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HomeMy WebLinkAbout040593 PC AgendaAGENDA TEMECULA PLANNING COMMISSION April 5, 1993 6:00 PM VAIL ELEMENTARY SCHOOL 29915 Mira Loma Drive Temecula, CA 91390 CALL TO ORDER: ROLL CALL: Blair, Chiniafff, 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 not listed on the Agenda, a pink "Request to Speak" form should be filled out and fled 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 Approval of the minutes for February 1, 1993 Planning Commission meeting. Approval of the minutes for February 22, 1993 Planning Commission meeting. Approval of the minutes for March 1, 1993 Planning Commission meeting. NON-PUBLIC HEARING ITEMS Case No.: Applicant: Location: Proposal: Presenter: Environmental Action: Recommendation: Western Bypass Corridor City of Temecula Westside of Interstate 15 Four Lane Bypass Corridor Don Spagnolo Negative Declaration Recommend Approval 4. Case No.: Applicant: Location: Proposal: Planner: Environmental Action: Recommendation: Additional Extension Period for Plot Plan, Public Use Permits, and Conditional Use Permits City of Temecula City Wide To amend Ordinance No. 348 tO allow for two additional one year Extensions of Time. Debbie Ubnoske N/A Recommend Approval Case No.: Applicant: Location: Proposal: Environmental Action: Plann. er: Recommendation: Direetor's Heating Cases Update City of Temecula City Wide February and March Update N/A Debbie Ubnoske N/A Case No.: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: Landscape Plan for Ynez Car Care Center (CUP No.2) J. Larry Gabele Abutting the west side of Ynez Road and the east side of Interstate 15, approximately 200 feet north of the intersection of Ynez Road and Solana Way. Landscape Plan for Ynez Car Care Center N/A Matthew Fagan Review the landscape plan and take action pursuant to City Council direction. PUBLIC HEARING ITEMS 7~ Case No.: PA 93-0025, Minor Conditional Use Permit Applicant: Bruce Wade, High Society Billiards Club Location: 27309 Jefferson avenue, Suite 101 through 103 Proposal: To locate a 3,700 square foot billiards parlor in an existing building in the Manufacturing Service Commercial (M-SC) zone. Environmental Action: Exempt per Section 15301 of the California Environmental Quality Act Planner: Craig Ruiz Recommendation: Approve Case No.: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: PA 93-0038, Minor Conditional Use Permit Charles Mitch 28822 Front Street, Suite 203 To convert an existing teen night club to an adult night club. Exempt per Section 15301 of the California Environmental Quality Act Craig RUiz Deny 9. 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 Lin~eld 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 for a Senior Citizen Center, and a Zone Change from R-R (Rural Residential) to R-3 (General Residential) Mitigated Negative Declaration Saied Naaseh Recommend Approval Next me~ting: May 3, 1993 at 6:00 p.m., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. PLANNING DIRECTOR'S REPORT PLANNING COMMISSION DISCUSSION OTHER BUSINESS ADJOURNMENT ITEM #2 PLANNING COMMISSION MINUTES FOR FEBRUARY 1, 1993 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MONDAY, FEBRUARY 1, 1993 A regular meeting of the City of Temecula Planning Commission was called to order on Monday, February 1, 1993, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. The meeting was called to order by Chairman Linda Fahey. PRESENT: 4 .COMMISSIONERS: ABSENT: 1 COMMISSIONERS: Chiniaeff, Ford, Hoagland~ Fahey Blair Also present were Assistant City Attorney John Cavanaugh, Planning Director Gary Thornhill, Senior Planner Pebble Ubnoske, Assistant Planner Craig Ruiz and Minute Clerk Gall Zigler. PUBLIC COMMENT None COMMISSION BUSINESS 1. Approval of AQenda It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to approve the agenda. The motion carried as follows: AYES: NOES: ABSENT: 4 COMMISSIONERS: 0 COMMISSIONERS: 1 COMMISSIONERS: Chiniaeff, Ford, Hoagland, Fahey NOne Blair Minutes It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoegland to approve the minutes of the January 4, 1993 Planning Commission meeting. AYES: The motion carried as follows: 4 COMMISSIONERS: 0 COMMISSIONERS: Chiniaeff, Ford, Hoagland, Fahey None -1- 2115193 PLANNING COMMISSION MINUTES ABSENT: I COMMISSIONERS: Blair FEBRUARY 1,1993 Off-Site Subdivision Sians (Kiosk) Senior Planner Debbie Ubnoske presented the staff report. Assistant City Attorney John Cavanaugh explained the ordinance. Commissioner Hoagland stated that he feels it is the Council's intent to have Ordinance 91-40 (Kiosk Sign Ordinance) regulate off-site subdivision signs. Assistant City Attorney John Cavanaugh stated that Ordinance 91-40 was prepared with the intent to occupy the whole of the field in advertising and regulations. He further stated that Ordinance 91-40 does prempt Section 19.6b of Ordinance 348.] Chairman Fahey stated that she feels it is the Commission's intent that the Kiosk Ordinance replace off-site signs. The overall consensus of the Commission was to make no changes to the approval process for off-site subdivision signs. PUBLIC HEARING Vestina Tentative Tract MaD No. 26941, Chanoe of Zone No. 22 and the Addendum to Environmental Impact Report No. 230 Planner Craig Ruiz presented the staff report. Chairman Fahey opened the public hearing at 6:20 P.M. Ernie Egger, TPC, 27447 Enterprise Circle West, Temecu!a, representing the applicant, Taylor Woodrow Homes, stated the re-design efforts of Lot 6 through Lot 9 resulted in standard shaped and sized lots and a reduction in both grading and the grade of driveways. John Wayland, 33342 Pauba Road, Temecula, representing the Pauba Ranchos Property Owners Association, presented the Commission with the following list and concerns regarding the Crowne Hill P~'oject: amount of traffic and maintenance issues relative to roads in the area, provision of equestrian trails, parking for the park-site, street lighting, General Plan consistency, buffer treatment, above ground utilities, and possible impact on property values. Chairman Fahey advised that a number of the issues raised by Mr. Wayland cannot be addressed by the Commission because they do not relate to Tract Map No. 26941. PCM~NO2/01/93 -2- 2115/93 PLANNING COMMISSION MINUTES FEBRUARY 1,1993 - Harr. y Clark, 31010 Avenida Buena Suerte, Temecula, advised the Commission that the engiheer for the project has stated that Cee Cee Lane is not necessary to the project. Mr. Clark asked the Commission to consider this statement. Ernie Egger, responded that Crowne Hill DriVe will carry a substantial amount of traffic to Pauba, however, Tract Map 23143 is conditioned to provide frontage improvements to Pauba Road and a traffic Signal at Pauba Road and Crowne Hill Drive. Addressing the issue of traffic traveling east through the project, Mr. Egger stated that there is no need for traffic to travel east. Regarding Cee Cee Lane~ Mr. Egger stated that this road is not necessary to the project and the developer would have no problem deleting that link. He added that an equestrian trail is shown along Cee Cee Lane, however, the wash area is open and can be used by equestrians. Mr. Egger advised that no designs have been developed for the park but it is anticipated that the park site will provide ample parking. Mr. Egger stated that the developer is willing to provide the minimum street lighting on public roads and no street lights on the private roads and the developer would agree to a condition requiring construction equipment to access the site from the west through the Taylor Woodrow Tract. Commissioner Hoagland asked staff to address the road issues. Ray Casey stated that the City has had some discussions with the Assessment District who did the construction of Pauba Road about doing the half-width plus one lane improvements, and if that is done, the City will consider accepting Pauba Road for maintenance. Ray Casey added that the same could be done with Via Del Monte and Cee Cee Lane once the improvements that are conditioned by the map are complete. Mr. Ray Casey indicated that an agreement with the County of Riverside must be completed, prior to acceptance by the City for maintenance. Commissioner Chiniaeff questioned if staff would agree to ending Cee Cee Lane at Gastell, creating a cul-de-sac. Assistant City Attorney John Cavanaugh suggested that the Fire Department be consulted about .their concerns regarding closing off Cee Cee Lane. Chairman Fahey expressed concern that there are no equestrian trails provided by this developer except for those along the flood plain. Commissioner Chiniaeff suggested that an equestrian easement be created along the five acre lots in the buffer area and maintained by the Homeowners Association. Commissioner Chiniaeff suggested Lots 7, 8 and 9 be combined, and two lots be created split by the existing drainage course, providing minimum five acre lots adjacent to Pauba Ranchos and creating a buffer area. Commissioner Hoagland stated that he feels the City should make a commitment to take over the maintenance and liability of Pauba Road. PCMIN02/01/93 -3- ' 2115/93 PLANNING COMMISSION MINUTES FEBRUARY 1, 1993 Ernie Egger stated that the developer would agree to all the conditions except creating two lots out of Lots 7, 8 and 9. Adrian Folley, Project Manager, Taylor Woodrow Homes, gave an overview of the project from acquisition and asked the Commission to reconsider their request to combine the three lots. Commissioner Chiniaeff stated that he feels the drainage course is a natural break with the intention of creating a buffer back to the Pauba Ranchos properties. Commissioner Chiniaeff stated that there are pads on the sides of slopes that probably shouldn't be there. It was moved by Commissioner Chiniaeffr seconded by Commissioner Hoagland to' recommend Adoorion of Resolution No. 'PC 93-01 recommending Approval of Change of Zone No. 22, Vesting Tentative Tract Map No. 26941 and the Addendum to the Environmental Impact Report No. 230, based on the Analysis and Findings contained in the Staff Report; and subject to the Conditions of Approval amended as follows: 1. maintenance dedication of Pauba Road; 2. Cee Cee Lane and Gastell, create a cul-de- sac or end at the park site, provided it has adequate access and circulation based on Fire Department requirements; 3. maintain five acre lots as the transition lots to the county line (adjacent to Pauba Ranchos); 4. condition the developer to create equestrian trails along the five acre lots in the buffer area, to be maintained by the Crown Hills Homeowners Association; and, 5. combine Lots 7, 8 and 9 creating two lots split by the drainage course. The motion carried as follows: AYES: 4 COMMISSIONERS: Chiniaeff Ford, Hoagland, Fahey, NOES: 0 COMMISSIONERS: None ABSENT: I COMMISSIONERS: Blair PLANNING DIRECTORS REPORT None PLANNING COMMISSION REPORT None PCMIN0 2/01193 -4- 2i16193 PLANNING COMMISSION MINUTES OTHER BUSINESS None FEBRUARY 1,1993 ADJOURNMENT It was moved by Commissioner Ford, seconded by CommiSsioner Hoagland to adjourn at 7:30 P.M. and cancel the regularly scheduled meeting of February 15, 1993 and reschedule to February 22, 1993. The motion was unanimously carried with Commissioner Blair absent. The next meeting of the City of Temecula Planning Commission will be held February 22, 1993, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. Secretary Chairman Linda Fahey PCMINO2/01/93 -5- 2/15193 PLANNING COMMISSION MINUTES FOR FEBRUARY 22, 1993 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION FEBRUARY 22, 1993 A regular meeting of the City of Temecula Planning Commission was called to order Monday, February 22, 1993, at 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. Chairman Linda Fahey presiding. PRESENT: 4 COMMISSIONERS: ABSENT: I COMMISSIONERS: Blair, Chiniaeff, Ford, Fahey Hoagland Also present were Assistant City Attorney Mary Jo Shelton-Dutcher, Planning Director Gary Thornhill, Senior Planner John Meyer and Minute Clerk Gall Zigler. PUBLIC COMMENT None COMMISSION BUSINESS 1. ADDroyal of AQenda It was moved by Commissioner Ford, seconded by Commissioner Chiniaeff to approve the agenda. The motion carried as follows: AYES: NOES: ABSENT: 4 COMMISSIONERS: 0 COMMISSIONERSi 1 COMMISSIONERS: Blair, Chiniaeff, Ford, Fahey None Hoagland PUBLIC HEARING 2. PA 92-0054 Conditional Use Permit Proposal to construct a 3,400 square foot Big O Tire Store in the Scenic Highway Commercial (C-P-S) Zone. Assistant Planner Craig Ruiz presented the staff report. Craig advised the Commission of the following modifications to the staff report: PCMIN2/22/93 -1- 3110193 PLANNING COMMISSION MINUTES Page 2, Second Paragraph Page 12, Condition No. 1 Declaration Report. Commissioner Hoagland arrived at 6:10 P.M. "Lot 10" should read "Lot 9" Should read $50 for a Negative FEBRUARY 22, 1993 Chairman Fahey opened the public hearing at 6:10 P.M. It was moved by Commissioner Chiniaeff, seconded by Commissioner Ford to close the public hearing at 6:10 P.M. and Adopt the Negative Declaration for PA92-0054, Conditional Use Permit; and Adopt Resolution NO. PC 93-02 approving PA92-0054, Conditional Use Permit based on the analysis and findings contained in the staff repo~ and subject to the Conditions of Approval as modified by staff. The motion carried as follows: Blair, Chiniaeff, Ford, Fahey · None Hoagland AYES: NOES: ABSTAIN: 4 COMMISSIONERS: 0 COMMISSIONERS: 1 COMMISSIONERS: Parks and Recreation Master Plan Review and forward a recommendation of approval to the City Council to adopt the Master Plan as an element of the General Plan. Senior Planner John Meyer presented the staff report. Commissione~ Hoagland recommended that the City Council make changes to. the Recreation and Open Space elements of the General .Plan, and that the Parks and Recreation Master Plan be modified to assure consistency. Commissioner Chiniaeff stated he feels recreational parks (community and neighborhood) are a higher priority than the Northwest Sports Complex. Chairman Fahey opened the public hearing at 6:20 P.M. It was moved by Commissioner Chiriiaeff, seconded by Commissioner Hoagland to close the public hearing at 6:20 P.M. and recommend to the City Council to approval of the Parks and Recreation Master Plan as an element of the General Plan. Further, that it be made consistent with the General Plan as it moves through the approval process and recommend re-certification of the Environmental Impact Report for the City's General Plan. PCMIN2/22/93 -2- 3/10/93 PLANNING COMMISSION MINUTES The-motion carried as follows: AYES: 5 COMMISSIONERS: NOES: 0 COMMISSIONERS: FEBRUARY 22,1993 Blair, Chiniaeff, Ford, Hoagland, Fahey None DireCtor's Hearina Cases Uodate Director Thornhill presented the staff report detailing cases that have been approved at the Director's Hearing since this new hearing process began. Director Thornhill asked if the Commissioners would like to see copies of the minutes' from the Director's Hearing. Commissioner Chiniaeff requested a listing of cases approved every month to be included in the each Commissioner's agenda packets. Commissioner Ford asked how quickly projects are going through the process. Director Thornhill stated that cases were going through fairly quickly. Additional Extension Period for Plot Plans, Public Use Permits, and Conditional Use Permits Amend Ordinance No. 348 to allow for two additional one year extensions of time. Director Thornhill presented the staff report. Commissioner Blair expressed a concern about projects coming from the County. Director Thornhill stated those projects would have all either been constructed, or the approval would have expired. Director Thornhill added that the City's is striving to be consistent with the City of Murrieta and the County of Riverside. Commissioner Hoagland felt that a five (5) year total approval process was too long. Chairman Fahey expressed concerns about cases that have already been approved and would now be coming in for extensions of time and might now be inconsistent with the City's General Plan. Director Thornhill stated that staff will bring back a listing.of already approved plot plans, conditional use permits, and public use permits that will be coming in for extensions of time. PCMIN2/22193 -3- 3/'1OI93 PLANNING COMMISSION MINUTES FEBRUARY 22,1993 'After the Commission expressed concern about projects which may not be consistent with'the General Plan, Director Thornhill suggested that staff bring back a list of such projects for the Commissions review, prior to approving the amendment to Ordinance 348. Determination of General Plan Consistency Proposed transfer of 17.97 acres from the Native American Observers Training Association (NAOTA) to the U.S. Bureau of Indian Affairs. Associate Planner Dave Hogan presented the staff report. Chairman Fahey opened the public hearing at 6:40 P.M. Vince Ibanez, representing the NAOTA, provided a brief history on the site. Mr. Ibanez told the Commission the intended use of this property is to conduct tours to the General Public reflecting how indians lived. It was moved by Commissioner Hoagland, seconded by Commissioner Blair to close the public hearing at 6:45 P.M. and Adoot Resolution No. PC 93-03 determining that the transfer of 17.97 acres of land from the Native American Obeservers Association to the Bureau of Indian Affairs is consistent with the City General Plan. The motion carried as follows: AYES: 5 COMMISSIONERS: NOES: 0 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey None Planninq Commission Meetinos Consideration of having meetings the first Monday of every Month, instead of the 1 st and 3rd Monday of every month. Director Thornhill presented the staff report. It was moved by Commissioner Ford, seconded by Commissioner Chiniaeff to meet the first Monday of every month, beginning in March, 1993. NOES: PCMIN2/22/93 The motion carried as follows: AYES: 5 COMMISSIONERS: 0 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey None 3/10193 PLANNING COMMISSION MINUTES FEBRUARY 22. 1993 PLANNING-DIRECTOR REPORT Director Thornhill advised that the City Council has begun the pubic hearing process for the General Plan. PLANNING COMMISSION REPORT None OTHER BUSINESS None ' ADJOURNMENT Chairman Fahey declared the meeting adjourned at 6:55 P.M. The next regular meeting of the City o~ Temecula Planning Commission will be held on Monday, March 1, 1993, 6:00 P.M., at Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. Secretary . Chairman Linda Fahey PCMIN2/22193 *E- 3/1OI93 PLANNING COMMISSION MINUTES FOR MARCH 1, 1993 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MARCH 1, 1993 A regular meeting of the City of Temecula Planning Commission was called to order Monday, March 1, 1993, at 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. The meeting was cailed to order by Vice Chairman Billie Blair. PRESENT: ABSENT: 3 COMMISSIONERS: Blair, Chiniaeff, Hoagland 2 COMMISSIONERS: Ford, Fahey Also present were Assistant City Attorney John Cavanaugh, Senior Planner Debbie Ubnoske, Senior Planner John Meyer and Minute Clerk Gall Zigler. PUBLIC COMMENT None COMMISSION BUSINESS 1. AoDroval of Aaenda It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to approve the agenda. The motion carried as follows: AYES: 3 NOES: 0 ABSENT: 2 COMMISSIONERS: Blair, Chiniaeff, Hoagland COMMISSIONERS: None COMMISSIONERS: Ford, Fahey PUBLIC HEARING 2. Chanqe of Zone No. 23 Proposed zone change for a 6.1 acre parcel from R-3-4,000 to C-O. Located on the south side of Rancho California Road, approximately 450 feet east of the intersection of Via Las Colinas and Rancho California Road. Matthew Fagan presented the staff report. PCMIN03/01/93 -1- 3tlO/93 PLANNING COMMISSION MINUTES MARCH 1,1993 'Commissioner Hoagland asked if the applicant has a plot plan. Safa Muhtaseb~ 39930 Whitewood Road, Unit 106, Murrieta, owner and applicant, stated that he is working on the zone change at this time and when completed, the project will proceed to the engineering stage. It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to close the public hearing at 6:20 P.M. and Recommend Adoption of the Negative Declaration for Change of Zone No. 23 and Recommend Adoption of Resolution No. PC 93-04 recommending Approval of Change of Zone No. 23. The motion carried as fol'lows: AYES: 3 COMMISSIONERS: Blair, Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Ford, Fahey 3. Outdoor Advertising Display Ordinance Matthew Fagan presented the staff report. Commissioner Chiniaeff questioned why the provisions dealing with hardship cases were eliminated. Assistant City Attorney John Cavanaugh advised that because it is difficult to determine what a hardship is, it leaves an opportunity for anyone to declare a hardship, therefore the City Attorney recommends deleting the hardship clause. Vice Chairman Blair opened the public hearing at 6:25 P.M. Commissioner Chiniaeff questioned if there is a "sunset" clause on non-conforming signs. Assistant City Attorney Cavanaugh advised that non-conformity creates an issue where if the City required non-conforming signs to come down, the City would have to compensate the owner. It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to close the public hearing at 6:25 P.M. and Adoot Resolution No. PC 93-05 recommending the City Council adopt the Ordinance No. 93 - (nqxt} relative to outdoor advertising displays and deletion of language in Section 4(A) dealing with hardship CaSeS. PCMIN03/01/93 -2- 3/10193 PLANNING COMMISSION MINUTES The-motion carried as follows: AYES: 3 COMMISSIONERS: Blair, Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Ford, Fahey MARCH 1, 1993 Amendments to the Ordinance ReGulatinG Temporary SiGnS Dave Hogan presented the staff report. Commissioner Chiniaeff suggested the following modifications: 1 ) Item 4, Page 15, be modified with a clearer definition of special events; 2) Old Town issues should be in conformance with the Old Town Specific Plan; and 3) Page 16, E(1) should provide examples of hardship cases. Dave Hogan advised that the Old Town section will be superseded by the Old Town Specific Plan when it is adopted.. Assistant City Attorney Cavanaugh advised that hardship cases will be evaluated by staff. Vice Chairman Blair opened the public hearing at 6:35 P.M. Commissioner Hoagland said that he feels that none of the recommended changes should be made. He added that he feels a proliferation and/or continued proliferation of temporary signs takes away from the aesthetic appearance of the community and 274 days a year for allowable signage is excessive. Commissioner Hoagland suggested leaving the ordinance as is until the comprehensive sign ordinance is adopted. Commissioner Chiniaeff and Vice Chairman Blair concurred. It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to close the public hearing at 6:45 P,M. and recommend Denial of Resolution No. PC 93- 06recommending that the City Council amend portions of Ordinance No. 348 and 16 pertaining to the regulation of temporary signs. The motion carried as follows: AYES: 3 COMMISSIONERS: Blair, Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Ford, Fahey PCMIN03/01/93 -3- 3/10/93 PLANNING COMMISSION MINUTES 5. MARCH 1. 1993 Development Aqreement No. 92-1 (DA 92-1) Chanoe of Zone No, 21 and Tentative Parcbl MaD NO. 27314 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). Linfield Christian School. Vice Chairman Blair stepped down due to a conflict of interest based on the close proximity of her personal residence with the proposed project. Commissioner Chiniaeff suggested continuing this item until all Commission members are present. Commissioner Hoagland opeded the public hearing at 6:50 P.M. Roger D. Prend, 3788 McCray Street, Riverside, representing the applicant, agreed to continue the item for one month. Carmine A. Latrecchia, 31533 Corte Pacheco, TemeCula, expressed concern that the access road, exits and enters off of Rancho Vista Road, which carries a high volume of traffic traveling at high rates of speed. Mr. Latrecchia asked for consideration with regards to the lighting of the sports fields, which will have a significant impact on his personal residence. Additionally, Mr. Latrecchia asked that the project provide adequate parking for special events. It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to continue the public hearing on Development Agreement No. 92-1 (DA 92-1) Change of Zone No. 21 and Tentative Parcel Map No. 27314 to the meeting of April 5, 1993. The motion carried as follows: AYES: 2 COMMISSIONERS: Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Blair ABSENT: 2 COMMISSIONERS: Ford, Fahey PLANNING DIRECTOR REPORT None PCMIN03/01/93 -4- 3/IOI93 PLANNING COMMISSION MINUTES PLANNING-COMMISSION REPORT None MARCH 1, 1993 OTHER BUSINESS None ADJOURNMENT Vice Chairman Blair declared the meeting adjourned at 7:00 P.M. The next regular meeting of the City of Temecula Planning Commission will be Monday, April 5, 1993, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. Chairman Linda Fahey Secretary PCMIN03/O1/93 -5- 3/10/93 ITEM #3 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 5, 1993 Case No.: Western Bypass Corridor Alignment Study Prepared By: ~ Don Spagnolo, : Principle Engineer - Capital Projects RECOMMENDATION: That the Planning Commission recommend to the City Council the following Western By-pass Corridor Alignment Study recommendations: 1) Approve the Western By-pass Corridor Alignment Study dated December 1992, as a four-lane divided arterial highway classification to be used as a resource document for response to development proposals in the west Temecula area. BACKGROUND: The area westerly of I-15 in the City of Temecula has limited traffic circulation. Access to and from the industrial areas west of Murrieta Creek forces truck traffic to use the interchange at Rancho California Road and I-15 or Winchester Road and I-15. In some instances, the truck traffic is forced to utilize Front Street in the "Old Town" area of Temecula. The foothills and the escarpment on the west side further constrains the opportunity for alignment of a north- south arterial to improve access to the area west of I-15 in the City of Temecula. During its March, 1992 meeting, the Temecula City Council authorized a study of the Western Bypass Corridor which included an analysis of alignment alternatives, traffic flows and development of detailed intersection designs at RanCho California Road and at Front Street. This report describes that study and recommends specific alignment and intersection improvement alternatives. Three alignment alternatives were evaluated in order to determine which was the most compatible with the adjacent topography and land use, and simultaneously conformed to the City's design standards. The recommended alignment is from HWY 79S to Cherry St. - approximately 20,000' (as shown on exhibit 1, herein) satisfies the City's traffic and circulation needs in this area, and in addition: Provides a clear definition of the master-planned route for the Western Bypass Corridor that may be used in conjunction with the City's General Plan for requiring dedication of right-of-way and construction of improvements when development occurs in the area, pw04\plancornrn\egenda\93\04OE.rpt 032993 1 · Provides a definitive boundary between the developable areas of the City and the environmentally sensitive hills to the west. Crea(es new intersections with Frdnt Street, First Street, Vincent Moraga Drive, and Rancho California Road to facilitate access and circulation in this area. The Western Bypass Corridor is proposed as a four-lane divided highway. This width is consistent with the City's master plan classification and is supported by the traffic analysis. The traffic and intersections analysis section of this report is. q;~ite detailed and provides the City Engineering Staff with the technical data necessary to assure that the proposed alignment and the new intersections will function properly and safely. It will also enable the City to evaluate the traffic impacts of any proposed development in the west Temecu/a area and thereby determine specific recommendations for approval. or mitigation. The traffic operations analysis examined forecast conditions along the Corridor and at key intersections to identify the ability of the proposed Corridor to accommodate build-out traffic conditions. Specifically, this required two levels of analysis: The first level examined the forecast build-out daily traffic volumes along the proposed Corridor to identify whether the projected volumes could be accommodated within the capacity of the proposed four-lane divided highway. Examination indicated that the Corridor would operate adequately. The second level focused on the morning and evening peak hour operations of the intersections of the Corridor with Front Street and Rancho California Road. This analysis, which is discussed in detail in the technical study, examined intersection turning volumes to determine the appropriate design needed to accommodate forecasted traffic conditions within acceptable degrees of congestion. The analysis of the Corridor/Front Street intersection indicates that with the appropriate use of left and right turn lanes, the intersection would have uncongested flows of traffic. In the analysis of the Corridor/Rancho California intersection, various alternatives were examined. They included design of the intersection as a conventional at-grade intersection, as well as design of a grade separated interchange between Rancho California Road and the Corridor. This analysis, including traffic flow and costs, supports the recommendation of e grade separated interchange design at this location. The estimated cost for the project with the overcrossing at Rancho California Road is ~ 10.8 million, and $10. 6 million for the at-grade crossing. The at-grade intersection is not recommended because the traffic geometric design is unsatisfactory and extensive grading into the foothills area would be required. The cost of the grading exceeded the structure cost of the interchange alternative. Attachments: 1. Map of the Western By-pass Corridor - Blue Page 3 pwO4\plancomm%agende\93~O405,rpt 032993 2 ATTACHMENT NO. 1 MAP OF THE WESTERN BY-PASS CORRIDOR pwO4\plancomm\agenda\93\O405.rpt 032993 3 ' 'EXHIBIT I ITEM #4 lVrk'uVlORANDI. JI~ TO: FROM: DATE: SUBJECT: Planning .Commission Gary Thornhill, Director of Planning April 5, 1993 Five Year Approval Process for Plot Plans, Public Use Permits, and Conditional Use Permits At the March 1, 1993 Planning Commission meeting, staff requested the Commission consider amending Ordinance 348 to allow two (2) additional one year extensions of time for Plot Plans, Public Use Permits, and Conditional Use Permits. The ultimate approval of such an Ordinance would allow for a total of three (3) additional years to construct a project once the project is approved. The City's Ordinance currently allows for one one-year extension of time. The Commission expressed concerns relative to allowing two (2) additional years. The primary concern related to extending the life of County projects that the Commission had never seen. During the period from April of 1990 to June of 1990, the City Council acted on County transfered cases. The Commission never saw these cases. During this time, there were eight plot plans approved by the Council and no public use or conditional use permits. Of the eight plot plans approved by the Council, all of them have either been constructed or the application expired. No extensions of time were filed on any of these cases. All other applications have been reviewed by the Planning Commission. It is staffs opinion that the five year approval process would benefit businesses by providing them additional time in which to obtain funding and begin construction. It is further staffs opinion that there are no cases remaining from the County which would be able to avail themselves of this additional time. If the Commission is supportive of this five year approval for Plot Plans, Public Use Permits, and Conditional Use Permits, staff will prepare a staff report amending Ordinance 348, Sections 18.28, 18.29 and 18.30 for the Commission's consideration. ITEM #5 MEMORANDUlVl TO: FROM: DATE: SUBJECT: Planning Commission Gary Tnornhiii, Director of Planning April 5, 1993 Director's Hearing Cases Update The following ten (10) cases have been approved at the Planning Director's Hearing since February 18, 1993: two (2) Minor Public Use Permits, one (1) Conditional Use Permits, one (1) Plot Plan, two (2) Extensions of Time, three (3) Tentative Parcel Maps, and one (1) Tentative Tract Map (reference Table 1 for a description of approved projects). This new Approval Authority Ordinance has resulted in a total of 29 projects to date that were approved at the Planning Director's Hearing that would have previously been heard by the Planning Commission. The new approval process has substantially reduced the number of Harming Commission meetings necessary for project approval, as well as expedited the approval process for a number of minor applications. Attachment: I. Table 1 - Description of Approved Projects - Blue Page 2 THORNI-IGXDH4~TATS.4*5 I ATTACHMENT NO. 1 TABLE 1 - DESCRIFFION OF APPROVED PROJECTS THORNHG\DH~TATS.~S 2 TABLE 1 - DESCRH'TION OF APPROVED PROJECTS The following represents the number of eases that have gone to a Director's Hearing since July of 1992: TOTAL # OF CASES 1 Conditional Use Permit 2 Public Use Permits 2 Extensions Of Time 3 Tentative Parcel Maps TYPE OF CASE PA 93-0030, Minor Conditional Use Permit Temecula Investment Company 28721 Front Street An approximately 19,000 square foot Western Dance Hall to be located in an existing building PA 92-0031, Minor Public Use Permit Kenneth Oda 27464 Commerce Center Drive To locate a + 20,170 square foot church in an existing building in the Manufacturing Service Commercial (M-SC) zone PA 93-0029, Minor Public Use Permit Manna Christian Fellowship 28073 Diaz Road, Suites G and H To locate a _+ 2,800 square foot church in an existing building in the Manufacturing Service Commercial (M-SC) zone Tentative ParCel Map No. 25538, Amendtnent No. 2, First Extension of Thne Santiago Estate Corporation Southeastern terminus of Estero'Street One year Extension of Time - a two (2) parcel residential subdivision of 1.43 acres. Tentative Parcel Map No. 24633, Amendment No. 4, Fwst Extension of Time Santiago Estates Corporation North of Estero Street, east of Ormsby Road One year Extension of Time - a two (2) parcel residential subdivision of 1.43 acres. Tentative Parcel Map No. 27509 William Brown 28071 Diaz Road To subdivide an existing 3.35 acre parcel of land into two lots in the Manufacturing Service Commercial (M-SC) zone. APPROVAL DATE March 25, 1993 March 25, 1993 March 25, 1993 February 18, 1993 February 18, 1993 February 18, 1993 THOP, NHG\DH-STATS .4-5 3 TOTAL # OF CASES 1 Tentative Tract Maps 1 Plot Plan TYPE OF CASE PA 92-10, Tentative Panel Map No. 27686 Wilkinson 991 Trust 4235542381 Rio Nedo Street To subdivide a 2.5 acre lot with an existing building into two lots for condominium ownership purposes. Tentative Parcel Map No. 24586,/land. No. 3 Gary Adams The northwesterly comer of Diaz Road and Via Dos Picos To subdivide an existing +/- 5.42 acre parcel with an existing building into 5 parcels in the Manufacturing Service Commercial (M-SC) zone. PA 92-0036, Tentative Tract Map No. 27690 Temecula Medical Park Development, G.P. Northerly side of Winchester Road, 200 :t: feet northeasterly side of Ynez Road. A request for approval of a condominium map for medical offices. Plot Plan No. 248 Temecula Boys and Girls Club/Temecula Town Association Markham and Associates Southeast comer of Pujol Street and First Street To locate 6 pre-fabricated modular buildings totalling 4,560 square feet, a 6,000 square foot outdoor basketball court, and an 18 space parking lot on a vacant .63 acre parcel of land in the Controlled Development (W-2) zone. APPROVAL DATE February 25, 1993 March 18, 1993 March 11, 1993 March 18, 1993 THORNHG\DH~TATS .4-.5 4 ITEM #6 RECOMMENDATION: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 5, 1993 Case No.: Landscape Plan for Ynez Car Care Center (Conditional Use Permit No, 2) Prepared By: Matthew Fagan REVIEW the landscape plan and deny the request to delete required landscaping. APPLICATION INFORMATION APPLICANT: J. Larry Gabele REPRESENTATIVE: Jo Larry Gabele PROPOSAL: Landscape Plan LOCATION: Abutting the west side of Ynez Road and the east side of Interstate 15, approximately 200 feet north of the intersection of Ynaz Road and Solana Way. EXISTING ZONING: C-P-S (Scenic Highway Commercial) SURROUNDING ZONING: Nor{h: South: East: West: C-P-S (Scenic Highway Commercial) C-P (General Commercial) C-1/C-P (General Commercial) Interstate 15 PROPOSED ZONING: Not requested EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: West: Toyota Auto Dealership Jeep-Eagle Auto Dealership Retail Commercial Interstate 15 BACKGROUND Conditional .Use Permit No. 2 was originally approved by the Planning Commission on September 1'7, 1990. The applicant submitted a revision to Conditional Use Permit No. 2 on April 26, 1991. On June 17, 1991 the Planning Commission approved Conditional Use Permit No. 2, Revised No. 1. The Planning Commission approved an Extension of Time request for Conditional Use Permit No. 2, Revised No. 1 on April 20, 1992. At the hearing for the Extension of Time the applicant requested that the Planning Commission modify Condition of Approval No. 24 which required a block wall on portions of the northern and southern property line. Staff's recommendation at the time was to delete the block walls and enhance the landscaping at these areas. The Planning Commission voiced concerns for adequate screening of the service bay area (reference Attachment No. 1, Planning Commission Minutes of April 20, 1992) and subsequently approved Conditional Use Permit No. 2, Revised No. 1, Extension of Time with no modification to Condition of Approval No. 24. The applicant appealed the Planning Commission's decision relative to Condition No. 24, to the City Council, contending landscaping would accomplish the same screening as the block wall. The applicant stated the following. on the appeal application: "we wish to substitute landscaping for a block wall required by Condition No. 24" (reference Attachment No. 2, City of Temecula Appeal of Decision Application - Appeal No. 26). Councilmembers Parks and Moore stated they did not want to see the open service bays from Ynez Road. The City Council upheld the applicant's appeal on June 23, 1992 With the following stipulation attached: "the landscape plan be submitted to the Planning Commission for approval" (reference Attachment No. 3, City Council Minutes for June 23, 1992 meeting). DISCUSSION The applicant submitted landscape plans for the Planning Commission to approve on March 18, 1993. Although the applicant's appeal to the City Council requested landscaping in place of a six (6) foot high wall, the landscape plan subsequently submitted to Staff does not reflect this. The applicant has informed Staff that additional landscaping would not be effective in screening the areas where the six (6) foot high block wall was deleted, and therefore did not include any enhancement on the plan. It is now the applicant's opinion that neither a block wall or landscaping will serve as an effective screen for the service bays. The applicant requested Staff to waive the requirement for landscaping in place of the block wall. The applicant was informed that Staff could not delete the requirement for enhanced landscaping. That request would have to be made to the Planning Commission. Staff directed the applicant to submit a letter and pictures which would support his request for no landscaping. Attachment No. 4 is the letter from the applicant and associated pictures. In addition, copies of the landscape plans which were originally approved by the Planning Commission have been included along with this agenda report. Attachments: 2. 3. 4. Planning Commission Minutes, April 20, 1992 - Blue Page 3 City of Temecula Appeal of Decision Application Appeal No. 26 - Blue Page 4 City Council Minutes, June 23, 1992 - Blue Page 5 Letter and Pictures from Applicant, February 23, 1993 - Blue Page 6 ATTACHMENT NO. 1 PLANNING COMMISSION MINUTES, APRIL 20, 1992 PUBLIC HEARING ITEMS 'DDlicatiOn for a variance to exceed the' sign & ~'I3'I~I-WI~-j~&_~'Io)~.~qe~;),T~--, ~ .. 55 foot Mark Fu. ~.~ s,,mmarized the ~=T~-' jrt~ Chairman H~ '~T~ opened the -' 1c hearing at 6:40 P.M. Lou Kas~ere, I '~ ~ a Paz, Murrieta, stated that ~e fewest for n ~-' . to ~e height was due to the fact ~at ~e elev~_ ~ 0f the property to the east was 10 feet higher high sign not The Comm:' no except: Chinia, shou .voperty, therefore, making a 45' t-. ne side of the interstate. a whole st~ I that they felt there was circumstances 'h the nature of this approve the va~ ~e. Commissioners Blair stated that ~, ~elt the applicant rsue the placement of Cal TZ~ logo signs along moved by Commissioner Chiniaefi, -econded by r Fahey, to close the public hea ~ at 6:50 and AdoDtResolution No. 92-{next) denyin~ ~riance No. 10 based on the analysis and findings cont~ .d in the staff report. The motion was carried unanimou CONDITIONAL USE PERMIT NO. 2, EXTENSION OF TIME Proposal to construct an Automotive located on the west side of Ynez Road, 1-15. Service Center. East side of the Mark Rhoades summarized the staff report. He advised that the applicant had requested that Condition No. 24 be deleted and it was staff's recommendation that Condition No. 24 be modified to read "Prior to the issuance of building permits the applicant shall submit a landscape screening plan for approval by the Planning Director. Said landscape plan shall contain a combination of shrubs, trees and fences." Chairman Hoagland opened the public hearing at 6:55 P.M. ~ PCMIN4/06/92 -3- 4/09/92 Larry Gabelle, 10706 Birchfall Avenue, San Diego, applicant, stated that he felt the block wall would be an eyesore and could invite graffiti vandalism. Gary Anderson, owner of Temecula Jeep/Eagle, indicated ~hat he had no problems with the screening whether it was a wall or landscaping. Mr. Anderson ~id ask that something be done about the present condition of the property. Gary Thornhi11 advised that he had.received a phone call from the Toyota dealership owner, who had reservations about the deletion of the block wall. The Commission as a whole expressed concern for the adequate screening of the service bay area and indicated that they were not in favor of deleting the requirement' for the block wall. Chairman Hoagland asked that staff amend the language for Condition of Approval No. 17 which references using decomposed granite for parking. It was moved by Commissioner Fahey, seconded by Commissioner Blair, to close the public hearing at 7:15 P.M. and Reaffirm the previously adopted Negative Declaration for Conditional Use Permit No. 2, Revised No. 1 and Adopt Resolution No. 92-[next] approving the Extension of Time for Conditional Use Permit No. 2, Revised No. 1, based on the analysis and findings contained in the staff report and subject to the Conditions of Approval including Condition No. 24 and with modification to Condition No. 17 as outlined by staff. The motion was carried unanimously. TENTATIVE PARCEL MA~ 27336 7.1 ' ~Dosal for approval of.a reVersio~ as "'i~. ~B~.,~~~-~4-,,~it~-~-- Lot Plan No. 239~_. ~~e~i~4~,~M~' .~/Winchester Road between~- -~~ .~u~. Saied Naaseh s,~m,,,~__ ~Staff report. -4- 4/o9/s2 PCMIN4/06/92 , ~ ATTACHMENT NO. 2 CITY OF TEMECULA APPEAL OF DECISION APPLICATION - APPEAL NO. 26 oI the ~nl~pal ~de, ~e fel~wlng app~on mm N ~ted er ~ ~ ~ ~tmed to ~ ' appellant. ~ ep~al must h fged wl~ln ten {10) we~ng ~ ef ~e d~e~iMdon for wh[~ ' ' a review ~ sought,: Appealln~ the dec/s/on °f ~he: Relative tc the lOgon taken $4 (Business) (Specify Dlra~or, Boer~ or .Comm ss on} / Reason or Justification to aupport ~e appeal {Appellant mulr submit wltl~ this appeal each laaue which ~he eppeiTent elieRas wee wronety determined tO9ebSer wit~ every a~reemant and a copy ef every item of evidence. (Attach separate sheez of paper if necessary) De3lmd acdon to be taken: A pp'e Oat!/P :l; i'40~ ',"EZ~iECUL;' ATTACHMENT NO. 3 CITY COUNCIL MINUTES, JUNE 23, 1992 City Council Minutes June 23.1992 15. APPeal N0.26 (ADoeal of Condition of APProval NO. 24 Reouirina a Block Wall Alono the Southern and Northern Portions of Conditional Use Permit No. 2. Revised No. 1) Director of Planning Gary Thornhill presented the staff report. Mayor Birdsall opened the public hearing at 10:04 PM. Eric Gable, representing the applicant, spoke in favor of the appeal, stating that landscaping would be a more effective screen and will not cause the graffiti problem that is often associated with a wall. Councilmember Mu~oz asked if the proposal is to remove the wall completely or just a section of the wall. Mr. Gable stated he proposed complete removal of the wall. Mayor Birdsall closed the public hearing at 10:09 PM. Councilmember Parks stated he prefers the idea of landscaping rather than walls and if the Planning Department feels they can adequately screen the bays from Ynez Road he is in favor. He stated, however, that he does not want to see the open bays from Ynez Road and suggested having a landscape screen to the face of the building and a wall the rest of the way. Councilmember Moore stated she does not want to see the bays, however if the Planning Department feels landscaping iS adequate, she would be in favor of eliminating the condition. It was moved by Mayor PrO Tern Lindemans, seconded by Councilmember Moore uphold the appeal and to direct staff to submit the landscape plan to the Planning Commission for approval. City Manager Dixon expressed concern stating it needs to be clearly identified what the Council wants in terms of landscaping and where walls begin and end, He also expressed concern that adequate controls would be placed on landscape maintenance, and stated that walls are permanent. it was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Mu~oz to extend the meeting until 10:30 PM. The motion was unanimously carried. City Attorney Field suggested that the motion be amended as follows: Uphold the appeal of Condition No. 24 with the stipulation that the landscape plan be submitted to the Planning Commission for approval and that a condition of approval be added to require a landscape agreement be executed and recorded with the plot plan to assure that proper landscape maintenance is provided. Minutes\06\23~92 -9- 08104/92 City Council Minutes June 23, 1992 MayOr Pro Tern Lindemans, and Councilmember Moore amended the motion and second accordingly, The motion was unanimously carried. 16. 20 for Plot Plan No. 10605, Amendment No. 1, Revised Permit No. $nce No. 11 - To-Mac Eneineerina ~g Gary Thornhill presented the staff report. Ma for Bi~ called a brief recess at 10:22 PM to change the tape. 10:23 PM. W85 Mayor Birdsall ned the public hearing at 10:24 PM. Tony Terrich, Street, To-Mac Engineering, requested that the be granted . He stated thi,. pavement and will ground water. He business that do not have ~alt parking lots. He Specific Plan is in process sphalt may not be of approval not be enforced time. g the applicant, paving is a porous hat there are other similar since ~he Old Town Old Town, this condition Councilmember Mu~oz asked ho~ certificate of occupancy. Mr. he did have approval for temporary oc has been occupied without a approximately 11/2 years, however ncy by staff. James Marpie, 27120 El Rancho pavement and recommended thi.. City, stated gravel is an ideal porous as an acceptable paving. It was moved by Mayor Pro extend the meeting for 15 Lindemans, sE ~ded by Councilmember Moore to The motion unanimously carried. Mayor Birdsall closed ublic hearing at 10:35 Councilmember Me is doing the desi learned that gr stated she asked staff to contac Irban Design Group, who ,ork for the Old Town Specific Plan ffter speaking to them will not be a recommended paving in Old vn Specific Plan. It was me approve by Councilmember Moore, seconded by recommendation. !tuber Mu~oz to Ma, o Tem Lindemans stated he likes the old time flavor of gravel. recommend that the applicant be given a year until the Old by the proper citizen groups and proper hearings. stated he :ific Plan :ouncilmember Mu~oz stated he feels that the property owner should live conditions of approval. le Minutes~06\23\92 -1 O- 08/04/92 ATTACHMENT NO. 4 Lt:~ ~ER AND PICTURES FROM APPLICANT, FEBRUARY 23, 1993 February 23, 1993 RECEIVED CIIY OF TEMECULA Mathew Fagen c/o City of Temecuta Planning Dept. 43174 Business Park Dr. Temecula, CA 92590 RE: YNEZ CAR CARE CENTER Dear Mathew: AS you know, one of the conditions of approval for the plot plan for the Ynez Car Care Center was the planting of a 6 foot high landscape "wall" on the Northeast and Southeast property line of our project. This requirement was placed on our plot plan by the Bedford Architectural Control Committee with the intent to screen the view of Bay doors from traffic on Ynez Road. At the time the project was conceived, it was difficult todetermine what portion of our buildings could be seen from Ynez Road, and what effect a screen wall would have on that visibility. Now that our project is 90% complete, it is possible to determine what effect, if any, a screen walt may have to limit the visibility of Bay Doors from Ynez Road. To demonstrate the effectiveness of a screen wall, I parked a truck which is approximately 6 1/2 feet high where the screen wall was proposed on the Northeasterly property line. The attached photos (Number 1,2 & 3) are taken from Ynez Road and demonstrate that the.screen wall would by completely ineffective in screening the building Bays from view on Ynez Road. The reason for this is that the building pad is approximately six to seven feet lower than street level. (As shown in photo No. 4). The identical situation exists on the Southern boundary of our pro3ect. In fact, more actual screening of our bay doors takes place due to the display autos parked in front of the Toyota and Jeep dealer on each side of our project than there could possibly be through any screen wall we could construct. Due to the situation I have described, I am requesting the Planning Department waive the condition of approval requiring the screen walls and allow us to plant normally per the revised landscape plans I have submitted for your approval. In addition to being ineffective, these screens represent an excessive cost of approximately $8,000.00 to me which I cannot afford to spend in this economy. Page 2 Mathew'Fagen February 23, 1993 My leasing efforts have been hampered due to the fact that my center already is very expensive for many tenants especially since many existing automotive users are operating illegally in industrial space west of the freeway at rates on half of'what I must charge for my space with proper parking requirements. In addition to the previously mentioned change, we have eliminated some of the side yard trees due to the fact that these trees already exist in the parkways. (As shown in photo # 4 and # 5). Please review our amended plans and give me your comments as soon as possible. Without any further rain delays we expect to open for business March 20, 1993. Please phone me at (619) 587-1985, ~f you have any questions. Very Tr ly Yo rs, '1 TOYOTA TOYOTA ITEM #7 STAFF REPORT o PLANNING CITY OF TEMECULA PLANNING COMMISSION April 5, 1993 Case No.: PA93-0025, Minor Conditional Use Permit Prepared By: Craig D. Ruiz, Assistant Planner RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: ADOPT Resolution No. 93- approving PA93-0025, Minor Conditional Use Permit based on the Analysis and Findings contained in the Staff Report and subjeot to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: Bruce Wade, High Society Family Billiards REPRESENTATIVE: Fred Grimes, West Mar Commercial Brokerage PROPOSAL: A request to locate a 3,700 square foot billiards parlor in an existing building in the Manufacturing Service Commercial (M* SC) zone. LOCATION: 27039 Jefferson Avenue, Suites 101-103 EXISTING ZONING: M-SC (Manufacturing Service Commercial) SURROUNDING ZONING: North: South: East: West: M-SC (Manufacturing Service Comme~'cial) C-P-S (Scenic Highway Commercial) C-P-S (Scenic Highway Commercial) M-SC (Manufacturing Service Commercial) PROPOSED LAND USE DESIGNATION: Highway/Tourist Commercial EXISTING LAND USE: Office/Commercial SURROUNDING LAND USES: North: South: East: West: Vacant Retail/Commercial Retail/Commercial Office R:\S~STAFFRPT',25PA93.PC 3/31/93 Idb BACKGROUND This project was submitted to the Planning Department on February 8, 1993. It was subsequentif/scheduled for Development Review Committee (DRC) on February 25, 1993. The major concern of the project, up to that point, was parking. While there is adequate parking for the proposed use, there may be a shortage of parking spaces as the plaza becomes fully occupied. At this time, there are five vacant suites totaling 5406 square feet. The representative for the project has been informed that future uses in the plaza may require a parking study to ensure adequate parking. The project was scheduled for March 18, 1993 Director's Hearing. After the meeting was scheduled and advertised, the Planning Department received a letter and subsequently a phone call in opposition to the application. It was determined by the Planning Director to move this item from the Planning Director's agenda and schedule it before the Planning Commission due to the potential for controversy. PROJECT DESCRIPTION The proposed project is located at 27309 Jefferson Avenue, Suites 101-103, in the Jefferson Creek Plaza. The project is a proposal .to locate a 3704 square foot billiards-parlor in an existing building in the Manufacturing Service Commercial (M-SC) Zone. ANALYSIS Staff has received one letter of opposition to the proposed project (see attachment No.4). There have also been subsequent phone calls to the Temecula Police Department and Planning Department by the Same individual stating his opposition to the proposed use permit. The opposition stems from problems associated with the applicant's similar businesses in the City of Lake Elsinore and the Community of Ramona in northeast San Diego County. The Temecula Police Department and planning staff have investigated these claims with the appropriate people and agencies and have found the claims to be of some validity. However, staff, in the opinion of the City Attorney, cannot judge this application at this location based upon circumstances in other locations. This request must be judged solely on the merits of the application. Section 18.28 of Ordinance No. 348 stipulates that a Conditional Use Permit cannot be granted if the proposed uses would pose a threat to the public health, safety and general welfare of the community. Conditions have been placed upon this project which will insure that the proposed use will not pose such a threat. In the event that the applicant violates the conditions of approval, the Conditional Use Permit may be revoked pursuant to Section 18.31 of Ordinance No. 348. ZONING AND FUTURE GENERAL PLAN CONSISTENCY The project site is zoned M-SC (Manufacturing Service Commercial) and the adjacent parcels are zoned M-SC and C-P-S (Scenic Highway Commercial). The proposed project is consistent with all requirements of the M-SC Zone and Ordinance 348. The proposed Draft General Plan Land Use Designation is Highway/Tourist Commercial. It is anticipated that the site will likely be consistent with the City's future adopted General Plan. R:\S\STAFFRPT~25PA93,PC 3/31/93 Idb 2 ENVIRONMENTAL DETERMINATION Staff has determined the project to be a Class 1 Categorical Exemption from the California Environmental Quality Act. As such, no further environmental review was required. SUMMARY/CONCLUSIONS In staff's opinion, the proposed billiards parlor has been conditioned to be compatible with the surrounding uses. The project conforms with Ordinance No. 348 and. is consistent with the current zoning designation of Manufacturing Service Cornmer~ial and the Draft General Plan designation of Highway/Tourist Commercial. The use is exempt from the California Environmental Impact Report and will therefore have no adverse impact on the built environment. FINDINGS There is a reasonable probability that PA93-0025, Minor Conditional Use Permit 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 project is consistent with the existing zoning of Manufacturing Service Commercial and the Draft General Plan Land Use designation of Highway/Tourist Commercial. 2. The proposed project is consistent with Ordinance No. 348 since it meets all the requirements of Ordinance No. 348. The project as designed and conditioned will not adversely affect the public health or general welfare of the community. The project meets the criteria prescribed under Ordinance No. 348, Section 18.28. In addition, the attached Conditions of Approval will assure adequate circulation, access and parking which will facilitate the proposed Use, The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. The project conforms with applicable land use and development regulations. Surrounding development is predominantly commercial and offices which operate during day and evening hours. The proposed use has been conditioned to insure it will not impact the surrounding area businesses. The proposed project will not have a significant impact on the environment since the project is a Class 1 Categorical Exemption from the California Environmental Quality Act. R:\S\STAFFRPT~25PA93.PC 3/31/93 idb 3 Attachments: Resolution - Blue Page 5 Conditions of Approval - Blue Page 10 Exhibits - Blue Page 14 Ao Vicinity Map B. Zoning Map C. Site Plan Letter 0f Opposition - Blue Page 15 R:\S\STAFFRPT~25PA93.PC 3131193 klb 4 ATTACHMENT NO. 1 PC RESOLUTION NO. 93- R:\S\STAFFRPT~25PA93.PC 3/31/93 kJb 5 ATTACHIvrgTNT NO. 1 PC RESOLUTION NO. 93- A RESOLUTION OF ~ PLANNING COMMISSION OF ~ CITY OF TEMECULA APPROVING PA93-0025, MINOR 'CONDITIONAL USE PERIVIIT TO PERMIT OPERATION OF T~F- HIGH SOCIETY BH.LTARDS PARLOR LOCATI~'.r} AT 27309 JEFFERSON AVENUE, SUITES 101-103. W!tl~.REAS, Bruce Wade fried PA93-0025, Minor Conditional Use Permit in accordance · with the Riverside County Land Use, Zoning, planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Conditional Use Permit application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Conditional Use Permit on April 5, 1993, at which time interested persons had an opportunity to testify either in support or opposition; Wtt'EREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Conditional Use Permit; NOW, TFIFREFORE, ~ PLANNING 'CO1VIiMI~SION OF TItle CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula 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: 1. The city is proceeding in a timely fashion with the preparation of the general plan. 2. The planning agency f'mds, in approving projects and taking other actions, including the issuance of building permits, each of the following: R:\S%STAFFRPTX25PA93.PC 3/31/93 klb 6 a. There is a reasonable pwbability 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 little or no probability of substantial detriment to or inte~erence 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 law and 'local ordinances. A. 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. B. The proposed Conditional Use Permit is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: The city is proceeding in a timely fashion with a preparation of the general 2. The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this rifle, each of the following: a. There is reasonable probability that PA93-0025, Minor Conditional Use Permit proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. There is little or no probability of substantial detrimem 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 complies with all other applicable requirements of state law and local ordinances. C. Pursuant to Section 18.26(e), no Conditional Use Permit may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health safety and weftare of the community, and further, that any Conditional Use Permit approved shall be subject to such conditions as shall be necessary to protect the health, safety and general weftare of the community. D. The Planning Commission, in approving the proposed Conditional Use Permit, makes the following findings, to wit: R:\S\STAFFRPT~25PA93.PC 3/31/93 Idb 7 1. Them is a reasonable probability that PA93-0025, Minor Conditional Use Permit 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 project is consistent with existin~ zoning of Manufacturing Service Commercial and the Draft General Plan l-~nd Use designation of Highway/Tourist Commercial. 2. The proposed project is consistent with Ordinance No. 348 since it meets all the requirements of Ordinance I%1o. 348. 3. The project as designed and eonditioned will not adversely affect the public health or general welfare of the community. The project meets the criteria prescribed under Ordinance No. 348, Section 18.28. In addition, the attached Conditions of Approval wffi assure adequate circulation, access and parking which will facilitate the proposed use. 4. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. The project conforms with applicable land use and development regulations. Surrounding development is predominantly commercial and offices which operate during day and evening hours. The proposed use has been conditioned to insure it wffi not impact the surrounding area businesses. 5. The proposed project will not have a significant impact on the environment since the project is a Class 1 Categorical Exemption from the California Environmental Quality Act. E. As conditioned pursuant to Section 3, the Conditional Use Permit proposed is compatible with the health, safety and welfare of the community. Section 2. Environmental Compliance. The proposed use has been determined to be a Class I Categorical Exemption from the California Environmental Quality Act. Section 3. Conditions. That the city of Temecula Planning Commission hereby approves PA93-0025, Minor Conditional Use Permit for the operation of High Society Billiards Parlor located at 27309 Jefferson Avenue, Suites 101-103 subject to the following conditions: A. Exhibit A, attached hereto. R:\S\STAFFRPT~25PA93,PC 3/31/93 klb 8 Section 4. PASSI~.D, APPROVED AND ADOFrED this 5th day of April, 1993. LINDA L. FAHEY CHAIRMAN I n'F. Ul,.Ry CERTIFI( that the foregoing Resolution was duly adopted by ~he Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of April, 1993 by the following vote of the Commission: PLANNING COMMISSIONF./~: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: GARY THORNItlIJ. SECRETARY R:\S\STAFFRPT\25PA93.PC 3/31/93 klb 9 A'I'FACHMENT NO. 2 CONDITIONS OF APPROVAL R:\S~STAFFRPT\25pA93.pC 3/31/93 klb 10 CITY OF TEMECULA CONDITIONS OF APPROVAL Case No. PA93-0025, Minor Conditional Use Permit Project Description: A request for approval for locating an approximately 3700 square foot billiards parlor in an existing building in the Manufacturing Service Commercial (M-SC)zone. The project site is located at 27309 Jefferson Avenue, Suites 101,102, 103. Applicant: Bruce Wade, High Society Family Billiards Assessor's Parcel No.: 909-281-029 PLANNING DEPARTMENT The use hereby permitted by this Conditional Use Permit is a request for approval to locate an approximately 3700 square foot billiards parlor in an existing building in the Manufacturing Service Commercial (M-SC) zone. The project site is located at 27309 Jefferson Avenue, suites 101,102, 103. The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City of Temecule, its advisory agencies, appeal boards, or legislative body concerning PA93-0025, Minor Conditional Use Permit. The City of Temecula will promptly notify the permittee 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 permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. This approval shall be used Within one (1) year of appro{/al date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the one (1) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. This approval Shall expire on April 5, 1994. The development of the premises shall conform substantially with that as shown on the site plan for PA93-0025, Minor Conditional Use Permit marked Exhibit "A", or as amended by these conditions. Days and hours of operation shall be limited to Monday through Thursday 11:00 a.m. - 12:00 a.m., Friday and Saturday 11:00 a.m. - 2:00 a.m. The Minor Conditional Use Permit may be revoked pursuant to Section 18.31 of Ordinance 348 and for non-compliance with any condition of approval. R:~S\STAFFRPT~25PA93.PC 3/31/93 klb 11 8. 9. 10. 11. 12. 13. 14. 15. 16. At such time that the use is increased in size or the site is significantly altered, the applicant shall re-file with the Planning Department. In the' event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void. A minimum of 30 parking spaces shall be provided for the use in accordance with Section 18.12, Riverside County Ordinance No. 348. A minimum of 1 handicapped parking spaces shall be Ijrovided. The location of the handicapped parking spaces shall be approved by the Planning Director. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a' minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephone In addition to 'the above requirements, the surface of each parking space shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 546 and the County Fire Warden's transmittal dated February 22, 1993, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District transmittal dated February 23, 1992, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Riverside County Health Department transmittal dated February 19, 1993, a copy of which is attached. The applicant shall comply with the recommendations set forth in the RanCho California Water District's transmittal dated March 9, 1993, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Temecula Police Department's transmittal dated March 30, 1993, a copy of which is attached. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. R:\S\STAFFRPT~25PA93,PC 3/31/93 klb 12 BUILDING AND SAFETY 17. The applicant shall comply with applicable provisions of the 1991 edition of the Unifdrm Building, Plumbing and Mechanical; 1990 National Electrical Code; California Administrative Code Title 24 Energy and Handicapped Regulations and the Temecula Code. 18. Prior to the commencement of any construction work, obtain all building plan and permit approvals. 19. All existing buildings and facilities must comply with applicable handicapped accessibility regulations. 20. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 21. Restroom fixtures, number and type, shall be in accordance with the provisions of the 1991 edition of the uniform plumbing code, Appendix C. 22. Plans are not sufficient issuance for building permits. 23. The applicant shall provide electrical plan including load calcs and panel schedule, plumbing schematic and mechanical plan for plan review. DEPARTMENT OF PUBLIC WORKS No Comments. R:~S\STAFFRPT~25PA93.PC 3/31/93 kJb 13 RIVERSIDE COUNTY FIRE DEPARTMENT 210 WEST SAN JACINTO AVI~IUE · PERRIS, CALIFORNIA 92~70 · (gOg) 657-3183 February 22, 1993 TO: CITY OF TEME~ULA PLANNING DEPARTMENT ATTN:. CRAIG RUIZ RE: PA 93-0025 With respect to the conditions of approval for the above refer- enced plot plan, the Fire Department recommends approval of the project subject to the following the following fire protection measures in accordance with City of Temecula Ordinances and/or recognized fire protection standards: The access provided for the existing site and the on-site Water system (fire hydrants) are adequate for the proposed use, the following items shall be shown on the tenant improvement building plans. A Fire Department plan checker will review the tenant improvement plans while they are at the Building and Safety Department. 1. FIRE LANES The existing fire lanes are required to be maintained. The fol- lowing note shall be placed on the tenant improvement site plan sheet. Designated fire lanes (building access) shall remain unobstructed and permanently maintained". 2. FIRE SPRINKLERS Place the following note onthe tenant improvement plan title sheet. The existing automatic fire sprinkler system,shall be extended to provide coverage in all areas". Plans shall be sub- mitted to the Fire Department by a licensed contractor prior to the work being started. 3. Knox Key Lock Box Place the following note on the tenant improvement plan title sheet. The building shall be equipped with a Knox Kev Lock Box ". The applicant shall contact the Fire Department for specifications and a Knox permit application. ]~RIVERSIDE OFFICE 3760 12t~ Street, Riverside, CA 92501 (909) 275-4777 · FAX (909) 369-7451 FIRE PREVENTION DIVISION PLANNING SECTION 0 INDIO OFFICE 7g-733 Coumry Club Drive, Suite F, lndio, CA 92201 (619) 863-8886 · FAX (619) 863-7072 PA 93-0025 pg.2 February 22, 1993 3. FIRE EXTINGUISHERS Show the location of all portable fire extinguishers," (one per 5000 sq. ft. or 75 ft. travel distance)on the tenant improvement building plans. Fire extinguishers located in assembly areas or exit corridors shall be in recessed cabinets mounted 48" (inches) to center above floor level with maximum 4" (inch) projection from the wall. 4.. Provide details of the type of lock or latch on existing doors. Panic hardware is required for"all exits other than one main front door. All questions regarding the meaning of conditions shall be ferred to the Planning and Engineering Staff. RAYMOND H. REGIS Chief Fire Department Planner Eastern Municipal /ater District General Manager J Andrew Schlange Legd Counsel Redwine and Shetrill February 23, 1993 Craig Ruiz, Case Planner City of Temecula Planning Department FEB 43174 Business Park Drive Temecula, CA 92590 SUBJECT: PA 93-0025, Minor Conditional Use Permit To Whom It May Concern: We have reviewed the materials transmitted by your office which describe the subject project. Our comments are outlined below: General It is our understanding the subject project is a proposed use of an existing building located at 27309 Jefferson Avenue, Suites 101, 102, and 103. The subject project is located within the District's sanitary sewer service area. However, it must be understood the available service capabilities of the District's systems are Continually changing due to the occurrence of development and programs of systems improvement. As such, the provision of services will be based on the detailed plan of service requirements, the timing of the subject project, the status of the District's permit to operate, and the service agreement between the District and the developer of the subject project. The developer must arrange for the preparation of a detailed plan of service. The detailed plan of service will indicate the location(s) and size(s) of system improvements to be made by the developer (or others), and which are considered necessary in order to provide adequate. levels of service. To arrange for the preparation of a plan of service, the developer should submit information describing the subject project to the District's Customer Service Department, (909) 925-7676, extension 409, as follows: 1 } Written request for a "plan of service" Mail To: Post Office Box 8300 · SanJacinto, California 92581-8300 · Telephone (909) 925-7676 · Fax (909) 929-0257 Main Office: 2045 S. San Jacinto Avenue, San Jacinto · Customer Service/Engineering Annex: 440 E. Oakland Avenue, Hernet, CA Craig Ruiz PA93-0025 Febn~ry 23, 1993 Page 2 2} Minimum $400.00 deposit (larger deposits may be required for extensive development projects or projects located in difficult to serve geographic areas. 3} Plans/maps describing the exact location and nature of the subject project. Especially helpful materials include grading plans and phasing plans. Sanitarv Sewer The subject project is considered tributary to the District's Temecula Valley Regional Water Reclamation Facility. The nearest existing and available Temecula Valley Regional Water Reclamation Facility system sanitary sewer facilities to the subject project are as follows: · 8-inch diameter sewer aligned along Jefferson Avenue, fronting the subject project. Other Issues Contact must be made with the District's Customer Service Department at (909) 925-7676, extension 404 for the purpose of establishing a sewer service account for the new user(s) of the existing building. Should you have any questions regarding these comments, please feel free to contact this office at (909) 925-7676, extension 409. Very truly yours, EASTER MUNICIPAL WATER DISTRICT Judith C. Conacher Development Coordinator DGC/clz (wp-ntwk-PA930025 .clz) AB 93-267 (partial) _ cc: Planning Record Archives County of Riverside HEALTH SERVICESAGENCY TO: FROM: RE: C~TY OF TEMECULA PLANNING DEPT. A~TN: raig Ruiz DATE: ~f~IRONMENTAL HEALTH SPECIALIST IV MINOR CONDITIONAL ~SE PERMIT NO.'PA93~0025 02-19-93 RECEIVED · FEB 2 .q 1993 Ans'd ............. Department of Environmental Health has reviewed the Minor Conditional Use Permit NO. PA93-0025 and has no objections. PRIOR TO BUILDING PLAN APPROVAl.. the following are required: 1. "Will-serve" letters from the appropriate water and sewerin~ districts. If there are to be any food establishments, three complete sets of plans for each food establishment will be submitted including a fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. SM:dr (909) 275-8980 Kancho Water Doug Kulberg Jeffrey L. Minkler March 9, 1993 ,.,,Fir. Craig Ruiz City of Temecula Planning Department 43180 Business Park Drive Temecula, CA 92590 SUBJECT: Water Availability, APN 909-281-029 PA93-0025, Minor Conditiona/Use Permit Dear Mr. Ruiz: 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, ff any, to RCWD. If you have any-questions, please contact Ms. Senga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRICY. Steve Brannon, P. E. Manager of Development Engineering SB:~O:aj61/F186 cc: Senga Doherty, Engineering Technician I'IHR 3a '93 ~::]5::~PM SW ~,~F_RIFF STIlTION P.~ RECEI.VED MAR ~ 0 1993 Ans'd ............ Temecula Police Department Memormtdum TOt Craig, RUi2, Asliltant Plan~er · Ms Den Feltenberger, Officer ]tit Date: 03-30-93 Final Conditions of Approval for airier Conditional Permit No. PA930025, Family Billiards The following ere recommendations for Conditions of Approval for the above referenced application. Naximu~ amount of lighting allowable per Mr. Palemar restrictions in parking area of establishment. 2. Low density landscaping (shrubbery) in parking area and around 'the building, specifically window areas. 3, Maintain adequate number "high visibility" in house se~urlty =rained in recognizing, averting, and reporting potential problems within establishment during operating hours. Provide constant security personnel in parking lot area during peak business hours, (after sunset). ~ost "No Loitering" signs in conspicuous areas of parking lot and make effort to discourage loitering outside establishment. ..v. on .y on...tr....rid o...it .v.,.1.b:,.e public. These doo~s must be secured by personnel hours of operation. Further recommend any other access doors be alarmed when opened· No one under eighteen years of age in establishment after 10:00 pm. Would prefer ~o one under twenty-one years after 10:00 Allow no one under twenty-one into the establishment if they have bean drinking alcoholic beverages. Peraonnel should be trained to recognize the objective symptoms of intoxication. Recommend establishment have a designated driver program in effect. Police Department can be contacted for suggestions if ~eeired. If _multiple end/or constant problems arise at establishment which adversely impact the Police Department-- the Police Depar~men~ can at the discretion of the Police Chief assign officers ~o work aU the establishment. number of Officers assigned, ~he hours and days worked is also at ~he discretion of ~he Police Chief. ~ny Officers so aseig~ed will be at the current ex~a duty rate of pay and will he paid for by the owner of the establishment. The above are reoommendationeb~the Police Department to help minimize potential crininal problems. Dan FeltenberVer, Officer Temeoula Police Department (909) ~96-3088 A'I'I'ACHMENT NO. 3 EXHIBITS R:\S~STAFFRPT~25PA93.pC 3/31/93 klb 14 CITY OF TEMECULA CASE NO.: MINOR CONDITIONAL USE PERMIT NO. PA93-0025 EXHIBIT: A VICINITY MAP P.C. DATE: APRIL 5, 1993 R:\S\STAFFRPT%25PA93.PC 3/31/93 klb CITY OF TEMECULA CASE NO.: MINOR CONDITIONAL USE PERMIT NO. PA93-0025 EXHIBIT: B ZONING MAP P.C. DATE: APItH, 5, 1993 R:~S\STAF:FRPT~25PA93.PC 3/31/93 klb CITY OF TEMECULA / / / ~,. i i i i CASE NO.: MINOR CONDITIONAL USE PERMIT NO. 'PA934)025 EXHIBIT: C P.C. DATE: APRIl. 5, 1993 SITE PLAN R:\S\STAFFR~T~25PA93.pC 3/31/93 klb A'iTACHMENT NO. 4 L~-.: ER OF OPPOSITION R:\S\STAFFRPT%25pA93.pC 3/31/93 klb 15 }~rch 6, 1993 Gary Thornhill Planning Director 43174 Business Park Dr. Temecula, CA 92590 SUBJECT: RECEIVED MAR 0 9 1993 / s'd ............ Public Hearing - Conditional Use Permit request We are officially protesting the issuance of a Conditional Use Permit for Hi Society Billiards Club at 27314 Jefferson Ave. in Temecula. Allow me if I may to state the City's experience with Billiard Clubs to date. Approximately 3 to 3 ~ years ago a billiard club by the name of "Golden Cue" opened in South Creek Mall. They quickly established a reputation of being a loose run operation -~here anyone could buy beer and have a good time. Shortly after opening a "stabbing" occurred, and the business was closed. The business was started by an out of area individual who was only interested in a "quick buck" and not the community of Temecula. On approximately February 16, 1991 the Q Club opened at 27911 Front St. Suite 104, Temecula, 1 to 1½ years a~ter the closing of the Golden Cue. The Q Club is owned and operated by a local family, Ed and Tess Downer. They have a daughter who graduated from Temecula Valley High School and one currently in Margarita Middle School, (an honor roll student.) The Q Club is an upscale Family oriented disciplined business. The Q Club has supported numerous local and school programs, and continues to give discounts to Temecula Valley, Linfield and ~rrieta Higb Students. We are sports, yearbook, and special program supporters for all three schools. We have provided a clean, · wholesome disciplined environment for Temecula's youth f6r the past two years and done so "trouble free." You will recall I am sure some of the problems at a "local teen night club" and the Yellow Brick Road Arcade. Additionally, if you are not aware, you should be of th~ many problems at the billiard club in Lake Elsinore, "Old Tyme Billiards." I understand one of the applicants may have been a former owner in Lake Elsinore. Many of these problems are the result of management (or lack thereof) and motivation (what the owners expect to achieve and what they are willing to do to get it.) The Q Club is managed every hour it is open by the Downer family. Their mission statement for this business is simple, "Provide a Service to The Community in which we live and operate an honest business." The in~aediate Temecula Valley area~pop~lation)~_is not..s~fficient to support two billiard clubs. Given the demographics of the area and the current economic c~nditions, 2 billiard clubs will not be able to survive. They will need to advertise to out of area customers - or lower their standards of operations - or both. This will and should cause additionally concern to the citizens of Temecula. When the Teen night club advertised out of the area - gang types fron north and south came and the local youth did not and would not go with that element around. While I believe that everyone has a right to pursu~ their chosen business, it may not be in TemecBla. For I believe the City Council, City Manager and Planning Director have an obligation to the City and to existing business not to authorize uses which could result in '.failure and or problems. Lastly, since we have a good run business with a good reputation, we do not want to be tainted by'others should they be authorized and then have problems. We respectfully request you deny this request. Ed and Tess Downer cc: City Council ITEM #8 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 5, 1993 Case No.: PA93-0038, Minor Conditional Use Permit Prepared By: Craig D. Ruiz, Assistant Planner RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: ADOPT Resolution No. 93- denying PA93-0038, Minor Conditional Use Permit based on the Analysis and Findings contained in the Staff Report. APPLICATION INFORMATION APPLICANT: Charles Mitich, Dimensions Nightclub PROPOSAL: A request to convert an existing young adult nightclub into a adults only nightclub which will allow the selling and on-site consumption of alcohol. LOCATION: 28822 Front Street, Suite 203 EXISTING ZONING: C-P (General Commercial) SURROUNDING ZONING: North: South: East: West: C-P (General Commercial) CoP (General Commercial) Interstate 15 (I-15) C-1/C~P (General Commercial) PROPOSED LAND USE DESIGNATION: Service Commercial EXISTING LAND USE: General Commercial SURROUNDING LAND USES: North: South: East: West: Retail/Commercial Retail/Commercial Interstate 15 (I-15) Vacant R:~S\STAFFRPT~38PA93,PC 3/31/93 tie BACKGROUND On February 23, 1993, the applicant filed a Minor Conditional Use Permit (CUP) application in accordance with Ordinance No. 93-07 for the conversion of an existing young adult nightclub to an adult nightclub. Ordinance No. 93-07 requires a CUP for the establishment of bars and cocktail lounges. Originally, the young adult nightclub was approved through Administrative Plot Plan No. 153 in JUne of 1991. The applicant also received City Council approval for Conditional Use Permit No. 19 in April of 1992 for this same use. This additional approval was required as a result of a shooting incident that had occurred in March of 1992. This modification was filed as a Director approval; however because of concerns relating to compatibility of the proposed use, the matter was referred to the Planning Commission for consideration. PROJECT DESCRIPTION The proposed use is located at 28822 Front Street, Suite 203. The use occupies an approximately 10,140 square foot, two story suite. Presently, the site is used for the Dimensions young adult nightclub. The Minor Conditional Use Permit is a request to convert the existing nightclub into an adults only nightclub and to allow the selling and on-site consumption of alcohol. ANALYSIS A Conditional Use Permit should not be granted unless the applicant demonstrates that the proposed use will not be detrimental to the health, safety or general welfare of the community. The location of the proposed use would be approximately 400 feet from both the Temecula Teen Center and Skate City skating rink. The Temecula Teen Center and Skate City skating rink are uses that cater primarily to minors. It should be noted that the Teen Center will relocate to the Community Resource Center upon completion of construction, However, the relocation is not anticipated to occur before January of 1994. While the location of this use is 28822 Front Street, the site is orientated to the I-15 freeway · and is not visible to Front Street. The orientation of the building makes this use difficult to patrol and monitor by the Temecula Police Department. While this use is permitted in the General Commercial zone, in staff's opinion, the use in this particular location is not compatible with the surrounding uses. The Temecula Teen Center and Skate City will generally be open during the same hours as the proposed nightclub. The sale and on-site consumption of alcohol in close proximity to the Temecula Teen Center and Skate City skating rink would result in an incbmpatibility of land uses. The Alcohol Beverage Control Board (ABC) considers the Teen Center to be a sensitive use. Sensitive uses within 600 feet of a liquor license request are notified of such a request. If objections are raised, the appeal must go before a hearing body of the ABC. R:\S~STAFFRPT~3SPA93.pC 3/31/93 tie 2 ZONING AND FUTURE GENERAL PLAN CONSISTENCY The project.site is zoned C-P (General Commercial) and the adjacent parcels are also zoned General Corhmercial. While the proposed project is consistent with the requirements of the C-P Zone, the use is not consistent with Section 18.28 of Ordinance 348 which requires that a proposed use not pose a threat to public health, safety and general welfare of the community. The proposed Draft General Plan Land Use Designation is Service Commercial. It is anticipated that the site will likely be consistent with the City's' future adopted General Plan. ENVIRONMENTAL DETERMINATION Staff has determined the project is not subject to the California Environmental Quality Act per Section 15061 (b)(3). SUMMARY/CONCLUSIONS While the project is consistent with Section 9.1 of Ordinance No. 348 (the General Commercial Zone) the proposed use does not meet the requirement of Section 18.28 of Ordinance 348 for Conditional Use Permits. Section 18.28 requires that proposed uses not pose a threat to public health, safety and general welfare of the community. Due to the proximity of the proposed nightclub to the Temecula Teen Center and the Skate City skating rink, the proposed use has the potential to pose a threat to the health, safety or general welfare of the community. FINDINGS There is a reasonable probability that PA93-0038, Minor Conditional Use Permit 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 project is consistent with existing zoning of General Commercial and the Draft General Plan Land Use designation of Service Commercial, The proposed project is not consistent with OrdinanCe No. 348 since the Use does not meet all the requirements of SeCtion 18.28 of Ordinance No. 348 which requires that a proposed use not pose a threat to public health, safety and general welfare of the community. The project, as proposed, will adversely affect the public health and welfare on the grounds the use will allow the selling and on-site consumption of alcohol in close proximity to the Temecula Teen Center and the Skate City skating rink. The project, as proposed, would result in incompatible land uses on the grounds the use will allow the selling and on-site consumption of alcohol in close proximity to the Temecula Teen Center and the Skate City skating rink. The proposed project is not subject to the California Environmental Quality Act per Section 15061 (b)(3). R:\S\STAFFRPT~38PA93,PC 3/31/93 tie 3 Attachments: 1. 2. Resolution - Blue Page 5 Exhibits - Blue Page 9 A. Vicinity Map B. Site Plan R:\S\STAFFRPT%38PA93,pC 3/31/93 ATTACHMENT NO. 1 PC RESOLUTION NO. 93- R:\S\STAFFRPT~39PA93.pC 3/31/93 tie S ATfACHMBNT NO. 1 PC RESOLUTION NO. ~3- A RESOLUTION OF ~ PLANNING COMMISSION OF ~ CITY OF TEMECULA DENYING PA93.-0038, MINOR CONDITIONAL USE PERMIT TO CONVERT AN EXISTING T!~EN NIGHTCLUB INTO AN ADULT ONLY NIGHTCLUB AND ~ SELLING AND ON-SITE CONSUhIPTION OF .ALCOHOL LOCATED AT 28822 FRONT STRF. F.T, SUITE 203, PARCEL NUMBER 922-093-002. WI~.REAS, Charles Mitlch filed PA93-0038, Minor Conditional Use Permit in · accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, · which the City has adopted by reference; WtP;..REAS, said Minor Conditional Use Permit application was processed in the time and manner prescribed by State and local law; WFIEREAS, the Planning Commission considered said Conditional Use Permit on April 5, 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 denial of said Conditional Use Permit; NOW, TFfF. REFORE, ~ PLANNING CO1VIMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. following findings: Findinss. That the Temecula Planning Commission hereby makes the 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: B. The city is proceeding in a timely fashion with the preparation of the general plan. C. 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 procefi_Aing in a timely fashion with the preparation of its General Plan. · R:~S\STAFFRPT~38PA93.PC 3/31/93 D. Pursuant to Section 18.28(e), no Conditional Use Permit may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health, safety and weftaxe of the COmmultity, and further, that any Conditional Use Permit approved shall be subject to such conditions as shall be necessary to protect the health, safety and general weftare of the community. E. The Planning Commksion, in denying the proposed Conditional Use Permit, makes the following findings, to wit: 1. Them ii'a reasonable probability thai PA93-0038, Minor Conditional Use Permit will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State hw due to the fact that the project is consistent with existing zoning of General Commercial and the Draft General Plan Land Use designation of Service Commercial. 2. The proposed project is not consistent with Ordinance No. 348 since the use does not meet all the requirements of Section 18.28 of Ordinance No. 348 which requires that a proposed use not pose a threat to public health, safety and general weftare of the community. 3. The project, as proposed, will adversely affect the public health and welfare on the grounds the use will allow the selling and on-site consumption of alcohol in close proximity to the Temecula Teen Center and the Skate City skating rink. 4. The project, as proposed, would result in incompatible land uses on the grounds the use will allow the selling and on-site consumption of alcohol in close proximity to the Temecula Teen Center and the Skate City skating rink. 5. The proposed project is not subject to the California Environmental Quality Act per Section 15061Co)(3). Section 2. Environmental Compliance. The proposed project is not subject to the California Environmental Quality Act per Section 15061(b)(3). Section 3. Conditions. The City of Temecula Planning Commission hereby denies PA93-0038, Minor Conditional Use Permit to convert the existing teen nightclub to an adult only nightclub and allow the selling and on-site consumption of alcohol located at 28822 Front Street, Suite 203, APN 922-093-002. The project has been recommended for denial; therefore, no conditions have been prepared. R:\S\STAFFRPT~38PA93,PC 3131193 Section 4. PASSED, APPROVED AND ADOPTED this 5th day of April, 1993. LINDA L. FAHEY CHAIP, MAN I l:ll~F..ny CERTWY that the foregoing ReSolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of April, 1993 by the following vote of the Commission: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: GARY THORNBILL SECRETARY R:\S\STAFFRPT~38PA93.PC 3/31/93 tie 8 A'FFACHMENT NO. 2 EXHIBITS R:\S\STAFFRPT~38pA93.pC 3/31/93 tie 9 CITY. OF TEMECULA CASE NO.: MINOR CONDITIONAL USE PERMIT NO. PA93-0038 EXHIBIT: A VICINITY MAP P.C. DATE: APRIL 5, 1993 R:~S\STAFFRPT~38PA93.PC 3/31/93 tjs CITY OF TEMECULA FRONT STREET · -T"' ~ ' ' ' ''~ CASE NO.: MINOR CONDITIONAL USE PERMIT NO.' PA93-0038 EXHIBIT: B _P.C. DATE: APRIL 5, 1993 SITE PLAN R:\S~STAFFRPT~38PA93.pC 3/31193 tja ITEM #9 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Gary Thornhill, Director of Planning April 5, 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 RECOMMENDATION: RECOMMEND Adoption of Negative Declaration for Development Agreement No. 92-1, Change of Zone No. 21, 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, and Tentative Parcel Map No. 27314, Amendment No. 3 based on the Analysis and Findings contained in the Staff Report, 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 Institutior~al to High Density Residential prior to adoption of the Genera| Plan. BACKGROUND This project was continued from the March 1, 1993 Planning Commission meeting. At the March 1, 1993 meeting, two commissioners were absent and one stepped down due to a conflict of interest. Although an action could have been taken, the Commission recommended a continuance to allow for all the commissioners to hear the item. The public hearing was opened by the Commission and one person from the audience expressed some concerns about the conceptual site plan for the Linfield School site which was not under consideration that night. ANALYSIS The only changes to the March 1, 1993 staff report are to the Public Works' conditions of approval. These changes are very minor. The changes to the conditions of approval are for clarification purposes and do not change the content of the conditions. Staff is also recommending three changes to the Development Agreement. Following are the recommended changes to the Dpvelopment Agreement: Page 14 · "16.3.(e) Constitute a project requiring a Subsequent or Supplemental EnvirOnmental ImpaCt Report pursuant to Section 21166 of the Public Resources Code." Staff is recommending that this be deleted. Paqe 6 "4. (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 Mcdium Dcnsity Residential or Public Institutional, and amending the zoning to Single Family Rcsidcntial (R 1) or Public Institutional." Staff is recommending that the amended language be approved. Paoe 15 "19,(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 Public Institutional Institutional or Lo~ Medium Doncity Rcs~dcntial, and amend the zoning to Public Institutional Singlc Family Rcsidcntial (R 1 ); Owner further agrees to such amendments." Staff is recommending that the amended language be approved. Attachments: 2. 3. 4. 5. 6. Resolution No. 93~ - Blue Page 3 Conditions of Approval - Blue Page 9 Development Agreement - Blue Page 26 Planning Commission Minutes, March 1, 1993 - Blue Page 27 Memorandum to Planning Commission, March 1, 1993 - Blue Page 28 Planning Commission Staff Report, March 1, 1993 - Blue Page 29 ATTACHMENT NO. 1 PC RESOLUTION NO. 93- PC RESOLUTION NO. 93- A RESOLUTION OF ~ PLANNING COMMISSION OF ~ CITY OF TEMECULA RECOMMENDING APPROVAL OF DEVELOPMENT AGREEMENT NO. 92-1, CHANGE OF ZONE NO. 21 TO CHANGE T~E. ZONING FROM R-R TO R-3, AND TENTATIVE PARCEL MAP NO. 27314, AMF_,NDI~fir. NT NO. ~ TO SUBDIVIDE A 96.9 ACRE PARCEL INTO FOUR (4) PARCELS AND A REMAINDER PARCEL SUBJECT TO TRF. CITY COUNCIL ACTION ON CHANGING T~nr. LAND USE DESIGNATION OF PARC~..L NO. 2 OF TENTATIVE PARCEL MAP NO. 27314, AMENDlVn~.NT NO. 3 FROM PUBLIC INSTITUTIONAL TO HIGH-DENSITY RESIDENTIAL LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO VISTA ROAD AND EAST OF ~ TEMECULA VALLEY HIGH SCHOOL. WHEREAS, The Linfield School fried 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; WHEREAS, said applications were processed in the time and manner prescribed by State and local law; WItEREAS, the Planning Commission considered said applications on April 5, 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 applications; NOW, THEREFORE, ~ PLANNING COMMISSION OF THF. CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecuh Planning Commission hereby makes the following findings: A. Pursuant to Govermnent Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months foliowing 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 axe met: general plan. The city is proceeding in a timely fashion with the preparation of the R:~S%STAFFRPT\27314.PC2 3/31/93 tie 4 2. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a. Them 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 little 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 law 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 potion 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 said applications makes the following fmdings, to wit: Development Agreement No. 92-1 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 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 ff the project is ultimately inconsistent with the plan, since this project 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:\S\STAFFRPT%27314.PC2 3/31/93 tj. 5 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 entiflements for the development of the property or any changes, nmendments, 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. Change of Zone No. 21 1. There is a reasonable probab'tiity 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 hrcel 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. 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. 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 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. The project, as conditioned, conforms with existing applicable'city zoning ordinances and development standards. ' 2. There is not a likely probability of substantial detrhnent 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. 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 welfare. The project as designed and conditioned will not adversely affect the public 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 propose~. single-family dwellings to the north and south. 6. The project has acceptable access to dedicated fights-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 applicabl~ City Engineering standards and ordinanceS. 7. The proje~:t as designed and conditioned will not adversely affect the built or natural environment as determined in the Environmental Analysis for this project. 8. Said findings are supporW. d by minutes, maps, exhibits and environmental documents associated with this application and heroin incoq~orated 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 welfare of the community. Section 2. Environmental Compliance. An Inifml 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 project design, and a mitigated Negative Declaration, is hereby granted. Seaion 3. Conditions. That the City of Temecuia Planning Commission hereby recommends approval of Development Agreement 92-1, Change of Zone No. 21, and Tentative Parcel Map No. 27314, Amendment No. 3 located north of Pauba Road, south of Rancho Vista Road and east of the Temecula Valley High School subject to City Council approval of a High- Density Residential designation for Parcel No. 2 of Parcel Map No. 27314, Amendment No. 3 and subject to the following conditions: A.. Attachment No. 3, attached hereto. R:\S%STAFFRPTX27314.PC2 3/31193 t~ 7 Section 4. PASSED, AIrPROVED AND ADOPTED this 5th day of April, 1993. I i~.RERy 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 5th day of April, I993 by the foBowing vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIOn: GARY THORNI4~ SECRETARY A'F!'ACHMENT NO. 2 CONDITIONS OF APPROVAL 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 administrative 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 shail 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\STAFFRPT~27314.PC2 3/31/93 tie 10 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 unve{ietated 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 spbject.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 project 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. 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 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 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%STAFFRPT%27314.PC2 3/31/93 12. 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. PRIOR TO ISSUANCE OF GRADING PERMITS 13. A Mitigation Monitoring Program shall be submitted to and approved by the Planning Director. 14. A copy of the ROugh Grading plans shall be submitted to and approved by the Planning Director. 15. 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 shall 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. 16. 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 authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. 17. The following shall 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) (c) All shrubs shall be a minimum of 5 gallons. All giound cover shall b~ a minimum of 8" on the center R:~S\STAFFRPT~27314,PC2 3/31/93 tj= 12 (3) Landscaping for the following: (a) The golf course. (b) Typical slope conditions. (c) Private common areas including all improvements. (d) Shrub planting to completely screen perimeter wails 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 shall 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 R:%S\STAFFRPT~27314,PC2 3/31/93 tj~ 13 B. A copy of the Rough Grading Plans C. A copy of the Environmental Constraint Sheet (ECS) with the following notes: (1) (2) 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. 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 Biological 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 Conditions 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. PRIOR TO ISSUANCE OF BUILDING PERMITS 19. No building permits shall be issued by the City for any residential lot/unit within the projei:t 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 (9100.00) per lot/unit shall be 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 shall be submitted and approved. 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 tor parcel 2 shall be installed according ~o 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. 32. 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. 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. 36. The final grading plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 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 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. 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 Civil Engineer and submitted to the Department of Public Works for review and approval. R:\S~STAFFRPT~27314.PC2 3131/93 tjl I IS 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. 42. 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. 43. The developer shall obtain any necessary letters of approval or easements for any off: site work performed on adjacent properties as directeCl by the Department of Public Works at no cost to any agency. 44. 45, 46. · 47. 48. 49. 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 R:~S~STAFFRPT~27314.PC2 3/31193 tie 17 50. 51. 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. 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. 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 streets 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 proje~:t. 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. 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. 52. The grading plan shall be designed to reflect the relocation of the existing reservoir on the easterly edge of the project to be wholly contained within the remainder parcel. The preliminary soils report submitted in conjunction with the project grading plan shall address the dike design necessary to accomplish this. 53. The grading plan shall be designed to reflect the relocation of the existing access road to school facilities within the remainder parcel off-site. 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 tothe 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, 58. 59. 60. 61. 62. 63. PRIOR 64. 65. H. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. I. ' 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. J. All concentrated drainage directed towards the public street shall be conveyed through under-sidewalk drains. '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 Civil 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: A. 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 R:%S%STAFFRPT~27314.PC2 3/31/93 the 20 66. 67. 68. 69. 70. 71. F. Undergrounding of proposed utility distribution lines. 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 Flodd Control and Water Conservation District City of Temecula Fire Bureau Planning Department Department of Public Works 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 Paube 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, enter into an agreement to complete the improvements pursuant to the Subdivision MaP Act, Sections 66462 and 66462.5. Suchagreement shal! provide for payment by the developer of all costs inc~Jrred 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 Civil 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. R:\S%STAFFRPT%2.7314+PC2 3/31/93 tie 21 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. Plans for a traffic signal shall be recommended by a registered Traffic Engineer and shall be signed by a registered Civil 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. A school zone signing and striping plan shall be designed by a registered Civil 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 ~ight-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 an ECS recorded with any underlying maps related to the subject property. 84. 85. 86. 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 ~i written agreement with the City deferring said payment to the time of issuance of a building permit. The developer shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed' to CATV Standards at time of street improvements. A declaration of Covenants, Conditions andRestrictions iCC&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 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, 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 aocess 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 Repor~ addressing compaction and site conditions. 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 Agreement, 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; provided 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. 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. 100. 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\STAFFRPT~27314.PC2 3/31/93 tj~ 25 ATTACHMENT NO. 3 DEVELOPMENT AGREEMENT R:~S~STAFFRPT~27314,PC2 3/31/93 tie 26 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 TEMECu/~A and THE LINFIELD SCBOOL DEVELOPMENT AGREEMENT BETWEEN CITY OF '£~M~uula ='~u~ 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 la 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 furtherlimit. 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~STAFF~INFIELD.T~'O 3/31/93 tit -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 Co~nunity 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 t~e 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\STAFFRFTU,~rFIBLD.TWO 3/31/93 ~j, ' 3 ' adverse environmental impacts of such development entitlement which were not considered or mitigated at the tim~ 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 my 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 p~yable to the County Clerk in the amount of 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). 0. City Council of City has approved this Agreement by Ordinance No. adopted on , 1993, and effective on , 1993. NOW, THEREFORE, inconsideration 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, 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 applicableto the development of the Property which are a matter ofpublic 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) (4) the conveyance of The conduct of businesses, professions, Taxes and assessments; The control and abatement of nuisances; The granting of encroachment permits and 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 connectionswith 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:XS~STAFFRF~L~F~BLD.TWO 3/31;93 *~s - 5 - Exhibit Designation Description A\ Legal Description of the K Property Referred to in Paragraph B Existing Development l(f), 15.2 Approvals C DevelOpment Schedule 9, 10 D Public Facility Fee 14.2 Agreement E FeeCredit 14.3 F Deed Restriction 10 G Development Plan 9 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 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 Public Institutional, and amending the zoning to 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~STAFFRFT~Lff~-LD.TWO 3/31/93 ~s -6- 5. Assi~rnmen~. 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 ~, or Riverside County Ordinance No. 460, as the same was incorporated by reference into the Tamecula 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, 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 Transferring Owner. Notwithstanding any sale, transfer, or assignment, a transferring Owner shall Continue to be obligated under this Agreement unless such transferring Owner is given a release in writing by 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\STAF~P3q~L~q~BLD.TWO 3/31/93 ~s - 7 - 5.3 Subsequent Assignment. Any subsequent sale, transfer, or assignment after an initial sale, transfer, or assignmen_t 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 finaneing 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 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 R:\S~STAFFP, I'r~LRD.T~/O 3/31/93 tim - 8 - that any sale, transfer o~ 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. 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 (a-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 which may arise from the direct or indirect operations of the 0wner or those of his contractor, subcontractor, agent, employee or other_person acting on his behalf which relateto 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 sufferedby 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 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, in its 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~LINFIELD.T~'O 3/31/9~] tjs - 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 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 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 Fe~, 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: (a) .Processing fees and charges imposed by City to cover the estir~ated actual costs to City of progessing 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, reco~nendation, 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 inconflict 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 Requlation by Othe~ Public Agencies. 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 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, et 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 immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this R:\S~STAFFRPT'~.INFIBLD.T~/O 3/31/93 tj$ ' 12- Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 16. Development of the Property. 16.1 PrQiect. 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 Co~m~unity 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 Faciiities 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 Chan~es 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 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, R:~S\STAFFRPT~BLD.TWO 3/31/93 ~s = 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 A~reement. (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) monUh 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 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 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 Owne~ 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 preventedor 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:\SkSTAFFRPT~L~NFIELD.TWO 3~I/93 ~s - 14 - "Agreement, same in a Agreement, documented form, that it deems relevant and appropriate to the Council's deliberations. Based on the evidence presented at the public h~aring, 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 ~eview 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 and the failure of Owner to successfully challenge the court of law, City may not only terminate this but also shall amend the land use designation of the Property to Public Institutional and amend the zoning to Public Institutional; 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. 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 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~STAFFP, F~LINFiBLD.T~VO 3/31/93 tim - 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 wri'ting 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 "OWNE R" 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~STAFFRPT~LINFIBLD.TV~O 3/31/93 ljs - 17 - EXHIBIT 'Aw DESCRIPTION OF THE 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\STAFFRPT~LINFIELD.T~NO 3/31193 tj0 - 18 - EXHIBIT wB- EXISTING DEVELOPMENT APPROVALS Tentative Parcel Map No. 27314 Change of Zone No. 21 R:\S\STA~FP3rDi~F~LD.TWO 3/31~3 ~s - 19 - EXHIBIT "C" DEVELOP3fi~V"r SCn=u'0LE Within five (5) years of the effective date of this Development Agreement, Owner shall have substantially begun construction of each of the following uses: a. . Twenty (20) dwelling'unitSof 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-famil7 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 ~greement, Owner shall have recorded Parcel Map 27314 and have obtained all Subsequent Development Approvals for the Senior Citizen Mousing 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. EXHIBIT PUBLIC FACILITY FEE A~REEM~NT R:~SXSTAFFRPT~LINFIBLD.TWO 3/31/93 tjs - 2 1 - EXHIBIT 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, Owfier shall receive a 'full credit against its Quimby Fees required pursuant to Riverside County Ordinance NO. 460. R:~S\STAFFRPT~LINFIF_LD.T~O 3/31/93 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 PaSTRICTIONS 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. I. Land Use and Buildinq Type. N6 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 violat~ any covenant either to restrain violation 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 6f 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: F/HIBIT ~G~ DEVELOPMENT PLAN ATTACHMENT NO. 4 PLANNING COMMISSION MINUTES, MARCH 1, 1993 R:%S\STAFFRPT~27314.PC2 3/31/93 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MARCH 1, 1993 A regular meeting of the City of Temecula Planning Commission was called to order Monday, March 1, 1993, at 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. The meeting was called to order by Vice Chairman Billie Blair. PRESENT: 3 COMMISSIONERS: .Blair, Chiniaeff, Hoagland ABSENT: 2 COMMISSIONERS: Ford, Fahey Also present were Assistant City Attorney John Cavanaugh, Senior Planner Debbie Ubnoske, Senior Planner John Meyer and Minute Clerk Gall Zigler. PUBLIC COMMENT None COMMISSION BUSINESS 1. Approval Of AOenda It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to approve the agenda. The motion carried as follows: AYES: 3 COMMISSIONERS: Blair, Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Ford, Fahey PUBLIC HEARING 2. ChanGe of Zone No. 23 Proposed zone change for a 6.1 acre parcel from R-3-4,000 to C-O. Located o.n the south side of Rancho California Road, approximately 450 feet east of the intersection of Via Las Colinas and Rancho California Road. Matthew Fagan presented the staff report. PCMINO3/01/93 -1- 3/10193 PLANNING COMMISSION MINUTES MARCH 1. 1993 .Com. missioner Hoagland asked if the al~plicant has a plot plan. Safa Muhtaseb, 39930 Wliitewood Road, Unit 106, Murrieta, owner and applicant, stated that he is working on the zone change at this time and when completed, the project will proceed to the engineering stage. It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to close the public hearing .at 6:20 P.M. and Recommend Adoption of 'the Negative Declaration for Change of Zone No. 23 and Recommend Adoption of Resolution NO. PC 93-04 recommending Approval of Change of Zone No. 23. The motion carried as foilowe: AYES: 3 COMMISSIONERS: Blair, Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Ford, Fahey Outdoor Advertisino DieDlay Ordinance Matthew Fagan presented the staff report. Commissioner Chiniaeff questioned why the provisions dealing with hardship cases were eliminated. Assistant City Attorney John Cavanaugh advised that because it is difficult to determine what a hardship is, it leaves an opportunity for anyone to declare a hardship, therefore the City Attorney recommends deleting the hardship clause. Vice Chairman Blair opened.the public hearing at 6:25 P.M. Commissioner Chiniaeff questioned if there is a "sunset" clause on non-conforming signs. Assistant City Attorney Cavanaugh advised that non-conformity creates an issue where if the City required non-conforming signs to come down, the City would have to compensate the owner. It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to close the public hearing at 6:25 P.M. and Adoot Resolution No. PC 93-05 recommending the City Council adopt the Ordinance No. 93 - (next) relative to outdoor advertising displays and deletion of language in Section 4(A) dealing with hardship CaSeS. PCMIN03/O 1/93 -2- :3/I 0~93 PLANNING COMMISSION MINUTES The.motion carried as follows: AYES: NOES: ABSEN:T: 3 COMMISSIONERS: 0 COMMISSIONERS: 2 COMMISSIONERS: MARCH 1,1993 Blair, Chiniaeff, Hoagland None Ford, Fahey Amendments to the Ordinance Reoulatino Temporary Sians Dave Hogan presented the staff report. Commissioner Chiniaeff suggested the following modifications: 1 ) Item 4, Page 15, be modified with a clearer definition of special events; 2) Old Town issues should be in conformance with the Old Town Specific Plan; and 3) Page 16, E(1) should provide examples of hardship cases. Dave Hogan advised that the Old Town section will be superseded by the Old Town Specific Plan when it is adopted. Assistant City Attorney Cavanaugh advised that hardship cases will be evaluated by staff. Vice Chairman Blair opened the public hearing at 6:35 P.M. Commissioner Hoagland said that he feels that none of the recommended changes should be made. He added that he feels a proliferation and/or continued proliferation of temporary signs takes away from the aesthetic appearance of the community and 274 days a year for allowable signage is excessive. Commissioner Hoagland suggested leaving the ordinance as is until the comprehensive sign ordinance is adopted. Commissioner Chiniaeff and Vice' Chairman Blair concurred.' It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to close the public hearing at 6:45 P.M. and recommend Denial of Resolution No. PC 93- 06recommending that the City Council amend portions of Ordinance No. 348 and 92- 16 pertaining to the regulation of temporary signs. The motion carried as follows: AYES: 3 COMMISSIONERS: Blair, Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Ford, Fahey PCMIN03/01/93 -3- 3/10193 PLANNING COMMISSION MINUTES 5. MARCH 1,1993 Develooment Aoreement No. 92-1 {DA 92-1) Chanoe of Zone No. 21 and Tentative Parcel MaD No. 27314 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 ResidentialL Linfield Christian School. Vice Chairman Blair stepped down due to a conflict of interest based on the close proximity of her personal residence with the proposed project. Commissioner Chiniaeff suggested continuing this item until all Commission members are present. Commissioner Hoagland opened the public hearing at 6:50 P.M. Roger D. Prend, 3788 McCray Street, Riverside, representing the applicant, agreed to continue the item for one month. Carmine A. Latrecchia, 31533 Corte Pacheco, Temecula, expressed concern that the access road, exits and enters off of Rancho Vista Road, which carries a high volume of traffic traveling at high rates of speed. Mr. Latrecchia asked for consideration with regards to the lighting of the sports fields, which will have a significant impact on his personal residence. Additionally, Mr. Latrecchia asked that the project provide adequate parking for special events. It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to continue the public hearing on Development Agreement No. 92-1 (DA 92-1 ) Change of Zone No. 21 and Tentative Parcel Map No. 27314 to the meeting of April 5, 1993. The motion carried as follows: AYES: 2 COMMISSIONERS: Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Blair ABSENT: 2 COMMISSIONERS: Ford, Fahey PLANNING DIRECTOR REPORT None PCMIN03/01/93 3/10/93 PLANNING COMMISSION MINUTES PLANNING.COMMISSION REPORT None MARCH 1.1993 OTHER BUSINESS None " ADJOURNMENT Vice Chairman Blair declared the meeting adjourned at 7:00 P.M. The next regular meeting of the City of Temecula Planning Commission will be Monday, April 5, 1993, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. Chairman Linda Fahey Secretary PCMIN03/01193 -5- 3110/93 ATTACHMENT NO. 5 MEMORANDUM TO PLANNING COMMISSION, MARCH 1, 1993 R:~S%STAFFRPT~27314,PC2 3r3~/93 tja /Vlk'MORANDUM TO: FROM: · pREpAI~I:rI'~ BY: DATE: SUBJECT: Planning Commission Gary Thornhill, Director of Planning Saled Naaseh, Associate Planner March 1, 1993 PA92-0001, Change of Zone No. 21, Tentative Parcel Map No. 27314, . Amendment No. 3 - Linfield School Staff recommends the following amendment to the Development Agreement: Page 6, Section 4.b. (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 mending the land use designation to Low Medium Density Residential or Public Institutional, and amending the zoning to Single Family Residcntial 01 1) Public Institutional. Page 15, Section 19.f (f) Upon a fmding 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 Public Institutional or Lcw Medium Density Residential and amend the zoning to Single Family Residential (R I) Public Institutional; Owner .further agrees to such amendments. Furthermore, staff recommends the following amendments to the Conditions of Approval: Replace the word "Traffic" with "Civil" in Condition No(s) 35, 40, 63, 71 and 73. Replace the word "grade" with "grading" in Condition No. 52. Condition No. 44 shall read as follows: Plans for a traffic signal shall be recommended by a registered Traffic Engineer and shall be signed by a registered Civil 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\STAFFRFrHPA92.1VtEM 3/1193 ATTACHMENT NO. 6 PLANNING COMMISSION STAFF REPORT, MARCH 1, 1993 R:%S\STAFFRPT~27314.PC2 3/31/93 tie 29 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 t~he 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 ::: : Proposed Solution to Description of the Issue: ::: Resolve=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 Augu~ 17, 1992 Staff Report, Attachment No. 6). Senior Center size and dollar amount to be spend needs to be specified. Text has been modified to include up to 20 dwelling 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. Te~t 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. 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 inclu~le 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 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 Planning 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 proposed 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 te 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 plans, 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 if Course P'-dium Age Restrictions Access/. Traffic Relocation of Structures and Features 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 private golf course and it 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 goff 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. The golf course is intended to be private and be used by residents of the project (refer to Page No. 13 Section 16, 1 .b. 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 goff 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 complation 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 concem. 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 to7 The lake is being split by a parcel line. What is going to happen to it? 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 ftlrther 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). Issue Grading 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? A conceptual grading plan has been prepared and included in the packet for Planning Commlasion'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 for 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. R:%S~TAFFlm, PT%J7314.PC 2/24/93 klb 4 ANALYSIS Conceptual Site Plan and Desion 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 forthe 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. Proiect 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 supportave 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 fdr 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 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 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 wi~h 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. e 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. m 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. R:XS\~I'A~14.!W~ 2j24/93 klb 6 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 p~operty. 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 1.. There is a reasohable 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 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 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 acceptabl'e access to dedicated rights-of-way which are open to, and useable by, vehicular traffic. The project draws access f.rom Pauba Roadand 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 Exhibits - 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.PC 2/24193 LIb 9 PC RESOLUTION NO. 95- A RESOLUTION OF ~ PLANNING COMMISSION OF ~ CITY OF TEMECULA RECO1VIMENDING APPROVAL OF DEVEI~)PMENT AGREEMENT NO. 92-1, CHANGE OF ZONE NO. 21 TO CHANGE ~ ZONING FROM R-R TO R-3, AND TENTATIVE PARCEL MAP NO. 27314, A1VIF_2qDM'I~-NT NO. 3 TO SUBDIVIDE ~ 96.9 ACRE PARCEL INTO FOUR (4) PARCELS AND A REMAINDER PARCEL SUBJECT TO ~ CITY COUNCIL ACTION ON CItANGING ~ LAND USE DESIGNATION OF PARCRL NO. 2 OF TENTATIVE PARCEL MAP NO. 27314, AMENDM'RNT NO. 3 FROM PUBLIC INSTITUTIONAL TO HIGH-DENSITY RESIDENTIAL LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO VISTA ROAD AND EAST OF ~ TEMECULA VAI.I.RY HIGH SCHOOL. Wi~.REAS, The Lin~eld School 'ffled 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; W]tEREAS, said applications were processed in the time and manner prescribed by State and local law; WHEREAS, 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; WltEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said applications; NOW, TmZ~RRFORE, TBW PLANNING COMMISSION OF THF. CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Finndines. That the Temecula 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 incoq~oration. 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 phnnln~ agency finds, 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 reasOnahle time. b. There is little or no probability of substantial detriment to or inte~erence 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 law 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 said applications makes the following f'mdings, 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 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 substavtial 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. 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:x~I~STAFFRFl'X27314.PC 2/24/93 klb II 6. 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. 7. The City may, pursuant to and in accordance with its rules, regulations, and ordinances, conduct an environmental review of subsequent discretionary enti~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) 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. 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 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 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 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 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 wffi be completed in a reasonable time and in accordance with State law. The project, as condifioned, 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\STAFFRF~27314.PC 2124/93 kFo 12 3. The proposed use or action as condi~oned compiles with State planning and zoning laws. Reference local Ordinances No. 348, ~30; and California Governmental Code Sj~tions 65.0Q0-66009 (Planning and Zoning Law). health or weffar~. The project as designed and conditioned will not adveEely affect the public 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 ha ~ acceptable access to dedicated fights-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 fights-of-way. Project access, as designed and conditioned, conforms with applicable City Engineering standards and ordinances. 7. The project as designed and condifioned will not adversely 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 heroin incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Appwval. F. As condifioned pursuant to Section 3, the Parcel Map proposed is compatible with the health, safety and welfare of the community. Section 2. Environmental Compliance. An Initial Study prepared for this' pwject indicates that the proposed project will not have a significant impact on the environment with 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 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 Tomecub Valley High Schoo! subject to City Council appwvai of a High-Density Residential designation for Parcel Map No. 27314, Amendment No. 3 and subject to the following conditions: A. Attachment No. 3, attached hereto. PASSED, APPROVED AND ADOPTED this 1st day of March, 1993. LINDA FAHEY CHAIRMAN R:XSXSTAFFRFIX27aI4.PC ~/24/93 kib 13 I [tk'~!~.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 Co~nmlssion: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: GARY THORNI-m' SECRETARY R:XSXSTAFFRPT~27314.1~C 2/24/93/LIb ATTACHMENT NO. 2 CONDITIONS OF APPROVAL R:~S~STAFFRPT~7314.PC 2/24/~3 klb 15 :CITY OF TEMECULA PLANNING DEPARTMENT 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: WITHIN FORTY-EIGHT {48) HOURS OF THE APPROVAL OF THIS PROJECT 1. 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 administrative 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 empl. oyees 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. 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 unvegdtated 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 limiteel 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 project 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. ~ 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 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 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. 12. PRIOR 13. 14. 15. 16. 17. 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/srchaeological 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 authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. The following Shall be submitted to and appr0ved 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\STAFFRP~T/314.PC 2/24/93 Idb 18 (4) (a) (b) (c) (d) (e) (f) (g) (h) The golf course. Typical slope conditions. Private common areas including all improvements. Shrub planting to completely screen perimeter Walls adjacent to a public right-of-way equal to sixty-six (66) feet or larger. Packways. '. ' All other interior landscaping. Screening the residences on Parcel No. 2 from the stadium with a combination of different species of fast growing and tall trees. 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. 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 shall 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\STAF*~RFT~7314,1~ 2/24/93 (1) 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 ,Biological 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 mai'ntaining 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 Conditions 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, 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 be 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 tc~ 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. 32. 33. PRIOR 34. '35. 36.' 37. 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. 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. TO ISSUANCE OF GRADING PERMITS A copy Of the grading and mprovement 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. The final grading plan shall be prepared by a registered Traffic Engineer and shall be reviewed and approved by the Department of Public Works. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. The developer must 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. 38. The developer shall receive written clearance from the following agencies: 39. 40. 41. 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 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. An erosion control plan shall be prepared by a registered Traffic Engineer and submitted to the Department of Public Works for review and approval. 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~STA~314.PC 2/24/93 klb 22 42. 43. 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 perrhits. 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 adjacer~t properties as directed by the Department of Public Works at no oost 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 indivi~lual 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:~S~STAFFRPT~2?314.1~C 212~193 k3'o 23 50. 51. 52. 53. 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. 'Proposed and existing water mains shell 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 streets 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 reservoir on 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:\SXSTAFFRFI~27:JI4.P~ 2/24l~3 klb 24 54. PRIOR 55. 56. 57. 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)~hall include an updated traffic study. This study may include, and the Department of Public Works may condition, additional mitigation measures as warranted. TO THE ISSUANCE OF ENCROACHMENT PERMITS All necessary grading permit requirements shall have been completed and approved. 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. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: A, Flow line grades shall be 0,5% minimum over P,C,C, and 1,00% minimum over A,C, paving. B. Driveways shall conform to the applicable City of Temecula Standard Nos, 207/207A and 401 (curb and sidewalk), C. Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance N0, 461 and shall be shown on the improvement plans as directed by the Department. of Public Works, D. Concrete sidewalks shall be constructed along public street frontages in accordance with City Standard Nos. 400 and 401. E. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. F. Minimum centerline radii shall be in accordance with City Standard No. 113 or as otherwise approved by the Department of Public Works. G. All reverse curves shall include a 100-foot minimum tangent section or as otherwise approved by the Department of Public Works. H. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. I. 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. J. All concentrated drainage directed towards the public street shall be conveyed through under-sidewalk drains. R:~S~STAFF~:~I4.~:: 2/24/~3 kJb 25 58. 59. 60. 61, 62. 63. · PRIOR 64. 65. The minimum centerline grade for streets shall b~ 0.50 percent or as otherwise approved by the Department of Public Works. Impro~)ement 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 'IV 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: A. 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 Rood Control and Water Conservation District City of Temecula Fire Bureau Planning Department Department of Public Works 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-ff/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, enter 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. 73. 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 Department of Public Works. A Transportation Demand Management program will be required. by the 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 an 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. 85. The developer shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. 86. A decl~iration 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. 'fhe 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 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, on-site slopes and landsCal~ing 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.]~C 2/24/~3 LIb 29 88. 89. PRIOR 90. 91. 92, 93. 94. 95. 96. 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 conforfnance with the approved rough grading plan. 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 92.00 per square foot, not to exceed 910,000. 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 Agreement, 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. TO ISSUANCE OF CERTIFICATES OF OCCUPANCY 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. All signing and striping shall be installed per the approved signing and striping plan. 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.) All school zone signing and striping shall be installed per the approved school zone signing and striping plan. The developer shall provide "STOP" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 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. 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\STAFF~314.PC 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. 100. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated May 7, 1'992, 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. CITY OF TEMECULA 45174 Business Park Drive Temecula, CA 92590 ATTN: Saied Naaseh: RE: TENTATIVE TRACT MAP NO. 27314: BEING A PORTION OF THE RANCH(] TEMECULA, AS GRANTED BY U.S. GOVERNMENT TO LUIS VIGNES BY PATENT DATED 1--18--1960, AS SHOWN BY LIBER 1, PAGE 57, RECORDS OF SAN DIEGO COUNTY, AN PARCELS 1,2,&3 OF PARCELl MAP 83/97-100 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 Hater system shall be installed according to plans and specifications as approved by the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet, along with the original drawing to the Coutnty Surveyor. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint speci{ications, and the si=e of the main at the junction'of the new system ~he e×isting system. The plans shallcomply in all respects with Div. 5~ Part 1~ Chapter 7 of the California Health and Safety Code~ California Administrative Code, Title Chapter 16, and General Order No. 105 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and Hater company with the following certi+icatian: "I certify that the design o{ the water system in Tract Map 27514 is in accordance wi~h the water system e~pansion plane of the Rancho California Water District and that the Hater services, storage, and distribution system will be adequate ~o provide water service to such Tract Map," City of Temecula Page Two Attn: Saied Naaseh JUly 1, 1992 This certification does not constitute a guarantee that it will supply water to such Tract Mapat any specific duantities, 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 request for the recordation of the final maD. 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 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 speci.fications 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 adeduate 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 01arts must be submitted to the County Survevor's Office to reviewatleast two weeks prior.to the reOuest for the recordation of the final m~O. It will be necessary for financial arrangements to be completely finaliZed 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. Sincetel y, Department of IV Environmental Health SM:dr RIVERSIDE COUNTY FIRE DEPARTMENT 210 WEST SAN JACINTO AV.SNLqS * PSRRIS, CALIFORNIA 923"~ C/14) 657-3183 GLSN J. NEWMAN FIRIS CHISF MAY 4, 19e2 TO; CITY OF TEMECULA ATTEN: PLANNING DEPARTMENT RE: TENTATIVE TRACT 27514 CHANGE OF ZONE NO. 21 AMENDED NO. ~ With resoect to the review and/or approval of the above refer- enced proaect, the Fire DeOartment 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 Ouestions regarding the meaning of conditions shall be re- ferred to the Planning and Engineering Staff. RAYMOND H. REGIS Chief Fire Department Planner by ~'/j> Michael E. Grav~ Fire Captain Specialist PLANNING DMSION Xarch lZ, 1992 .-.~ 13 1992 (Date) Riverside County Health Department c/o Albert A. Webb Associates 3788 NcCray Street Riverside, CA 925D6 Gentlemen: Re: Availability of Sanitary Sewer Service for Tentative Parcel Map 27314 We hereby advise you relative to the availability of santtary sewer for t.he above referenced proposed development as follows: The property to be occupied by the subject proposed development: service IS PRESENTLY LOCILED within the boundary lines of this District's Improvement District No. U-8 and is eligible to receive sanitary sewer Service, Z,,_/ NUST BE ANNEXED to this Dlstrict"s Improvement District No. following wnic~ it will be eligible to receive sanitary service, provided: z) z) leJ~ BE INCLUDED in a new District improvement district, assess- ment district or other program to be formed and implemented for the purpose of providing santtary 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 comments 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 which ARE BEYOND this DISll~ICT'S CONTROL or CANNOT BE COST EFFELlIVELY and/or reasonably satisfied bY'~"'{F~'Distric~, which conditions may include but are not limited to, acts of God, REGULATORY AGENCY REOUIPJg~ENTS or decisions, or legal actions initiated by others; regarding the foregoing, do not hesitate Very truly your. , Assistant Director of Customer Service Mail %: Pl>sr Office Rt x R~.00 · San jacinm. C.,llfornla 9258i-8.~()0 · Telephone t714~ ~25-7676 , Fu ~71.h 929-0257 biain t)ffit~: 20. 5 5. S; n adnm Sc~. ~n.] tLinn~ · C~st,mer ~n'itt 'Enginering Anne=: H0 E Oakland Avenue. Hc~t. G~ FOR DISTRICT USE ONL ~)~"" 1. Names and Addresses of Involved Parties: Involvement Name Owner of Property Unfield School Developer Address 31950 Pauba Road Temecula, CA 92590 Developer's Engineer Albert A. Webb Assoc, 3788 NcCrav Str~t Riverside. CA q?~O6 General Location of the involved property: North side of Pauba Road. WPqt of N,t~p, Brief legal description of the involved property: Tentative ~arcjl MaD 77314 4. Number of proposed lots/parcels 4 Parcels 5. Estimated number of dwelling units Cor equivalent) 6. Other pertinent information Zoned Senior Citizen. Convalescent 7. Small scale map of the subject proposed development A~ea 96.7 (in acres) ancho May 7, 1992 Mr. Saied Naaseh City of Temecula Planning Department 43180 Business Park Drive Temecula, CA 92390 Water Availab~ity 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 CRCWD). 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 fights, 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:aj162/F186 cc: Senga Doheny, Engineering Technician MA~ n 6 ~992 I 7'A RIVERSIDE TRANSIT AGENCY 18~5 ~rlIRD STR~ · RIVERSIDE. CA 9~507-3484 · BUS. {714) 684-0850 FAX {714) 684-1007 March 2, 1992 Saied Naaseh City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 RE: '1'I' 27314 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 for Mum growth, we are requesting that a bus turnout or a pad for a bus stop be incorporated into the general design. Ideal site forthe bus turnout would be on northside comer of Pauba Road adjacent to Pamel 3 just before main emrance to the senior citizen housing. If possible, we would also like to request that bedestdan walkways and wheelchair curb be provided near the turnout location specified above. I can indicate the exact location for the turnout as the pmjact 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 he completed. Should you require additional information or specifications, please don't hesitate to contact me. Sincerely, Barbara A. Bray Transit Planner BB/jsc PDEV #151 TO: FROM: SA3m-r~ NAASER SHAWN NELSON ~ DIRECTOR OF COMMUNITY SERVICES DAI'~:: AUGUST 12, 1992 REFERENCE: TENTATIVE TRACT NO. 27314, ANIENDM~-NT NO.2 The Temecuh Community Services Dislxict CrCSD) staff has reviewed the conditions as set forth in the City of Temecula 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 COMMUNITY SERVICES DISTRICT Prior to the recordation of the final map, the appllcant 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 proposed TCSD maintenance areas. Exterior slopes (as defined as: those slopes contiguous to public sweets 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 CITY OF TEMECULA CASE NO.: Development Agreement No. 92-01 Change of Zone No. 21 Tentative Parcel Map No. 27314, Amendment No. 3 ~XHIBIT: A ' C. DATE: March 1, 1993 SITE PLAN R:\S\STAI~FRFrX27314.PC 2/24/~3 klb CITY OF TEMECULA CASE NO.: Development Agreement No. 92-01 Change of Zone No. 21 Tentative Parcd Map No. 27314, Amendment No. 3 ~:XmBIT: B TENTATIVE PARCEL MAP P.C. DATE: March 1, 1993 ~,:~S\STAFFRPT~7314.PC 2/~/93 kJb ATTACHMENT NO, 4 INITIAL ENVIRONMENTAL STUDY CITY OF TEMECULA PLANNING DEPARTMENT i~rlIAL !~TVIRO~AL b-rLIDY H BACKGROUND Name of Proponent: Address and Phone Number of Proponent: Linfield C~ristian Schqol 31950 Pauba Road Temecula, CA 92592 3. Data 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 'b. 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 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 thebed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earffi quakes, landslides, mudslides, ground failure, or simi ar hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of lunbient air quality? b. The creation of objectionable odors? Alteration of air movement, moistere, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: Substantial changas in currents, or the course or direction of water movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage panems, 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? Y~ Maybe No X X X X X R:\S\STAFFRP'r~27314.1ES 2123193 klb 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 mount 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__o X X X X X R:\S%STAFFRPT~27314,1ES 2/23/93 klb lO. Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of nnimals (birds, land animn, ls including rep- tiles; fish and shellfish, benthic organisms or insets)? 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? b, 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? Y~ Maybe No 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? HOming. Will the proposal affect existing housing or create a demand for additional housing? Transporlalion/Cireulation. 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? 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. Schools? d. Parks or other recreational. facilities? Ye~ Maybe N._Q _ _ X X X R:\SXSTAFFRPT~27314.1ES 2/23/93 klb 16. 17. 18. Maintenance of public facilities, including roads? f. Other governmental services: Energy. W~l the proposal result in: Use of substantial amounts 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? Yes Maybe No __ __ X X __ __ X X __ __ X X X X X __ X R:\S\STAFFRPT~27314.1FS 2/23/93 kJb 19. 20. 21. Recreation. Will the proposal result in an impact upon the quality or quantity of existing reoreational 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 potential to achieve short-t~rm, 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.) Ye~ Maybe No X X 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 projea have environmental effects which will cause substan- tial adverse effects On human beings, either directly or indirectly? Yes Maybe No X R:\S\STAFFRPT~27314.1ES 2/23/93 klb HI DISCUSSION OF THE ENVIRONMENTAL EVALUATION l.b. I .c.d. l.f. 1.g. Aid 2.a. 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 entiflements 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. Yes. The approval of this project will not cause disruptions, displacements, compaction or overcovering of the soft. 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 nser'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 commercial and industrial uses, Since this project is exclusively reSidential in nature 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 Water 3.b. 3.d. 3.e. 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 flesh waters. No significant impacts are anticipated. Y~s. By covering the project site with concrete, asphalt and landscaping, the absorption rate of the site under existing conditions would be reduced and the amount of surface runoff would be increased. The existing 120 inch sWrm drain is sufficient to carry this runoff; therefore, no significant impacts ave 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 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. Swrmwater 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 moWr 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 Muftieta 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. Ranchq 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\STAFFRPT~27314..IES 2/23193 klb 4.b.c. Animal Life 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 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 wedands 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 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 ofthe 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.IES 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. Yes. This project inc!udes a zone change from R-R to R-3. The R-R zoning designation permits low density single family development with minimum .$ 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 natore of senior housing. Natural Resources 9.a.b. No. Implementation of the proposed project would increase the raw 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 natural 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 pesticides used for maintenance of the landscaping are not expected to create significant impacts. lO.b. No. The proposed project will be reviewed by the Fire Department at the Plot Plan stage; therefore, all response time and emergency vehicle t~rnarounds will.be examined at that stage. No significant impacts are anticipated. 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 into the city, relocation of Temecula residents in the area or a combination of the two. This impact is not expected to be significant. 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\STAFFRPT~27314.1ES 2/23193 Idb 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 inW the project. These mitigafton measures include improv'mg Pauba Road and Rancho Vista Road border'rag the projea to theft 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 to turn left into the project entrances. The project will be required to participate in the future construction of off-site capital improvements through establ ished 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 paRems of circulation or movement of people and/or goods since the major rnads 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 waterb0rne, 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. Prnject-related traffic could cream 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 pedesUians. 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, llardscaping 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 idanti& and enhance pedestrian walks. R:%S\STAFFRPTX27314.1ES 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. No. Mitigation fee of $400.00 dollars fur each unit will be collected to mitigate the impacts of this development on Fire Service, The Fire Deparunent 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 fur thin'y-one sworn officers and seven non-sworn officers. Additional services are provided to the City through various divisions within the Sheriffs Depafhaent. 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 cpurse 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 W 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 mounts of fuel or energy which are commercially abundant. No significant impacts are anticipated. R:\S\STAFFRPT~27314.1ES 2123/93 klb Utilities 16.a.b.c. d.e.L ' No. All the utilities and services are within close proximity to the project site and will be extended to the projea site with agreements between the developer and the individual agencies. No significant impacts are anticipated. Human Health 17.aZb. 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 attention 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\27314.1ES 2/23/93 klb ENVIRONMENTAL DETERMINATION On the basis 6f 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 ~e proposed project could have a signi- ticant effect on ~e 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. X February 2. 1993 Date For CITY OF TEMECULA R:\S\STAFFRPT~27314JES 2/24/93 klb ATTACHMENT NO. 5 DEVELOPMENT AGREEMENT R:\S\STAFFRPT~7314.pC 2/24/93 klb 34 RECORDED AT THE REQUEST OF City Clerk City of Temecula WHEN RECORDED RETUR/~ TO City Clerk City of Temecula 43174 Business Park Drive Temecula, CA 92590 DEVELOPMENT AGPaEM~NT' BETWEEN CITY OF TEMICU~jA THE LINFIELD SCHOOL DEVELOPMENT AGREEMENT BETWEEN CITY OF 'rg~Euu~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 my approve development projects without being subject to the requirement that its decisions be consistent with the R:\S~STAFFRFI~LINFIELD.DA 2/23/~3 k~ -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 Co~nunity 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 envirorunental 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 ofeuch review, may impose additional measures (or conditions) to mitigate as permitted by law the R:~S~,STAFFRPT~LINFIELD.DA 2123193 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 payable to the County Clerk in the amount Of 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\STAFFRPTU,~tF~,LD.DA 2/23/93 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, 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) 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:XS~STAFFRFI'U3NFIBLD.DA 2123193 klb = 5- Exhibit De s ignat ion Description A - Legal Description of the K Property Referred to in Paragraph 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 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. R:~S%STAFFRPT~lqBLD.DA 2/~3/93 klb -6- 5. Assiqnment. 5.1 Right tO Assign. The Owner shall have the right to.sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et sea., or Riverside County Ordinance No. 460, as the sanme 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, 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 Transferring' Owner. Notwithstanding any sale, transfer, or assignment, a transferring Owner shall continue to be obligated under this Agreement unless such transferring Owner is given a release in writing by 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~STAFFRFTU/NFHH, D.DA 2~23/93 k/b - 7- 5.3 Subsec~/ent 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 termsand 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 givento 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 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. 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 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, iris 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\STAFFRFI'XLINFIBLD.DA 2/23193 klb - 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 causedby 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 Concerninu Aqreement. 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 ConCerninq 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\STAFFRFT~LZ~F~_LD.DA 2/23/93 LIb - 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 5alanced by couxnensurate 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\STA]FrFRIq~LIN]:IF_LD.DA 2/23t93 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 w~ich 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 Agencies. 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 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 immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this R:\S~STA~INFIBLD.DA 2/~3/93 klb - 12 - Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 16. Development of the Property. 16.1 Protect. 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 Co~unity 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 Chanqes 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 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, R:XS~STAFFRF~LBqF~,D.DA 2/.73/93 klb - 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 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 reviewby 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 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\STAFFRJq~L~WIqBi~.DA 2f23/93 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-i); 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. Damaqes 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. 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 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~STAFFRFI~LINF]ELD.DA 2123193 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 tothe other party and thereafter notices shall beaddressed and ~ransmitted 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 W'HEREOF this Agreement has been executed by the parties on the day and year first above written. "CITY" Attest: By :' MAYOR City Clerk R:\S\STAFFRPTU~Z~F~D.DA ~/23/9'J k~ - 16 - Approved as to form: City Attorney By: Name: Title: By: Name: Title: Notary [ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. EXECUTION ON BEHALF OF ANY CORPOP~ATION SHALL BE BY TWO CORPORATE OFFICERS.] R:~S~STAFFRFF~INFIELD.DA 2/23/~3 klb - 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\STA~rFIF/.D.DA 2/23/93 k~b - 18 - EXHIBIT EXISTING DEqFELOPMENTAPPROVALS Tentative Parcel Map No. 27314 Change of Zone No. 21 R:\S\STAI~FRPT~INFIBLD.DA 2/23/93 k/b = 19 - EXHIBIT DEVELOPMI~'T SCHEDULE Within five (S) 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 obtainin9 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\STAFFR.PT~LINFIELD.DA 2/23/93 k/b = 2 0 - EXHIBIT ~D~ PUBLIC FACILITY FEE AGREI~IENT R:\S\STAFFILuT%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" ) . "Property" ) RECITALS Developer is the owner of real property (the in the City of Temecula described as follows: Exhibit A, reference B. pursuant to attached hereto and incorporated herein by Developerproposes'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 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 kno~rn 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 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 ~he 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 ~he 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 Pee is established after ~he 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 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, %raffic flow, trip generation factors and such other is reasonably necessary to establish the Public information as Facility Fee. 4. Security for Public Faci!itv 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 e~ecution 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 fo~ 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 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 ~he 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 t,hat if legal action by ~he 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 de=el-mined 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. Bindin~ A~reement: · 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'al~prior oral or written agreements or representations. A waiver of any term or condition of ~his Agreement by either party shall not be deemed a continuing Waiver thereof. to file a this Agreement, entitled to its attorneys' fees. 10. Notice: Notice shall 9. Attorneys' Fees: · Should either party determine that it is necessary legal action to enforce or interpret the provisions of the prevailing party in that litigation shall be reasonable costs, including but not limited to be deemed given under this Agreement first- when in writing and deposited in the United States mail, class, postage prepaid, CITY: 'City of Temecula 43174 Business park Drive Temecula, CA 92590 Attn: City Clerk addressed as follows: DEVELOPER: 11. invalid, Agreement as Developer, 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 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 ~E~ FEE CPaDITS 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 DECLAEATION 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 Buildinq 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\STAFFRPT~LINFI~LD.DA ~/23193 kJb - 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 be entitled to its reasonable attorneys fees and costs in addition to any other award entered by the Court. 5. Severability. Invalidatton 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. DECLARA/~T: Signature Name: Address: R:~S\STAFFRPT',LINFIBLD,DA ~3/23/93 frJb - 24 - -25- ATFACHMENT NO. 6 PLANNING COMMISSION MINUTES AUGUST 17, 1992 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MONDAY, AUGUST 17, 1992 A regular meeting of the City of Temecula Planning Commission was called to order Monday, August 17, 1992, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California, Chairman John E. Hoagland presiding. PRESENT: ' 5 COMMISSIONERS: Blair, Chiniaeff, Fahey, Ford, Hoagland ABSENT: 0 COMMISSIONERS: None Also present were Assistant City Attorney John Cavanaugh, Planning Director Gary Thornhill, Senior Planner Debbie Ubnoske and Minute Clerk Gall Zigler. PUBLIC COMMENT None COMMISSION BUSINESS 1. APPROVAL OF AGENDA Chairman Hoagland requested Item No. 6 be taken as the first item of business after approval of the agenda. It was moved by Commissioner Blair, seconded by Commissioner Fahey to approve the agenda with Item No. 6 as the next order of business. The motion was unanimously carried. NON-PUBLIC HEARING ITEM Planninq Commission Chairman and Vice Chairman Election Commissioner Ford nominated Dennis Chiniaeff as Chairman. Commissioner Blair nominated Linda Fahey as Chairman. Commissioner Chiniaeff withdrew his name from .nomination and Commissioner Fahey's nomination as Chairman was unanimously approved as follows: PCMINB/17/92 PLANNING COMMISSION MINUTES ABSTAIN: 2 COMMISSIONERS: PUBLIC HEA~tlNG Chiniaeff, Ford AUGUST 17,1992 Variance NO. 12 Proposal to erect two freestanding signs-one six foot high sign adjacent to Jefferson Avenue and one. twenty-five foot high sign adjacent to InterState 15 with copy for the Hungry Hunter and Jan Weilert 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 Change of Zone No. 5724 Prol~osal 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 Agreement No. 92-1 (DA 92-1 ). Change of Zone No. 21 and Tentative PCMIN8/1 ?/92 -3*, 9/9/92 ~PLANNING COMMISSION MINUTES Parcel MaD No. 27314, Amendment No. 2 AUGUST 17,1992 Prol~osal 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. PCMIN8/17/92 -4- 919/92 ~NG COMMISSION MINUTES Commissioner Ford expressed the following c~ncerns: * Is there adequate parking for a public golf course? AUGUST 17, 1992 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 proj.ect 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 pLANNING COMMISSION 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 beenprovided 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 public right-of-way and -6- 9/9/92 PCMINe/17/92 ATTACHMENT NO. 7 PLANNING COMMISSION STAFF REPORT AUGUST 17, 1992 R:~S\STAFF~314.PC 2/24/~ k~ Case No.: RECOMMI~,NDATION: STAFF REPORT - PLANNING u'rx' OF TEMECULA PLANNING COMMISSION AuguSt 1~, 1992 Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 Prepared By: Saied Naaseh RECOMMEND Adoption of Negative Declaration for D~velopm~nt ASn~ment 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. 92-1, Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 2 based on the Analysis and Findings contained in the Staff ReiDon and subject to the attached Conditions of AppWval. APPLICATION INFORMATION APPLICANT: Linfield Christian School Albert A. Webb Associates PROPOSAL: A request for approval of Development Agreement No. 92-1 (refer w Attachment No. 6) to ensure the development of the site as a multi-family senior complex, congregate care, personal care and skilled nursing facilities, a nine-hole golf course and the dedication of a senior center to the City of Temecuh (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) parcels and a Remainder Parcel (refer to Exhibit "E"). LOCA~ON: East of Temecuh Valley High School, south of Rancho Vista Road and north of Pauba Road S~aTAFFRPT~7314TI~i. PC vlw EXISTING ZONING: R-R (Rural Residential) SURROUNDING ZONING." North: South: East: West: Specific pI.n (SP 199, Ma_,Tarita Vnhge) Specific Plan (SP 219, Paloma Del SoD Rural Resid~nthtl (R-R) Rural Rusidtmdal (R-R) PROPOSED ZONING: R-3 (General Residential) EXISTING LAND USE: Linfield School Site SURROUNDING LAND USES: North: South: West: Single Family Dwellings Vacant (Paloma del Sol) Single Family Dwellings Temecula 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/Skilled Nursing, Personal Care Remainder Parcel/Linfleld 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 DESCRIPTION This project consists of a Development Agreement, a Zone Change and a Parcel Map. The following re'presents a summary of the individual applications: Development Agreement 92-1 The purpose of this Development Agreement (D.A.) is to ensure the future 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 fac'~ities, a nine (9) hole private golf course and the construction and dedication of a senior center on Parcel 1. A deed 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 Cy~nentl Plan Land Use designations from R-3 and High Density to R-1 and Low Medium Density or Public Institutional ff the developer does not begin substantial construction of the multi*family senior complex and the congregat'- care p~rsona , or the .~ldlled nursing facilities within five years. The total life of the D,A. is ~or fff~ears to allow th~ build out of the project. The development of the site will comply with all the requirements of Ordinance No. 348, however, if new standards are adopted by the City by the lime the applicant applies for further entiflements, new standaffis will 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 ~mainder parcel retains the R-R zoning designation. Tentative Pared Map No. 27314. Amendment No, 2 This parcel map will allow the parceliTation of a 97.9 acre parcel which includes the Linfield School site which wffi be designated as a Remainder Parcel. Parcel No. I wffi be constructed as a senior center and will be dedicated to the City for operation and maintenance. Parcel No. 2 will be developed as a multi-family senior complex with an integrated nine (9) hole golf course. Pamel 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 provided by two 30 foot wide driveways, access to Parcel 2 is provided by two 30 foot wide driveways, one on Pauba Road and one on Ranthe 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 will be served by the existing driveway. Several structures including the schonl's gymnasium,. three storage structures and a residence and a baseball field exist.on the site and v~ill be removed to allow the construction of the project. These facilities have been incorporated into the proposed master plan for the Liafield 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 qualifies as wetland habitat as idenlitied 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 W insure the development of the site as a senior housing complex as opposed to high density apartments was to record an D.A. As a resuR, the zone chnnge is tied to the developer's performance on the construction of the pmjea as .specified in tl~ Development Agreement. The D.A. requires the developer to comply with a Development Schedule, (refer W Exhibit "C" of AtXachment No. 6). The following represents the developer's responsibilities under thin agreement. Within five (5) years of file effective date of thin Development A~wement, Owner shall have SubStantially begun construction of each of file following uses: ' a. Twenty (20) dwelling units of file 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 W the next Occupancy Permit issuance wjthln this complex, owner shall have constructed and obtained a Certificate of Occupancy for file Senior Citizen Center,. and shall have completed the goff 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 Facffity, and the Personal Care Facility. 4. Within the mrm of this Development Agreement, Owner shall have obtained Certificates of Occupancy for all buildings identified in the subsequent development approvals. 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 l-and Use designation from R-3 and High Density Residential to R-I and Low Medium Density Residential or Public Institutional. In order to satisfy the Quimby Act requirements which are usuMly collected prior to the recordation of the Final Map, file applicant will receive a fifty (50) percent crexlit Wwards the construction of the private golf course. The-conceptual site plan for file pwjea (refer to Exhibit "D") shows no public parking spaces for this facility, therefore, it will be used exclusi~;ely by the residents of the complex. The remaining fifty (50) percent of the Quimby requirements is satisfied by the construction and dedication of the Senior Center site which will actually exceed the Quimby Act requirements. Both of these facffifies wffi be built 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. Technically, the developer could have 20 appwved foundations for the multi-family senior complex and have received the approval for the foundation of either the congregate care, the .~idt|ed nuning or the personal care facilities, or have built these thr~ facilities, and not be requir~l to build the senior center or the golf 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 enti~ements necessary to build the senior housing complex as identified in the D.A. Moreover, tkis 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 Exkibit "E" of Attachment 6). If the developer fails to satisfy any component of this Development Schedule, the Zoning and the General Phn designations will ~vert back from R-3 and High Density Residential to R- 1 and Low Medium Density Residential or Public Institutional. Tentative Parcel Map No. 27314. Amendment No. 2 The proposed map will subdivide the 98.9 acre parcel into four (4) parcels and a Remainder Parcel. The Senior Center site is located on Parcel No. 1. Due to the existing topography, the whole site will probably have to be mass graded in order for this parcel to be developed. Otherwise; the parcel by itseft will be difficult to grade and .build on. Since the D.A. requires the developer to construct and dedicate the site to the City prior to release of the fn-st occupancy permit for the multi-family complex, Staff does not foresee a potential problem with the topography. Compatibility with the Surrounding Us~ 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 Temecula 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 project. 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 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 D.A. The City of Temecula is supportive Of this change of zone since it will result in a desirable senior housing project consistent with the surrounding land uses. The first draft of the preferred land use map shows the project site as Public Institutional since it is now one parcel which contains the Linfield School. If this projea is appwved as pwposed, the Preferred Land Use Map wil/be amended w show High Density Residential. The SWAP designation for the pwject site is residential, mlnlmulll one acre lot size. The City of Temecuh is supportive of the approval of this project since it will result in a desirable senior housing project consistent with the surwuveling land usel. ENVIRON/VIENTAL DETERMINATION . An Initial Study was prepared for this project and with the adoption of mitigation measures which have been included in the Conditions of Appwval, all the anticipated impacts have been reduced W a level of insignificance. Therefore, a Negative Declaration has been prepared and recommended for adoption. The following summarizes 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 Temecula VaLley High School stadium noise and lights MITIGATION : :: CONDITION NU1VIBER Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas A mitigation measur~ that is acceptable to the Army Corps of Engineers, Fish and Game and Fish and Wildlife 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 setbacks 63 33 35 IMPACT Traffic .impact of the project bn the public sleet system with 1,610 daily vehicle trips including 130 peak hour trips and the operation of a major intersection at level of service C or better Internal circulation impacts to cars and pedestrians Impacts to Fire Services Impacts to Library Services '~M1TIGATION Improvements shall be completed to half- width right-of-way width of R~ncho Vis~ Road and hinted merlin6' shall be required with left turn pockets 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 * A pedestrian friendly circulation system shall 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 shall be assessed against the project :CONDITION NUMBER 44&79 36 & 37 38 21 $X~TAFFRFrXZBI4TTM.PC v~ 7 IMPACT ~ ~ ~M1TIGATION : ::~ .:. Aesthetics Impact ~o the surrounding uses At the Plot Plan stage the architecture and the landscaping of the projec~ ShMI ~ into account the surrounding single fnmily units and schools and effectively buffer with . · landscaping or enhance the' necessary by the Planning CONDITION NUMBER 39 SUMMARY/CONCLUSIONS The senior citizen complex shall be constructed as specified in the Development Agreement. At the same time the D.A. prevents the construction of high density apanaients once the zoning is changed to R-3. The developer has five (5) years to start the constxuction of the pwject 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. Them is a reasonable probability that the D.A. will be consistent with the General Plan pwposal presently being considered, since the pwject will be compatible with surrounding uses and will carry out the policies intended for the General Plan. Therefore, there is a reasonable pwbability that the D.A. will be consistent with the future General Plan. There is tittle or no probability of substantial 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. The D.A. complies with all other applicable requirements of State Law and Local 0!rvl½n~nt2S. ¸5. Tile envinonmental 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 digretionary entitlements for the development of the property or any ChangeS, amendments, or modifications to the property. The City, as a result of such x~view, may impose additional measures (or conditions) to mitigate, as permit~l by law, the adverse environmental impacts of such development enti~ement which were not considered or mitigated at the time of approval of the D.A. Change of Zone No. 21 Them 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 masonable time and in accordance with State Law, due to the fact that the future development of the site will be controlled by a Development Ag,~ment which is consistent with City' s policies for the new General Plan. There is not a llkely 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 polici~ 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 will be consistent with the City's future General Plan, 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, sinc~ the future development of the site wffi 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 conditionedcomplles with State planning and zoning laws. Reference local OrdinnnCeS NO. 348, 460; and Californh Governmental Code Sections 65000-66009 (Planning and Zoning Law). The project as designed and conditioned will not adversely affect the public health or weftare sinc~ all impacts have been mitigated to a level of insignificance. The project is compatible with surrounding land uses since the proposal wffi not have a negative impact on the existing school sites to the east and west and the existing and proposed single-fnmily dw61Lings w the north and south. The project hn~ acceptable access to dedicated fights-of-way which are open W, 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 standaids and ordinances. The project as designed and conditioned wffi not adversely affect the built or natural environment as determined in the Environmental Analysis for thi~ pwject. Said Findings are supported by minutes, maps, exhibits and environmental documents associated' with this application and heroin incorporated by reference, due to the fact that they are referenced in the attached Staff Repon, Exhibits, Environmental Assessment, and Conditions of Approval. STAFF RECOMMENDATION: RECOMME~ 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 Appwval for Development Agreement 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 Report and subject to the attached Conditions of Approval. sx.vrAmyr~4rrK~c ~s~ 10 Attachments: 2. 3. 4. 6. 7. 8. 9. 10. 11. 12. 13. Resolutions - blue page 12 O/'dinances - blue page 18 Conditions of Approval -blue page 19 Exhibits - blue page 35 a. Vicinity Map b. SWAP Map C. Zoning Map d. Conceptual Site Plan e. Tentative Par. el Map No. 27314, Amendment No. 2 f. Change of Zone No. 21 g. Conc~tual Elevations Initial Environmental Study - blue page 36 Development Agreement - blue page 53 Sections 5.1 and 5.2 of Ordinance No. 348, Rural Residential Zoning Standards - blue page 54 Sections 8.1 and 8.2 of 0rdinnnce No. 348, General Residential Zoning Standards - blue page 55 Sections 18.5 and 18.6 of Ordinance No. 348, Standards for Planned Residential Developments & Planned Residential D~velopments-Senior Citizens - blue page 56 Sections 19.101, 19.102 and 19.103 of Ordinance No. 348, Congregate Care Facilities Standards - blue page 57 School District Letter - blue page 58 Arthur Anderson Study, Development Program Recommendations - blue page 59 Miscellaneous Correspondence - blue page 60 SXSTAFFRIrI'~7314'IuYI~I.PC vgw 11 ATTACHMENT NO. 1 RESOLU'I~ONS Sx,$TAFFRP'B27~I4~rM.PC vp 12 ATFA~ NO. 1 RESOLUTION NO. 92,- A RESOLUTION OF ~ PLANNING COMMISSION OF TRY-CITY OF TEMECUIA RF_~OMMENDING APPROVAL OF DEVELOEViRNT AGBRRMENT NO. 92-1, CHANGE OF ZONE NO. 21 TO CHANGE THE ZONING FROM R-R TO R-5, AND TENTATIVE~ PARCEL MAP NO. 27314, AMENDMRNT NO. 2 TO SUBDIVIDE A 96.9 ACRE PARCEL INTO FOUR (4) PARCE~-~ AND A P, IVIAINDER PARCEL LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANClIO VISTA ROAD AND EAST OF TFrE TEMECULA V~IJ.EY HIGH SCHOOL. WtFEREAS, The Lin~dd 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 Ordinances, which the City has adopted by reference; WHEREAS, said applications were processed in the time and manner prescribed by State and local law; WITEREAS, the Planning Commission considered said applications on August 17, 1992, at which time interested persons had an opponuhity to mstify either in support or opposition; WttEREAS, at the'conclusion of the Commission hearing, the Commission recommended approval of said applications; NOW, TRRREFORE, ~ PLANNING COMMISSION OF TIE CITY OF' TflVlECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. FindingS. That the Temecula Planning Commission hereby makes the following findings: 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 following requirements are met: 1. The city is proceeding in a timely fashion with the preparation of the general plan. s~r^rsarrms~4rm.~c ~ 13 2. The planning agency finds, in approving projects and taking other actions, including the issnancc 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 reaSOnahtc time, b. There is little 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 re~luirements of state law and local ordinances. B. The Riverside County Cveneml 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, t!~ City has adopted SWAP as its General Plan guidelines while the City is proccccling in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending approval of said applications makes the following froclings, to wit: Development Am'~ement 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 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 project is ultimately inconsistent with the plan, since this project 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 ind all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City approvals for the project. 6. No other mitigation measures for environmental impacts created by the project, as presently approved shall be rcquLred for development of the project unless mandated by laws. sxs'rAnnum:~4vn~.~c ~ 14 7. The City may, pursuant to and in ~ with its rules, regulations, and ordinnnces, conduct an environmental review of subsequent discretionary entiflements for the develgpment 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 pcrmiUed by law the adverse environmental impa~ts of such development enti~ement which were not considered or mitigated at the time of approval of the project. Change of Zone No. 21 1. Them is a rensonable probability that Change of Zone No. 21 will be consistent with the City's future General Plan, which will be completed in a x~msonable 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. 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 and conditions of approval to reduce the impacts to a level of insignificance. Tentative Parcel Map No. 27314. Amendment No. 2 1. There is a reasonable probability that Tentative Parcel Map No. 27314, Amendment No. 2 will be consistent with the City's future General Plan, 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, 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 lilanning and zoning hws. Reference local Ordinances No. 348,460; and California Governmental Code Sections 65000-66009 (Planning 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 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 acceptable access to dedicated rights-of-way which am open to, and useable by, vehicular traffic. The project draws access from Pauh Road and Rancho Vista Road, improved dedicated City rights-of-way. Project access, as designed and condidoned, conforms with applicable City Engineering standards and ordinances. 7. The project as designed and conditioned will not adversely affect the built · or natural environment as deterrnin~l 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 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 III, 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 project design, and a Negative Declaration, is hereby granted. Section 3. Conditions, That the City of Temecuh Planning Commission hereby recom mends approval of Development Agreement 92-1, Change of Zone No. 2 I, and Tentative Parcel Map No. 27314, Amendment No. 2 located at north of Pauba Road, south of Rancho Vista Road and east of the Temecula Valley High 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~r^rn~aTs~.rr~.~c ,~. 16 I m~,EBY CERTIFY that the foregoing Re~olution 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 Cornmlssion: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS.; s~rAn~-rx,-m4rm.~c ~w 17 A'I-I'ACHIV!ENT NO. 2 ORDINANCES s,s'r,~a.r,z~,~rrKx. c ,,v, 18 DI~,T,F-TED BY STAFF AI'rACHMENT NO. 3 CONDITIONS OF APPROVAL s~"r^nnu,ranl4rm.~c ,~ 19 CITY OF CONDITIONS OF APPROVAL Tentative Parcel l~4ap No: 27314, Amendment No. 2 Project Description: A request to subdivide a 96.9 acre parcel into 4 parcels and a remainder parca. Assessor's Parcel No.: 946-070-080 PLANNING DEPARTMENT The tentative subdivision shall comply with the Sta~ of California Subdivision Map Act and to all the requirements of Ordinance 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 w the expiration date. This conditionally approved tentative map will expire two years 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 road. Subdivision phasing, if applicable, shall be subject to Planning Deparanent approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and put!nose of the subdivision' approval. A Homeowners Association shall be established for maintenance of Open Space/Common Area and the developer/applicant shah pay for all costs relating to establishment of the Homeowners Association. A copy of the final grading plan shall be submitted to the planning Deparlment for review and approval. All on-site cut and fffi slopes shall: Be limited to a maximum slope ratio of 2 to I and a maximum vertical height of thirty (30) feet. Setbacks from top and bottom of slopes shall be a minimum of one-haft the slope height. B. Be contour-graded to blend with existing natural contours. s~r^mu, ram4rru.~c ,p 20 10. 11. 12. 13. 14. 15. 16. 17. C. Be a paxt of the downhill lot when within or between individual lots. All slopes over three (3) feet in height shall be landscaped and irrigated according to the Ciiy Development Code. A de~ihxl landscap'rag and irrigation plan, px~ared by a qualified professional, shall b~ submitted to the City l~lnnning Depamnent for review and approval prior to issuance of building pennits. The applicant Shall comply with the environmenlal health recommendations outlined in the County Health Depaxhuent's transmittal dated July 1, 1992, a copy of which is attached. The applicant shall comply with the fff~ improvement recommendations outlined in the County Fire Depanment's letter 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 OUtlineXl in the Southwest Area Plan. 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. The developer shah be responsible for maintenance and upkeep of all slopes, landscaped areas and 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 transmittat dated May 7, 1992, a copy of which is attached. The applicant shall comply with the recommendations outlined in the RTA transmittat dated March 2, 1992, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Temecula Community' Services District transmittat dated August 12, 1992, a copy of which is attached. 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 Fried with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Depa:tment for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Depamaent of Building and Safety. The following notes shall be phced on the Environmental Constraints Sheet: A. This property is located within thirty (30) miles of Mount Palomar Observatory. s~r^mu,mTs,,~m.~c ,v- 21 18. 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 incorporated into the design of the goff course. C. Drainage easements shall be kept free of buildings and obstructions. D. The 100-year floodplain area shall be delineated. Prior to the issuance OfB[rH DING PERMITS 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 Departmere appwval for the phase of development in process. The plans shall be certified by a landscape architect, and shall pwvide 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. l-~ndscape elements shall include earth bernring, 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 Margatim 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. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road fighi-of-way, they shall be planted outside of the road fight-of-way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. SXSTAFVRm'~S~a'm.~C ~S~ 22 All existing specimen tn~s and significant rock outcroppings on the subject property shall be shown on the proje~t's grading plans and shall note thoso to be remove~l, rolocatexl and/or ~ained. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be st~l stalmd. 19. Prior to iss,mnce of GRADING PIgnUTS th~ following conditions shall be satisfied: 'A. · ff the project is to be phase~i, prior to the approval of grading permits, an'overall. conceptual gr,~ding plan shall be submitted to the planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for in~vidual phases of development and shall include the following: (1) Technique8 which will be utiliTed to prevent erosion and sedimcntation during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase. All cut slopes located adjacent to ungrdded natural terrain and exceeding ten (10) feet in vertical height shall be contour-graded incoxporating the following grading techniques: (D The angle of the graded slope shall be gndually adjusted to the angle of the natural terrain. (2) Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. (3) The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. (4) 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. Cm Prior to the issuance of grading permits, the developer shall provide evidence 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 Director of Building and Safety. sks'r^m~,r~m~rr~.~c ~ 23 20. 21. Prior to the issuance of a grading permit, the appliesnt 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 Consa'vation 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, ~rosion control landscaping shall be provided consistent with Ordinance No. 457.75. An overall concel3tual landscape plan Shall be submitted to the Planning I>~0attment for approval prior to issuance of any gnding permits. This plan shall highlight all the axeas which will be landscaped including from yards, slopes within individual lots, common area slopes/open space, Soft course, street parkways, etc. Conslxuction landscape plans for each pha.,¢ shall be submitted for approval to the plannin~ Depaxtment prior to issuance of any building permits for that phase. All common area 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 retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find 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. Prior to the issuance of BUT~ .RING PER_MYES 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 provides. 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 fire protection plan as appmved by the County Fire Marshal. All dwellings to be contacted within this subdivision shall be designed and constructed with fn'e retardant (Class A) roofs as appmved 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 permitted with Plaming Department approval. s~^r~.rr~a~rm.~c ~t* 24 l~uilding separation betwee~ all buildings including fireplaces shall not be less than ten (10) feet. 22. 23. 24. Prior W the iss~mnce of OCCUPANCY PBRM1TS the following conditions shall be satisfied: All landscaping and irrigation shah be installed in accordance with approved plans prior to the iss-nnee of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utiliTPxl as approved by the Planning ~ and the Director of Building and Safety. All Inndscaping and irrigation shah be installed in accordance with appmved plans and shall be verified by City field inspection. Prior to the issuance of an occupancy permit, the applicant Shall enter into an agreement with~ for the ~fuse service to include the utiliT~tion of a small pick-up truck equipped with a lift mechanism in order to move the containers 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 Temecuh, its agents, officer, and employees from any chim, action, or proceeding against the City of Temecuh or its agents, officer, or employees W ~ttn~ch, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legishtive body concerning Tentative Parcel Map No. 27314, Amendment No. 2, which action is brought within the time period pwvided for in California Government Code Seaion 66499.37. The City of Temecuh will pwmptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and wffi cooperate fully in the defense. ff the City fails to promptly notify the subdivider of any such chim, 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. The developer shah make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall at least 120 days prior to submittal of the fmai map for approval, enter into an aguemeat 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 shah 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 shah 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 stroll have been approved by the City prior to commencement of the appraisal. swrAmum:73~4rr~.~c ~v, 25 25. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easemems provided as required, and designed and consu~cted in accordance with City Codes and the utility provider. Telephone, cable T~, and/or security systems Shnll be pre-wired in the residences. 26. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Covenants, Conditions and Restrictions/Reciprocal Access Easements: 27. The Covenants, Conditions and Re, fictiOns (CC&R's) shall be reviewed and appwved by the Planning Depfuhnent prior W final approval of the tract maps; The CC&R's shali include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. 28. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or shnilar 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 w meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually avnilable futures 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 enforcemere by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidenee of compliance with this requirement to, and r~ceive approval of, the City prior to making any such sale. This · condition shall not apply to land dedicated to the City for public purposes. 29. Maintenance for all landscaped and open axeas, including parkways, shall be provided for in the CC&R's. 30. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (!) an undivided interest in the common axeas 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 rephced with specimen trees as appwved by the Planning Di_reaor. 32. Within forty-eight (48) hours of the approval of the pwject, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($i ,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee, in compliance with All 3158, 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 fie the Notice of Determination required Under Public Resources Code Section 21152 and 26 14 C. al. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/dovolope~ has not delivered to the planning Depaxtmont the check required ab?ve, the approval for the project granted herein shah be void by reason of failure of condition, Fish and Game Code Section 711.4(c). 33. The applicant shall consult the Army Corps of Engineers and the California Department of Fish and Crdmc prior to designing the site plan for the project to mitigate the impacts to the wetlands as identified in the Figure 2 of the Biological Report which includes the unvcgetatcd alluvial wash and the Southern Willow Scrub. A proof of this consultation shall be submitted to the planning Depa~hacnt along with the Plot Plan or Conditional Use Permit appli~tions. These applications shall not be deemed complete without the proof of consultation with both of these agencies. 34. A full disclosure shall be made to all prospective residents, whether buyers or rentors, that the existing Temecuh Valley High School football stadium, tennis courts and other related facilities will be used ex~ensively for ball ~ames, practices, rock concerts and community activities. These events occur during beth the daytime and evening hours and wil/generate considerable noise and light. The Temecuh Valiey Unified School District wil/not accept responsibility for the impact that these activities may have on the neighboring complexes, nor wffi any of these conditions be subject to mitigation by the district. The disclosure shall be made at the time of initiaJ marketing and through individual grant deeds. The specific form of the disclosure shall be appwved by the Planning Director and the City Attorney prior to issuance of building permits. 35. The pwposed project will be impacted by the Temecuh Valley High School stadium noise and light. The following shall be implemented prior W approval of any Plot Plans or Conditional Use Permits: A noise study shall be submitted. This study shali examine the impact of the stadium on the proposed residences. Mitigation measures shall be included in the study including but not limited to buffcling setbacks from the westerly property line, wails, landscaping, building 'orientation and building design. -These mitigation measures shaJ] reduce the maximum interior noise level to 45 Ldn and the exterior noise level to 65 Ldn. 36. B. Mitigation measures shall be incorporated into the project design including but not limited to building setbacks fwm 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 gat~to the private roads in the multi-family senior complex, if pr6pesed, shall be setback sufficicn~y 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. 37. 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. 27 38. A $400.00 per dwelling unit fire mitigation fee shall be assessed prior to issuance of bu. ilding pennits. 39. 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. 40. The development of this project shall comply with Development Agreement No. 92:1. PUBLIC WOI~Kg DEPARTMENT The following axe the I~panment of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be ref~Ired to the appropriate staff person of the Department of Public Works. It is understood that the Subdivider has correctly shown 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. PRIOR TO RECORDATION OF TI-IE FINAL MAP: 41. Pursuant to Seaion 66493 of the Subdivision Map Act, any subdivision which is pan of an existing Assessment District must comply with the requirements of said section. 42. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Depa~Unent; CATV Franchise; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southem 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 ofters. All dedications shall be free from all encumbrances as approved by the Department of Public Works. S~STA~314'FTi&IsC yew 28 46. 47. 48. Pauba Road and Rancho Vista Road shall be impwved with a haft-width of 32 feet of asphalt concrete pavement, or bonds for the street impwvemcnts may be posted, within the dedicated fight-of-way in accordance with City Standard No.102, (88'/64'). In the event wad or off-site right-of-way a~ required to comply with these conditions, such easements shall be obtained by the develope~, or, in the event the City is required W condemn the ~men.t or riffht-of-way, as provided in the Subdivision Map Act, the developer Shall enter inW an agreement with the City for the acquisition of such easement at the developer's cost pursunnt W Government Code Section 66462.5, which shall be at no' cost to the City. Vehicular access shall be resUicted on Pauba Road and P~ncho Vista Road and so noted on the final map with the exception of access points and street intersections as shown on the tentative map and as approved by the Dep~l~uent of Public Works. An easement for a joint use driveway between shall be provided between parcels 3 and prior to approval of the Final Map or issuance of building permits, whichever occurs fffst. Easements, when required for roadway slopes, landscape easements, clminage facilities, utilities, etc., shall be shown on the final map ff they are located within the land division boundary. All offers of dedication and conveyances shall be submittexl and recorded as dif~c~t~ by the Department of Public Works. A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prt~pared by the developer and submitted W the Director of Planning, City Ellgineer 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 subject to the following Engineering conditions: A. The CC&R's shall be pr~ared at the developer's sole cost and expense. The CC&R's shall be in the form and content approval by the Director of Planning, City Engineer and the City Attorney, and shall include such provisions as are required by this appwval 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 appwval 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. D$ The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and related facilities. S~ST^m~'r~ZS~4TT~.~C ,~ 29 The CC&R's sh~l_l provide that the property shall be cloveloped, operated and mainminexi so as not to create a public nuL~nce. The CC&R's nhall provide that ff 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 expenso, ally malnt~"-nane, C required thel~On by the CC&R's or the City ordinances. The propoily Shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. · 1. All parkways, open axeas, onsite slopes and landscaping shall be permanen~y maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to Planning ~ f'~knd the Depaxtment of Public Works prior to issuance of building permits. 2. Reciprocal access easements and maintenance agreements ensuring access · t~ all parcels and joint maintenance of all roads, drives or parking areas ~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. 50. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public impwvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, and other traffic control devices as appropriate. B. Storm drain facilities. C. Landscaping (street parkway and slope protection). D. Sewer and domestic water systems. E. Undergrounding of proposed utility distribution lines ff required. 51. The street design and improvement concept of this project shall be coordinated with adjoining developments. 52. Street lights shall be provided along stree. ts adjoining the subject site in accordantic with the requirements of Ordinance No. 461 and as approved by the Depaxtment of Public Works. 53. 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 sxsTA~spsrrM.pc vp~ 30 mitigation fee, he may enter into a written agreement with the City dcfcrring said payment to the time of issuance of a buildlnE pero3it. 54. Ali sl,eet and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. 55. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approvcd by the D~partment of Public Wofa. 56. A minimum centerline sh-eet grade shall be 0.50 percent. 57. A]] driveways Shall conform to the applicable City of Tcmecula standards and shall be shown on the sight improvement plans in accordance with City Standard 207A and 401 (curb sidewalk), 58. 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 drown on 24" x 36" mylar by a Registered Civil Engineer. 59. A geological report shall be prepared by a qualified engineer or geologist and submitted as directed by the Department of Public Works at the time of application for grading plan check. 60. The subdivider shall submit two (2) copies of a soils mpon to the Department of Public Works at the time of application for grading plan cheek. The x~port shall address the soils stability and geological conditions of the site. 61. A dntinage 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. 62. 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." 63. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. The subdivider shall protect downsha properdes from damages 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 facLlities or by securing a drainage easement. The developer shall record an Enviromnental Constraint Sheet delineating the area within the tOO-year floodplain. sx,rrAnyamzna4Tn4.yc ~p 31 66. Prior to final map, th~ subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 67. Prior to issuanc~ of a grading permit, d~veloper must comply with the nxluirements of the National. Pollutant ~ Elimination System (NPDES) permit from the State Water Re. sources Control Board. No grading shall be permitted until a NPDES clearance · is granWd 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 cncroaclunent permit shall be obtained from the Department of Public Works. 69. A grading perulit shall be obtained from the Department 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 Department of Public works. 71. If grading is to take place between the months of October and April inclusive, erosion control and ranoff mitigation plans will be required. 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 rate 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. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. 73. A permit from the County Flood Control District is reqfiired for work within their right- of-way. PRIOR TO BITfinING 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 conformante with the approved rough grading plan. sxsT^mum.-Ts,,rm.,,c ,.~ 32 76. Developer sh911 pay any capital fee for wad improvements and public facilities impused upon the property or project, including that for traffw and public facility mitigation as re~l. uired under the EIR/Negative Declaration for the project. The fee'to be paid shall be in the mount in effect at the time of payment of the fee. If an interim or fmai public facility mitigation fee or district hn~ not been finally established by the date on which developer requests its building permits forthe pwject or any phase thereof, the developer ~hnll execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Conattrently, with executing thi~ Agreement, developer sh~ll poSt security W secure payment of the Public Facility fee. The mount of the security · shail be $2.00 per square 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 projea in the nmount of such fees). By execution of thi.~ 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 coliection of any traffic mitigation or.traffic impact fee for thi~ project; pwvided that developer is not waiving its fight to protest the reasonableness of any traffic impact fee, and the mount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 77. Construct full street impwvoments including but not limited W, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and sh~t lights on all interior public streets. 78. Existing city roads requiring construction shall remain open to waffle at all times with adequate detours during construction. Traffic control plans shah be pwvided as directed by the Department of Public Works, and may be required to be prepared by a registered Civil Engineer. Tmnsportadon Engineering PRIOR TO RECORDATION OF THE FINAL MAP: 79. A signing and striping plan shall be designed by a registered Civil 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. 80. Prior to designing any of the above plans, contaa Transportation Engineering for the design requirements. 81. Bus bays will be provided at all existing and future bus stops as determined' by the Department of Public Works. SLSTAFFRP"I'~7~]4'r"~J~.pC vgw 33 PRIOR TO THE ISSUANCE OF ANY ENCROACHMIINT PERMITS: 82. A.construction area traffic control plan shall be designed by a registered Civil Engineer and appmved by the City Enffineer for any stre~ closure and detour or other disruption to traffic circuladon as required by the Department of Public Works. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 83. All signing and shiping shall be installed per the appr0ved signing and SLriping plan. 84. I~ndscaping shall be limited in the comer cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance. S~TA~I4TIM-imC vlw 34 (714) ~58-7808 July 1, lc~c72 CITY OF TEMECULA 45174 Business Park Drive. Temecula, CA 92590 ATTN: Saied Naaseh: RE: TENTATIVE TRACT MAP NO. 27514: BEING A PORTION OF THE RANCHO TEMECULA, AS BRANTED BY U.S. GOVERNMENT TO LUIS VISNES BY PATENT DATED 1-18-1960, AS SHOWN BY LIBER 1, PAGE 57, RECORDS OF SAN DIEGO COUNTY, AN PARCELS 1,2,&3 OF PARCEL; NAP B3/97-100 RECORDS OF RIVERSIDE COUNTY, LOCATED IN THE CITY OF TEMECULA, CALIFORNIA, (4 LOTS) Dear Gentlemen: The Department of Environmental Health has revieHed Tentative Tract Map No. 27514 and recommends: A Hater system shall be installed according to plans and specifications as approved by the water company and the · Health Department. Permanent prints of the plans of the water system 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 of valves and fire hydrants; pipe and joint specifications, and- the si=eof the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part I, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and General Order No. 105 of the Public Utilities Commission of the State of 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 eater system expansion plans of 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 F'age Two Attn: Soled Naaseh Quly 1, 1992 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 request for the recordorion of the final maO. 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 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 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 e>:istingsystem. A single.plat indicating location of sewer lines and water lines shall be a portion of the sewage plans and profiles. The ~lans 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 e>:pansion 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 A~tn: Saied Naaseh J~ly 1, 1992 The plans mustbe submitted to the County Surveyor's Office to review at lea~t two weeks,~rior to the re0uest ~or 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, ~xm/~.H.S. IV Department of Environmental Health SM:dr RrVERSlDE COUNTY FIRE DEPARTMENT 210 WEST SAN JACINID AVENUE · PERIlIS, CALIFORNIA 92Ii) C714) 6~7-3183 GLEN J. NEWMAN FIRE CHIEF MAY 4,.le92 TO; CITY OF TEMECULA ATTEN: PLANNING DEPARTMENT RE: TENTATIVE TRACT 27514 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 Michael E. GraY~ Fire Captain Specialist PLANNING DMSION 3760 12th Sm~ Rim~ae, CA 92501 (714) 275-4777 · FAX (714) 369-7451 FITEMF:CULAO!:FICE 41002 C_,~, C_~_ ~ S~k 22~, Temenah, CA 92390 (714) 694-5070 · FAX (714) 694-5076 Riverside County Health Department c/o Albert A. Nebb Associates 3788 NcCray Street Riverside, CA 92506 Gentlemen; Irediet D. $~mm. March 12, 1992 '.-.,~ ~ 3 1992 (Date) Re: Availability of Sanitary Sewer Service for Tentative Parcel Map 27314 We hereby advise you relattve to the availability of sanitary Sewer Servtce for the above referenced proposed development as follows: The property to be occupied by the subject proposed development: IS PRESENTLY LOCATED within the boundary ltnes of this Olstrict's Improvement DIstrict No. U-8 and is eligible to receive sanitary sewer service, MUST BE ANNEXED to this Oistrtct's Improvement D~strtct No. following whtch it will be eligible to receive sanitary se~er service, /"7 provided: 1) RUNT BE INCLUDED in a new District improvement district, assess- ment distrtct or other program to be formed end Implemented for the purpose of providing santtary 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 financiel and other arrangements therefore, as determined by the District, with the District by Seotember 1993 ; 2) That no LIMITING CONDITIONS exist which ARE BEYOND this DISTRICT'S CONTROL or CANNOT BE COST EFFECTIVELY and/or reasonably satisfied ~'~"F~'Olstrtct, which conditions may include but are not limited to, acts of God, REGULATORY AGENCY REQUIREMENTS or decisions, or legal actions initiated by ot~ers; If you have any questions or contnents regarding the foregoing, do not hesitate to contact this office. Assistant Director of Customer Service Mail %: Pllsr Office R,x B~OO , £un Jadnm. Callforniu ~)2)R[-H~OD · Telephone ~714~ 92~.7676 , F~ ~71.h 929~25T M:dn C)ffk~: 20. i5 ~. ~n.j~intc} Sty. ~nJacinn} . (~t.~r ~-n'k~,Engi~in~ An~x: ~ E ~k~nd A~n~. Hc~t. C~ FOR DISTRICT USE O~L ) .... 1. Names and Addresses of Involved Parties: involvement Name Owner of Property Linfteld School Address 31950 Peube Road TemecVla, CA 92590 Developer Developer's Engineer Albert A, ~bb Assoc. 3789 McCray StPegt RIverside. CA ~05 General Location of the involved property: North side of Paube Road. We~t of ~,~eP P~P~WMy Brief legal description of the involved property: Tentative ParqJl MaD 27314 4. Number of proposed lots/parcels 4 Parcels 5. Es=~mated number of d~elling units (or equivalent) 6. O~ner pertinent ~nformation Zoned Senior Ctttzen. Convalescent 7. Small scale map of the subject proposed development Area 96.7 [in acres) hncho - Water May 7, 1992 Mr, Saie, d Naam~h City of Tcmccula Planning Depa~ tuient 43180Business Park Drive Tcmccula, CA 92390 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 CRCWD). 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, ff 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:aj162/F156 co: Senga Doherty, Engineering Technician |992 ff7'A RIVERSIDE TRANSIT AGENCY 1825 THIRD STREET, RIVERSIE, CA 92,507-3484, BUS. [714) 684.0850 FAX [714J 684-1007 March 2, 1992 Saled Naaseh City of Ternecula Planning Department 43174 Business Park Drive Temecula, CA 92590 RE: 'I'1' 27314 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 for Mum growth, we are requesting that a bus turnout or a pad for a bus mop be incorporated into the general design. Ideal site forthe bus turnout would be on nodhside comer of Pauba Road adjacent to Pamel 3 just before main emrance to the senior citizen housing. If possible, we would also like to request that padestdan 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 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 donI hesitate to COntact me. Sincerely, Barbara A. Bray Transit Planner BB/jsc PDEV #151 TO: FROM: DATE: REFERENCE: SlcIAWN NELSON ~ DIRECTOR OF COMMUNITY SERVICES AUGUST 12, 1992 TENTATIVE TRACT NO. 27:314, AMENDMENT NO.2 The Temecula Community. Services District (TCgD) staff has reviewed the conditions as set forth in the City of Temecula Conditions of Approval and recommends APPROVAL of Tentative Tract Map No. 27314, Amendment No. 2, subject to the d~veloper or his assignee conforming to the TCSD Quimby Ordinance No.' 460.93 as attached. All questions regarding the meaning of ~e attached conditions shall be referred to the TCSD. cc: Gary King Beryl Yasinosky Debbie Ubnoske TElVlECULA COMMUNITY SERVICES DISTRICT Prior to the recorda~on of the final map, the applicant or his assignee, shall offer for dedication 2.3 acres of parkland and execute a Letter of Agreement with the TCSD, to conswuct 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 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). ATTACHMENT NO. 4 E.X"HmITS 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 Exmnrr: A VICINITY MAP ' P.C. DATE: August 3, 1992 C SIT SWAP - Exhibit B CITY OF TElVIECULA DU/.~.C' Designation: 1 Acre lVfinimum 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 EX/qlRIT: D CONCEPTUAl- SITE PLAN 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 EXmBIT: E TENTATIVE PARCEL MAP NO. 27314, AMEND. NO. 2 P.C. DATE: August 3, 1992 S~TAFFRIrI'~?]I4TrM.pC CITY OF TEMECULA GENERAL NOTES ~:~-..--. ~.~ .......~;-L. CASE NO.: Development Agreement No. 92-1, Chgn~oe Of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 EXHIBIT: F CHANGE OF ZONE NO. 21 P.C. DATE: August 3, 1992 .CITY OF TEMECULA Independant Living Units Linfield Village CASE NO.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 EXHmlT: G1 CONCEPTUAL ELEVATIONS 'P.C. DATE: August 3, 1992 CITY OF TEIVIECULA Congragate Care Facilities Linfield Village CASE NO.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 EXHmlT: G2 CONCEPTUAl, ELEVATIONS P.C. DATE: August 3, 1~)2 CITY OF TEMECULA Independant Living Units Linfield Village CASE NO.: Development Agreement No. 97.-1, Chenge of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 EXtHRIT: G3 CONCEPTUAl, ELEVATIONS j~ P.C. DATE: August 3, 1~)2 A'.l-x'A~ NO. S INITIAl, ]~N'¥II{OI',,~%,ftlNTAJ., STUI)Y s~A~u~r~rrM.~ ~ 36 CITY OF TEMECULA PLANNING DEPARTMENT I~X'X'L&L ENVIRONMENTAL b-rtJl)Y H BACKGROUND Name of Proponent: Address and Phone Number of Proponent: I jnfield Owis~s.n School 31950' Panba Road Temecula. CA 92592 3. Date of Environmental Assessment: 4. Agency Requiring Assessment: June 20. 1992 CITY OF TElVm, CULA 5. Name of Proposal, if applicable: 6. Location of Proposal: N/A Surrounded by Pauba Road to the south and Rancho Vista Road to the north and 700 feet east of Mar-arita Road ENVIRONMENTAL IMPACTS (Explanations of all answers are provided on attached sheets.) Y~ Maybe No 1. Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic 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 features? X SXS'rAFFR~T~73~4T'n4.~C ~V, 37 Any substantial increase in wind or water erosion of soils, either on or off site? f. Changes in deposition or erosion of beach ssnds, 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 h~7~rds such as earth quakes, landslides, mudslides, ~ronnd failure, or slmil~r hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? 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 direaion of water movements, in either marine or flesh waters? Substantial changes in absorption rates, drainage panems, or the rate and mount of surface r~nofi? Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? Yes Maybe No _ _ X _ _ X X X X s~r,u~nrck,73~,rru.~c ,~ 38 Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxyge~ or turbidity? Alteration of the direction or rate of flow of ground w~s? Change in the quantity of ground waw. rs, either through direct addi- tions or wi~drawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the mount 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 th: Change in the diversity of species, or number of any native species of plants (including treea, 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 W the normal replenishment of existing species? Substantial reduction in acreage of any agricultural crop? Y~ Maybe No __ __ X X X X X X X 3x'$TA~I4~I.PC ~t 39 lO. Anlm,l Life. Will the proposal result in: (:bango in the divenity of species, or numbers of any species of animals (birds, land animals including rep- fi]e~, fi.~h and she]Irish, be~ic organisms or insects)? Reduction of the nnmbers of any unique, rare or e~dau~ered 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, off, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Yes Maybe No X X X 11. 12. 13. 14. bs Possible interference with an emerg- ency response plan or an emergency evacu~on plan? Population. Will the proposal alttr the location, distribution, density, or growth rate of the human populV. ion of an area? Homing. Will the proposal affect existing housing or create a demand for additional housing?. Transportation/Circulation. Will the proposal result in: Generalion 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 panems 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 nell 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? Yes Maybe No X X X _ _ X sxs'r~v~rsm"m.~ ,,v 41 15. 16. 17. 18. Maintenance of public facilities, including wads? f. Other governmental services: Ener~. Will the'piuponl result in: Use of substantial amounts of fuel · or energy? Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy?.. Utililies. Will the proposal result in a need for new systems, or submauGal alterations to the following utilities: a. Power or natural gas? b. Comm~licatiolB systems? c. Water? d. Sewer or septic mnkn? 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 menta] health)? Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obsn'uction 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? Yes Maybe No -- _ X X _ X 19. 20. 21. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Will.the pwposal result in the alteration of or the destruction of a prehisWric or hisWric archaeological site? Will the proposal result in adverse physical or aes~etic effec~ to a prehistoric or hisWric 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? M~ndatory 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 plaut 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.) Y~ Maybe No X X X sxs'r^mh~c~3~4~,4.~c ,.~ 43 Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separaze resources m~y be relatively sm~!l, but where the effect of the total of those impacts on the enviromnent is significant.) Does the project have environmental effects which will cause substen- tial adverse effects on hnmsn beings, either directly or indirectly? Y~ Maybe No X S~TAFi~U'r~F3S4TTM.I,C vgw 44 HI DL.~CU.~"ION OF ~ ENVIRONMENTAL EVALUATION 1.b. 1 .c.d. I.e. 1.f. 1.g. Ai__.~r 2.a. 2.b. No. The proposed project is not anticipated to cause changes in geologic substructures and crp~t~ unstable earth conditions. 'Since this approval does not provide entiilements for structures, no mitigation measures are necemRy at this pOint. However, the Public Work Dep~tl.,,~nt is respOnsible for implementation of n~t~sa~t mitigation measures prior to issuance of grading 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 UltlmAta 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 bufidout 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 commercial and industrial uses. Since this project is exclusively residential in nature there are no significant impacts. 2.c~ Water 3.b. 3.c. 3.d. 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 ere anticipated. No. The u~rlmn~ 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 uncle~ 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 impacts ere 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 ere 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 drainage panems because of the size and location of the project. No significant impacts are anticipated. No. Stormwater runoff and possibly irrigation ranoff from the proposed project would ultimately flow into the Santa Margarita River. Runoff pollutants will be typical of those of urbaniTed 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 Murriete 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 Found 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 projea 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%STAFFRP'Bl'7314TTM,PC vp 46 Plant Life 4.a.c. 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 dete~'mlned existence of Non-U.5. wam's weftand on the site. The projea is condifioned for preserving this weftand by requiring a fifty (50) foot easement on each side of the weftands thereby preserving the wet~a~ which will be incorpont__~_ into the design of the golf come. 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 significant impacts are enticip~3__~_. No. The proposed project will not reduce the noraben 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 ultimst~.. development of the site may eliminate some of the native animals on the site however, soma may survive in an urban environment. The only additions w 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 consn:uction of the project and the long term impacts will mos~y result from the traffic generated by this projea. Due to the size and location of this project these impacts are not considered significant. Maybe. The proposed projea abuts an existing high school stadium. The noise generated from this stadium is expected to impact at least a portion of the senior housing projea. Sinca 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 projea. The mitigation measures may include building orientation, design futures, landscaping, etc. No significant impam are anticipated. S~STA~I4TT~I.PC ~ 47 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 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 plau stage and include building orientetion, 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 designntion 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 projea would increase the rate of consumption of both renewable and nonrenewable natural resources during construaion and project operation. Natural resources consumed during construction would be aggregate materials, timber, and energy resources for on-site consWuction 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 Uvset 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 tanks of the residents' and the visitors' cars and the pesticides used for maintenance of the landscaping are not expected to create significant impacts. lO.b. No. The proposed projea will be reviewed by the Fire Depaxhuent at the Plot Plan stage; therefore, all response time end emergency vehicle tumarounds will be e:rnmined at that stage. No significant impacts are anticipated. S~$TAFFR~'P27314TFM,PC' vgw 48 Ponulation ll.a. No, The ultlrnar~. build out of the projea 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, relocafion of Temecnia residents in the area or a combination of the two. This impact is not expected to be significant. Housin~ 12. Yes. This projea will have a positive impaa on the housing in the region since it will provide additional housing for senior citizens. No negative significant impact is anticipated. Transnorta~on/Circula~on 13.a.c. Maybe. The project will generate approxima~ly 1,610 daily vehicle trips, 130 of which are expected to occur during the evening peak hour. According W the traffic study, the major intersections impacted by this project will opera~ at Level of Service C or beWer. No significant impacts are anticipated since mitigation measures have been incorporated into the projea. These mitigation measures include imprnving Pauba Road end Rancho Vista Road bordering the projea to their ultimate half-section widths as secondary highways (88 feet right-of-way) in conjunction with development. A painted medien with left tun pockets will- be provided for traffic on R~neho Vista Road end on Pauba Road desfling to turn left inw the projea enntrences. 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 demend 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 significent impacts are enticipated. 13.d. No. The development of this projea will not cause eny alterations to present paRems of cffculation or movement of people end/or goods since the major roads are already established in the vicinity of the projea. Therefore, no significent impacts are anticipated. 13.e. No. This projea will not cause alterations to waterborne, rail or air traffic due to the nature of the projea, its geographic location, end local transportation system. Therefore, no significant impacts are anticipated. 13.f. Maybe. Project-related traffic could create new traffic hazards to motor vehicles, bicyclists, end 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 end Rancho Vista Road. Internal. circulation patterns could also result in potential hazards to pedestrians. S~iTA~314TrM.PC vgw 49 The following measUr~ need to be incorporated into the project design to reduce the impacts of the project to an insi~ul~cant level: Public Services 14.a. 14.b. 14.c. 14.d. 14.e. The gate for the pwposed senior housing should be setback from the Right-of- Way to allow for pwper stacking of cars behind the gate. Vehicular and pedestrian entries to the projea 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 inW the project design providing adequate pedestrian circulation. Accent paving, crosswalks, landscaped walkways and adequate lighting should be used w identify and enhance pedestrian walks. 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 Fire Service. The Fire Deparunent will review the Plot Plan for this project to insure adequate service. No significant impacts are anticipated. No. The City of Temecula is contncting through the Riverside County Sheriffs Deponent 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 w the Sheriffs Depamnent this response time is well within industry standards for adequate service levels. The City intends to maintain a ratio of I 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 projea. No significant impacts are anticipated. No. The proposed project will include a private golf course and other active amenities. A senior cente~ might also be a part of this project which will create new activities for the residents. No significant impacts are anticipated. No, The project w~l cause increased traffic on city streets; however, this is not considered a significant impact (refer w No. 13). Maybe. The future project residents will be using governm~ntel 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 anticipat_ey!. Energ~ 15.a.b. No. The implementation of the proposed project would increase the ra~ of conanmption of fuel and othe~ .energy resources. During construction, conswuction equipment would be COusuming 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 imp. ~tS are anticipated. Utilities 16.a.b.c. d.e.f. No. All the utilities and services 'are within close proximity to the pwjea 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 projea site is not such that they would create potential health h~7~rds. 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 attention shall be given w the impacts, if any, w 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 wHI not cause significant negative impacts. Cultural Resources 20.a.b.c.d. No. The proposed projea will not have a significant impact on prehistoric or hiswfic 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. S~rAFFRPTL'nI4~rM.PC ~ ENVH~ONMENTAL DEa'~r~fiNATION On the bas~s of this initial avaluation: I find that the proposed project COULD NOT have a signi~csnt effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- . ficant effect on the environment, thei, e will not be a Signi- ticant effea 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. X June 25. 1992 Date I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. For CITY OF TEMECULA sxs'r^~.m'~s,4rrk4.~c ,s- 52 ATTACH1VIENT NO. 6 DEVRIO PIVIENF AGI~vJ~'IENT RECORDED AT THE REQUEST OF City Clerk City of Temecula WHEN ~ECORDED RETURN TO City Clerk City of Temecula 43174 Business Park Drive Temecula, CA 92590 RECEIVED J U L 3 0 1992 A, is'd ............ DEVELOPMENT AGRE]~KENT BETWEEN CITY OF TENECULA and THE LINFIELD SCHOOL KNNEXATION ledTD DEVELOPMEI~ ),GREEHENT BETWEEN CITY OF TF/ECUL), and 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 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 interestin real property located within ~he 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 0f/7/92) '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 Agreementl 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 C~ty 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) (2) The City is proceeding in a timely fashion with the preparation of its general plans There is a reasonable probability that the Project will be consistent with the general plan proposal presently being considered. · 4 .s Grr;/9~) - 2 - (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 14874.5 (7r27/9~) --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 (4S) 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(i,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. 15 0m/92) -4 - (C) "Development Approvals" means all those discretionary land use entitlements necessary to develop the Proper~y, 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, professiDns, Taxes and assessments; The control and abatement of nuisances; 14874,5 Of Z7fg~) '5' (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 pereons ho.lding 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: · 4.5 G~7/92) ~ -6- Exhibit Des iunation Referred to inPara~raDh 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 and shall 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: (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. Assiunment. 5.1 Riuht to Assiun. 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 sale, transfer, or assignment and shall provide City with an executed agreement, in a form acceptable to the City Attorney, by the purchaser, transferee, or assignee and providing therein that the purchaser, transferee, or assignee expressly and unconditionally assumes all the duties and obl~gations 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 e2ecute 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 de~d of trust. (b) The Owner is not t~en 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.~ 0~27/92) --9' 5.3 SUbsecruent Assiunment. 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. Mortuagee 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 byany 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. -10- (c) If City timely receives a request from a Mortgagee requesting e 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 ~greement. (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 to the successors-in-interest to the parties to 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. 14874,sOm~) -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, abs6rption, 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 · 4.somm~ -12- 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 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 inconnection 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 Partv Litigation Concernin~ AGreement. Owner shall defend, at its expense, including attorneys fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action, orproceeding 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 ~4874.s~m~) -13- to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City mayin-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 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 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- 14.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial publicSneeds 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 intendto 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 148~ .S Omit) ' 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 Pacility 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. Reservat{ons 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 ~o: (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 PXan. 15.2 Subseauent 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. ~.s OmTzg~) -16- 15.3 Modification or SusDension 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 wit~ 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 bV 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 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 MaDe. 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 seg.) 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 immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 16. Development of the ProDertv. 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, 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 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 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) as a whole; or, Alter the permitted uses of the Project 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 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 ~4s~.semt~) -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 Aareement. (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 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 0f any action taken following the public hearing. (e) Within not lees 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. Damames 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 Owner covenants not to sue for or claim any damages for breach of that Agreement by City. 21. AttorneVs' 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 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 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. '4.5 (7~7/92) ' 2 2 ' (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 counterpane, each of which shall be deemed an original, but all of which when.taken together shall constitute one and the same instrument. IN WITNESS W}{EREOF 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: By: Name: Title: Notary [ALL SIGNATURES SPL~T,T. BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. EXECUTION ON BEHALF OF ANY CORPORATION SH~T~. BE BY TWO CORPORATE OFFICERS.] · 4.s (7/~7/9~) -2 4 - EXI-rmIT DESCRIPTION OF THE PROPERTy 14874.4 0/'23192) EXHIBIT "B" EXI!ITING DEVELOPMENT APPROVALS Tentative Parcel Map No. 27314 change of zone No. 21 EXamIT DEVELOPMENT .1. Within five'-(5) years of the effective date of this Development Agreement, Owner shall have substantially begun construaion of each of the following uses: A. Twenty (20) dwellin~ units of the S~nior Citizen Housing Development, and B. The Congregate Care Facility, Skilled Nursing Facility, or Personal Care Facility "Substantially begun construction" shall mean ob~ini~g a building permit and having an approved and inspected foundation. After twenty-five C25) percent of the dwelling units within the mniti-fsmily senior housing complex have received Occupancy Permits and prior 19 the next Occupancy Permit issuance within this complex, owner shall have constructed and obtnined a Certificate of Occupancy forthe Smlior Citizen Conter, and shall have compieted 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 shell have obtained Certificates of Occupancy for all buildings identified in the subsequent development approvals. PUBLIC FACILITY FEE AGREEMENT Recording requested by, and When ~ecorded 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, reference B. pursuant to attached hereto and incorporated herein by Developer proposesto 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 ~hat the Project will impact traffic and the 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 know~ as the "Temecula City-wide Public Facility Fee Program" or "Public Facility Pee." 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 deter~nined 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 par~ies 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 T, he 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 improveT 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 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 Interimor Final Public Facility Fee has been established, the Fee shai1 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 benefitto 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 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 Pees 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 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 Pee, 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 ~he 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 end 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 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. Bindine Aareement: This Agreement shall be binding upon Developer, Developer's successors and assigns. 8. Amendment/No Continuin~ Waiver: This Agreement may be modified or amended only in writing, signed by both parties. This Agreement contains ~he full and complete understanding of the parties and supersedes any -7- end 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 By: David S. Dixon City Manager DEVELOPER By: By: APPROVED AS TO FORM: By: Scott F. Field City Attorney sff/AGR17333 Form ~f 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'rec~uired 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- sff/AGR17333 ~. There is a need for such road and public facility improvements for the project as the project will generate traffic onto the roads ~o be improved and demand for additional public facilities. 4. There is a reasonable relationship between the amount of the fee and the cos~ 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 Public 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 for 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 Cit~ 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- sff/LTRll0111 taxed as costs and to be included rendered. This instrument of credit Financial Institution in the judgment is irrevocable. Principal therein (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: Scott F. Field City Attorney CITY OF TEMECULA -2- sff/LTRll0111 EXI-1IBIT "E' FEE CREDIT2 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 "F" DEED RESTRICTION RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY.CLERK CITY OF TEMECULA · 43174 BUSINESS PARK DRIVE TEMECULA, CALIFORNIA 92590 DECLla. RATION 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 Buildina TVDe. 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. 14874.5 (7/27192) 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 teetrain.violation or to recover damages. The City of Temecula may enforce any covenaht of this Declaration. 4. Attorneys Fees. Should any party bring an action against the other for the purpose of enforcing theterms 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: EXI-rr~IT "G" DEVELOPNEN'r Pr.~l 0 ATTACHMENT NO. 7 SECTIONS ~.1 AND ~.2 OF ORDINANCE NO. 348 RURAL RESIDENTIAL ZONING STANDARDS sxsT^Fsm~r~73~,~rrM.~c ,,p 54 t ARTICLE V R-R ZONE (RURAL-RESIDENTI/U.) SECTION 5.1. USES PERNIl'rED IN R-R ZONE. forth therethe unless berethalter modified. (2) Nobthhome, used as e one-fmtly residence, subject to the 1ol 1 owl ng conel 11 ons: I. Mobtlehmes shall have a floor area of not less that 450 squai'e feet, ' ' b. The area between the Found level and the floor of a mobilehome shall ha screened fm view by an opaque skirt entirely around the mobilehome. The following uses shall be pemttted provided approval of a plot plan shall first have been obtained pursuant to the provisions of Section 18.30: (1) Fishing lakes, cammartial and noncenmerctal. Educational *Institutions, libraries, museums end post office. (4) Golf, tennis, polo or country clubs, Irchery and golf and driven9 ranges. (5) Cunmerctaq uses for the convenience of Ind 1netdental to any of the above permitted uses when located upon the see lot or parcel of land. Feed and grain sales. Nurseries and gard-n supply stores. Pet shops and pet suppl~ shops. Real estate offices. Signs, on°site Idverttstng. Arts, crafts end curio shops. (6) (xo) (11) Public Utility Uses. (1) Structures and installations necessary to the conservation and development of water such ms dm~s, pipelines, water conduits, tanks, canals, 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 plants, booster or conversion plants, transmission lines, pipelines and the like. (3) Rmdlo broadcasting Stations. Railroads, including the necessary facilities in connection therewtth. (6) Television bromdcmsttng stmtioni, antennas, mad cable tnstmllmttons, and microwave relmy stmtlons. (d) The following uses mrs permitted provided m conditional use permit has been granted: (1) Airport or landing field. 19 · Any mtntng operation vhtch Is exenpt frm the provisions of the California &Jrface H ntng and Reelmarion Act of 1975 and RIverside County (Ydtnance No. 555. Cmete~, pet or lunan. Careereta1 uses, the folioring: a. Anttque shops. b. ~utmobtle servtce stations and repatr garages ~th or Mthout the concurrent sale of beer and vtne for off-premises consumptt on. c.. Bakery shops, tncl'udtng baktng only ~hen 1netdental to rata11 sales on the prmtses. d. Barber shops end beauty shops. e. Bars and cocktat1 lounges. f. Btlltard and pool halls. g. Cleantrig and dyetrig shops. h. Drug stores. t. Equipment rental services, Including rotot111ers, power mowers, sanders, power SIVa, canant and pllster mtxers not exceeding 10 cubic feet tn capacity. and other stmllar equl pment. (Deleted) Food, meat, poultry and produce markets. Frozen food lockers. Hardware stores. Laundries and laundrematS. LIquid petrole~ servtce stations, kdth or viahour the" concurrent sale of beer and vtne for off-premises cons~pt4on.provtded that tf storage tanks are above ground, the total capactt~ of all tanks shall not exceed ~0,000 gallons. Storage tanks shall he pathted a neutral color and shall not have an~ advertising pathted or placed on thetr surface. p. Ltquor Stores. q, (Deleted) r. Parktng lots and parktng Iwtlcrings, pursuant to the t, Profess(onal offices, u. CDe e.d v, Refresl~ent stands, v. Restaurants and other eattrig establtsMents. x. Shoe stores and repatr shops. ~. (I)eleted) z. Stations, ires, rltlroad and tixS. as. Ttro sales and service.' bb. Tourtst tnfomatton centers. cc. Underground tNlk fuel storage. dd. Auctton houses and yards. Dune Dugg,v parks. Frutt lad vegetable packtng plants and strutlit uses. ¸ 2O fe Hunting dubs, (12) Lumber production of a ccnmerclal nature, tndudtng cmmercta~ logging or cmmmrclal development of Umber and 1tuber mills. (13) Illchine shops. .' (14) The menuflcturs Of: a. Brick, tile or terra-cotta. b. Canant and cement products. c. G~psum. d. Ume or lime products. (15) Menageries end letall hospitals. Pen fed cattle operations, livestock saleyards, livestock suction yards, and t f de ry inns. (18) Race tracks, including but not limited to contests between lutemobiles, horses, go-clrts, ind motorcycles, but not tncludi n9 contests between human beings only, (19) Recreational vehicle parks, (20) Rifle, ptstol, skeet, or trapshooting ranges. (21) Rodeo arenas. Tretler and boat storage. (24) (Deleted) Neat cutting and packaging plants, provided there is no slaughtering of animals or renderin9 of meat. Hater ~ell drilling, operations and Service (2g) (Deleted) (30) Mobtlehme parks, developed I~rsuant to Section 19.93 of this ordt hence. The following uses are permitted provided that the operator thereof holds a pemtt to conduct surface mining operations 1ssued pursuant to Riverside County Ordinance No. 555 which has not been revoked or suspended, (1) Any mining operation that is subject to the California Surface Nlntng and Reclamation Act of 1975. Kennel s end carterice are parrot tied provt'ded they are rapproved pursuant to the provisions of Section 18.45 of this ordinance. Any use that is not specifically ltsted in subsections b. and d. may be considered e pemttted or conditionally permitted use provided that the Plannln9 Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such I use is subject to the pemtt process which governs the category tn which it fa)ls. knended Effective: 11-11-82 (Ord. 348.2104) 12-23-B2 (Ord. 34B.214D) 08-02-84 04-04-87 06-30-88 05-04-89 07;20-89 (Ord. 348.2338) Ord. 348.2856 Ord. SECTZON S.Z. DEVELOPHER STANDARDS. ere e structure ts erected or a use ts made tn the R-R Zone that ts first specifically petaltrod tn another zone cllsstftcatton, luch structure or use Shell meet the development standard~ such requirements are hereafter modified. One fenfly residences shall not exceed 40 feet tn height. No other butldtng or Structure shall exceed 50 feet tn height, unless a height up to 75 feet for lall d~ngs, 105 feet for other structures, or greater than 105 feet for broadcasting antennas ts/pproved ixzrsuant to Section 18.34 of this ordinance. Lot Area. One-half acre, ~lth a mtntmum average ~dth of 80 feet, Including the area to the center of adjacent streets, shall be the minimum size of any lot except as follows: (1) Public Utilities, 20,000 s~a~ hat ~th wtdth and Automobile storage space shall be provided as requSred by Section 18.12 of this ordinance, Amended effectt re: 09-04-62 07-16-69 06-16-65 (Ord. 348.371) 06-10-70 09-15-65 (Ord. 34~.391) 09-23-70 01-19-66 (Ord. 348,422) 09-30-70 08-02-67 Ord. 348.638) !O0;348,737) : 348,777) (Oral. 348,783) (Ord. 348.gOS) Formerly Article I I I - renumbe red Art. V and mended: 05-04-72 Oral. 348.1023) 05-09-73 05-30-74 06-20-74 11-07-74 03-20-15 07-10-75 Ord, 348.1189 Ord. Ord. 348.1377 Ord. 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 22 Oral. 348.1470) Ord. 348.1481 Oral. OrCl. 348.1588) Ord. Oper. 01-01-80) 348.1968 Ord. 348.2104 Ord, 348.2140 Ord. : Orj. 348.3053) A'x'x'A~ NO. 8 SECTIONS 8.1 A.NI) 8.2 OF OP. DII~IA. NCE NO. 348 GtlNt2Ls~L RY..SII)ENTL4J.. Z01VlNG S'S'r^FFRE',Z'~,..TTM.~C ~ 55 ARTIC~E V111 R-3 ZONE (GENERAl. RESZDENTZAJ.) The following regulations shall apply tn lll R-3 Zones: $EC'~TIOK 8.1. USES PEI~SZTTED. The follo~4ng uses shell .be permitted protided approval of · lot plan 1 she 1 first have been obtatned pursuant to the proylstons of $P;ctton 18.30: Any use pemttted tn the R-2 Zone. Aparb~ent houses, Nonprofit clubs and lodge hells. FraternlT~ and sorertV houses. Hotels, r~sort hotels, end motels. Ikrsery schools for preschool day care. ]nstttuttons for the ·gad licensed by the California State De arbnent of Soda1 Half·re or the County Depar~ent of Publtc ie~fare. Medical end dental offices. Chtropractlc offices. Law Offices. (2:~) Architecture1, engineering, end cmnuntty planning offices; provided there tS no outdoor storage of ilsltel~lls,. equll~ent, or vehicles, ot~r then passenger cars. Congregate ca~ ~stdenttel fsdltt~es. Accessor~ buildings, to i specific permitted use, provided that the accessory bull dtn9 ts established is In Incident to I principal use and does .not change the character of that use. On-stte stgns, affixed to butldln9 walls, stating the e~e of the structure, use, or Institution, not to exceed 5 percent of the surf·re area of the exterior face Of the wall upon uhlch the SIgn ts located. d9 The fellertrig uses shall be permitted prodded · condttlona~ use remit ts obtllned pursuant to thts ordinance: (1) Nobtleho~e parks, developed pursuant to Sectton 19.92 of. this ordinance. !}(Deqeted) Parking Ire· for cceTnerclal uses. Evening nursery school, child care Ind bs~y-sttt4ng.f·ctllths, vhere 13 or more unrelated chlldren Ire kept under Supervision I person licensed by the State De artmane of Social Half·re or RIverside Counti Department of PuCllc NellIre cbrln9 any hours beta~en S p.m. and 8 ·.m. (5) Congregate care residential fatalities, developed pursuant to Section :Zg.tO3 of thts erdahence. Planned resident1/1 d;velopments, profled I lind divJston ts approved' pursuant to the provisions of Ordinance No. 460 and the development standards in Sectton 18.5 or 18.6 of tht$ ordinance. ICennels and cataeries Ire permitted provided they Ire Ipproved pursuant to the provisions of Section 18.45 of this ordinance. Mended Effective: Z2-23-82 lord. 348.2140} 06-28-84 'Ord. 348.2341 04-04-87 Ord. 348.2669: 01-15-87 COrd. 348.25431 SECTtON 8.2. DEVELOPMENT STANDARDS. The following standards of develolnent shell apply In the R-3 Zone, except that planned residential te develol~ents Shell cc~ply with h develolnent standards contained tn Sectton 18.5 of this ordinance. The minimum lot area shall he 7200 square feet with a mtnlmum average width of 60 feet and a mtnim~ average depth of 100 feet, unless different mtntmums are specifically required In a particular area. b. The mtntmm front and rear yards sh~11 be 10 feet for buildings that do no exceed 35 feet tn bet Any rtton of I building which exceeds set bec~°frm the 35 feet tn height shall ~t. front Ind rear lot lines no less then IO feet plus Z feet for each foot by which the height exceeds 35 feet. The front setback shall be measured fr~n any existin- or future street line Is shewm on any specific street plln of the County. The rear setback shall be measured frm the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requireant shall be the see as required for a front setback, The mtntmum side yard shall be 5 feet for buildings that do no exceed 35 feet tn height. Any portion of a bull din which exceeds 35 feet in height shall be set beck frm each side lot line 5 feet plus 2 feet. for each foot by which the height exceeds 35 feet; if the side yard adjoins a street, the side setback requirmnent shall be the s~e as required for a front setback, No Structural encroacl~ents shall be the ,to.t. ,tde or re,r ,.rd ,c.pt, provided t. SeetOo. tn this ordinance. No lot shall have mmre than SO percent of 1is ~t area covered with buildings or structures, The maximum ratio of floor area to lot area shall not be greater than t~o to one, not including bms~ent floor area. All buildings and structures shall not exceed 50 feet In hetght, unless a hetght up to 75 feet ts specifically pealteed under the provisions of Section 18.34 of this ordinance. . g, I)eleted, h. Autmob(le storage space shill I~ protided es requtred bY Sectton 1842 of this Ordinance, Mended Effective: 01-15-64 /Ord. 348.251) 01-19-66 '.Ord. 348.422 09-15-7:1 .05-04-72 06-21-73 05-30-74 04-12o7g 03-16-8Z 12-23-82 08-29-85 'Ord. 348.920) ,Ord .' 348.1201 '.ord. ,'Ord. 348.1688) (Ord. 348.25Z0) ATTACHMENT NO. 9 SECTIONS 18.5 AND 18.6 OF ORDINANCE NO. 348 STANDARDS FOR PLANNING RESIDENTIAL DEVELOPMENTS & PLANNING RESIDENTIAL DEVI~,LOPMENTS - SENIOR CITIZF. NS 5\5TAFFILP'~2731417M.PC view 56 SECTZON 28.4. SPECIAL STUDZES ZONES - crOLO GZC REPORT REQUIREMENTS. In addition to the requirenents of this ordinance. all applicant.s, for a spectftc plan of land use, conditional use Farair, public use bonnet., plot p~an or development ~en or certificate of occu ant approval, for , p Ject., en,ed t. ;t.,rsie Cou.V Or,,...=,withi. a spedal studtes zone delineated by the State reologtst pursuant to Sectton 2621 etseq. of the Publlc Resources Code, shall comply wtth a11 of the provisions of RIverside County Ordinance No. 547, and no permit or approval subject thereto shall be granted except tn accordance .lth the Irovtstons thereof. · b. No application subject to the provisions of this section shall be cOa leted for filing, and the ttme limitations for considered ms Ipp~tcatton shall not begin to run, until process1 ng an requt renents under Ordinance NO. 547 hive been cenplet. ed. SECTION 18.5. STANDARDS FOR PLANNED RESZDENTZN. DEVELOP~NTS. Planned residential developments shall be constructed tn accordance with the heroinafter listed requtranents. In addition thereto, planned restclential developments shall be subject to, and shall comply with, Such additional conditions and requtroments as are determined to he necessary tn approvin9 the development to make It camperable with the cmunity in which it ts proposed be located. A subdivision map, prepared substantially tn accordance with the conditions of approval thereof and the requlranents of thts section, shall be recorded pursuant to Ordinance NO. 460. (z) DENSITY, OPEN AREAS AND HEIGHT LIHITATIONS. Not less than 40~ of the net area of a project shall be used for open area or recreational facilities, or a combination thereof. The net area of a project shall be determined by excluding all streets, drives and automobile storage areas. The total norabar of dwelling units in a project shall not exceed that which would be barrotated if the project were a standard lot development. The height of - buildings shall not exceed that which is barrotated in the zone in which the project ts Iotareel. The maxima bemitted density and height limits may 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. (3) YAR~ SETBACKS. Building setbacks frm a proJect's exterior streets and boundary lines shall be the sane as those prescribed by the zone in which the project ls located. In no case shall such building setbacks for any project be less than those prescribed in the R-3 Zone. The einimm building setback frm interior ~rives shall be ten feet. (4) STREETS. Streets, which may be barrotated to be private, shall be required in accordance with the provisions of Ordinance No. 46D. 149 (s) (6) RESZDENTZ& $T~JCTURES. The rimbar of dwelltrig units tn one butlding shell not exceed two In the R-Z Zone and all other zones that penatt planned residential developments ms an R-1 use, or etght d~elllng units tn one latlding tn the R-2 and R-2-A Zones. The rimbar of d~e111ng units tn ·butlding tn the R-3 Zone end el1 other zones thlt pemtt planned residential davelol~ents as R an -3 use shall not exceed that pemitted by the R-3 Zone development standards. bstdentlal Iratidings shall have a mintram ground floor 11~ing area of 1000 square feet end each .. dwelltrig untt tn a butldin shell have the minimum floor living area requtred by Section ZI.ZZ of thts ordinance. RECREATIONAL BUILDINGS. Recreational, public assably and similar buildings may he pemitted within a project if they are tntended for the primary use of persons residing within the project and are located so as not to be detrimental to adjacent prope rttes. (7) HAINTENANCE OF CONNON ARIAS. A cameunity association w~th the unqualified right to assess the owners of the dwe111ng untts for all maintenance, operational end other coSts of the Cammon areas and 1 a a 1 a right to lien the units of the owners who default in the payment of their assessments. The assoctatton's 1ten shall not be subordinate to any encmhrance other than e deed of trust or mortgage made in good faith and for value which is of record prior to the recordation of the lien of the association. Prior to recordatton of the final subdivision 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 final subdivision map. (s) TRASH AREAS. Adequate enclosed trash pickup areas, convenlent to the residents whtch they are tntended to serve, shall be provided · in the project. (g) SCREENING. A six-foot high masonry wall shall he constructed on any project boundary line where the adjacent property is zoned for a lower reSIdential density than that zone in which the project is located. (10) WALKWAYS. Five-foot wide paved pedestrian ~lkw~ys shall be installed between the d~lltng units and the recreational areas of the project. (11) ACCESS. Vehicular access openings into a project shall be limited to one for each 400 feet of public street frontage; however, all projects shall he pemttted two access drives regardless of the mount of frontage. 150 (xz) PARKZNG. Auramobile storage space required shall be as deSstained at the time of tssuance of the con~tional use permit; t..o e..t .h.ll th.re he less t,.n p.rkt.g spac.s one bedtom untt end not less than 2.5 spaces for each untt within tam or more bedrooms. The requtred parking spaces shall he provided enUrelywith the e-velol~ent. Public street parktrig and tandem parktrig shall not he counted tn this requt rment. SECTION. 18.6. PLANNED RESZDENTXA~ DEVE~OPENT$ - $ENZOR CITIZENS. (1.)' When 'tt ts proposed by an pllcant that occupancy of a planned residential e-velopment belVtmtted to senior citizens', the application for the land division shall tnclude the statenant that the &velopment is proposed to be ltmtted to a Senior Ctttzen Rests-ntis1 Development. (z) Senior Citizen Planned Residential Developments shall be constructed in accordance wqth ell of the development requirements of Section 18.5, except as modified herein: .D. ESIGN. The overall development shall be e-signed for ease of use by persons of advanced age. Not less than one accessible route for the handicapped to all on-site facilities shall be provided. Where public facilities exist, such as bus stops, si e-wal ks and drop-off zones, accesstble routes for the handicapped shall be provided. LOCATION. Developments shall be located in areas which offer services to the aged, such as transportation, shopping, recreation and nutrition programs. c. ELEVATORS. No building shall be constructed that exceeds one story in height unless it contains elevators for the use of the occupants. Residential buildings which exceed one story shall provide additional elevators if they are needed due to the rimbar of units or project e-sign proposed. Elevators shall. be spaced in order to minimize the walking distance from the elevators to the residential units. d. RECREATION. C~mnon recreational facilities or buildings designed for senior citizen use shall be provided for the use Of the occupants. MEDICAL. P4dical offices and convalescent facilities, not ~ng hospitals, may be required for the use of the occupants. f, PARKING. The manher of required ~utmobtle storage spaces ~ e-retained in accordance ~th Section 18.12 of this ordinance at the time of the approval of the project; 151 however, n6twtthstandtng any provision tn this orolnance to the contra~J, i t~enty percent reduction tn the total n~ber of requtred vehtcle parking spaces for rextdenttal Purposes may be alloved tf appropriate, and an additional five percent reduction may be Illowed tf the applicant proposes al ternaU ve sent or ct 1t zen transportall on progrmns; however, tn no cue shill the reduction of plridn9 spaces exceed 25 percent of the total spaces requtrod by Section 18.12 of this ordinance. Publtc street parktrig and tandem pa-ktng shall not be counted tn this requtreaent. All requtred parking spaces shall he located entirely ~t+.htn the development, accessible to the units which they serve, and no parking space shall be located more than 150 feet frm the unit it is designed to serve. Parking requtrenentS for other facilities ~tthln the development shall he sub:leer to the provisions of Section 18.Z2 of this ordinance and may not be reduced. HANDICAPPED PARKZNG. Not less than ten percent of the required parking spaces shall be designed and designated for use by the handicapped. Handicapped parking spaces shall be distributed evenly throughout the parking areas. he AGE RESTRICTIONS. The covenants, conditions and restrictions for the development shall requt re 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 Deparl3nent of Housing and Ce~munity Development, Title 24, Part II of the California A~ninistrative Code. Amended Effective: 06-28-84 (Ord. 348.2341) SECTION 18.7· ZONING FOR SENIOR CITIZEN DEVELOPHENTS. Whenever a planned residenti al dave1 opment for senior citizens has been constructed Pursuant to Sections 18.5 and 18.6, or, whenever the Board determines that an area should be considered for senior citizen zoning, the area may be set for hearing pursuant to the provisions of Section 20.1,. et seq., to consider zoning that would limit the occupancy of dwelling units ~thin the area under construction to the hereinafter listed minimum ages. Whenever the zoning symbol in a zone classification on any official zoning plan map is followed by the initials 'S.C.D." (Example: R-I-S.C.D.), each dwelling unit in the area so zoned, that is occupied, shall be occupied by at least one person not less than 50 years of age and no person under 18 years of age shall pemanently reside in any dwelling unit in the-zoned area. 152 ATTACHMENT NO. 10 SECTIONS 1~.101, 19.102 AND 19.~03 OF ORDINANCE NO. ~48 CONGREGATE CARE FACHJTIES STANDARDS S~'rAF~,P't~73~4'rTM.~C vW 57 ARTICLE XIXd *" CONGREGATE CARE RESIDENTIAL FACILITIES SECTIO~ lg.101. INTENT. It is the intent of the Board of Supervisors in adopting this Article to provide alternative housin9 opportunities for those persons capable of independent living who m not need the level of care provided at convalescent facilities. The Board finds that this Article will provide needed housing for those persons who have been identified as impacted groups by the Housing Elmant of the Comprehensive General Plan. The Board also finds that this Article will provide.a standard'for distinguishing between congregate care:residential fatill ties and other mu1 ti-fmtly uses. SECTION development 19.102. DEVELOPMENT STANOARDS. The following standards of shall apply for congregate care residential facilities. a. Density. The allowable density for a project shall not exceed the density permitted by the underlying zoning classification or the applicable General Plan Land Use Category, whichever is less. b. Location. The project shall be located in accordance 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 progra~s. 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 walking distance frm the elevators to the residential units. d. Dwellinq Units. 1. The net livable area for each unit shall not be less than 4~0 square feet for an efficiency unit, 550 square feet for a one-bedrom unit, and 700 square feet for a two-bedrocrn 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 handicap units shall be distributed equally throughout the project. All handicap units shall meet the standards set forth in Title 24, Part II of the California A~inistrative Code. 3. Kitchenettes may be permitted provided that they are sized to meet the immediate needs of the occupants of the unit. 4. No more than thirty percent of the units shall be efficiency units. e. Hallways and Walkways. Hallways should be kept to a minimum length to avoid the appearance Of an oversized 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 accommodate the use of walkers, canes or · other mechanical assistance. f. 0 n Space and Recreation Facilities. Not less than forty percent o~et e net h area of the project.shall be used for open space, recreational facilities, or a combination thereof. Not less than twenty-fig! Percent of the required open space area shall be used for active recreational facilities, such as pool, spa, tennis, and 'gardening.by resi~nts. Recreational, publicassembly'and similar buildings may be permitted' within the project if they are intended for the primary use of persons residing within the project and are located so as not to be detrimental to adjacent properties. Yard Setbacks. Building setbacks frm a project's exterior streets and boundary lines shall be the sme as those prescribed by the zone in which the project is located; however, in no case shall such building setbacks for any project be less than those prescribed in the R-3 Zone. The minimum building setback for interior drives and parking areas shall be ten feet. Buildinq Height. 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 cmpatibility with the area in which the 6evelopment is located. Trash Areas. Adequate enclosed trash pickup areas, convenient to the resiaents which they are intended to Serve, shall be provideC in the project. Trash areas will be screened by a six-foot high decorative block wall. Screening. A 'Six-foot high decorative block wall shall be constructed on all project boundary lines to provide adequate security and privacy. The exterior side of all block walls shall be coated with a protective coating that will facilitate the re~oval of graffiti. i in accordance with Section 18.12 of this ordinance at the time of the approval of the project; however, notwithstanding any provision of.this ordinance to th~ contrary, twenty percent reduction in the total rimbar of requi red vehicle parking spaces for residential purposes may be allowed if appropriate, and an additional five percent reduction may be allowed if the applicant proposes alternative senior citizen transportation programs; however, in no case shall the reduction of parking spaces exceed twenty-five percent of the total spaces required by Section 1B.12 of this ordinance. Public street 281 parking and tande~ parking shall not be counted in this requiranent. All required parking spaces shall be located entirely within the development, accessible to the units which they Serve, and no parking Space shall be located more than 150 feet from the unit it is designed to serve· Parking requiranents for other facilities w~thin the ~velopment shall be subject to the provisions of Section 18.12 of this ordinance and may not be · reduced. Not tess 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 ~esigned and designated handicapped parking SpaCe provided for each handicapped resident. Handicapped parking spaces shall be distributed evenly throughout the parking areas. Access. The number 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· Supportive Services· Services that support the residents shall be provided. At a minimMn the following services shall be provided. 1. Laundry Facilities· One {1) washing machine and dryer shall be provided for every twenty (2D) rooms. 2. Housekeeping and Linen Service· At a minimum, weekly service Shall be provided. 3. ConTnunications. A "panic button." intercom 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 acc~,..,odate all of the residents. The minimu~ room size shall be the product of the proposed maximum n~ber of resi multiplied by five square feet instance shall the central dini feet. dents in the facility per resident; however, in nD ng room be less than 35D square 5. Miscellaneous Facilities. The following services are permitted within a Congregate Care Residential Facility provided they do not exceed five percent of the total building' 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. Public Transit Access· A public transit turnout shall be included Within the project's design. SECTION 19.103· DEVELOPMENT STANDARDS - INCREASED DENSITY. .. A d.nsity incr..se of SO, ov.r that pemitt.d in Section ) above, unless otherwise limited by a Calmunity Plan, may be permitted if the project meets the following additional 9ui de1 ines, 282 Area Services. The following services must be located wi thin the following prescribed · stances: (a) (b) (c) (d) Neighborhood Shopping Center: 1/2 mile. Recreation Facilities with menities designed for the elerly: 1 mile. Hospital Facility: 20 minutes by public or private transportation. Medical Services (Doctor/Dentist): two miles. Nedical Services shall mean the promston of health care by licensed .practitioners at fixed locations ~uring standard office hours. (el E~ergency Services '(Ftre/Parmedic): five minutes by emergency vehicle. (f) Caromunity Services (Social, Educational, etc.): tWO miles. (g) Mass Transit Facility: (1} If a reduction in the required parking spaces is requested then the facility must be locateQ within 150 feet of the project. {2} If a reduction in the required parking spaces is not requested, then the facility must be within 1/2 mite of the project unless transportation is provided by the facility. Project Desiqn. Projects proposed under this section shall meet the following requirements, in addition to all requirements of Section 19.1D2(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 1DD square feet in area. Balconies shall be at least BD square feet in area. (2) Canl~on Open Space. (a) Not less than forty-five percent of the net area of a project shall be use~ for cm:non open space. Not less than twenty-five percent of the required c~n~on open space area shall be used for.active recreational facilities, Such as pool, spa, tenniS, and garpeni ng by residents. (b) Indoor recreational/leisure space shall be provided in the fom of a multipurpose or recreational roam. The size of the roam shall be based on the ratio of 15 square feet of floor area per unit provided. In no instance shall the roam be less than 1,ODD square feet. b. Access. The number and location of vehicular access openings into a project shall be as specified by the Road Canmtssioner. Projects must be located on a street with a minimum BB-foot right-of-way, within 150 feet of a mass transit facility, or must provide appropriate transportation for residents. 283 Densit . A density increase of 100 percent over that permitted in ~19.102(a) above, unless otherwise limited by a Community Plan. 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 owl ng prescri bed dt stances: a. Neighborhood Shopping Center: 1/4 mile. b. Recreation Facilities with enenities estgned for the elderly: 1 mile. 'c.. Hospital Facility: ZO minutes by public or private transportati 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/Parenedic): five minutes by energency vehi cl es. f. C~munity Services (Social, Educational, etc.): one mile. g. Mass Transit Facility: {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 Design. Projects proposed under this section shall meet the following requirenents, in addition to all requirements of Section lg.102{c) through {n). a. space. Private Open Space. Each unit shal 1 be provided witn private useable open space. Patios shall be at least IOD square feet in area. Balconies shall be at least 8~ square feet in area. {2) C~i.l,on O en Space. {a) Not Vess than fifty percent of the net area of a project shall be used fo~ c~mon open space. No less than twenty-five percent of the required common open space will be used for active recreational facilities, such as pool, spa, tennis, or gardening by residents. (b) Indoor recreational/leisure space shall be provideO in the form of a multi purpose 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 1,000 square feet. Access. The n~rnber and location of vehicular access ooenings into a project shall be as specified by the Road Cb,..issioner. Projects must be located on a street with a minimum 66-foot right-of-way, Within 150 feet of a mass transit facility. or must provide appropriate transportation for residents. 284 · c. An increased density project must be located a minimum ~stance fro~ any other increased density project equal to the product of the n~ber of units of the larger project multiplied by 50 feet; provided, however, that in no event shall the minimum distance ~between any two increased density projects be less than 1,320 feet. SECTION 19.104. RESTRICTIONS. a. The ivelopment shall be open to those residents who are capable of ~snonstrating the mental cmpetence 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 dressi rig, gromtng, bathing and other personal hygiene; 2. Assistance with taking'medication; 3. Central storing and distribution of meditations; 4. Arrangement of and assistance with medical and ~ental care; and 5. Maintenance and supervision of resident monies or property. Added Effective: 1-15-87 (Ord. 348.2643) 285 'ATTACH]VIENT NO. 11 SCHOOL DISTRICT ~-~-TTER S~STAFF~I4TTM.PC v'tw 58 TEMECULA VALLEY Unified School District SUPERINTENDENT Pitrice n Novotnly, Ed.D. BOAIqD O~ EDUCATION Dr Dawd I:ur~ch Ros~e VanOerhaak 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 / Ternecula. CA 92592 1 (714) 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~Valley Unified School District Dr. Patricia Novo~tn9 Superintendent PN/bk A~I'ACHMENT NO. 12 ARTHUR ANDERSON STUDY DEV]~ OPMENT PROGRAM RECOMMENDATIONS DEV~LOlm~,~EITr PROGR~I~ Patio Residential Congregate Skilled Nursing/ Personal 'Care Senior Center . Total TAW~ IX-1 liestar Plan Smmmry ~4~ield Site 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 desig~ purposes has been segregated into five pl-~n~ areas corresponding to the different uses included. Planning Area I, designed for active adult patio/townhome products, has 30.34 acres, while pla~ing Area lI, designed for the congregate care living facility, has a total 6.75 acres. The skilled nursing/personal care facility has been planned on 1.el acres in Plmn~tng Area III, while the golf course encompasses 11.29 acres in Pla~-ing Area IV. Finally, the senior community center within Pl-~ing Area V has been designed on 2.49 acres. A total of 518 dwellin; units are included in the master plan, yielding an overall density of 9.83 rumits per acre. Active Adult Patio/Tovmhomes and Golf Course Pl-n~qng Area I includes 240 patio/townhomes clustered in duplex and fourplex structures, (See Table IX-2). Each u~it has been designed with a rear patio which opens up to either open space or golf course frontage. Townhome units have been piaced at ~he ~nterior of the fourplez clusters to allow for second floor 'or loft ~tndow oppor~xmtttes, which is a major marketing issue for these tTpes of~nlts with patio units poslt!oned at the end of clusters. Fourplexes have been clustered in che victzd~y of 2olf course greens so that.prime golf course Views compensate for kigher dm~mi~teS with respect to pricing end marketabilttT. FOur to five floor plm~e are recommended for the development, with en average u~tt size of approximately 1,150 square feet. An average base price of ~105 per square foot in 1992 dollars is thought Co be aeh4evable wt~h en average unit premium of $10,000. The recon~ended phasing plen calls for three increments of development, each with 80 ~ntts and constructed in successive years from 1993 to 1995. Monthly absorption is estimated at five to eight xmtts. A 5,000 to 6,500 square foot recreational factltty should be the centerpiece of the commtmt~y offering a range of ezercts~ facilities alon~ wtch activt~ rooms for billiards, cards end related activities. The golf course associated vi~h ~he development is a small n~e hole design. AchieVable daily 2re--n fees in 1992 dollars are estimated at ~$ per round with a ~272 m--ual fee, which is a 15 percent discount from daily greens fees ass~nin2 40 rounds m--~ally. This m--ual fee is recommended as a discount program to homeowners within ~he Communit7~- A 1,200 square.foot pro shop/starter facility is recommended for the Course. No food or beverage facilities are recommended for incorporation in ~lxe starter facility based on its proximity to residential units. Although we have not completed any market investigations with respect to the potential performance of the course. we believe that it is a community amenity which will produce significant value. Even as a small course it provides the community with enhanced marketability to a ~arget market which is keen on recreational activities and lifestyle and allows ~he project uo compete effectively with other competitive communities offering a similar amenity. In addition, the course produces substantial financial returns for the project by allowing frontage premiums for the patio/townhomes aside from the operat~ revenue generated by the course itself~ Cohere&ate Care Livin~ Faci!i~ A 200-uni~ Congregate Care Living Facility has been designed in P]-~-ing Area II, (See Table IX-S), with the unit mix of ~0 studio units, 80 1-bedroom units, g0 2-bedroom units and a common area of 2~,000 square feat. The average studio unit size in the project has be~n designed at ~20 square feet, while r. he average 1-bedroom is ~S0 square feet. Units with 2-bedrooms have been designed at 1,000 square feet. Con~on area features in the proJec~ are reconnnended t' include kitchen facilities of approximately 1,000 square feet, dinin& facilities with seatinK capacity of 130 interior seats and exterior patio 25 seats. Recreation facilities should include: activity rooms for cards, television, library and billiards; service facilities such as a beauty salon, barber shop and conv-~4ence store; en exercise facility, apool/spa; end men*s and vomen's locker rooms. Achievable monthly rental rates expressed in 1992 dollars are estimated at 5998 per month for studio units, 51,500 per month for 1 bedroom units end 52,037 for 2 bedroom tmi~s. An achievable double occupancy £ee is at 3475 in 1992 dollars. Stablized occupancy has been projected at 90 percent, occurrinK in 1996. The recommended service packaZe included in ~he monthly rental fee is 45 meals per month, veekly maid and linen service, unit medical alert systems, utilities and scheduled trn~portation. I~KV.~/,OI~ F~OG~'M N~COIe,"Ju~UATIONS I'X-8 Cox~reSste Care Live-_- Facilit7 Development ProSfen Xec~endations 200 Averale'lhrl. t Size - Studio - 1-Bedroom - 2-Bedroom 420 sq. ft. 650 sq. 1000 sq. Unit Mix Units Percentaae - St"udio 40 20.0~ - 1-Bedroom 80 40.0% - 2-Bedroom 80 40.0% Renc&l Bates (1992) Studio 1-Bedroom 2-Bedroom Double Occupancy (additional) 998 1,502 2,037 475 Per So. Ft, $ 2.37 2.3l 2,04 Stabilized Occupant7 Stabilized Year Service Package Included imRentel Fee: 45 Meals Per Month Weekly Maid and Linens - Unit Medical Alert Sysc*m- - Utilities - Tr~-~porCation Co~onLTea Featurea - Marketin~ OffiCe - Kitchen Facilities - DiDtn~ Facilities - LounZe/Card Room - Exercise Room - Salon and Barber Shop - Library - T.V. Room - Adminiscrative Office - Convenience Shop - Mail Room - Billlard Room - Pool/Spa - Men's Locker Room - Women's Lod3cer Room parwt-[ (Joint with skilled nurs{-~ facility) 90.0% 1996 25,000 sq. ft. 1,000 sq. ft. 155 seats 175 spaces DEVELOI'/~EFZ ~OG'~.~ I~CO~q~1)LTZORS Skilled Nur~ipe/Personal Care Faciliw A 50-bed skilled nursin2 facility linked to2e~her vi~h 50-unit personal care facility is reconmended in Pl---~n2 Area III, (See Table IX-4). The linkaZe betveen the tvo £acilities is a 12,200 square foot common area designed for administrative or£iges, a d~-~n~ facility vt~h 60 Seats, kitchen facility o£ about 600 square feet, a lounZe/TV room and a library. The skilled nursin~ facility is recommended to have 6 private rooms and 4~ semi-private rooms. The a~eraSe size or both the personal care ~cs and ~he skilled nursin~ rooms are estimated at 400 square feet. The achievable averaBe monthly service fee for personal care units is estimated at $2,055, while skilled nursin~ rates for private end semi-private accommodations are estimated at ~125 and ~100, respectively (1992 dollars). Based on the occupancy characteristics of other facilities, an occupancy mix x the proposed facility has been estimated as 50 percent private insurance~ 37 percent ~ediCal and 13 percent ~edicare. Stablized occupancy has been projected at 90 percent for the skilled nutsin& facility and 85 percent for the personal care facility. The first stablized year for bo~h the personal care facility and the skilled nursin~ facility is pro3ected to be 1996. Dzv~x,O~nn~ P~OCRAM N~ECOIe!II1TDATIOI~ Pl~"-t-~_ area Ill Skitled BursinlfFersontt Care Facilt=y Development Progin iecm~daCions l,,ber of S!dlled Burst-_- Beds - Private - Send-Private HumbeT of persouse1 Care Units AveraBe Unit Size - Personal Care - Skilled Hursiz~ SidlledWors~x& Dai/,V FaCes (1992) - Private Boom - SeBi-Private Boom Personal Care aonraxlX Service Fee (1992) - - SizZle Occupancy - Double Occupxucy (additional) Skilled Burs~a20cu.~ancy Mix - Private Insurance - MediCal - MediCare Stabilized Occupant7 - Skilled Nursin2 - Personal Care Stabilized Year CoemonArea Fea~es - Adm4-4strative Offices - DininS Facilities (60 seats) - Kitchen Facilities (1,000 sq. ft.) - LotmSe Area/T.V. Boom - Librat7 50 6 50 400 400 $125 95 ~2,055 $450 50~C 37~ 13~ 90X 85~ 1996 12,200 sq. sq. sq. Senior-0rie~ted Connnunitw Center X 2.49 acre parcel on ~he site has been set_aside for development as a senior- oriented contempt7 center. It is assumed that this parcel viII be deeded to and developed by the Cit? o~ Tenecula. Conversations with individuals in the City's parks end recreation department identified the communities of Irvine and Rancho Bernard0 as havin2 model facilities end proZr-~. As part o£ our market analysis we conducted a surve~ of the centers in these comnnnlities as veil as a n~mber of others. In 8eneral, the facilities ranZed in size from approximately 10,000 to 15,000 square feet, situated on between 1 end 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 well. The centers provide a .wide array of recreational programs and activities in addition to a daily hot lunch program. These activities include card clubs, educational classes, exercise classes, doctor screenings, legal advice, and shopping and si~e-seeing excursions. The facilities provide services to between 100 and 250 seniors daily. Facility profiles for chose senior centers surveyed follows. Basic Features SUBJECT TO C A-s'4GE IRVINE SENIOR CENTER Irvins, CA Summary of Services Nov-91 Operating Hours: 8:00am - 5:00pm M-F Size: Approximately 2 Acres Building: 11,000 SQFT ,, ', Single Story Year Built: 1978 Contact Person: Telephone Number: Jeff Calhoun 714/724-6800 3 Sandburg Way · Irvine, CA |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 housing 10-12 card tables seating 4 persons each; a multi-purpose room with an approximate capacity of 175 persons; a library; s full service kitchen; and a ballroom with a stage. Recreational Programs/Activities Programs Coordinated with Local and State Programs City-Sponsored TRIPS Program OutTeach Program Live Bands Playing Big Band-Era Music Language Classes Relaxation Classes Aerobics Billiards 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 equipmen~ and furniture used by the center are donated. The staffing varies as the number of seniors and the number of programs offered varies. Another source of funds is through ram[ 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 - 4:30pro M-F Approximately 1 Acre · SQFT Not Available Single Story 1989 Con~c~ Person: Telephone Number: Address: Francis Bass 619/487-9324 18402 Bernardo Drive Rancho Bemardo, CA 92127 Recreational Facilities The structure consists of approximately 6 offices, 3 of which bel0~g to the senior center for the Director, Office Manager, and Staff; a large multi-purpose room (hall) v-n~ an approximate capacity of 130 persons; a smaller multi-purpose room (hall) with an approximate capici~/ 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 facility; and a sspars~e privately-owned tennis court fqcili~y. Recreational Programs/Activities Dances Cards (Bridge, Pinnocle, Etc.) Fund Raising Events (Bake Sales, Walk-a-thons, Etc.) Excercise Classes (Aerobics, Karate, ETC.) Mad(care Consultation Widow / Widower Group Meetings Travel Club ( Small Trips) Educational Classes (Writing, Geography, ETc.) Fashion Shows Bingo (Fridays) Computer Classes Legal Advice Doctor Screenings Lawn Bowling Tennis Food Services No Daily Services Pot Lucks and Picnics are Common Comments Employees: Full-Time Director NIl-Time Office Mana0er Part-Time Maintenance Assis13m Part-l~me Representative Provided by Adult Protective Services Varying Part-Time Staff Depending on the Daily Activhies This is s very active senior center with daily visits approximating 100-200 person=. Them are approximately 100 regular volunteers providing over2,000 hours of sent(ca per year. Staff and volunteers put out s monthly newsiGner / calendar to all members. The local Chamber of Commerce dir~ributss limited copies of the newsle~tar, and all mars ~fe mailed to the members only. The center receives no funding from the city and minimal funding from the ~tate. It relies mainly on limited donations, extensive fund-raising, and periodic hall rentals. The center is 2 ytars old and has approximately 1500 members, The center's ecluipment and furniture are both donated and purchased. Basic Fea~res Operating Hours: .-' 8:00am - 5:00pm M-F Size: Approximately 2 Acres · -. Building: ' 15,400 SQFT Tw~ Stow Year Built: 1989 (New) Summan/of Servica~' "~ ~ .t ~/~..~ ,~.: ~',~"t .-~ __ Co~ Pe~on: MaCAnn Telephone Number: 619 / 4~127 Addrm: 799 P~e Avenue Cad~ad, ~ 92008 Recreational Facilities The structure is approximately 28,300 square feat in size, however, ~a senior center only occupies 54% or 15,400 scluara fee*, 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 feat in ~ize and divisible into 3 smaller rooms . if needed; 4 offices - I for the coordinator and 3 for approximately 5 other full- and part-time ateif; a small conference room; an art studio; a dance atudio; 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 Classea through Maricosta College Foreign Language Classes Musicals Dances Doctor Screenings (Skin, Eyes, Etc.) Arts and Crafts Movies Legal Counseling (Mainly Wills) Various Seminars Board Games Insurance Counseling Travel Preaonuttjona Nutrition Program Live Bands Bus Services · Food Services Lunch is aerved daily to seniors for a donation of $1.50 and to all others at a cost of $2.50. The average menu consists of an appetizer, main course, fruit, vegetable, occasional dessert, and a choice of milk, tea, or coffee which is served to approximately 150 persons a day. There is also a dagy "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 ere catered in from the local nu~i~jon center. Comments Full-Time Employees: Coordinator Secretan/ Nutrition Site Manager Part-Time Employees: 2 Facility Maintenance Assimn~s 3 Van Drivere Management AsSistant to Coordinator 2 Receptionira The center has approximately 15Q, rsgular volunteers who donate over 3,000 hours of their time per year. The center receives most 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. atc. The bugdang is share with the CarLtbad Unffied School District as well as the local nutrition center. A newsletter / calendar is diiq~ibuted to all members on i monthly basis. Basic Feelyres Operating Hours: Size: Building: Year Built: 8:00am - 4:00pm M-F · Approximately 2 Acres 13,000 SQ FT Single Story 1980 Contact Person: Telephone Number: Address: Maureen 6191 966-4144 455 Country Club Lane 0ceanside, CA 92054 ReCreational Facilities The ro'ucture consists 'of 3 offices - 1 housing ~e Director, I housing the Assistam Director, and 1 housing paralegals, tax advisors, and insurance advisors; · large mUlti-purpose room used for the nu~jii~on and recreation programs with an approximate capacity of 240 persane; a smaller multi-purpose room divisible into either 1 large room with an approximate capacity 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, Medicare) Exercise Classes Line, Round, and Tap Dancing Cards Board Games Blood Pressure Tests Ear and Eye Exams Fund-Raising (Craft .Fairs, Pancake Breakfaro, Raffles) Travel Program Legal Counseling Educational Classes Ar~ end Crafts Choir Group Nutrition Program Shuffleboard Horseshoes Food Services Lunch is served daily to seniors for a donation of $1.75 end to all others at a cost of $2.50. The average menu consists of an .appeTber, 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. Full-Time Employees: Director Assistant Director Maintenance Assistant Part-Time Employees: 2 Additional M~ntenance Assistants The center has at least 12 regular volunteers on a dally basis and approximately 200 each month. In addition, · volunteer or senior,member donates time daily as the center's receptionist The center receives state funding mainly for its nutrition center and very limited city funding. It does amiss additional funds through the renal of its facilities for weddings, receptions, meetings, etc. The income derived frr rental activities is given back to the City of Oceanside for use in various city programs such as the senior center. A newsletter / calendar is distributed To all members on l monthly basis. Basic Features Operating Hours: Size: Building: Year Built: 9:00am - 5:00pro M-F -Approximately 2 Acres Approximately 15,000 SQ FT Two Story 1976 Contact Person: Telephone Number: Address: Ran Cole 714 1929-0086 305 East Devonshire P.O. Box 387 Hemst, CA 92546 Recreational Facilities The structure consists of 7 offices utilized by the center manager, information manager, volunteer coordinator, nutrition manager, and various full- and part-time ~aff; a multi-purpose room with an approximate capacity of 400 persons (divisible into 2 room if needed); a senior wing witJq an approximate capacity of 200 persons (divisible into 2 rooms if needed); e dining room with an approximate capacity of 180 persons; and a full service kitchen. Recreational Programs/Activities NUtTitiO~q PrOgram Prime of Life Program Blood Pressure Tests Medical Seminars Occasional Doctor Screenings Outreach Program Travel Program Housing Program Sunday Sing-Atongs Bus Services Retired Senior Volunteer Program Am and Craf~ Pennere Help Program Cards Board Games Dancercise 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 consists of an appetizer, main course, froSt, 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. Full-Time Employees: Center Manager Information Manager Nutrition Manager Volunteer Coordinator Staff Assistam Part-Time Employees: Rental Assistant°for Set-Up and Cleaning The center has approximately 12 dail~f volunteers assisting Is many Is 400 daily visitors. The center receives a decent amount of city Jnd st3te funding and also has an occasional fund-raiser. In addition to the employees listed above, the center also contracts with a local cleaning company for representatives to come and clean the facilities on a regular basis. A newsletter / calendar is distributed to all members on a monthly basis. Basic Features Operating Hours: 8:00am - 5:00pro M-F Contar, Person: Karen S!ze: . Approximately 2 Acres Telephone Number: 619/323-5689 Building: 12,000 SQ FT _ Address: 480 South Sunrise Single Story Palm Spdngs, CA Year Built: 1990 92262 Recreational Facilities The structure 'consists of approximately 6 offices which' are used by or for (1) ~e executive director, {2) the administrative assistant, (3) the Outreach director, (4) Board meetings, (5) special meetings, and (6} 6 office staff; a main lounge with a fireplace, sobs, and chairs for small conversations; an auditorium with an approximate capacity of 285 persons; a 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 (Medicare, Prescription Drugs, Etc.) Medical Screening Blood Pressure Tests 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 Orchestra Group Choir Group Board Games Cards Food Services Lunch is served daily to guests of all[ages for a donation of $1.50. The average menu consists of an al~petizer, main course, fruit, vegetable, dessert. and a choice of milk, tea, or coffee. Comments Full-Time Employees: Executive Director Administrative Assistant Outreach Director Secretary Maintenance Assistant Pan-Time Employees: Title 5 Program ,Representative Provided by the City of Riverside The center has approximately 100 regular volumeera 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 rental of its facitilites for weddings, receptions, e~c. A newsletter / calendar is distributed to ell members on a monthly basis. ATTACHMENY NO. 13 MISCF, LL~kNEOUS CORRESPONDENCE ~ECE!V73 · 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 to 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, Kim W. Eldfidge 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 Pauba ~ / Temeeula, A, tLh~,a 92592 / 714476-8111 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 Adam 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 Pauba Road / Tentada, California 92592 / 714-676-8111 RALPH DO~NETTE ~',h.,C't Ex~cullv~ (")lf~C~t July 14, 1992 Mr. Kate1 Lindemans City of Temecula 43172 Business Park Temecula, CA 92390 Dre 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 the vltal 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 the 60 churches in Arizona. This development on the Linfield Christian School property appears ~o 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. I= is my hope that the Planning Committee and City Council of Temecula will give the green light to this most needed development. The combination of Patio/Townhomes, Congregate Care and SKilled Personal Care complex will provide a unique community for the growing senior'population of Southern California. We would be mcst pleased to direct the senior members of our churches to take residence in euch a community. Mo ncere,ly rs, Ralp arnette RD:lrl A Financial Ministq/$etwng the Ch~lmn Churches Of Calitorn~! 905 S, Euclid Street, Fullsnon, CaHforrlia 926~12 Tolophone' (114) 447-0804 · FAX (114) ~41-8585