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HomeMy WebLinkAbout101695 PC AgendaTIf~IECULA PLANNING COMMISSION October 16, 1995, 6:00 PM Rancho California Water District's Board Room 42135 Winchester Road Temecula, CA 92390 C~JJ- TO ORDER: ROLL CALL: Fahey, Miller, Slaven, Webster and Ford 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) min:lt~; 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 filed with the Commission Secretary. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be filed with the Planning Secretary before Commission gets to that item. There is a three (3) minute time limit for individual speakers. COMMISSION BUSINESS 1. Approval of Agenth 2. Director's Hearing Update PUBLIC HEARING ITEMS Case No: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: PA95-0078 CCL/BCI Rancho California Road and Promenade Chardonnay Hills Road A request for approval of a Development Agreement to reduce development impact fees payable to the City and establish a time schedule to complete the Recreation Center. Negative Declaration Saied Naaseh Recommend Approval Case No.: Applicant: Planner: Recommendation: Devdopmoot Code City of Temecula John Meyer Recommend Approval PLANNING DIRECTOR'S REPORT PLANNING COMMISSION DISCUSSION OTI~--R BUSINESS Next meeting: November 6, 1995 - Regular Harming Commition meeting ADJOURNMENT ITEM #2 MEMO~ TO: FROM: DATE: SUBJECT: plnnnin~ Commission Gary Thornhill, Community Development Director October 16, 1995 Dimctor's Hearing Case Update The following cases were appmved at the planning Director' s Hearing in September 1995: September 14 September 21 September 28 PA95-0059 · Single Story Bank Building Architects Coombs - Mesqnita, Inc. PA94-0118 · TPM 28049, Condominium Subdivision Quality Associates PA95-0053 · Revision to an Appmved Tentative Map NWC of Lyndie 1-qne and Rancho California Road Rancho Commercial Center, A California Limited Partnership Attachment: 1. Action Agendas for September 1995 - Blue Page 2 ATTACHMENT NO. 1 ACTION AGENDAS ACTION AGENDA TE1VIECULA DIRECTOR'S I~,ARING REGULAR MI~,I~,TING SEPTEMBER 14, 1995 1:30 PIVI TEMECULA CITY HAT J, - MAIN CONFERENCE ROOM 43174 Busin~s Park Drive Temecula, CA 91590 CALL TO ORDER: Debbie Ubnoske, Planning Manager PUBLIC COM1V[ENTS A total of 15 minutes is provided so members of the public can address to the Senior Planner on items that axe not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Senior Planner about an item ngt listed on the Agenda, a pink "Request to Speak" form should be fried out and fried with the Senior Planner. When you axe called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be fried with the Senior Planner before that item is heard. Them is a three (3) minute time limit for individual speakers. PUBLIC B'F. ARING Case No: Applicant: Location: Proposal: Environmental Action: Case Planner: Recommendation: ACTION: ADJOURNMENT PA95-0059 Architects Coorobs * Mesquita, Inc. Southwest Corner of Ynez Road and Winchester Road Construction of a single story bank building with drive up tellers and modification to existing parking lot. Reaffirm previously adopted negative declaration for Plot Plan No. 2, Revised Permit No. 1, Amendment No. 1 Stephen Brown Approval APPROVED R:\DH~I~EAR~AGENDAXg-14-95.AGN 9/14/95 ACTION AGENDA TEiVIECIHdI_ DIRECTOR'S WI~.ARING REGULAR IV~.~'-TING SEPTEIVIBER 21, 1995 1:30 P1VI TEMECULA CITY H~Tff, - MAIN CONFERENCE ROOM 43174 Business Park Drive Temecula, CA 92590 CAtJ, TO ORDER: Debbie Ubnoske, p|annlrlg Manager PUBLIC COIVIME~NTS A total of 15 minutes is provided so members of the public can address to the Senior Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minUteS each. If you desire to speak to the Senior Planner about an item not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Senior Planner. 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 Senior Planner before that item is heard. There is a three (3) minute time limit for individual speakers. PUBLIC FI'F. ARING Case No: Applicant: Location: Proposal: Environmental Action: Case Planner: Recommendation: Planning Application No. 94-0118 (Tentative Parcel Map No. 28049) Quality Associates, Inc. West of Pujol Street, appro~dmately 2,200 feet south of the intersection of 1st and Pujol Streets A one parcel condominl.m subdivision Categorical Exemption Matthew Fagan Approval ACTION: CONTI1N'trF~ TO OCTOBER 5, 1995 DIRECTOR'S ltFARING ADJOURNMI~T ACTION AGENDA TEMECULA DIRECTOR'S FFF~AR.ENG REG~ MEETING SEPTEMBER 28, 1995 1:30 PM TEMECULA CITY HALL - MAIN CONFERF~NCE ROOM 43174 Business Park Drive Temecula, CA 92590 CALL TO ORDER: John Meyer, Senior Planner PUBLIC COMMENTS A total of 15 minutes is pmvidecl so members of the public can addiess to the Senior Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Senior Planner about an item no_St listed on the Agenda, a pink "Request to Speak" form should be fried out and fried with the Senior Planner. 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 Senior Planner before that item is heard. There is a three (3) minute time Limit for individual speakers. PUBLIC HF. ARING Case No: Applicant: Location: Proposal: Environmental Action: Case Planner: Recommendation: Planning Application No. 95-0053 and subsequent development projects Randno Commercial Center, A California Limited Partnership Northwest corner of Lyndie Lane and Randno California Road A revision to an approved tentative map from three (3) to seven parcels and subsequent development of 73,000 square feet of commercial development on the parcels. Mitigated Negative Declaration Matthew Fagan Approval ACTION: AlPROVED ADJO~ R:I.DtR~F-AR~AGF_NDA\9-28-95.AGN 9128195 ITEM #3 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION October 16, 1995 Planning Application No.: PA95-0078 Amendment and' Restatement of Development Agreement No. 5 for Final Tract Maps 23100 - 1,23100 -2, 23100-3, 231004, 23101-2, and 23101-3, within Specific Plan No. 199. Prepared By: Saied Naaseh, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: 1. ADOPT the Negative Declaration for PA95-0078; and ADOPT Resolution No. 95- recommending approval of PA95-0078 by City Council, based upon the Analysis and Findings contained in the Staff Report. APPLICATION INFORMATION APPLICANT: BCI/CCL REPRESENTATIVE: Charles Kluger PROPOSAL: A Request for Approval of a Development Agreement for Final Tract Maps 23100-1, 23100-2, 23100-3, 23100-4, 23101-2, and 23101-3, within Specific Plan No. 199. LOCATION: Located at Rancho California Road and Promenade Chardonnay Hills Road EXISTING ZONING: SP (Specific Plan) SURROUNDINGZONING: North: South: East: West: SP (Specific Plan) SP (Specific Plan) SP (Specific Plan) SP (Specific Plan) PROPOSED ZONING: N/A GENERAL PLAN DESIGNATION: Low Medium Density Residential (3 to 6 dwelling units per acre) EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: West: Single Family Dwellings Single Family Dwellings Single Family Dwellings Single Family Dwellings PROJECT STATISTICS Number of Lots: Existing Development Agreement Fee: Proposed Development Agreement Fee: 111 e5,271.00/Unit $3,000.00/Unit BACKGROUND On November 7, 1988 Development Agreement No. 5 was approved by the County of Riverside for the Margarita Village Specific Plan (S.P. 199) which includes Tracts 23100-1, 23100-2, 23100-3, 23100-4, 23101-2, and 23101-3. BCI/CCL was the silent partner with Bramalea in the Chardonnay Hills tract (refer to Exhibit A for the Vicinity Map). BCI/CCL has taken over the partnership and will be building out the tract. Recently BCI/CCL approached the City to execute an Amendment and Restatement of this Development Agreement in order to receive a reduction in the Development Agreement fees. As a first step in the process, the City and the developer entered into a Memorandum of Understanding (MOU) 0n September 12, 1995 which was included for the Planning Commissions' information with the August 21, 1995 Packet (refer to Attachment No. 4 for the City Council Staff Report and the MOU). This MOU authorizes the collection of $3,000.00 per unit Interim Public Facility Fee when the owners obtain a Certificate of Occupancy for the first production home built in the project. Moreover, the developer has committed to complete the Recreation Center on or about December 10, 1995. This Recreation Center has been the center of controversy since the original developer, Bramalea, did not complete it in a timely manner consistent with the Conditions of Approval. These commitments set the foundation for the Amended and Re-Stated Development Agreement. PROJECT DESCRIPTION The proposed Development Agreement Fee includes only an Interim Public Facilities Fee and has eliminated other fees associated with County approved Development Agreements such as the Regional Parkland Fee, Habitat Conservation Fee, and Public Services Offset Fee. Interim Public Facilities Fee The Amended and Re-Stated Development Agreement has a duration period of ten (10) years and applies to the following Tracts: 23100-1,23100-2, 23100-3, 23100-4, 23101-2, and 23101-3. These tracts contain 111 single family lots. The Interim Public Facilities Fee will be S3,000.00 per unit and will be paid for the first five (5) years of the term of the Agreement. After this period, the developer will either continue to pay the Interim Public Facility Fee of $3,000.00 or such other Public Facilities Fee adopted by the City and applied to other residential projects. ANALYSIS Fees The existing approved Development Agreement No. 5 fee includes the following fees: Public Facilities Fee Regional Parkland Fee Habitat Conservation Fee Public Services Offset Fee $2,331.00 9431.00 9320.00 92,189.00 Total Development Agreement Fee $5,271.00 According to the County, all County approved Development Agreements have a section which purports to require the split of certain fees between the County and a city should any portion of the property covering the agreement become part of a city. That section provides that the Regional Parkland Fee ($431.00), and the Habitat Conservation and the Open Space Land Fee (9320.00)would continue to be fully payable to the County. Additionally, two-thirds (2/3) of the Public Services Offset Fee (92,189.00)and 5.3% of the Public Facilities Fee (92,331.00) would be payable to the County. Therefore, according to the County, a total of 92,333.87 is payable to the County from the 95,271.00 Development Agreement Fee, leaving $2,937.13 as the City's portion of this fee. The proposed $3,000.00 Interim Public Facilities Fee is greater than $2,937.13, City's portion of the existing Development Agreement Fee, should the County interpretation of the fees be used. However, the City Attorney contends that the County's interpretation of the Development Agreement is not in accordance with State law which provides that the benefits of a Development Agreement as well as its burdens transfer to a City upon incorporation. As the property which is the subject of this Development Agreement is now within the City boundaries, it is the City Attorney's opinion that the County is no longer entitled to any fees under the Development Agreement. Recreation Center As a part of the MOU and the Development Agreement, the developer has committed to complete the Recreation Center on or about December 10, 1995. To insure the completion of the Recreation Center by this date, the developer and staff have agreed on a construction schedule that ties the completion of the Recreation Center to the inspections of the production homes. The following two milestones are set: Production home slab pours cannot start until the Tennis Court is poured and framing inspection is completed on the pool equipment building on or about October 9, 1995. e Framing inspections for production homes cannot start until a final clearance is issued for the Recreation Center site on or about December 10, 1995. For a complete construction schedule refer to Attachment No. 5. EXISTING ZONING AND GENERAL PLAN DESIGNATION This project is consistent with the General Plan since the General Plan currently designates the site as Low Medium Density Residential and the approved development project which is implemented by this Development Agreement is consistent with this designation. This project is consistent with Specific Plan No. 199, since the development project which is implemented by this Development Agreement meets all the requirements of this Specific Plan. ENVIRONMENTAL DETERMINATION A Initial Study was prepared for this project and it revealed no significant impacts. Therefore, Staff recommends adoption of a Negative Declaration (refer to Attachment No. 3 for a copy of the Initial Study). SUMMARY/CONCLUSIONS Since other projects have received reductions in Development Agreement fees, Staff supports approval of this project. FINDINGS The Amendment and Restatement of Development Agreement No. 5 is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that the Development Agreement makes reasonable provision for the use of certain real property for residential development and is consistent with the General Plan Land Use Designation of Low Medium Density Residential. The Amendment and Restatement of Development Agreement No. 5 is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Property subject to the Development Agreement is located as the Development Agreement provides for single family homes. This Development Agreement is consistent with good planning practices by providing for the opportunity to develop the Property consistent with the General Plan. The Amendment and Restatement of Development Agreement No. 5 is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of housing opportunities compatible with the remainder of the City. The Amendment and Restatement of Development Agreement No. 5 will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof. Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least twenty (20) days before the Planning commission public hearing, and mailed or delivered at least twenty (20) days prior to the hearing to the project applicant and to each agency expected to provide water, R:',Sl'AFFP, P~78PA95.PC 9/26/95 m 4 sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll. Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description and text or by diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies. The Amendment and Restatement of Development Agreement No. 5 complies with the goals and objectives of the Circulation Element of the General Plan. The traffic impacts of the development over the period of the Development Agreement will be substantially mitigated by the mitigation measures and conditions of approval imposed. The Amendment and Restatement of Development Agreement No. 5 complies with requirements of the zoning district in which the applicant proposes to develop in that the Specific Plan zoning of Medium Density Residential is consistent with the Low Medium Density Residential General Plan Land Use Designation. The benefits that will accrue to the people of the City of Temecula from this legislation and this Amendment and Restatement of Development Agreement No. 5 are as follows: City and Owner acknowledge that development of the Project will result in: a. Generation of municipal revenue; b. Construction of Public infrastructure facilities; Enhancement of the quality of life; including residential opportunities for present and future residents of the City; The opportunity for an adjacent residential-commercial project creating significant job opportunities, sales tax and ad valorera tax revenues for the City; e. Payment of Public Facilities Fees (fire and traffic signal mitigation); and, f. Participation in special assessment districts to finance City and regional infrastructure improvements. Attachments: 2. 3. 4. PC Resolution No. 95-__ - Blue Page 6 Ordinance No. 95- - Blue Page 10 initial Study - Blue Page 15 City Council Staff Report for the Memorandum of Understanding, September 12, 1995- Blue Page 30 Construction Schedule - Blue Page 31 Proposed Amendment and Restatement of Development Agreement No. 5 - Blue Page 32 Exhibits - Blue Page 33 A. Vicinity Map ATTACHMENT NO. 1 PC RESOLUTION NO. 95- ATTACHMENT NO. 1 PC RE~0LUTION NO. 9~- RE~OLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL BY THE CITY COUNCIL OF AIVIENDIMYNT AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 5 BETWEEN THE CITY OF TEME, CULA AND BCI/CCL FOR FINAL TRACT MAPS NO. 23100-1, 23100-2, 23100-3, 231004, 23101-2, and 23101-3, WITHIN SPECIFIC PLAN NO. 199 (PLANNING APPLICATION NO. PA95-0078). THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES I-I~ERY RESOLVE AS FOLLOWS: WHEREAS, the Planning Commission of the City of Temecula has received an application for an Amendment and Restatement of Development Agreement No. 5, Specific Plan No. 199, "Margarita Village," Planning Application No. PA95-0078, (hereinafter "Development Agreement"); and, WHEREAS, the Planning Commission held a noticed public hearing on October2, 1995, on the issue of recommending approval or denial of the Development Agreement. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES FIND AS FOLLOWS: Section 1. That the Planning Commission recommends that the City Council adopt and approve the Ordinance approving the Development Agreement, Attachments "A" and "B", respectively, attached hereto and incorporated herein by this reference, subject to the Conditions of Approval attached hereto as Attachment "C" and incorporated herein by this reference as set forth in full herein. Section 2. That in recommending the adoption by the City of the Ordinance approving the Development Agreement, 'the Planning Commission hereby makes the following findings: (a) The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that the Development Agreement makes reasonable provision for the use of certain real property for residential development and is consistent with the General Plan Land Use Designation of low- medium density residential; and, Co) The project subject to the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the Specific Plan Zone district in which the Property subject to the Development Agreement is located, and that this Development Agreement is consistent with good planning practices by providing for the opportunity to develop the Property consistent with the General Plan; and, R:~TAFFRP'~7gPA95.PC 9F26~95 m 7 (c) The Development Agreement is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; and, (d) The Development Agreement will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof; and, (e) Notice of the public heating before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within three hundred feet (300') of the property as shown on the latest equalized assessment roll; and, (I) Notice of the public hearing before the Planning Commission included the date, time, and place of the public heating, the identity of the hearing body, a general explanation of the matter to be considered, a general description and text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; and, (g) The Development Agreement complies with the goals and objectives of the Circulation Element of the General Plan and the traffic impacts of the development over the period of the Development Agreement will be substantially mitigated by the mitigation measures and conditions of approval imposed; and, (h) The Development Agreement complies with requirements of the zoning district in which the applicant proposes to develop in that the Medium Density Residential is consistent with the Low Medium Residential General Plan Land Hse Designation; and, (i) The benefits that will accrue to the people of the City of Temecula from this legislation and this Development Agreement are as follows: City and Owner acknowledge that development of the Project will result in the 1. Generation of municipal revenue; 2. Construction of public infrastructure facilities; 3. Acceleration of both the timely development of subject property as well as the payment of municipal revenue; 4. Enhancement of quality of life for surrounding residents with the timely development through the elimination of dust and nuisance of partially improved lots; 5. Payment of Public Facility Fees (fire, library, traffic signal mitigation, development and RSA); and, Section 3. The Secretary of the Planning Commission shall cause this Resolution to be transmitted to the City Council for further proceedings in ac, c, ordanc~ with State law. Section 4. PASSED, APPROVED AND ADOPTED this __ day of ,1995. STEVEN J. FORD CHAIRMAN I HEREBY 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 __ day of __ , 199_, by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: GARY THORNHILL SECRETARY ATTACHMENT NO. 2 ORDINANCE NO. 95- R:',STAFFRPT~78PA95,PC 9/26/95 sn 10 -A'I'TACHMENT NO. 2 ORDINANCE NO. 95- ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALWORNIA, APPROVING AN AMENDlVlT~NT AND I~F-~TATF. AMENT OF DEVELOPMENT AGI~F~EMF_,NT NO. S BETWF~N THE CITY OF TEMECULA AND BCI/CCL FOR FINAL TRACT MAPS NO. 2~100-1, 2~100-2, 25100-3, 25100-4, 2~101-2, AND 2~101-~, WITHIN SPECH~IC PLAN NO. 199 (PLANNING APPLICATION NO. PA95-0078). WHEREAS, Section 65864 et seq. of the Government Code of the State of California and Temecula City Resolution No. 91-52 authorize the execution of agreements establishing and maintaining requirements applicable to the development of real property; and, WHEREAS, in accordance with the procedure specified in said Resolution, BCI/CCL, a California Limited Partnership, hereinafter "BCI/CCL" has filed with the City of Temecula an application for a Development Agreement which reflects an amendment and restatement of existing County Development Agreement No. 5 (hereinafter "this Agreement"), of a residential housing subdivision on its property for Tracts 23100-1 (8 lots), 23100-2 (15 lots), 23100-3 (28 lots), 23100-4 (23 lots), 23101-2 (28 lots), 23101-3 (9 lots), hereinafter the "Subject Property" which application has been reviewed and accepted for filing by the Community Development Director; and, WHEREAS, notice of the City's intention to consider adoption of this Agreement with BCI/CCL, has been duly given in the form and manner required by law, and the Planning Commission and City Council of said City have each conducted public hearings on October 2, 1995 (Planning Commission), and October 24, 1995 (City Council) at which time it heard and considered all evidence relevant and material to said subject. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. FINDINGS. The City Council hereby finds and determines, with respect to this Agreement by and between the City of Temecula and BCI/CCL, that it: A. Is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that this Agreement makes reasonable provision for the use of certain real property for residential development consistent with the General Plan's land use designation of low-medium density residential; B. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Subject Property referred to heroin is located as this Agreement provides for residential development pursuant to a Specific Plan; R:~TAFFRF~78PA95.PC 9/26/95 sn ~ ~ C. Is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; D. Will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof; E. Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at !e~t ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; F. Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the heating body, a general explanation of the matter to be considered, a general description in text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; G. Notice of the public hearing before the City Council was published in a newspaper of general circulation at least ten (10) days prior to the City Council public hearing, mailed at least ten (10) days prior to the hearing to the project applicant, to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; H. Notice of the City Council hearing included the date, the time, and place of the public hearing, the identity of the hearing body, the general explanation of the matter to be considered, a general description in text or by diagram of the location of the Property that is the subject of the hearing, and the notice of the need to exhaust administrative remedies; I. City Council approved this Agreement by Ordinance based upon evidence and findings of the Planning Commission and new evidence presented at its hearing on this Agreement, giving its reasons therefor and setting their relationship between this Agreement and the General Plan; K. The benefits that will accrue to the people of the City of Temecula from this legislation and this Agreement are as follows: 1. Generation of municipal revenue; 2. Construction of public infrastructure facilities; 3. Acceleration of both the timely development of subject property as well as the payment of municipal revenue; 4. Enhancement of quality of life for surrounding residents with the timely development through the elimination of dust and nuisance of partially improved lots; R:~,~TAFFRPT%78PA95.PC 9/26/95 5. Payment of Public Facility Fees (fire, library, traffic signal mitigation, development and RSA); and, 6. Help ensure solvency of Assessment District 159 and Community Facilities District 88-3 as Van Daele has elected to use legislation to help offset burden to pay off each of theso districts for subject property in their entirety and theso districts finance City and regional improvements. Section 2. APPROVAL. This Agreement, attached hereto and incorporated herein by this reference as Attachment "1" is hereby approved. The Mayor is authorized and directed to evidence such approval by executing this Agreement for, and in the name of, the City of Temecula; and the City Clerk is directed to attest thereto; provided, however, that this Agreement shall not be executed by the City until this Ordinance takes effect and the City has received from the applicant two executed originals of said Agreement. Section 3. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shah hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shah not affect the validity of the remaining parts of this Ordinance. Section 4. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 5. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shah be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shah publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Section 6. PASSED, APPROVED AND ADOPTED this day of ,1995. Jeffrey E. Stone, Mayor ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. __ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 199_, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 199_, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk R:~TAFFRir~78PAg~.PC 9/'26/95 sn 'J 4 ATTACHMENT NO. 3 INITIAL STUDY City of Temecula Planning Department Initial Environmental Study I. BACKGROUND INFORMATION 1. Name of Projea: Chardonnay Hills 2. Case Numbers: planning Application No. PA95-0023 (Amendment and Restatement of Development Agreement No. 5) 3. Location of Pr~ect: Located at Rancho California Road and Promenade Chardonnay Hills Road 4. Description of Project: 5. Date of Environmental Assessment: A Request for Approval of a Development Agreement for Final Tract Maps 23100-1, 23100-2, 23100-3, 231004, 23101-2, 23101- 3, within Specific Plan No. 199. August 23, 1995 6. Name of Proponem: BCI/CCL Address and Phone Number of Proponent: 2010MainS~eet, Suite960 Irvine, CA 92714 ENVIRONMENTAL IMPACTS (Explanations to all the answers are provided in Section Ill) 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes geologic substructures? b. Disruptions, displacements, compaction, or over covering of the soil? c. Change in wpography or ground surface relief futures? d. The destruction, covering or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in siltation, deposition or erosion? g. The modification of any wash, channel, creek, river or lake? Ye~ Maybe No X X _ _ X _ _ X h. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, liquefaction, ground failure, or Similar hazards? i. Any development within an Alquist-Priolo Special Studies Zone? Air. Will the proposal result in: a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Aimration of air movement, temperature, or moisture or any change in climate, whether locally or regionally? Water. Will the proposal result in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoffT. c. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to, temperature, dissolved oxygen or turbidity7 f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions, withdrawals, or through interception of an aquifer by cuts or excavations? h. Reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or property to water related hazards such as flooding? MaVt X X X X R:~STAFFRICX78PA9,~.l:'C 9F'25/95 m '] 7 Yes Maybe N__o 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? b. Reduction of the numbers of any unique, rare, threatened, or endangered species of plants? c. Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? d. Reduction in the acreage of any agricultural crop? 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (animals includes all land animals, birds, reptiles, fish, amphibians, shellfish, benthic organisms, and/or insects)? b. Reduction of the numbers of any unique, rare, threatened, or endangered species of animals? c. The introduction of new wildlife species into an area? d. A barrier to the migration or movement of animals? e. Deterioration to existing fish or wildlife habitat? 6. Noise. Will the proposal result in: a. Increases in existing noise levels? b. Exposure of people to severe noise levels? c. Exposure of people to severe vibrations? 7. Light and Glare. Will the proposal produce or result in light or glare? 8. I~qnd Use. Will the proposal result in: a. Alteration of the present land use of an area? b. Alteration to the future planned land use of an area as described in a community or general plan? X X X X X X X X X R:x, STAFFRPT~75PA95.P~ 9/25195 Y~ Maybe No 9. Natural Resources. Will the proposal result in: a. An increase in the rate of use of any natural resources? b. The depletion of any nonrenewable natural resource? 10. Risk of Upset. Will the proposal result in: a. A risk of an explosion or the release of any hazardous substances in the event of an accident or upset conditions (hazardous substances includes, but is not limited to, pesticides, chemicals, off or radiation)? b. The use, storage, transport or disposal of any hazardous or toxic materials (including, but not limited to oil, pesticicles, chemicals, or radiation)? c. Possible interference with an emergency response plan or an emergency evacuation plan? 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing housing or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? c. Substantial impact upon existing transportation systems, including public transportation? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or p~destriaus? 14. Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? X X X X X X X b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services: Y~ Maybe N__o X X X X X 15. Energy. Will the proposal result in: a. Use of substantial mounts of fuel or energy? __ b. Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy? __ 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to any of the following utilities: a. Power or natoral gas? __ b. Communications systems? _ c. Water systems? _ d. Sanitary sewer systems or septic tanks? __ e. Storm water drainage systems? __ f. Solid waste disposal systems? __ g. Will the proposal result in a disjointed or inefficient pattern of utility delivery system improvements for any of the above? __ 17. Human Health. Will the proposal result in: a. The creation of any health hazard or potential health hazard? _ b. The exposure of people to potential health hazards, including the exposure of sensitive receptors (such as hospitals and schools) to toxic pollutant emissions? __ 18. Aesthetics. Will the proposal result in: a. The obstruction of any scenic vista or view open to the public? _ b. The creation of an aesthetically offensive site open to public view? __ X X X X X X X X X X X X X R:~STAFFRFI178PA95.PC 9/2~/95 sn 20 19. 20. c. Detrimental visual impacts on the surrounding area? Rea'eation. Will the proposal result in an impaa upon the quality or quantity of existing recreational resources or opportunities? Cultural Resources. Will the proposal result in: a. The alteration or desu'uction of any paleontologic, prehistoric, archaeological or historic site? b. Adverse physical or aesthetic effects to a prehistoric or historic building, sn'ucture, or object? c. Any potential to cause a physical change which would affect uniqlle ethnic cultural values? d. Restrictions to existing religious or sacred uses within the potential impact area? Yes Mayb~ No X HI. DISCUSSION OF 'J'm-mm~: NVIRON1VIENTAL IMPACTS 1 .a.d. No. The project will not result in unstable ea~ conditions or in changes in geologic substructures, destruction, covering or modification of any unique geologic or'physical features since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by Environmental Impact Report 202 prepared for the Margarita Village Specific Plan. 1.b. No. The project will not cause disruptions, displacements, compaction, or overcovering of soil, since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. 1 .c.g. No. The project will not result in change in topography or ground surface relief features, or modification of any wash, channel, creek, river or lake since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed for the Environmental Impact Report prepared for the Margarita Village Specific Plan. 1 .e.f. No. The project will not result in an increase in wind or water erosion of soils, either on or off the site and changes in siltation, deposition or erosion since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by Environmental Impact Report prepared for the Margarita Village Specific Plan. 1 .h.i. No. The project will not result in exposure of people or property to geologic hazards such as earthquakes or liquefaction since the General Plan EIR and the Margarita Village Specific Plan EIR do not identify the site in being in any of these areas. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. 2.a. No. The project will not result in the local deterioration of air quality since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract No. 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. 2.b.c. No. The project will not create objectionable odors or cause alteration of air movement, temperature or moisture or any change in climate, whether locally or regionally since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Water 3.a.c.d. e.f.g.h. i. No. The pwject will not cause changes in currents or the course or direction of water movements, in either marine or fresh waters, alterations to the course or flow of flood waters, change in the mount of surface water in any waterbody, discharge into surface waters or in any alterations of surface water quality, alteration of the direction or rate of flow of Found waters, change in the quantity of Found waters, reduction in the mount of water otherwise available for public water supplies, or exposure of people or property to water related hazards such as flooding since the projea does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation. measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. 3.b. No. This project will not cause changes in absorption rates, drainage patterns; or the rate and mount of surface runoff since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Plant Life 4.a.b.d. No. This project will not change the diversity of species, or number of any native species of plant, reduce the numbers of any unique, rare, threatened or endangered species of plants or reduce the acreage of any agricultural crop since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Marrgarita Village Specific Plan. 4.c, No. This project will not introduce new species of plants since the project does not involve any landscaping. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. 5.a. No. The projea will not cause a change in the diversity of species, or numbers of any species of animals since the project does not involve any land alteration. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. 5.b.c. d.e. No. The project will not cause a reduction in numbers of any unique, rare, threatened, or andangered species of nnimA|5, introduction of now wildlife species inW the area, a barrier to the migration or movement of animals or deterioration to existln5 fish or wildlife habitat since the projea does not involve any land alteration. No impacts are anticipated sinco all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Noise 6.a. No. The project will not increase the existing noise levels since the project does not involve any construction. No impacts are anticipated sinco all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23 I01 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. 6.b.c. No. The project will not expose people to severe noise or vibrations sinco the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Light and Glare No. The project will not cause an increase in light and glare since the project does not involve any construction. No impacts are anticipated since all the impacts from the conswuction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Land Use 8.a. No. The project will not cause an alteration of the present land use of the area sinco the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. 8.b. No. The proposed project will not cause alteration to the future planned land use of this area, when ultimately developed, as described in the draft General Plan which designates the site as Low Medium Density Residential sinco the project does not involve any construaion. No impacts are anticipated since all the impacts from the construction of this site will be mitigated flawugh the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Natural Resources 9.a.b. No. The project will not result in an increase in the rate of use of any natural resources and depletion of any nonrenewable natural resources when the site is ultimately developed since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigalion measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Risk of Unset lO.a.b. No. The project will not result in a risk of explosion and/or, the release of hazardous substances, when the site is ultimately developed since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. lO.c. No. The project will not result in any interference with an emergency response plan when the site is ultimately developed since the project does not involve any construction. No impac~.s are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Population 11. No. This project will not make alterations to the location, distribution, density, or growth rate of the human population of this area since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Honsin~ 12. No. The project will not affect existing housing and cream a demand for new housing since the project does not involve any consu-uction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Transportation/Circulation 13.a.f. No. The project will not generate daily trips, increase traffic hazards to motor vehicles, bicyclists or pedestrians since the projea does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. R:~TAF~RPT~TSPA95.PC 9/2~195 an 2~ 13.b.c.d. e. No. The project will not create additional demand on parking, cause a substantial impact on existing transportation systems, alterations to present patterns of circulation or movement of people and/or goods and alteration to waterborne, rail or air traffic since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Public Services 14.a.b.c. d.e.f. No. The project will not have a substantial impact on fire protect:on, police protection, schools, parks and other governmental services since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Energy 15.a.b. No. The project will not result in substantial use of fuel or energy since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Utilities 16.a.b.c. d.e.f.g. No. The project will not result in a need for new systems or substantial alterations to any of the following: power or natural gas, communication systems, water systems, sanitary sewer systems, storm water drainage systems, solid waste disposal systems and will not result in a disjointed or inefficient pattern of utility delivery system improvements for any of the above since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation proposed by the Environmental impact Report prepared for the Margarita Village Specific Plan. Human Health 17.a. No. The project will not create potential health hazards when the site is ultimately developed since the project does not involve any construction. No impacts are anticipated since all the impacts from the consmlction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. R:',,qTAFFi!F~7aPAg~.PC 9/2519~i m 26 17.b. - No. The project will not expose people to potential health hazards, including the exposure of sensitive receptors such as hospitals and schools to toxic pollutent emissions since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Aesthetics 18.a.b.c. No. The project will not result in the obstruction of any scenic vista or view open to the public, the creation of an aesthetically offensive site open to public view, or in a detrimental visual impact on the surrounding area since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Recreation 19. No. The project will not result in an impact upon the quality or quantity of existing reoreational resources or opportunities since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Cultural Resources 20.a.b.c. d. No. The project will not result in alteration or destruction of any paleonWlogic, prehisWric, archeological or historic site, adverse physical or aesthetic effects to a prehistoric or hiswric building, structure or object, any potential to cause a physical change which would affect unique ethnic cultural values, or restrictions to existing religious or sacred uses within the potential impact area since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigamd through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. R:~STAFFRPT',TBpAg$.I'C 9/23/95 ~m 27 IV. MANDATORY FINDINGS OF SIGNIFICANCE Does the projea have the potential to either: degrade the quality of the environment, substantially reduce the habitat of a fish, wildlife or bird species, cause a fish, wildlife or bird population to drop below self SUStaining levels, threaton to eliminate a plant, bird or animal species, Or eliminate important examples of the major periods of California history or prehistory7 Yes Maybe No X Does the project have the potential to achieve short term, to the disadvantage of long term, environmental goals? (A short term impact on the environment is one which occurs in a relatively brief, definitive period of time while long term impacts will endure well into the future.) X Does the project have impacts which are individually limited, but cumulatively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) X Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? R:~TAFFRF~7gPA95.1~C 9/25/95 ENVIRONMENTAL D~-rE4cMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because the Mitigation Measures described on the attached sheets and in the Conditions of Approval that have been added to the project will mitigate any potentially significant impa~ts to a level of insignificance, and 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. Prepared by: Signature Saied Naaseh. Associate Planner Name and Ti~e August 23. 1995 Date R:XSTAFFRFFX78pA9LPC 9/25/95 ATTACHMENT NO. 4 CITY COUNCIL STAFF REPORT FOR THE MEMORANDUM OF UNDERSTANDING SEPTEMBER 12, 1995 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thornhill, Community Development Director September 12, 1995 Memorandum of Understanding Concerning Specific Plan #199, BCI/CCL RECOMMENDATION: It is requested that the City Council approve the Memorandum of Understanding, provided that a construction schedule for the Recreation Center acceptable to the Community Development Director is added to the MOU prior to execution, and direct the Mayor' to execute the Agreement on behalf of the City and the City Clerk to attest thereto. BACKGROUND: BCI/CCL was the silent partner with Bramalea in the Chardonnay Hills tract (refer to Attachment No. 1 for the Vicinity Map). BCI/CCL has taken over the partnership and will be building out the tract. In Section I of the Memorandum of Understanding (MOU), BCI/CCL has committed to completing the Recreation Center by November 15, 1995 and prior to issuance of occupancy permits for any homes. The Recreation Center has been the center ~f recent controversy since Bramalea did not complete it in a timely manner. TO insure the completion - of the Recreation Center by the above deadline, staff recommends that the developer commit to a construction schedule for the Recreation Center prior to execution of the MOU by the Mayor. This schedule should also be made a part of the Development Agreement that will follow the approval of this MOU. ANALYSIS: The attached MOU authorizes BCI/CCL to obtain building permits and occupancy permits for homes in their development without payment of the Public Facilities Fees until such time as the first production home obtains its Certificate of Occupancy. This provision is consistent with previous approvals granted to similar projects in the City such as Cosrain Homes and Van Daele Development Corporation. The City is currently negotiating a new Development Agreement between the City and BCI/CCL for this project. Approval of this MOU will not mandate that the City Council approve the draft Development Agreement. In the event that the City Council denies the draft Development Agreement, the Memorandum of Understanding provides that BCI/CCL will then pay the Public Facilities Fees as provided in the existing Development Agreement No. 5. This M0U will allow the development of homes in the BCI/CCL project to move forward in an expeditious fashion. BCI/CCL is agreeing to pay an Interim Public Facility Fee in the amount of $3,000.00 per unit. The indemnity provisions of this MOU are the same as the MOU between the City and Van Daele. The existing Development Agreement (Riverside County Development Agreement No. 5) contains very broad indemnity language sufficient to protect the City's interests. This MOU contains adequate language protecting the City against any challenges to the fee issue. The Planning Commission and City Council will be presented in the near future with the draft Development Agreement, The terms of the draft Development Agreement will be subject to extensive negotiations between the City and the developer. FISCAL IMPACT: Development Agreement No. 5 Fee: interim Public Facilities Fee to be Collected: 111 Dwelling Units X $5,271 = S585,081 111 Dwelling Units X $3,000 = $333,000 Attachments: Vicinity Map - Page 3 Memorandum of Understanding - Page 4 ATTACHMENT NO. 1 VICINITY MAP R:k~rAFFR.P~,CCL.MOU 9/7/95 CITY OF TEMECULA · /- CASE NO. - SPECIFIC PLAN NO. 199 ATTACHMENT- 1 CITY COUNCIL DATE - SEPTEMBER 12, 1995 VICINITY MAP ATTACHMENT NO. 2 MEMORANDUM OF UNDERSTANDING R:',~TAFFKF~,CCL.MOU 9Fh95 s~n 4 MEMORAI~UM OF UNDERST.4d~DI2'qG CONCERN~G PLANNING AREA No. 14 OF SPECIFIC PLAN No. 199 BCI/CCL VENTURES No. I and No. 2 This Memorandum of Understanding, (the "Memorandum") is made and entered into as of August __, 1995 by and between the City of Temecula (the "Cit~') and BCI/CCL Venture No. 1, L.P. ("BCI/CCL No. 1") and BCI/CCL Venture No. 2, L.P. ("BCI/CCL No. 2"), both California limited partnerships (BCI/CCL No. 1 and BCI/CCL No. 2 are collectively referred to a "Owner".) RECITALS: A. The City Council of the City of Temecula is reviewing and considering, as provided by law, an Amendment and Restatement of Development Agreement between City and Owner (the "Draft Agreement"). B. Owner is developing a residential project in what is known as Planning Area No. 14 of Specific Plan No. 199, Tract Nos. 23100-1 (8 lots); 23100-2 (15 lots); 23100-3 (28 10ts); 23100-4 (23 lots); 23101--2 (28 lots); and 23101-3 (9 lots) for a total of Ili lots (collectively, the "Project"). The Project is currently subject to Development AgTeement No. 5 between the Cou31ty of Riverside (the "County") and Kaiser Development Company, a California corporation; Mesa Homes, a California corporation; Margarita Village Development Company, a California joint venture comprised of Buie-Ranch California, Ltd., a California limited partnership and Nevada Rancho California, Ltd., a California limited partnership; and Tayco, a California general partnership comprised of Taylor Woodrow Homes, Inc., a Delaware corporation, and others dated Nove~Der 7, 1988 (the "Development Agreement No. 5"), which requires O~ler to pay certain development fees (the "Development Fee"). C. Riverside county Ordinance No. 659, as adopted by the City, establishes public facilities and services impact fees for residential development with City ("RSA Fees"). City requires these revenues to mitigate the impact of development. City requires RSA Fees from development of the Project in order to complete capital projects to mitigate the impact of the development. D. As the result of meetings between representatives of the City and representatives of the Owner, the City has agreed that the Project would be eligible for a development fee reduction due to: (i) the excessive level at which the County originally calculated the Development Fee; and (ii) the entry level natuare of the homes to be built in the Project. \real \843\3006~O04\memcS. a~ E. Development Agreement No. 5 provided for public facilities and services impact fees ("County Impact Fees") higher than the RSA Fees. These bigher fees, par%icularly during the present recession, unduly discourage and delay development and thereby prevent City from ever receiving the RSA Fees. Consequently, the City desires to reduce the County Impact Fees for residential development in the Project to a level comparable to RSA Fees. F. The Project has been substantially delayed by reason of adverse market conditions and the pending bankruptcy of Bramalea U.S.A., Owner's predecessor in interest. The parties intend by this Agreement to facilitate new construction within the Project during the remainder of 1995's selling season (late summer and fall) in an effort to obtain lost market momentum for the Project, and avoid the adverse consequences to the Project and City resulting from further delays in implementing the Project. G. The Draft Agreement provides for Owner to pay the sum of Three Thousand Dollars ($3,000.00) for each residential unit as the Interim Public Facilities Fee. The Draft Agreement provides for the collection of any Interim Public Facilities Fee to be deferred until such time as Owner obtained a certificate of occupancy for the first production home built in the Project. H. Owner contemplates commencing construction of the' homes for the Project (111 Lots ) prior to acceptance by the City Council of the Draft Agreement. I. Owner intends to immediately commence the completion of the Recreational Facility required incident to the approval of Tract 23103-1 which has been delayed because of adverse market conditions, and complete said facility by November 10, 1995. J. City desires, as an accommodation to Owner, to permit Owner to pay the Interim Public Facilities Fee contemplated in the Draft Agreement for all the homes in the Project, despite the fact that the Draft Agreement providing for payment of the Interim Public Facilities Fee has not yet been approved by City. NOW, THEREFORE, in consideration of the mutual covenants heroinafter contained, City and Owner agree as follows: 1. Modification of Fee. In lieu of any fee required by Development Agreement No. 5, RSA Fee or City Public Facilities Fee, Owner shall pay an Interim Public Facilities Fee in the amount of Three Thousand Dollars ($3,000.00) per dwelling unit within the Project. If City fails to approve or adopt the Draft Agreement or if the Interim Public Facilities Fee, as established by city, is some number other then Three Thousand Dollars ($3,000.00) per dwelling unit, then the fee paid by Ownerto City shall be adjusted accordingly. Owner shall pay any increase or City shall pay to Owner any decrease within thirty (30) days F: \ tea I \843 \3006~004\me~5. a~m -- 2 -- from the effective date of City Council's action on the Amendment and Restatement of Development Agreement. 2. Fee Deferral. The Interim Public Facilities Fee.for all units within the Project shall be deferred until such time as a certificate of occupancy has been obtained for ~he firS= production home built in the Project. Upon the issuance of a certificate of occupancy for the first production home within the Project, Owner shall pay to the City the Interim Public Facility Fee for each unit for which such fee had been deferred. Thereafter, the Interim Public Facilities Fee shall be paid at the time of issuance of building permits for each residential unit constructed in the Project. 3. Completion of Recreational Facility. (a) Owner shall commence construction of the Recreational Facility required incident to the approval of Tract 23103-1 ("Recreational Facility") on approximately August 15, 1995. Owner shall use commercially reasonable efforts to complete the ~construction of such facility as soon as practicable, but no later than November 15, 1995. Owner agrees that City shall not issue any certificate of occupancy for any dwelling unit constructed pursuant to any building permit issued on or after the date of this Memorandum, until such time as the Recreational Facility is completed and accepted by the City. (b) Notwithstanding the preceding, Owner's obligations under this paragraph 3 are expressly conditioned upon (i) Owner acquiring title to the Property on which the Recreational Facility is to be constructed, or written permission from the Owner thereof to construct such facility; and (ii) approval by the United States Bankruptcy Court of the Third Amendment to Partnership Agreements for Owner. 4. Indemnity and Cost of Litigation 4.1 County Litigation ConcerninQ RCreement. In the event the County seeks to challenge the right of City and Owner to enter into this Memorandum, and institutes an action, suit or proceeding to challenge this Memorandum or invalidate and/or enjoin the enforcement of this Memorandum, City and Owner agree to cooperate and participate in a joint defense in any action against the parties, their officers, agents, and employees, from and against any and all such obligations, liability, suit, claim, loss, judgment or lien, resulting from such action(s) brought by County (but excluding actions to expunge any lis pendens) and to share the costs associated with attorneys' fees and costs that the parties may incur as the result of any such action or lawsuit to challenge City and/or Owner's legal authority to enter into this Memorandum. If the County action is against all impacted developments for which the City has lowered the county fees, the F: \real \843\30064004\memDS. agm --3 -- Ovner's defense costs herein shall be its pro rata share among all impacted landowners based on a faction, the numerator of which is the total units owned by Owner which are subject to this Memorandum and the denominator is the total n~m~er of units within the City in which the City has lowered the County Fees. If the County action is only against Owner with respect to this Memorandum, and not against other impacted landowners for which the City has lowered the County fees, then Owner's defense costs shall be 100% of the attorneys' fees and costs for defense of the litigation. Damages (including the difference in the amount of any Interim Public Facilities Fee and the amount of the County Development Agreement Fee paid by owner to City pursuant to the terms of this Memorandum) shall be the responsibility of Owner. To the extent Owner has paid Interim Public Facilities Fees and/or County Development Agreement Fees to City of which it is adjudicated (by final judgment of a court of competent jurisdiction) are lawfully the funds of County, City shall pay such sums to county and Owner shall have such liability for the payment of the difference between such fees reduced by the amount paid by the City. City and Owner shall mutually agree on legal counsel to be retained to defend any such action(s) brought by the County as herein provided. City and Owner each reserve the right to withdraw from the defense of the County litigation in the event the County prevails at the trial level and there is an appeal. If either party withdraws after the trial and there is an appeal, the remaining party shall pay all the costs and fees associated with said appeal. As a matter of agreement between BCI/CCL No. 1 and BCI/CCL No. 2, all costs are associated with indemnity set forth in this paragraph 4 , or liabilities described in paragraphs 4.2 and 4.4 below, shall be divided between such parties sixty percent (60%) to BCI/CCL No. 2 and forty percent (40%) to BCI/CCL No. 1. 4.2 Public Facilities Fees Shortfall. In the event the county prevails in any legal action or other proceeding to challenge, set aside, or enjoin the enforcement of this Memoranduan and a trial court determines by final judgment or order that the Owner and/or the City is liable to make up any shortfall between the amount of the Interim Public Facilities Fee or the city Public Facilities Fee, as the case may be, and the County Development Agreement Fee which would otherwise have been imposed pursuant to Development Agreement No. 5, then Owner shall be responsible for paying any such shortfall subject to City's payment to County of any amounts collected and held by City under the tens of Development Agreement No. 5. Such payment by City to County shall reduce Owner's liability to County for payment of such fees by a like amount paid by City. 4.3 County Prevails im LitiCation - Severabi!itT. In the event the County prevails at the trial court level against the City or the Owner as described in Section 4.1 of this Memorandum, the amount of the Interim Public Facilities Fee or the City F: \~'eal \84,3\30064004\mem5 .a~ '4 -- Public Facilities Fee, as the case may be, shall revert to the amount of the County Development Agreement Fee in effect at the time of entry of the final judgment in favor of the County (or such lesser amount as determined by the Court)- In the event his Memorandum is held to be invalid or unenforceable by a trial court of competent jurisdiction, Owner shall thereafter pay the County Development Agreement Fee as provided in Section 4.2 of Development Agreement No. 5 (or such lesser amount as determined by the Court). All Other provisions of this Memorandum or any subsequent agreements relating to the Project shall remain valid and enforceable notwithstanding said ruling of invalidity. 4.4 Third Party Litigation Concernin~ A~reement. 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 Memorandum or the approval of any permit granted pursuant to this Memorandum brought by a third party other than the county, which claim, action or proceeding is based'upon this Memorandum. 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. 4.5 Termination of Memorandum of Understanding- If the Draft Agreement is approved by the City Council, this Memorandum shall terminate upon the effective date of the Draft Agreement. If the Draft Agreement is disapproved by final action by the City Council, then the obligations of Owner under this Memorandum shall terminate and Owner thereafter shall be subject to the ter~ns of Development Agreement No. 5. 5. Rancho Califormia Road Fund. Owner and City acknowledge and agree that no building permits for any dwelling unit within the Project shall be issued by the City until such time as the Rancho California Road Fund has been funded, as required by the terms of the agreement establishing such Fund. IN WITNESS wHEREOF, the parties executed this Memorandum as of this day August, 1995. \real \843\30064004\memoS. agm By: -5- CITY OF TEMECULA Jeff Stone, Mayor ATTEST: June S. Greek, Ci=y Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney BCI/CCL VENTURE NO. 1, L.P. california limited partnership and BCI/CCL VENTURE NO. 2, L.P., a California limited partnership BY: CCL CHARDONAY HILLS, INC., a California corporation, their General Partner By Its F: \ ~ea 1 \843 \3aO64OO4\m~mo5. agm -- 6 -- A'I'I'ACHMENT NO. 5 CONSTRUCTION SCHEDULE CONSTRUCTION, Septnnber 21, 1995 Ansbony l. Elmo Chief Building Offi~isl City of Tem~cul&Buildlng Dept. 43174 B--;-~ss Park Driv~ Temecula, California 92~90 Plesse find enclosed an ul~,",'4 schedule for the Kecreallon and Padc Area for Tract 231034 Chszd. onnay Hills. To insu~ lh~ z~.mattonal ~sciliti~s pro _Fess.__. I proIres8 tie!n_- ~1~ followin~ critical dabs to our produnion units witis t. hs mc:rcational schedule, CCL Colon, Inc. sgrees not t~ _preeee4___ with the following operations on Tnscts 23100-2 and 23100.-3 unless cez~in 4"f'~ ~ bebw) are met at the R,,~.~alion and Paxk Area: Production Slab pour csnnot start unfil I~e T~--I* Couzt is poured ~ Fr~m~-g Inspection is eompleted on the Pool Eq..:pmen~ Build{.__. on or aboui October 9. Fra~i-_~ lnspeclions forpre4_,_~on units cannot start ungl a Certificate of Occupancy is ~ for the Recreational site on or about Dec~mabex 10, 1995. Pigass conu~-t me if these dates meet with your approval or if you ~ any further information. My phon~ nmnb~r is (714) 553-3214 exL #13. Si~x~zely, CCL Construeion, ~ Charles W, Klu~r Di~r of 2010 MAIN STREET, tiUrT[ S~,O. IRVINr. CA 92714 714 553-3214 FAX: 714 R.~-77~8 ~,~c. dl'7036~z B2/:].Z/ZcJ95 84;33 73,.4-253-7728 CCL CO, c:~KdCI"ZDq PA~E 83 COIi~iTRUCTIC)N iCHEIX,ILE · S'TATUI CHARDOQ~Y I,BTJ, J ,- 82/11/1995 84:33 714-253-7728 CCL CO, b'q11..C~O,I PA4~ 84 CCL CONSTRUCTION, Q4C. CONOTRUCTION ,zCHED ULE & WI'ATU8 CHAR~:)NILAY I. gLFJ I~.~wmo~ll,'omew,~v~&l'Mr. klLat :2102,1 I III I~EYIC)~J~LY CX)I,U'I.E'FED pI~VIOU~Ly C01ft. E'rEO P!iEVIOU~Y C0M~tETED PREVX)U~Y CCia~.E'lcu III II II ATTACHMENT NO. 6 PROPOSED AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 5 R:',STA1~X78PA95.PC 9/2~/95 an ~2 RECORDED AT THE REQUEST OF City Clerk City of Temecula WB'F-N RECORDED RETURN TO City Clerk City of Temecula 43174 Business Park Drive Temecula, CA 92590 RECE~V_.cD OCT I 0/995 CCL CONSTRGCTIOi~, ,:,C. (Space Above Line For Recorder's Use). AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGRF,~,MENT SPECIFIC PLAN NO. 199 PLANNING AREA 14 PLANNING APPLICATION No. 94-0078 and 94-0079 "Margarita Village" BCI/CCL Venture No. 1 Limited Parmership BCI/CCL Venture No. 2 Limited Partnership AMENDMENT AND RF~TATEMENT OF DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA and BCFCCL VENTURE NO. 1 LIMITED PARTNERSHIP BCI/CCL VENTURE NO. 2 LIMrFED PARTNERSHIP This Amendment and Restatement of Development Agreement ('Amendment')is entered into to be effective on the date set forth in Recital N. and Paragraph 1.7 by and among the City of Temecula, a Califomia Municipal Corporation ('City') and BCI/CCL Venture No. I Limited Partnership and BCI/CCL Venture No. 2 Limited Partnership, both California Limited Partnerships (collectively 'Owners'): RECITALS A. Pursuant to California Government Code Section 65864, et. Seo_. (*Development Agreement Statutes"), Kaiser Development, a California Corporation and others and the County of Riverside, California ('County')entered into Development Agreement No. 5 recorded in the Official Records of Riverside County, California on November 7, 1988, as Instrument No.325515 ("Development Agreement No. 5'). B. Development Agreement No. 5 encompasses a project formerly located within County approved Specific Plan No. 199 known as 'Margarita Village', a mixed use subdivision, (the 'Original Project*) to be developed on property which came within the municipal boundaries of the City when the City incorporated on December 1, 1989. This Agreement encompasses only a portion of the Original Project, located in Planning area 14, Tract Nos. 23100-1 (8 LoB); 23100-2 (15 LoB); 23100-3 (28 LoB); 23100-4 (23 LoB); 23101- 2 (28 LoB); and 23101-3 (9 Lots) for a total of 111 Lots (collectively the *Project'). The F:\REAL\a/e.3\~OO66006'~DEVELOP6.AGIq 10104,/95 ] balance of the Original Project covered by Development Agreement No. 5 not included within the above referenced Project ("Lots") is not mended or impacted by this Agreement. C. Pursuant to the provisions of the Development Agreement Statutes, the City became the successor-in-interest to the County under Development Agreement No. $ upon incorporation of the City. D. Pursuant to Section 65868 of the Development Agreement Statutes, the City and Owner propose to restate and mend Development Agreement No. 5 to substitute this Agreement for the portion of Development Agreement No. 5 pertaining to the Project. E. Pursuant and subject to the Development Agreement Statutes, the City'spolice 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 or sphere of influence thereby establishing the conditions under which such pwperty may be developed in the City. F. 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 Members of the City Council. Likewise, Owner shall bind its successors in interest to the obligations specified in this Agreement. G. The terms and conditions of this Agreement have undergone extensive review by the staff of the City, the Planning Commission of the City, and the City Council of City and have been found to be fair, just, and reasonable. H. City finds and determines 'that it will be in the best interest of its citizens and F: \REAL\8/,3~3OO6~d]~DEVELOP/, .A(~ 10/0~/~5 2 the public health, safety and welfare will be served by entering into this Agreement. I. All of the procedures and requirements of the California Environmental Quality Act have been met with respect to this Agreement. J. Riverside County Ordinance No. 659, as adopted by the City, establishes public fac~i~es impact fees for residential development within City ("RSA Fees*). City requires these revenues to mitigate the impact of development. City requires RSA Fees from development of the Property in order to complete capital projects to mitigate the impact of the development. K. Development Agreement No. 5 provided for public facilities and services impact fees ("County Impact Fees") higher than the RSA Fees. These higher fees, particularly during the present economic situation, unduly discourage and delay development and thereby prevent City from ever receiving the County Impact Fees or RSA Fees. Consequently, the City desires to reduce the County Impact Fees for residential development in the Project to a level comparable to the RSA Fees. L. City and Owner acknowledge that development of the Project will result in the generation of municipal revenue, for public infrastructure facilities and the enhancement of the quality of life, including recreation facilities for present and future residents of the City. The benefits to the City and Owner contemplated by development of the Project include: (1) completion of the Recreation Facility required incident to the approval of the Project; (2) completion of vacant lots in Project; F: \REAL\8~3~3OO(~,OO~'%DEVELOP~ .AGII 10/0~,/95 3 (3) (S) payment of .fire mitigation fees; participation in special assessment districts to finance City and regional infrastructure improvements; and additional real property tax increment from the completed Project. M. The City and 'Owner knowledge that due to the present economic situation, none of these benefits to the City are possible unless the Project p~__~__s with development. N. City Council of City has approved this Agreement by Ordinance No. adopted on , and effective on ("Effective Date"). On the Effective Date, Development Agreement No. 5 shall be terminated as to the Project only and of no further force and effect with respect to the Project, having been replaced by this Agreement. 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 and incorporated heroin, the parties agree: 1. Definitions. In this Agreement, unless the context otherwise requires, the following words and phrases shall have the meaning set forth below: 1.1 'City"is the City of Temecula. 1.2 "City Public Facility Fee" is an amount to be established by Ordinance of City. 1.3 "County" is the County of Riverside. 1.4 "County Public Facilities and Services Fee" means the County Development Agreement Fee as set forth in Section 4.2 of Development Agreement No. 5. F:\REAL~8~e3~3OO~OO~DEVELOP4.A~ 10/0~/~5 4 1.5 "D~velopment Exactions* means any requirement of City in connection with or pursuant to any I-~nd Use Regulation or Existing Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fee~ in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.6 'Development Plan* means the Existing Development Approvals defined in Section 1.8 below which are applicable to development of the Project. 1.7 'Effective Date* means the date upon which the Ordinance approving this Agreement becomes effective, which date is thirty (30) days following the date the City Council adopted such Ordinance absent a referendum challenge. 1.8 "Existing Development Approval(s)* 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 A, attached hereto and incorporated County or the City. 1.9 herein by this reference, which were approved by the 'Financing District* means a Community Facilities District formed pursuant to the Mello-Roos Community Facilities Act of 1982, (California Government Code Section 53311 et sea_. as amended); an assessment district formed pursuant to the Landscaping and Lighting Act of 1972, (California Streets and Highways Code Section 22500 tt_a~ as amended); a special assessment district formed pursuant to the Improvement Act of 1911, (California Streets and Highways Code Section 10102, as amended); or any other F:\REAL\8~,3\3OO6~,OO4.%DEVELOP/e.AG~ 1010/,195 5 special assessment district existing pursuant to State law formed for the purposes of financing the cost of public improvements, facilities, services and/or public facilities fees within a specific geographical area of the City. 1.10 "Interim Public Facilities Fee" means an mount of Three Thousand Dollars ($3,000) ~ each residential unit developed in the Project. 1.11 "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 listed on Exhibit B, attached hereto and incorporated herein by this reference, 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: (a) The conduct of businesses, professions, and occupations; (b) Taxes and assessments; (c) The control and abatement of nuisances' (d) The granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (e) The exercise of the power of eminent domain. 1.12 "Owner" means the person having a legal or equitable interest in the F: \REAL\8~.3%.:300~O(Y,\DEVELOP~,. AGN 10/0~,/95 6 Project; 1.13 "Project" is the development of the Property in accordance with the Development Plan. 1.14 'Property* is the real property described in Exhibit C, attached hereto and incorporated herein by this reference. 1.1S *RSA Fee* means the fee established by County Ordinance No. 659, as adopted by City. 1.16 *Subsequent Development Approvals* means all development approvals required subsequent to the Effective Date in connection with development of the Property. 1.17 "Subsequent Land Use Regulation* means any I~nd Use Regulation adopted and effective after the Effective Date of this Agreement. 2. Interest of Owner. Owner represents that it has the fee ti~e 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, incorporated herein, and made a part hereof by this reference: Exhibit Designation A B C D Term. Description Existing Development Approvals Existing Land Use Regulations Legal Description of the Property Notice From Mortgagee F:\REAL\8/,3X)OO(~OO~\DEVELOP/4.AGH 10/0/,/95 7 4.1 The term of this Agreement shall commence on the Effective Date and Shall extend for a period of lain (10) years thereafter, unless this Agreement is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the pro'ties hereto. 4.2 This Agreement ~ terminate and be of no force and effect upon the occurrence of the entry of a final judgment or issuance of a final order after exhaustion of any appeals directed against the City as a result of any lawsuit ~ed against the City to set aside, withdraw, or abrogate the approval by the City Council of City of this Agreement. 5. Assignment. 5.1 Right to Assign. The Owner shall have the right to sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et sea.. 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, parmership, 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 atl or a part of the Property. Owner agrees to provide specific notice of this Agreement (which may be by specific exception listed in a Preliminary Ti~e F: \REAL\843~30064004\DEVELOP~,, AM 10104195 8 Report or Titie Insurance Policy), including the record or document number, where a true and con'ect copy of this Agreement may be obtained from the Riverside County Recorder. Co) Concurrent with any such sale, Iransfer, 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 reasonably acceptable to the City AUomey, by the purchaser, transferen, or assignee and providing therein that the purchaser, transferee, or assignee expressly and unconditionally assumes an the duties and obligations of the owner under this Agreement. Any sale, transfer, or assignment not made in sUict compliance with the foregoing conditions shall constituted a default by the Owner under this Agreement. Notwithstanding the failure of any purchaser, U'ansferee, or assignee to execute the agreement required by Paragraph (b) of this Subsection. the burdens of this Agreement shall be binding upon such purchaser, lransferee, or assignee, but the benefits of this Agreement shall not inure ~o such purchaser, transferen, or assignee until and unless such agreement is executed. 5.2 Release of Transferring Owner. Nolwithstanding 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 interest in an or any F: \REAL\8~e3~.~O6/eOO~DEVELOP~,. AG4 10/0(,/95 9 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 or purchaser has provided City with the notice and executed agreement required under ParaF~h Co)of Subsection 5.1 above. (d) The purchaser, tnnsferee, or assignee provides City with security equivalent to any security previously provided by Owner to secure performance of its obligations hereunder. (e) The Owner has reimbursed City for any and all City costs associated with Owner's transfer of all or a portion of the Property. 5.3 Termination of Agreement with Respect to Individual Lots upon Sale to Public and Completion of Construction. The provisions of Subsection 5.1 shall not apply to the sale or lease (for a period longer than one year) of any lot which has been finally subdivided and is individually (and not in 'bulk*) sold or leased to a member of the public or other ultimate user. Notwithstanding any other pwvisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) The lot has been finally subdivided and individually (and not in "bulk') sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and (b) A Certificate of Occupancy has been issued for a building on a lot, and the fees set forth in this-Agreement have been paid. F:\REAL\8~.)'%)(X)Gt, OO4.%DEVELOP&.AGN 10/0~,/~5 lO 5.4 Subsequent Assignment. Any subsequent sale, transfer, or assignment after an initial sale, transfer, or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 6. Mortgagee Protection. The paxties 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 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 reasonable costs associated with said negotiations, interpretations, and modifications and shall make reimbursement payments to City within thirty (30) days or receipt of an invoice from City. Any Mortgagee of the Property shall be enti~ed 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, in the F: \REAL\~,3\3OO~O0/,~I)EVELO~'/, .AC, N 10/0/,/95 ] ], form as attached hereto as Exhibit D, attached hereto and incorporated herein by this reference, 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, in the form set forth on Exhibit D, attached he~eto and incorporated herein by this reference, requesting a copy of any notice of default given to the Owner under the tens of this Agreement, City shall endeavor to provide a copy of that notice of default 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 d_t~_ 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 pwvision 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 p_v~cedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City'sperformance hereunder, and further provided that any sale, U'ansfer, or assignment by any Mortgagee in possession shall be subject to the provisions of Section 5.1 of this Agreement. The term of the Agreement shall not be F: \REAL\8~3%3006AOO/,'%DEV~LOP~, .AGN 1010~,195 12 extended based on the fact that a Mortgagee holds title to the Property for an or any part of the term of this Agreement. (e) Any Mortgagee who comes into possession of the Property, or any portion thereof, pmuant to subsection (d) above and who elects not to assume the obligations of the Owne~ 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 in accordance with the provisions of and subject to the limitations of this Agreement. 8. Project a~ a Private Undertaking/Relationship of Panics. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants, and conditions contained in this Agreement. No partnership, joint venture, or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property and the owner of such property. 9. Changes in Project. No material change, modification, revision, or alteration of Existing Development Approvals may be made without the prior approval by those agencies of the City equivalent to the County agencies that approved the Existing Development Approvals in the first instance (if the County had granted the appwvals) or by the same City agency that granted ~the Existing Development Approvals, (if the City F: \REAL\8~3%300(~00~\DEVELOPZ~. Ag4 10/04/~5 13 granted the approval in connection with the adoption of this AgreemenO. City may expand the permitted uses for the Property without amending this Agreement so long as Owner or Owner's successor retains his/her/their existing entitlements. 10. Timing of Development. The parties acknowledge that Owner cannot at this time predict when, or at the rate at which 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 resu'icting the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties, 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, 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 specifically set forth in the Development Plan. 11. Indemnity and Cost of Litigation. 11.1 Hold Hamless. Owner agrees to and shall hold City, its officers, employees, agents, and repruentatives 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 its contractor, subcontractor, employee, agents, or other person acting on its behalf which relate to the Project (excluding F: \REAL\~e3\3OO6/,OO(,\DEVELOP/, .AGIq 10/0z,/95 ]4 actions by any party not related to Owner or authorized to act for Owner). Owner agrees to and shall indemnify, protect, defend, and hold harmless the City and its officers, employees, agents, and representatives from actions for damages caused 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 for the Project. This indemnification requirement shall extend beyond the termination or expiration of this Agreement. There are no intended or incidental third party beneficiaries to Owners obligations under this paragraph I 1. 1. 11.2 County Litigation Concerning Agreement. In the event the County seeks to challenge the right of City and Owner to enter into this Agreement or to terminate Development Agreement No. 5,and institutes an action, suit, or proceeding to challenge this Agreement or invalidate and/or enjoin the enforcement of this Agreement or the amendment of Development Agreement No. 5, City and Owner agree to cooperate and participate in a joint defense in any action against the parties, their officers, employees, and agents, from and against any and all such obligations, liability, suit, claim, loss, judgment, or lien resulting from such action(s) bwught by County, (but excluding actions to expunge any lis pendens) and to share the costs associated with attorneys fees and costs that the parties may incur as the result of any such action or lawsuit to challenge City and/or 0wner's legal authority to enter into this Agreement and/or terminate Development Agreement No. 5. If the County action is against all impacted developments for which the City has lowered the otherwise applicable County fees, then Owner's defense costs herein shall be its pro rata share among all impacted landowners based on a faction, the numerator F: \REAL\8~3~,xOO6~OO~\DEVELOP~, .AGN 10/04/95 15 of which is the total units owned by Owner which are subject to this Memorandum and the denominator is the total number of units within the City in which the City has lowend the County Fees. If the County action is only against Owner with respect to this Agreement or the amendment to County Development Agreement No. 5, then 0wner's defense costs shall be one-hundred percent (100%) of the attorneys fees and costs for defense of the litigation. Damages (including the difference in the amount of any Interim Public Facilities Fee and the amount of the County Development Agreement Fee paid by Owner to City pursuant to the terms of this Agreement) shall be the responsibility of Owner. To the extent Owner has paid Public Facilities Fees and/or County Development Agreement Fees to City of which it is adjudicated (by final judgment of a court of competent jurisdiction) are lawfully the funds of County, City shall pay such sums to County and Owner shall have such liability for the payment of the difference between such fees reduced by the amount paid by the City. City and Owner shall mutually agree on legal counsel to be retained to defend any such action(s) brought by the County as herein provided. City and Owner each reserve the tight to withdraw from the defense of the County litigation in the event the County prevails at the trial level and there is an appeal. If either party withdraws after the trial and there is an appeal, the remaining party shall pay all the costs and fees associated with said appeal. 11.3 Public Facilities Fees Shortfall. In the event the County prevails in any legal action or other proceeding to challenge, set aside, or enjoin the enforcement of this Agreement and the amendment of Development Agreement No. 5, and a trial court determines by final judgment or order that the Owner and/or the City is liable to make up any shortfall between the amount of the Interim Public Facilities Fee or the City Public F :\REAL\8/~3~,~O6/,OO4\DEVELOP/, .AGN 10/04/~5 16 Facilities Fee, as the case may be, and the County Development Agreement Fee which would otherwise have been imposed pursuant to Development Agreement No. 5, then Owner shall be responsible for paying any such shortfail subject to City's payment to County of any amounts collected and held by City under the t=ni~s of Development Agreement No. 5 -- in excess of that due City under Development Agreement No. 5. Such payment by City and County shall reduce Owner's liability to County for payment of such fees by a like amount paid by City. 11.4 County Prevails in Litigation - Severability. In the event the County prevails at the trial court level against the City or the Owner as described in Section 11.2 of this Agreement, the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as the case may be, shail revert to the amount of the County Development Agreement Fee in effect at the time of entry of the final judgment in favor of the County, or such lesser amount as determined by the court. In the event this Agreement is held to be invaiid or unenforceable by a trial court of competent jurisdiction, the provisions set forth in Sections 12.2 and 12.3 of this Agreement shall no longer be enforceable and from the date of said finai judgment or ruling of invaiidity, Owner shall thereafter pay the County Development Agreement Fee as provided in Section 4.2 of Development Agreement No. 5, or such lesser amount as determined by the court. AU other provisions of this Agreement shall remain vaiid and enforceable notwithstanding said ruling of invalidity. 11.5 Third Party Litigation Concerning Agreement. Owner shall indemnify; protect; defend, at its expense--including attomey's fees; and hold harmless City, its officen, employees, or agents against any loss, cost, expense, claim, or counter-claim, complaint, or F: \REAL\8~,3%3006&.OO4\DEV~LOPA. 10/0~/95 ]7 proceeding to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pmuant to this Agreement brought by a third party other than the County, which claim is based upon this Amendment. 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 falls to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City my in its discretion participate in the defense of any such claim, action, or proceeding. 11.6 Environmental Assurances. Owner shall indemnify, protect, defend with counsel approved by City, and hold harmless City, its officers, employees, agents, assigns, and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response remediafion and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, f'mes, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred, or suffered by, or asserted against, City or its officers, employees, or agents arising from or attributable to any repair, cleanup, or detoxificafion, or preparation and implementation of any removal remedial, response, closure, or other plan (regardless of whether undertaken due to governmental action) concerning any I4aT~rdous Substance or bn7'~rdous wastes at any place within the Property which is the subject of this Agreement. The foregoing indemnity F: \REAL\E/,3\300~00~DEVELOP~, .A~ 10/0~,/9~ 18 extends beyond the term of this Agreement and is intended to operate as an agreement pursuant to Section 107(e)of the Comprehensive Environmental Response, Compensation, and liability Act, *CERCLA,'42 U.S.C. Section 9667(e), and California Health and Safety Code Section 25364, and their successor statutes, to insure, protect, hold harmless, and indemnify City from liability. 11.? Release. Except for nondamage remedies, including the remedy of specific performance and judicial review as pwvided for in Sections 19, 20, and 21 hereof, City, for itself, its successors and assignees, hereJoy releases the City, its officers, agents, and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the City because it entered into this Agreement or because of the terms of this Agreement. ll.8 Reservation of Rights. With respect to Sections ll.l to ll.7herein, City reserves the fight to either (1) appwve the attorney(s) which Owner selects, hires, or otherwise engages to defend City hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that Owner shall reimburse City forthwith for any and all reasonable expenses incurred for such defense, including attomey's fees, upon billing and accounting therefor. 11.9 Survival. The provisions of this Section 11.1 to 11.9, inclusive, shall survive the termination of this Agreement. F: \REAL\SZ,3~3OO6AOOA~)EVELOP~,. AGN 10/0~/95 19 12. Public Benefits. Public Improvements and Facilities. 12.1 Intent. The parties acknowledge and agree that this Agreement confen 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 development of the Project. 12.2 Public Facilities Fee (Residential): Other Public Benefits. (a) In Lieu of the County Development Agreement Fee, RSA Fee or City Public Facility Fee, for a period of five (5) years commencing on the Effective Date, Owner shall pay an Interim Public Facilities Fee of Three Thousand Dollars ($3,000.00)per dwelling unit. The Interim Public Facilities Fee shall be paid as provided in Section 12.5 below. At the conclusion of the five (5) year period, Owner shall either continue to pay the Interim Public Facilities Fee of Three Thousand Dollars ($3,000.00)per dwelling unit or such other public facilities fee as the City has then enacted and applied to residential development projects in the City. Owner expressly acknowledges the existence and holding in the case of Kaufman and Broad Central Valley. Inc. v, City of Modesto, (1994), 25 Cal. App.4th 1577, as it applies to later adopted fees. Owner hereby waives for himserf, and for any successor thereto, the right to challenge the validity or mount of any such other public facilities fees which are enacted and applied to residential development projects in the City. Such waiver applies to the Project after the tint five (5) yean of this Agreement. Owner acknowledges and agrees that City would not have entered into this Agreement if its application or operation would limit in any way the City's ability to develop and apply F:\REAL\~3\3OO~,OO~XDEVELOP~,.AGN 10/0~/95 20 a Comprehensive Public Facilities Fee Program to this Project following the first five (5) years of the term of this Agreement. Owner further acknowledges and agrees that the waiver provided herein applies not only to this Agreement, but to any rights Owner may have under any vesting map filed and deemed complete under the vesting maps statutes, Government Code Section 66498.1et seq. Finally, Owner agrees that the institution of any legal action by Owner, or any successor thereof, to challenge the validity, mount, or application of any public facilities fee after the first five (5) years of this Agreement, including paying such fees *under protest* pursuant to Government Code Section 66020 et seq., shall constitute a material breach and default under this Agreement entitling the City to summary termination thereof. Co) Owner shall also pay all other lawful customary and typical development exactions, for a Project of this size and nature, in existence as of the Effective Date and throughout the term of this Agreement, including but not limited to, Fire, Traffic Signal Mitigation, and K-Rat Fees pursuant to the provisions of City ordinances and resolutions in the existence when paid. (C) Owners shall provide the public benefits stated in Recital L. hereof, which are incorporated herein and made a part hereof. As to the Recreation Center, Owner shall be subject to the performance schedule set forth on Exhibit E, attached hereto and incorporated herein by this reference. 12.3 XjXDjig. Collection of any and all Interim Public Facilities Fees and/or City Public Facilities Fees, if any, required to be paid by Owner pursuant to this Agreement shall be deferred until such time as a certificate of occupancy has been obtained for the first F :\REAL\8/,3\3OO6~,OO~DEVELOP~, .AGI4 10/0~,/95 21 production home built on the Property. Thereafter, the Interim Public Facilities Fees shall be paid at the time of issuance of building permits for each residential unit constructed on the Property. Collection of any and all Interim Public Facilities Fees and/or City Public Facilities Fees paid by the Owner for the model home units in surplus to those fees contained herein shall be credited to Owner. 12.4 Other Applicable Fees. The parties hereto agree that w the extent the fees set forth below have not ben paid prior to the execution of this Agreement by both parties, the Stevens Kangaroo Rat, library, fire, drainage, and traffic signal mitigation fees remain applic. able to the Project. In the event City establishes a permanent public facility fee program which is specifically designed to include one or more of the fees listed above, Owner, or Owner's successor, shall not be obligated to pay such fee or applicable part thereof more than once. 12.5 Public Works. If Owner is required by this Agreement, or any other obligation, to construct any public works facilities which will be dedicated to City or any other public agency upon completion, and if required by applicable laws to do so, Owner shall perform such work in the same manner and subject to the same requirements as would to City or such other public agency should it have undertaken such be applicable construction. 13. Reservation of Authority. 13.1 Limitations. Reservations. and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to F:\REAL\8~3~.30064.00~ADEVELOF'~,.Ag~ 10/0~/g5 22 the development of the Property: (a) Processing estimated actual Approvals. fees and charges imposed by City to cover the costs to City of processing applications for Subsequent Development Co) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure. (c) Regulations imposing Development Exactions; provided, however, that no such subsequently adopt~l Development Exactions shall be applicable to development of the Property unless such Development Exactions are applied uniformly to development throughout the City. No such subsequently adopted Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in pan, as the fees set forth in this Agreement, City shall allow a credit against such subsequently adopted Development Exaction for the fees paid under this Agreement to the extent such fees fulfill the same purposes. (d) Regulations governing construction standards and specifications including without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code. (e) Regulations which are in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of F: \REAL\843\3006400Z,\DEVELOP~,. AM 10/0/,195 23 development of the P~o~-rty shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the P~o~,eny. (f) Regulations which are in conflict with the Development Plan provided Owner has given written consent to the application of such regulations to development of the Property. 13.2 Subsequent Development Al)prov~ls. This Agreement shall not prevent City, in acting on Subsequent Development Appwvals, from applying the Subsequent Land Use Reguhfions which do not conflict with the Development Plan, nor shall this Agreement prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of the F_.xisting or Subsequent Land Use Regulations not in conflict with the Development Plan. 13.3 Modification or Sulpension by State or Federal Law. In the event that State or Federal hws 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 constitutional provisions preventing application of such law or regulation, such hws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 13.4 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 F:\REAL\E/,3~3OO6/,OO~%DEVELOP/,.A(;N 10/0A/95 24 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. 13.5 Tentative Tract M~p Extension. Pursuant to the provisions of Section 66452.6 of the Government Code, the tentative subdivision map(s) or tentative parcel map(s) (vested or regtflar) approved as a pan of implementing the Development Plan shall be extended to expire at the end of the term of this Agreement. 13.6 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in-connection with the development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, etse~.~ and R~verside County Ordinance No. 460, as the same were 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 protection afforded the Owner and City respectively, under the laws and-ordinances applicable to vesting maps shall supersede 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 conflicting provisions of law or ordinances concerning vesting maps. 14. Development of the Property. Vesting. Termination of Development Agreement No. 5. 14.1 Rights to Develop: Subject to the terms of this Agreement, including F: \itEAL\8~3'%3006AOO~'%DEVELOP/~. AGN 10/0~/95 25 payment of the Interim Public Facilities Fee, the Owner shall have a vested fight to develop the Property in accordance with, and to the extent of the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan. In exchange for the vested right to develop pursuant to this Agreement, Owner expressly waives for himself and for any successor thereto, the right to challenge or contest the validity of any condition of approval attached to any entitlement which is a pan of the Development Plan. 14.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the payment of the Interim Public Facilities Fee, the rules, regulations, and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations. City shall exercise its lawful reasonable discretion in connection with Subsequent Development Approvals in accordance with the Development Plan, and as provided by this Agreement including, but not limited to, payment of the Interim Public Facilities Fee and/or the City Public Facilities Fee, as the case may be. City shall accept for processing, review, and action all applications for Subsequent Development Approvals, and such applications shall be processed- in the normal manner for processing such matters. F: \REAL\8~,3%.30064.004.%DEVELOP~ .AGH 10/0/,/95 City may, at the request of Owner, contract for planning and engineering consultant services to e~xpedite the review and processing of Subsequent Development Approvals, the cost of which shall be borne by Owner. 14.3 Changes and Amendments. The parties a~knowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event the Owner finds that a change in the Existing Development Approvals is necessary or appropriate, the Owner shall apply for a Subsequent Development Approval to effectuate such change. If approved, any such change in the Existing Development Approvals shall be incorporated herein as addendure to this Agreement and may be further changed from time to time as provided in this Section. Owner, shall, within thirty (30) days of written demand by City, reimburse City for any and all reasonable costs, associated with any amendment or change to this Agreement that is initiated by Owner or Owner's successor -- without regard to the outcome of the request for amendment or change to this Agreement. Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Existing Development Approvals shall be deemed *minor* and not require an amendment to this Agreement provided such change does not: (a) Alter the permitted uses of the Property as a whole, except as provided in Seclion 9 hereof; or, Co) Increase the density or intensity of use of the Property as a whole; or, (c) Increas~ the maximum height and size of permitted buildings; or, F: \~EAL~8~.3~..~(X)6/.00/.M)EVELOI~ 10/0~./~5 (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or, (e) Constitute. a project requiring a subsequent or a supplemental Environmental Impact Report pursuant to Section 21166 of the Public Resources Code. 14.4 MinimUm Unit Size. Owner agrees that the units to be constructed on the Property shall be a minimum of one thousand (1,000) square feet in size. 14.5 Termination of Development Agreement No. 5. Both City and Owner agree that on the Effective Date of this Agreement, Development Agreement No. S shall be terminated and of no further force or effect as to this Project only, having been replaced by this Agreement. 15. Periodic Review of Compliance with Agreement. (a) Pursuant to City Resolution No. 91-52, as it may be subsequen~y amended, City shall review this Agreement at least once during every twelve (12) month period from the Effective Date of this Agreement. The Owner or successor shall reimburse City for the reasonable and necessary costs of this review, within thirty (30) days of written demand from City. Co) During each periodic review by City, the Owner is required to demonstrate good faith compliance with the terms of this Agreement. The Owner agrees to furnish such evidence of good faith compliance as City in the exercise of its discretion may ~xluim. 16. Financing District. Upon the request of Owner, the parties shall cooperate in exploring the use of special assessment districts and other similar Financing Districts for F: \REAL \8~3;~3OO~OO/,~DEVELOPZ, .AGN I0/04/~5 25 the financing of the construction, improvement, or acquisition of public infrastructure, facitities, Lands, and improvements to serve the Project and its residents, whether located within or outside the Property. It is acknowledged that nothing contained in this Agreement shall be construed as requiring City or City Council to form such a district or to issue or sell bonds. 17. Amendment or Cancellation of Agreement. This Agreement may be mended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Cede Sections 65868, 65867 and 65867.5. If an Amendment is requested by the Owner or its successor, the Owner/successor agrees to pay City any Development Agreement Amendment fee then in existence as estnblished by City Council Resolution, or if no such fee is established, to reimburse City for the actual and reasonably necessary costs of reviewing and processing said Amendment within thirty (30) days of written demand from City--without regard to City's action on such amendment. 18. Enforcement. Unless amended or canceled as herein provided, this Agreement is enforceable by any party to it notwithstanding a change in the applicable general or specific plan, zoning, subdivision, or building regulations adopted by the City which alter or amend the rules, regulations, or policies governing permitted uses of the land, density, design, improvement, and construction standards and specifications. 19. Events of Default. Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: (a) If a warranty, representation, or statement made or furnished by Owner to City is false or proves to have been false in any material respect when it was made; F: \REAL\843~%300~400~%DEVELOP~, 10/0~/~5 (b) More than forty-five (45) days have passed since City's making of a written request to Owner for payment or reimbursement for a fee or service authorized or agreed to pursuant to this Agreement. (c) A finding and determination by City that upon the basis of substantial evidence the Owner has not complied in good faith with one or more of the terms or conditions of this Agreement. 20. Procedure Upon Default. (a) Upon the occurrence of an event of default, City may terminate or modify this Agreement in accordance with the procedure adopted by the City. Co) 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 this Agreement. (c) Non-performance shall not be excused because of a failure of a third (d) Non-performance shall be excused only when it is prevented or delayed by acts of God or an emergency declared by Governor. (e) All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing development agreements are available to the parties to pursue in the event there is a breach. 21. 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. Owner, for itself or any successor F: \REAL\BZs3~OO6/eOO/e\DEVELOPI,. AGN 10/0~,/~5 30 thmto, expressly waives the right to seek damages against the City or any officer, employee, or agent thereof, for any default or brea~h of this Agreement. As a matl~r of agreement between BCI]CCL No. 1 and BCI/CCL No. 2, all costs are associated with indemnity or liabilities described hereunder, shall be divided between such parties sixty percent (60%) to BCI/CCL No. 2 and forty percent (40%) to BCFCCL No. 1. In general, each of the parties he~to 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 bre~.ch of that Agreement by City. 22. Attorney's 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. 23. 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 and presumed delivered upon actual receipt by personal delivery or within three (3) days following deposit thereof in United States Mail. Notice required to be given to City shall be addressed as follows: To City: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Atm: City Clerk With A copy to: Peter M. Thorson, Esq. City Attorney Burke, WilljamS & Sorensen F:\REAL%84.3~OO6~OO/e~DEVELOP~.AGR 10/0/,/~5 3 1 611 W. Sixth Street, Suite 2500 Los Angeles, CA 90017 Notices required to be given to Owner shill be addressed as follows: To Owner: BCI/CCL Venture No. 1 and BCIJCCL Venmre No. 2 c/o CCL Chardonay Hills, Inc. 2010 Main Street, Suite 960 Irvine, CA 92714 Attention: Joe Richter With A copy to: Palmieri, Tyler, Wiener, Wilhelm & Waldron 2603 Main St., F~,t Tower, Suite 1300 Irvine, CA 92714 Attention: Gregory N. Weiler, Esq. 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. 24. Cooperation. City agrees that it shall accept for processing and promptly take action on all applications, provided they are in a proper from and acceptable for required processing for discretionary permits, tract or parcel maps, or other land use entitlement for development of the Project in accordance with the provisions of this Agreement. City shall cooperate with Owner in providing expeditious review of any such applications, permits, or land use entitlement and, upon request and payment of any costs and/or extra fees associated therewith by Owner, City shall assign to the Project planner(s), building inspector(s), and/or other staff personnel as required to insure the timely processing and completion of the Project. 25. Rules of Construction and Miscellaneous Terms. F:\R~L\~3~OO660~E~L~,A~ 32 (a) The singular includes the plural; the masculine gender includes the feminine; *shall' is mandatory, *may* is permissive. If there is more than one signer of this Agreement their obligations are (b) joint and several. The time limits set forth in this Agreement may be extended by mutual written consent of the parties Agreement. in accordance with the procedures for adoption of the (d) This Agreement is made and entered into for the sole protection and benefit of the paxties 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. 26. Entire Agreement. This Agreement and the exhibits hereto contain the complete, final, entire, and exclusive expression of the agreement between the parties hereto, and is intended by the parties to completely state the agreement in fuR. Any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto not expressly set forth in this Agreement shall be null and void. 27. Counterparts. This Agreement may be executed in multiple counterparts, each of which so fully executed counterpart shall be deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other party to this Agreement is in the physical possession of the party seeking enforcement thereof. 28. Authorit,v to Execute. Eax:h party hereto expressly warrants and represents F: \REAL\8~,3%3006~OO/,\DEVELOP/,. AGM lo/o~/9s 33 that he/she/they has/have the-authority to execute this Agreement on behalf of his/her/theft corporation, partnership, business entity, or governmental entity and warrants and repents that he/she/they has/have the authority to bind his/her/their entity to the performance of its obligations hereunder. IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. 'City' City of Temecula Attest: By: Jeffrey E. Stone, Mayor June S. Greek, City Clerk Approved as to form: Peter M. Thorson, City Attorney F:\REAL\84,3%300(~,OO4\DEVELOP4.AGlI 10/0~/95 BCI/CCL VENTURE NO. 1, L.P. California limited partnership and BCI/CCL VENTURE NO. 2, L.P.,a California limited parmership BY: CCL CHARDONAY HILLS, INC., a California corporation, their General Partner By STATE OF CALII:ORNIA COUNTY OF ORANGE On October 11, 1995 , before me, Arleen D. Sales, Notary Public, personally appeared David Chang personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WrrNLcS my hand and official seal. ARLEEN O. SAI~S Signature of Notary CAPA~ '~ i f CLAIMI~D [ffCorporate Officer Title(s) President {~Partner(s) Cl Limited Ca'General [] Attorney-In-Fact ~ Trustee(s) ID Guardian/Conservator a Other SIGNER IS REPRESENTING: CCL Chardonnay I-qillg, Inc., a Califorrda corporation, General Partner of BCI/CCL Venture No. 1, L.P. & BCI/CCL Venture No. Z L.P. DESCRH"fiON OF ATTACHED DOCUMENT Amendment and Restatement of Development Agreement Specific Plan Area 14 Planning Application No. 94-0078 and 94-0079 'Margarita Village" NUMBER OF PAGES Forty-Four (44) EXHIBIT A EXISTING DEVELOPMENT APPROVALS General Plan -Low-Medium Density Residen~inl Specific Plan - Stat~ Subdivision Map Act No. 460, Specific Plan No. 199 (Margarita Village), Ordinance No. 348. Development Agreement -Development Agreement No. 5 Land Divisions - Tentative Tract 22716 Final Tract Map No. [To be inserted] F:\REAL\~3\3OO6~OO4'~DEVELOP/,.AGN 10/0~/95 EXHIBIT B EXISTING LAND USE REGULATIONS General Plan Land Use designation is Low-Medium Density Residential. F:\REAL\B~3~3006~00/.~DEVELOP/,.Ag4 1010/,195 EXHIBIT C LEGAL DESCRIPTION [To Be Inserted] F: \REAL\8,~3\3OO6~DO&\DEVELCP/e 10/(Y,/95 EXHIBIT D REQUEST FOR NOTICE OF DEFAULT UNDER DEVELOP1VIEJ~ AGRF-F-MENT Development Agreement: Amendment ~nd Restatement of Development A~reement Specific Plan Now 199. Mar~arita Village Planning Application No. Date: To: City Clerk and Planning Director, City of Temecula Pursuant to Section 6Co) and (c) of the above-referenced Amendment and Restatement of Development Agreement, request ishereby made by as Mortgagee for the property (or portion thereof) to receive copies of any Notice of Default issued by City against Owner in accordance with the terms and conditions of such Amendment and Restatement of Development Agreement. Copies of any such Notices should be mailed to the following address: (Mortgagee) (Person/Department) (Address) (City/State/Zip) (Telephone No.) A copy of this Notice should be filed with the project file to insure proper and timely notice is given. Under the teams of said Amendment and Restatement of Development AgreeBent, as Mortgagee ~s entitled to receive copies of any Notice of Default within ten {10) days of sending any such Notice to Owner. Failure to send any such Notice may have serious !eRal consequences for the City. This request is to remain in effect until revoked by as Mortgagee or the Amendment and Restatement of Development Agreement is terminated. The person executing this document on behalf of said Mortgagee warrants and represents that the entity he/she represents is a bonafide Mortgagee of said properly and is entitled to receive copies of Notices of Default under said Amendment and Restatement of Development Agreement. F: \REAL\8/,3'~OOG~QOZkXDEVELOP/, .AGN 1 The undersigned declares the above information is true and correct under the penalty of perjury under the laws of the State of California. Datul: ,1995. MORTGAGEE (signature) Its: (title) [Notary required] This Notice is to be sent to both the City Clerk and Planning Director for the City of Tcmecula at 43174 Business Park Drive, Temecula, CA 92590 or such other location as Temecula City Hall may be located in the future. F:\REAL\BA3~,~OO6~OO~DEVELOP4.AGN 10/04,,,9~ PERFORMANCE EXHIBIT E SCHEDULE FOR RECREATION [See attached] F: \REAL\8~3%30064,00~,\DEVELOP~, .AG~ 10/0,~,/95 CCL CoNs'r~ucnoN, INC Stplmnbg21, 199S :23100-2end23100-3unkssG.min,L.'--(Ssuc]bdow) gnmstbaRfaes~m udPm:Ar~ My photo t~,,-~,-~ is (714) 5~-3214 m:L #13. 2DIDMAaM II'~tEL,'T',IUnlC~I(2.11IVtliE. CADaTI& 714g:34~14 mmmmmmmMm~mmmm mm~mm~mmm~ ~mmMmm mmmmmpmm~mmmmmm m~mmm~mmm~mM. Mmm. C~GMI'!!UCTIQNBGT4EDUi. JE&STAM CHAItDONIMY I41.L8 i C~3t~'TRUCT~I mC:H~D~JI,,~ · I II II IIII II ATTACHMENT NO. 7 EXHIBITS R:~STAFFRF~?gPA95.PC 9125/95 t~n ~ CITY OF TEMECULA CASE NO. - PA95-0078 DEVELOPMENT AGREEMENT FOR TRACTS 23100 and 23101 EXHIBIT - A VICINITY MAP PLANNING COMMISSION DATE - OCTOBER 2, 1995 ]~:',STAIrFILPI~7~PA95.PC 9/25195 ~n ITEM #4 TO: FROM: DATE: SUBJECT: Planning Commission Debbie Ubnoske, Planning Manager October 16, 1995 Draft Development Code MEMORANDUM Prepared by: John Meyer, Senior Planner RECOMMENDATION: Staff recommends the Planning Commission review the draft Development Code, take public testimony, and direct staff to make any modifications in order to make a recommendation of approval to the City Council. INTRODUCTION On March 20, 1995, the Planning Commission began the Public Hearing Process for the Temecula Development Code. The Development Code is the primary instrument for implementing the General Plan. Temecula's General Plan is a 20oyear Plan, while the Development Code and the Zoning Map respond to shorter-term needs and conditions. Each of the residential, commercial, business park, and other land use designations are detailed by land use zones which specify permitted uses, conditional uses, and development standards for each zone. BACKGROUND At the July 17, 1995 Planning Commission meeting, the Commission reviewed and commented on the Consistency Zoning and City sponsored General Plan Amendment which were then continued to the August 21,1995 meeting. At the August 21,1995 meeting, the Commission provided direction on 15 General Plan Amendments, and three modifications to the Zoning Map. At the September 18, 1995 meeting the Commission provided direction for two additional General Plan Amendments. Staff is now requesting the Commission review and comment on the Revisions Addendum which includes changes to the Chapter 9.34 Definitions of Terms. In addition to the Revisions Addendure, staff has attached a complete version of the City Attorney Comment Letter, which also responds to questions previously raised by the Planning Commission. REVISIONS ADDENDUM The attached Revisions Addendum consists of changes requested by the Commission during its review of the Draft Development Code dated March 9, 1995. The additions/revisions to the section are shown in ~i~ and the deletions are shown with a strikc out. Page numbers reference where the modified text is located in each section. Please note the attached revisions addendum has been updated for the October 16, 1995 meeting. Attachments: Revisions Addendum - Blue Page 3 City Attorney Comment Letter - Blue Page 4 ATTACHMENT NO. 1 REVISIONS ADDENDUM REVISIONS ADDENDUM October 16, 1995 The following Revisions Addendum consists of changes requested by the Commission during its review of the Draft Development Code dated March 9, 1995. The additions/revisions to the section are shown in ~ and the deletions are shown with a ~ R:~DEVCODEX!~EVADD2 10/12/95 Chapter 9.03 9.03.040 (c) Admini~ration of Zoning Public Hearing and Notification (see page 5) Posting of P~uperty See graphic at end of addendum Chapter 9.04 Permits 9.04.030 Home Occupation Perudis (starts on page 9) (d) (1) Requirements for Approval, Conditional Approval, or Denial of a Home Occupation Permit The home occupation shall be conducted entirely within in a dwelling or attached enclosed building and must be clearly subordinate to the use of the dwelling for residential purposes. Further, not more than twenty (20) percent of the gross floor area not to exceed 300 square feet, Shall be used exclusively for a home occupation,i~i! Horticultural activities only may be conducted outdoors, but shall be within the rear one-half of the parcel. (3) There shall be no ~ sales of goods or displays of goods on the pmmi~c~. (15) If the Home Occupation is to be oondueted on rental property, the property owner's writlea authorin,ion for the propo~ use shall be obtained prior to the submittal for a Home Occupation Permit. Chapter 9.05 Development Plans 9. 50. O10 Development Plans Co) (2) ~ ~',,~c~ Required (see page Developmerit of an indivi&ml re-~idt~nlial or ~1 ~ ~ ~ w~ ~, An individual Single family home on a previously subdivided lot is exempt from the Development Ixlan requirements. Residential Development projects, for which a tentative or parc~ map is or was required arc not exempt from submitting a Devdopment Plan. R:XDEVCOD~X~.~VADD2 10/12/95 2 (d) (1) Hcaximg Procedures for Approval of a Development plan (see page 2) _Appxoval by Director of pl_annln~: When a proposed projea is less than 10,000 square feet of new building area or. is the .toview.of'single family tract ~, and requires a negative declaration, EIR, or other action under CEQA, the Director of planning Shall have the authority to approve, approve conditiOnally, or deny the project. The Director of planning will ~ 'oCh^~,~'-'-I; a noticed public hearing prior to making a determination. 9.05.020 Co) Administrative Approval of Development Plan When Required (see page 3) Admini.m'ative review is permitted for applications for minor exceptions, temporary uses, and subatantini ennformancc to approved plans, and for development ~ Fl~n; less than 10,000 Sq. ft. that are exempt from the CEQA process, and for modif~tlions to pteovioudy axopmvod plans x~viowed by the, approval body. Chapter 9.06 Residential Districts 9.060.020 Description of Residential Districts (d) Low Medium Density Residential (LM) (see page 2) The Low Medium Residential zoning district is intended to pwvide for the development of single family homes on lots of $~ 7,2~'Y3 to 10,000 sq. ft. of net lot area. Typical density for the Low medium Density Residential Development is from 3 to 6 dwelling units per acre, Table 9.06(a) Schedule of Permitted Uses (starts on page Permit Congregate Care Residential Facilities for the Ridefly in the L-2 Zone l~ptlnl DiStrictS (subject to special use standards and regulations as discussed below). Add footnote to Family Day Care Homes - l ~rge (7-12 children) as follows: A CUP processed for Lar~ Family Day Cam Homes is subjcct !o Healfit and Safety ~ Section 1597.46 (a)(3). In accordance thmmvith, noti~ of the apron I~ ~ed shall be mailed m suumm~ prupe~y owners within 100 feet only and the notice shall indicate that mdcss a request for a IP, arint is R:',DEVCODE~REVADD2 10/12~5 3 Table 9.06(b) Development Standards - Residential Districts Oxtge 5) L-2 ,';---:--~.~------:-- Dwelling Units per Acret-~ ~ 9.06,050 Special Use Standards and Regulations (a) O) Residentlal Density Incentives (see page 6) Increase in the Maximum Residential Density. TIffs ml~tioa is exclusive of den~ty bonuses as established under tl~ State Government Code Section 6~915. As a part of the process... (2~ Privacy Standards (see page 8) Visual Screening. All windows of adjacent residential units Shall be OffSet ~ from windows of the adjacent units. 8creoning is to bc aehicved by appropriato placement of windows in adjacent units and through discretionary placement of landscaping. Windows Shall be off$et at least three feet or angled to prevent direct view into an adjacent residential unit. (d) Accessory Structures and Uses (see page 10) (e) Swimming Pools (see page 11) Swimming Pools and ~ which are capable of holding water to a depth of 18 inches or deeper shall be located only in the side or rear yards or allowable buildable area, with a setback of five feet from any property line. and ~ shall be enclosed by wall~ or fences no less than ~ 6 feet in height on exterior property lines. Pool ~ equipment an~ rr= may be located in side and rear yards with a setback of at least three feet from any property line ~ R:',DEVCODE~RBVADD2 10/12/95 (h) Senior Citizen/Congregate Care Facililies/Affordablc Housing (see page 12) Senior citizen/congregate caxe facilities/affordable housing d~velopments axe perulittod in the (I.2, LM, M, alld Ix) zoning districts subject to the approval of a Development Plan by tho Dire~r of plnnning O) (2) O) (2) MnnufacUtred Housing (see page 14) The exterior siding shall ~ oonaist of dthef wood or stuooo as dotormlned by the Director of Planning. In determining the material to be used, the Director shall consider the types of consU'uction materin!.~ used on existing houses in the immediate neighborhood. Family Day Care Home Design Standards (see page 14) ~i~~ Large day care facilities (seven (7) or More children) shall not be located within 300 feet of another large ~ facility. (o) (2)(g) (3) Property Maintenance (see page 21) "Vehicles as used in this section Shall include but not limited to, commercial vehicles, automobiles, trucks, i~ trailers, motor trucks, senfi- trailers motorcycles, mopeds, campers earnper shells boats or other large portable recreational and commercial equipment; and, Recreational Vehicle Storage Yard P,r. lig'ous instimliuns ar~ ~onditiomtly pea~iU~. in all ,~sidem~al zoaiag. dialrim. Religious institutions shall b~ developed in the illowing manna. ( 1 ) The facility shall comply with all !and use rogulations and si~e development standards of lt~e zoning dimlet in which it is loca~d. (4) krealioual fadlifies other than open fields shall havo a minimum 25 ft. s~ from pru~ lines adjoining n~ uses. (5) The buildings and l~trking shall be !o~ to minimize impact on adjm:eut toddeafial uses. ~ nnd Breakhst EsrdblishmetU (B&B's) am conditionally pennituxi in all residentS1 rming districts. Bi3's shall be deveJoped in the b]iosvi~g (t) The Facility bbali cemidy w~ edl hind use n:gulations and s~ dcvck~praem standards of the zoui~ dlstticr in which ~r is 'louttad. C2) The usc. shall be incHera] to the primary us~ of the re,e, klential structure to eu.mre eompatil~lity with adjacent residential uses. (4) The.asw, tior appeer~nee of ~he sttuc~re shall have a ~resi(kmial/slngle-family characta. (9) In addition to th~ residential parking requirements, I off-street lxtrking space shall be providgxJ for each guest room. Tandan paxiclng shall be permitted. (ll) S&Bsshailmectatlofthcrequiremcntsofthe(~ityFireDepaxbjdmtand County lieallb Depmlment. (13) No Xeceptions, 'private parties or similar activities, fur which Z fe~ is paid shallbepetmit~! 9.06.060 Landscape Standards (b) (3) plant Material (see page 23) Street tFe~s Shall be planted at a minimum of one t~ee per 45 linear feet of street frontage. Intctior tn~ ~hn]] be n minimum 14 gallon ni~ at time of R:~DRVCODE~,I~VADD2 10/12/95 6 (d) Landscape Design Standards (see page 24) (1) all setback m shall be landscaped, ... Chapter 9.08 Commerci3YOffice/Industrial Districts 9.08.030 Use regulations Table 9.08(a) (starts on page 4) Aerobics/Dance/C-~uu~astic, s/Ja,,ercise/martial Arts Studios (less than 5,000 Sq. Aerobics/Dance/Oymnasfics/Jazz~rcise/manial Arts Studios (greater than 5,000 Sq. ft.) Alcohol and Drug Treatment (outpatient) - prohibit in NC Alcohol Beverage Sales and S~iee - no change Adult businesses ~ Subjoa to Chap~ 5.08 of the Tem~da Municipal Code Cutlm~ - P~,,,iUa:l }n CC, HTC .and SC D~licatesscn - Conditionally Permit in NC General Merchandisc/R~tail Store < 10k sq. ft. - Conditionally Permit in NC Guns and Firearm Sak. s - Permilt~d j~ CC and SC Mas~ R~--re~on~l Vehicle l~rL~ - Co~!itjonaliy Pexmit~ in HTC Restaurants and Other Eating Establishments - conditiona|ly permit in NC 9.08.050 Special Use Standards and Regulations Chapter 9.16 Specific Plan Overlay District 9.16. 020 Procedures (e) (1) Findings (see page 2) The proposed Specific Plan is consistent with the General Plan 9.16.060 Amendments to Approved Plans (see page 4) Amendments to approved Specific Plans Shall be made ~ the same procedure as ~ followed when the plan was adopted. Any adopted Specific plan may also be repealed by the same procedure as ~i~ii~ the plan was originally adopted. Prior to the adoption of an ordinance to repeal and discontinue a Specific Plan, the City Council, with a recommendation from the Planning Commission, shall find that the plan is no longer necessary for the orderly and systematic implementation of the General Plan, The repealing ordinance Shall include provisions for the immediate application of appropriate zoning to the area covered by the re~aled plan. Chapter 9.18 Village Center Overlay District 9.18.020 Procedures (xee page (a) Pre-submittal and Preparation of VilhL, e Center Plans A preliminary application and fee are required prior to filing a formal Village Center Plan application. A pre-application conference with the Planning Department representatives is required prior to filing of the formal specific plan application. This is intended to provide direction to the applicant and to provide information prior to preparation of detailed plan~, (2) Prior to the preparation of a Vilh~,e C~-m~r ~ applicant slmll hold a pubiv: scop'mg meeting to identify pmn~ comity congoms about the project. Public noti~ of the s~n~ mee~g is tsquired. Noticing procedures shall be (e) (I) Findings (see page 2) The proposed Viiiage Center Plan is consistent with the General Plan 9.18.060 Amendments to Approved Plan (see page 4) Amendments to approved Village Center Plans shall be made ~ the same procedure as ~ followed when the plan was adopted. Any adopted Village Center Plan may also be repealed by the same procedure as ~;ii~ii~ the plan was originally adopted. Prior to the adoption of an ordinance to repeal and discontinue a Village Center Plan, the City Council, with a recommendation from the planning Commission, shall fred that the plan is no longer necessary for the orderly and systematic implementation of the General Plan_ The repealing OrdinanCe Shall include provisions for the immediate application of appropriate zoning to the area covered by the repealed plan. Chapter 9.24 Off-street Parking and Loading 9.24,020 General Provisions (d) Location of Paxking and Loading Facilities (see page 4) (3) Vehicles and Equipment Repair Storage The following provisions shall apply to any vehicle, motor vehicles, motorhome, camper, camper trailer, trailers, unmounted camper, trailer coach, motorcycle, boat or similar conveyance in all residential district, and to sites in any other district used for residential occupancy: Table 9.24 (a) Parking Spaces Required (starting on page 8) Commercial Uses Fumimrc Stores, BuJk Restaurants * Fast Food 1 space/75 SF-GFA, with a minimum of 10 spaces in all cases, Quoing laxtoo for drive up windows may bo countod toward the offstrcot parking requirement equivalont to 1 space per 20 ft of Recreational Uses Batting Cages 2 spaces per cage, with other uses cal~'ulatud separately Aembics/hnce /Gymnasticsllazzercisc /Martial Arts 1 space I~r 200 SF of GFA 9.24,040 Parking Requirelnents (g) Motorcycle Spaces (see page 19) Facilities with over... Motorcycle parking spaces shall be counted as fulfimng the offs~regt partd,L~ reqe~ts at the rate of two (2) mofow~e spaces for one (I) vehicle mpac~. Up m eight (8) mororeycle parkh,g spaces in addition to the minimum may be provided to reduce off street parking n~qu~. 9.24.0~0 ParkinE Facility Layout and Dimension (a) (b) (1) (g) Parking Space Dimensions (see page 13) The minimum size of a standard parking space shall be 9 feet wide and ~9 ~ feet long (9' x 4~ 18'). ~ ~ w',~in e.n~ ~a'a~s shall I~ 10 feel ~d~and.20fe~t Imp. Driveway/Drive Aisles Driveways providing access to parking facilities Shall have the following dimensions: Non-l~sidential Uses. The minimum width shall be ~wel-ve ~ feet (4--2-~ for one way traffic... l~ndscaping (see page 19) All landscape aleas shall include tree, shrub and 8~u~ndcover plantLugs. Layout of plant material shall be consistent with the City's adopted water efficient landscape ordinance. Although mulch is required it cannot bc confide, red a substitute for groundcover. Chapter 9.34 9.34.01 (a) Definition of Terms Dermitions and Illustrations of Terms hA" Dermitions and Illustrations (starts on page 1) Abandoned Activity A business or activity with no mpozl~l sales or production for a perled of at ( s0) d ys .... Apartment One or more rooms with a private bath and kitchen facilities comprising an independent serf-contained dwelling unit in a building containing more than two ~ dwelling units. Apartment Building A structure containing three (3) or more... Co) riB" Dermitions and Illustrations (starts on page 4) Base Flood · i'-:~'!.i .... equaled or flood. R:XDEVCODI~EVADD2 1~t12/95 l0 Basement Body or Hearing Body Buffer Zone Building, Main Building Height Building Historic A space wholly or partly underground and having more than one-half ~ of its height, measuring from its floor to in ceiling, below the avenge adjoining grade; ff the finished floor level ~y above a basement is more than SiX ~ feet above grade, such basement Shall be considered a story. A mound or embankment of earth, usually two ~ to siX ~ feet in height. The individual or group duly authorized by this c~.FW, r to grant changes to, relief from or special consideration under ~ the An area of land separating two ~ distinct land uses that acts to soften, mitigate, or protect the effects of one land use on the other. A building within which is conducted the principal use permitted on the lot as provided by this !i~ c~aFtcr. no more than five ~} percent of the roof area shall be excluded from the measurement. A building ~ list individually on the National Register of Historic places by a State or county agency charged with recognition or preservation of historic structures, or by ~ :-~l--'-tlc, n of the ~ Council as having ... (c) Camp, Public Centerline "C" Def'mitions and Illustrations (starts on page 10) A plot of ground upon which two ~ or more campsites ... The centerline of a street as referred to in the sh U ...... the shall designate the centerline. Church (Religious Facility) Clinic Conditional Use An assemblage of people for ~ "'^--~:- ...... v or an institution facilitating ~, ,n,^_,.:_ includting ... who remain less than ~4 hours, and which may ... ... of such use as specified in ~ taae Develcgment Code Or?:---.~..-n^~ and authorized by the Phmni~g Commission. R:~DEVCODB~!BVADD2 10/12/95 Condominium A structure COetaining two ~} or more ... Congregate Care Apamnent housing, us.ally for senior citizens ~ Imdicqul~[ in ~'~-~,dan~ ~ Health and Safe~y Code Section which ... Congregate Living Health Facility ... medical supervision, ~~ ~4- hour ~l~llcd nursing o _ Court Any open space, unobstructed from S,u-nd to sky, other than a yard, that is on the same lot with and bounded on two ~ or more sides by the walls of a building. (d) "D" Def'mi~ons and mustrations (starts on page Id) Demolish To remove more that :/-5 percent of the exterior building or structure, as measured by the linear length of the Wall.% Detached Building A building which does not have a wall of f~4 feet or more in length in common with another building. Drug Abuse Recovery or Treatment Facility Any ~ ,~---c~', place or building which is maintained and operated exclusively to proved ~ ~4 hour residential nonmedical services in u group sotting to adults, which may include, but need not be limited to, ~!~.!.~ mothers under eighieen (18) 4-8 years of age and their child~n, who are recovering from problems relaled to alcohol, drug, or drug and alcohol misuse or abuse and a~e con~ntly capable of meeting thoir lifc support nccd~ indopcndenily, but who temporarily need and alcohol Euidunoc, counseling, or other alcehol or drug recovery Vestment or deWxif'w, atlon services. Dwelling, Multifamily A building or portion thereof used an/or designed as a residence with three ~ or more separate dwelling units. Dwelling, Stacked An aUached multiple family building that is two ~ or more in height .... Dwelling, Townhouse An attached dwelling, typically two ~ stories in height, ... R:~DEVCODEXP, EVADD2 10/12~95 12 Dwelling, Triplex A detached building that is designed for occupation as a residence for three {~ families living ... Dwelllng Group A group of three ~ or more detached buildings used ... required by this :h=F*.er but not including tourist o_ (e) "E" Defmltions and llhtstrations (pa~e 22) Existing Use The use of a lot or structure at the time of the enactment of ~ (f) "F" Def'mitions and Illustrations (starts on page 22) Family One or more persons related by blood or legal status or a group of not more than six persons, excluding servants, not related ~ blood or marriage, living together as a single housekeeping unit in a dwelling unit. Family Day Care Home, Small A home which provides family day care to six or fewer uu n, incl.ding c.u . who reside in the home. Family Day Care Home, Large A home which provides family day care to seven to twelve hi l. g who reside in the home. Floodway .. the water surface elevation more than ~iiii~ -l- foot .... Food Market · normally less than ~n nnn square feet of floor area. Foster Family Home Any residential facility providing ~14 hour care for six ~ or fewer foster ... Front Lot Lines ... ff the lot in quesdon is a comer lot classification, the narrower of the two ~ frontages shall be designated as the front lot line. R:%DEVCODE~,EVADD2 10112]95 13 (g) "G" Dd'mitions and Illustrations (starts on page 26) Garage A deck, building or ~ structure, or pan thereof, used or intended to be used for the parlring and storage of vehicles. Caade ... within five ~ feet of a sidewalk, the average of the finished ground level at the sidewalk- "Granny Flat" Housing ~ ~, additional dwelling unit to be attached or detached from a primary ~ ~:"~r,--?~/on a parcel zoned ... Group Home Any residential care facility for six ~ or fewer persons which is licensed by the State. (h) "H" Definitions and Illustrations (page 30) Health Care Facilities Facility or institution-, ... Homeowners Association A community association conducted solely by owners and/or occupants of a particular reaklew~ developritual dwclling unit in a manner incidental to residential occupancy. Hospital, General Care ... an organized medical staff which provides ~4 hour inpatient ... Hotel A residential building containing six ~ or more guest rooms ... (j) "J" Definitions and Illustrations (page 31) Junk or Salvage Yard ... materials, machinery, two ~ or more unregistered and inoperable motor vehicles or other types of junk. (k) "K" Defmitions and Illustrations (page 31) Kennel An establishment in which more than four ~ dogs or domesticated animals more than four ~ m6~iths old are housed, groomed, bred, boarded, trained or sold. R:~DEVCODEXRBVADD2 10/12/95 14 (l) "L" Dermifions and Illustrations (starts on page 32) Lowest Floor ... of the Flood plain Requirements of this Lot, Corner A lot or parcel of land abutting upon two ~ or more streets at their intersection, or upon two ~ parts of the ~ame street forming an interior angle of leSi ~han ~ 125 degrees. A lot having access to a street by means of a private driveway access easement, or parcel of land not meeting the requirements of this Development 'Code O~r:----cc for lot width, but having a dimension of at least twenty (20) ~O feet at its narrowest point. Lot, Subs~andard Any lot which does not meet that minimum dimensions requh'ed by this ~ c~i::.=:c the area of any easement which resU'icts the normal usage of the lot may be included. Lot Area, Net ... To generally calculate net area, ~i~ ~4} percent of the gross area is assumed to be used for public rights-of-way. Depth The average linear measurement between the from and rear lot lines when measured at ~i~ 90 ~ ~cc~,~c angles fwm the fwnt lot line. Lot Line, Front ... of the two {~ street frontages sha[l be designated as the front lot line. ... straight line not less than ~i~j 40 feet long, within the lot, and most nearly parallel to and at the maximum distahoe from the front lot line. (m) "M" DeEions and Illustrations (starts on page 35) Map Act The Subdivision Map Act of the State of California, Merger The joining of two ~ or more ... Minor Exception A special permit which wffi allow minor adjustments to certain requirements set fmlh in ~ the Developmere Code when it can be shown that strict compliance would be impractical or undesirable in meeting the purpose and intent of ~ ~ the ordinance and that the adjustmeat wffi not have an adverse effect on the adjoining properties. A Minor R:~DEVCODE~REVADD2 10/12/95 15 Mixed Use Mobile Home Pa~k Motel ExceptiOn is granted at the discretion of the pinnning Director subject to limitation set forth in ~ ~ Development Code. ... of land with two ~ or more different uses..: Any area or tract of land where two ~ or more .lots are rented or leased or held out for rent or lease to accommodate two ~ or more manufactured homes or mobile homes used for human habitation. An establishment otherwise defined as a hotel with at least ~ ~-5 percent of all rooms... (n) "N" Dermitions and Illustrations (starts on page Neighborhood Center ... is approximately five ~ to ~i!~ acres in size. Neighborhood Commercial Center ... is approximately two ~ to three ~ acres in size. Nightclubs, Taverns, Bars Establishment ~ providing preparation ... Nonconforming Iand A parcel the size, dimensions or use of which was lawful prior to the adoption of, revision or amendment to ~.i~!i~::. .... ::, ~:~.i~ the Ordinnnec, but which fails by reason of such adoption, revision or 3mellchllent, to Couforlll to the present requirements of Nonconforming Structure A structure or building the size, dimensions or locations of which was lawful prior to the adoption of, revisions or amendment to this DOv~I~ ~ tho Ordimmcc, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the ~ Nonconforming Use A use or activity which was hwful prior to the adoption of, revision of amendment to the C~'dinnnCC, but which fails, by reason of such adoption, revision or nmendment, to conform to the present R:~DEVCODE~VADD2 10~12~95 16 (o) nO" Definitions and Illustrations (page Owner of P~vl~roy (p) "P" Definitions and Illustrations (staffs on page Tentative A map which is made for the purpose of showing the design and improvement of a proposed subdivision of less than five (5) lots. parc, eh, ~ondominiums, eemamunity apartmere project, or stock cooperlives and the existing conditions in a around ... Parking Space ... parid.g standards for the ~ district, which is accessible and available for the parking :'~;'~ vehicle. Person ~, county, district, or any o"ther group or combinations hereof acting as an entity. Personal Service Shops ... hair salons, mailing centersm ticket sales, ~ travel agent and mas,aagc. (r) "R" Def'mitions and IMustrations (starts on page 41) Residential Care Facility for the Fide fly A housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized ... Residential Care Facility An family home, group care facility, or similar facility determined by the Director of social Services, established for !i~ ~4 hour nomedical... Restaurallt, Drive-In ... confines ~ e the building, often in a motor vehicle. R:XDEVCODE~EVADD2 10/12/95 17 (s) nSw Def'mitions and HlusWa~o~ (starts on pa~e 4~) Sc~xndary Dwelling Unit An additional dwd/iag uait .Io a latlm~r'J resia~e an a ~ or d~ dwdling unit which may ~ ~nt~ and p~vides ~mpl~ ~d~t ~: H~g ~c~ f~ one or mo~ ~ns. ~ ~r ~ of ~ a~h~ S~ ~elling U~W my n~ e~ ~ ~ ~t of me ~r ~ of ~ H~g ~ of ~ ~ ~n~ nor Shall ~e ~ ~ Of a d~ch~ ~d u~t e~ 12~ ~ ~. Senior Citizen Housing Complexes Licensed housing for persons sixty-two (62) 65 )eAtr% of age or older, or unlicensed housing for persons fifty-five (55) ~-5 years of age or older, including such housing ... provisions of this Shopping Center A group of three ~} or more commercial establL~hments ... Slope ... rise to the run time !~.~ 1~. Specific Plan Under Article 8 of the Governmental Code (Section 65450 ~ ..... ' legal ...... · ., .,,~,~/, atool ... Standards, Development Requirements in ~i~i~~i~i~i~ ~ the Ordimmee that govern building ... Story, Full ... from the avenge adjoining grade to the ceiling is over five ~feet. Story, Haft A space under a sloping roof where the line of intersection of the roof and wall face is not more than three ~ feet above the floor level, and in which the possible floor area with had ~ ~-~- of five ~ feet or less occupies at least forty ~ 40 percent of the total floor are of the story directly beneath. (t) "T" DeFinitions and Illustrations Goage 47) Travel Tniler A vehicle, other than a motor vehicle, which is designed or used for human habitation and for travel or recreational purposes, does not at any time exceed eight ~ feet in width and forty ~ feet in length, and may be ... R:~DEVCODE~R~VADD2 10/12/95 (v) ~V" Def'mitions and Illustrations (sta~s on page 48) Vm~e Permission to depart from tho Ordinance when, because of special circumstances applicable to ~e property, strict application of the ~ ~ deprives such property of pn'vileges enjoyed by other property in the vicinity which is under identical zoning. Vehicle, Wrecked ... parts exceeding one ~ square foot in area. Village Center An area which is designated on the General Plan as a Village Center or has been rezoned with application of the Village Center Overlay ~ District .... (z) "Z" Definitions and Illustrations (page 50) Zoning District A specifically delineated area o~ district ~ within a municipality in which ... The map or maps which are a part of this Code and delineate the boundaries and ~ :c, nc districts. R:',DEVCODEXREVADD2 10/12/95 ATTACHMENT NO. 2 CITY ATTORNEY COMMENT L.- I I ER R:XDEVCODEXDRAFTDC.PL"9 10/12/95 vSw 4 BURKE, WmLIAMS & SORENS'~ August 14, 1995 John Meyer Senior Planner City of Tcmecula 43174 Business Park Drive Temecula, California 92590 P,~: Y.,enmlnlng D,zve, lopment Code Issues D~r John: As requested, the following rdects my research inlo the outsumding Development Code issues. The information you or the Planning Commission requested will be provided in a question and answer format to assist you in working tluough each of them. Q-1. Is the City preempted by Federal or State law from regulating in which zones fn"earms dealers and gun sales my occur? Pursuant to the F~erdl Gun Conwol Act, 18 U.S.C. 927, there is no ~pxessexl Congressional intent to occupy the field of firearms licensing. Any slate or local regulation would he permissible unless it conflicted wi~l Federal law. Ftlxther evidence of this lack of Federal preemption can bc found in the requirements of the 1994 Federal Violent Crime Bill which contains a provision that requi~s to be eligible for a Federal Fins License, the applicant must tirst certify that his or her business complies with local and state licensing regulations, (18 U.S.C. 923(d)(1)(F)). Consequently, if the local zoning prohibited the sale of firearm in certain zones, such as a residential zone or a neighborhood-~ommcr~l zone, then the Federal Bureau of Alcohol, Tobacco, And Firearms would deny the licensc if the applicant indicated the same on the license certification. A similar analysis of Slate law indicates that there is no express px'uemp~on of local regulations providing where firearms could be mold and where they are prolu'bited to be sold so long as the regulations pertain to the location of sales and not who is licensed. lohn Meyer Senior Planner City of Temecula August 14, 1995 Page 2 Government Code Sec'tion 53071 l~vides that: 'h is the intent of the Legislature to occupy the whole field of regulation of the regisUation or licensing of commercially manufactured firearms as encompassed by the provisions of the P~al Code, and such provisions shall be exclusive of all local regulations, relating to registration or licensing of cemrav.~dly manufactured firearms by any political subdivision as d~ned in Section 1721 of the X~_hOr Code.' Zoning regulations arc neither a 'registration' or *licensing' meehaxism for firearms or any other sales or services. Zoning regulations are regulations of the uses to which land can be puL As such, if a zoning ordinance does not allow for the sales of firearms in ceaUin zones, such as a residential zone or a neighborhood-commercial zone, it will be permissible under Stat~ law even in light of Government Code Section 53071. Can the City require a noticed public hearin2 prior to the conslderation by the City Council of Memoranda of Understanding which start the process or development agreements betveen the City and land developea~? The Memorandum of Understanding process utilized_ by the City of Temecula in which certain under'standings are reached between the City and land devclopen prior to engaging in the formal development agreement proc. e~ under Government Code Section 65864 et s~I. is a local creation. It is not provided for under the Government Code. Therefore, the City has the option to utiliTe. whatever process it chooses which comports with due prcr, e_~. As a result, there is no legal reason why a noticed public heaxing could not be held prior to consideration of a Memorandum of Understanding at the City Council level. As no~xl at the Planning Commission session whea'~ this issue was ra~, holding a noticed public heating at the Memorandum of Understanding stage may, in many circumstances, bc premature. With ~c MOU, dcvelopers are mexe. ly asking the City Council for an early *read* ff the City Council would entertain a projcc~ of a specific size and scope. Many of the details which are most likefly to be of interest to the public have not been defined. When the particular project's en~~emcnt or the actual development agreements arc submitted, the public will be provided notice of the public hearings on thcse items at both the Planning Commission and City Council lcwels. At that point, much more information will be John Meyer Senior Planner City of Temecnla August 14, 1995 Page 3 available for public consideration. Section 9.03,030(c), on the notl~ to property owners, what options does the City Council have to be able to obtain an updated surrounding property owners llst when a project hn~ been in the phrasing process for a considerable length of time and a substantial change in surrounding property owners may have occurred? The City of Temecula currently provides double the mount of public notice required for land use public hearings than is required by State law. State hw only requires notice to a 300 foot radius, while the City has opted for a 600 foot radius and a minimum number of properties to be noticed. In addition, the City Council has expanded the "posting" of public heming notices required under State hw for 'big' or 'significant' projects by requiring a large sign to indicate that a project is proposed for a specific property. State law compliance would be achieved by merely posting on the subject properties the same later-size public hearing notice generally mailed to prvpa~ owners. With the above as a background, providing updated property owner lists at some subsequent date raises some legal and practical difficulties. The legal difficulties are that on a certain date, generally thirty days from application submittal, the City is required tO determine if the filing is complete. The 'complete' determination is based on having the surrounding properly owner list included. Furthermore, with certain limited exceptions, once the 'complete' determination is made, the City is prohibited fwm requiting additional information, submittals, or processing fees to be paid. As a practical matter, the City would have to determine at the outset what the threshold for requiring a new surrounding property owner list submittal would be. Are the threshold projects that have been in processing for one year, two years, or those tha~ have had significant development occur on prc'viously undeveloped surrounding property? Perhaps the easiest way to both legally and practically implement such an additional notice requirement would be tO increase the deposit required when applicants file to cover the preparation of the surrounding property owners after that of initial submithl A refund of this additional deposit could then be made if the supplemental surrounding property owner list was not required. John Meyer Senior Planner City of Temecula August 14, 1995 Page 4 Q.4. section 9.06.030, Is the City required to permit manufactured homes and mobile homes on single-family residential lots? Cities are required to permit the installation of manufactured housing on lots zoned for single-family residential dwellings under Government Code Section 65852.3. Such housing types are referred to as "factory-built housing" and defined in California Health and Safety Code Section 19971 as: ".. . a residential building, dwelling unit,. or an individual dwelling room Or a combination of rooms thereof or building component, assembly, or system manufactured in such a manner that ffl concea/ed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage, or desauction of the part... which is either wholiy manufactured or is in substantiff part manufactured at an off-site location to be wholly or partially assembled on-site in accordance with building standards in the State Building Standards Code ..." The term "factory-built housing" specifically does not include a mobile home, mobile accessory building or structure, recreationff vehicle, or a commerciff coach. In regulating manufactured homes, the City may only subject the manufactured home and the lot on which it is placed to the same development standards to which traditional single-family residentiff structUres would be subject on the same lot. However, the manufactured home would be subject to the same building setback requirements, rear and sideyard, parking requirements, aesthetic requirements, and minimum square footage size. Architectural review is limited to roof overhang, types of roofing matetial, and siding matetiff may be imposed on the manufactured home even though the same are not imposed on tradifionff residential structures. Roofing and siding materiffs shffl not exceed those that would be otherwise required of traditional residential structures on the same lot. The City may not require special permits or other hurdles which manufactured housing must process ff the same are not required of traditionff single-family structures on the same lot. The only exception here would be the allowance for architectural review for manufactured homes which may be required by the City even if the same is not required of traditional single- John Meyer Senio~ Planne~ City of Temccula August 14, L995 Page 5 family structures. Consequen~y, the City is xeqnired to pemj. t manufactured homes on single-family resident~l lots. Very slmilnr requlremenM to those noted abov~ are imposed on the City for mobile homes and mobilehome parks. The City may no~ prohibiI mobile homes on lot zoned for traditional single-family residential structures. The only ¢xccprlon to this requirement is tlml the City does have the oplion to determine ff the lot for the proposed installalion of the mobile home is compatible for mobile home use. In addition, ~c City can apply all of the sam~ standards to the installation of the mobile home on the traditional single-family fesidenLial lots that it would apply to such I/Mitional single-family sa'ucture. The only limitation her~ would be certain aspects of archi~.J. ural r~iew under Govexnment Code Section 65852.3. Furthermore, tl~ ~ablishm~t of a mobile home park is deemed a permitted land use among all lands zoned or planned for residenrlal land use as set forffi on th,' adopt~ General Plan, The City may w.~luirc a Conditional Us~ PermiX to permit such a us~ under Government Code Section 65852.7. Consequenfiy, with limited excc"ptions, the City must p~rmit the installation of a mobile home on a Lraditional single-family residential lot. Q.S. Section 9,06.030, May the City require a Conditional Use Permit for large faxnily day care homes and under what limlia~ondcirc~m~tances? The City may r~xlulre Condilional Use Permits for large family day cam homes in accordance wiffi the C~llfornia Child Day Care Facilities Act, Heal~ and Safely Code Section 1596.70 et seq. The City may also establish ~em as a permitted use or may establish cerlain pe.~ormance standards as auffiofized by statu~: such as u-a~ic, parking, spacing and concentration, and noise and allow all ~ose who m~eX thos~ standards to opezate. Slam law allows family day care homes of six or less W opez~te in a residential z~ne as a matter of fight. Only when a home would have b~tween seven and ~e. lv~ children would it be classified as 'large' and allow the City to regulate the use as a non-residential use. ff the City selects the Conditional Use Permit option, please be advised that Health and Safety Code Section L597.46(a)(3) modifies the CUP process as we have become accustomed to it To begin with, public notice is only provided 'to pmpexty owners withirl lOO feet of the proposed use and a public hearing is held only ff a surrounding property John Mcyet Senior Plannet City of Tmecula August 14, 1995 Page 6 ownet or oiltar 'affect~ penon' specifically requests one. If no hearing is requested, the Condilional Use Permit automatically issues. P---_e-~use of the fight language of lifts stamn:, it do~s not seem to n~ g~t the City has the option to modify the s~ndards such as inereasing the notice requirement as the C'zty has don.' in other axeas. In terms of irnplcmentlng the Conditional Use Permit requirement, I suggest that the draft Development Code bc roodflied m reflect a footnon: for 'Pablc 9.06(a)'s mferenc~ for 'Family Day Care - Large' to indicate th~ special procedural requixemea~s of Health and Safety Code Section 1597.46(a)(3). This leomot,' Could read as follows: 'A CUP pxocea.scd for Largc Family Day Care Homes Ls subject to Health and Safety Code Section L~97.46(a)C3). h accoxdanc~ therewith, notice of the application be:rag fled shall be mailed to sun'ounding propmy owners wixhln 100 feet only and the notice shall indicate that unless a request for a hearing is made by such surrounding property owner or other 'affecn:d person' the CUP will issue within twenty (20) days of the notice. If a hearing is requested, the Planning Department shall schedule such hearing within thirty (30) days of the request and the hearing shall be held within thirty 00) days of being scheduled.' I have attached a morn comprehensive ordinance: addressing I ~rge Family Day Care Homes adopted by the City of Los Alamitos for your r~f~reace: in the event the City decides a more comprehensive approach is desired. Q.6. Section 9.06.0~0(m), Second Units, Can the City mandate a minimum size for the second units? Yes, the City is specifically authorized by Government Code Section 65852.2(d) to: ".. . establish minimum and maximum unit siz~ requirements for both attached and detached second units. No minimum size for a s~cond unit, or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings which does not permit at-least an efficiency unit to be constructed in compliance with local development standards.. .' As a result of the above, the City may establish minimum and maximum unit size for second units, but must permit them to be at least as large as an John Meyer Senior Planner City of Temecula August 14, 1995 Page 7 efficiency unit. Q.7. Section 9.08.30, May the City require a Conditional Use Permit for service stations who desire to concurrently sell rootor vehicle fuel with beer and wine? If so, under what circ.me, ances or under what limitations does the City face in requiring a CLIP? Yes, the City may require a Conditional Use Permit for service stations that des[re to concurrently sell motor vehicle fuel with beer and wine. The City may not prohibit the concurrent sale of motor vehicle fuel with beer and wine under Business and Professions Code Section 23790 et seq. The existing county zoning ordinance adopted by the City, (Ordinance No. 347), contains generally adequate provisions in this respect with the exception that the requirement that the decision to grant or deny the CUP be based upon "substantial evidence in view of the whole record to justify the ultimate decision." To implement the CUP requirement, I recommend adding an additional use to Table 9.08(a) "Automotive Service Stations Selling Beer and/or Wine - with or without an Automated Cax Wash." This use would requ[re a CUP in all zones. Once listed, I recommend that a footnote be added to read as follows: "The CUP will be subject to Section 9.08.050(g) hereof." Section 9.08.050(g) would then be revised to read as follows: "(g) Alcoholic Beverage Sales (1) All businesses or establishments offering the sale of alcoholic beverages shall require the appropriate license from the State of California and the City of Temecula and be subject to a Conditional Use Permit. (2) Any automotive service station which proposes to sell beer and wine concurren~y with motor vehicle fuel shall require a Conditional Use Permit which permit shall be subject to the provisions of Business and Professions Code Section 23790 et sea. and shall require that: ~ohn Meyex Senior Planner City of Temccula August 14, 1995 Page 8 The decision be based on written findings. A denial of an application for a CUP be subject to airpeal to the City Council in accordance with Section 9.03.100 of th/s Code. The sam~ procedure for norlcing, and conducting the CUP hearing that is utinT~ by the City for all other CUP's be used and provide for all paxtics to be pr~n~t ~d to present evideace. The decision and findings be based on substantial evidence in view of th,' whole record to justify the ult/mzte decision. The above bn~ne~SeJ ~h~11 not be located within live hundred feet (500') of any religious institution, school, or public park The License aFplication shall be reviewed by the City's Police Services prior to Ciiy's approval.' Section 9.06.050(j), Does the State regulate outdoor play areas for f~mi_ly day care centers or does the City have the option of imposing a specific standard? In accordance with ~he California Child Day Care Facilities Act, Health and Safety Code Section 1596.70 et seq., the City may establjsh certain performance standards such as traffic, parldng, spacing and concentration, and noise. Pa outdoor phy areas do not appear on this list, the City's authority in this regard is limited. Some jurisdictions have required that the outdoor play areas be securely located and approl~,'ly landscaped. This appears to John Meyer Senior Manner City of Temecula August 14, 1995 Page 9 bc the e~t~nt to which th~ City can regulate the outdoor play areas. Q.9. Section 9.06.050(o)(2)(d), Does the Uniform Ftre Code regulate parking in sideyard setbacks, Le., 3' from a structure? The Uniform Fire Code adopts the Uniform Buildin~ Code's, ('UB.C'), reclulremcnts for separation or clear areas around "escape or rescue windows.' L~BC Section 120zt provides in Mewant part that: ".. .[~IAiI escape or xescue windows shall have a minimum net clear openable area of 5.7 squat~ feet. The minimum net clear openable height dimension shall be 24 inches. Th~ minimum net clear openable width dimension shall be 20 inches.. .' As a remit of the above, parking in the sideyard setback is permissible if the clear operable area is maintained. Certain additional requirements may also apply such as fire walls, building separation, or emergency access. Q.lO. Table 9.08(a), On what b3sLs can the City distinguish between outdoor swap meets and outdoor farmers markets? There is no legal requirement for the City to allow or prohibit either outdoor swap meets or outdoor farm~r's markets. Consequen~y, a corm reviewing the distinctions or classifications prepared by the City would look to the reasonableness of the classifications and the different treatment resulting themfwm. One basis for such a distinction could be General Plan policies which'seek to promote the rural lifestyle of which a farmer's markP_x could be an integral part. On the other hand, an outdoor swap meet would not tlt those same policies. Consequently, a reasonable and rational basis can be found for distinguishing between the two uses. Q.11. Section 9.08.050(g), Is the requirement in thlg Section for a 500' separation from churches and schools ancl alcohol uses valid? Business and Professions Code Section 23789 generally regulates the location of bars and liquor stores in relation to churches and schools. As to churches, Business and ~'ohn Meyer Senior Planner City of Temecula August 14, 1995 Page 10 l'rofessions Code Section 23789 1oermits the Department of Alcoholic Beverage Control, ('A.BC'), to refuse to issue a license 'within the immediate vicinity of churches and hospitah. ' As to schooh, the ABC is authorlve~_ to refuse to issue a license within 600' of a school. The City's zoning a~tho~ty does allow the City some fiefibility to set up additional criteria which do not conflict with State law. As the City's standard is mot,' restrictive, it would likely be valid. Q.12. Section 9.2A.IBOCn), Is the reference to "specialized work-related vehicle' speedlle enough to allow the City to differentiate between vehicle types for on-street parking purposes and for purposes of prohibiting parking in the driveway or front yards in resldenthl zones? As to parldng on public streets, it is h'lmly that the City would only be able to differentiate between vehicle types which are defined in thc f'~lifornia Vehicle Code which does not contain a listing for 'specialized work-related vehicle.' Even ff the City can find a classification which is defined in ~e Vehicle Code for on-street parking, the City will need to provide adequate notice of the local provision to avoid due process violations. In 75 Ops. Cal. Atty. Gen. 239, ~e CaIifomia Attorney General issued an opinion which addressed the issue of whether a City could pmhjbit the parking of particular categories of vehicles on private pwperty, such as driveways and private commercial pafidng lots. The Attorney General. concluded that because the C-~tifomia Vehicle Code does not regulate such parking ~e authority to regulate such parking would stem from the city's Constitutional police power. Thus a city can regulate pafidng on private property to ~e extent that it can regulate any. other land use. The major issue therefore is whether or not the ordinance provides sufficient notice of what typea of vehicles are prohibited and how this information is transmitted to the pubtic. As drafted, Development Code Section 9.24.020(h) does not seem to pwvide enough notice of aactly which vehicles are encompassed within the term 'specialized work-related vehicle.' Thus, enforcement of this Section would pwbably violate due process because people are not given enough notice of exactly which vehicles will violate the ordinance. If the City wishes to prohibit the parking of these types of vehicles on private property, the City should either clarify the definition or list exactly which vehicles will violate the ordinance. Simply offering one or two examples in lieu of a definition will likely not sati~ John Meyer Senior Planner City of Temecula August 14, 1995 Page 11 due process, thus rendering the ordinance unconstitutional. Q.13. Section 9.24,040(d), Does the City have the authority to impose higher or more strict requirements for the provision of handicapped parking - especially with certain types of uses such as doctor's offices, medical buildings,-physical therapy centers, etc.? · AS a matter of development studaxe, the City could impoa~ additional or higher standards in tr~ms of the number of handicapped parking stalls required as a condition of dewlopmem approval. Such standards, if used, should be establhhed as a part of th,- performance standards for any zone in which the City d~ them to apply. The City could rationally and legally distinguish between the types of uses to which the higher number of handicapped parking s, alh apply by focusing the City's efforts on doctor's office~, medical buildings, and physical therapy centers. Such additional standards, ff used, should be enumerated as additional performance standards for the specified uses. The City does not have the option to lower the standards for disabled parking or access prodded for in Federal or State law or regulation. Q.14. section 9.24,040(e), what, if any, authority exists for the City to d'nforce the 'Compact Cars Only* designation on *compact car* purldug spaces? Labeling a paxking space 'compact caz only' may not satisfy due process if the intent is to enforce this restriction. Neither the phrase 'compact car' nor the phzase 'large car' or 'full-size car' are defined in the California VeJ~_ieie Code. Thus someone cited for parking a *large car" in a "compact car" space would lilc,3.1y violat~ the notice requirements of due proces~ because a driver cannot tell from reading the ordinance or the maxking on the parking space whether his or her car q.-nllfies as 'compact' or 'large' car. If the City wishes to enfm-ce this type of restriction, the City will likely have to incorporate definitions, with dimensions of "compact ear' and *large car" into the City's Codes. Additionally, the City may want to m:luire the words 'compact can only" or possibly some type of signage be used in private parking lots to further ensure that the notice requirements of due process are met. John Meyer Senior Planner City of Temeeula August 14, 1995 Page 12 Q.15. Section 9.24.040{e), Is there ~ requirenat that the City keep compact parklnE stalls as an option for developers to ~__~st in meeting off-street paridng requirements? Are there any legal problems assochted with ,~lhv, ln~tlng coinpact parking stalls as applied to future development? I was unable to locate any general legal requirement that the City continue to permit the use of compact parking stalls, To the extent that some areas of the City axe covered by Development Agreements or yeSling tract maps, these vested entitlemerits may allow developers covex~d by those ~l~e~'~c entitlemeats to continue to use existing parking standards which may include the use of compact parking stalls. A brid contact with the Southern California Aj.r Quality Management District indicates that they hav~ no m:~nd_Kte for citie~ to allow compact car parking stalls and there is no incentive for cities to malnmin them from the SCAQM:D, Q.16. Section 9.26.025, Covenant or Easement, Does the City have the authority to amend or release the Cove_n_~__ni if the !and use entitlement by which it was imposed expires or terminates? Covenants of ~=~raents were cn:ated by Government Code Section 65870 ~ ~. to allow cities to ensure access, parting, or ~imilar issues could be addressed when one property owne~ holds two adjoining properties and traditional real property law would provide that any easement jn that situation (from the owner to the name owner) would merge into the underlying fee ownership and thus absolve. The practical impact of this traditional real property rule ~ts to prevent LI~ City from cttsttring ~,t,,,,.~, parking, etc. in this situation which it could erasure by others not under common owne~'ship. The City does not have ihe option to amend the covenant or to provide for the automat~.c release of the covenant of easement when the underlying entitlement expires or termhaws. Howev~, Government Code Section 65874 does spec~fically rcquize the City to establish a release procedure for the covenant of easement which requires a public hearing. Such a procedure could also be used W amend the covenant finn amendment was ncc-qury. The City Council may in the enabling ordinance designate itself or some other body of the City, such as the Planning Commission, as the hearing body. As a result, the covenant of easement can be released, but a public heating will be required. John Meyer Senior Planner City of Temeeula August 14, 1995 I hol~ th~ foregoing information is helpful to you. If you have any questions regarding a matrex, please feel fze~ contact me. Enclosure cc: Sincerely, crrYoF~ . Gary Thornhill, Community Development Director Peter M. Thorson, Esq., City Attorney ORDINANCE NO. 589 AN ORDINANCE OF TI{E Cll f COUNCIL OF THE CITY OF LOS ALA1VIITOS, CALIFORNIA, ADOPTING ZONING ORDINANCE AMENDMENT I07-9S AMENDING SECTION 12-37.U. OF THE ZONING CODE PERTAINING TO THE REQUIREMENTS FOR LARGE FAMILY DAY CARE HOMES IN THE CITY. Th~ City Cound] of~ City~ofLos Ahmitos do~s find and dEt~min~ as follows: SECI~ON ONE. WI~X~F_AS, ~ v~'rified n.pplication ha~ bee~ filed fo{ a cer~tin property., to wit: all prope~es within corl~rat¢ botmdazi~ ofth~ City of Los Aln.,nko~ and. WttEREAS, said v~fified n4~plication coa.~mtt~ a re~u~'x as provided I~. Section 22-71 of th~ Z. or~ng Code; WI-~KEAS, the PlannL~ Cornminion ~d on fi~ 6th day of Feb~u~y., 199~, hold a duly ooticed public h~ng as pr~crlb~d by law m c~dex s~id n~lu~-t: and. WHEREAS, th~ City Council did on the 27th day of. February, 1995. l~old duly nofic.~d public hea~ as p~ctil~l by L~w to consider said rcclu~q.' a~d, WHEREAS, a~ said public 1~, upon l~adng and c~idering all ?~jmony and arguments, if any, o~ · ll pe~ens d~iting to be ~ said Council cot~id~d all factors rcladng to Zo~'xg Ordinnn~ Amendment (ZOA) 107-9I WHEREAS, putsum~ xo the p~/isions of th~ CaKfomia Envlronw~t~| Quality Act (CEQA), an envi~ checklL~t aud Ne~ive Dcclnx~tion ~tz p~l~xed for the proj~c~ a~ documem~l in Cky Coun~l R.~oluti~n 1565, and availabl~ for public xcvi~.w beginain~ hnuat~ 13, 1~5; and, ~, Zeaing' OrdL'~n~ Amen&nent 107-95 is con.~is-t~nt with and implements th~ goals and obje~iv~ of ~ Ci~s G~ral PI,~; and, V~IEP, EAS, Zoning Ord~nnc~ A~d:ndm~nt I07-95 is in the be~t long ranl~ in~rc3ts ot th~ c~nmunRy r~ to th~ n~-~ for th= e~'tablLsh~en~ ofre~uL~tion~ for us~ such as ~ fam~y day car~ homc~ du~ to ~-IEREAS, Z_/mi,~ O~ Amendment 107-95 i~ consistent with th~ Innd us~ d~velopm~t 80~1~ and SE~.' ~ ~ON TWO: Th~ City Council of the City ofL<~ Ahmitos ~ ord,~in as foilrow: Sect'ion 22-37.U. o~the L~s .Al,~n~t~ Zo~g Code i~ I~rsby amended by repe~Iing the word~ linezt through an~ ~h:l~g thC word~ Uv Day Care C~,~t~ m~d Larb-~Family. thy Cn, ~ IIomes :r, defmcxi in thi: Chapter =ubj cct to the bamnoo of a $ondi~onal use permit ~nd the following provisi~srm: . A mjaimum ofsovcnW! five (75) sq4e~ fexx of outdoor play uea $d ~i~: five (35) ~u~ f~ of hd~r pl~v area s~l be pto~d~ ~ tMld. ~w ou~o~ play ar~ sh~ b0 I~ ~ ~cl~ by a ~ (6) ~ high ~' ~11 ~th a ~ cl~g ~d ~If Ftte Department approval and a li~se From tho Orange Counly Social Services D~nt~,eat ~ be obtain~ prior to occupa~..- of tho Day Care Center or L~rgc Fmrdly Day Car~ Homo. 3. OFF str',ct parking '~kdl bo provided in aoeordanco with go~. 22 15. F~,dly Day Cato Homoe -jmll not be :ubj~ct to the pro~i~ion~ of Scctioa I597.46. (a) q3) of the Health and gafcty. Co~.. Day Care Centen and Large Family Day Care Homes as defined in this Chamer. subject to the foltOwin~ Orovisions: 1. Day Care Centers. Off-street parking shall be provided in accordance with Sea[on 22- bm 'Fb; provider shall secure th~ a;~prop~at¢ ekild care license, as t~iuired bv the Omn~e Cottory Soda[ Services Department, prior to a Certificate of Occuoaucy being issfa~ to kke ~v ~ center. m Lax~: Family Day Caxe Homes shall be a oenaltted accessory use for dwell[no lcx:ated in a residential zone, subject to first obtaininz a modified conditional use ~ermit as described below: Axmlication~ for modi~ eouditional use vermit~ shall be subrallied to the Community Develooment Dco,a~me.nt FOllowing ~ receipt ofa comDlexc application. the C~unitv De~l~m~ D~t sh~l ~ n~ of~ a~ u~ ~ ~1 ! O~t ~i~ of~e e~or ~n~u of~e p~M ~ FsHv Day C~ ~loommt Dim~or $h~[ m~e a deision ~ the application ~thin ~n A oublic hearinl shall not be held on the aoolica~on unless a publle hearing is ieiuested. in wrifinl. by either the aDpliennt or other affected person. Th= Dublie hearing: shall be held in a manner as ore~e~bed in Sections 22-69 and 22-77 of the ~ Ala, milo~ Zonint~, Code. 589 - 2 The Pt~nine Commission. in xhe ~ase of a Dublie hearing: or the Co~i~ D~lopm~t Di~ s~ll a~D~ the noDlicntion uo~ ~ndinethat ~e D~d use ~vli~ ~th all ~e ~llo~in~ (l) (2) Th~ Lark~ Family Day Care Home is ~c orovid~fs own residence, ~c use ~ cl~v ~1 ~d ~n~' xo ~ use of ffie om~ for ~id~t~l nu~os~. ~d ~c ~cili~- ~y be ~i~ licensed child ~r ~ only ~ ~i~ bv ~c S~ate. The opralion of the facility sixall camair with noLs~ standards cO_ntalncd in Article XI of the Los Alamixos Zoning Code and the Noise Berneat of the Los Alamiws C,-oncrnl Plan, f3) Off~t parking shall be vrovidcd in accord~c~ wiffi Section 22-45. ~4) Th~ proposed use muSt camair ~th all State Fire Marshal reauir~ments for buildin~ and safm, ~ich anon to Lan~ Family Day Care Homes. and with all local buildin~ and fir~ cod~s which apntv to sinszlc-familv residences. The nmvidcr must secure a Lame Fandlv Day Cam Home licstse from tl~ Ornn~ County Social Services Dcnarnnent ~rlor to issuance of a Ccaificate of Use and Occunan~v forthe Lame Family Day Care Hon~. Ray ~ouiomcnt shall be Iocat~l in a .s~cur~ area and all outdoor Play areas shall b~ landscaped. (7~ The Lan~ Farnilv Day Care Home shah ~ be located within a ratEus of 300 feel.. mens'uv~l from the vronenv lines of the $ubi~:t vmnertv, of an existiniz L~gc Famih' Day Cam Home_ The fadliB, shall be operated in a manner so us not to aD~ar us a cu,,u~crcial o~cration, and ~e nroocrtv shall be malmalne~t llcl~ ~ral affl~nra~c~ and chara~r of the residential neighbor'oood. Ifliz ~ovlicant is dissatisfied with the decision of the Community Dm:topmcnt Director. the avolic:mt may appeal in va'itinq to the Planning Co,u,ission within tm (I0) days ofthc Dirc~or'$ decision. The Community Ocvdo~m~m Department shall be authorized to collect a necsnrv to orocess the Modified Conditional Use Peru,jr for - Lar~ Family Day Cam City Council shall certify to thc passage and adoption of this Ordmnc~ by tl~ City Council and wifh~, fajhzn days shall ~,,-- the sam~ to be publkshcd in tlz ~ provid~ by law. Said Ordinance slnll rake 589 - 3 PASSED. APPKOVED. AND ADOPTED nt a. m..gular me~in~ of zhe City Council of the Ci~ of Les Alamitos, California held on this 13th day of Marc. h. 1995. Mayor, Ci~, of LOs Alarmms City Clerk ofth~ City. of Las Alamitos STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY' OF LOS AI. AM1TOS ) SS k Donna S. Velin, City. Clerk of the City of Los AJami,os. do hereby cerffS.- that the foregoing Ordin~ne~ was introduced on the 27~h day of Februa.ry, 1995, and was adoprod on the 13d~ day of Mar& 1995, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMKMBERS: COUNCIl,MEMBERS: COUNTERS: COUNCILMEMBERS: A 1' 1 F_.ST: City Clerk of the Ci~' of Los Alamitos aLordS&9 589 - 4