final Public Facility Fee, or the process, levy, or collection of any interim or final Public Facility Fee for this Project; provided that Owner is.not waiving its right to protest the reasonableness of any interim or final Public Facility Fee', and the amount thereof. 15. Reservations of Authority. 15.1 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, including, but not limited to: R:%S\STA~r~IBLD.DA 2/23193 klb - 11 - (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendation, appeals, and any other matter of procedure. (c) Regulations governing construction standards and specifications including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Grading Code and Fire Code. (d) Subsequent Land Use Regulations which are not in conflict with the Project. 15.2 Subsequent Development Approvals. This Agreement shall not prevent City, in acting on Subsequent Development Approvals from applying Subsequent Land Use Regulations, even if they conflict with the Existing Land Use Regulations, Existing Development Approvals or the Development Plan. Further, this Agreement shall not prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing or Subsequent Land Use Regulations. 15.3 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. 15.4 Recrulation by Other Public AGencies. It is acknowledged by the parties that other public agencies not within the control of City possess authority to regulate aspects of ~he development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 15.5 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~ seq-) and Riverside County Ordinance No. 460, as the same 'was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04, and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to the Owner, then and to that extent the rights, obligations, and protections afforded the Owner and City respectively, under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth i~ediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this R:XS~STAFFRFTU/NF~,LD.DA 2/23/93 ~b = 12 - Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 16. Devebpment of the Property. 16.1 Pro~ect. The Property shall be developed with the following uses, and only the following uses: (a) Senior Citizen Housing Development on Parcel 2 of Parcel Map 27314, up to 20 dwelling units per net acre with a target density of 10 dwelling units per acre; (b) Nine (9) hole private golf course for the sole use of private residents on Parcel 2 of ParcelMap 27314; (c) Senior's Co~t~ft~nity Center with a minimum of 3,500 square feet on Parcel 1 of the Parcel Map 27314; (d) Congregate Care Facility on Parcel 3 of Parcel Map 27314; and (e) Skilled Nursing and Personal Care Facilities on Parcel 4 of Parcel Map 27314. No change, modification, revision or alteration of these uses or of the Project may be made without the prior amendment of this Agreement. 16.2 Riqh~s to Develop. 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 Section 16.1 and the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. 16.3 Changes and Amendments. Notwithstanding Section 16.1, 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 Project. In the event the Owner finds that a change in the Project is necessary or appropriate, the Owner shall apply for a Subsequent Development Approval to effectuate such change and City shall process and act on such application in accordance with the Subsequent Land Use Regulations. If approved, any such change in the Project shall be incorporated herein as an addendum to this Agreement and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Project shall be deemed "minor" and not require an amendment to this A~reement provided such change does not: (a) Alter the permitted uses of the Proj. ect as a whole; or, (b) Increase the density or intensity of use of the Project 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 Project 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. 17. Periodic Review of Compliance with Agreement. (a) Pursuant to City Resolution No. 91-52, as it may be subsequently amended, City shall review this Agreement at least once during every twelve (12) month period from the date this Agreement is executed. The Owner or successorshall reimburse City for the actual and necessary costs of this review. (b) During each periodic review. by City, the Owner is required to-demonstrate good faith compliance with the terms of the Agreement. The Owner agrees to furnish such evidence of good faith compliance as City in the exercise of its discretion may require. 18. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties andin the manner provided for in Goverrunent Code Sections 65868, 65867.and 65867.5. If the Amendment is requested by the Own'er or successor, the Owner/successor agrees to pay City any Development Agreement Amendment fee then in existence as established by City Council Resolution, or if no such fee is established, to reimburse City for the actual and necessary costs of reviewing and processing said Amendment. 19. Breach of Agreement. (a) The City reserves the right to terminate this Agreement in the event of a material breach of any of its material terms or any material term of any applicable federal, state or local statute or regulation, which breach is not cured following written notice and a reasonable opportunity to cure. In finding such a breach: (i) City does not waive any claim of defect in performance by Owner implied if on periodic review the City does not propose to modify or terminate the Agreement. (ii) Non-performance shall not be excused because of a failure of a third person; and (iii) Non-performance shall be excused only when it is prevented or delayed by acts of God or an emergency declared by the Governor. (b) The notice to cure period shall be thirty (30) days (except in cases of emergency where a shorter time may be prescribed consistent with the nature of the emergency). Where thirty (30) days is insufficient time for the Owner to cure the notified breach, Owner shall be deemed in compliance with the provisions if, within that thirty-day time period Owner begins good faith efforts to cure such breach and shall present a specific and reasonable timetable to the City for the cure of the notified breach. If the breach is not cured within such time period or within such additional time period specified in such notice, the Planning Director shall cause to be noticed a public hearing before the City Council. (c) The Council shall hold a public hearing, upon ten (10) days written notice duly given to Owner and published notice provided to the public. Owner may appear at the public hearing before the Council and present information, orally or in R:\S\STAFFRPT~LINFIBLD.DA 2/23/93 klb - 14 - documented form, that it deems relevant and appropriate to the Council's deliberations. Based on the evidence presented at the public hearing, the Council shall determine by resolution whether the Agreement should be terminated. Nothing herein is intended to limit Council's right to make other determinations which are reasonably related to the Agreement. (d) The City Council shall cause Owner to receive written notice Of any action taken following the public hearing. (e) Within not less than thirty (30} days of receiving notice Of the City Council's action, Owner shall be entitled to initiate an action in state court to seek judicial review pursuant to California Code of Civil Procedure Section 1094.5. In the event Owner initiates such a review, the Council's determination shall be stayed pending a final order of the court. (f) Upon a finding of material breach of this Agreement, and the failure of Owner to successfully challenge the same in a court of law, City may not only terminate this Agreement, but also shall amend the land use designation of the Property to Institutional or Low-Medium Density Residential, and amend the zoning to Single Family Residential (R-l}; Owner further agrees to such amendments. (g) All other remedies at law or in equity which are not otherwise provided for in the Agreement or in City's regulations governing development agreements are available to the parties to pursue in the event there is a breach. 20. DamaGes Upon Termination. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City, and its officers, employees and agents, shall not be liable in damages to Owner or to any assignee, transferee of Owner, or any other person, and Owner covenants not to sue for or claim any damages for breach of that Agreement by City. 21. Attorneys' Fees and Costs. Illegal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notice required to be given to City shall be addressed as follows: TO City: City Clerk City of Temecula 43172 Business Park Drive Temecula, CA 92390 R:\S\STAFFRY~L~F~,LD.DA 2/23/~3 klb -15- Notices required to be given to Owner shall be addressed as follows: To Owner: A party may Change the address by giving notice in writing tO'the other party and thereafter notices shall be addressed and transmitted to the new address. 23. Rules of Construction and Miscellaneous Terms. (a) The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. (b) If a part of this Agreement is held to be invalid, the remainder of the Agreement is not affected. (c) If there is more than one signer of this Agreement their obligations are joint and several. (d) The time limits set forth in this Agreement may be extended by mutual written consent of the parties in accordance with the procedures for adoption of the Agreement. (e) This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person, including but not limited to third party beneficiaries, shall have any right of action based upon any provision of this Agreement. (f) This Agreement may be executed by the parties in counterparts, each of which so fully executed counterpart shall be deemed an original irrespective of the date of execution. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year first above written. "C I TY" Attest: By:' MAYOR City Clerk R:~S~STAFFRFI~L~qI~ELD.DA 2F23/93 Idb - 16 - Approved as to form: City Attorney "OWNER" By: Name: Title: By: Name: Title: Notary [ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.] R:%S\STAFFP, PT~LINFIED.DA 2/23/93 kab - 17- EXHIBIT ~A" DESCRIPTION OF TH] PROPERTY BEING A PORTION OF THE RANCHO TEMECULA, AS GRANTED BY U.S. GOV'T TO LUIS VIGNES BY PATENT DATED 1-18-1860, AS SHOWN BY LIBER 1 PAGE 37, REC'S OF SAN DIEGO CO., AN PARCELS 1,2,3 OF P.M. 83/97- 100 REC'S RIVERSIDE CO.. LOCATED IN THE CITY OF TEMECULA, CALIFORNIA. R:\S~STAFIqtPT~LINFIBLD.DA 2/23/93 kl~ - 18 - EXHIBIT EXISTING DEVELOPMENT APPROVALS Tentative Parcel Map No. 27314 Change of Zone No. 21 R:~S\STAFFRPT~LINFIBLD.DA 2/23/93 klb - 19 - EXHIBIT DEVELOPMENT SCHEDULE m Within five (5) years of the effective date of this Development Agreement, Owner shall have substantially begun construction of each of the following uses: Twenty (20) dwelling units of the Senior Citizen Housing Development, and The Congregate Care Facility, Skilled Nursing Facility, or Personal Care Facility "Substantially begun construction" shall mean obtaining a building permit and having an approved and inspected foundation. Prior to the issuance of the certificate of occupancy for the first unit of the multi-family senior housing complex, Owner shall have constructed and obtained a certificate of occupancy for the Senior Citizen Center, and shall have completed the Golf Course. "Completed the Golf Course" shall mean construction and completion of all structures, six months growth of the grass and certification of the course by a Licensed LandScape Architect. Within five (5) years of the effective date of this Development Agreement, Owner shall have recorded Parcel Map 27314 and have obtained all Subsequent Development Approvals for the Senior Citizen Housing Development, the Congregate Care Facility, the Skilled Nursing Facility, the Personal Care Facility, and the Golf Course. Within the term of this Development Agreement, Owner shall have obtained certificates of occupancy for all buildings identified in the Subsequent Development Approvals. R:XS~STAFFRFT~L~q~IBLD.DA 2/23/~3 klb - 2 0 - EXI~IBIT 'D~ PUBLIC FACILITY FEE AGI~EEMENT R;\S~,STAFF~D.DA 2/23/93 kas - 2 1 - Recording requested by, and When recorded mail to: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: City Clerk AGREEMENT FOR PAYMENT OF PUBLIC FACILITY FEE This Agreement is made this day of by and between the City of Temecula ("City") and ( "Developer" ) . "Property" ) RECITALS Developer is the owner of real property (the in the City of Temecula described as follows: Exhibit A, attached hereto and incorporated herein by reference B. pursuant to Developer proposes todevelop the Property (the "Project"). Recording of this Agreement is fee exempt pursuant to Government Code Section 6103 as it is recorded for the benefit of the City of Temecula, a public agency. -1- C. City has determined that the Project will impact traffic and the demand for other public facilities within the City as identified in the |~,~v:~j for the Project. These i~pacts must be mitigated by payment of a fee for additional road and public facility'cons~rmction, which fee shall be identified as set forth hereinafter. D. The City proposes to impose a public facility fee upon new developments within the City in order to construct additional public facility improvements to serve and benefit new developments, including the Project. These fees shall be. known as the "Temecula City-wide Public Facility Fee Program" or "Public Facility Fee." E. Condition No. of the Project requires that Developer execute this Agreement prior to issuance of a building permit or conditional use permit, or recordation of the final map, as provided specifically in the conditions of approval. F. In order for Developer to proceed without full payment of the Public Facility Fee in a timely manner, City and Developer have determined to enter into this Agreement. G. The term "public facility" shall refer to public and municipal infrastructure, such as roads, highways, flood control facilities, city hall, police stations, community. centers, theaters, parks and similar public infrastructure. NOW, THEREFORE, the parties hereto agree as follows: 1. Public Facility Fee: (a) The City Council will establish the amount of the Public Facility Fee at some time in the future. The Fee will be based upon the square footage ~f each development, the vehicle trips generated by each development, or similar measure(s). The Public Facility Fee also shall establish the specific improve- ments to be constructed and their cost, the benefit assessment area and the method by which the fair share, pro-rata obligations of each property are to be established based on impact on traffic and demand for public facilities. (b) Developer shall pay the Public Facility Fee on each building at such time it receives its certificate of occupancy or final inspection, which ever occurs first. (c) The Council also may establish an interim Public Facility Fee to be followed by a Final Public Facility Fee. If only the Interim Public Facility Fee has been established at the time the Developer seeks issuance of its certificate of occupancy or final inspection, whichever occurs first, then Developer shall pay the Interim Fee prior to issuance of the certificate of occupancy or final inspection, whichever occurs first. Later, when the Final Public Facility Fee is established, the Developer will be reimbursed for any difference between the Interim and Final Fee if the Interim Fee exceeds the Final Fee, and shall pay the shortfall if the Final Fee exceeds the Interim Fee. (d) If the certificate of occupancy Or final inspection occurs prior to the establishment of the Interim or Final Public Facility Fee, then the Developer shall pay a deposit of Two Dollars ($2.00) per square foot, not to exceed Ten Thousand Dollars '($10,000) priorto the 'issuance of the certificate of occupancy or final inspection. The deposit shall be a credit against the Interim or Final Public Facility Fee. A letter of credit or certificate of deposit may be provided in lieu of the deposit. (e) If either the Final or Interim Public Facility Fee is established after the issuance of the certificate of occupancy or final inspection, the Developer shall pay the Interim or Final Public Facility Fee ten (10) days after receiving notice from the City that it has been established. (f) Notwithstanding the above, Developer shall provide City with wTitten notification of the opening of any escrow for the sale of the Project and shall provide in the escrow instructions that if the Interim or Final Public Facility Fee has been established, the Fee shall be paid to the City from the sale proceeds in escrow prior to distributing the proceeds to Developer/seller. (g) City shall record a release of this Agreement upon payment of all Public Facility Fees owing and shall provide Developer with a copy of such release. 2. Use of Public Facility Fee: The Public Facility Fee collected pursuant to this Agreement shall be used only to construct City-wide traffic and public facility improvements, which improvements are deemed to be of benefit to Project; and for expenses incidental thereto. There is a reasonable relationship between the Project and the Public Facility Fee in that the Project will impact traffic and existing public facilities, and consequently, will require expansion of the City-wide street and highway system, and public facilities in order to meet the added demand resulting from the Project. The a~ount Of the Public Facility Fee to be collected from Project represents the cost of facilities necessary to meet the incremental increase in traffic and demand for public facilities resulting from the Project. 3. Information Provided: Developer shall provide to City, upon City's request therefor, any and all information regarding access to the Project,.eraffic flow, trip generation factors and such other information as is reasonably necessary to establish the Public Facility Fee. 4. Security for Public Facility Fee: (a) If the Interim or Final Public' Facility Fee has been established prior to issuance of a building permit or other entitlement described in Recital E, then, concurrent with sff/117333.AGR (10.r30/91) the execution of this Agreement, Developer shall provide an irrevocable letter of credit or other form of security approved by City, in a form approved by the City Attorney, in an amount equal to the total Public Facility Fee for the Project. The amount of security may be increased upon City's request should there be an increase in the amount of the Public Facility Fee. The amount of security also may be reduced upon Developer's payment of Public Facility Fees outstanding. However, except for the deposit provided for in Section 1, no letter of credit is required if neither the Interim or Final Public Facility Fee has not been established as of the date of execution of this Agreement. (b) As an alternative to collecting the fee from the letter of credit, if the D~veloper fails to pay the Public Facility Fee within thirty (30) days of the date demand is made, the City may assess a penalty of ten percent (10%) of the amount owing and make said Fee, inclusive of penalty, a lien upon the described real property by recording a notice that said Fee is due under the terms of this Agreement with the County Recorder of Riverside County. The notice shall state the fact that said Fee, inclusive of penalty, is due under the terms of this Agreement and shall state the amount, together with the fact that it is unpaid and draws interest on the Fee and penalty at the rate set forth at California Revenue & Taxation Section 19269 until paid. (c) The City may as an alternative to the lien procedure set forth above, bring legal action to collect the Public Facility Fee due. The Developer agrees that if legal action by the City is necessary to collect the Fee the Developer agrees to pay the City a reasonable sum as attorney's fees and court costs, together with penalty and interest determined according to Paragraph 4(b) of this Agreement. 5. A~reement Runs With Land: This Agreement pertains to and runs with the Property. This Agreement binds the successors in interest of each of the parties. 6. Waiver: By execution of this Agreement, Developer waives any right to.protest the provisions of Condition No. of the Project, this Agreement, the formation of any Public Facility fee district, but not the nexus between any Public Facility fee and the Project. 7. Binding AGreement: This Agreement shall be binding upon Developer, Developer's successors and assigns. 8. Amendment/No Continuing Waiver: This Agreement may be modified or amended only in writing, signed by both parties. This Agreement contains the full and complete understanding of the parties and supersedes any -7- and all prior oral or ~ritten agreements or representations. A waiver of any term or condition of this Agreement by either par~y shall not be deemed a continuing waiver thereof. 9. Attorneys' Fees: Should. either party determine that it is necessary to file a legal action to enforce or interpret the provisions of this Agreement, the prevailing party in that litigation shall be entitled to its reasonable costs, including but not limited to attorneys' fees. 10. Notice: Notice shall be deemed given under this Agreement when in writing and deposited in the United States mail, first- class, postage prepaid, addressed as follows: CITY: DEVELOPER: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: City Clerk 11.. Miscellaneous Provisions (a) If any provision of this Agreement is adjudged invalid, the remaining provisions shall not be affected. (b) If there is more than one (1) signer of this Agreement as Developer, their obligations are joint and several. IN WITNESS WHEREOF, the parties or their duly authorized representatives have executed this Agreement as of the date set out above. CITY'OF TEMECULA DEVELOPER By: By: David S. Dixon City Manager By: APPROVED AS TO FORM: By: scott F. Field City Attorney EXHIBIT new FEE CREDITS Upon obtaining a certificate of occupancy Owner shall dedicate to the City the Senior Citizen Center described in Exhibit C. In exchange for dedication of the Senior Citizen Center and completion of the. Golf Course, Owner shall receive a full credit against its Quimby Fees required pursuant to Riverside County Ordinance No. 460. R:~S\STAFFRPT~LIN~IBLD.DA 2/23/93 klb EXHIBIT "F" DEED RESTRICTION RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY CLERK CITY OF TEMECULA 43174 BUSINESS PARK DRIVE TEMECULA, CALIFORNIA 92590 DECLARATION OF RESTRICTIONS ThiS DECLARATION OF RESTRICTIONS made this , 1992, by (. hereinafter referred tO as "Declarant." w ) day of WHEREAS, Declarant is the owner of Parcels 1-4 of Parcel Map No. 27314 (the "Property"); and WHEREAS, Declarant intends to sell the above described property, restricting it in accordance with a common plan designed to preserve the value and residential qualities of said land, for the benefit of its future owners. NOW, THEREFORE, Declarant declares that said real property shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied, Subject to the covenants and restrictions hereinafter set forth expressly and exclusively for the use and benefit of said property and of each and every person or entity who now or in the future owns any portion or portions of said real property. 1. Land Use and Building TyPe. No person may occupy any dwelling unit located on the Property unless he or she is at least fifty-five (55) years of age, or otherwise qualifies for residency pursuant to California Civil Code Section 51.3. 2. Term. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended 'for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots, and the City of Temecula, has been recorded, agreeing to change said covenants in whole or in part. 3. Enforcement. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation R:~S\STAFFP, PT~LRD.DA 2/23/93 klb = 2 3 - or to recover damages. The City of Temecula may enforce any covenant of this Declaration. 4. AttOrneyS Fees. Should any party bring an action against the other for the purpose of enforcing the terms of this Stipulation, or for damages arising from its breach, then in such event, the prevailing party shall b6 entitled to its reasonable attorneys fees and costs in addition to any other award entered by the Court. 5. Severability. Invalidation of any one ofthese covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, Declarant has executed this Declaration of restrictions the day and year first above written. DECLARANT: Signature Name: Address: R:\S\STAFFRPI~L~F~_LD.DA 2123193 kjb - 24 - EXHIBIT "G" pEV~LOpME~_____P_LakN -25- ATTACHMENT NO. 6 PLANNING COMMISSION MINUTES AUGUST 17, 1992 R:\S\STAFFRPT~27314.PC 2/24/9~ Itib 35 PLANNING COMMISSION MINUTES ABSTAIN: 2 COMMISSIONERS: PUBLIC HEARING Chiniaeff, Ford AUGUST 17. 1992 3. Variance No. 12 Proposal to erect two freestanding signs-one six foot high sign adjacent to Jefferson Avenue and one twenty-fiye foot high sign adjacent to Interstate 15 with copy for the Hungry Hunter and Jan Wellerr R.V. on each sign. Matthew Fagan presented the staff report. Chairman Fahey opened the public hearing at 6:10 P.M. Larry Bradley, Sign Tech Electrical Advertising, representing the applicant, concurred with the staff report. It was moved by Commissioner Chiniaeff, seconded by Commissioner Blair to close the public hearing at 6:10 P.M. and adopt Resolution No. 92-(next) approving Variance No. 12 based on the analysis and findings contained in the staff report and subject to the Conditions of Approval. The motion was unanimously approved as follows: AYES: 5 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None Tentative Tract Map No. 25277 and Chanqe of Zone No. 5724 Proposal is a request to subdivide a 47.7 acre parcel into 96 single family lots and 5 open space lots and a zone change from R-R to R-1. Saied Naaseh advised that the item has been rescheduled to the meeting of September 21, 1992. It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to continue Tentative Tract Map No. 25277 and Change of Zone No. 5724 to the meeting of September 21, 1992. The motion was unanimously approved. 5. Development Aqreement No. 92-1 (DA 92-1 ), ChanQe of Zone No. 21 and Tentative PCMINB/17/92 -3- 9/9192 ~/PLANNING COMMISSION MINUTES Parcel Mao No. 27314, Amendment No. 2 AUGUST 17,1992 Proposal is a request to subdivide a 96.9 acre parcel into 4 parcels and a 48.4 acre remainder parcel, A Development Agreement to ensure the development of the project as senior housing, congregate care facility;skilled nursing, personal care, a nine hole private golf course and dedication of a 2.3 net acre parcel to the City of Temecula, and a Zone Change from R-R (Rural Residential) to R-3 (General Residential). Commissioner Blair stepped down due to a conflict of interest. Saied Naaseh presented the staff report. Roger D. Prend of Albert A. Webb Associates, 3788 McCray Street, Riverside, architect representing the applicant, stated that they are in concurrence with the staff report, however, commented on the severity of the five (5) year time limit and suggested some additional language allowing the Planning Commission or the City Council to use their judgement based: on the amount of financial contribution or improvement to the property instead of a five year limit, in the event of financial difficulties. Mr. Prend added that the idea~behind the development is to have a zone change and a conceptual site plan/parcel map to allow a developer to come in and finance a project and the development agreement is the guarantee for the right to do the development as it is being proposed. Commissioner Ford questioned whether the golf course is proposed to be public or private. Roger D. Prend stated that although it is proposed as private, the applicant would like not to restrict it at this time and give the developer that option. Chairman Fahey opened the public hearing at 6:30 P.M. John Telesio, 31760 Via Telesio, Temecula, stated that he is in support of the project, however requested .clarification of the following: what is the meaning of senior housing, and that the school portion will remain zoned R-R, Mr. Telesio also expressed concern that the senior housing portion of this development is proposed adjacent to the high school which might present a problem due to noise and lighting from football and other school oriented events. Bob Pipher, 41825 Green Tree Road, Temecula, expressed his concern that the area remain zoned R-R. Bob Kosslyn, representing Temecula Valley Unified School District, also expressed a reservation with the proposed senior project adjacent to the high school which may generate noise and light pollution during school events. Mr. Kosslyn requested that a disclaimer be presented in any purchase or rental agreement, PCMIN8117192 -4- '. 919192 ING COMMISSION MINUTES Commissioner Ford expressed the following concerns: AUGUST 17, 1992 Is there adequate parking for a public golf course? A reciprocal access agreement is in place until the future plans for the school are completed. * What is the definition of a completed golf course as referenced in the development agreement? Commissioner Ford expressed these concerns regarding the development agreement: Page 18, 16,1 The number of units proposed in the development agreement is not concurrent with that stated in the market report, clarify the request. * Page 22, 18(E) Correct to read Pauba and Rancho Vista Road. Page 23, 19(C) States that the grading must all be at one time and asked if the developer been conditioned for immediate adherence to an erosion control condition. Page 24, 21 (A) Suggest that instead of "developer" should read "owner" or "successor". * Page 26, (31) Request staff to clarify the reference to specimen trees. Page 26, (36) should read "entrance gates". Page 26, (42) should include a requirement for clearances from the Army Corp of Engineers, Fish and Game, and Fish and Wildlife. * Page 29, review and clarification of access points. Commissioner Chiniaeff stated that conceptually the project appears to be good for the community, however, he felt that the Commission was being asked to make environmental findings that the Commission is not able to make regarding the following matters: grading impacts and erosion control number of units planned public vs. private golf course traffic impacts impacts of dividing parcel 2 whose property line is on the lake traffic impacts impact of the stadium adjacent to the project and the proposed mitigation a general plan presumption that this area will be zoned high density Commissioner Chiniaeff also expressed these concerns regarding the development agreement: PCMIN8/17/92 -5- 9/9/92 ~MMISSION MINUTES AUGUST 17, 1992 requested clarification of Page 3, M-2 and M-3. reference to the potential for amendment and interpretations; suggest outlining what cannot be amended. makes reference to maximum building heights and sizes of proposed buildings, however, the Commission has not been provided that information. Commissioner Chiniaeff concluded that he feels that the request was premature based on the information provided to the Commission to make a recommendation. Commissioner Hoagland stated that he concurred that the project appeared good conceptually, however, this is a major development and requires a major development review. Commissioner Hoagland expressed concern regarding the following: what the impacts to the project and the surrounding residents would be if the school relocates the gym and other facilities as stated. * buffering of the school and the project with respect to noise, lighting, etc. It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to continue off-calendar, Development Agreement No. 92-1 (DA 92-1 ), Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 2 to allow the developer to work with staff on some of the specific items discussed. Commissioner Ford added that the specifications of the senior center should be included in the development agreement, The motion was unanimously approved as follows: AYES: 5 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None PLANNING DIRECTOR REPORT Gary Thornhill reported the following: * Final technical sub-committee meeting scheduled for Tuesday, August 18th, on Growth Management. Also planning a Town Hall meeting for August 27th and a joint City Council/Planning Commission meeting for September 3rd. Anticipate going to public hearing with the General Plan the third week of October. * Temporary Sign Ordinance' will come back to the Commission in three weeks. Staff has been authorized to enforce removal of signs in pub'lic right-of-way and PCMINB/17/92 -6- 919192 ATTACHMENT NO. 7 PLANNING COMMISSION STAFF REPORT AUGUST 17, 1992 R:\S\STAFFRrr~7314.t~C 2/24/~3 klb 36 Case No.: RECOMMENDATION: STAFF P, EI~RT - PLANNING CITY OF i'~IECULA PLANNING COMMISSION August 17., 1992 Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 Prepared By: Saied Naaseh R!~COMME,~ Adoption of Negative Declaration for Development ~ent No. 92-1, Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 2; and ADOPT Resolution No. 92- recommending Approval for Development Ag~,mcnt No. 92-1, Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 2 based on the Analysis and Findings contained in the Staff R6port and subject to th~ attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: Linfield Christian School Albert A. Webb Associates PROPOSAL: A request for approval of Development Agreement No. 92-1 (refer to Attachment No~ 6) to ensure the development of the site as a multi-family senior complex, congregate care, personal care and skilled nursing fac'ffities, a nine-hole goff course and the dedication of a senior center to the City of Temecula (refer to Exhibit "D") ; a request for approval of Change of Zone No. 21 to change the zoning from Rural Residential (R-R) to General Residential (R-3) for parcels 1 through 4 of the Parcel Map (refer to Exhibit "F") and a request for approval of Tentative Parcel Map No. 27314, Amendment No. 2 to create four (4) paxeels and a Remainder Parcel (refer to Exhibit "E"). LOCATION: East of Temecula Valley High School, south of Rancho Vista Road and north of Pauba Road $~$TA~I47TM.PC v$~/ ] BXISTING ZONING: R-R (Rural Residential) SURROUNDING ZONING: North: South: Bast: West: Specffic Plan (SP 199, Margarita Vilhge) Specific Plan (SP 219, Paloma Dol Sol) Rural Residential (R-R) Rural Residential (R-R) PROPOSBD ZONING: R-3 (General Residential) EXISTING LAND USE: Linfield School Site SURROUNDING LAND USES: North: South: West: Single Family Dwellings Vacant (Paloma del SoD Single Family Dwellings Temecuh Valley High School PROJECT STATISTICS Life of the Development Agreement Number of Parcels Total acres Parcel 1/Senior Center Site Parcel 2/Multi-family Complex Parcel 3/Congregate Facility Parcel 4/Sldlled Nursing, Personal Care Remainder Parcel/Lin~eld School 15 years 4 plus a Remainder Parcel 96.9 acres 2.3 acres 38.0 acres 6.2 acres 2.0 acres 48.4 acres BACKGROUND This project was submitted to the City of Temecula on December 17, 1991. Three (3) Development Review Committee meetings were scheduled on January 16, 1992, February 27, 1992 and May 7, 1992. On June 15, 1992 the application was deemed complete and was scheduled for a planning Commission Hearing. PROJECT DESCIIFrlON This project consists of a Development Agreement, a Zone Change and a Parcel Map. The following represents a summary of the individual applications: Development A~reement 92-1 The purpose of this Development Agreement (D.A.) is to ensure the flitore development of parcels 1 through 4 of Parcel Map No. 27314, Amendment No. 2 as a multi-family senior complex, congregate care, personal care and skilled nursing facilities, a nine (9) hole private goff course and the construction and dedication of a senior center on Parcel 1. A deed SXSTA~I4TD&I~ vlw 2 restriction will limit the age of all residents within this project to 55 or older. This D.A. is tied to the Change of Zone application to ensure the development of the above mentioned uses. Specific language in the D.A. reverts back the Zoning and the General Plan Land Use designations from R-3 and High Density to R-1 and Low Medium Density or Public Institutional if the developer does not bogin substantial construction of the multi-family senior complex and the congregate care, personal-.cate, or the .~irilled nursing facilities within five years. The total life of the D.A. is for fi_ea~ (15~}.ears to allow the build out of the project. ' The development of the site wffi comply with all the requirements of Ordinance No. 348, however, ff new standards are adopts! by the City by the time the applicant applies for further entitlemerits, new standards wffi apply to the project. Change of Zone No. 21 The current zoning on the property is Rural Residential (refer to Attachment No. 7) and the applicant is requesting a change of zone to General Residential (refer to Attachment No. 8) for parcels 1 through 4 of the Parcel Map. The remainder parcel retains the R-R zoning · designation. Tentative Parcel Map No. 27314. Amendment No. 2 This parcel map will allow the pareelization of a 97.9 acre parcel which includes the Lin~eld School site which will be designated as a Remainder Parcel. Parcel No. 1 will be constructed as a senior center and will be dedicated to the City for operation and maintenance. Parcel No. 2 wffi be developed as a multi-family senior complex with an integrated nine (9) hole golf course. Parcel No. 3 will be set aside for the Congregate Care facility and Parcel No. 4 will be developed as Personal Care and Skilled Nursing facilities. Access to Parcel 1 is pwvided by two 30 foot wide driveways, access to Parcel 2 is provided by two 30 font wide driveways, one on Pauba Road and one on Rancho Vista Road, Parcel 3 will have one exclusive 30 foot access drive aisle and a shared drive aisle with Parcel 4 with the same width. The Remainder Parcel wLLI be served by the existing driveway. Several structures including the school's gymnasium, three storage structures and a residence and a baseball field exist on the site and will be removed' to allow the construction of the pwject. These facilities have been incorporated inW the proposed master plan for the Linfield School. Two narrow, 20 foot wide drainage ditches enter the northwestern comer of the site, converge, and then terminate in the unvegetated alluvial wash which is identified as a Blue Line Stream on the USGS maps. The drainage ditches contain a low quality Southern Willow Scrub which qvalifies as wetland habitat as identified in the Biological Report. ANALYSIS Development Agreement 92-1 Since the development of this project as a senior housing complex required a zone change from R-R to R-3, Staff was concerned about the potential development of the site as a high density apartment complex permitted under the R-3 zone. One way to insure the development of the site as a senior housing complex as opposed m high density apamnents was to record an D.A. As a result, the zone change is tied to the developer's pe~ormance on the contaction of the project as specified in the Development Agreement. The D.A. requires the developer W comply with a Development Schedule, (refer w Exhibit "C" of Attachment No. 6). The following represents the developer's responsibilities under this agreement. Within five (5) years of the effective date of this Development Agreement, Owner shall have substantinlly begun contaction of each of the following uses:' a. Twenty (20) dwelling units of the Senior Citizen Housing Development, and b. The Congregate Care Facility, Skilled Nuning Facility, or Personal Care Facility "Substantially begun construction" shall mean oblming a building permit and having an appwved and inspected foundation. After twenty-five (25) percent of the. dwe!llnE units within the multi-family senior housing complex have received Occupancy Permits and prior W the next Occupancy Penit issuance within this complex, owner shall have consu~aed and obtained a Certificate of Occupancy forthe Senior Citizen Center, and shall have completed the golf course. Within five (5) years of the effective date of this Development Agreement, Owner shall have recorded Parcel Map No. 27314 and have obtained all subsequent development appwvals for the Senior Citizen Housing Development, the Congregate Care Facility, the Sialfled Nursing Facility, and the Personal Care Facility. 4. Within the ten of this Development Agreement, Owner shall have obtained Certificates of Occupancy for all buildings identified in the subsequent development appwvals. Failure to meet any of these deadlines will result in a breach of the D.A., and the City will initiate the reversion of the zoning designation and the General Plan Land Use designation from R-3 and High Density Residential to R-1 and Low Medium Density Residential or Public Institutional. In order w satisfy the Quimby Act requirements which are usually collected prior to the recordafion of the Final Map, the applicant will receive a fifty (50) percent credit towards the construction of the private golf course. The. conceptual site plan for the project (refer w Exhibit "D") shows no public paricing spaces for this facility, therefore, it will be used, exclusively by the residents of the complex. The remaining fifty (50) percent of the Quimby requLrements is satisfied by the construction and dedication of the Senior Center site which will actually exceed the Quimby Act requirements. Both of these facilities wffi be built after twenty-five (25) percent of the dwelling units within the multi-fam~y senior housing complex have received Occupancy Permits and prior to the next Occupancy Permit issuance within this complex. Technically, the developer could have 20 approved foundations for the multi-family senior complex and have $x~TAFIqtFrX27~I4TTM.I~C vgw 4 received the approval for the found_nfion of cithcr the congregate care, the skilled nursing or the p~rsonal care facilities, or have built these three facilities, and not be required to build the senior center or the goff course. Change of Zone No. 21 This Change of Zone from R-R to R-3 was necessary to allow the developer to apply for the entiflements necessary to build the senior housing complex as identified in the D.A. Moreover, this zone change is "conditional" upon the performance of the developer in regards to the development of the site as specified in the Development Schedule of the D.A. (refer to Exhibit "E" of Attachment 6). If the developer fails W satisfy any component of this Development Schedule, the Zoning and the General pinn designations will ~,ert back from R-3 and High Density Residential to R-1 and Low Medium Density Residential or Public Institutional. Tentative Parcel Map No. 27314. Amendtuent No. 2 The proposed map will subdivide the 98.9 acre parcel inW four (4) parcels and a Remainder Parcel. The Senior Center site is located on Parcel No. 1. Dee to the existing Wpogvaphy, the whole site will probably have to be mass graded in order for this parcel W be developed. Otherwise, the parcel by itself will be difficuk W grade and build on. Since the D.A. requires the developer to construct and dedicate the site h3 the City prior w release of the first occupancy permit for the multi-family complex, Staff does not foresee a potential pwblem with the topography. Compatibility with the Surrounding Uses The site will be bordered by existing single-family residential to the north and proposed single- family to the south, and two schools to the east and west. Staff has not been contacted by either of the two Home Owners Associations (HOAs), Villa Avanti to the north and Green Tree to the cast, expressing opposition to the project. Both of these HOAs have been notified of the Public Hearing. However, the Temecuh Valley Unified School District has expressed concern about the project and has requested a Conditional of Approval be added to protect their interests (refer to Condition No. 34 and Attachment No. 11). Staff shares the concerns of the School District since the proposed senior citizen complex will be surrounded by two schools which could impact this pwject. The existing stadium will generate light and noise that will need to be mitigated at the plot plan stage (refer to Condition No.35). ZONING, FUTURE GENERAL PLAN AND SWAP CONSISTENCY The proposed pwject includes a change of zone fwm R-R to R-3. This change will allow the development of the project site as a senior housing complex as dictated within the D.A. The City of Temecuh is supportive of this change of zone since it wffi result in a desirable senior housing pwject consistent with the surrounding land uses. The fffst draft of the preferred land use map shows the project site as Public Institutional since it is now one parcel which covt~in~ the Linfield School. If this project is approved as proposed, the Preferred l~nd Use Map will be mended to show High Density Residential. The SWAP designation for the project site is residential, minimum one acre lot size. The City of Temecula is supportive of the approval of this project since it will result in a desirable senior housing project consistent with the grrot~ding land uses. ENVIRONMENTAL DETERMINATION An Initial Study was prepared for this project and with the adoption of mitigation measures which have been included in the Conditions of Approval, all the anticipated impacts have been reduced to a level of insignificance. Therefore, a Negative Declaration has been prepared and recommended for adoption. TI~ following summaxiz~s the mitigation measures. IMPACT Structures proposed in the Flood plain which has been created as a result of surface drainage entering the site ---- -- Existence of wetlands on the site Adequate provisions shall be 63 made for acceptance and disposal of surface drainage oatering the property from adjacent areas A mitigation measure that is 33 acceptable to the Army Corps of Engineen, Fish and Game and Fish and Wildlife Temecula Valley High School stadium noise and lights These impacts shall be dealt with at the Plot Plan stage and include mitigation measures such as building orientation, building design features such as over hangs, landscaping and sethacks 35 IMPACT Traffic impact of the project on the public stxeet system with 1,610 daily vehicle trips including 130 peak hour uips and the operation of a major intersection at level of service C or better Internal cixeula~on impacts to cars and pedestrians Impacts to FLte Services Impacts to Library Services MITIGATION * Improvements Shall be comple~d w half- width right-of-way width of Rancho Vi~a Road and Pauba Road * Painted m~;dian shall be nxluired with left torn pock~ on Rancho Vista Road and Pauba Road to provide access to the project site * The gate for the multi-family senior complex shall be set back sufficiently to 'allow for stacking of cars * A pedestrian friendly circulation system shah be designed to separate the pedestrian circulation from the auto circulation by linking parking lots~ buildings and recreation areas together by accent paving, crosswalks, lighting, landscaping and signage A $400.00 per dwelling unit fire mitigation fee shall be assessed against the project A $100.00 per dwelling unit library mitigation fee shah be assessed against the project CONDITION NUMBER 44&79 36 & 37 38 21 $XSTAFFRFrX27~I4TVM.PC v~v 7 IMPACT Aesthetics Impact W the surrounding uses =~MI'IIGITION At the Plot Plan stage the architecture and the landscaping of the project Shall take into account the surrounding single family units and schoois and effectively buffer with · 'landscaping or enhance the architecture as deemed necessary by the Planning '=CONDITION NUMBER 39 SUMMARY/CONCLUSIONS The senior citizen complex shall be constructed as specffied in the Development Agreement. At the same time the D.A. prevents the construction of high density apaahaents once the zoning is changed to R-3. The developer has five (5) years to start the construction of the project and fifteen (15) years to complete the project. The construction and dedication of the Senior Center and the construction and operation of the golf course are required after twenty-five (25) percent of the dwelling units within the multi-family senior housing complex have received Occupancy Permits and prior to the next Occupancy Permit issuance within this complex. Stuff feels that the approval of the Development Agreement, Zone Change and the Parcel Map will start the foundation of a senior citizen complex that will receive more detailed review at the Plot Plan stage to ensure the projects consistent with the existing and proposed uses surrounding the site. FINDINGS Development Agreement No. 92-1 1. The City is proceeding in a timely fashion with the preparation of its General Plan. There is a reasonable probability that the D.A. will be consistent with the General Plan proposal presently being considered, since the pwject will be compatible with surrouvding uses and will carry out the polici~ intended for the G-enml Plan. Therefore, there is a reasonable probability that the D.A. will be consistent with the future General Plan. There is litfie or no probability of substavtial detriment to or interference with the future adopted General Plan if the D.A. is ultimately inconsistent with the plan, since this pwject will be compatible with the surrounding uses. 4. The D.A. complies with all other applicable requirements of Stat~ Law and Local OrdinanCes. The environmental impacts of the agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City approvals for the project. No other mitigation measures for environmental impacts created by the project, as presen~y approved shall be required for development of the project unless mandated by lawS. The City may, pursuant to and in accordance with its roles, regulations, and ordinances, conduct an environmental review of subsequent discretionary enfi~ements for the development of the property or any changes, amendments, or modifications to the property. The City, as a result of such review, may impose additional measures (or conditions) to mitigate, as permitted by law, the adverse environmental impacts of such development en~~ement which were not considered or mitigated at the time of approval of the D.A. Change of Zone No. 21 There is a reasonable probability that Change of Zone No. 21 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State Law, due to the fact that the future developmere of the site will be controlled by a Development Agreement which is consistent with City's policies for the new General Plan. There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 21 is ultimately inconsistent with the plan, due to fact that the development of the site will be controlled by a Development Agreement which is consistent with the City's policies for the future General Plan. The project is compatible with surrounding land uses since this project will not have negative impacts on the existing school sites to the east and west and the existing and proposed single-family dwellings to the north and south. The proposal will not have an adverse effect on the environment, since mitigation measures have been incorporated to the project design and conditions of approval to reduce the impacts to a level of insignificance. Tentative Parcel Map No. 27314 There is a reasonable probability that Tentative Parcel Map No. 27314 wffi be consistent with the City's future General Plan, which wffi be completed in a reasonable time and in accordance with State Law. The project, as conditioned, cooforms with existing applicable city zoning ordinances and development standards. There is not a likely probability of substantial detriment to, or interference with the City's future General Plan, if the proposed use is ultimately inconsistent with the Plan, since the future development of the site will be controlled by a Development Agreement which is consistent with the City's policies for the new General Plan. The proposed use or action as conditioned complies with State planning and zoning laws. Reference local Ordinances No. 348, 460; and California Governmental Code Sections 65000-66009 (Plnnnino~ and Zoning Law). The project as designed and conditioned will not adversely affect the public health or welfare since all impacts have been mitigated W a level of insignificance. The project is compatible with sunounding land uses since the proposal will not have a negative impact on the existing school sites to the east and west and the existing and proposed single-fnmily dwellings tO the north and south. The project has acceptable access tO dedicated rights-of-way which are open tO, and useable by, vehicular traffic. The pwject draws access from Pauba Road and Rancho Vista Road, impwved dedicated City rights-of-way. Project access, as designed and conditioned, conforms with applicable City Engineering standards and ordinances. The pwject as designed and conditioned will not ad~,ersely affect the built or natural environment as determined in the Environmental Analysis for this project. 8~ Said Findings are supported by minutes, maps, exhibits and environmental documents associated 'with this application and herein incorporated by referonce, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. STAFF RECOMMENDATION: RECOMMF2N'D Adoption of Negative Declaration for Development Agreement No. 92-1, Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 2; and ADOPT Resolution No. 92- recommending Approval for Development Agreement No. 92-i, Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 2 based on the Analysis and Findings contained in the Staff Report and subject tO the attached Conditions of Appwvai. s~r^n'~T~4rr~.~c ,.~ 10 Attachments: 1. Resolutions - blue page 12 2. Ordinances - blue page 18 3. Conditions of Approval - blue page 19 4. Exhibits - blue page 35 a. Vicinity Map b. SWAP Map co Zoning Map d. Conceptual Site Plan e. Tentative Parcel Map No. 27314, Amendment No. 2 f. Change of Zone No. 21 g. Conceptual Elevations S. Initial Enviromental Study - blue page 36 6. Development Agreement - blue page 53 7. Sections 5.1 and 5.2 of Ordinance No. 348, Rural Residential Zoning Smnclard.~ - blue page 54 8. Sections 8.1 and 8.2 of Ordinance No. 348, General Residential Zoning Standards - blue page 55 9. Sections 18.5 and 18.6 of Ordinance No. 348, Standards for Planned Residential Developments & Planned Residential Developments-Senior Citizens - blue page 56 10. Se~ions 19.101, 19.102 and 19.103 of Ordinance No. 348, Congregate Ca. re Facilities Standards - blue page 57 11. School District Letter - blue page 58 12. Arthur Anderson Study, Development Program Recommendations - blue page 59 13. Miscellaneous Correspondence - blue page 60 s~rr~m~a,r~sa4rm.~c vs~ 11 ATTACHIVIENT NO. 1 RESOLUTIONS s~Amumm~4rn~.~c ~ 12 A'I"fACItlvfI~NT NO. 1 RF, SOLUTION NO. 92- A RF_~OLUTION OF ~ PIANNING COMMISSION OF ~ C1TY OF TEMECUIA RECOMMENDING APPROVAL OF DEVELOPMENT AGIIRk~JI~Fr NO. 92-1, CHANGE OF ZONE NO. 21 TO CHANGE ~ ZONING FROM R-R TO R-3, AND TENTA~ PARCEL MAP NO. 27314, AMk'NDMENT NO. 2 TO SUBDIVIDE A 96,9 ACRE PARCEL INTO FOUR (4) PARC!?-I.Q AND A REMAINDER PARC~..I. LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO VISTA ROAD AND EAST OF TIff.. TEMECULA VALLEY HIGH SCHOOL. WI~.REAS, The Lin~eld School fried Development Agreement No. 92-1, Change of Zone No. 21 and Parcel Map No. 27314, Amendment No. 2 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordlnnnces, which the City has adopted by reference; WHEREAS, said applications were processed in the time and manner prescribed by State and local law; WHE~REAS, the Planning Commission considered said applications on August 17, 1992, at which time interested persons had an opponuhity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said applications; NOW, TFP.~-REFORE, ~ PLANNING COMMISSION OF ~ CITY OF T.'~v[ECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. ~ That the Temecuh Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a genera] plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: 1. The city is proceeding in a timely fashion with the preparation of the general plan. S~TAFFP, Fr~7]14~rM.PC v~ 13 2. The planning agency f'mds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is litfie or no probability of substantial detriment to or interference with the future adopted general plan ff the proposed use or action is ultimately · inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state hw and local ordinances. B. The Riverside County General Plan, as mended by the Southwest Area Community Plan, (heroinafter "SWAP") was adopted prior W the incorporation of Tomecub as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At thi~ thlle, the City has adopted SWAP as its General Plan guidelines while the City is procteding in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending appwval of said applications makes the foBowing findings, to wit: Development Agreement No. 92-1 General Plan. The City is proceeding in a timely fashion with the preparation of its 2. There is a reasonable probability that the project will be consistent with the general plan proposal presently being considered, since the project will be compatible with surrounding uses and will carry out the policies intended for the General Plan. 3. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the pwject is ultimately inconsistent with the plan, since this pwject will not have a negative impact on the surrounding uses. 4. The projea complies with all other applicable requirements of state hw and local ordinances. 5. The environmental impacts of the agreemere have been reviewed' and all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City approvals for the pwject. 6. No other mitigation measures for environmental impacts created by the project, as presen~y appwved shall be required for development of the project unless mandated by laws. S~STAFI~'FI'~r~i4TIq~.!sC ~ 14 7. The City may, pursuant to and in accordance with its rules, regulations, and ordinances, conduct an environmental review of subsequent discretionary entitlemenU for the development of the pxuyerty or any ChnngeS, amendments, or modifications to the property. The City, as a result of such review, may impose additional measures (or conditions) to mitig~ate as permitted by law the adverse environmental impacts of such development en~~ement which were not considered or mitigated at the time of appn3val of the project. Change of Zone No. 21 1. There is a reasonable probability that Change of Zone No. 21 will be consistent with the City's future General Plan, which wffi be completed in a reasonable time and in accordance wiffi State Law, due w ~e fact that ~e future development of ~e site will be controlled by a Development Agreement which is consistent with City's policies for the new General Plan. 2. There is not a likely pwbability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 21 is ultimately inconsistent with the plan, due to fact that the development of the site will be controlled by a Development Agreement which is consistent with the City's policies for the future General Plan. 3. The project is compatible with surrounding land uses since this pwject will not have negative impacts on the existing school sites to the .east and west and the existing and proposed single-family dwellings to the north and south. 4. The proposal will not have an adverse effect on the environment, since mitigation measures have been incorporated into the project design and conditions of approval to reduce the impacts to a level of insignificance. Tentative Parcel ~ No. 27314. Amendment No. 2 1. Them is a reasonable probability that Tentative Parcel Map No. 27314,' Amendment No. '2 will be consistent with the City's future Genera/Plan, which will be completed in a masonable time and in accordance with State hw. The project, as condi~oned, conforms with existing applicable city zoning ordinances and development standards. 2. There is not a likely probability of substantial detriment W, or interference with the City' s future General Plan, if the proposed use is ultimately inconsistent with the Plan, since the future development of the site will be controlled by a Development Agreement which is consistent with the City's policies for the new General Plan. 3. The proposed use or action as conditioned complies with State planning and zoning laws. Reference local Ordinances No. 348,460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). health or weftare. The project as designed and conditioned will not adversely affect the public S~TA~|4~I'M'isC YEw 15 5. The project is compatible with surrounding land uses since the proposal will not have a negative impact on the existing school sites to the east and west and the existing and proposed single-family dwellings to the north and south. 6. The project has acc,~pmble access to dedicated rights-of-way which are open to, and useable by, vehicular traffic. The project draws access from Pauba Road and Raneho Vista Road, improved dodicaWd City tights-of-way. Project access, as designed and conditioned, conforms with applicable City Engineering slandards and ordinances. 7. The pwject as designed and condi~oned will not adversely affect the bU~t or natural environment as determined in the Environmental Analysis for this project. · 8. Said findings ale suppolXed by minutes, maps, exhibits and environmental documents associated with this application and heroin incoxporated by reference, due to the fact that they are referenced in the attached Staff P,~pott, Exhibits, Environmental Assessment, and Conditions of Approval. F. As conditioned pursuant to SECTION HI, the Parcel Map proposed is compatible with the health, safety and welfare of the community. Section 2. Environmental Conlpliance. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment wiffi the incorporation of the mitigation measures into the project design, and a Negative Declaration, is hereby granted. Section 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Development Agx~ment 92-1, Change of Zone No. 21, and Tentative Parcel Map No. 2731,~, Amendment No. 2 located at north of Pauba Road, south of Ranthe Vista Road and east of the Temecula Valley I-I~gh School subject to the following conditions: A. Attachment No. 3, attached hereto. Section 4. PASSED, APPROVED AND ADOPTED this 17th day of August, 1992. JOHN E. HOAGLAND CHAIRMAN s~sT^FF~a~z73~,rr~.~c ~w 16 I I:ik'~ERy CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 17th day of August, 1992 by the following vote of the Commission: AYF, S: NOF_.S: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: S~TAFFR.Pl'X27]I41'l'M.l"C vl~ 17 A'i-rA~ NO. 2 ORDE",IANCES s~Amu, n~4~r~.~c ~ 18 D~L~,TED BY STAFF ATTACRIVIENT NO. 3 CONDITIONS OF APPROVAL s~r^n~.rx2'n~4rru.~c ~ 19 CITY OF T,~IECULA CONDITIONS OF APPROVAL Tentative Parcel Map No: 27314, Amendment No. 2 Project Description: A request to subdivide a 96.9 acre parcel into 4 parcels and a remainder parcel. Assessor's Parcel No.: 946-070080 PLANNING DEPARTlvI'ENT The tentative subdivision shall comply with the State of California Subdivision Map Act and w all the requirements of Ordinance 460, unless modified by the conditions listed below. A lime e~tension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two yeats after the approval date, unless extended as provided by Ordinance 460. The expiration date is Any delinquent property taxes Shall be paid prior to recordation of the Final map. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a City maintained mad. Subdivision phasing, ff applicable, shall be subject to Planning Department appmvai. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivisio~ approval. A Homeowners Association shall be established for maintenance of Open Space/Common Area and the developer/applicant shall pay for all costs relating to establishment of the Homeowners Association. A copy of the final grading plan shall be submitted to the Planning Depal'tment for review and appmvai. All on-site cut and fill slopes shall: Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of thirty (30) feot. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height. B. Be contour-graded to blend with existing natural contours. 10. 11. 12. 13. 14. 15. 16. 17. C. Be a part of the downhill lot when within or between individual lots. AH slopes over three (3) feet in height shah be landscaped and irrigated 'according to the City Development Code. A detailed landscaping and irrigation plan, px~npared by a qualffied professional, shrill he $ubllxitted to the City pinnning Department for review and approval prior to issuance of building permits. The applicant shall comply with the environmental health recommendations outlined in the County Health Depamnent's Wansmittal dated July 1, 1992, a copy of which is atmched. The applicant shall comply with the fife improvement recommendations outlined in the County Fire Depamnent's lener dated May 4, 1992, a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plall. The applicant shah comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated March 12, 1992, a copy of which is attached. The developer sh311 be responsible for maintenance and upkeep of all slopes, landscaped areas end irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. The applicant shall comply with the recommendations outlined in the Rancho Water transmittal dated May 7, 1992, a copy of which is attached. The applicant shall comply with the recommendations outlined in the RTA Wansmittal dated March 2, 1992, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Temecula Community Services District transmittal dated August 12, 1992, a copy of which is attached. Prior W recordation of the fmal map, an Environmental Constraints Sheet (F, CS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently fried with the office of the City Engineer. A copy of the ECS shall be trausmitted to the Planning Dep~uiuient for review and appwval. The appwved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Depamnent of Building and Safety. The following notes shall he phced on the Environmental Constraints Sheet: A. This property is located within thirty (30) miles of Mourn Palomar Observatory. s~n=pzm'u~z4~rM.~ ~ 21 A fifty (50) foot wide easement Shall be recorded on both sides of the wetland habitats as identified in the Biological Report and shall be designated a biological open space. The area within this easement may be incoxporated into th~ design of the golf course. C. Drainage easements shall be kept free of buildings and obstructions. D. The 100-year ~OOdphin area shall be delineated. 18. Prior to the issuance of BUILI~ING PER_MII'S the following conditions shall be satisfied: Prior to the issuance of building permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. Wall plans shall be submitted for the project perimeter and along ~ Road. Wooden fencing shall not be allowed on the perimeter of the project. All lots with slopes leading down from the lot shall be provided with gates in the wall for maintenance access. I-nndscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Where street trees cannot be planted within fight-of-way of interior streets and project parkways due to insufficient road fight-of-way, they' shall be planted outside of the road right-of-way. Landscaping plans Shall incorporate native and drought tolerant plants where appropriate. s~^FFaimzm4rr~.~c ,~ 22 All existing specimeu uees and siguificant rock outcroppings on the subje~:~ property shall be shown on the project's grading plans and shall note those to be removed, relocated and/or ruralned. je AI] tl'eos shall be minimum double staked. Weaker and/or slow growing trees shall be steel 19. Prior to issuance of GRAnING PER1VrrrS the following conditions shall be satisfied: ff the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent d~tailed grading plans for individual phases of development and shmll include the following: (1) Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Appwximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through Ma~h. (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a panicu~r phase. All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet in vertical height shall be contour-graded incorporating the following grading techniques: (1) (2) The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. (3) The toes and tops of slopes shall be muaded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Prior to the issuance of grading permits, the developer shall provide eviden~ to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Dir~tor of Building and Safety. s~r^nuum2n~4rrM.~c ,~ 23 20. Prior to the issuance of a grading permit, the applicant Shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant Shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to issuance of grading permits, erosion control landscaping shall be provided consistent with Ordinance No. 457.75. An overall conceptual landscape plan shall be submitted to the Planning D~0~uhnent for approval prior to issuance of any grading permits. This plan shall highlight all the a~as which will be landscaped including front yards, slopes within individual lots, common area slopes/open space, goff course, street parkways, e~. Construction landscape plann for each phase shall be submitted for approval to the planning Department prior to issuance of any building permits for that phase. All common ax~a landscaping for each phase shall be installed prior to issuance of the final for any building in that phase. Prior to the issuance of grading permits, a qualified paleontologist Shall be retaj~ed by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts'. Should the paleontologist fred the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. 2 1. Prior to the issuance of BUrr-~ING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's-in-interest provide~ evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. All building plans for all new structures shall incorporate, all required elements from the subdivision's approved fife protection plan as approved by the County Fire Marshal. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant (Class A) roofs as approved by the Fire Marshal. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be pertained with Planning Department approval. S'~rA~I4~I'M.],C v~ 24 E. Building se~ration between all buildings including fireplaces shall not be less than ten (10) feet. 22. 24. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planling, interim landscaping and erosion coaltel measures shah be utilized as approved by the P!~nning Director and the Director of Building and Safety. All landscaping and irrigation shah be installed in accordance with appwved plans and Shall be verified by City field insp~tion. Prior to the issuanc~ of an occupancy permit, the applicant slmll enter into an agreement with~ for the refuse service to include the u,~li:.~tion of a small pick-up ~uck equipped with a lift mechanism in order to move the covtniners out and back into the project; thus, prohibiting the entering of large refuse trucks into the project. Said agreement shall be Submitted to the Planning Director for approval. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any clalm~ action, or proceeding against the City of Tmecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 27314, Amendment No. 2, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecuh and will cooperate fully in the defense. ff the City fails to promptly notify the subdivider of any such claims action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold lmnnless the City of Temecuh. The developer shall make a good faith effort to acquire the required off-site prol~rty interests, and if he or she should' fail to do so, the developer shall at least 120 days prior to submiUal of tim final map for approvai, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. Such agreement slmll provide for payment by the developer of all costs incurred by the City to acquire the off- site property interests required in connection with the subdivision. Security of a portion of these costs simll be in the form of a cash deposit in the mount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. S~TAFFILl"B27314TTM.I'C vl~ 25 25. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements pwvided as requixed, and designed and constructed in accordance with City Codes and the utility provider. Telephone, able. 'IV, and/or security systems shall be prz-wLred in the residences. 26. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Covenants, Conditions and Restrictions/Reciproal Access Easements: 27. 28. 29. 30. The' Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and appwved by the Philtuning I)q3fuhuent prior tO finni approval Of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. 32. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or slmlhr entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common aleas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintaill, nil of said mutually available features of the development. Such entity shall operate under recorded CCIR's which Shnll include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repain, and services. Recorded CC&R's shall permit enforcement by the City of i'mvisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive appwval of, the City prior to ranking any such sale. This condition shall not apply to land dedicated to the City for public puxposes. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association, owning the common areas and facilities. All existing specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or rapheed with specimen trees as appwved by the Planning Director. Within forty-eight (48) hours of the appwval of the project, the applicant/developer shall deliver W the planning Department a cashiers check or money order payable W the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollan ($1,275.00), which includes the One Thousand, Two Hundrexi, Fifty Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Twenty°Five Dollar ($25.00) County administrative fee W enable the City W the Notice of Determination required under Public Resources Code Section 21152 and SXSTAFFRFT'~7314TT/d,PC 26 33. 34. 35. 36. 37. 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). The applicant Shall consult the Army Corps of Engineers and the California Depazhuent of Fish and Cvamc prior to designing the site plan for the project to mitigate the impacts to the wetlands as identified in the Figaro 2 of the Biological Report which includes the unvcgetated alluvial wash and the Southern Willow Scrub. A proof of this consultation shall be subnlitted to the planning Depal~nent alefig with the Plot Plan or Conditional Use Permit applications. These applications shall not be deemed complete without the proof of consultation with both of these agencies. A full disclosure shall be made to all prospective residents, whether buyers or tenters, that the existing Temecula Valley High School foottall stadium, tennis courts and other rehted facilities will be used ext~.~ively for ball games, practices, rock concerts and community activities. These events occur during both the daytime and evening hours and will generate considerable noise and light. The Temecula Valley Unified School District will not accept responsibility for the impact that these activities may have on the neighboring complexes, nor will any of these conditions be subject to mitigation by the district. The disclosure shall be made at the time of initial marketing and through individual grant deeds. The specific form of the disclosure shall be approved by the Planning Director and the City Attorney prior to issuance of building permits. The proposed projea will be impacted by the Temecuh Valley High School stadium noise and light. The following shall be implemented prior to appwval of any Plot Plans or Conditional Use Permits: A noise study shall be submiRed. This study shall examine the impact of the stadium on the proposed residences. Mitigation measures shall be included in the study including but not limited to building setbacks from the westerly property line, .walls, landscaping, building orientation and building design. These mitigation measures shall reduce the maximum interior noise level to 45 Ldn and the exterior noise level w 65 Ldn. Mitigation measures shall be incorporated into the project design including but not limited to building setbacks from the westerly property line, walls, landscaping, building orientation and building design. These mitigation measures Shall reduce the impact to a level of insignificance as determined by the phnning Director. The enWance gateqW the private roads in the multi-family senior complex, ff prOposed, shall be setback sufficiently to allow for stacking of cars to avoid blocking the right-of- way. This condition shall be complied with prior to approval of the Plot Plan. A pedestrian friendly circuh~on system shall be designed to separate the pedestrian and auto circuhtions by linking parking lots, building and recreation areas together by accent paving, cross walks, lighting, landscaping and signage. 38. A $400.00 per dwelling unit fife mitigation fee shall be assessed prior to issuance of building permits. 39. The archit~zture and th~ landscaping of the project shall take into account the surrounding single-family units and schools and effectively buffer them with landscaping or create a pleasing facade to the neighboring properties especially the single-family units. 40. The development of thi~ project sha!] comply with Development Agn~ment No. 92-1. PUBLIC WORKs DEPARTMENT The following are the Depanmant of Pubic Works Conditions of Approval forthis project, and shall be completed at no cost to any Government Agoncy. All questions regarding the true meaning of the conditions shall b~ referred to the appropfiat~ staff person of the Department of Public Works. It is understood that the Subdivider has corr~tly shown on the tentative map all existing and proposed easements, traveled ways, improvement constraints and dr~_inage courses, and their omission may require the project to be resubmitted for further r~view and revision. PRIOR TO RECORDATION OF THE FINAL MAP: 41. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. 42. As deemed necessary by the Depa~iaient of Public Works, the developer shall receive written clearance from the foliowing agencies: Rancho California Water District; l~-astem Municipal Water District; Riverside County Flood Control district; City of Temecuh Fire Bureau; Planning Department; Deponent of Pubnc Riverside County Health Department; CATV Franchise; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southern California Gas Company. 43. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. S~$TA~I4Trl~I.i~C vlw 28 46. 48. Pauba Road and Rancho 'Vista Road shal] be improved with a haft-width of 32 feet of asphalt concrete pavement, or bonds for the sh=et improvements may be posted, within the dedicated fight-of-way in accordance with City Standard No.102, (88'/64'). In the event road or off-site fight-of-way aze required to comply with these conditions, such easements shah be obtained by the developer; or, in the event the City is requh'ed to condemn the easement or ~ght-of-way,'as provided in the Subdivision Map Act, the developer shall enter intO an agreement with the City for the acquisition of such easement at the developer's cost pursuant to Government Cede Section 66462.5, which shaJJ be at no cost to the City. Vehicular access shrill be restricted on Pauba Road and Rancho Vista Road and' so noted on the finnl map with the exception of access points and street intersections as shown on the tentative map and as approved by the De~t~ent of Public Works. An easement for a joint use driveway between shall be provided between parcels 3 and 4 prior to approval of the Final Map or issuance of building permits, whichever occurs first. ~s~ements, when required for roadway slopes, landscape easements, drainn~e facilities, UtilitieS, etc., shnli be shown on the final map if they al~ located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the Department of Public Works. A declaration of Covenants, Conditions and Resd-ictions (CC&R's) shall be p~red by the developer and submitted to the Director of PlannlnE, City Engineer and City Attorney. The CC&R's shnll be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CC&R's shaXl be reviewed and approved by the City and recorded. The CC&R's shall be subject to the following Engineering conditions: A. The CC&R's shall be prepared at the developer's sole cost and expense. The CC&R's shall be in the form and content appwved by the Director of Planning, City Engineer and the City Attorney, and shah include such pwvisions as ar~ required by this approval and as said officials deem necessary to pwtect the interest of the City and its residents. The CC&R's and Articles of Incorporation of the PKuyerty Owner' s Association are subject to the approval of Planning, Deparunent of Public Works, and the City Attorney. They sh~l! be recorded concurrent with the final map. A recorded copy shall be pwvided to the City. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of aH common areas, drainage and rehted facilities. s~r^mun'~,4vru.~c ,~, 29 50. 51. 52. 53. The CC&R's shall provide that the property shall be developed, operated and m~imalned so as not to create a public nuisance. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the. property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. 1. All parkways, open areas, onsite slopes and landscaping shall be permanently mainmlned by the association or other means acceptable to · th~j City. Such proof of this maintenance shall be submitted to .Planning ~ d the Depaalment of Public Works prior to iss,,ance of building permits. 2. Reciprocal access easements and maintenance agreements ensuring access ' t~ all paxe.~ and joint mainmane~ of all macis, drives or parking areas ~be provided by CC&,R's or by dee~ and shall be recorded concurrent with the map, or prior to the issuance of building permit where no map is involved. The subdivider shall construct or post security and an aga~ement shall be executed guaranteeing the construction of the foBowing public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavemere, curb and gutter, sidewallc% drive approaches, street lights, signing, striping, and other traffic control devices as appropriate. B. Storm drain facilities. C. I ~ndscaping (sUeet.parkway and slope protection). D. Sewer and domestic water systems. E. Undergrounding of proposed utility distribution lines ff required. The street design and improvement concept of this project shall be coordinated with adjoining developments. Street lights shall be provided along streets adjoining the subject site in accordance with the requh'ements of Ordinance No. 461 and as approved by the Department of Public Works. Prior to recordation of the final map, the developer shall deposit with the Department .of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal 54. 55. 56. 5~, 58. 59. 61. 62. 63. mitigation fee, he may enter into a writ~n agreement with the City deferring said payment to the time of issuance of a building permit. All street and driveway centerline intersections Shnll be at 90 degrees or as appmved by the Depamnent of Public Works. Improvement plans shall be based upon a cont~rline profile extending a minimum of 300 feet beyond thB proje~:t boutantics at a grade and alignment as approved by the Department of Public Works. A minimum centcrIme street grade Shrill be 0.50 per~nt. All driveways shall conform to the applicable City of Temeeula standards and shall be shown on the sU~t improvement plans in accordance with City Standard 207A and 401 (curb sidewalk). The subdivider shall submit two (2) prints of a comprehensive grading plan to the Department of Public Works either prior to recordation of the final map or prior to grading permit. The plan shall .comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" roylax by a Registered Civil Engineer. A geological report shall be p~red by a qualified engineer or geologist and submitted as directed by the Dep~ulment of Public Works at the time of application for grading plan check. The subdivider shall submit two (2) copies of a soils x~ort to the Department of Public Works at the time of application for grading plan cheek. The report shall address the soils stability and geological conditions of the site. A drainage study shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as required by the Department of Public Works. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstruction." Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. l~otection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. The developer shall l'~,ord an Environmental Constraint Sheet delineating the area within the DO-year floodplain. s~r^mnu,r~,~rr~.~ ~ 31 66. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shrill be installed to CATV Standards-at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: Prior m is~mnce of a grading permit, developer must comply with the requirements of the National PoHutant. Discharge l~limina~on System (I~PDFS) permit from the State Water Resources Control Board. No grading shall be permitted until a I',rPDF. S clearance is granted or the project is shown to be exempt. 68. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. 69. A grading permit shall be obtained from the Depatlment of Public Works prior to commencement of any grading outside of the City-maintained road right-of-way. · 70. No grading shall take place prior to all related improvement plans being substantially complete, appropriate clearance letters have been obtained, and approval of the grading plan has been granted by the DepauUuent of Public works. 71. If grading is to ~e place between the months of October and April inclusive, erosion control and runoff mitigation plans wffi be requited. All plans shall be submitted with appropriate notes as directed and approved by the Department of Public Works. 72. Prior to any grading permits being issued a flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rote multiplied by the area of new development. The charge is payable to the Flood Control District and proof of payment must be submitted to the City prior to issuance of permits. ff the full Area Drainage Plan fee or mitigation charge has already credited to this propen'y, no new charge needs to be paid. 73. A permit from the County Flood Control District is required for work within their right- of-way. PRIOR TO BU[I,DING PERMIT: 74. A precise grading plan shall be submitted to the Department of Public Works for review and approval prior to the development of any parcel. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 75. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. sxs~^vvmm:Tsurr~.~c ,~ 32 76. Developer shall pay any capital fee for wad improvements and public facilities impused upon the property or project, including that for traffic and public facility mitigation as required under the amYNegative Declaration for the project. The fee'to be paid shall be in the mount in effect at the time of payment of the fee. ff an interim or fmai public facility mitigation fee or district has not been finally established by the date on which developur requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing thi, Agreement, developer shall post security to secure payment of the Public Facility fee. The mount of the security shall be $2.00 per squa~ foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the mount of such fees). By execution of this Agreement, developer will waive any fight to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; nrovided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCB OF CERTIFICATES OF OCCUPANCY: 77. Construct full street improvements including but not limited tO, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 78. Existing city wads requiring construction shall remain open to traffic at all times with adequate detours during construction. Traffic control plans shall be pwvided as dLrected by the Department of Public Works, and may be required to be prepared by a registered Civil Engineer. Transportation Engineering PRIOR TO RECORDATION OF THE FINAL MAP: 79. A signing and striping plan slmll be designed by a registered Civil F_.ngineer and approved by the Department of Public Works for Pauba Road and Rancho Vista Road and Shall be included in the street improvement plans. 80. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 81. Bus bays will be provided at all existing and future bus stops as determined by the D~partment of Public Works. s~rAmunv~4~r..~c ,~ 33 PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMrxS: 82. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any s~et closure and detour or other disruption to tnffic circulation as required by the Department of Public Works. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 83. All signing and striping shall be installed per the appmvcd signing and striping plan, 84. Landscaping shall be limited in the comer cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance. July 1, 1992 CITY OP TEMECULA 4~174 Business Park Drive Temecula, CA 92~e0 ATTN: Saied Naaseh: RE: TENTATIVE TRACT MAP NO. 27314: BEZN8 A PORTION OF THE RANCHO TENECULA, AS BRANTED BY U.S. BOVERNMENT TO LUIS VIGNES BY PATENT DAJr_U 1-18-1~60, AS SHOWN BY LIBER 1, PAGE 579 RECORDS OF SAN DIEGO COUNTY, AN PARCELS 1,2,&5 OF PARCEL; MAP B3/~7-100 RECORDS OF RIVERSIDE COUNTY, LOCATED IN THE CITY OF TEJ~ECULA, CALIFORNIA, (4 LOTS) Dear Gentlemen: The Department of Environmental Health has reviewed Tentative Tract Map No. 27314 and recommends: A water system shall be installed according to plans and specifications as approved by the water company and the Health Department. Permanent prints of the plane of the water eystem shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet, along with the original drawing to the County Surveyor. The prints shall show the internal pipe diameter, location valves and +ire hydrants; pipe and joint specifications, an~ the size o+ the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 o+ the Cali+ornia Health and Safety Code, Cali+ornia Administrative Code, Title Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State o+ California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in Tract Map 27514 is in accordance with the water system expansion plans o+ the Rancho California Water District and that the water services, etorage, and distribution system will be adequate to provide water service to such Tract Map." ATTACHMENT NO. 3 EXHIBITS R:~S\STAFFRFI~27314.PC 2/24/~3 klb 32 CITY OF TEMECULA CASE NO.: Development Agreement No. 92-01 ~ Change of Zone No. 21 Tentative Parcel Map No. 27314, Amendment No. 3 E~X/HRIT: A · 2. DATE: March 1, 1993 SITE PLAN R:\S~STAFFRPT~27314.FC 2/24193 CITY OF TEMECULA CASE NO.: Development Agreement No. 92-01 Change of Zone No. 21 Tentative Parcel Map No. 27314, Amendment No. 3 EXIHBIT: B TENTATIVE PARCEL MAP P.C. DATE: March 1, 1993 R:\S\STAFFRPT~27314.l~C 2/24/93 klb ATTACHMENT NO. 4 INITIAL ENVIRONMENTAL STUDY R:\SXSTAFFRPT',27314,pC 2i24/93 klb 33 CITY OF TEMECULA PLANNING DEPARTMENT I H BACKGROUND Name of Proponent: Address and Phone Number of Proponent: Lin~eld Christian School 31950 Pauba Road Temecula, CA 92592 3. Date of Environmental Assessment: 4. Agency Requiring Assessment: June 20, 1992 CITY OF TEMECULA 5. Name of Proposal, if applicable: 6. LoCation of Proposal: ENVIRONMENTAL IMPACTS N/A Surrounded by Pauba Road to the south and Rancho Vista Road to the north and 700 feet east of Margarita Road (Explanations of all answers are provided on attached sheets.) Yes Maybe N__o 1. Earth. Will the proposal result in: Unstable earth conditions or in changes in geelogic substructures? Disruptions, displacements, compac- tion or overcovering of the soil? X Substantial change in topography or ground surface relief features? The destruction, covering or modi- fication of any unique geologic or physical featores? R:\S\STAFFRPT\27314.1ES 2/23/93 klb Any substantial increase in wind or water erosion of soils, either on or off site? Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the.bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, Found failure, or similar hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? · C. Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff?. Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? R:\S\STAFFRPT~27314.1ES 2~23~93 klb YeS Maybe N__Qo X X X X Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow of ground waters? Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Plant Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, or endangered species of plants? Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Substantial reduction in acreage of any agricultural crop? Yes Maybe N__Q X _ _ X X X X R:\S\STAFFRPT~27314.1ES 2~23~93 klb 10. Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles,' fish and shellfish, benthic organisms or insects)? Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a. Increases in existing noise levels? Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticicles, chemicals or radiation) in the event of an accident or upset conditions? Yes Maybe N_.Qo X X R:\S\STAFFRPT~27314.1ES 2/23/93 Idb 11. 12. 13. 14. Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? Effects on existing parking facili- ties, or demand for new parking? Substantial impact upon existing transportation systems? Alterations to present patterns of circulation or movement of people and/or goods7 Alterations to waterborne, rail or air traffic? . f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools7 d. Parks or other recreational facilities? R:\S\STAFFRPT\27314.1ES 2/23/93 klb Yes Maybe N._fl _ _ X X X X X X X X 15. 16. 17. 18. Maintenance of public facilities, including roads? f. Other governmental services: Energy. Will the proposal result in: Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? Utilities. Will the proposal result in~ a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f, Solid waste and disposal? Human Health. Will the proposal result in: Creation of any health hazard or potential health hazard (excluding mental health)? Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? R:\S\STAFFRPT~27314..IE$ 2123/93 klb Yes Maybe N__Q X X X X X X X 19. 20. 21. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Cultural Resources. Will the proposal result in the alteration of or the destruction of a prehistoric or. historic archaeological site? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? Mandatory Findings of Significance. Does the project have the potential to .degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have the potemial to achieve short-term, to the disadvantage of long-term, environ- mental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the filmre.) Yes Maybe N_,_Qo X X R:\S\STAFFRPTX27314.1ES 2/23193 klb Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effe~ of the total of those impacts on the environment is significant.) Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? Yes Maybe No __ __ X R:\S\STAFFRP'I~27314.1ES 2/23/93 klb HI DISCUSSION OF THE ENVIRONIVIENTAL EVALUATION Earth 1.a. 1.b. 1 .c.d. 1.g. Air 2.b. 2.c. No. The proposed project is not anticipated to cause changes in geologic substructures and create unstable earth conditions. Since this approval does not provide entitlements for structures, no mitigation measures are necessary at this point~ However, the Public Works Department is responsible for implementation. of necessary mitigation measures prior to issuance of Fading permits to insure stable earth conditions for the project. Yes. The approval of this project will not cause disruptions, displacements, compaction or overcovering of the soil. The ultimate development of this site will eventually cause these conditions. However, these conditions will not cause a substantial impact on the environment as no substantial changes in topography are necessary. No. The project site does not contain unique geologic or physical features as determined by a site inspection. Therefore, no substantial changes in topography or ground surface relief features will result. There is no substantial environmental impact, Maybe. The ultimate buildout of the project may result in wind and water erosion of soils as a result of grading. However, standard mitigation measures during the grading stage including watering the disturbed areas to prevent dust and proper erosion control during and after the grading will reduce the impacts to a level of insignificance. No. The site drainage for this project will be channeled through existing improvements and the runoff from this project is not anticipated to cause any offsite erosion. No significant impacts are anticipated. No. The project site is not located in an earthquake, landslide, mudslide, ground failure hazard zones as determined in the Southwest Area Plan (SWAP). No significant impacts are anticipated. No. The construction equipment associated with the construction of the project and the traffic generated by the ultimate residents and user's of the project are the major contributors to air emissions, However, these impacts are not considered significant since the construction is for a limited time only and the traffic generated from a senior housing project is not significant. No. Objectionable odors are usually associated with cornmerciai and industrial uses. Since this project is exclusively residential in natore there are no significant impacts. No. Due to the size of the project site and its location within the South Coast Air Basin, the alteration of air movements, moisture or temperature, or any change in climate would not occur in conjunction with the ultimate development of the proposed project. No significant impacts are anticipated. R:\S\STAFFRPT~27314.1ES 2/23/93 kib Water 3.a. 3.b. 3.c. 3.d. 3.e. 3.f. 3.g. 3.h. 3.i. Plant Life de.a.C. No. The ultimate development of the proposed project will not result in increased storm water flows in any marine or fresh waters. No significant impacts are anticipated. Yes. By covering the project site with concrete, asphalt and landscaping, the absorption rate of the site under existing conditions would be reduced and the mount of surface runoff would be increased. The existing 120 inch storm drain is sufficient to carry this runoff; therefore, no significAmt impa~ts are anticipated. Maybe. Theultimatebuildoutoftheprojectwillresultinconstructionofdwellingunits in the flood plain. The pads for these dwellings will be elevated above the flood plain. No significant impacts are anticipated to the course or flow of flood waters. No. The construction of impervious surfaces on the project site will not substantially alter the existing drainage patterns nor proposed drainage patterns because of the size and location of the project. No significant impacts are anticipated. No. Stormwater runoff and possibly irrigation runoff from the proposed project would ultimately flow into the Santa Margarita River. Runoff pollutants will be typical of those of urbanized areas, including motor oil, pestieides, herbicides and fertilizers. This impact will be mitigated by the clearance issued by the State Water Resources Control Board. This clearance will insure compliance with the National Pollutant Discharge Elimination System (NPDES). No significant impacts are anticipated. No. The runoff from the project is conveyed to Murrieta and Temecula Creeks which flow into the Santa Margarita River. Both Murrieta and Temecula Creeks and the Santa Margarita River recharge the ground water in the Murrieta-Temecula basin. The runoff from this project is not anticipated to change the direction or rate of flow of ground waters. No significant impacts are anticipated. No. The project site is within Rancho Water District and will not draw from the ground water for their everyday use. Therefore, no significant impacts are anticipated. No. Rancho Water District has indicated the availability of water to serve this project. Therefore, there is no potential for substantial reduction in the availability of water. No. significant impacts are anticipated. Maybe. A portion of the project site is within the flood plain. However, the project will be conditioned to construct the dwelling units above the flood plain limit per the FEMA standards which will mitigate any impacts to people and property from water related hazards such as flooding. No significant impacts are anticipated. Yes. The Biological Assessment prepared for the project site determined existence of Non-U.S. waters weftand on the site. The project is conditioned for obtaining clearances from Fish and Game and Army Corps of Engineers prior to approval of any development R:\S\STAFFRPTX27314.1ES 2~23~93 klb 4.b.c. Anlm~l Life 5.a. 5.b. Noise 6.a. 6.b. applications. The project in general will introduce new species of plants and will eliminate the native plants present at this time. However, none of the ~xisting species are considered sensitive. No significant impacts are anticipated. No. The proposed project will not reduce the numbers of any unique, rare, or endangered species of plants as determined by the Biological Assessment. The project site is not presently be'me used for agricultural purposes; therefore, no significant impacts are anticipated. Maybe. The ultimate development of the site may eliminate some of the native animals on the site however, some may survive in an urban environment. The only additions to the animal life are expected to be household pets. The impact of this development is not considered significant for this category. No. The biological study recommended a focused K-Rat survey which identified no Steven's Kangaroo Rats on the site. No other sensitive or endangered species were identified on the site by the biological study. Therefore, no significant impacts are anticipated. No. Since there is no significant habitat for any sensitive species other than the wetland there is no significant impact. The weftands will be protected by two fifty (50) foot easements and will be incorporated into the design of the golf course. No. The ultimate development of the site will not significantly increase the existing noise levels. The short term impacts are associated with the construction of the project and the long term impacts will mostly result from the traffic generated by this project. Due to the size and location of this project these impacts are not considered significant. Maybe. The proposed project abuts an existing high school stadium. The noise generat~a:l from this stadium is expected to impact at least a portion of the senior housing project. Since the exact location and type of the dwelling units is not known at this time, a detailed noise study will be required to mitigate the impacts of the stadium noise on this project. The mitigation measures may include building orientation, design features, landscaping, etc. No significant impacts are anticipated. Light and Glare No. The project will not result in a significant increase in the light and glare of the area. Furthermore, the project will be conditioned to comply with Mt. Palomar lighting requirements. All lights will be conditioned to be directed on site, therefore, reducing the impact on the neighboring properties to a level of insignificance. R:\S\STAFFRPT~27314.1ES 2/23/93 klb The light and glare produced from the 'high school stadium will impact this project which has been conditioned to deal with this impact. The conditions will be enforced at the plot plan stage and include building orientation, building design, setbacks, etc. Land Use Yes. This project includes a zone change from R-R to R-3. The R-R zoning designation permits low density single family development with minimum .5 acre lots and a variety of commercial uses. The R-3 zoning designation will create high density senior housing and the supporting us,es which will be dictated by the Development Agreement. This change will not result in a significant impact because of the low impact nature of senior housing. Natural Resources 9.a.b. No. Implementation of the proposed project would increase the rate of consumption of both renewable and nonrenewable natural resources during construction and project operation. Natural resources consumed during construction would be aggregate materials, timber, and energy resources for on-site construction equipment and for transport vehicles which would bring supplies to the site. At build out, energy resources required during project operation would include gasoline, natural gas for heating and cooling, electricity for lighting, and appliances. As all of these resources are readily available commercially, the proposed project would not have a significant impact on natoral resources. Risk of Upset 10.a. No. The proposed project is residential in nature and it is not expected to house any material with the potential for an explosion or the release of hazardous substance. The gasoline in the tanks of the residents' and the visitors' cars and the pesticicles used for maintenance of the landscaping are not expected to create significant impacts. 10.b. No. The proposed project will be reviewed by the Fire Depa~'tment at the Plot Plan stage; therefore, all response time and emergency vehicle turnarounds will be examined at that stage. No significant impacts are anticipated. Ponulation ll.a. No. The ultimate build out of the project will increase the senior citizen population in the project vicinity. This increase could be in the form of out of town residents moving into the city, relocation of Temecula residents in the area or a combination of the two. This impact is not expected to be Significant. Homing_ 12. Yes. This project will have a positive impact on the housing in the region since it will provide additional housing for senior citizens. No negative significant impact is anticipated. R:\S\STAFFRPT%27314,1ES 2123/93 klb Transportation/Circulation 13.a.c. Maybe. The project will generate approximately 1,610 daily vehicle trips, 130 of which are expected to occur during the evening peak hour. According to the traffic study, the major intersections impacted by this project will operate at Level of Service C or better. No significant impacts are anticipated since mitigation measures have been incorporated into the project. These mitigation measures include improving Pauba Road and Rancho Vista Road bordering the project to their ultimate half-section widths as secondary highways (88 feet right-of-way) in conjunction with development. A painted median with lef~ turn pockets will be provided for traffic on Rancho Vista Road and on Pauba Road desiring to turn left into the project entrances. The project will be required to participate in the future construction of off-site capital improvements through established procedures. 13.b. No. The project will not create additional demand on existing parking facilities since the proper number of parking spaces will be provided for the site as required by Ordinance No. 348. Therefore, no significant impacts are anticipated. 13.d. No. The development of this project will not cause any alterations to present patterns of circulation or movement of people and/or goods since the major roads are already established in the vicinity of the project. Therefore, no significant impacts are anticipated. 13.e. No. This project will not cause alterations to waterbgrne, rail or air traffic due to the nature of the project, its geographic location, and local transportation system. Therefore, no significant impacts are anticipated. 13.f. Maybe. Project-related traffic could create new traffic hazards to motor vehicles, bicyclists, and pedestrians, both on and off the project site. Points of conflict Would be created as a result of additional points of ingress and egress along Pauba Road and Rancho Vista Road. Internal circulation patterns could also result in potential hazards to pedestrians. The fol!owing measures need to be incorporated into the project design to reduce the impacts of the project to an insignificant level: The gate for the proposed senior housing should be setback from the Right-of- Way to allow for proper stacking of cars behind the gate. Vehicular and pedestrian entries to the project should be clearly identifiable to visitors through the use of signage, hardscaping and landscaping. Circulation within the site should be designed to minimize conflicts between automobiles and pedestrians. A pedestrian friendly design needs to be incorporated into the project design providing adequate pedestrian circulation. Accent paving, crosswalks, landscaped walkways and adequate lighting should be used to identify and enhance pedestrian walks. R:\S\STAFFRPT\27314.1ES 2/23/93 klb · Consideration should be given to providing safe pedestrian access through parking areas and from the public street walkways to building entrances. Public Services 14.a. 14.b. No. Mitigation fee of $400.00 dollars for each unit will be collected to mitigate the impacts of this development on Fire Service. The Fire Depamnent will review the Plot Plan for this project to insure adequate service. No significant impacts are anticipated. No. The City of Temecula is contracting through the RiVerside County Sheriffs Department for law enforcement services. This contract provides for thirty-one sworn officers and seven non-sworn officers. Additional services are provided to the City through various divisions within the Sheriffs Department. The average response time for priority one calls is 6.5 minutes and according to the Sheriffs Department this response time is well within industry standards for adequate service levels. The City intends to maintain a ratio of 1 officer per 1,000 residents. No significant impacts are anticipated. 14.c. No. The proposed project is an exclusively senior housing project. No school aged children are anticipated to be generated from this project. No significant impacts are anticipated. 14.d~ No. The proposed project will include a private golf course and other active amenities. A senior center might also be a pan of this project which will create new activities for the residents. No significant impacts are anticipated. 14.e. No. The project will cause increased traffic on city streets; however, this is not considered a significant impact (refer to No. 13). 14.f. Energy 15.a.b. Maybe. The future project residents will be using governmental services such as libraries; however, a $100.00 per dwelling unit mitigation fee imposed on this project will mitigate the impact. No significant impacts are anticipated. No. The implementation of the proposed project would increase the rate of consumption of fuel and other energy resources. During construction, construction equipment would be consuming energy resources. At buildout, energy resources would be required during project operation, such as gasoline, natural gas and electricity. However, the proposed project would not result in the use of substantial amounts of fuel or energy which are commercially abundant. No significant impacts are anticipated. R:\S\STAFFRPT%27314.1ES 2/23/93 klb Utilities 16.a.b.c. d.e.f. No. All the utilities and services are within close proximity to the project site and will be extended to the project site with agreements between the developer and the individual agencies. No significant impacts are anticipated. Human Health 17.a.b. No. The natore of the proposed uses permitted on the project Site is not such that they would create potential health hazards. No significant impacts are anticipated. 18. Maybe. The project will go through further review in terms of architecture and landscaping when a Plot Plan application is filed. All aesthetics issues will be dealt with at that stage. At that time close at~ntion shall be given to the impacts, if any, to the existing single family dwellings to the north of the project site and the existing schools on the west and east of the site. No significant impacts are anticipated. Recreation 19.¸ Yes. The proposed project will include a private golf course and other active amenides. A senior center may also be a part of this project which will create new activities for the residents. These impacts are considered positive and will not cause significant negative impacts. Cultural Resources 20.a.b.c.d. No. The proposed project will not have a significant impact on prehistoric or historic cultural resources according to the University of California Eastern Information Center. This conclusion was made upon completion of a Phase I study. A condition will be imposed on the project to have a qualified archaeologist present at the time of grading as required by the Eastern Information Center. R:\S\STAFFRPT\27314JES 2/23/93 Idb ~,'IRO~AL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ticant effect on the environment, there will not be a signi- ticant effect on this case because the mitigation measures described On aRached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. February 2. 1993 Date For CITY OF TEMECULA R:\S\STAFFRPT\27314.1ES 2124/93 klb ATTACHMENT NO. 5 DEVELOPMENT AGREEMENT R:\S~STAFFRFI~27314.PC 2124193 klb 34 RECORDED AT THE REQUEST OF City Clerk City of Temecula WHEN RECORDED RETURN TO City Clerk City of Temecula 43174 Business Park Drive Temecula, CA 92590 DEVELOPMENT AGREEMENT. BETWEEN CITY OF TEMIEuu~A and THE LINFIELD SCHOOL R:~S\STAFFe.DA 2/23/~3 klb -1- DEVELOPMENT AGREEMENT BETWEEN CITY OF ~'~uu~A and THE LINFIELD SCHOOL This Development Agreement ("Agreement") is entered into to be effective on the date it is recorded with the Riverside County Recorder (the "Effective Date") by and among the City of Temecula, a California municipal corporation {"City") and the persons and entities listed below ("Owner" : THE LINFIELD SCHOOL RECITALS A. The legislature of the.State of California has adopted California Government Code Section 65864-65869.5 {"Development Agreement Legislation") which authorizes a city to enter into a binding development agreement with persons having legal or equitable interests'in real property located within a city's municipal boundaries for the development of such property. B. Pursuant and subject to the Development Agreement Legislation, the City's police powers and City Resolution No. 91-52, City is authorized to enter into binding agreements with persons having legal or equitable interest in real property located within the City's municipal boundaries under which such property may be developed in the City. C. In lieu of obtaining approval of a Specific Plan for the development of the Property, Owner has requested City to consider entering into a development agreement relating to the Property. D. By electing to enter into this Agreement, City shall bind future members of the City Council of City by the obligations specified herein and further limit the future exercise of certain governmental and proprietary powers of and members of the City Council. E. The terms and conditions of this Agreement have undergone extensive review by the staff of the City and the City Council of City and have been found to be fair, just and reasonable. F. City finds and determines that it will be in the best interests of its citizens and the public health, safety and welfare will be served by entering into this Agreement. G. All of the procedures of the California Environmental Quality Act have been met with respect to this Agreement. H. City was incorporated on December 1, 1989. Pursuant to California Government Code Sections 65360 and 65361, the City has forty-two (42) months following incorporation to prepare and adopt a general plan. During this 42-month period, the City may approve development projects without being subject to the requirement that its decisions be consistent with the R:\S\STAFFRFI~L~IBLD.DA 2/.23/~3 klb -2- general plan so long as the findings set forth in Section 65360 and the conditions of approval of the California Office Of Planning and Research are met. I. Pursuant to City Ordinance No. 90-4, the City has adopted the County of Riverside's land use, subdivision and mitigation fee ordinances as amended by City Ordinance Nos. 90-05 through 92-15. Pursuant to City Resolution No. 90-31, the City has adopted the Riverside County Southwest Area Cormnunity Plan {"SWAP"), as a planning guideline during the preparation of the City'sGeneral Plan. : J. The City Council of City hereby finds and determines that: (1) The City is proceeding in a timely fashion with the preparation of its general plan. (2) There is a reasonable probability that the Project will be consistent with the draft general plan proposal presently being considered. (3) There is little or' no probability of substantial detriment to or interference with the future adopted general plan if the Project ~s ultimately inconsistent with the plan. (4) The Project complies with all other applicable requirements of state law and local ordinances. K. Owner is the fee owner of a ninety-six and nine- tenths (96.9) acre parcel of undeveloped land located South of Rancho Vista Road, east of Temecula Valley High School and north of Pauba Road, hereinafter referred to as the "Property" as described in Exhibit "A" attached hereto and made a part herein by this reference. This Agreement applies to the development of a forty-eight and three-tenths (48.3) acre portion of the Property, comprised of LOts 1-4 of Tentative Parcel Map NO. 27314. L. City and Owner desire that the Property be developed as a Senior Citizen Housing Development as further described herein. M. The City Council of City hereby finds and determines that: (1) The environmental impacts of this Agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts thereof have been.incorporated into the City approvals for the Project. {2) No other mitigation measures for environmental impacts created by the Project, as presently approved shall be required for development of the Project unless mandated by law. (3) City may, pursuant to and in accordance with its rules, regulations, and ordinances, conduct an environmental review of subsequent discretionary entitlements for the development of the Property or any changes, amendments, or modifications to the Property. The City, as a result of such review, may impose additional measures (or conditions) to mitigate as permitted by law the R:~S\STAFFRPTU, INFIBLD,DA 2/23/93 k~ ' 3 = adverse environmental impacts of such development entitlement which were not considered or mitigated at the time of approval of the Project. (4) Should the Owner propose more than 240 dwelling units for parcel 2 of the property then the environmental impacts of those additional units shall be evaluated, and the City may condition the project as necessary to mitigate such additional units. N. Within forty-eight (48) hours of the effective date of this Agreement, Owner shall deliver to the Planning department a check payableto the County Clerk in the amount 6f One Thousand Two Hundred Seventy-Five Dollars (1,300.00),.. which includes the One Thousand Two Hundred Fifty Dollars ($1,250.00) fee required by Fish and Game Code Section 711.4(d)(2) plus the Twenty-Five Dollar ($50.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the Owner has not delivered to the Planning Department the check required above, this Agreement shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c~. O. City Council of City has approved this Agreement by Ordinance No. adopted on , 1993, and effective on , 1993. 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: 1. Definitions. In this Agreement, unless the context otherwise requires: (a) "Congregate Care Facility" is a congregate care residential facility developed pursuant to Riverside County Ordinance No. 460, and Sections 8.1, 8.2, 19.101, 19.102 and 19.103 of Riverside County Ordinance No. 348. (b) "City" is the City of Temecula. (c) "Development Approvals" means all those discretionary land use entitlements necessary to develop the Property, including, but not limited to, zoning changes, tentative subdivision maps, plot plans, and conditional use permits. (d) "Development Exaction" means any requirement of City 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 to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. (e) "Development Plan" means the development of the Property as depicted in Exhibit G. (f) "Existing Development Approvals" means those certain Development Approvals in effect as of the effective date of this Agreement with respect to the Property, including, R:\S~STAFFRPT~INFI~LD.DA 2/2,3/93 klb -4- without limitation, the "Existing Development Approvals" listed in Exhibit B which were approved by the City of Temecula. (g) "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of City, governing the development and use of land including without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, t~e 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 which are a matter of public record on the Effective Dane of this Agreement. "Land Use Regulations" does not include any County or City ordinance, resolution, code, rule, regulation, or official policy, governing: (1) The conduct of businesses, professions, and occupations; (2) Taxes and assessments; (3) The control and abatement of nuisances; (4) The granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (5) The exercise of the power of eminent domain. (h) "Senior Citizen Housing Development" means a multi-family development intended for persons 55 years of age or older, as further defined at California Civil Code Section 51.3. (i) "Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with development of the Property. (j) "Project" is the development of the Property with the following specific uses: (i) multifamily senior housing complex; (ii) congregate care facility; (iii) skilled nursing facility; (iv) personal care facility, and (v) Seniors' Community Center; and (vi) a nine (9) hole private golf course. (k) "Owner" means the person having a legal interest in the Property; (1) "Subsequent Land Use Regulation" means any Land Use Regulation adopted and effective after the Effective Date of this Agreement. (m) "Property" is the real property referred to in Exhibit "A". 2. Interest of Owner. Owner represents that he has a legal interest in the Property and that all other persons holding legal or equitable interests in the Property are to be bound by this Agreement. 3. Exhibits. The following documents are referred to in this Agreement, attached hereto and made a part hereof by this reference: R:\S~STAFFRF~LMI~LD.DA 2/23/93 klb -5- Exhibit Referred to Desiqnation Description in Paragraph A Legal Description of the K Property B Existing Development l(f), 15.2 Approvals C Development Schedule 9, 10 D Public Facility Fee 14.2 Agreement E Fee Credit 14.3 F Deed Restriction 10 G Development Plan 9 4. T~rm. (a) The term of this Agreement shall commence on the Effective Date and shall extend for a period of ten (10) years thereafter, unless this Agreement is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto. (b) Should the Owner: (i) fail to obtain all Subsequent Development Approvals to develop and complete the Project, or (ii) breach the Development Schedule, Owner agrees to City amending the land use designation to Low Medium Density Residential or Public Institutional, and amending the zoning to Single Family Residential (R-l) or Public Institutional. (c) Notwithstanding any other provisions of this Agreement, upon the sale or lease of any lot, dwelling or unit to a member of the public or other ultimate user, this Agreement shall terminate-with respect to any such lot, dwelling, unit or space, and such lot, dwelling, unit or space 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: (1) The lot has been finally subdivided and individually (and not in "bulk") sold or leased to a member of the public or other ultimate user; and, (2) A Certificate of Occupancy has been issued for a building or the lot, and the fees set forth under Section 14 of this Agreement have been paid. Notwithstanding the sale of any individual lot, dwelling, unit or space as set forth herein, the Owner shall remain liable to perform any and all outstanding obligations, still unperformed or uncompleted at the time of sale, with respect to said lot, dwelling, unit or space required by this Agreement or as a condition of any development approval. The Owner shall condition the sale and deed sufficiently to ensure the completion of said obligations. 5. Assignment. 5.1 Riqht to Assign. The Owner shall have the right to sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seo., or Riverside County Ordinance No. 460, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04) to any person, partnership, joint venture, 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, the Owner shall notify City, in writing, of such sale, transfer, or assignment and shall provide City with an executed agreement, in a form acceptable to the City Attorney, by the purchaser~ transferee, olr assignee and providing therein that the purchaser, transferee, or assignee expressly and unconditionally assumes all the duties and obligations of the Owner under this Agreement. Any sale, transfer, or assignment not made in strict compliance with the foregoing conditions shall constitute a default by the Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee, or assignee to execute the agreement required by Paragraph (b) of this Subsection, the burdens of this Agreement shall be binding upon such purchaser, transferee, or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee, or assignee until and unless such agreement is executed. 5.2 Release of Transferrinq Owner. Notwithstanding any sale, transfer, or assignment, a transferring Owner shall continue to be obligated under this Agreement unless such transferring Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Owner of all of the following conditions: (a) The Owner no longer has a legal or equitable interest in all or any part of the Property except as a beneficiary under a deed of trust. (b) The Owner is not then in default undar this Agreement. (c) The Owner has provided City with the notice and executed agreement required under Paragraph {b) of Subsection 5.1 above. (d} The purchaser, transferee, or assignee provides City with security equivalent to any security previously provided by Owner 'to secure performance of its obligations hereunder. R:~,S\STAFFRF~LIN]~BLD.DA 2/23/93 Idb - 7 - 5.3 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. 6. Mortgagee Protection. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner'S sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust, or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and agrees upon request, from time to time, to meet with the Owner and representatives of such lenders to negotiate in good faith any such request for interpretation. City will not unreasonably withhold its consent to any such requested interpretation provided such interpretation is consistent. with the intent and purposes of this Agreement. Owner shall reimburse City for any and all of City's costs associated with said interpretations and shall make reimbursement payments to City within thirty (30} days of receipt of an invoice from City. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the Owner in the performance of the 0wner's obligations under this Agreement. (c} If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to the Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to the Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Owner's obligations or other affirmative covenants of the Owner hereunder, or to guarantee such performance, provided however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided R:\S~STAFFP, F~LINFIBLD,DA 2/23/93 kab -8- that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 6.3 of this Agreement. (e) Any Mortgagee who comes into possession of the Property, or any portion thereof, pursuant to subsection (d) above and who elects not to assume the obligations of the Owner set forth herein shall not be entitled to any rights to develop which have or may have vested as a result of this Agreement. 7. Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors-in-interest to the parties to it. 8. Relationship of Parties. It is understood that the contractual relationship between City and Owner is such that the Owner is an independent contractor and not the agent of City. 9. Proiect Zoning. Pursuant to the Existing Development Approvals, the Project description contained at Section 16.1 of this Agreement, and the Development Plan, the Property has been rezoned from Rural-Residential (R-R) to General Residential (R-3) to permit Project development. The land use designation under the City's Draft General Plan is Public Institutional and High Density Residential. The rezoning and proposed land use designation is conditional upon the completion of the Project pursuant to the Development Schedule. Any substantial breach of the Existing Development Approvals, Development Schedule or Development Plan shall constitute a material breach of the Agreement. 10. Development Schedule. (a} Owner shall develop the Property pursuant to the Development Schedule contained in Exhibit C. (b) Concurrently with recording Parcel Map No. 27314, Owner shall record a deed restriction in substantially the form of Exhibit F, as to Parcels 1-4 of said Tract, restricting occupancy in the Project to persons fifty-five (55) years of age and older. (c) 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, 37 Cal. 3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties, agreement, it is the parties, intent to cure that deficiency by acknowledging and providing that the Owner shall have the right to develop the Property in such order and at such rate and at such times as the Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Schedule. 11. Hold Harmless. Owner agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage R:~S\STAFFRF~L~BLD.DA 2,;23/93 kib ' 9- which may arise from the direct or indirect operations of the Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the Project. Owner agrees to and shall indemnify, defend, and hold harmless the City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of 0wner's activities in connection with the Project. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this paragraph, regardless of whether or not City prepared, supplied, or appr0ved plans or specifications or both for the Project and regardless of whether or not the insurance policies referred to herein are applicable. Owner further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of this Agreement Or the Project. 12. Litigation. 12.1 Third Party LitiGation Concerning Agreement. Owner shall defend, at its expense, including attorneys fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action, or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. City shall promptly notify Owner of any such claim, action, or proceeding, and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, or proceeding, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action, or proceeding. 12.2 EnVironmental AsSurances. Owner shall indemnify and hold City, 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, solid or hazardous waste or to environmental conditions on, under or about the Property. Said violations shall include, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may, inits discretion, participate in the defense of any such action. 13. Third Party LitiGation Concerning the General Plan. City is a newly incorporated city falling within the scope of Government Code Sections 65360 and 65311 and thus not subject to the requirement that a General Plan be adopted or that development decisions be consistent therewith so long as the City makes certain findings, which the City has made at Section J. of this Agreement. Notwithstanding these findings City shall have no liability in damages under this Agreement for any failure of City to perform under this Agreement or the inability of Owner to R:~S\STAFFRFI~LINFIELD.DA 2/23/93 klb - 10 - develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the findings made under Section 65360 and 65361 or the future General Plan, are invalidated or inadequate or not in compliance with law. 14. Public Benefits. Public Improvements and Facilities. 14.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by development of the Project and further acknowledge and agree that this Agreement confers substantial private benefits on the Owner which should be balanced by cormnensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on the Owner by providing more fully for the satisfaction of the public needs resulting from the Project. 14.2 Impact Fees. (a) The developer(s) of the Property shall pay a capital or impact fee for road improvements and public facilities the City may adopt for development ("Public Facilities Fee"), in the amount in effect at the time of payment of the fee. (The term "developer(s) of the Property or Project" as used in this Section shall mean the person(s) who seeks a building permit to construct structures on the Property. These individuals shall hereinafter be referred to as the "Developer".) If an interim or final public facility mitigation fee or benefit district has not been finally established by the date on which Developer requests its building permits for the Project or any phase thereof, the Developer shall execute an Agreement for Payment of a Public Facility Fee, in substantially the form of Exhibit D. (b) Owner shall pay all other impact fees provided for under the Land Use Regulations, including, but not limited to the Residential Impact Fee (pursuant to Riverside County Ordinance No. 659) and Flood Control, Fire, Library, Traffic Mitigation and K-Rat Fees. 14.3 Fee Credits and Schedule. In exchange for' the dedication of land, the construction of improvements and the payment of fees, Owner shall be entitled to Fee Credits set forth in Exhibit E. 14.4 Waiver. By execution of this Agreement, Owner waives any right to object to the imposition of the provisions of Section 15 of this Agreement, the adoption of any interim or final Public Facility Fee, or the process, levy, or collection of any interim or final Public Facility Fee for this Project; provided that Owner is.not waiving its right to protest the reasonableness of any interim or final Public Facility Fee', and the amount thereof. 15. Reservations Of Authority. 15.1 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, including, but not limited to: R:\S\STAFFRPT~LINFI~LD.DA 2/23/93 klb - 11 - (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendation, appeals, and any other matter of procedure. (c) Regulations governing construction standards and specifications including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Grading Code and Fire Code. (d) Subsequent Land Use Regulations which are not in conflict with the Project. 15.2 Subsequent Development APPrOvals. This Agreement shall not prevent City, in acting on Subsequent Development Approvals from applying Subsequent Land Use Regulations, even if they conflict with the Existing Land Use Regulations, Existing Development Approvals or the Development Plan. Further, this Agreement shall not prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing or Subsequent Land Use Regulations. 15.3 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. 15.4 Regulation by Other Public Aqencies. It is acknowledged by the parties that other public agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 15.5 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, et seo.} and Riverside County Ordinance No. 460, as the same 'was incorporated by reference into the TemeculaMunicipal Code by Ordinance NO. 90-04, and if th~s Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to the Owner, then and to that extent the rights, obligations, and protections afforded the Owner and City respectively, under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this R:\S~STAFFRFr~/NF~,LD.DA 2/23/93 Hb - 12 - Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 16. Development of the Property. 16.1 Proiect. The Property shall be developed with the following uses, and only the following uses: (a) Senior Citizen Housing Development on Parcel 2 of Parcel Map 27314, up to 20 dwelling units per net acre with a target density of 10 dwelling units per acre; (b) Nine (9) hole private golf course for the sole use of private residents on Parcel 2 of Parcel Map 27314; (c) Senior's Con=nunity Center with a minimum of 3,500 square feet on Parcel i of the Parcel Map 27314; (d) Congregate Care Facility on Parcel 3 of Parcel Map 27314; and (e) Skilled Nursing and Personal Care Facilities on Parcel 4 of Parcel Map 27314. No change, modification, revision or alteration of these uses or of the Project may be made without the prior amendment of this Agreement. 16.2 Rights to Develop. 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 Section 16.1 and the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. 16.3 ChanGes and Amendments. Notwithstanding Section 16.1, 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 Project. In the event the Owner finds that a change in the Project is necessary or appropriate, the Owner shall apply for a Subsequent Development Approval to effectuate such change and City shall process and act on such application in accordance with the Subsequent Land Use Regulations. If approved, any such change in the Project shall be incorporated herein as an addendum to this Agreement and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Project shall be deemed "minor" and not require an amendment to this Agreement provided' such change does not: (a) Alter the permitted uses of the Proiect as a whole; or, (b) Increase the density or intensity of use of the Project 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 Project as a whole; or, R:\S\STAFFRPT~L~fF~LD.DA 2r23~3 k~ - 13 = (e) Constitute a project requiring a Subsequent or Supplemental Environmental Impact Report pursuant to Section 21166 of the Public Resources COde. 17. Periodic Review of Compliance with Aareement. (a) Pursuant to City Resolution No. 91-52, as it may be subsequently amended, City shall review this Agreement at least once during every twelve (12) month period from the date this Agreement is executed. The Owner or successor shall reimburse City for the actual and necessary costs of this review. (b) During each periodic review by City, the Owner is required to.demonstrate good faith compliance with the terms of the Agreement. The Owner agrees to furnish such evidence of good faith compliance as City in the exercise of its discretion may require. 18. Amendment or Cancellation of Aareement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Sections 65868, 65867.and 65867.5. If the Amendment is requested by the Own'er or successor, the Owner/successor agrees to pay City any Development Agreement Amendment fee then in existence as established by City COuncil Resolution, or if no such fee is established, to reimburse City for the actual and necessary costs of reviewing and processing said Amendment. 19. Breach of Agreement. (a) The City reserves the right to terminate this Agreement in the event of a material breach of any of its material terms or any material term of any applicable federal, state or local statute or regulation, which breach is not cured following written notice and a reasonable opportunity to cure. In finding such a breach: (i) City does not waive any claim of defect in performance by Owner implied if on periodic review the City does not propose to modify or terminate the Agreement. (ii) Non-performance shall not be excused because of a failure of a third person; and (iii} Non-performance shall be excused only when it is prevented or delayed by acts of God or an emergency declared by the Governor. (b) The notice to cure period shall be thirty (30) days (except in cases of emergency where a shorter time may be prescribed consistent with the nature of the emergency). Where thirty (30) days is insufficient time for the Owner to cure the notified breach, Owner shall be deemed in compliance with the provisions if, within that thirty-day time period Owner begins good faith efforts to cure such breach and shall present a specific and reasonable timetable to the City for the cure of the notified breach. If the breach is not cured within such time period or within such additional time period specified in such notice, the Planning Director shall cause to be noticed a public hearing before the City Council. (c) The Council shall hold a public hearing, upon ten (10) days written notice duly given to Owner and published notice provided to the public. Owner may appear at the public' hearing before the Council and present information, orally or in R:\S\STAFFRPI~I3NPIBLD.DA 2/23/93 kl~ - 14 - documented form, that it deems relevant and appropriate to the Council's deliberations. Based on the evidence presented at the public hearing, the Council shall determine by resolution whether the Agreement should be terminated. Nothing herein is intended to limit Council's right to make other determinations which are reasonably related to the Agreement. (d) The City Council shall cause Owner to receive written notice Of any action taken following the public hearing. (e) Within not less than thirty (30) days of receiving notice of the City Council's action, Owner shall be entitled to initiate an action in state court to seek judicial review pursuant to California Code of Civil Procedure Section 1094.5. In the event Owner initiates such a review, the Council's determination shall be stayed pending a final order of the court. (f) Upon a finding of material breach of this Agreement, and the failure of Owner to successfully challenge the same in a court of law, City may not only terminate this Agreement, but also shall amend the land use designation of the Property to Institutional or Low-Medium Density Residential, and amend the zoning to Single Family Residential (R-l}; Owner further agrees to such amendments. (g} All other remedies at law or in equity which are not otherwise provided for in the Agreement or in City's regulations governing development agreements are available to the parties to pursue in the event there is a breach. 20. Damages Upon Termination. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City, and its officers, employees and agents, shall not be liable in damages to Owner or to any assignee, transferee of Owner, or any other person, and Owner covenants not to sue for or claim any damages for breach of that Agreement by City. 21. Attorneys' Fees and Costs. Iflegal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notice required to be given to City shall be addressed as follows: To City: City Clerk City of Temecula 43172 Business Park Drive Temecula, CA 92390 R:\S~STA~PIELD.DA 2/23/93 ILIb ' 15 - Notices required to be given to Owner shall be addressed as follows: To Owner: A party ma~ change the address by giving notice in writing to~the other party and thereafter notices shall be addressed and transmitted to the new address. 23. Rules of Construction and Miscellaneous Terms. (a) The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" iS permissive. (b) If a part of this Agreement is held to be invalid, the reminder of the Agreement is not affected. (c) If there is more than one signer of this Agreement their obligations are joint and several. (d) The time limits set forth in this Agreement may be extended by mutual written consent of the parties in accordance with the procedures for adoption of the Agreement. (e) This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person, including but not limited to third party beneficiaries, shall have any right of action based upon any provision of this Agreement. (f) This Agreement may be executed by the parties in counterparts, each of which so fully executed counterpart shall be deemed an original irrespective of the date of execution. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year first above written. "CITY" Attest: By :' MAYOR City Clerk R:\S\STAFFRPT~LM~,LD.DA 2/23/93 klb - 16 - Approved as to form: City Attorney "OWNER" By: Name: Title: By: Name: Title: Notary [ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.] R:\S\STAFFP~L~FFIBLD.DA 2/23/93 kib - 17 - EXHIBIT ~A~ DESCRIPTION OF THE PROPERTY BEING A PORTION OF THE RANCH0 TEMECULA, AS GRANTED BY U.S. GOV'T TO LUIS VIGNES BY PATENT DATED 1-18-1860, AS SHOWN BY LIBER 1 PAGE 37, REC'S OF SAN DIEGO CO., AN PARCELS 1,2,3 OF P.M. 83/97- 100 REC'S RIVERSIDE CO.. LOCATED IN THE CITY OF TEMECULA, CALIFORNIA. R:\S~TAFFRFr~qFHELD.DA 2/23/93 k~ = 18 - EXHIBIT "B" EXISTING DEVELOPMENT APPROVALS Tentative Parcel Map No. 27314 Change o~ Zone No. 21 EXHIBIT DEVELOPMENT SCHEDULE Within five (5) years of the effective date of this Development Agreement, Owner shall have substantially begun construction of each of the following uses: Twenty (20) dwelling units of the Senior Citizen Housing Development, and The Congregate Care Facility, Skilled Nursing Facility, or Personal Care Facility "Substantially begun construction" shall mean obtaining a building permit and having an approved and inspected foundation. Prior to the issuance of the certificate of occupancy for the first unit of the multi-family senior housing complex, Owner shall have constructed and obtained a certificate of occupancy for the Senior Citizen Center, and shall have completed the Golf Course. "Completed the Golf Course" shall mean construction and completion of all structures, six months growth of the grass and certification of the course by a Licensed LandScape Architect. Within five (5) years of the effective date of this Development Agreement, Owner shall have recorded Parcel Map 27314 and have obtained all Subsequent Development Approvals for the Senior Citizen Housing Development, the Congregate Care Facility, the Skilled Nursing Facility, the Personal Care Facility, and the Golf Course. Within the term of this Development Agreement, Owner shall have obtained certificates of occupancy for all buildings identified in the Subsequent Development Approvals. R:\S\STAFFRP1~L~F~,LD.DA 2J23/93 ~/b - 2 0 - EXHIBIT ~D" PUBLIC FACILITY FEE AGREEMENT R:\S\STAFFP, FT~LINFIBLD.DA 2/23/93 klb - 2 1 - Recording requested by, and When recorded mail to: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: city Clerk AGREEMENT FOR PAYMENT OF PUBLIC FACILITY FEE This Agreement is made this day of by and between the City of Temecula ("City") and ("Developer"). RECITALS A. Developer is the owner of real property (the "Property") in the City of Temecula described as follows: Exhibit A, reference pursuant to attached hereto and incorporated herein by Developer proposes to develop the Property (the "Project" ) . Recording of this Agreement is fee exempt pursuant to Government Code Section 6103 as it is recorded for the benefit of the City of Temecula, a public agency. -1- C. City has determined that the Project will impact traffic and the demand for other public facilities within the City as identified in the t~.~v:u=~] for the Project. These impacts must be mitigated by payment of a fee for additional road and public facility cons%ruction, which fee shall be identified as set forth hereinafter. D. The City proposes to impose a public facility fee upon new developments within the City in order to construct additional public facility improvements to serve and benefit new developments, including the Project. These fees shall be. known as the "Temecula City-wide Public Facility Fee Program" or "Public Facility Fee." E. Condition No. of the Project requires that Developer execute this Agreement prior to issuance of a building permit or conditional use permit, or recordation of the final map, as provided specifically in the conditions of approval. F~ In order for Developer to proceed without full payment of the Public Facility Fee in a timely manner, City and Developer have determined to enter into this Agreement. G. The term "public facility" shall refer to public and municipal infrastructure, such as roads, highways, flood control facilities, city hall, police stations, community. centers, theaters, parks and similar public infrastructure. NOW, THEREFORE, the parties hereto agree as follows: 1. Public Facility Fee: (a) The City Council will establish the amount of the Public Facility Fee at some time in the future. The Fee will be based upon the square footage Of each development, the vehicle trips generated by each development, or similar measure(s). The Public Facility Fee also shall establish the specific improve- ments to be constructed and their cost, the benefit assessment area and the method by which the fair share, pro-rata obligations of each property are to be established based on impact on traffic and demand for public facilities. (b) Developer shall pay the Public Facility Fee on each building at such time it receives its certificate of occupancy or final inspection, which ever occurs first. (c) The Council also may establish an Interim Public Facility Fee to be followed by a Final Public Facility Fee. If only the Interim Public Facility Fee has been established at the time the Developer seeks issuance of its certificate of occupancy or final inspection, whichever occurs first, then Developer shall pay the Interim Fee prior to issuance of the certificate of occupancy or final inspection, whichever occurs first. Later, when the Final Public Facility Fee is established, the Developer will be reimbursed for any difference between the Interim and Final Fee if the Interim Fee exceeds the Final Fee, and shall pay the shortfall if the Final Fee exceeds the Interim Fee. (d) If the certificate of occupancy Or final inspection occurs prior to the establishment of the Interim or Final Public Facility Fee, then the Developer shall pay a deposit of Two Dollars ($2.00) per square foot, not to exceed Ten Thousand Dollars '($10,000) prior to theissuance of the certificate of occupancy or final inspection. The deposit shall be a credit against the Interim or Final Public Facility Fee. A letter of credit or certificate of deposit may be provided in lieu of the deposit. (e) If either the Final or Interim Public Facility Fee is established after the issuance of the certificate of occupancy or final inspection, the Developer shall pay the Interim or Final Public Facility Fee ten (10) days after receiving notice from the City that it has been established. (f) Notwithstanding the above, Developer shall provide City with written notification of the opening of any escrow for the sale of the Project and shall provide in the escrow instructions that if the Interim or Final Public Facility Fee has been established, the Fee shall be paid to the City from the sale proceeds in escrow prior to distributing the proceeds to Developer/seller. (g) City shall record a release of this Agreement upon payment of all Public Facility Fees owing and shall provide Developer with a copy of such release. 2. Use of Public Facility Fee: The Public Facility Fee collected pursuant to this Agreement shall be used only to construct City-wide traffic and public facility improvements, which improvements are deemed to be of benefit to Project~ and for expenses incidental thereto. There is a reasonable relationship between the Project and the Public Facility Fee in that the Project will impact traffic and existing public facilities, and consequently, will require expansion of the City-wide street and highway system, and public facilities in order to meet the added demand resulting from the Project. The amount of the Public Facility Fee to be collected from Project represents the cost of facilities necessary to meet the incremental increase in traffic and demand for public facilities resulting from the Project. 3. Information Provided: Developer shall provide to City, upon City's request therefor, any and all information regarding access to the Project,.~raffic flow, trip generation factors and such other is reasonably necessary to establish the Public information as Facility Fee. 4. Security for Public Facility Fee: (a) If the Interim or Final Public Facility Fee has been established prior to issuance of a building permit or other entitlement described in Recital E, then, concurrent with slI/l17333.AGR(10/30/91) the execution of this Agreement, Developer shall provide an irrevocable letter of credit or other form of security approved by City, in a form approved by the City Attorney, in an amount equal tO the total Public Facility Fee for the Project. The amount of security may be increased upon City's request should there be an increase in the amount of the Public Facility Fee. The amount of security also may be reduced upon Developer's payment of Public Facility Fees outstanding. However, except for the deposit provided for in Section 1, no letter of credit is required if neither the Interim or Final Public Facility Fee has not been established as of the date of execution of this Agreement. (b) As an alternative to collecting the fee from the letter of credit, if the D~veloper fails to pay the Public Facility Fee within thirty (30) days of the date demand is made, the City may assess a penalty of ten percent (10%) of the amount owing and make said Fee, inclusive of penalty, a lien upon the described real property by recording a notice that said Fee is due under the terms of this Agreement with the County Recorder of Riverside County. The notice shall state the fact that said Fee, inclusive of penalty, is due under the terms of this Agreement and shall state the amount, together with the fact that it is unpaid and draws interest on the Fee and penalty at the rate set forth at California Revenue & Taxation Section 19269 until paid. (c) The City may as an alternative to the lien procedure set forth above, bring legal action to collect the Public Facility Fee due. The Developer agrees that if legal action by the City is necessary to collect the Fee the Developer agrees to pay the City a reasonable sum as attorney's fees and court costs, together with penalty and interest determined according to Paragraph 4(b) of this Agreement. 5. A~reement Runs With Land: This Agreement pertains to and runs with the Property. This Agreement binds the successors in interest of each of the parties. 6. Waiver: By execution of this Agreement, Developer waives any right to.protest the provisions of Condition No. of the Project, this Agreement, the formation of any Public Facility fee district, but not the nexus between any Public Facility fee and the Project. 7. Binding AGreement: This Agreement shall be binding upon Developer, Developer's successors and assigns. 8. Amendment/No Continuing Waiver: This Agreement may be modified or amended only in writing, signed by both parties. This Agreement contains the full and complete understanding of the parties and supersedes any iff/II7333.AGR (lO/JO/gl) and all prior oral or written agreements or representations. A waiver of any term or condition of this Agreement by either party shall not be deemed a continuing waiver thereof. 9. Attorneys' Fees: Should. either party determine that it is necessary to file a legal action to enforce or interpret the provisions of this Agreement, the prevailing party in that litigation shall be entitled to its reasonable costs, including but not limited to attorneys' fees. 10. Notice: Notice shall be deemed given under this Agreement when in writing and deposited in the United States mail, first- class, postage prepaid, addressed as follows: CITY: DEVELOPER: city of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: City Clerk invalid, Agreement as Miscellaneous Provisions (a) If any provision of this Agreement is adjudged the remaining provisions shall not be affected. (b) If there is more than one (1) signer of this Developer, their obligations are joint and several. IN WITNESS WHEREOF, the parties or their duly authorized representatives have executed this Agreement as of the date set out above. CITYOF TEMECULA DEVELOPER By: David S. Dixon City Manager By: By: APPROVED AS TO FORM: By: Scott F. Field City Attorney EXHIBIT hen FEE CREDITS Upon obtaining a certificate of occupancy Owner shall dedicate to the City the Senior Citizen Center described in Exhibit C. In exchange for dedication of the Senior Citizen Center and completion of the Golf Course, Owner shall receive a full credit against its Quimby Fees required pursuant to Riverside County Ordinance No. 460. R:~S\STAFFP, PT~LINFIELD.DA 2/23/93 klb EXHIBIT DEED RESTRICTION RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY C[ERK CITY OF TEMECULA 43174 BUSINESS PARK DRIVE TEMECULA, CALIFORNIA 92590 DECLARATION OF RESTRICTIONS This DECLARATION OF RESTRICTIONS made this __ day of 1992, by (" ") , hereinafter referred to as "Declarant." WHEREAS, Declarant is the owner of Parcels 1-4 of Parcel Map No. 27314 (the "Property"); and WHEREAS, Declarant intends to sell the above described property, restricting it in accordance with a common plan designed to preserve the value and residential qualities of said land, for the benefit of its future owners. NOW, THEREFORE, Declarant declares that said real property shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied, Subject to the covenants and restrictions hereinafter set forth expressly and exclusively for the use and benefit of said property and of each and every person or entity who now or in the future owns any portion or portions of said real property. 1. Land Use and BuildinqType. No person may occupy any dwelling unit located on the Property unless he or she is at least fifty-five (55) years of age, or otherwise qualifies for residency pursuant to California Civil Code Section 51.3. 2. Term. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10} years unless an instrument signed by a majority of the then owners of the lots, and the City of Temecula, has been recorded, agreeing to change said covenants in whole or in part. 3. Enforcement. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation R:~SXSTAFFRFr~L~FF~,LD.DA 2/23/93 klb - 2 3 - or to recover damages. The City of Temecula may enforce any covenant of this Declaration. 4. Attorneys Fees. Should any party bring an action against the other for the purpose of enforcing the terms of this Stipulation, or for damages arising from its breach, then in such event, the prevailing party shall b~ entitled to its reasonable attorneys fees and costs in addition to any other award entered by the Court. 5. Severabili~y. Invalidation of any one ofthese covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, Declarant has executed this Declaration of restrictions the day and year first above written. DECLARANT: Signature Name: Address: EXHIBIT DEVELOPMENT PLAN / R:\S\STAFFILtYf~,INFIBLD.DA 2/23/93 LIb - 2 5 - City o4 Temecula Page Two Attn: Saied Naaseh July 1, 19~2 This certification does not constitute a guarantee that it will supply water to such Tract Map at any specific quantities, flows or pressures for fire protection or any other purpose". This certification shall be signed by a responsible official of the water company. The plans must be submitted to The County Surveyor's Office to review at least two weeks prior to the reOuest for the recordation of the final ma~. This subdivision has a statement from Rancho Cali4ornia Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for financial arrangements to be made prior to the recordation of the final map. This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the County Surveyor and the Health Department. Permanent prints o4 the plans o4 the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor. The prints shall show the internal pipe diameter, specifications and the size o4 the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and water lines shall be a portion o4 the sewage plans and profiles. The plans shall be signed by aregistered engineer and the sewer district with the following certification: "I certify that the design o4 the sewer system in Tract Map No. 27~14 is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tract Map." City of Temecula Page Three Attn: Saied Naaseh July 1, 1992 The 01ans must be submitted to the County Surveyor's Office to revie~ at least t~o ~eeks prior tO the request for the recordation of the final maD. It will be necessary for financial arrangements to be completely finalized prior to recordation of the final map. It will b~ necessary for the annexation proceedings to be completely finalized prior to the recordation of the final map. Sincerely, .H.S. IV Department of Environmental Health SM:dr RIVERSmE COUNTY FIRE DEPARTMENT 210 ~ SAN JACXNTO AVENUE · PERRIS, C..ALI~ORN1A 92370 C/14) 657-3183 GLEN J. NEW'MAN FIRE' CHIEF MAY 4,. TO; CITY OF TEMECULA ATTEN; PLANNING DEPARTMENT RE: TENTATIVE TRACT 27514 CHANGE OF ZONE NO. 21 AMENDED No. l With respect to the review and/or approval of the above refer- enced project, the Fire Department has no comments or conditions regarding the tract map and will address all necessary Fire Protection measures when the plot plan or project developement plan is reviewed. All questions regarding the meaning of conditions shall be re- ferred to the Planning and Engineering Staff. RAYMOND H. REGIS Chief Fire Department Planner by ~'/~> Michael E. GraY, Fire Captain Specialist F, INDIO OFFICE 79-733 C.~unn~Club l~i~.Sui~F. lndi~ CA 92201 (619) 342-~8~6 · FAX (619) 775-2072 PLANNING DM~ION 3760 12th Sm~ Rivmid~ CA 92501 (714) 275-4777 · FAX (714) 3(~7451 I'IT]D~IF~"ULAOfflCE 41002C. AumCaw~D~i,~.,Suitc225, TmumI CA 92390 (714) 694-5070 · FAX (714) 694-5076 RECEIVED Narch 12, lgg2 · ...,< ). ~ 1992 (Date) Riverside County Health Department c/o Albert A. Webb Associates 3788 HoOray Street R~verstde, CA 92506 Gentlemen: Re: Availability of Sanitary Sewer Service for Tentative Parcel Nap 273Z4 We hereby advise you relattve to the availability of sanitary sewer service for the above referenced proposed developmmnt as follows: The property to be occupied by the subject proposed development: /1X7 IS PRESENTLY LOCATED within ~mprovement DIstrict No. U-8 sewer Servtce, the boundary 1tees of this Dtstrict's and is eltgible to receive sanitary NUST BE ANNEXED to this Dlstrtct.'s Improvement Dtstrtct No. following which it will be eligible to receive sanitary s~wer service. provided: z) RUST BE ZNCLUDED in a new District improvement district, asse.o- men, distrtct or other program to be formed and implemented for the purpose of providing san,tory sewer facilities and service for the general area within which this proposed development is located, following which it will be eligible to receive sanitary sewer service, If you have any questions or tomants to contact this office. The developer completes all necessary financial and other arrangements therefore, as determined by the District, with the District by September 1993 ; That no LIMITING CONDITIONS exist whtch ARE BEYOND this DZSTRICT'S CONTROL or CANNOT BE COST EFFECTIVELY and/or reasonably' satisfied ~"~t~'Dlstrtc~, which conditions may include but are not limited to, acts of God, REGULATORY AGENCY REQUIRENENT$ or decisions, or legal actions initiated by others; regarding the foregoing, do not hesitate Assistant Director of Customer Service Mail %: P,s~ Office Fh~x ~00 · ~nJ~cinm. Cullbrni3 925Rl-H~OO · Telephone ~714~ 925-7676 . F~ ,7l.h 929~2), Main Office: 20i~ S. ~nJudnni ~t~, ~n.lacinn} . (~st.~r ~n'ic~ ,En~in~ring Annex: ~0 E ~akland A~n~. He~t. C~ 1. / Names and Addresses of Involved Parties: Involvement Name Owner of PrOperty Ltnfield School Address 31950 Peuba Road Temecula, CA 92590 Developer Developer's Engineer Albert A. Webb Assoc. 3788 HoOray ~reet RIverside. CA q~;~R General Location of the involved property: North side of Pauba R~ad, We--t Brief legal description of the involved property: Tentative Parcel Ma~ 27314 4. Number of proposed lots/parcels 4 Parcels 5. Estimated number of dwelling units (or equivalent) 6. Other pertinent information Zoned Senior Citizen. Convalescent 7. Small scale map of the subject proposed development Area 96.7 ~n acres) Kucho Water May 7, 1992 Mr. Saied Na~neh City of Teme~la Planning Department 431~0 Business Park Drive Temecula, CA 92390 Water Availab~ity Tcntativ~ Tract Map 27314 Change of Zone 21 Dear Mr. Naaseh: Please be advised that the above-referenced property B located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact Ms. Senga Doheny. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P. E. Manager of Development Engineering $B:aj162/F186 cc: Senga Doherty, Engineering Technician H,',R 0 c, 1~92 ff7'A RIV.ERSIDE TRANSIT AGENCY 1825 THIRD STRET · RIVERSIDE. CA 92507-3484 · BUS, [714) 684.0850 FAX (714) 684-1007 March 2, 1992 Saled Naaseh City of Ternecula Planning Department 43174 Business Park Drive Temecula, CA 92590 RE: 'I'F 27314 Dear Saled: We do not currently provide Service to the site mentioned above but based on the size of the project and our own plans for future growth, we are requesting that a bus turnout or a pad for a bus stop be incorporated into the general design. Ideal site for the bus turnout would be on northside corner of Pauhe Road adjacent to Pamel 3 just before main entrance to the senior citizen housing. If possible, we would also like to request that pedestdan walkways and wheelchair curb be provided near the turnout location specified above. I can indicate the exact location for the turnout as the project progresses. Thank you for the opportunity to review and curemere on this project. Your efforts to keep us updated on the status of this request will be very much appreciated. Please let us know when this project will be completed. Should you require additional information or specifications, please don"l hesitate to contact me. Sincerely, Barbara A. Bray Transit Planner BB/jsc PDEV #151 TO: FROM: DATE: REFERENCE: SA~-n NAASI~Iq S]~AW'N NELSON ~ DIP, FX2TOR OF CO~ S~ AUGUST 12, 1992 ~A~ ~ NO. 27314, ~~ NO.2 The Temecula Community Services District CTCSD) staff has reviewed the conditions as set forth in the City of Temecula Conditions of Approval and recommends APPROVAL of Tentative Tract M~p No. 27314, Amendment No. 2, subject to the developer or his assignee conforming to the TCSD Quimby Ordinance No.' 460.93 as attached. All questions regarding the meaning of the attached conditions shall be refen~ to the TCSD. cc: Gary King Beryl Yasinosky Debbie LVonoske TEMECULA COMMUNITY SERVICES DISTRICT Prior to the recordation of the final map, the applicant or his assignee, shall offer for dedication 2.3 acres of parEand and execute a Letter of Agreement with the TCSD, to construct a Senior Center Facility and required parking in accordance with City Standards and the Development Agreement. All proposed slopes, open space, and parkland intended for dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to identify said lot numbers as a proposul TCSD maintenance areas. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or greater), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City Standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). ATTA~ NO. 4 E]c~rmUrS s~Am~,,r~m,4'rm.~c ~ 35 CITY OF TEMECULA V"IC. INITY' M~,i CASE NO.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 EXHIBIT: A VICINITY MAP P.C. DATE: August 3, 1992 S~VAP - Exhibit B CITY OF TEMECULA ,/ ~E MEADOW5 ' SP 213/' ~ 't Designation: 1 Acre Minimum Residential :SITE ZONING - Exhibit C Designation: R-R Case No.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 P.C. Date: August 3, 1992 CITY OF TEMECULA CASE NO.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 EXIHRIT: D CONCEPTUAL SITE PLAN P.C. DATE: August 3, 1992 CITY OF TEMECULA m GENERAL NOTES ~:~-=--. CASE NO,: Devdopment Agreement No. 92-1, Change of Zone No. 21, Tentative Parch Map No. 27314, Amendment No. 2 ExHmrr: E TENTATIVE PARCEL MAP NO. 27314, AIVIF~ND. NO. 2 P.C. DATE: August 3, 1992 CITY OF TEMECULA CASE NO.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 Exm~rr: F CHANGE OF ZONE NO. 21 P.C. DATE: August 3, 1992 CITY OF TEMECULA Independant Living Units Linfield Village CASE NO.: Devdopment Agreement No. 92-1, Change of Zone No. 21, Tentative Parcd Map No. 27314, Amendment No. 2 'EyJ4mrr: Cl CONCEPTUAl, ELEVATIONS P.C. DATE: .August 3, 1992 CITY OF TEMECULA Congragate Care Facilities Linfield Village CASE NO.: Devdopment Agreement No. 92-1, Change of Zone No. 21, Tentative Parcd Map No. 27314, Amendment No. 2 EXHrBIT: G2 CONCEPTUAl, ELEVATIONS P.C. DATE: August 3, 1992 CITY OF TEMECULA Independant Living Units Linfield Village CASE NO.: Devdopment Agreement No. ~2-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 EX/HRIT: G3 CONCEPTUAL ELEVATIONS J P.C. DATE: August 3, 19~)2 A~FA~ NO. 5 INITIAL ENVIRONMENTAL STUDY S~TA];?~'~314TTM.]~C qw 36 CITY OF TEMECULA PLANNING DEPARTMENT I~II'IAL ENVIRONMEVrAL b-l~rDy I H BACKGROUND Name of Proponent: Address and Phone Number of Proponent: Linfield Christian School 31950 Pauba Road Temecula. CA 92592 3. Date of Environmental Assessment: 4. Agency Requiring Assessment: June 20. 1992 CITY OF TEM~CULA 5. Name of Proposal, if applicable: 6. Location of Proposal: N/A Surrounded by Pauba Road to the south end Rancho Vista Road to the north end 700 feet east of Mar2arita Road ENVIRONMENTAL IMPACTS (Explanations of all answers are provided on attached sheets.) Y~ Maybe No 1. I~.nrth. Will the proposal result in: Unstable earth condkions or in changes in geologic substructures? X Disruptions, displacements, compac- tion or overcovering of the soft? X Substantial change in wpography or ground su~ace relief futures? X The destruction, covering or modi- fication of any unique geologic or physical features? X Any substsntial increase in wind or water erosion of mils, either on or off site? ChanZes in deposition.or erosion of beach sands, or chan~es in siitafion, deposition or erosion which may modify ~he cb~n~el of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or pwpeny to geologic h=-~rds such as earth quakes, landslides, mudslides, ground faillife, or Slmilaf hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? The creation of objeaionable odors? Alteration of air movement, moisture, or t~mperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: SubstantialChanges in currents, or the course or direaion of water movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage patterns, or the rate and mount of surface runoff?. Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? Ye~ Maybe No X X swr^mumm~4rr~.~c ,~ 38 Discharge into surface waxen, or in any alteration of surface water quality, including, but not limited to, t~mp~ramr~, dissolved oxygen or mrbidity? Alteration of the direction or rate of flow of ground waters? Change in the quantity of ground waters, eilher through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related bnT~rds such as flood- ing or tidal waves? Plant Life. W~l the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, or endangered species of plants? Introduction of new species of plants inw an area of native vegetation, or in a barrier to the normal replenishment of existing species? Substantial reduction in acreage of any agricultural crop? Y~S Maybe No X X X X 3~TAFFRF'/"~'~I4TrM-PC vlw 39 10. Animal Life. Will the proposal result Change in the diversity of species, or numbers of any specie~ of ~s (birds, land anlmals including rep- tiles, fish and shellfish, benthie organisms or insets)? bs Reduction of the humben of any unique, rare or endangered specie~ of animals? Demrioration to existing fish or wildlife habitat?, Noise. Will the proposal result in: a. Increases in existing noise levels? Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned lend use of an area? Natural Resourtes. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Yes Maybe No X X ll. 12. 13. 14. Possible interforence with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the hum~m population of an area? Housing. Will the proposal affea existing housing or create a demand for additional housing?. Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movemere? Effects on existing parking facili- ties, or demand for new parking? Substantial impact upon existing transportation systems? Alterations to present patterns of circulation or movement of people and/or goods? Alterations to waterborne, rail or air traffic? Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire proteaion? b. Police protection? c. Schools? d. Parks or other recreational facilities? Yes Maybe N__~o X X X X X X X 15. 16. 17.. 18. Maintenance of public facilities, including roads? f. Other governmental services: F. nergy. Will file'proposal result in: Use of substantial mounts of fuel or energy?. Substantial increase in demnnd upon existing sources of enagy, or require file development of new sources of energy? Utilities. Will file proposal result in a need for now systems, or subsUmtial alterations to file following utilities: a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? Human Health. Will the proposal result in: Creation of any health hazard or potential health hazard (excluding mental health)? by Exposure of people to potential health hazards? Aesthetics. Will the proposal result in file obsU'uaion of any scenic vista or view open Io the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Y~ Maybe No X X _ _ X X S~'TAFFRIsT~TII4'I*rM.PC qw 42 19. 21. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Cultural Resources. Will the proposal result in the alteration of or the desu'uction of a prehisWric or hiswric archaeological site? Will the proposal result in adverse physical or ae~hetic effects to a prehiswric or hisWric building, structure~ or object?. Cs Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? Mandatory F'mdings of Significance. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause afish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California hisWry or prehiswry? Does the project have the potential to achieve short-term, to the disadvantage of long-ten, environ- mental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future.) Yes Maybe N._~o X _ _ X Sk~rAFFRI~'~"?~I4'FYI~'I~C vlw 43 Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separate resources may be relatively sinsit, bu~ where the effect of the wtal of those impacts on the environment is significant.) Does the projea have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly?. Yes Maybe No X S~TAFI~-FI'~"~I4Tr~d.lsC ~ 44 HI DL~C'U$~ION OF -x'aE ENVIRONMENTAL EVALUATION Earth 1.a. 1.b. 1 .c.d. 1.e. 1.f. 1.g. Air 2.b. No. The proposed projea is not anticipated to cause changes in geologic substructures and create unstable earth eondi~om. Since this appwval does not provide enti~ements for structures, no mitigation measures are necessary at this point. However, the Public Works DeparUnent is responsible for implementation of necessary mitigation measures prior to issuance of grading permits to insure stable earth conditions for the project. Yes. The appwval of this pwjea will not cause disruptions, displacements, compaction or overcovering of the soil. The ultimate development of this site will eventually cause these conditions. However, these enaditions will not cause a substantial impact on the environment as no substantial changes in topography are necessary. No. The project site does not col}rain unique geologic or physical feamras as determined by a site inspection. Therefore, no substamial changes in topography or Found surface relief features will result. There is no substantial environmental impact. Maybe. The ultimate buildout of the project my result in wind and water erosion of soils as a result of grading. However, standard mitigation measures during the grading stage including watering the disturbed areas to prevent dust and proper erosion control during and after the grading will reduce the impacts to a level of insignificance. No. The site drainage for this projea will be chnnneled through existing improvements and the runoff from this project is not anticipated to cause any offsite erosion. No significant impacts are anticipaU~l. No. The project site is not located in an earthquake, landslide, mudslide, ground failure hazard zones as determined in the Southwest Area Plan (SWAP). No significant impacts are enticipated. No. The construction equipment associated with the consauction of the project and the traffic generated by the ultimate residents and user's of the project are the major contributors to air emi~sious. However, these impacts ere not considered significant since the construction is for a limited time only and the traffic generated from a senior housing project is not significant. No. Objectionable odors are usually associated with commercial and industrial uses. Since this project is exclusively residential in nature there are no significant impam. s~rAram~Ts~4rm.~c ,~ 45 2.c~ Water 3.b. 3.c. 3.d. 3.e. 3.f. 3.g. 3.h. 3.i. No. Due to the size of the project site and its location within the South Coast Air Basin, the alteration of air movements, moisture or temperature, or any change in climate would not occur in conjunction with the ultimate development of the proposed project. No significant impacts are anticipated. No. The ultimste developmentof the proposed project will not result in increased storm water flows in any marine or fresh waters. No significant impacts are anticipated. Yes. By covering the project site with concrete, asphalt and landscaping, the absorption rate of the site n~der existing conditions would be reduced and the mount of surface runoff would be increased. The existing 120 inch storm drain is sufficient to carry this runoff; therefore, no significant impa~ls are anticipated. Maybe. The ultims~ buildout of the projea will result in construction of dwelling units in the flood plain. The pads for these dwellings will be elevated above the flood plain. No significant impacts are anticipated to the course or flow of flood waters. No. The construction of impervious surfaces on the project site will.not substantially alter the existing drainage panems nor proposed drain~Se panems because of the size and location of the project. No significant impacts are anticipated. No. Stormwater runoff and possibly irrigation runoff from the proposed projea would ultimately flow inW the Santa Margarita River. Runoff pollutants will be typical of those of urbanized areas, including motor oil, pesticides, herbicicles and fertilizers. This impact will be mitigated by the clearance issued by the State Water Resources Control Board. This clearance will insure compliance with the National Pollntant Discharge Elimination System (NPDES). No significant impacts are anticipated. No. The runoff from the project is conveyed to Murrieta and Temecula Creeks which flow into the Santa Margarita River. Both Murrieta and Temecula Creeks and the Santa Margarita River recharge the ground water in the Murrieta-Temecula basin. The runoff from this project is not anticipated to change the direction or rate of flow of ground waters. No significant impacts are anticipated. No. The project site is within Rancho Water District and will not draw from the ground water for their everyday use. Therefore, no significant impacts are anticipated. No. Rancho Water District has indicated the availability of water to serve this project. Therefore, there is no potential for substantial reduction in the availability of water. No. significant impacts are anticipated. Maybe. A portion of the projea site is within the flood plain. However, the project will be conditioned to construct the dwelling units above the flood plain limit per the FEMA standards which will mitigate any impacts to people and property from water related hazards such as flooding. No significant impacts are anticipated. S~STA~I4TTM.!~C v~w 46 Plant Life 4,b.c. Animal Life 5.a. 5,b. 5.c. Noise 6.a. 6.b. Yes. The Biological Assessment prepared for the project site date, trained existence of Non-U.5. waters w~and on the site. The project is conditioned for preserving this wetland by requiring a fifty (50) foot easement on each side of the wetlands thereby preserving the wetlands which will be incorpor~_t~ into the design of the golf course. The project in general will introduce new species of plants and will eliminate the native plants present at this time. However, none of the existing species are considered sensitive. No algnificaut impacts are anticipated. No. The proposed projecl will not reduce the numbers of any unique, rare, or endangered species of plants as determined by the Biological Assessment. The project site is not presently being used for agricultural purposes; therefore, no significant impacts are anticipated. Maybe. The ultimat~ development of the site my eliminate some of the native anlmaJs on the site however, soma may survive in an urban environment. The only additions to the animal life are expecU~l to be honschold pets. The impact of this development is not considered significant for this category. No. The biological study recommended a focused K-Rat survey which identified no Steven's Kangaroo Rats on the site. No other sensitive or endangered species were identified on the site by the biological study. Therefore, no significant impacts are anticipated. No. Since there is no significant habitat for any sensitive species other than the wetland there is no significant impact. The wetlands will be protected by two fifty (50) foot easements and will be incorporated into the design of the golf course. No. The ultimate development of the site will not significantly increase the existing noise. levels. The short term impacts are associated with the construction of the project and the long term impacts will mos~y result from the l~affic generated by this project. Due to the size and location of this project these impacts are not considered significant. Maybe. The proposed project abuts an existing high school stadium. The noise generated from this stadium is expected to impact at least a portion of the senior housing project. Since the exact location and type of the dwelling units is not known at this time, a detailed noise study will be required to mitigate the impacts of the stadium noise on this project. The mitigation measures may include building orientation, design features, landscaping, etc. No significant impacts are anticipated. SxS'TAFFR'FT~7314Tr]VLPC vlw 47 Light and Glare No. The project will not result in a significant increase in the light and. glare of the area. Furdaermore, the projea will be conditioned to comply with Mr. Palomar lighting requirements. All lights will be condi~oned to be directed on site, therefore, reducing the impact on the neighboring properties to a level of insignificance. The light and glare produced from the high school stadium will impact this project which has been conditioned to deal with this impact. The conditions will be enforced at the plot plan stage and include building orientation, building design, setbacks, etc. Land Use Yes. This project includes a zone change from R-R to R-3. The R-R zoning designation permits low density single fnmily development with mlnimllnl .5 acre lots and a variety of commercial uses. The R-3 ZOning designation will create high density senior housing and the supporting uses which w~l be dictated by the Development Agreement. This change will not result in a significant impact because of the low impact nature of senior housing. Natural Resources 9.a.b. No. Imple~nentation of the proposed projea would increase the rate of consumption of both renewable and nonrenewable n~,ral resources during construction end project operation. Natural resources consumed during couswuction would be aggregate materials, timber, and energy resources for on-site couswuction equipment and for trampon vehicles which would bring supplies to the site. At build out, energy resources required during project operation would include gasoline, natural gas for heating and cooling, elearicity for lighting, and appliances. As all of these resources are readily available commercially, the proposed project would not have a significant impact on natural resources. Risk of Upset lO.a. No. The proposed projea is residential in nature and it is not expected to house any material with the potential for an explosion or the release of hazardous substance. The gasoline in the ~nnh of the residents' and the visitors' cars and the pesticides used for maintenance of the landscaping are not expected to ereate significant impacts. 10.b. No. The proposed project will be reviewed by the Fire Department at the Plot Han stage; therefore, ell response time and emergency vehicle tumarounds will be examined at that stage. No significant impacts are anticipated. 3~TA~I41'rM.FC v~w 48 Population ll.a. No. The ultimate build out of the project will increase the senior citizen population in the project vicinity. This increase could be in the form of out of town residents moving inw the city, relocation of Temecula residents in the area or a combination of the two. This impact is not expeaed to be significant. Housin~ 12. Yes. This project will have a positive impact on the housing in the region since it will provide additional housing for senior citizens, No negative significant impact is anticipated. Transportation/Circulation 13.a.c. Maybe. The project will generate approximately 1,610 daily vehicle trips, 130 of which are expected W occur during the evening peak hour. According w the traffic study, the major intersections impacted by this project will operate at Level of Service C or better. No significant impacts are anticipatad since mitigation measures have been incorporated into the projea. These mitigation measures include improving Panba Road and Rancho Vista Road bordering the project to their ultimate half-section widths as secondary highways {88 feet right-of-way) in conjunction with development. A painted median with left turn pockets will. be provided for traffic on Rancho Vista Road and on Pauba Road desiring W turn left into the project entrances. The.project w~l be required to participate in the future construction of off-site capital improvements through established procedures. 13.b. No. The projea will not create additional demand on existing parking facilities since the proper number of parking spaces will be provided for the site as required by Ordinance No. 348. Therefore, no significant impacts are anticipated. 13.d. No. The development of this project will not cause any alterations W present patterns of circulation or movement of people and/or goods since the major roads are already established in the vicinity of the project. Therefore, no significant impacts are anticipated. No. This project will not cause alterations wwaterborne, rail or air traffic due to the nature ofthe project, its geo~raphic location, and local transportation system. TherefOre, no significant impacts are anticipated. 13.f. Maybe. Project-related traffic could create new traffic hazards to moWr vehicles, bicyclists, and pedestrians, both on and off the project site. Points of conflict would be created as a result of additional points of ingress and egress along Pauba Road and Raneho Vista Road. Internal circulation panems could also result in potential hazards to pedestrians. Public Services 14.a. 14.b. 14.c. 14.d. 14.e, The following measures need to be incorporated into the project design to reduce the impacts of the project to an insignificant level: The gate for the proposed senior housing should be setback from the Right"of- Way to allow for proper stacking of cars behind the gate. Vehicular and pedestrian entries to the project should be clearly identifiable to visitors through the use of signage, hardscaping and landscaping. Circulation within the site should be designed to minimiTe conflicts between auWmobiles and pedestrians. A pedestrian friendly design needs to be incorporated into the project design providing adequate pedestrian circulation. Accent paving, crosswalks, landscaped walkways and adeq-ate lighting should be used to identify and walks enhance pedestrian . Consideration should be given to providing safe pedestrian access through parking areas and from the public street walkways to building entrances. No. Mitigation fee of $400.00 dollars for each unit will be collected to mitigate the impacts of this development on Fin~ Service. The Fire Depzutm~nt will review the Plot Plan for this project to insure adequate service. No significant impacts are anticipated. No, The City of Temecula is contracting through the Riverside County Sheriffs Department for law enforcement services. This contract provides for thirty-one sworn officers and seven non-sworn officers. Additional services are provided to the City through various divisions within the Sheriffs Department. The average response time for priority one calls is 6.5 minutes and according to the Sheriffs Department this response time is well within industry standards for adequate service levels. The City rotends to maintain a ratio of 1 officer per 1,000 residents. No significant impacts are anticipated. No. The proposed project is an exclusively senior housing project. No school aged children are anticipated to be generated from this project. No significant impacts are anticipated. No. The proposed project will include a private golf course and other active amenities. A senior canter might also be a pan of this project which will create new activities for the residents. No significant impacts are anticipated. No. The projea will cause increased traffic on city streets; however, this is not considered a significant impact (refer to No. 13). -, sxs'r^mu,r~s~4rru.~c ,,v, 50 14.f. Maybe. The future project residents will be using governmental services such as libraries; however, a $100.00 per dwelling unit mitigation fee imposed on this project will mitigate the impact. No significant impacts are enticipated. Energy 15.a.b. No. The implementmion of the proposed project would ina'ease the rate of cousumption of fuel and other energy resources. During cousmlction, consmwtion equipment would be consuming energy resources. At buildout, energy resources would be required during projea operation, such as gasoline, natural gas and electricity. However, the proposed projea would not result in the use of substantial amounts of fuel or energy which. are commercially abundant. No significant impacts are anticipated. Utilities 16.a.b.c. d.e.f. No. All the utilities and services are within close proximity W the project site and will be extended to the project site with agreemedL~ between the developer and the individual agencies. No significant impacts are anticipated. Human Health 17.a.b. No. The nature of the proposed uses permitted on the project site is not such that they would create potential health hazards. No significant impacts are anticipated. Aesthetic~ 18. Maybe. The project will go through further review in terms of architecture and landscaping when a Plot Plan application is fled. All aesthetics issues will be dealt with at that stage. At that time close anention shall be given to the impacts, if any, to the existing single family dwellings to the north of the project site and the existing schools on the west and east of the site. No significant impacts are anticipated. Recreation 19. Yes. The proposed projea will include a private golf course and other active amenities. A senior center may also be a pan of this projea which will create new activities for the residents. These impacts are considered positive and will not cause significant negative impacts. Cultural Resources 20.a.b.c.d. No. The proposed project will not have a significant impact on prehistoric or hiswric cultural resources according to the University of California Eastern Information Center. This conclusion was made upon completion of a Phase I study. A condition will be imposed on the project to have a qualified archaeologist present at the time of grading as required by the Eastern Information Center. $~TAFFRIPI'I27~I4TTM'InC vlw 51 ENVI~O~AL Dwrg~!INATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I fred that although the proposed project could have a signi- ticant effect on the environment, there w~l not be a signi- ticant effect on this case because the mitigation measures described on auached sheets and in the Conditions of Approval have been added w the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effec~ on the environment, and an ENVIRONMENTAL Hv!PACT REPORT is required. June.?.5. 1992 Da~ For CITY OF TEMECULA sxs'rAmu. mT~14rm..c ,,F, 52 ATTA~ NO. 6 DE~ OPM]~NT AGI~!~fi~NT 53 RECORDED AT THE REQUEST OF City Clerk City of Temecula WHEN RECORDED RETURN TO City Clerk City of Temecula 43174 Business Park Drive Temecula, CA 92590 RECEIVED JUL 3 0 1992 Ans'd ............ DEVZLOPMENT AGHE~MEI~T BETWEEN CITY OF TEHECUL~ and THE LINFIELD SCHOOL '4.5 ANNEXATION AND DEVEtOP~ AGREEMENT BETWEEN CITY OF TEMECULA end THE LINFIELD SCHOOL This Development ("Agreement") is entered into to be effective on the date it is recorded with the Riverside County Recorder(the **Effective Date"). by and among the City of Temecula, a California municipal corporation ("City") and the persons and entities listed below ("Owner"): THE LINFIELD SCHOOL RECITALS A. The legislature of the State of California has adopted California Government Code Section 65864-65869.5 ("Development Agreement Legislation") which authorizes a city to enter into a binding development agreement with persons having legal or equitable interests in real property located within a city's municipal boundaries for the development of such property. B. Pursuant and subject to the Development Agreement Legislation, the City's police powers and City Resolution No. 91-52, city is authorized to enter into binding agreements with persons having legal orequitable interest in real property located within the City's municipal boundaries under which such property may be developed in the City. C. In lieu of obtaining approval of a Specific Plan for the development of the Property, Owner has requested City to consider entering into a development agreement relating to the Property. D. By electing to enter into this Agreement, City shall bind future members of the City Council of City by the obligations specified herein and further limit the future 14874.5 (7rfH92) ' 1 -- exercise of certain governmental and proprietary powers of and members of the City Council. E. The terms and conditions of this Agreement have undergone extensive review by the staff of the City and the City Council of City and have been found to be fair, just and reasonable. F. City finds and determines that it will be in the best interests of its citizens and the public health, safety and welfare will be served by entering into this Agreement. G. All of the procedures of the California Environmental Quality Act have been met with respect to this Agreement. H. City was incorporated on December 1, 1989. Pursuant to California Government Code Sections 65360 and 65361, the City has forty-two (42) months following incorporation to prepare and adopt a general plan. During this 42-month period, the City may approve development projects without being subject to the requirement that its decisions be consistent with the general plan so long as the findings set forth in Section 65360 and the conditions of approval of the California Office Of Planning and Research are met. I. Pursuant to City Ordinance No. 90--4, the City has adopted the County of Riverside's land use, subdivision and mitigation fee ordinances as amended by City Ordinance Nos. 90-05 through 92-15. Pursuant to City Resolution No. 90-31, the City has adopted the Riverside County Southwest Area Community Plan ("SWAP"), as a planning guideline during the preparation of the City's General Plan. J. The City Council of City hereby finds and determines that: (1) The City is proceeding in a timely fashion with the'preparation of its general plan. (2) There is a reasonable probability that the Project will be consistent with the general plan proposal presently being considered. (3) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the Project is ultimately inconsistent with the plan. (4) The Project complies with all other applicable requirements of state law and local ordinances. K. Owner is the fee owner of a ninety-six and nine- tenths (96.9) acre parcel of undeveloped land located South of Rancho Vista Road, east of Temecula Valley High School and north of Pauba Road, hereinafter referred to as the "Property" as described in Exhibit "A" attached hereto and made a part herein by this reference. This Agreement applies to the development of a forty-eight and three-tenths (48.3) acre portion of the Property, comprised of Lots 1-4 of Tentative Parcel Map No. 27314. L. City and Owner desire that the Property be developed as a Senior Citizen Housing Development as further described herein. M. The City Council of City hereby finds and determines that: (1) The environmental impacts of this Agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City approvals for the Project. (2) No other mitigation measures for environmental impacts created by the Project, as presently approved shall be required for development of the Project unless mandated by law. (3) City may, pursuant to and in accordance with its rules, regulations, and ordinances, conduct an environmental review of subsequent discretionary entitlements for the development of the Property or any changes, amendments, or modifications to the Property. The -3- City, as a result of such review, may impose additional measures (or conditions) to mitigate as permitted by law the adverse environmental impacts of such development entitlement which were not considered or mitigated at the time of approval of the Project. N. Within forty-eight (48) hours of the effective date of this Agreement, Owner shall deliver to the Planning department a check payable to the County Clerk in the amount of One Thousand Two Hundred Seventy-Five Dollars (1,275.00), which includes the One Thousand Two Hundred Fifty Dollars ($1,250.00) fee required by Fish and Game Code Section 711.4(d)(2) plus the Twenty-Five Dollar ($25.00) county administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the Owner has not delivered to the Planning Department the check required above, this Agreement shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). O. city council of City has approved this Agreement by Ordinance No. adopted on , 1992, and effective on , 1992. 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: 1. Definitions. In this Agreement, unless the context otherwise requires: (a) "Congregate Care Facility" is a congregate care residential facility developed pursuant to Riverside County Ordinance No. 460, and Sections 8.1, 8.2, 19.101, 19.102 and 19.103 of Riverside County Ordinance No. 348. (b) "City" is the City of Temecula. 1~874,5 (7/27N2) (c) "Development Approvals" means all those discretionary land use entitlements necessary to develop the Property, including, but not limited to, zoning changes, tentative subdivision maps, plot plans, and conditional use permits. (d) "Development Exaction" means'any requirement of City 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 to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. (e) "Development Plan" means the development of the Property as depicted in Exhibit G. (f) "Existing Development Approvals" means those certain Development Approvals in effect as of the effective date of this Agreement with respect to the Property, including, without limitation, the "Existing Development Approvals" listed in Exhibit B which were approved by the City of Temecula. (g) "Land Use Regulations" means all ordinances, resolutions,' codes, rules, regulations and official policies of City, governing the development and use of land including without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the Property which are a matter of public record on the Effective Date of this Agreement. "Land Use Regulations" does not include any County or City ordinance, resolution, code, rule, regulation, or official policy, governing: (1) and occupations; (2) (3) The Conduct of businesses, professions, Taxes and assessments; The control and abatement of nuisances; -5- (4) The granting of encroachment permits and the conveyance of rights and interest~ which provide for the use of or the entry upon public property; (5) The exercise of the power of eminent domain. (h) "Senior Citizen Housing Development" means a multi-family development intended for persons 55 years of age or older, as further defined atCalifornia Civil Code Section 51.3. (i) "Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with development of the Property. (j) "Project" is the development of the Property with the following specific uses: (i) multifamily senior housing complex; (ii) congregate care facility; (iii) skilled nursing facility; (iv) personal care facility, and (v) Seniors' Community Center; and (vi) a nine (9) hole private golf course. (k) "Owner" means the person having a legal interest in the Property; (1) "Subsequent Land Use Regulation" means any Land Use Regulation adopted and effective after the Effective Date of this Agreement. (m) "Property" is the real property referred to in Exhibit "A". 2. Interest of Owner. Owner represents that he has a legal interest in the Property and that all other persons holding legal or equitable interests in the Property are to be bound by this Agreement. 3. Exhibits. The following documents are referred to in this Agreement, attached hereto and made a part hereof by this reference: · 4.s C;/TT/~> -6- " Exhibit Desiunation Referred to in-ParauraDh Description A Legal Description of the K Property B Existing Development l(f), 15.2 Approvals C Development Schedule 9, 10 D Public Facility Fee 14.2 Agreement E Fee Credit 14.3 F Deed Restriction 10 G Development Plan 9 4. Term. (a) The term of this Agreement shall commence on the Effective Date andshall extend for a period of fifteen (15) years thereafter, unless this Agreement is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto. (b) Should the Owner: (i) fail to obtain all Subsequent Development Approvals to develop and complete the Project, or (ii) breach the Development Schedule, Owner agrees to City amending the land use designation to Low Medium Density Residential or Institutional, and amending the zoning to Single Family Residential (R-l). (c) Notwithstanding any other provisions of this Agreement, upon the sale or lease of any lot, dwelling or unit to a member of the public or other ultimate user, this Agreement shall terminate with respect to any such lot, dwelling, unit or space, and such lot, dwelling, unit or space 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: 14874.S Or17se) ~ 7 - (1) The lot has been finally subdivided and individually (and not in "bulk") sold or leased to a member of the public or other ultimate user; and, (2) A Certificate of Occupancy has been issued for a building or the lot, and the fees set forth under Section 14 of this Agreement have been paid. Notwithstanding the sale of any individual lot, dwelling, unit or .space as set. forth herein, the Owner shall remain liable to perform any and all outstanding obligations, still unperformed or uncompleted at the time of sale, with respectto said lot, dwelling, unit or space required by this Agreement or as a condition of any development approval. The Owner shall condition the sale and deed sufficiently to ensure the completion of said obligations. 5. Assignment. 5.1 Right to Assign. The Owner shall have the right to sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq., or Riverside County Ordinance NO. 460, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04) to any person, partnership, joint venture, 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, the Owner shall notify City, in writing, of such '4.5 GRIT/92) --8-- sale, transfer, or assignment and shall provide City with an executed agreement, in a form acceptable to the City Attorney, by ~he purchaser, transferee, or assignee and providing therein that the purchaser, transferee, or assignee expressly and unconditionally assumes all the duties and obligations of the Owner under this Agreement. Any sale, transfer, or assignment not made in strict compliance with the foregoing conditions Shall constitute a default by the Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee, or assignee to execute the agreement required by Paragraph (b) of this Subsection, the burdens of this Agreement shall be binding upon such purchaser, transferee, or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee, or assignee until and unless such agreement is executed. 5.2 Release Of Transfertins owner. Notwithstanding any sale, transfer, or assignment, a transferring Owner shall continue to be obligated under this Agreement unless such transferring Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Owner of all of the following conditions: (a) The Owner no longer has a legal or equitable interest in all or any part of the Property except as a beneficiary under a deed of trust. (b) The Owner is not then in default under this Agreement. (c) The Owner has provided City with the notice and executed agreement required under Paragraph (b) of Subsection 5.1 above. (d) The purchaser, transferee, or assignee provides City with security equivalent to any security previously provided by Owner to secure performance of its obligations hereunder. 14874.~ (7m/9~) --9-- 5.3 Subsequent Assianment. Any subsequent sale, transfer, or assignment after an initial sale, transfer, or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 6. Mortaauee Protection. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from enc-m~ering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust, or other security device securing. financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet.with the Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Owner shall reimburse City for any and all of City's costs associated with said negotiations, interpretations, and modifications and shall make reimbursement payments to City within thirty (30) days of receipt of an invoice from City. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the Owner in the performance of the Owner's obligations under this Agreement. (c) If City timely receives a request from a Mortgagee reguesting a copy of any notice of default given to the Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to the Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mor~cgagee 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 oontrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Owner's obligations or other affirmative covenants of the Owner hereunder, or to guarantee such performance, provided however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 6.3 of this Agreement. (e) Any Mortgagee who comes into possession. of the Property, or any portion thereof, pursuant to subsection (d) above and who elects not to assume the obligations of the Owner set forth herein shall not be entitled to any rights to develop which have or may have vested as a result of this Agreement. 7. Bindin~ Effect of A~reement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors-in-interest to the parties to it. 8. Relationship of Parties. It is understood that the contractual relationship between City and Owner is such that the Owner is an independent contractor and not the agent of City. 14s~.somm) -11- 9. Pro~ect Zoning. Pursuant to the Existing Development Approvals, the Project description contained at Section 16.1 of this Agreement, and the Development Plan, the Property has been rezoned from Rural-Residential (R-R) to General Residential (R-3) to permit Project development. The land use designation under SWAP is presently one (1) acre'minimum; under the new General Plan to be adopted, the Property will likely be designated high density residential. The rezoning and proposed land use designation is conditional upon the completion of the Project pursuant to the Development Schedule. Any substantial breach of the Existing Development Approvals, Development Schedule or Development Plan shall constitute a material breach of the Agreement. 10. Development Schedule. (a) Owner shall develop the Property pursuant to the Development Schedule contained in Exhibit C. (b) Concurrently with recording Parcel Map No. 27314, Owner shall record a deed restriction in substantially the form of Exhibit F, as to Parcels 1-4 of said Tract, restricting occupancy in the Project to persons fifty-five (55) years of age and older. (c) 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, 37 Cal. 3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties, agreement, it is the parties, intent to cure that deficiency by acknowledging and providing that the Owner shall have the right to develop the Property in such order and at such rate and at such times as the Owner deems appropriate within the -12- exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Schedule. 11. Mold Harmless. Owner agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for damage or Claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the. Owner or those of his contractor, subcontractor, agent., employee or other person acting on his behalf which relate to the Project. Owner agrees to and shall indemnify, defend, and hold harmless the City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Owner's activities in connection with the Project. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this paragraph, regardless of whether or not City prepared, supplied, or approved plans or specifications or both for the Project and regardless of whether or not the insurance policies referred to herein are applicable. Owner further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of this Agreement or the Project. 12. LitiGation. 12.1 Third Party LitiGation Concerning AGreement. Owner shall defend, at its expense, including attorneys fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action, or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement orthe approval of any permit granted pursuant to this Agreement. City shall promptly notify Owner of any such claim, action, or proceeding, and City shell cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, or proceeding, or if City fails 148~.50m~) -13- to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. city may in its discretion participate in the defense of any such claim, action, or proceeding. 12.2 Environmental Assurances. Owner shall indemnify and hold City, 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, solid or hazardous waste or to environmental conditions on, under or about the Property. Said violations shall include, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may, in its discretion, participate in the defense of. any such action. 13. Third Party Litigation Concerninu the General Plan. City is a newly incorporated city falling within the scope of Government Code Sections 65360 and 65311 and thus not subject to the requirement that a General Plan be adopted or that development decisions be consistent therewith so long as the City makes certain findings, which the City has made at Section J. of this Agreement. Notwithstanding these findings City shall have no liability in damages under this Agreement for any failure of City to perform under this Agreement or the inability of Owner to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the findings made under Section 65360 and 65361 or the future General Plan, are invalidated or inadequate or'not in compliance with law. 14. Public Benefits. Public Improvements and Facilities. · 4.5 (7/~7/.n) -714 - 14.1 ~_~. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by development of the Project and further acknowledge and agree that this Agreement confers substantial private benefits on the Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on the Owner by providing more fully for the satisfaction of the public needs resulting from the Project. 14.2 Impact Fees. (a) The developer(s) of the Property shall pay a capital or impact fee for road improvements and public facilities the City may adopt for development ("Public Facilities Fee"), in the amount in effect at the time of payment of the fee. (The term "developer(s) of the Property or Project" as used' in this Section shall mean the person(s) who seeks a building permit to construct structures on the Property. These individuals shall hereinafter be referred to as the "Developer".) If an interim or final public facility mitigation fee or benefit district has not been finally established by the date on which Developer requests its building permits for the Project or any phase thereof, the Developer shall execute an Agreement for Payment of a Public Facility Fee, in substantially the form of Exhibit D. (b) Owner shall pay all other impact fees provided. for under the Land Use RequlationS, including, but not limited to the Residential Impact Fee (pursuant to Riverside County Ordinance No. 659) and Flood Control, Fire, Library, Traffic Mitigation and K-Rat Fees. 14.3 Fee credits and Schedule. In exchange for the dedication of land, the construction of improvements and the payment of fees, Owner shall be entitled to Fee Credits set forth in Exhibit E. 14.4 Waiver. By execution of this Agreement, Owner waives any right to object to the imposition of the ~48~.50m/~ -15- provisions of Section 15 of this Agreement, the adoption of any interim or final Public Facility Fee, or the procesS, levy, or collection of any interim or final Public Facility Fee for this Project; provided that Owner is not waiving its right to protest the reasonableness of any interim or final Public Facility Fee, and the amount thereof. 15. Reservation~ of Authority. 15.1 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, including, but not limited to: (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendation, appeals, and any other matter of procedure. (c) Regulations governing construction standards and specifications including, without limitation, the City's Building Code, plumbing Code, Mechanical Code, Electrical Code, Grading Code and Fire Code. (d) Subsequent Land Use Regulations which are in conflict with the Development Plan. 15.2 Subsequent Development ADDrOValS. This Agreement shall not prevent City, in acting on Subsequent Development Approvals from applying Subsequent Land Use Regulations, even if they conflict with the Existing Land Use Regulations, Existing Development Approvals or the Development Plan. Further, this Agreement shall not prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing or Subsequent Land Use Regulations. -16- 15.3 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 remai. n 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. 15.4 Regulation bv Other Public A~encies. It is acknowledged by the parties that other public agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 15.5 Vestin~ Tentative MAPS. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, et seo.) and Riverside County Ordinance No. 460, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04, and if this Agreement is.determined by a final judgment to be invalid or unenforceable insolaf as it grants a vested right to develop to the Owner, then and to that extent the rights, obligations, and protections afforded the Owner and City respectively, under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement~ and the provisions in this Agreement shall be controlling over ahy conflicting provision of law or ordinance concerning vesting maps. 16. Development of the ProDertv. ]4874.5Om~) --17-- 16.1 Pro~ect. The Property shall be developed with the following uses, and only the following uses: (a) Senior Citizen Housing Development on Parcel 2 of Parcel Map 27314, not to exceed 20 dwelling units per net acre; "' ~ ~ (b) Nine (9) hole golf course on Parcel 2 of Parcel Map 27314; (c) Senior's Community Center on Parcel i of the Parcel Map 27314; (d) Congregate Care Facility on Parcel 3 of Parcel Map 27314; and (e) Skilled Nursing and Personal Care Facilities on Parcel 4 of Parcel Map 27314. No change, modification, revision or alteration of these uses or of the Project may be made without the prior amendment of this Agreement. 16.2 Riuhts to Develop. 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 Section 16.1 and the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. 16.3 ChanGes and Amendments. Notwithstanding Section 16.1, 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 Project. In the event the Owner finds that a change in the Project is necessary or appropriate, the Owner shall apply for a Subsequent Development Approval to effectuate such change and City shall process and act on such application in accordance with the Subsequent Land Use Regulations. If approved, any such change in the Project shall be incorporated herein as an addendum to this Agreement and may · 4.somm) -18- be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Project shall be deemed "minor" and not require an amendment to this Agreement provided such change does not: (a) Alter the permitted uses of the Project as a whole; or, (b) Increase the density or intensity Of use of the Project 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 Project as a whole; or, (e) Constitute a project requiring a Subsequent or Supplemental Environmental Impact Repor~ pursuant to Section 21166 of the Public Resources Code. 17. Periodic Review of Compliance with AGreement. (a) Pursuant to City Resolution No. 91-52, as it may be subsequently amended, City shall review this Agreement at least once during every twelve (12) month period from the date this Agreement is executed. The Owner or successor shall reimburse City for the actual and necessary costs of this review. (b) During each periodic review by City, the owner is required to demonstrate good faith compliance with the terms of the Agreement.' The owner agrees to furnish such evidence of good faith compliance as City in the exercise of its discretion may require. 18. Amendment or Cancellation of AGreement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Sections 65868, 65867 and 65867.5. If the Amendment is requested by the Owner or successor, the Owner/successor agrees to pay City any Development Agreement Amendment fee then in existence as established by City Council 14s~.~Omm) -19- Resolution, or if no such fee is established, to reimburse City for the actual and necessary costs of reviewing and processing said Amendment. 19. Breach of A~reement. (a) The City reserves the right to terminate this Agreement in the event of a material breach of any of its material terms or any material term of any applicable federal, state or locel statute or regulation, which breach is not cured following written notice and a reasonable opportunity to cure. In finding such a breach: (i) City does not waive any claim of defect in performance by Owner implied if on periodic review the City does not propose to modify or terminate the Agreement. (ii) Non-performance shall not be excused because of a failure of a third person; and (iii) Non-performance shall be excused only when it is prevented or delayed by acts of God or an emergency declared by the Governor. (b) The notice to curt period shall be thirty (30) days (except in cases of emergency where a shorter time may be prescribed consistent with the nature of the emergency). Where thirty (30) days is insufficient time for the Owner to cure the notified breach, Owner shall be deemed in compliance with the provisions if, within that thirty-day time period Owner begins good faith efforts to cure such breach and shall present a specific and reasonable timetable to the City for the cure of the notified breach. If the breach is not cured within such time period or within such additional time period specified in such notice, the Planning Director shall cause to be noticed a public hearing before the City Council. (c) The Council shall hold a public hearing, upon ten (10) days written notice duly given to Owner and published notice provided to the public. Owner may appear at the public hearing before the Council and present information, orally or in documented form, that it deems relevant and appropriate to the -20- Council's deliberations. Based on the evidence presented at the public hearing, the Council shall determine by resolution whether the Agreement should be terminated. Nothing herein is intended to limit Council's right to make other determinations which are reasonably related to the Agreement. (d) The City Council shall cause Owner to receive written notice of any action taken following the public hearing. (e) Within not less than thirty (30) days of receiving notice of the City Council's action, Owner shall be entitled to initiate an action in state court to seek judicial review pursuant to California Code of Civil Procedure Section 1094.5. In the event Owner initiates such a review, the Council's determination shall be stayed pending a.final order of the court. (f) Upon a finding of material breach of this Agreement, and the failure of Owner to successfully challenge the same in a court of law, City may not only terminate this Agreement, but also shall amend the land use designation of the Property to Institutional or Low-Medium Density Residential, and amend the zoning to Single Family Residential (R-l); Owner further agrees to such amendments. (g) All other remedies at law or in equit~ which are not otherwise provided for in the Agreement or in City's regulations governing development agreements are available to the parties to pursue in the event there is a breach. 20. Damages UDOn Termination. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City, and its officers, employees and agents, shall not be liable in damages to Owner or to any assignee, transferee of Owner, or any other person, and 14874.5 0f27~9~) --2 1-- Owner covenants not to sue for or claim any damages for breach of that Agreement by City. 21. Attorneys' Fees and Costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. 22. Notices. All notices required or provided for under this Agreementshall be in'writing.and deliveredin person or sent by certified mail, postage prepaid. Notice required to be given to City shall be addressed as follows: To City: City Clerk City of Temecula 43172 Business Park Drive Temecula, CA 92390 Notices required to be given to Owner shall be addressed as follows: To Owner: A party may change the address by giving notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 23. Rules of Construction and Miscellaneous Terms. (a) The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. (b) If a part of this Agreement is held to be invalid, the remainder of the Agreement is not affected. (c) If there is more than one signer of this Agreement their obligations are joint and several. (d) The time limits set forth in this Agreement may be extended by mutual written consent of the parties in accordance with the procedures for adoption of the Agreement. (e) This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person, including but not limited to third party beneficiaries, shall have any right of action based upon any provision of this Agreement. (f) This Agreement may be executed by the parties in counterparts, each of which so fully executed counterpart shall be deemed an original irrespective of the date of execution. 24. CounterParts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year first above written. "CITY" Attest: By: MAYOR City Clerk Approved as to form: City Attorney -By: Name: Title: 14~4.~ 0f27/92} '2 3 ' By: Name: Title: Notary [ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC, EXECUTION ON BEHALF OF ANY CORPORATION SH~LL BE BY TWO CORPORATE OFFICERS,] -. '4.5 ~7m/~2) - 2 4 - EXI-r~IT "A" DESCRIPTION OF THE PROPERTY 148'74,4 EXHIBIT 'B' EXISTING DEVELOPMENT APPROVALS Tentative Parcel Map No. 27314 Change of Zone No. 21 74..~ 0 r27 ~92) ~ EXItlBIT "C" DEVELOPMENT 8tjl-iv:a,ULE Within five (5) years of the effective dam of this Development Agreement, Owner shall have substantially b~,,n construction of each of the following uses: A. Twenty (20) dwelling units of the Senior Citizen Housing Development, and B. The Congregate Care Facility, Skilled Nursing Facility, or Personal Care Facility "Substantially begun construction': shall mean obtaining a building permit and having an approved and inspected foundation. After twenty-five (25) percent of the dwelling units within the multi-family senior housing complex have received Occupancy Permits and prior to the next Occupancy Permit issuance within this complex, owner shall have constructed and obtained a Certificate of Occupancy for the Senior Citizen Center, and shall have completed the golf course. Within five (5) years of the effective date of this Development Agreement, Owner shall have recorded Parcel Map No. 27314 and have obtained all subsequent development approvals for the Senior Citizen Housing Development, the Congregate Care Facility, the Skilled Nursing Facility, and the Personal Care Facility. Within the term of this Development Agreement, Owner shall have obtained Certificates of Occupancy for all buildings identified in the subsequent development approvals. PUBLIC FACH,ITY FEE AGREk'~f~,N'T Recording requested by, and When recorded mail City of Temecula 43174 Business Park Drive Temecula, CA 92590 ,Attn: City Clerk ) ) ) ) ) ) ) ) ) AGREEMENT FOR PAYMENT OF PUBLIC FACILITY FEE This Agreement is made this by and between the City of Temecula ("City") ("Developer"). RECITALS A. "Property") day of and Developer is the owner of'real property (the in the City of Temecula described as follows: Exhibit A, reference pursuant to attached hereto and incorporated herein by Developer proposes to develop the Property (the "Project"). Recording of this Agreement'is fee exempt pursuant to Government Code Section 6103 as it is recorded for the benefit of the City of Temecula, a public agency. C. City has determined that the Project will impact traffic and ~he demand for other public facilities within the City as identified in the for the Project. These i~pacts must be mitigated by payment of a fee for additional road and public facility construction, which fee shall be identified as set forth hereinafter. D. The City proposes to impose a public facility fee upon new developments within the City in order to construct additional public facility improvements to serve and benefit new developments, including the Project. These fees shall be known as the "Temecula City-wide Public Facility Fee Program" or "Public Facility Fee." E. Condition No. of the Project requires that Developer execute this Agreement prior to issuance of a building permit or conditional use permit, or recordation of the final map, as provided specifically in the conditions of approval. F. In order for Developer to proceed without full payment of the Public Facility Fee in a timely manner, City and Developer have determined to enter into this Agreement. G. The term "public facility" shall refer to public and municipal infrastructure, such as roads, highways, flood control facilities, city hall, police stations, community centers, theaters, parks and similar public infrastructure. NOW, THEREFORE, the parties hereto agree as follows: 1. Public Facility Fee: -2- (a) The City Council will establish the amount of the Public Facility Fee at some time in ~he future. The Fee will be based upon the square footage .of each development, ~he vehicle trips generated by each development, or similar measure(s). The Public Facility Fee also shall establish the specific improve- ments to be constructed and their cost, the benefit assessment area and the method by which the fair share, pro-rata obligations of each property are to be established based on impact on traffic and demand for .public facilities. (b) Developer shall pay the Public Facility Fee on each building at such time it receives its cer~zificate of occupancy or final inspection, which ever occurs first. (c) The Council also may establish an Interim Public Facility Fee to be followed by a Final Public Facility Fee. If only the Interim Public Facility Fee has been established at the time the Developer seeks issuance of its certificate of occupancy or final inspection, whichever occurs first, then Developer shall pay the Interim Fee prior to issuanc~ of the certificate of occupancy or final inspection, whichever occurs first. Later, when the Final Public Facility Fee is established, the Developer will be reimbursed for any difference between the Interim and Final Fee if the Interim Fee exceeds the Final Fee, and shall pay the shortfall if the Final Fee exceeds the Interim Fee. (d) If the certificate of occupancy or final inspection occurs prior to the establishment of the Interim or Final Public Facility Fee, then the Developer shall pay a deposit of Two Dollars ($2.00) per square foot, not to exceed Ten Thousand Dollars .($10,000) prior to the issuance of the certificate of occupancy or final inspection. The deposit shall be a credit against the Interim or Final Public Facility Fee. A letter of credit or certificate of deposit may be provided in lieu of the deposit. (e) If either the Final or Interim Public Facility Fee is established after the issuance of the certificate of occupancy or final inspection, the Developer shall pay the Interim or Final Public Facility Fee ten (10) days after receiving notice from the City that it has been established. (f) Notwithstanding the above, Developer shall provide City with written notification of the opening of any escrow for the sale of the Project and shall provide in the escrow instructions that if the Interim or Final Public Facility Fee has been established, the Fee shall be paid to the City from the sale proceeds in escrow prior to distributing the proceeds to Developer/seller. (g) City shall record a release of this Agreement upon payment of all Public Facility Fees owing and shall provide Developer with a copy of such release. 2. Use of Public Facility Fee: The Public Facility Fee collected pursuant to this Agreement shall be used only to construct City-wide traffic and public facility improvements, which improvements are deemed to be of benefit to Project, and for expenses incidental thereto. There is a reasonable relationship between the Project and the Public Facility Fee in that the Project will impact traffic and existing public facilities, and consequently, will require expansion of the City-wide street and highway system, and public facilities in order to meet the added demand resulting from the Project. The amount of the Public Facility Fee to be collected from Project represents the cost of facilities necessary to meet the incremental increase in traffic and demand for public facilities resulting from the Project. 3. Information Provided: Developer shall provide to City, upon City's request therefor, any and all information regarding access to the Project, traffic flow, trip generation factors and such other information as is reasonably necessary to establish the Public Facility Fee. 4. Security for Public Facility Fee: (a) If the Interim or Final Public Facility Fee has been established prior to issuance of a building permit or other entitlement described in Recital E, then, concurrent with the execution of this Agreement, Developer shall provide an irrevocable letter of credit or other form of security approved by City, in a form approved by tam city Attorney, in an amount equal to the total Public Facility Fee for the Project. The amount Of security may be increased upon-City's request should there be an increase in the amount of the Public FaciiityFee. The amount of security also may be reduced upon Developer's payment of Public Facility Fees outstanding. However, except for the deposit provided for in Section'l, no letter of credit is required if neither the Interim or Final Public Facility Fee has not been established as of the date of execution of this Agreement. (b) As an alternative to collecting the fee from the letter of credit, if the Developer fails to pay the Public Facility Fee within thirty (30) days of the date demand is made, the City may assess a penalty of ten percent (10%) of the amount owing and make said Fee, inclusive of penalty, a lien upon the described real property by recording a notice that said Fee is due under the terms of this Agreement with the County Recorder of Riverside County. The notice shall state the fact that said Fee, inclusive of penalty, is due under the terms of this Agreement and shall state the amount, together with the fact that it is unpaid and draws interest on the Fee and penalty at the rate set forth at California Revenue & Taxation Section 19269 until paid. (c) The City may as an alternative to the lien procedure set forth above, bring legal action to collect the Public Facility Fee due. The Developer agrees that if legal action by the City is necessary to collect the Fee the Developer agrees to pay the. City a reasonable sum as attorney's fees and court costs, together with penalty and interest determined according to Paragraph 4(b) of this Agreement. 5. Aareement Runs With Land: This Agreement pertains to and runs with the Property. This Agreement binds the successors in interest of each of the parities. 6. Waive~: By execution of this Agreement, Developer waives any right to protest the provisions of Condition No. of the Project, this Agreement, the formation of any Public Facility fee district, but not the nexus between any Public Facility fee and the Project. 7. Bindina Aareement: This Agreement shall be binding upon Developer, Developer's successors and assigns. 8. Amendment;No Continuinu Waiver: This Agreement may be modified or amended only in writing, signed by both parties. This Agreement contains the full and complete understanding of the parties and supersedes any and all prior oral or written agreements or representations. A waiver of any term or condition of this Agreement by either party shall not be deemed a continuing waiver thereof. 9. Attorneys' Fees: Should either party determine that it is necessary to file a legal action to enforce or interpret the provisions of this Agreement, the prevailing party in that litigation shall be entitled to its reasonable costs, including but not limited to attorneys' fees. 10. Notice: Notice shall be deemed given under this Agreement when in writing and deposited in the United States mail, first- class, postage prepaid, addressed as follows: CITY: DEVELOPER: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: City Clerk 11. Miscellaneous Provisions (a) If any provision of this Agreement is adjudged invalid, the remaining provisions shall not be affected. (b) If there is more than one (1) signer of this Agreement as Developer, their obligations are joint and several. IN WITNESS WHEREOF, the parties or their duly authorized representatives have executed this Agreement as of the date set out above. CITY OF TEMECULA DEVELOPER By: By: David S. Dixon city Manager By: APPROVED AS TO FORM: By: Scott F. Field City Attorney sff/AGR17333 Form of Condition: Developer shall pay a building permit or any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall pay a deposit of $2.00 per Square foot, not to exceed $10,000, and execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. In imposing this condition, the City finds as follows: 1. The fee collected will be used for City-wide road and public facility improvements. 2. The road and public facility improvements (or portions thereof) to be financed will serve the project by providing access, reducing congestion, and providing adequate public facilities, such as, but not limited to, City Hall, police' station, fire station, community center and parks. -i- SiI/AGR17333 3. There is a need for such road and public facility improvements for the project as the project will generate traffic onto the roads to be improved and demand for additional public facilities. 4. There is a reasonable relationship between the amount of the fee and the cost of the road and public facility improvements in that the amount of the fee is no more than the amountof benefit to be received by each unit from access to and use of the road and public facility improvements. -ii- LETTER OF CREDIT (To be on Letterhead of Issuing Financial Institution) CITY OF TEMECULA 43172 Business Park Drive Temecula, CA 92390 Re: Instrument of Credit Delivered as Performance Security for Publi~ Facilities Fee. Gentlemen: [name of financial institution] , a financial institution, subject to regulation by the State of California or the Federal Government of the United States of America, delivers to the City of Temecula this instrument of credit as security ~or performance of the Agreement For Payment Of Public Facilities Fee, dated by and between the City of Temecula and , and referred to herein and by this reference made a part hereof, subject to the following conditions: I. We pledge that we hold and will hold on deposit the sum of Ten Thousand dollars ($10,000.00) as trust funds guaranteed for payment to City of Temecula to secure faithful performance by __, (hereinafter referred to as "Principal") of the Agreement for payment of Public Facility Fee. Upon demand by the City Manager of the City of Temecula, the whole or any portion of said funds shall be paid forthwith to the City should the Principal fail to perform any of its obligations to the City under the Agreement For Payment Of Public Facility Fee. II. No amendment to the Agreement For Payment Of Public Facility Fee, agreed to by City of Temecula and Principal, shall relieve us from liability on this letter of credit. We hereby give consent for any such amendments to be made without further notice to or consent by us. We hereby hold ourselves bound without regard to and independently of any action against Principal whenever taken. We further agree that if City of Temecula sues on this letter of credit, we will pay, in addition to the face value of this letter, all its reasonable costs, expenses and attorneys fees incurred by it in successfully enforcing such obligation, to be awarded and fixed by the court, and to be -1- s ff/LTRll0111 taxed as costs and to be included in the judgment therein rendered. This instrument of credit is irreMocable. Financial Institution Principal (Name) (Title) I swear under penalty of perjury that I have authority to bind the above-named financial institution to the terms of this letter of credit. Executed at California, on , 19 . By: By: By: (Name) (Title) (Name) (Title) Signature Approved as to Form: By: Scott F. Field City Attorney CITY OF TEMECULA -2- sff/LTRll0111 EXHIBIT "E" Upon obtaining a certificate of'occupancy Owner shall dedicate to the City the senior citizen center described in Exhibit C. In exchange for dedication of the Senior Citizen Center and completion of the Golf course, Owner shall receive a full credit against its Quimby Fees required pursuant to Riverside County Ordinance No. 460. EXHIBIT DEED RESTRICTION RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY'CLERK CITY OF TEMECULA 43174 BUSINESS PARK DRIVE TEMECULA, CALIFORNIA 92590 DECLARATION OF RESTRICTIONS This DECLARATION OF RESTRICTIONS made this day of , 1992, by (" ") hereinafter referred to as "Declarant." WHEREAS, Declarant is the owner of Parcels 1-4 of Parcel Map No. 27314 (the "Property"); and WHEREAS, Declarant intends to sell the above described property, restricting it in accordance with a common plan designed to preserve the value and residential qualities of said land, for the benefit of its future owners. NOW, THEREFORE, Declarant declares that said real property shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied, subject to the covenants and restrictions hereinafter set forth expressly and exclusively for the use and benefit of said property and of each and every person or entity who now or in the future owns any portion or portions of said real property. 1. Land Use and Building TYPe. No person may occupy any dwelling unit located on the Property unless he or she is at least fifty-five (55) years of age, or otherwise qualifies for residenCy pursuant to California Civil Code Section 51.3. 2. Term. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty {30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots, and the City of Temecula, has been recorded, agreeing to change said covenants in whole or in part. 3. Enforcement. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrainlviolation or to recover damages. The City of Temecula may enforce any covenant of this Declaration. 4. Attorneys Fees. Should any party bring an action against the other for the purpose of enforcing the terms of this Stipulation, or for damages arising from its breach, then in such event, the prevailing party shall be entitled to its reasonable attorneys fees and costs in addition to any other award entered by the Court. 5. Severability. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, Declarant has executed this Declaration of restrictions the day and year first above written. DECLARANT: Signature Name: Address: EXHIBIT DEVELOPMENT PLAN '1 ATTA~ NO. 7 SECTIONS 5.1 AND 5.2 OF ORDINANCE NO. 348 RURAL RESIDENTIAL ZONING STANDARDS ARTICLE V R-R ZONE (RURAl-RESIDENTIAL) $ECTZDN 5.1. USES PERIqIllED IN R-R ZONE. e. Residential end Ltght Aerlcultoral Uses. (1) Any use permitted tn A-1 Zone, subject to the conditions set forth therein, unless hereinaftermodified. (2) Mobilehaas, used ms e one-f~tly residence, SubJect to the following conelions: e. Nobtlehmes sh~l have a floor area of notless that 45D square feet. b. The area between the ground level Ind the floor of a mobilehems shall be screened fn~ Hew by an opaque skirt enttrely around the mobilehans. The following uses shall be permitted provided approvaq of a plot pqan shall first have been obtained pursuant to the provisions of Section 18.30: (1) Fishing lakes. cemmerctaq and noncu,,,ercial. .est ranches and.oasis. Educational'institutions, 1t braries, museums and post office. (4) Go1 f, tennis. polo or country clubs. Itchsty and golf and driving ranges· (5) Cornmartial uses for the convenience of and Incidental to any of the above permitted uses when located upon the same lot or parcel of land. Feed and grain sales. Nurseries and garden supply stores. Pet shops and pet supply shops. Real estate offices. Signs, on-site advertising. Arts, crafts and curio shops. (6) -..,(?) (1o) (11) Public Utility Uses. (1) Structures end installations necessary to the conservation and dave1 opment of water such ms dens, pi pelthas, water conduits, tinks, canalst reservoirs, wells and the necessary pumping and water production facilities. (2) Structures and the pertinent facilities necessary end incidental to the development and transmission of electrical power and gas Such ms hydroelectric power plmnts, booster or conversion plants, transmission lines, pipelines and the like. {Rmdto broadcasting stations. Telephone trlnsmtsston ltnes, telephone exchanges and offices. Railroads, including the necessary facilities in connection therewith. (6) Television broadcasting stationS. antennas. and cable tnstellltions, Ind microwave relmy stations. (d) The following uses mrs permitted provided m conditional use permit has been granted: (1) Airport or landing field. 19 · Any mtntng operation ~htch ts exenpt frm the provisions of the California S~rface Htntng and Reclamation Act of 1975 and RIverside County Ordinance No. 555. iiiCanetar.y, pet or hEnan. Canmarcia1 uses, the following: a, Anttque shops, b,/~tmobtle servtce stations and repatr glrages vHth or ~thout the concurrent sale of beer and ~tne for off-prentses consumptt on, c, Bakery shops, Including bektng only ~hen Incidental 'to rata11 salls on the prmtses, · d, Barber shops Ind beauty shops, e, Bars and cocktat1 lounges, f, Btlllard and pool halls, g, Cleantrig and dyetng shops, h, Drug stores, 1. Equtlxnent rental services, Including rotottllers, po~er mowers, sin(Mrs, power siws, cement Ind pllster mtxers not exceeding 10 cubic feet fn capacity, and other slatlet equipment, 3, (Deleted) k, Food, meat, poultr.y and produce markets. 1, Frozen food lockers, m. Hardware stores. n. Laundries and laundremats. o. Ltqutd petrole~ servtce stations, tdth or ~thout the" concurrent sale of beer Ind ~tne for off-prmtses consumption,provided that tf storage tanks Ire above ground, the total capactt.y of all tanks shall not exceed 10,000 gallons, Storage tanks shall be petnted a neutral color and shall not have any advertising painted or placed on thetr surface. p. Ltquor stores. q. (Deleted) r. Parktrig lots and parktrig bullclings, pursuant to the t, Professional offices, u, (Deleted) v. Refresl~ent stands. w. Restaurants and othe~ eattrig establtsMents. x. Shoe stores and repatr shops. .y. (Deleted) z. Stations, k'S, ratlroad and taxi. as. Ttre sales and service.' bb. Tourist tnfomatJon centers. cc. Underground bulk foe1 storage. rid.Motion houses and .yards. Dune buggy parks. Frutt and- ragetab1 e peckJ ng pl ants and stmf 1 ar uses. 20 Hunttag clubs, (12) Lmnber production of a camerole1 nature, Including ca~merctaq loggtng or canmercliq development of ttmber end 1tuber mtlls. (13) Nachine shops· (14) The mlnufecture of: e. lrtck, tile or terrs-cottl. b. Cement end cement products. c. i~psum. . d. Ltme or 1tee products. (15) !knagertes end artteal hospttlls. Pen fed earth operations, 1 yestook saleyards, livestock auctton yards. end ditty fares. (18) Race tracks, including but not 1trotted to contests between lutemobiles, horses, go-carts, and motorcycles, but not tnc~udtn~ contests between I,man betrigs only. (19) Recreational vehtcle parks. (2C)) Rtfle. ptstol, skier, or trapsheottng ranges. (21) Rodeo arenas. Trlt~er end boat storage. (24) (Deleted) Heat cutttng and packaging p~ants, provided there ts no slaughtering of intma~s or rendering Of meat. klater weql drf~l~ng, operations and*Service (29) (Deleted) (30) Hobtleheme parks, developed pursuant to Section 29.93 of th~s . ordt hence. The folloW rig uses are pemltted provided that the operator thereof holds e hem~t to conduct surfi:e m~ntng operlt(ons tssued pursuant to RIverside County 0rdtnance No, 555 whtch has not been revoked or suspended, (1) Any mlntng operation that ts subject to the California Surface Htntng and Recitation Act of 1975. f. Kennels and cataeries ere germttted provided they ire Ipproved putsulna to the provestons of Sectton 18·45 of thts ordinance. Any use that ts not spectficlqly 11said tn subsections b. end d. may he constdured a gemttted or cond~ttonilly pem(tted use prOvtded that the Planning Director finds that the proposed use Is substantially the abe tn character end tntenstV as those 11said tn the designated subscottons, Such I use ts subject to the germtt process whtch governs the citegory tn ,htch tt falls. k~ended Effective: 11-11-82 (Ord. 348.2104) 12-23-82 (Ord. 348.2140) 21 08-02-84 04-04-87 06-30-88 05-04-89 07-20-89 (0rd. 348.2338) 0rd. 348.2856 0rd. : S[CTZ0N 5.2. DEVELOP~NT STANDARDS. Ifnere e structure ts erected or use ts Bade tn the R-R Zone that ts first specifically permitted tn another zone classification, such structure or use shell meet the evelolxnent standard~ such requirements ere hereafter BOdtfied. One fmtly rest'dances shall not exceed '40 feet tn heSght. No other butldtng or Structure shell exceed SO feet tn hetght, unless a hetght up to 75 feet fo, buildings, 105 feet for other structures, or great. at than 105 feet for b,oadclsttng Intennes ts Ipproved W,suant to Sectton 18.34 of thts o,d~nance, Lot Area. One-half acre, with a mtntmum average width of 80 feet, Including the area to the center .of adjacent streets, shall be the mtntmum size of any lot except as follows: (1) Publlc Utilities, 20,000 square feet with a miniram average lot width and ~_=~_~J~ .~f--ZOl~ feet, Automobile storage space shall he provided as requtred by $ectlon 18.12 of this ordinance. knended effecttve: 09-04-62 07-16-69 06-16-65(Ord. 348.371)06-10-70 0g-15-65(Ord. 348.391)09-23-70 01-19-66(Ord. 348.422)09-30-70 o,-31-,7ioo;..:I 08-11-.1 08-02-67 Ord. 348.638) !(;{348.737 ) : 348.777) (Oral. 348.783) (Or~. 348.905) Fomerqy Arttcie III-renuvnhered Art. V and Inended: 05-04.72(Ord. 348.1023) 08-09-73~Ord. 348.1189 ,-3o-,, ..o.,. 06-20-74'.0 d. r 3~.t377 07-~0-75 ~0 d. r 10-02-75 12-10-75 02-03-77 04-21-77 04-:12-79 :11-29-79 07-02-81 11-11-82 12-23-82 05-19-83 08-02-84 10-06-89 Oral. 348.1470) 0rd. 348.1481 0rd. Ord. 348.1588) Dper. 01-01-80) Ord. 348.1968 Ord. 348.2:104 Drd. 348.2140 Drd. Orj. 348.3053) 22 ATTACHMENT NO. 8 SECTIONS 8.1 AND 8.2 OF ORDINANCE NO. 348 GENERAL ]~!~-~IDENTIAL ZONING STANDARDS ARTICI.~ fill n-3 ZONE {GEN[RAI. RISIDINTIAL) The follo~ng regulations shill Ipply In sll R-3 Zones: SECTION 8.1. USES PEtITTED. The following uses shsll .be permitted prodded ipprovaq of I plot plan l she 1 first hive Hen obtained pursuant to the provisions of Section 18.30: Any use permitted In the R-Z Zone. Apartment houses. Nonprofit dubs end lodge hslls. FreterntV end sorortV houses. Noteli, resort hotels, end motels. Nursery schools for preschool ~lY care. Institutions for the iced licensed by the California State ii!Hedtcal end dents1 offices. g Chtropractlc offices. ) Lea Offices. (11) Architectural, engineering, Ind c~nrnuntty planning offices; provided there tS no outdoor storlge of miterIlls, equipment, or vehtcless Other than pusanger cars. Congregate care rest dentl sl fact 1 ttt es. Accesso~j buildings, to s spectftc permitted use, provided that the accessory buildtng is established as an incident to s principal use does. not change the Character of that use. On-site stgns, affixed to ImIld~ng walls, stating the nm~e of the Structure, use, Or institution, not to exceed 5 percent of the surface area of the exterior face of the wall upon Which the Sign ts located. d. The follo~ng uses shall be pemitted provided a conclStlonaq use permit ts obtaqned pursuant to this ordinance: (1) Mobilehems parks, developed pursuant to Section 19.92 of this ordinance. Perking area for camerctal uses. Eventng nursery school, child care and ba~y-sttting fadltties, ~here 13 or more unrelated chtldren are kept under supervision by RIverside County Departant of between S p.m. and B a.m. (5) Congregate care residential fsdlttless developed pursusnt to Section 19.103 of this orefinance. Planned restdonttel d;veloFments, provided a land dtvtston ts 'approved' pursuant to the preytalons of Ordinance No. 460 and the day.leVant standards tn Sectton 18.5 or 18.6 of thts ordinance. f. Kennels and cart. ties are permitted provtded they are approved pursuant to the provisions of Sectton 18.45 of thts ordinance. knended Effective: Z2-23-82 ~Ord. 348.2)40~ 06-28-84 (Ord. 348.234~ 04-04-87 Ord. 348.2669' 01-15-87 COrd. 348.2S43: SECTION 8.2. DEVELOPI~NT STAXDARDS. The folioring standards of develo~ent shall apply In the R-3 Zone, except that planned restcienttal develol~ents shall comply idth the developneat standards contained tn Sectton 18.5 of this ordinance. The mtnlmum lot area shall be 7200 square feet ~th I mtntmum average vtdth of 60 feet and I mtntmm average depth of i00 feet, unless different mtntmums are specifically requtred tn a psrtlcul ar area. The mtn¶mm front end rear yards sh~11 be 10 feet for buildings that do no exceed 35 feet tn he1 he. Any retort of I bullcHug whtch exceeds 35 feet tn hetght shill C set bacC°frm the front end rear lot 11nee no less than 10 feet plus 2 feet for each foot by whtch the hetght exceeds 35 feet. The front setback shill be measured frg~ Iny existth- Or future street line as show~ on any spectf~c street plan of the Count. The rear setback shall be measured Iron the extsttng rear lo~ 1the or fr~ any recorded alley or easement; tf the rear 1the adjoans · street, the rear setback requlrment shill N t~ s~e as requtred for a front setback. c. The mintmum stde yard shall be 5 feet for bJ11dangs that do no exceed 35 feet tn height. Any pureton of a I~tldtn whtch exceeds 35 feet tn hetght shall be set beck fra~ each stde lot ~rtne 5 feet plus 2 feet for each foot by ~t.ch the hetght exceeds 35 feet; tf the side yl~f adjotns a street, the stde setback requtranent shall be the sane as requtred for I front setback. No structural encrolclnents shill be ,he ,r.,..td. o, ..r ,.d .c.pt..vtded 1, Se.,on fi. ;to'Td 1. 8 th¶s orefin·rice. d. No lot shall have more than S0 percent of 1as'net area covered vath twlldtngs or structures. The maximum retto of floor area to lot area shall not be greater than t~ to one, not Including beeanent floor area. All bJtldtngs and structures shall not exceed 50 feet In beSght, unless · hetOht up to 75 feet ~s specTftcally remitted under the provisions of Sectton 18.34 of this ordinance. 42 .g. Deleted. h. Antmobile storage space shill be provtded as requ4red ~ Section of this ordinance. Mended Effective: 02-¶.5-64 01-[9-66 06-07-67 09-23-70 05-04-72 06-2~-73 09-23-73 05-30-74 22-20-75 04.22-79 03-16-82 22-23-82 08-29-85 ~Ord, 348.25~) .Ord. 348,422 ~rd. 348.920) Ord. 348.2202 Ord. Ord. 348.2688) Ord. Ord. 348.25~02 ATTACHMFANT NO, 9 SECTIONS 18.5 AND 18.6 OF ORDINANCE NO, 348 STANDARDS FOR PLANNING RESIDENTIAL DEV~.I.OPh,IENTS & PLANNING RESIDENTIAL DEVELOPMENTS - SENIOR C1T~Z~..NS SECTION 18.4. 5PEI:;I~ 51~JDZES ZONES - GEOLOGIC REPORT REQUIRE~NTS. a. In addltton to the requ~rments of this ordinance, I~ applicants, fo~ e speclftc plan of lend use, con~ttonal use pemtt, public use peruft., p~ot plan or aevelopment Jan or certificate of occu anc el for , ef .ed Or n,. e i o. ·wqthln a spaeta1 sl~dies zone delineated by the State ecologist pursuant to $ectlon 26Zl et seq. of the Pub~tc Resou~cas Code, shall camp~y ~lth 411 Of the Irov~stons of Riverside County Ordinance NO. 547, and no ;emtt or spprovaq subject thereto shall be granted except tn accordance ~th the Irovtstons thereof. · b. No application subject to the provisions of thts sectton shall be considered as cam leted for tiltrig, end the time limitations for processing an app~t'Cetton shall Rot beg~n to ~un, unit1 ell requt rments uner Ordinance No. 547 have been cemplet. ed. SECTION 18.5. $TA!iDARDS FOR PL/INED RESIDENTIN, DEVELOP~NTS. Planned ~estdentlal evelopments shall be constructed tn accordance ,qth the heretnafter 115ted requtrenents. In adftton thereto, planned rest~entla~ developments shaql be subject to, and sball cmply vith, such addtttonaq ' conditions and requirements as are datemined to be necessa~ tn approv~n9 the development to make tt cmpattble ~dth the cmuntt~ tn ~htch tt ts proposed to be located. A su bdl vt 5t on map, prepared substent1 ally t n accordance ~ th the conditions of approval thereof and the ~equt~ents of thts section, shall be recorded pursuant to Ordinance NO. 460. (z) DENSITY, OPEN AREAS AND HEIGHT LIMITATIONS. Not less than 40~ of the net a~ea of a project shaql be used for open area or recreattona~ facilities, or a combination thereof. The net area of a pro~ect shall be eremined by excluding a~l streets, dr~ves end automobile storage areas. The totaq rimboP of d~elltng untie in a pro~ect shall not exceed that ~htch ~uq d be perutired If the project ~ere a standard lot deveqopment. The hetght of buildings shall not exceed that ~htch is perutired tn the zone In ~htch the project is located. The maxtram perutired danst~ and height limits may be reduced !f It is liemined to be necessar~ for a p~anned development to achieve cmpattbllt~ ~th the area in e~tch the evelopment is located. (3) YARD SETBACKS. Building setbacks fran a IroJect's exterior streets and boundary lines sha~l be the sine as those prescribed by the zone tn ehtch the project 15 located. 2n no case sha~l such building setbacks for any pro3ect be less than those prescribed tn the R-3 Zone. The mintram building setback frm triterlot rives shall be ten feet. (4) STREETS. Streets, ~htch m~y be petaltied to be Irtvate, sha~l be requt red t n accordance et th the provisions of Ordtnance No. 460. , : 249 (5) RESZDENTZAL ST~IJCTURES. The rimher of dwelltrig untts tn one buildtrig shall not exceed t~o tn the R-Z Zone and all other zones that pmmtt planned residential developments as an R-I use, or etght de111ng untts tn one buildfng tn the R-2 and RoZ-A Zones. The rimher of dwelllng units tne butlelng tn the R-3 Zone and all other zones that pemlt planned residential developments as an R-3 use shall not exceed that peat trod by the R-3 Zone development standards. Residential buildings shall have a mintram ground floor 11vtng area of 1000 square feet and each .. dwelltrig untt In e build( shell hove the mtntmum floor 1tying area requt red by Sect1 on .1rig. :1Z of thts oral1 nonce. RECREATTONAL BUZLDINGS. Recreational, public assmbl~ and slatlet buildings maY he pemttted ~thtn a project tf theY are tntended for the prtmary use of persons restdtng wtthtn the project and are located so as not to he detrimental to adjacent properties. (7) NAZNTENANCE OF CONIN AREAS. A community association w~th the unqualified rtght to assess the owners of the dwelltrig units for all maintenance, operational and other costs of the cmmon areas and facilities and the cemmunt association shall be established and continuously maintained. Re association shall have the rtght to lien the units of the owners who default tn the pennant of thetr assessments. The assoctatton's 1ten shall not he subordinate to any encmbrance other than a deed of trust or mortgage made tn good faith and for value which ts of record prior to the recorderton of the 1ten of the association. Prior to recordatton of the final subdtrlston map, the developer shall submit for approval the declaration of covenants, conditions and restrictions for the project. The approved declaration shall be recorded at the time of the recording of the ftnal subdivision map. (g) TRASH AREAS. Adequate enclosed trash pickup areas, convenient to the residents which they are tntended to serve, shall he provided' t n the project. SCREENING. A six-foot high masonry wall shall he constructed on any project boundary 1the where the adjacent property is zoned for a lower residential densiV than that zone in which the project is located. (10) iALKWAYS. FIve-foot w~de paved pedestrian walbaYs shall he Installed between the dwelling units Ind the recreational areas of the project. (11) ACCESS. Vehicular access opentngs into a project shall he limtted to one for each 400 feet of public street frontage; however, al 1 projects she11 be prom1 tted bwo access dr1 ves regardless of the mount of frontage. 150 PARKZNG. Autemobtle storage space requtred shall be as determined st the t~me of tssuance of the con~ttonal use permit; however, In no event shall there be less than 1.5 parking spaces for each one hodroe~ untt end not less than 2.5 spaces for each untt ~thtn t.o or ere bedruems. The requtr~d parktrig spaces shall be protided entirely vlth the davelopment. Public street perktrig and SenNa parking shall not be counted (n this requt re, ant. SECTION 18.6. PLANNED RESIDENTIAL DEVELOPENT$ - SENTOR CzTZZENS. (2) lihen ~t ts proposed by an pl$cant that occupancy of a planned rost dent1 al bevel oFeent belVtmt ted to sen~ or ct tt zens, the ippqtcatton for the lend dlvts(on shell ~nclude the statement that the development ts proposed to be limited to a Senior C~ tt zen Rest dartS1 el Dave1 opeent. Senior Ctttzen Planned Residential I)evelopments shall be constructed tn accordance etth all of the development requtrments of hctton 18.5, except as modified herein: a. DESIGN. The overall development shall be rest gnarl for ease of use b~ persons of edvanced age. Not less than one accessible route for the handicapped to all on-site flctllt~es shall be provided. there publtc facilities exist, such as bus stops, st dewaqks and drop-off zones, accessible routes for the handcapped Shall be provided. LOCAT%ON. Developments shall be located In areas ~htch offer services to the aged, such as transpertatton, shopping, recreation and nutrition progrems~ c. ELEVATORS. No bull~tng shaql be constructed that exceeds one stor~ in height unless tt contains elevators for the use of the occupants. Residential bu(ld~ngs vhtch exceed one stor~ shalq provtde additional eqevators (f they ere needed due to the rimher of units or project design proposed. Elevators shall be spaced tn order to m~ntmlze the ~elktng titstance frm the elevators to the residential untts. d. RECREATZON. Cawnon rocreattonal fectl~ties or buildings restgnarl for sent or ctt(zen use shall be prov(ded for the use of the occupants. e$ HEDICAL. Nedice1 offtees and convalescent factlltSes, not ~ng hospitals, m~ be required for the use of the occupants. PARK/NG. The rimbet of requtred ~utmob(le storage spaces s"t;;TT'Ee datemined tn accordance w~th Section 18.12 of thts ordinance at the time of the approval of the project; however, n6tdithstanding anY provision in this ordinance to the contrary, I twenty perGent reduction in the total nmber of required vehicle parking spaces for residential purposes me), be allowed if Ipproprtate, end in ~ddittonal five percent reduction maY be allowed if the applicant proposes alternative senior citizen transportmtton progrms; however, in no case shall the reduction of parking spaces exceed 25 percent of the total spaces required by $~tton 18.12 of this ordinance. Public street parking and tend, pa-ktng shall not be counted in this requirement. All required parking spaces shall be located entirely wi'thtn the development, accessible'to the units which they serve, and no parking space shall be located more than 150 feet fna~ the unit it is designed to serve. Parking require,has for other facilities within the develapment shall be subject to the provisions of Section 18.12 of this ordinance and may not he reduced. HANDICAPPED PARKING. Not less than ten percent of the required parking spaces she11 be designed and designated for use by the handicapped. Handicapped parking spaces shall be distributed evenly throughout the parking areas. AGE RESTRICTIONS. The covenants, conditions and restrictions for the development shall require that each permanent resident in each dwelling unit shall be 55 years of age or over. HANDICAPPED UNITS. At least ten percent of the residential units shall be adaptable for the handicapped. Those units shall meet the standards set forth by the Depari:nent of Housing and Community Development, Title 24, Part II of the California Adeinlstrative Code. Amended Effective: 06-2B-84 (Ord. 348.2341) SECTION 18.7. ZONING FOR SENIOR CITIZEN DEVELOPHEarTS. Whenever a planned residential develoment for senior citizens has been constructed pursuant to Sections 18.5 and 18.6, or, whenever the Board determines that an area should he considered for senior citizen zoning, the mrea maY be set for hearing pursuant to the provisions of Section 20.1, et seq., to consider zoning that would limit the occupancy of dwelltng units within the area under construction to the heretnafter listed minimum ages. Whenever the zoning s)mbol in m zone classification on any offtctal zoning plan map is followed by the initials "S.C.D." (Exmple: R-1-S.C.D.), each dwelling unit in the area so zoned, that is occupied, shall he occupied by at least one person not less than 50 years of age and no person under 18 years of age shall permanently reside in any dwelling unit in the-zoned area. 152 ATTACHMENT NO. 10 SECTIONS 19.101, 19,102 AND 19.103 OF ORDINANCE NO. 348 CONGREGATE CARE FACILITIES STANDARDS ARTICLE XIXd CONGREGATE CARE RESIDENTIAL FACILITIES SECTION 19.101. INTENT. It is the intent of the Board of Supervisors in adopting this Article to provide alternative housing opportunities for those persons capable of independent living who ~ not need the level of care provided at convalescent facilities. The Board fins that this Article will provide needed housing for those persons who have been identified as impacted groups by the Housing Eloment of the Comprehensive General Plan. The Board also finds that this Article wrlll provide a standard'for distinguishing between congregate care residential facilt ties and other mu1 ti-fomily uses. SECTION 19.102. DEVELOPHENT STANDARDS. The following standards of development shall apply for congregate care residential facilities. a. ~. The allowable density for a project shall not exceed the density permitted by the unperl~ng zoning classification or the applicable General Plan Land Use Category, whichever is less. b. Location. The project shall be located in accoraance with all applicable developmental and locational guidelines under the Comprehensive General Plan and shall be located in those areas which offer appropriate services for the residents of these facilities, including necessary medical, transportation, shoppin;, recreational and nutritional progrms. c. Elevators. No building Shall be constructed that exceeds one story in height unless it contains elevators for the use of the occupants. Elevators shall be spaced in a manner which will minimize the wal king distance frm the elevators to the residential units. d. Dwellinq Units. 1. The net livable area for each unit shall not be less than 4DO square feet for an efficiency unit, 550 square feet for a one-bedroom unit, and 700 square feet for a two-bedro~ unit. 2. Not less than four percent of the residential units shall be 'accessible for the handicapped, and all other units shall be adaptable for the handicapped. The hanaicap units shall be distributed equally throughout the project. All han~ cap units shall meet the standards set forth in Title 24, Part II of the California Aministrative Code. 3. Kitchenettes may be hermitted provided that they are sized to meet the immedi ate needs of the occupants of the unit. 4. No more than thirty percent of the units shall be efficiency untts. e. Hallways and Walkways..Hallways should be kept to a minimum length to avoid the appearance of an ov~r~lzed home or an institution. Five-foot wide paved pedestrian walkways shall be installed between the dwelling units and the recreational areas of the project. All hallways and pedestrian walkways shall be maintained with a minim~ of five feet of unobstructed width and 280 adequate vertical. clearance to provide unobstructed walking capability. Not less than one accessible route for the handicapped to all on-site facilities shall be provided. Hallways shall be designed to acc~,,~,odate the use of walkers, canes or other mechanical assistance. f. 0 n Space and Recreation Facilities. Not less than forty percent o~ethe net . area of the project shall be used for open space, recreationaq facilities, or a combination thereof, Not less than twenty-five percent of the required open space area shall be used for active recreational facilities, such as pool, spa, tennis, and 'gardening by residents. Recreational, public assombly and similar bull · rigs may be pemitted.wtthin the project if they are intende.d for the primary use of persons residing within the project and are located So as not to be detrimental to adjacent properties. Yard Setbacks. Bull dang setbacks from a project's exterior streets and boundary lines shall be the Same as those prescribed by the zone in which the project is located; however, in no case shall such buil~ng setbacks for any project be less than those prescribed in the R-3 Zone. The minimm building setback for interior drives and parking areas shall be ten feet. Buildinq Heidht. The height of buildings shall not exceed that which is permitted in the zone in which the project is located. The maximum permitted height limits must be reduced if it is determined to be necessary for a planned development to achieve compatibility with the area in which the development is located. Trash Areas. Adequate enclosed trash pickup areas, convenient to the reSiaentS which they are intended to serve, Shall be provi de~ in the project. Trash areas will be screened by a six-foot high decorative block wall. Screeninq. A ~ix-foot high decorative block wall shall be constructed on all project boundary lines to provi de adequate security and privacy. The exterior side of all block walls shall be coated with a protective coating that will facilitate the ramoval of graffiti. i in accordance with Section 18.12 of this ordnance at the time of the approval of the project; however, notwithstanding any promsion of this ordnance to the contrary, a twenty percent reduction in the total rimbar of requi red vehicle parking spaces for residential purposes may be allowed if appropriate, and an add· tadhal five percent reduction may be allowed if the applicant proposes alternative senior citizen transportation programs; however, in no case shall the reduction of park· ng spaces exceed twenty-five percent of the total spaces required by Section 18.12 of this ordinance· Public street 281 parking and tande~ parking shall not be counted in this requirement. All ~equired parking Spaces shall be located entirely within the development, accessible to the units ~nich they serve, and no parking space shall be located more than 150 feet from the unit it Is ~esigned to serve. Parking requirements for other facilities within the developant shall be subject to the provisions of Section 18.12 of thts ordinance and may not be reduced. Not less than ten percent of the required parking spaces shall be designed and designated for use by the handicapped; provided, however, that there shall be at least one designed designated handicapped parking space provtded for each handicapped resident. Handicapped parking spaces shall be distributed evenly throughout the parking areas. 1. Access. The number and location of vehicular access openings into a project shall be as specified by the Road Commissioner. Projects must be located on a street with a minimum 66-foot ri ght-of-way. m. Supportive Services. Services that support the residents shall be provided. At a minimun the following services shall be provided. 1. Laundry Facilities. One (1) washing machine and dryer shall be provided for every twenty (20} rooms. 2. Housekeepin; and Linen Service. At a minimum, weekly service shall be provided. 3. Con~nunications. A "panic button," intercorn or other similar device shall be provided in each room so communication with the central office/security desk is available. 4. Central Dininq. A central dining room shall be provided. The size of the room shall be sufficient to accommodate all of t~e residents. The minimum room size shall be the product of the proposed maximum number of residents in the facility multiplied by five square feet per resident; however, in no instance shall the central dining room be less than 35D square feet. 5. Hiscellaneous Facilities. The following services are permitted within a Congregate Care Residential Facility provided they do not exceed five percent of the total buil ding. of the facility. la) Barber and Beauty Shops. b Religious Facilities. (c) Commercial uses that are compatible with the proposed use and provide a service to the residents. Such uses may be open to the general public. n. Public Transit Access. A public transit turnout shall be tncludeO within the project's SECTION 19.103. DEVELOPHENT STANDARDS - INCREASED DENSITY. .. A d.nsity t.cr..s. of SO, over ,her permitt.d i. S.c,ion ) above, unless otherwise limited by a Community Plan, may be permitted if the project meets the following additional gui del ines. Z82 Area Services. The folloWrig services must be located kdthin the following prescribed distances: (a) (b) (c) Neighborhood Shopping Center: Z/2 mile, Recreation Facilities w~th meritties designed for the el deNy: 1 mile. Hospital Facility: 20 mtnutes by public or private transportation, Nedtcal Services (Doctor/Dentist): two miles, Nedical services shall mean the promsion of heal th care by licensed practitioners at fixed locaUons cluring Standard office hours. (e) Emergency Services .(Ftre/Parmedic): five minutes by energency vehicle, if) Community Services (Soctal, Educational, etc,): two miles. (9) Hass Transit Facility: (1) Ifa reduction in the required parking spaces is requested then the facility must be located w~thin 150 feet of the project. (2) If a reduction in' the required parking spaces is not requested, then the facility must be ~tnin 1/2 mile of the project unless transportation is provided by the facility. Project Desi n. Projects proposed under this section shall meet the folVowing requirmnents, in addition to all requirements of Section 19.102(c) through (n). a. Open Space. (1) Private Open Space. Each unit shall be provided with private useable open space. Patios shall be at least 1DO square feet in area. Balconies shall be at least BD square feet in area. (2) Cu,~,on Open Space. (a) Not less than forty-five percent of the net area of a project shall be used for cm:non open space. Not less than twenty-five percent of the required cmmon open space area shall be used for active recreational facilities, such as pool, spa, tennis, and gardeni ng by residents. (b) Indoor recreational/leisure space shall be provided in the fom of a multipurpose or recreational room. The size of the room Shall be based on the ratio of 15 square feet of floor area per unit provided. In no instance shall the room be less than 1,ODD square feet. b. Access. The rimbar and location of vehicular access openings into a project shall be as specified by the Road Commissioner. Projects must be located on a street with a minimum 66-foot right-of-way, within 15D feet of a mass transit facility, or must provide appropriate transportation for residents. 283 Densft . A denstty tncrease of tO0 percent that permitted in ~ Zg.102(a) above, unless over other~i se by a limi ted Community P1 an, may be permitted if the project meets the following additional gui del ines. 1. Area Services. The following services must be located within the fol 1 owing prescri bed dt stances: a. Neighborhood Shopping Center: 1/4 mile. b. Recreation Facilities with amenities ~esigned for the elderly: 1 mile. .c. Hospital Pacility: 20 minutes by public or private trans portati on. d. Medical Services (Doctor/Dentist): one mile. Medical services shall mean the provision of health care by licensed practitioners at fixed locations during standard office hours. e. Emergency Services (Fire/Paromedic): five minutes by a~ergency ve hi cl es. f. Community Services (Social, Educational, etc.): one mile. g. Hass Transit Pacility: (1) If a reduction in the required parking spaces is requesteC then the facility must be located within 15D feet of the project. (2) If a reduction in the required parking spaces is not requested, then the facility must be within 1/4 mile of the project unless transportation is provided by the faci 1 i ty. 2. Project Desiqn. Projects proposed under this section shall meet the following requirments, in addition to all requirments of Section 19.102(c) through {n). a. 5p.ce. Private Open Space. Each unit shall be provided with private useable open space. Patios shall be at least 100 square feet in area. Balconies shall be at least 8; square feet in area. (2> ci . to Jss t...fifty perc.nt of th. n.t .r.. project shall be used for common open space. No less than twenty-five percent of the required common open space will be used for active recreational facilities, such as pup1, spa, tennis, or gardening by resi dents. (b) Indoor recreational/leisure space shall be provided in the form of a multipurpose or recreational room. The size of the roan shall be based on the ratio of 15 square feet of floor area per unit provided. In no instance shall the room be less than 1,OOO square feet. Access. The n~rnber and location of vehicular access openings into a project shall be as specified by the Road C=issioner. Projects must be located on a street with a minimum 66-foot right-of-way, within 15D feet of a mass transit facility, or must provide appropriate transportation for residents. 284 An increased ~ens~ty project must be located a Dinannum · stance fr~ any other increased density project equal to the product of the number of units of the larger project multiplied byS0 feet; provided, however, that in no event shall the minimum distance between any two increased density projects be less than i,320 feet. SECTION 19.104. RESTRICTIONS. a. The development shall be open to those residents who are capable of demonstrating the mental cumpetence and physical ability to leave a buil~ng without assistance of any other person. b: The project proponent shall not provide any service which would requi re a license to be issued by the State of California. This includes, but is not limited to, the following: 1. Assistance in dressing, grooming, bathing and other personal hygiene; 2. Assistance with taking-meditation; 3. Central storing and ~ stribution of meditations; 4. Arrangement of and assistance with medical and dental care; and 5. Maintenance and supervisa on of resident mona es or property. Added Effective: 1-15-B7 (0rd. 348.2643} 285 " Ai-fA~ NO. 11 SCHOOL DISTRICT r,~'rf~K TEMECULA VALLEY Unified School District SUPERINTENDENT Patricil B. Novotney, Ed.D. BOAIRD 0r EDUCATION March 9, 1992 The City of Temecula Planning Department 43174 Business Park Drive Temecula, Ca. 92590 Attention: Saied Naaseh Subject: Change of Zone No. 21, Tentative Tract Map No. 27314 We would like to take this opportunity to address the above referenced Change of Zone and Tentative Tract Map submitted by the Linfield Christian School. This project consists of 50.4 acres subdivided into a nine (9) hole gold course and a senior citizen housing and nursing complex. We are very concerned about the compatibility of this project due to its location next to the Temecula Valley High School complex. This complex consists of the football stadium and other athletic fields, tennis courts, and the main campus. The football stadium experiences heavy usage throughout the daytime and evening hours, and is contiguous to the proposed development. During the day, it is not uncommon for the high school to host pep rallies for the entire student body (over 2,000 students), as well as other activities which in the past have included U.S. Armed Services helicopter landings and "rock" 'bands. Evening activities include home games for the Temecula Valley High School football team, which will now increase in frequency and attendance size due to the reconfiguration of the league. Other athletics such as track and field competition and related sports are also common during daytime and evening hours: This stadium receives intensive use by the community, which includes football, soccer and related events. The noise level and bright evening lights from this stadium will adversley affect the quality of living for the neighboring project. The newly constructed tennis courts are due for installation of coin operated lights, and will be open to the community after school hours. These lights will contribute to the evening lighting situation which may also have a negative impact on this project. It should also be noted that the School's public address 31350 Rancho Vista Road / Temecula, CA 92592 1 ('/14) 676-2661 system is audible from the proposed development's site, and this system is utilized throughout the school day. Therefore, due to the extensive use of all of the high school's facilities throughout the year by both the school district and the community at large, we feel that the above referenced project is incompatible. Although we will not oppose this project, we would like to state that under no circumstances will we accept any responsibility for the impact- our stadium, tennis courts and other related facilities will have on the neighboring senior housing and nursing complex, nor will we conform to any demands made in the future should any of these facilities become an .issue with this development. We also request that a full disclosure be made to any prospective buyer or renter of this proposed project that the above referenced conditions exist, and that these conditions are not subject to mitigation. Thank you for your time and interest concerning this matter. T~e~Valley Unified School District Dr. Patricia Novo~tne Superintendent PN/bk ATTA~ NO. 12 ARTHUR ANDERSON STUDY DEVELOPMENT PROGRAM RECOMMENDATIONS l)~v.~,.Ol~'l~!T FEOGRIM R~CO!%-u~uATIOIB IX-3 Patio Residential Congregate Skilled Nursing/ Personal 'Care Golf Senior Center . Total T~RTX IX-1 Master Plan S~mary Litfield Site UNITS itCRES un~fS FEE AC~E 240 30.34 7.91 200 . 6.75 29.63 78 1.81 43.09 N/A 11.29 0.00 N/A 2.49 0.00 518 52.68 9.83 Source: Albert A, Webb & Associates, Larry Vesely Architects; Arthur Andersen Real Estate Services Group. The master plan encompasses 52.6 acres which for design purposes has been segregated into five pl~--~-~ areas corresponding to the different uses included. Pl---ing Area I, designed for active adult patio/tovnhome products, has 30.34 acres, vkile Planning Area II, designed for the congregate care living faGlilt-y, has a total 6.75 acres. The slcLlled nursing/personal care facility has been pl--ned on 1.81 acres in Pl---ing Area Ill, wMle the golf course encompasses 11.29 acres in Pl-n-ing Area IV. Finally, the senior connnunity Center viihit Pl---ing Area V has been designed on 2.49 acres. A total of 518 dvellin~ units are included in the master plan, yielding an overall density of 9.83 units per acre. Active Adult Patio/Townhomes and Golf Cours~ pl---4ng Area I includes 240 patio/to~xhomes clustered in duplex and fourplex structures, (See Table IX-2). Each u~t= has been designed with a rear patio which opens up to either open space or golf course frontage. Tornhome units have bee~ p~sced st ~he interior of the fourplex clusters to allow for second floor or loft Vindow opportunities, vhich is a insJot msrkettng issue for these ~q~es of ~nits vith pstio ~m~ts positi. oned at the end of clusters. Fou~plexes hsve been clustered in ~he vicinity of golf course greens so ~hst prime golf course Views comp---ate for higher d'n"ities vith respect to pricing and Four to five floor pl--- are recommended for the development, vith an averaZe unit size of approximately 1,150 square feet. An avera2e base price of $105 per square foot in 1992 dollars is thouSht to be s~h4evable wi~h an averaSe unit premitun of $10,000. The recommended phasin2 plan calls for three increments of development, each with 80 units and constructed in successive years from 1993 to 1995. Nontthty absorption is estimated at five to sight units. A 5,000 to 6,500 square foot recreational facility should be the centerpiece of the communiVy offerin~ a range of exercise facilities alon~ with activity rooms for billiards, cards and related activities. The 2olf course associated with the development is a small nine hole desi2n. Achievable daily 2ree~s fees in 1992 dollars are estimated at J8 per round with a J272 ---ual fee, which is a lS percent discount from daily 2teens fees asstunin2 40 rounds s--Uall~. This m~-~al fee is recommended as a discount proZram to homeowners within the commmit~. A 1,200 square foot pro shop/starter facilit~y is recommended for the course. No food or beverage facilities are recommended for incorporation in the starter facility based on its proximity to residential units. Although ve have not completed any market investigations with respect to the potential performance of the course. we believe that it is a community amenity which viII produce si~ntficant value. Even as a small course it provides the community with enhanced marketability to a target market which is keen on recreational activities and lifestyle and alloys.the project to compete effectively with other competitive communities offerin2 a similar amenity. In addition, the course produces substantial financial returns for the project by allovin~ frontage premiums for ~he patlo/townhomes aside from the operati~ revenue generated b~ the course itself. Cor~re~ate Care Livinz Facility A 200-unit ConZregate Care Livin~ Facility has been dest2ned in P]-n-~ng Area II, (~ee ~able IX-3), with the unit mix of 40 studto units, 80 1-bedroom units, 80 2-bedroom units and a common area of 2S,000 square feet. The avera2e studio unit size in the project has been designed at 420 square feet, while the average 1-bedroom is 6S0 square feet. Units with 2-bedrooms have beem desi2ned DEVZLO~E1VI pROCRAN ~C01e~DATIONS ~ at 1,000 sqhare feet. Common area features in ~he project are recommended t' include kitchen facilities of approximately 1,000 square feet, dinix~ facllit.~s wi~lx seatin2 capacit~y of 130 interior seats and exterior patio 25 seats. Recreation facilities should include: activity rooms for cards, television, library end billiards~ service facilities such.as a beauty salon, barber shop end convenience store; an exercise facility, a pool/spa; and men's and women's locker rooms. AchieVable monthly rental rates ~xpressed in 1992 dollars are estimated at $998 per month for studio units, Jl,500 per month for 1 bedroom units and j2,037 for 2 bedroom tubits. An achievable double occupancy fee is at $475 in 1992 dollars. Stablized occupancy has been projected at 90 percent, occurrin2 in 1996. The recommended service package included in the monthly rental fee is 45 meals per month, weekly maid a~d linen service, unit medical alert systems, uttli~ies and scheduled tr~-~portation. l'X-8 :13:-3 p].m,m4~ ~rem II Congregate Care Liv~s Facilit~y Developersit Pro2,rsm leconsmndations . i of Unite 200 AvertZeUnit Size - Studio .- 1-Bedroom - 2-Bedroom Un~tKtz - Studio - 1-Bedroom - 2-Bedroom Rental Rates (1992) - Studio - 1-Bedroom - 2-Bedroom - Double Occupancy (additional) 420 sq. ft. 650 sq. ft. 1000 sq. ft. Units Percentaze 40 20.OX 80 40.OZ 80 40.0% ~on~hlv Per So. Ft. $ 99S $ 2.37 1,502 2.31 2,037 2.04 475 Stabilized Occupancy Stabilized Year Service PackaZe Included in Rental Fee: - 45 Meals Per Month - WeeldyMaid and Linens - Unit Medical Alert Systems - Utilities - Transportation Co~souAreaFea~ure8 Marketin& Office Eitchen Facilities Dinin& Facilities Lounie/Card Room Exercise Room Salon and Barber Shop Library T.V. Room Administrative Office Convenience Shop Mail Room Billiard Room Pool/Spa Men's Locker Room Women's LoCker Room ?arki332 (Joi.nt vith skiBled nurs4~ facility) 90.0% 1996 25,000 eq, ft, 1,000 sq. ft. 155 seats 175 spaces DEVgLOFMENT PIIOGRAM ~ECO~x~nuATIONS Skilled Nur~i--/Personal Care Facilitw A 50-bed skilled nursing facilit7 linked tolether with 50-unit personal care facility is recommended in P]--~tng Area III, (See Table IX-4). The linkage between the two facilities is a 12,200 square foot common area designed for administrative offices, a dining facility with 60 seats, kitchen facility of about 600 square feet, a lounge/TV room and a library. The skilled nursing facility is recommended to have 6 private rooms and ~ semi-private rooms. The average size of both the personal care ~ts and the skilled nursing rooms are estimated at 400 square feet. The achievable average monthIF service fee for personal care units is estimated at J2,055, while skilled nursing rates for private and semi-private accommodations are estimated at $125 and 3100, respectively (1992 dollars). Based on the occupancy characteristics of other facilities, an occupancy mix ~ the proposed facility has bean estimated as 50 percent private insurance, 37 percent MediCal end 13 percent Medicare. Stablized occupancy has been projected at 90 percent for the skilled nursing facility and 85 percent for the personal care facility. The first stablized year for both the personal care facility and the skilled nutsin& facility is projected to be 1996. DIsvK~-OI~"RT PXOC;J,.N 21tlled ]lu~sin~ersonal Care Facillry llumber of Skilled Huzsinl Beds - Private - Semi-Private ]lumber of Perso~tl Gaze Units Average Unit Size - Personal Care - Skilled Nutsin2 Skilled leuzs4~ Daily RaCes (1992) - Private Room - Semi-Private 2oom Personal Caze Hon~hly Serrlce Fee (1992) - - Slngle 0ccupanc7 - Double Occupancy (additional) Skilled Huzs{-[ 0cu,vancyMtz - Private Insurance - MediCal - MediCare Stabilized Occupancy - Skilled Nutsin& - Personal Care Stabilized Year C~--__,GnlremFemtures - Ad~nistrative Offices - Dinill& Facilities (60 seats) - r, ltcheR~Facilities (1,000 sq. ft.) - Lo~e Area/T.V. Room - Library 50 6 44 5O 400 sq. ft. 400 sq. ~t. $125 95 $2,055 $4so 50~; 37~ 13~ 90~ 85~ 1996 12,200 sq. ~t. -,.- b~vr~OPtqsL'NT PROCRAM I~RCO!,eq!~I)ATIOIqS ~.~..~ FZ-11 Senior-Oriented Communitw Center A 2.49 acre parcel on the site has been se~ aside for development as a senior- oriented conmunity center. It is assumed ~hat this parcel viII be deeded to and developed by the City ~f Temecula. Conversations vith individuals in the Ci~'s parks end recreation department iden~ified the connnunities of Irvine and Rencho Bernardo as hayin2 model facilities and proZrams. As part of .our market analysis we conducted a survey of the centers in these communities as veil as a number of others. In Zeneral, the facilities r~ed in size from approximately 10,000 to 15,000 square feet, situated on betveen 1 and 2 acres. Typically, a center consists of a large multi-purpose room, card room, library, kitchen, and administrative offices. In some facilities there is a conference room or larger auditorium as veil. The centers provide a wide array of recreational proSrams and activities in addition to a daily hot lunch program. These activities include card clubs, educational classes, exercise classes, doctor screeninSs, legal advice, and shoppin& end site-seetn& excursions. The facilities provide services to betveen 100 and 250 seniors daily. Facilit-y profiles for those senior centers surveyed follows. e Basic Features SUBJECT TOs ;GE IRVINE SENIOR CENTER Irvine, CA SummaW of Services Nov-91 Operating Hours: 8:00am - 5:00pm M-F Cornact Person: Jan Calhoun Size: Approximately 2 Acres Telephone Number: 714/724-6800 Building: 11,000 SQ FT Address: 3 Sandburg Way .. . Single Stow . Irvine, CA Year Built: 1978 {Culver & Sandburg) Recreational Facilities The structure consists of 2 offices for the full-time personnel and 1 office for the staff; a conference room; a card room with an approximate capacity of 110 persons housin 10-12 card Tables seating 4 persons each; a multi-purpose room with an approximate capacity of 175 ~ersons; a libraW; a full service kitchen; and a ballroom with a stage. Recreational Programs/Actlvitlas Programs Coordinated with Local and State Programs City-Sl~onsored TRIPS Program OutTeach Program. Live Bands Playing Big Band-Era Music Language Classes Relaxation Classes Aerobics Bit[lards Bingo Cards Board Games Food Services The center offers a daily hot lunch meal program serving approximately 40 persons daily. The price for the meals varies with age (i.e., Senior / Nonsenior) and hot verses cold. Comments Last year, over 100 volunteers donated more than 25,000 hours, In addition, much of the equipmere and furniture used by the center are donated, The stating vades as the number of seniors and the number of programs offered varies. Another source of funds la through real income for the use of some of the facilities for weddings, receptions, meetings, workshops, seminars, classes, etc. Basic Features Operating Hours: Size: Building: Year Buil~: ., 8:30am - 4:30pm M-F Approximately 1 Acre · SQ FT Not Available Single Stow 1989 Contact Person: Telephone Number: Address: Francis Bass 619/487-9324 18402 Bernerda D. Rancho Bernerda, CA 92127 Recreational Facilities The rd'ucture consists of approxim.~tely 6 offices, 3 of which belong to ~e senior center for the Director, Office Manager, and Staff; a large multi-purpose room (hall) with in approximate capaciW of 130 persons; a smaller multi-purpose room (hall) with in approximate capicily of 30 persons; a patio for certain outdoor functions; a small computer room; a small khchen with basic appliances; a separate privately-owned lawn-bowling faceliter; and a separate privately-owned Tennis court fqciilt~,. Recreational Programs/Activities Dances Cards (Bridge, Pinnode, Etc.) Fund Raising Events (Bake Sales, Walk-a-thons, Etc.) Excercise Classes (Aerobics, Karate, Etc.) MadScare Consultation Widow / Widower Group Meetings. Travel Club ( Small Trips) Educational Cissses (Writing, Geography, Etc.) Food Services No Daily Services Pot Luclcs and Picnics are Common Fashion Shows Bingo (Fridays) Computer Classes Legal Advice Doctor Screenings Lawn Bowling Tennis Comments Employees: Full-Time Director Full-Time Office Manager Part-Time Maintenance Assistant Part-Time Representative Provided by Adult Protective Services Varying Pan-Time Staff Depending on the Daily Activities This is a very active senior center with daily visits approximating 100-200 persons. There are approximately 100 regular volunteers providing over2,000 hours of service per year. Staff and volunteers put out a monthly newsletter / calendar to all members. The local Chamber of Commerce disuibums limited copies of the newsletter, and all others ale mailed to the members only. The center receives no funding from the city and minimal funding from the state. It relies mainly on limited donations, extensive fund-raising, and periodic hall rentals. The center is 2 y~ars old and has approximately 1500 members. The centar's equipment and furniture are both donated and purchased, '4 Basic Features Operating Hours: Size: · -, Building: Year Built: 8:00am - 5:00pm M-F Approximately 2 Acres · 15,400 SQFT Two Stow 1989 {New) Contact Person: MaWAnn Telephone Number: 619 1 434-4127 Address: 799 Pine Avenue Cadsbad, CA 92008 Recreational Facglties The strumre is approximately 28;300 squire feet in size, however, the senior center only occupies 54% or 15,400 square ferk The structure consists of a reception area; a lounge with a fireplace, sofas, chairs, and a big-screen TV; an auditorium which is 2,500 square feet in size and divisible into 3 smaller rooms if needed; 4 offices - 1 for the coordinator and 3 for approximately 5 other ful;- and pan-Time staff; a smail conference room; en ar~ studio; a dance studio; a game room; an outdoor courtyard with barbecue facilities; a library; a full-service kitchen; and a dining room which is 2,500 square feet in size, Recreational Programs/Activities Bingo Cards Exercise Classes through Maricosta College Foreign Language Classes Musicals Dances Doctor Screenings (Skin, Eyes, Etc.) Arts and Crafts Movies Legal Counseling (Mainly Wilts) Various Seminars Board Games Insurance Counseling Travel Presentations Nutzffion Program Live Bands Bus Services · Food Services Lunch is served daily to seniors for a donation of $1.50 and to all others at a coat of $2.50. The average menu consists of an appetizer, main course, fruit, vegetable, occasional desse~, and s choice of milk, tea, or coffee which is served To approximately 150 persons a day. There is also a daily "meals on wheels" program in which meals are delivered to the homes of apprOximately 50 seniors who are unable to visit the center. Daily meals are not cooked at the center but are catered in from the local nutrition center. Comments Full-Time Employees: Coordinator Secretary Nutf;t;on Site Manager Part-Time Employees: 2 Facility Maintenance Assistants 3 Van Drivers Management Astlatant to Coordinator 2 RecepTionists The center has approximately 1 SO, regular volunteers who donate over 3,000 hours of their time per year. The center receives moat of its funding from the city parks and recreation fund as well as limited grants from the American Agency on Aging, Additional revenues are obtained through facility rentals for weddings, receptions, meetings, ate. The building is shared with the Cadsbad Unffied School District as well as the local nutrition center, A newsletter / calendar is distributed to all members on a monthly basis. Basic Features Operating Hours: ' ' 8:00am - 4:00pro M-F Contact Person: Size: · Approximately 2 Acres Telephone Number: ' Building: 13,000 SQ FT Address: Single Stow Year Built: 1980 Meureen 619/966-4144 455 Country Club Lane 0ceanside, CA 92054 Recreational Fact]atlas The structure consists 'of 3 offices - 1 housing the Director, 1 housing the Assistam Director, and 1 housing parolegala, tax advisors, and insurance advisors; a large mUlti-purpose morn used for The nutrition and recreation programs with in appmximlte capacity of 240 persons; a smaller multi-purpose room divisible into eiTher 1 large room wit~ an approximate capecity Of 150 persons or 6 smaller rooms with an approximate capacity of 30 persons each; a full-service kitchen; and an outdoor facility for shuffleboard and horseshoes. Recreational Programs/Activities Seminars (Wilson Trust, Social Security, MealScare) Exemise Classes Line, Round, and Tap Dancing Cards Board Games Blood Pressure Tests Ear and Eye Exams Fund-Raising (Craft Fairs, Pancake Breakfasts, Raffles) Travel Program Legal Counseling Educational Classes Am and Crafts Choir Grouo Nutvit;on Program Shuffleboard Horseshoes Food Services Lunch is served daily to seniors for a donation of $1.75 and to all others at a cost of $2.50. The average menu consists of an appetizer, main course, fruit, vegetable, dessert, and a choice of milk, tea, or coffee. There is'alao a dally 'meals on wheels' program in which meals are delivered to The homes of Those seniors who ere unable to visit the center. Comments Full-Time Employees: Director Assistant Director Maintenance Assistant Part-Time Employees: 2 Additional Maintenance Assistants The center has at least 12 regular volunteers on a daily basis and approximately 200 each monTh. In addition, · volunteer or aenior..rnember donates time daily as The centsr's receptionist. The center receives state funding mainly for its nutrition center and very limited city funding. IT does raise additional funds Through The rental of its facilities for weddings, receptions, meetings, etc. The income derived frr rental activities is given back to The City of 0ceanaide for use in various city programs such as The senior center. A newsletter / calendar is distributed to all members on s monThly basis. Basic Features Operating Hours: Size: Building: Year 9:00am - 5:0Opm M-F .Approximately 2 Acres Approximately 15,000 SQFT Two Story 1976 Contact Parson: Telephone Number: Address: Ron Cole 714 / 929-0086 305 East Devonshire P.O. Box 387 Hemat, CA 92546 Recreational Facffities The structure consists of 7 offices utilized by the canter manager, information manager, volunteer coordinator, nutrition manager, end vadoue full- and part-time s13ff; a multi-purpose room with an approximate capacity of 400 persons (divisible into 2 rooms if neaded}; a senior wing wiffi an approximate cal}aci~ of 200 persons (divisible into 2 rooms if needed|; a dining room with an approximate capacity of 180 persons; and a full service kitchen. Recreational Programs/Activities Nutritio~q Program Prime of Life Program Blood Pressure Tests Medical Seminars Occasional Doctor Screenings OutTeach Program Travel Program Housing Program Sunday Sing-Alongs Bus Services Retired Senior Volunteer Program Am and Crafts Parmere Help Program Cards Board Games Danceraise Swinging Singles Group Billiards Dance Cla~ses Food Services Lunch is served daily to seniors for a donation of $1.50 and to all others at a varying rate. The average menu consisT~ of an appetizer, main course, fruit, vegetable, dessert, and a choice of milk, tea, or coffee. There iS also a daily 'meals on wheels" program in which meals are delivered to the homes of those seniors who are unable to visit the center. Comments Full-Time Employees: Center Manager Information Manager Nutrition Msneger Volunteer Coordinator Staff Assistant Part-Time Employees: Rental Assist3nt.for Set-Up and Cleaning The center has approximately 12 deil~ volunteers assisting u many as 400 daily vLsitora. The center receives a decent amount of city jnd st3te funding and also has in occasional fund-raiser. In addition to the employees listed above, the center also contrac~ with · Ional cleaning company for representatives to come and clean the facilities on s regular basis. A newsle~er / calendar is distributed to all members on a monthly basis. Basic Features Operating Hours: 8:00am - 5:00pro M-F Center, Person: Karen Size: . Approximately 2 Acres Telephone Number: 619/323-5689 Building: 12,000 $QFT _ Address: 480 South Sunrise Single Story Palm Springs, CA Year Built: 1990 92262 Recreational Facilities The structure consists of approximately 6 offices which are used by or for (1) the executive director, {2) the administrative assistant, (3) the 0utreach director, {4) Board meetings, (5) special meetings, and . (6) 6 office staff; s main lounge with s fireplace, sofas, end chairs for small conversations; an auditorium with an approximate capacity of 285 persons; · multi-purpose room with an approximate capacity of 150 persons; a full-service kitchen; a library; an am and crafts room; a community room; and 5 counseling rooms. Recreational Programs/Activities Medical Counseling (Medicara, Prescription Drugs, Etc.) Medical Screening Blood Pressure Testa Dance Classes Exercise Classes Arts and Crafts Classes Distribution of Local Travel Agency Discounts Fund-Raising (Senior Olympics, Black-Tie Ball, Senior Expo) Seminars Bingo Foreign Language Classes Orche~ Group Choir Group Board Games Cards Food Services Lunch is served daily to guests of alleges for a donation of $1.50. The average menu consists of an a0petizar, main course, fruit, vegetable, dessert, and a choice of milk. tea. or coffee. Full-Time Employees: Executive Director Administrative Assistant Outreach Director Secretary Maintenance Assistant Part-Time Employees: Title 5 Program ,Representative Provided by the City of Riverside The center has approximately 100 regular volunteers each month. Approximately 150 seniors visit the center each day. The center receives limited city and state funding. It raises some revenue through fund-raising activities and the remainder through the rarttal of i~ facitilites for weddings, receptions, etc. A newsletter I calendar is distributed to all members on a monthly basis. ATTACHIvIk'NT NO. 13 MISC~LLAN'EOUS CORRF_~PONDENCE Sx~rAFFRFYI2T314TYM.P(~ v~w 60 *' 1RECE!VE3 '"" July 2, 1992 Mr. and Mrs. Robert Pipher 41825 Green Tree Road Temecula, California 92592 Dear Bob and Dottie: Jim Adare and I would like to thank you for taking the time W meet with us on the 10th of June. We appreciate you positive comments regarding our plans for the development of the school property. We want to build a facility here that will blend in well with our community and our neighborhood. If you should have any other questions, be sure to call, Also, we will keep you informed as we progress. Sincerely, KLrn W. Eldridge Director of Development P.S. We will be setting up a meeting with John and Lindy Telesio when Jim returns from his trip. te 31950 Pau}oa P,w,d / TemecuIa, Califo~ 92592 / 714676..8111 July 2, 1992 Mr. Ken Lewsader, President . Villa Avanti H.O.A. c/o Elite Community Management 27710 Jefferson Avenue, Suite 106 Temecula, California 92590 Dear Ken: Jim Adare and I would like to thank you for taking the time to meet with us on the 17th of June. We appreciate your positive comments regarding our plans for the development of the school property and we hope the colored picture of the project was helpful to you in showing our plans to your board. As The Linfield School grows, we desire to be a good community neighbor and we would appreciate any concerns or comments as we progress. Thanks again. Sincerely, Mr. Kim W. Eldridge Director of Development te 31950 Pau~ Road / Temecula, Cal//orn/a 92592 / 714.-676-8111 RALPH DORNETTE JUly 14, 1992 Mr. Kate1 Lindemans City of Temecula 43172 Business Park Dr. TemeCula, CA 92390 To the Temecula Flanning Committee and City Council: As Chief Executive Officer of Church Development Fund and Founder of Christian Retirement living, Inc., I assure you of =he v~tal interest of the Christian churches of the states of California and Arizona in the Senior-Oriented Residential Community of Temecula. We have been earnestly seeking a place for the senior members of our 250 churches in California and time 60 c~urches in Arizona. This development on the Linfield Christian School property appears to be the ideal location. I have carefully perused the Market and Financial Analysis and Recommendation for this project prepared by the Arthur Anderson Co. of Los Angeles. I am most impressed with the quality and thoroughness of this presentation. It is my hope that the Planning committee and City Council of Temecula will give the green ligllt =o this most needed development. The combination of Patio/Townhames, Congregate Care and Skilled Personal Care complex will provide a unique community for the growing senior population of Southern California. We would be.most pleased to direct the senior members of our churches to take residence in such a community. Mo ricereply rs, Ralp ornette RD:lrl A Financial Ministry Seftqng the Chn$1tan Chufche~ of Cali~ma ~5 S, E~lid Stilt. Fulle~n, California 92632 Tolo~tmne~ (114) 441-0804 · FAX (114)